City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 The regular meeting of the Council of the City of Norwich was held April 5, 2021, at 7:30 PM in Council Chambers. Present by a roll call vote: Mayor Nystrom, President Pro Tem Bettencourt, Ald. Nash, Gould, Wilson, Myles (arrived 7:41 pm) and DeLucia. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. President Pro Tem Bettencourt read the opening prayer and Ald. DeLucia, led the members in the Pledge of Allegiance. Upon a motion of Ald. Gould, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to adopt the minutes of March 1 and 15, 2021 on a vote of 6-0. Mayor Nystrom read the following proclamation: PROCLAMATION WHEREAS, Autism is a complex condition and developmental disability characterized by difficulties in the way a person communicates and interacts with other people; and WHEREAS, symptoms of autism may present themselves in a variety of combinations and can result in significant lifelong impairment of an individual’s ability to learn, develop healthy interactive behaviors, and understand verbal and nonverbal communication; and WHEREAS, in the United States, autism affects 1 in every 110 children and about 1 in 150 people in America have autism; and WHEREAS, Norwich is committed to ensuring that people living with autism have access to care and services needed to pursue their full potential and happiness; and WHEREAS, Norwich is honored to take part in the observance of Autism Acceptance Month in the hope that it will lead to a better understanding of the disorder; and WHEREAS, the 'Puzzle Ribbon' is the symbol for Autism Awareness and is promoted by the Autism Society as means of supporting awareness for autism. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM MARK BETTENCOURT, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby recognize April 2021 as AUTISM ACCEPTANCE MONTH in the City of Norwich and we ask citizens of the Rose City to observe and learn about autism for the betterment of all of our citizens. Dated this Fifth day of April, 2021 Peter Albert Nystrom Mark Bettencourt Mayor President Pro Tem 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Ald. Nash read the following proclamation: PROCLAMATION WHEREAS, the Vietnam War Veterans Recognition Act of 2017 officially designated March 29 as Vietnam War Veterans Day annually ; and WHEREAS, the war in Vietnam spanned a period of nearly two decades, lasting from November 1955 until April 1975; and WHEREAS, of the nearly 3 million American soldiers, sailors and marines who served roughly 58,000 gave their lives for our nation’s freedom; and WHEREAS, Norwich is honored to be the home of the courageous veterans who continue to serve as leaders in their communities, workplaces and religious and civic organizations; and WHEREAS, many of our veterans bear permanent physical and mental scars from their time in the Armed Forces and continue to face neglect and mistreatment despite their stellar service; and WHEREAS, it is our duty in Norwich to honor and support the men and women who have put service before self; and WHEREAS, more than 3 million Americans served in Vietnam, more than 58,000 names are memorialized on a black granite wall in our nation’s capital, 304,000 were wounded, 1,253 are Missing In Action (MIA) and 2,500 were Prisoners of War (POW); and WHEREAS, it is especially important that the extraordinary contributions of Norwich’s Vietnam Veterans and the sacrifice of their families be remembered and recognized. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM MARK BETTENCOURT, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby acknowledge the sacrifice of our Norwich Vietnam Veterans and their service to America. Dated this Twenty Ninth day of March, 2021 Peter Albert Nystrom Mark Bettencourt Mayor President Pro Tem Mayor Nystrom call for a public hearing on AN ORDINANCE AMENDING CHAPTER 3 SPECIAL DISTRICTS BY ADDING SECTION 3.11 BUSINESS MASTER PLAN DISTRICT (BMPD) TO THE NORWICH ZONING REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: 3.11 BUSINESS MASTER PLAN DISTRICT (BMPD) 3.11.1 Statement of Purpose 3.11.1.1 The City of Norwich recognizes that there exist properties located proximate to Interstate 395 and the Taftville-Occum area of the City which represent important opportunities for economic growth and community development. There may also be other areas in the City which may be identified from time to time which present such opportunities. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 3.11.1.2 The City Council may establish a site specific BMPD for those properties suitable for the development of uses as permitted in a BMPD as set forth in these regulations. The BMPD is a floating zone governed by a Master Plan. The Master Plan will be subject to review and approval by the City Council, acting as the City’s zoning authority, as a zone change, subject to a public hearing and the terms and conditions of these regulations. The Master Plan requires certain fluidity in order to accommodate market changes during the complete development of the property or properties comprising the BMPD, and as such may change over time. Any substantial and material changes shall be subject to the City Council’s sole discretion and shall be subject to the same procedural and public hearing requirements as the original zone change adopting the BMPD. Any development on the zoned property will be subject to the specific BMPD requirements as set forth herein. 3.11.1.3 The BMPD is intended to encourage development of commercial parcels and permit new construction, renovation and/or adaptive re-use at these sites. The proposed uses and objectives are in conformity with and in furtherance of the goals and objectives contained in the Norwich Plan of Conservation and Development (POCD), and may include locations for advanced technology industries, research and development facilities, data centers, laboratories, or manufacturing, which will generate employment opportunities for the City. Factors to be considered by the City Council in approving a BMPD include: .1 That the location, uses and layout of the BMPD are in conformance with the general intent and the goals and objectives of the POCD. .2 That there will exist compatibility between the various uses that are proposed within the BMPD and also compatibility with neighboring land uses, taking into consideration the requirement and standards of these regulations. .3 That there will be a positive economic impact of the proposed BMPD to the City, including anticipated tax revenue, utility revenue and employment opportunities. 3.11.2 Establishment of District 3.11.2.1 The City Council shall establish the BMPD by approving a Master Plan, which while not intended to be a substitute for detailed requirements associated with a site plan, provides sufficient information to determine whether the proposal is in conformance with Section 3.11.1. Such adoption shall constitute a zoning map amendment in accordance with Section 8.4 of these Regulations. 3.11.2.2 Additions and Alterations. Any substantial and material alterations to the Master Plan, including but not limited to changes which are beyond the authority of the Commission of the City Plan under Chapter 7 of these Regulation, must comply with the criteria established in Section 3.11.1, and must be approved by the City Council in its sole discretion. 3.11.2.3 District Expiration. Approval of the zone change under this BMPD shall be void, without any further action of the City Council and the property shall automatically return to its prior zoning designation, unless a site plan for one or more sites in the BMPD is approved within 5 years of the zone change approval. The City Council may grant one or more extensions of this period prior to expiration upon written request of the applicant, but in no event will the extensions exceed 5 additional years. 3.11.3 Master Plan The purpose of the submission of a Master Plan is to determine whether the proposed uses and layout conform to Section 3.11.1, 3.11.5 and the POCD. The Master Plan, once adopted for a particular property or properties (the “Site”) shall establish the dimensional characteristics of the BMPD and its uses. All elements of the Master Plan shall be prepared to provide a conceptual plan for the overall development of the BMPD. The Master Plan shall include: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 3.11.3.1 Master Plan narrative demonstrating the Master Plan’s consistency with the purpose of the BMPD, and the policies, goals and objectives of the POCD. 3.11.3.2 Existing Conditions Plan, showing site conditions and structures, including wetlands, watercourses, special flood hazard areas, existing topography with 5-foot contours showing the general gradient of the site, existing roads and rights of way, easements, boundary survey and location map, which, along with other surveys and plans listed below, shall be at a scale of 1 inch = 100 feet or larger prepared by a Connecticut licensed architect, landscape architect, surveyor or engineer (collectively the “Consultants”). 3.11.3.3 A description of the existing uses of the Properties and their present location prepared by the applicant and its Consultants. 3.11.3.4 Conceptual plan indicating structures to be retained, substantially rehabilitated or demolished; general location of new structures to be built on the Properties; proposed roadways; parking areas; vehicular and pedestrian circulation; and any areas to be landscaped or dedicated to public use or open space. This plan shall be prepared by one or more of the applicant’s Consultants, as applicable, and provide sufficient information to review the proposal. 3.11.3.5 A description of any proposed new uses or change in uses and their proposed location on the site by the applicant and/or its Consultants. 3.11.3.6 A preliminary traffic analysis detailing the impact of the proposed development taking into account the most intensive uses permitted in the BMPD; and including in the conceptual plan and the measures necessary to mitigate those impacts, if necessary. 3.11.4 Site Plan 3.11.4.1 After Master Plan approval and establishment of the zone by the City Council, each development site must apply for site plan approval to the Commission on the City Plan (“Commission”), following the requirements of Chapter 7 of these Regulations. The implementation of the Master Plan may be phased by the filing of multiple site plan applications. 3.11.5 Design Standards. The following design standards shall apply to the BMPD: 3.11.5.1 Area and Bulk Requirements. Existing structures located within the BMPD are deemed to be conforming in terms of any encroachments on maximum height, maximum lot coverage, etc. (i) Minimum district size: A minimum of 200 acres of contiguous land in one or more parcels under common ownership or other ownership arrangement satisfactory to the City Council acting as the zoning authority in its discretion; and (ii) Road frontage along any arterial road or direct access to and from an arterial road via a public road and/or private right of way; (iii) Serviced by adequate underground public utilities or be capable of being serviced by the same or by the provision of sufficient on site facilities to be constructed. (iv) Minimum front yard: 0 (v) Minimum side yard: 0 (vi) Minimum rear yard: 0 (vii) Maximum building height: such height as approved on the Master Plan. 3.11.5.2 Architectural Design. All new construction shall be designed to provide a high quality appearance consistent with contemporary standards and all selected materials shall be durable with subtle colors and uniform treatment. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 3.11.5.3 Signage. A sign plan evidencing unified signage for the BMPD, including the general position, size and appearance of signs visible from any public right of way shall be included in the Master Plan application and shall be approved by the City Council. 3.11.5.4 Parking. On-site parking areas shall be adequate for the uses proposed. The Master Plan shall establish parking standards, with parking located on site to the extent feasible, without excessive impervious coverage. Parking area design should maximize landscaping. Storm water management shall be designed to handle anticipated run-off without creating negative impacts on adjacent properties or natural resources. 3.11.5.5 Lighting. All site lighting shall be designed with full cut-off fixtures and facing in a general downward direction to shield and reduce glare. 3.11.5.6 Permitted Uses. Permitted uses shall be established by the Master Plan. .1 Professional and contractor offices .2 Research and development facilities .3 Computer software and hardware development .4 Data Centers .5 Logistic Centers .6 Laboratories – no onsite patient visits permitted .7 Manufacturing .8 Power generation facilities and utilities .9 Truck Stop with associated retail sales, subject to approval of location within the BMPD .10 Other uses as permitted in the underlying zone in which the BMPD is located when specifically identified at the time of the BMPD application 3.11.5.7 Prohibited uses. The following uses are prohibited in the BMPD .1 Outdoor storage of raw or finished materials as a principal use (more than 50% of the building footprint) .2 Junk or salvage yards .3 Gasoline filling stations, except the permitted use Truck Stop .4 Vehicle sales, leasing and renting .5 Auto repair, storage, maintenance and paint shops .6 Retail sales except associated with permitted use Truck Stop .7 Residential uses .8 Landscaping and construction laydown area .9 Self-Storage facilities 3.11.5.8 Buffers. The purpose of buffer areas is to provide privacy from noise, light glare and visual intrusion to residential dwellings in all locations where uses within the BMPD abut a residential district exterior to the BMPD. The city council will carefully analyze any buffers between the BMPD and surrounding residential neighborhoods and may tailor standard buffers to include enhanced, landscaping, fences, walls and earthen landscaped berms, with due consideration for the relative heights of the uses on each side of the buffer. .1 Standard Buffers. Unless otherwise approved in the Master Plan, buffers for uses within the BMPD shall be established and maintained as 25 feet with 10 feet of screening from the adjoining residential zone and/or any additional buffer requirements as determined by the City Council. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 .2 Buffers may only be reduced from those established under Section 3.11.5.8.1 in the event such reduction is compatible with the objectives of Section 3.11.1. When reduction of buffers under Section 3.11.5.8.1 is allowed, the City Council shall require buffers meeting the standards of Section 13.11.5.8. The City Council, in the exercise of its discretion may require buffers of such size, type and material as it deems reasonably necessary to protect adjacent properties or important natural resources. .3 The following accessory uses may be allowed within buffer areas, provided they are adequately screened from residential properties: access roads, pedestrian sidewalks, utilities, mailboxes and approved signs. The City Clerk read the following four petitions and communications: Ald. Myles arrived at this time. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Speaking in favor: Robert Buckley, Chairman of the NCDC Board, read their comments into the record which were in favor of the new Business District Master Plan ordinance. NCDC believes that the passage of this ordinance will be significant for economic growth, community development, a needed addition to the zoning regulations of the City of Norwich and will provide opportunities for business development going forward. Deanna Rhodes, Director of Planning and Neighborhood Services, read into record a revised text submitted by Mark Block, the applicant; revising 3.11.2.3. to read; REVISED 3.11.2.3 District Expiration. Approval of the zone change under this BMPD shall be void, without any further action of the City Council and the property shall automatically return to its prior zoning designation, unless a site plan for one or more sites in the BMPD is approved within 5 years of the zone change approval, (“new”) “and all work in connection with the site plan is completed within the 5 year period.” The City Council may grant one or more extensions of this period prior to expiration upon written request of the applicant, but in no event will the extensions exceed (“new” )”the extension of any site plan approval to complete the required work (but excluding an extension under Section 7.5.10). It being the intension of this provision that should the site work not be completed within site plan extension, that this zone change under this BMPD be null and void and the property revert to its prior zoning designation.” Speaking in opposition: Charles Evans, 49 Butternut Dr, stated the potential purchase of land for a second industrial park should not be considered. He stated the cost per acre would put a hardship on the taxpayers of Norwich. He asked why Norwich is purchasing the property, at this price, did Norwich look into a short term lease or can they use the current industrial park? He then stated that we should not acquire the property to add to the already high taxpayer’s burden. Mark Perkins, 81 Lawler Ln, spoke on the Byron Brook property and is in opposition of the wording in section 3.11.5.6 Permitted Uses especially smoke stacks and truck stop, he stated this is not where we want to steer our truck traffic, thru Norwichtown? He asked the Council to postpone the vote until further research can be done. Marvin Serruto, 100 Starr St, was curious about fixing our Brownfields first so more people will come to Norwich. Joanne Philbrick, 10 Elm Ave, stated she took a ride thru the Industrial Park and saw many empty buildings, for lease signs, non- profits and Dodd stadium. She asked who owns the land in the Industrial Park. She also asked where NCDC gets $3.55 million to buy this new land they stated NPU will be purchasing the land and NCDC will administer it. She stated she was not in favor of this because there are too many failed projects and we don’t need another. There being no further speakers Mayor Nystrom declared the public hearing closed. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this ordinance being given its second reading. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion of Ald. Gould, seconded by Ald. Nash, it was voted to amend the following ordinance introduced by Mayor Nystrom and President Pro Tem Bettencourt and Ald. Gould to add all of the recommendations of the Commission on the City Plan as presented below; 3.11.2.3 District Expiration. That the section be revisited to include additional language requiring completion of at least one approved site plan to ensure that the master plan zone is developed and not just held in perpetuity. 3.11.5.1(i) Minimum district size: That the minimum be changed to 100 acres. 3.11.5.1(iv),(v)&(vi) That these items be combined as (iv) and changed to: Minimum front, side and rear yards: such yards as approved on the Master Plan 3.11.5.1(vii) That this item be renumbered as (v) 3.11.5.2 Architectural Design. That a second sentence be added: The Commission on the City Plan shall approve architecture during the site plan process. 3.11.5.4 Parking. That the beginning of the second sentence be modified as follows: The Master Plan shall establish parking which adheres to industry standards as determined acceptable to the Zoning Commission, with … 3.11.5.6. Permitted Uses. That a second sentence be added: This is a non-inclusive list and may include other uses as deemed appropriate by the Zoning Commission at the time of the application submission. 3.11.5.6.6 Laboratories: That the text “no onsite patient visits permitted”, be removed 3.11.5.7.6 Prohibited Uses. That “Retail sales except associated with permitted use Truck Stop” be removed and that the subsequent prohibited uses be renumbered 6, 7 & 8. 3.11.5.8 Buffers: That the comma in the second sentence after the word “enhanced” be removed. That a new section be added for Consultant Review stating: In the event that the Zoning Commission needs to hire a consultant to review any aspect of the Master Plan proposal, the applicant shall pay for the City’s consultant expense. President Pro Tem Bettencourt, seconded by Ald. Myles voted to further amend to remove section 3.11.5.6 Permitted Uses. That a second sentence be added: This is a non-inclusive list and may include other uses as deemed appropriate by the Zoning Commission at the time of the application submission. Amendment passed on a roll call vote of 7-0. The below Ordinance represents the amended Ordinance: 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 AN ORDINANCE AMENDING CHAPTER 3 SPECIAL DISTRICTS BY ADDING SECTION 3.11 BUSINESS MASTER PLAN DISTRICT (BMPD) TO THE NORWICH ZONING REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: 3.11 BUSINESS MASTER PLAN DISTRICT (BMPD) 3.11.1 Statement of Purpose 3.11.1.1 The City of Norwich recognizes that there exist properties located proximate to Interstate 395 and the Taftville-Occum area of the City which represent important opportunities for economic growth and community development. There may also be other areas in the City which may be identified from time to time which present such opportunities. 3.11.1.2 The City Council may establish a site specific BMPD for those properties suitable for the development of uses as permitted in a BMPD as set forth in these regulations. The BMPD is a floating zone governed by a Master Plan. The Master Plan will be subject to review and approval by the City Council, acting as the City’s zoning authority, as a zone change, subject to a public hearing and the terms and conditions of these regulations. The Master Plan requires certain fluidity in order to accommodate market changes during the complete development of the property or properties comprising the BMPD, and as such may change over time. Any substantial and material changes shall be subject to the City Council’s sole discretion and shall be subject to the same procedural and public hearing requirements as the original zone change adopting the BMPD. Any development on the zoned property will be subject to the specific BMPD requirements as set forth herein. 3.11.1.3 The BMPD is intended to encourage development of commercial parcels and permit new construction, renovation and/or adaptive re-use at these sites. The proposed uses and objectives are in conformity with and in furtherance of the goals and objectives contained in the Norwich Plan of Conservation and Development (POCD), and may include locations for advanced technology industries, research and development facilities, data centers, laboratories, or manufacturing, which will generate employment opportunities for the City. Factors to be considered by the City Council in approving a BMPD include: .1 That the location, uses and layout of the BMPD are in conformance with the general intent and the goals and objectives of the POCD. .2 That there will exist compatibility between the various uses that are proposed within the BMPD and also compatibility with neighboring land uses, taking into consideration the requirement and standards of these regulations. .3 That there will be a positive economic impact of the proposed BMPD to the City, including anticipated tax revenue, utility revenue and employment opportunities. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 3.11.2 Establishment of District 3.11.2.1 The City Council shall establish the BMPD by approving a Master Plan, which while not intended to be a substitute for detailed requirements associated with a site plan, provides sufficient information to determine whether the proposal is in conformance with Section 3.11.1. Such adoption shall constitute a zoning map amendment in accordance with Section 8.4 of these Regulations. 3.11.2.2 Additions and Alterations. Any substantial and material alterations to the Master Plan, including but not limited to changes which are beyond the authority of the Commission on the City Plan under Chapter 7 of these Regulation, must comply with the criteria established in Section 3.11.1, and must be approved by the City Council in its sole discretion. 3.11.2.3 District Expiration. Approval of the zone change under this BMPD shall be void, without any further action of the City Council and the property shall automatically return to its prior zoning designation, unless a site plan for one or more sites in the BMPD is approved within 5 years of the zone change approval (new) “, and all work in connection with the site plan is completed within the 5 year period. “ The City Council may grant one or more extensions of this period prior to expiration upon written request of the applicant, but in no event will the extensions exceed (new) “ the extension of any site plan approval to complete the required work (but excluding an extension under Section 7.5.10). It being the intension of this provision that should the site work not be completed within site plan extension, that this zone change under this BMPD be null and void and the property revert to its prior zoning designation” 5 additional years. 3.11.3 Master Plan The purpose of the submission of a Master Plan is to determine whether the proposed uses and layout conform to Section 3.11.1, 3.11.5 and the POCD. The Master Plan, once adopted for a particular property or properties (the “Site”) shall establish the dimensional characteristics of the BMPD and its uses. All elements of the Master Plan shall be prepared to provide a conceptual plan for the overall development of the BMPD. The Master Plan shall include: 3.11.3.1 Master Plan narrative demonstrating the Master Plan’s consistency with the purpose of the BMPD, and the policies, goals and objectives of the POCD. 3.11.3.2 Existing Conditions Plan, showing site conditions and structures, including wetlands, watercourses, special flood hazard areas, existing topography with 5-foot contours showing the general gradient of the site, existing roads and rights of way, easements, boundary survey and location map, which, along with other surveys and plans listed below, shall be at a scale of 1 inch = 100 feet or larger prepared by a Connecticut licensed architect, landscape architect, surveyor or engineer (collectively the “Consultants”). 3.11.3.3 A description of the existing uses of the Properties and their present location prepared by the applicant and its Consultants. 3.11.3.4 Conceptual plan indicating structures to be retained, substantially rehabilitated or demolished; general location of new structures to be built on the Properties; proposed roadways; parking areas; vehicular and pedestrian circulation; and any areas to be landscaped or dedicated to 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 public use or open space. This plan shall be prepared by one or more of the applicant’s Consultants, as applicable, and provide sufficient information to review the proposal. 3.11.3.5 A description of any proposed new uses or change in uses and their proposed location on the site by the applicant and/or its Consultants. 3.11.3.6 A preliminary traffic analysis detailing the impact of the proposed development taking into account the most intensive uses permitted in the BMPD; and including in the conceptual plan and the measures necessary to mitigate those impacts, if necessary. 3.11.4 Site Plan 3.11.4.1 After Master Plan approval and establishment of the zone by the City Council, each development site must apply for site plan approval to the Commission on the City Plan (“Commission”), following the requirements of Chapter 7 of these Regulations. The implementation of the Master Plan may be phased by the filing of multiple site plan applications. 3.11.5 Design Standards. The following design standards shall apply to the BMPD: 3.11.5.1 Area and Bulk Requirements. Existing structures located within the BMPD are deemed to be conforming in terms of any encroachments on maximum height, maximum lot coverage, etc. (i) Minimum district size: A minimum of 200 (new) ”100” acres of contiguous land in one or more parcels under common ownership or other ownership arrangement satisfactory to the City Council acting as the zoning authority in its discretion; and (ii) Road frontage along any arterial road or direct access to and from an arterial road via a public road and/or private right of way; (iii) Serviced by adequate underground public utilities or be capable of being serviced by the same or by the provision of sufficient on site facilities to be constructed. (iv) Minimum front yard: 0 (v) Minimum side yard: 0 (vi) Minimum rear yard: 0 (new) “(iv) Minimum front, side and rear yards: such yards as approved on the Master Plan” (new) “(v)” Maximum building height: such height as approved on the Master Plan. 3.11.5.2 Architectural Design. All new construction shall be designed to provide a high quality appearance consistent with contemporary standards and all selected materials shall be durable with subtle colors and uniform treatment. (new) “The Commission on the City Plan shall approve architecture during the site plan process.” 3.11.5.3 Signage. A sign plan evidencing unified signage for the BMPD, including the general position, size and appearance of signs visible from any public right of way shall be included in the Master Plan application and shall be approved by the City Council. 3.11.5.4 Parking. On-site parking areas shall be adequate for the uses proposed. The Master Plan shall establish parking (new) “which adheres to industry standards as determined acceptable to the Zoning Commission,” with parking located on site to the extent feasible, without excessive impervious coverage. Parking area design should maximize landscaping. Stormwater 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 management shall be designed to handle anticipated run-off without creating negative impacts on adjacent properties or natural resources. 3.11.5.5 Lighting. All site lighting shall be designed with full cut-off fixtures and facing in a general downward direction to shield and reduce glare. 3.11.5.6 Permitted Uses. Permitted uses shall be established by the Master Plan. .1 Professional and contractor offices .2 Research and development facilities .3 Computer software and hardware development .4 Data Centers .5 Logistic Centers .6 Laboratories no onsite patient visits permitted .7 Manufacturing .8 Power generation facilities and utilities .9 Truck Stop with associated retail sales, subject to approval of location within the BMPD .10 Other uses as permitted in the underlying zone in which the BMPD is located when specifically identified at the time of the BMPD application 3.11.5.7 Prohibited uses. The following uses are prohibited in the BMPD .1 Outdoor storage of raw or finished materials as a principal use (more than 50% of the building footprint) .2 Junk or salvage yards .3 Gasoline filling stations, except the permitted use Truck Stop .4 Vehicle sales, leasing and renting .5 Auto repair, storage, maintenance and paint shops .6 Retail sales except associated with permitted use Truck Stop (new) “.6” Residential uses (new) “.7” Landscaping and construction laydown area (new) “.8” Self-Storage facilities 3.11.5.8 Buffers. The purpose of buffer areas is to provide privacy from noise, light glare and visual intrusion to residential dwellings in all locations where uses within the BMPD abut a residential district exterior to the BMPD. The city council will carefully analyze any buffers between the BMPD and surrounding residential neighborhoods and may tailor standard buffers to include enhanced (new)”,” landscaping, fences, walls and earthen landscaped berms, with due consideration for the relative heights of the uses on each side of the buffer. .1 Standard Buffers. Unless otherwise approved in the Master Plan, buffers for uses within the BMPD shall be established and maintained as 25 feet with 10 feet of screening from the adjoining residential zone and/or any additional buffer requirements as determined by the City Council. .2 Buffers may only be reduced from those established under Section 3.11.5.8.1 in the event such reduction is compatible with the objectives of Section 3.11.1. When reduction of buffers under Section 3.11.5.8.1 is allowed, the City Council shall require buffers meeting the standards of Section 13.11.5.8. The City Council, in the exercise of its 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 discretion may require buffers of such size, type and material as it deems reasonably necessary to protect adjacent properties or important natural resources. .3 The following accessory uses may be allowed within buffer areas, provided they are adequately screened from residential properties: access roads, pedestrian sidewalks, utilities, mailboxes and approved signs. (new) “3.11.6 Consultant Review: In the event that the Zoning Commission needs to hire a consultant to review any aspect of the Master Plan proposal, the applicant shall pay for the City’s consultant expense.” On a roll call vote of 7-0 it was voted to postpone the above amended ordinance until April 19, 2021 at 7:30 pm. Upon a motion of Ald. Gould, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to accept the above Petition and Communication #1 from the Connecticut Department of Energy and Environmental Protection. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to accept the above Petition and Communication #2 from the Southeastern Council of Government. Upon a motion of Ald. Myles, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to accept the above Petition and Communication #3 from the Commission on the City Plan. Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to accept the above Petition and Communication #4 from the Town of Lisbon. Upon a motion of Ald. Wilson, seconded by Ald. Gould, on a roll call vote it was unanimously voted to accept the above Petition and Communication #5 letter of resignation of Judith Post from the Youth Advisory Board. 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion of Ald. Myles, seconded by Ald. DeLucia, on a roll call vote it was unanimously voted to accept the above Petition and Communication #6 from the Public Safety Committee. 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 City Manager Salomone report: City Manager proposed budget 2021‐2022 Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Nash, on a roll call vote it was unanimously voted to put the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould on the floor. Upon a motion of Ald. DeLucia, seconded by Ald. Nash, on a roll call vote it was unanimously voted to amend the following resolution to replace with a new paragraph #5 “NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone, together with other city officials and employees whose services he may wish to utilize, including but not limited to Police Chief Patrick Daley, as well as the assistance of the Public Safety Committee, be and hereby is directed to prepare preliminary estimates of the potential cost of equipment and software improvements suitable for upgrades to the dispatch system (with the goal of a November referendum) and to and to report the same to the Council via monthly updates as part of the City Manager’s report and a final report on or before the Council’s second meeting in July 19, 2021.” WHEREAS, the Council of the City of Norwich has received an Analysis of the Fire/EMS Services and had the opportunity to present questions regarding the same to members of the McGrath Consulting Group, Inc., which prepared the analysis, at the council meeting held February 16, 2021; and WHEREAS, the report addresses upgrades recommended for the dispatch system presently utilized by the police department, fire departments and EMS services of the City of Norwich; and WHEREAS, the Council recognizes that any changes and upgrades to the dispatch system will involve multiple departments, and require consideration and resolution of issues with respect to equipment, software, staffing, training, and bandwidth, among others; and WHEREAS, the Council recognizes that any information obtained at this point in the process will be preliminary, but desires to obtain a working estimate with respect to the potential cost of upgrading equipment and software available to be used in upgrades of the dispatch system. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone, together with other city officials and employees whose services he may wish to utilize, including but not limited to Police Chief Patrick Daley, as well as the assistance of the Public Safety Committee, be and hereby is directed to prepare preliminary estimates of the potential cost of equipment and software improvements suitable for upgrades to the dispatch system (with the goal of a November referendum) and to and to report the same to the Council via monthly updates as part of the City Manager’s report and a final report on or before the Council’s second meeting in July 19, 2021. Motion passes on a roll call vote of 7-0 Upon a motion of Ald. Myles, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 WHEREAS, the City of Norwich acquired the property located at 23‐25 Lake Street, Map 93, Block 6, Lot 13 by a Tax Collector’s Deed recorded June 30, 2014 at volume 2863 page 69 of the Norwich Land Records; and WHEREAS, said property contains approximately .05 acres; and WHEREAS, the property abuts the Lake Street Playground; and WHEREAS, the Norwich Recreation Department has requested the city consider adding the property at 23‐ 25 Lake Street to the Lake Street Playground; and WHEREAS, the Public Works Committee of the Council supports the request of the Recreation Department that the property be added to the Lake Street Playground. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that this resolution be referred to the Commission on the City Plan for its input and recommendation and upon receipt of the same, if the recommendation is favorable, the property located at 23‐25 Lake Street be merged with the Lake Street Playground property and adequately secured for playground use; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby is authorized and directed to execute such a deed on behalf of the City of Norwich and to arrange, with the assistance of such city employees as he may wish, to provide adequate protections to the property for such use. Upon a motion President Pro Tem Bettencourt, seconded by Ald. Gould, on a roll call vote it was unanimously voted to suspend the rules. Upon a motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote it was unanimously voted to add the following resolution #6 introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. RESOLUTION REALLOCATING AMOUNTS AMONG DOWNTOWN REVITALIZATION PROGRAM PURPOSES Section 1. The City Council hereby finds and determines, based upon the utilization of Program assets, that the purposes of the Downtown Revitalization Program, including to advance economic development, the remediation of blight, the retention and development of commercial and business activity, providing employment opportunities, the improvement of living conditions, all within the Downtown Revitalization Area, will best be served upon reallocation of Program assets as follows: 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Program Original Amended Amount Amount April 2021 Amended Amount Following 5/6/2013 Remaining Reallocation Allocation Reallocation Amount Code Correction $1,840,000 1,840,000 $244,000 ($30,000) $1,810,000 Assistance Program Commercial 500,000 1,000,000 4,000 30,000 1,030,000 Rental Subsidy Program Targeted 1,040,000 540,000 0 0 540,000 Properties Revolving Loan Fund Total $3,380,000 $3,380,000 $248,000 $0 $3,380,000 Section 2. It is hereby found and determined that as a result of the foregoing reallocation, and all prior reallocations, the amount allocated, expended or encumbered for each individual Revitalization Program purpose is not less than 30% of the Original Amount as adopted by referendum held on November 2, 2010, at which the $3,380,000 City of Norwich Downtown Revitalization Initiative Bond Ordinance was approved. Section 3. NOW THEREFORE, BE IT HEREBY RESOLVED that the allocation for each individual Revitalization Program shall be as set forth in the column entitled “Amended Reallocation Amount” in Section 1 of this Resolution. Mayor Nystrom called for citizen comment on resolutions. Joanne Philbrick, 10 Elm Ave, spoke on Resolution #4 and asked what happened to the roundabout project and doesn’t understand why we never resolve one issue before moving on to another. She also asked for an explanation on the urgency regarding Resolution #6 on adding this to the agenda at the last minute. Marvin Serruto, 100 Starr St, thank the Council for the Proclamations and spoke in favor of Resolution #5 and stated he would like to have seen Resolution #6 be more posted earlier. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. RESOLVED, that the first public hearing on the proposed budget for Fiscal Year 2021-22 will be held on Thursday, April 15, 2021, 7:30 PM in the Council Chambers of City Hall. 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 BE IT FURTHER RESOLVED, that the second public hearing on the proposed budget for Fiscal Year 2021-22 will be held on Monday, May 10, 2021 at 7:30 PM in the Council Chambers of City Hall. Upon a motion of Ald. Wilson, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, Chelsea Groton Savings Bank has offered to donate surplus office furniture valued at over $1,500.00 to the City of Norwich; and, WHEREAS, these items, which include desks, credenzas, tables and chairs, may be used in the operations of the City Clerk’s Office as well as other departments. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the offered donation of surplus inventory items by Chelsea Groton Savings Bank, be graciously accepted. Upon a motion of Ald. Myles, seconded by Ald. Gould, on a roll call vote it was unanimously voted to put the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould on the floor. Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to amend the following resolution to add in paragraph #3 “$45,000” and in paragraph #4 “$45,000 to Mahakashyapa Capital Group LLC, 511 West 152nd St #2, New York, NY”. WHEREAS, the City of Norwich, is utilizing the services of Signature Properties as a realtor, which has listed the property at 33 East Cliff Street and received an offer to purchase. WHEREAS, the Council has resolved that upon receipt of a Purchase and Sales Agreement containing an offer to purchase on such terms and conditions as are satisfactory to the City Manager, he was to notify the Council of the proposed Purchase and Sales Agreement for its consideration and possible approval; and WHEREAS, City Manager John Salomone has received a Purchase and Sales Agreement from Signature Properties containing an offer to purchase 33 East Cliff Street, the offer being the sum of $45,000 with property to be conveyed in “as is” condition. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby is authorized and directed to enter into a Purchase and Sales Agreement on behalf of the City of Norwich to sell said property at a price of $45,000 to Mahakashyapa Capital Group, LLC, 511 West 152nd St. #2 New York, NY pursuant to the terms of said Purchase and Sales Agreement and, upon timely tender of the purchase price subject to standard adjustments, to execute and deliver a deed of conveyance to Mahakashyapa Capital Group, LLC, 511 West 152nd St. #2 New York, NY or his designee for the property known as 33 East Cliff Street, and to execute, deliver, and receive such other documents as are necessary to complete the transfer of title in keeping with the terms and conditions of the Purchase and Sales Agreement. On a roll call vote motion passes on a 7-0 vote 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, the State of Connecticut Department of Transportation is acquiring properties for the project known as the Replacement of Bridges 03797 & 04047 Sherman Street over Yantic River and seeks to acquire certain parcels from the City of Norwich located at 435 Asylum Street and 110 Sherman Street for a total compensation of $1,600; and WHEREAS, the calculation of this value is described in a letter from James I. Mason, Transportation Principal Property Agent for the Connecticut Department of Transportation, dated March 16, 2021, a copy of which is attached to this resolution as Exhibit A and the parcels to be acquired further described in the Acceptance Agreement, a copy of which is attached hereto as Exhibit B; and WHEREAS, the Council finds that the payment of $1,600 represents a fair value for the parcels being conveyed considering their size, location, and their use to the city or third parties NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH that City Manager, John Salomone be and hereby is authorized and directed to sign the required number of copies of the Acceptance Agreement in a form substantially similar to that attached hereto as Exhibit B, together with such other documents, forms, or correspondences that may be necessary to transfer title to the State of Connecticut within a reasonable time. 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 WHEREAS, St. Vincent de Paul Place, Norwich, Inc. owns property located at 8 Clairmont Street Extension which it utilizes to provide assistance and services through its soup kitchen and other activities; and WHEREAS, said building is bounded on its northeasterly side by Clairmont Avenue Extension; and WHEREAS, St. Vincent de Paul Place, Norwich Inc. proposes to install an HVAC system and a condenser for the building which due to its weight and size will need to be located along the northeasterly wall of the structure and has requested the city grant it an easement to run the length of the northeast wall of the existing building and be approximately 12’ in width thereby within the right‐of‐way of Clairmont Street Extension, the easement to include the right to construct a concrete pad in accordance with city requirements and to allow it to place and maintain its HVAC system and a condenser for its walk‐in cooler/freezer on said concrete pad as more particularly set out in the proposed Grant of Easement and Right of Way attached as Exhibit A; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to support the efforts of St. Vincent de Paul Place, Norwich, Inc. as requested NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the requested easement be established and City Manager, John Salomone, be and hereby is authorized and directed to execute a Grant of Easement and Right of Way substantially in the form as Exhibit A attached hereto together with such other documents as may be necessary to allow the same to be recorded and to deliver the same to an authorized representative of St. Vincent de Paul Place, Norwich, Inc. 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 28 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 29 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. Section 1. The City Council hereby finds and determines, based upon the utilization of Program assets, that the purposes of the Downtown Revitalization Program, including to advance economic development, the remediation of blight, the retention and development of commercial and business activity, providing employment opportunities, the improvement of living conditions, all within the Downtown Revitalization Area, will best be served upon reallocation of Program assets as follows: Program Original Amended Amount Amount April 2021 Amended Amount Following 5/6/2013 Remaining Reallocation Allocation Reallocation Amount Code $1,840,000 1,840,000 $244,000 ($30,000) $1,810,000 Correction Assistance Program Commercial 500,000 1,000,000 4,000 30,000 1,030,000 Rental Subsidy Program Targeted 1,040,000 540,000 0 0 540,000 Properties Revolving Loan Fund Total $3,380,000 $3,380,000 $248,000 $0 $3,380,000 Section 2. It is hereby found and determined that as a result of the foregoing reallocation, and all prior reallocations, the amount allocated, expended or encumbered for each individual Revitalization Program purpose is not less than 30% of the Original Amount as adopted by referendum held on November 2, 2010, at which the $3,380,000 City of Norwich Downtown Revitalization Initiative Bond Ordinance was approved. Section 3. NOW THEREFORE, BE IT HEREBY RESOLVED that the allocation for each individual Revitalization Program shall be as set forth in the column entitled “Amended Reallocation Amount” in Section 1 of this Resolution. Upon a motion of Ald. Wilson, seconded by Ald. Nash, on a roll call vote it was unanimously voted to set the public hearings as stated in Resolution #1 on the following ordinance introduced by City Manager. 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 AN ORDINANCE RELATIVE TO THE APPROPRIATIONS FOR THE CITY OF NORWICH AND THE CITY AND TOWN CONSOLIDATION DISTRICTS OF SAID CITY FOR FISCAL YEAR 2021- 22. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, the following appropriations hereby are made to meet the expense of the City of Norwich and the City and Town Consolidation Districts of the City of Norwich for the fiscal year beginning July 1, 2021 and ending June 30, 2022 to wit: 2019-20 2020-21 2021-22 Budget Budget Proposed City Council 389,384 437,340 508,447 City Manager 380,781 396,796 589,972 Finance 1,722,343 1,691,804 1,800,593 Assessor 462,880 474,396 535,110 City Treasurer 275,341 278,050 295,803 Law 431,000 454,000 439,000 Human Resources 544,136 548,745 635,926 City Clerk 508,943 518,172 548,681 Planning & Neighborhood Services 1,056,325 1,042,594 1,184,659 Election 127,450 164,183 160,652 Police 17,031,379 17,294,300 18,656,137 Fire - Central 2,120,770 2,190,032 2,271,544 Emergency Management 82,637 76,331 72,148 Fire - East Great Plain 145,552 149,216 154,996 Fire - Laurel Hill 78,360 78,445 81,221 Fire - Occum 81,393 88,060 92,300 Fire - Taftville 165,713 164,584 173,968 Fire - Yantic 165,341 162,904 160,383 Public Works 10,687,164 10,857,197 11,222,649 Human Services 2,156,044 2,044,053 2,216,356 Education 81,789,000 84,240,102 86,346,105 Debt Service 4,383,985 4,097,319 3,907,535 Miscellaneous 5,143,032 5,409,119 6,632,107 City Consolidation District 8,011,975 7,782,705 8,157,074 Town Consolidation District 481,312 448,631 505,129 TOTALS 138,422,240 141,089,078 147,348,495 General Operations 41,234,300 41,876,961 44,801,750 Debt Service 4,383,985 4,097,319 3,907,535 Capital Improvements 2,521,668 2,643,360 3,630,902 Education 81,789,000 84,240,102 86,346,105 City Consolidation District 8,011,975 7,782,705 8,157,074 Town Consolidation District 481,312 448,631 505,129 TOTALS 138,422,240 141,089,078 147,348,495 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion of Ald. Myles, seconded by Ald. Gould, on a roll call vote it was unanimously voted to set the public hearings as stated in Resolution #2 on the following ordinance introduced by City Manager. AN ORDINANCE CONCERNING THE TAX LEVIES ON THE LIST OF OCTOBER 1, 2020 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. On the City Assessment list of October 1, 2020 a tax of forty-two and seventy-two hundredths (42.72) mills on the dollar is hereby established to be levied upon the ratable Real Estate, Personal Property, and Motor Vehicles within the City of Norwich of the inhabitants of said City and all others liable to pay taxes therein. Section 2. On the City Assessment list of October 1, 2020, a tax of thirty-seven hundredths (0.37) mills on the dollar, is hereby established to be levied for fire services upon the ratable Real Estate, Personal Property, and Motor Vehicles within the Town Consolidation District of the inhabitants of said District and of all others liable to pay taxes therein. Section 3. On the City Assessment list of October 1, 2020, a tax of six and seventy-three hundredths (6.73) mills on the dollar, is hereby established to be levied for fire services upon the ratable Real Estate and Personal Property within the City Consolidation District of the inhabitants of said District and of all others liable to pay taxes therein. Section 4. On the City Assessment list of October 1, 2020, a tax of two and twenty-eight hundredths (2.28) mills on the dollar, is hereby established to be levied for fire services upon the ratable Motor Vehicles within the City Consolidation District of the inhabitants of said District and of all others liable to pay taxes therein. Section 5. Except as provided in Section 6, all taxes on Real Estate and Personal Property listed in Sections 1 through 4 shall become due on July 1, 2021, and payable on said date in whole or in equal installments from that date, namely on July 1, 2021 and January 1, 2022, except that any tax of less than one hundred dollars shall be due and payable on July 1, 2021. If the first installment is not paid on or before August 1, 2021 or if the second installment is not paid on or before February 1, 2022, interest will be charged on any such delinquent payment at the rate of one and one-half (1½%) per cent per month from the due date or $2.00 whichever is greater, as provided for in the general statutes. Any person may pay the total amount of such tax for which he is liable at the time when the first installment shall be payable. Section 6. Taxes on Motor Vehicles shall become due and payable in full on July 1, 2021. If the payment is not paid on or before August 1, 2021 interest will be charged on the delinquent payment at the rate of one and one-half (1½%) per cent per month from due date or $2.00 whichever is greater, as provided for in the general statutes. 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion of Ald. Nash, seconded by Ald. Gould, it was unanimously voted to waive the full reading and set a public hearing on April 19, 2021 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem Bettencourt, Ald. Gould. AN ORDINANCE AMENDING ORDINANCE #1714 ADOPTED FEBRUARY 17, 2015 AND SUBSEQUENTLY AMENDED BY ORDINANCE #1785 ADOPTED MAY 18,2020 PERTAINING TO THE ADAPTIVE REUSE AND REHABILITATION OF THE HISTORIC PONEMAH MILLS TO CLARIFY THAT MILL BUILDING #1 WAS DEVELOPED IN THREE (3) PHASES AND THE TAX ABATEMENT RELATED TO THE REAL PROPERTY IMPROVEMENTS WHEREAS, The Council of the City of Norwich enacted Ordinance #1714 (the “Ordinance”) to encourage development of Historic Ponemah Mill Building #1, located at 607 Norwich Avenue in Taftville (the “Mill”).; and WHEREAS, the purpose of the Ordinance was to abate real estate taxes for historic mill structures in accordance with the authority granted under Section 12-127a of the Connecticut General Statutes and Section 7-121.5 of the Norwich Code of Ordinances; and WHEREAS, the Ordinance #1714 was third in a series of ordinances enacted by the Council of the City of Norwich abating the taxes as to Ponemah Mill Building #1, the Council having previously enacted Ordinance #1576 adopted October 15, 2007, Ordinance #1670 adopted August 6, 2012, and Ordinance #1785 adopted May 18, 2020; and WHEREAS, Ordinance # 1714 provided that the real estate taxes on the real property improvements be abated for a period of 15 years during the Construction Period, and further that the real estate taxes on the real property improvements be abated for a period of 15 years in accordance with a schedule as set forth in the ordinance commencing with the Grand List of October 1, 2020 or upon the issuance of the first CO for the property, whichever occurs first; and WHEREAS, the Construction Period was extended pursuant to Ordinance 1785 to December 31, 2021; and WHEREAS, the City of Norwich conducted a city-wide revaluation effective with the Grand List of October 1, 2018, which adjusted the values of real estate in the City of Norwich, including Ponemah Mill Building #1; and WHEREAS, Historic Mill Building #1 was not defined in the Ordinance, causing confusion in determination of the date of the first Certificate of Occupancy and the termination of the Construction Period (“Termination Date”) for the purposes of interpreting the period of abatement under the Ordinance; and WHEREAS, Historic Mill Building #1 is actually comprised six (6) separate and definable structures, which have been assigned the following addresses: 601,603, 605, 607, 609 and 611 Norwich Avenue; and WHEREAS, a review of the background of the development of the Historic Ponemah Mill Building #1 by Ponemah Riverbank, information provided to Office of Planning and Development, the phases of development by Ponemah Riverbank, the assignment of building addresses as aforesaid; all serve to clarify the definition of Mill Building #1 and to define the date of issuance of the first Certificate of Occupancy and Termination Date; and 33 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 WHEREAS, a question has also arisen as to whether the language of Ordinance #1714 froze the valuation of the real estate as of the list year in which Ordinance #1714 was enacted, i.e., the grand list of October 1, 2014, and WHEREAS, the Assessor of the City of Norwich, in the ordinary course of performing the duties of the Assessor, adjusted the valuation of Ponemah Mill Building #1 as a result of the city wide 2018 revaluation, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that the Ordinance by clarified as follows: 1. Mill Building #1 is comprised of the following six buildings by address and which are under development in the following phases: Phase I – Unit A South – 605 and 607 Norwich Avenue Phase II – Unit A North – 611 Norwich Avenue Phase III - 601, 603 and 609 Norwich Avenue 2. The date of the First Certificate of Occupancy shall be deemed to mean the date of the first certificate of occupancy for each Phase. 3. The term “Construction Period” shall mean the date of the period commencing with the first building permit for each Phase and the date of the issuance of the Certificate of Occupancy for the phase. 4. That the period of abatement of real estate taxes on the Real Property Improvements for Phase I commenced on November 1, 2017, and shall continue for a period of fifteen (15) years based upon the schedule set forth in Ordinance #1714. 5. That the period of abatement of the real estate taxes on the Real Property Improvements for Phase II commenced on October 1, 2019, and shall continue for a period of fifteen (15) years based upon the schedule set forth in Ordinance #1714. 6. That the period of abatement of the real estate taxes on the Real Property Improvements for Phase III will commence upon the issuance of the certificate of occupancy or December 31, 2021, whichever first occurs and shall continue for a period of fifteen (15) years based upon the schedule set forth in Ordinance #1714, as amended by Ordinance 1785. 7. That all of the other terms and conditions of Ordinance #1714, as the same may have been previously amended shall remain in effect and are extended pursuant to this Ordinance. Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Myles, it was unanimously voted to waive the full reading, send a referral to the Commission on the City Plan, set a public hearing on May 3, 2021 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem Bettencourt, Ald. Gould. AN ORDINANCE PROVIDING FOR THE ABATEMENT OF REAL ESTATE TAXES ON REAL PROPERTY IMPROVEMENTS AND THE WAIVER OF BUILDING PERMIT FEES FOR THE HISTORIC REDEVELOPMENT AND/OR REUSE OF THE PONEMAH MILL BUILDING # 2 , A L S O K N O W N AS 555 & 575 NORWICH AVENUE WHEREAS, The Council of the City of Norwich seeks to encourage development opportunities that will contribute to the economic stability of the city, encourage tourism and improve the quality of life for the residents of Norwich through the adaptive reuse, rehabilitation, and preservation of the historic and architecturally unique resources, including historic industrial mills, that reflect Norwich's rich history; and 34 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 WHEREAS, the Ponemah Mills are contributing structures to the Taftville National Register Historic District and are designated as a historic mill site in the "Feasibility and Planning Study: The Historic Mills of Norwich, Connecticut" published by the city of Norwich in 1992, and WHEREAS, the Council of the City of Norwich wishes to encourage the adaptive reuse and rehabilitation of the Historic Ponemah Mill Building #2 known as 555 & 575 Norwich Avenue in Taftville, and sometimes referred to as the South Mill (the “South Mill” which is comprised of two (2) separate structures, and an economically viable project; and WHEREAS, 555 South Mill LLC and 575 South Mill LLC (555/575 South Mill LLC) are engaged in the development of the South Mill in phases, and anticipates completion of the renovations and rehabilitation in a period not to exceed three (3) years from the from the date of commencement of construction of each Phase as defined herein; and WHEREAS, 555/575 South Mill LLC intends to develop Building #2 in the following Phases: 555 Norwich Avenue (Phase 4) 575 Norwich Avenue (Phase 5) and WHEREAS, 555/575 South Mill LLC has obtained the necessary local land use approvals for the mixed-use redevelopment and conversion of the South Mill for historically appropriate use; and WHEREAS, 555/575 South Mill LLC has undertaken substantial environmental cleanup of the South Mill and intends to utilize Federal Historic Rehabilitation Tax Credits which require the South Mill to remain income producing for a minimum of five years; and WHEREAS, the Council of the City of Norwich finds that the South Mill is historically and architecturally meritorious and it has authority pursuant to Section 12-127a of the Connecticut General Statutes and Sec. 7-121.5 of the Norwich Code of Ordinances to abate real estate tax revenue in whole or in part for such historic mill structures; and WHEREAS, the Norwich Commission on the City Plan has determined that the continued development of the Ponemah Mills complex, by extending development to the South Mill and the associated abatement of real estate taxes as set forth herein in the is consistent with the City's mill enhancement program; and WHEREAS, the Council of the City of Norwich also has authority pursuant to Section 4-7 of the Norwich Code of Ordinances to reduce or waive building permit fees in cases involving industrial buildings such as the South Mill where it determines that such buildings or structures will be a benefit to the city; and WHEREAS, 555/575 South Mill LLC has paid and is anticipated to continue to pay the real estate taxes which have been assessed against the South Mill to date and seeks an abatement of the taxes to become due for the improvements made to the South Mill during and after renovations as set forth herein to assist it in obtaining financing for the project NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on the real property improvements associated with the historic redevelopment and adaptive reuse of the South Mill shall be abated for a period of 15 years 35 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 from the date of the Certificate of Occupancy for Phases 4 and 5, and following the period of construction of each Phase (each being a "Construction Period"). Each Construction Period shall commence at the time of the issuance of the first building permit for new construction after the date of approval of this ordinance but no later than July 1, ______ for either phase 4 or phase 5; whichever phase commences first, and July 1 ____ for the commencement of the remaining phase. Each Construction Period shall terminate no later than three (3) years from the date of issuance of the first Certificate of Occupancy ("CO") for each Phase, whichever occurs first. AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on real property improvements associated with the historic redevelopment and adaptive reuse of the South Mill shall be abated for a period of 15 years in accordance with the following schedule commencing with the Grand List of October 1, 2020 or upon the issuance of the first CO for the property, whichever occurs first. Year Abatement Percentage on Taxation Percentage on Rea l Property Improvements Real Property Assessment 1 75% 100% 2 75% 100% 3 75% 100% 4 75% 100% 5 75% 100% 6 50% 100% 7 50% 100% 8 50% 100% 9 50% 100% 10 50% 100% 11 25% 100% 12 25% 100% 13 25% 100% 14 25% 100% 15 25% 100% BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that pursuant to Sec. 7-121.5 of the Norwich Code of Ordinances, if after taxes on the South Mill have been abated, the South Mill (555 Norwich Avenue and/or 575 Norwich Avenue) is/are demolished or remodeled in a way which destroys its architectural or historic value, the then owner shall pay the city an amount equal to the total amount of taxes which had been abated under this ordinance. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that all building permit fees associated with the historic redevelopment and adaptive reuse of the South Mill shall be waived with the exception of any costs related to state fees and necessary third-party review of construction documents. 36 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 5, 2021 Upon a motion by Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted that the members of the Norwich City Council go into Executive Session pursuant to Connecticut General Statute Section 1- 200(6), for the purpose of discussing strategies and negotiations with respect to collective bargaining. The following shall be asked to participate during all or portions of the Executive Session at the request of the City Council: City Manager John Salomone, Director of Human Resources Brigid Marks, Fire Chief Tracy Montoya, Finance Director Josh Pothier, Director of Planning, Deanna Rhodes and Corporation Counsel Michael Driscoll. I hereby further move, pursuant to Connecticut General Statute Section 1- 200(6), that the members of the Norwich City Council continue in Executive Session for the purpose of discussing the acquisition or disposition of real estate or interests in real estate, when publicity regarding the site, and the acquisition or disposition of interests in the same would adversely impact the price of the same; to review preliminary drafts of proposals pertaining to use of the properties, the Council having determined that the public interest in withholding such clearly outweighs the public interest in disclosure at this time, and to review commercial or financial information given in confidence not required by statute. City Manager John Salomone, Finance Director Josh Pothier, and Corporation Counsel Michael Driscoll shall be asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 9:50 pm to 11:06 pm, at which time Mayor Nystrom, stated no votes were taken. Ald. Nash left at 11:00 pm. Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Myles, on a roll call vote it was unanimously voted to return to regular session. Upon motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adjourn at 11:07 P.M. City Clerk 37