City Council

CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, DECEMBER 5, 2000 CITY COUNCIL ROOM 6:40 P.M. PRESENT : Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Michael Lenz, Commissioner, Finance Thomas McTygue, Commissioner, Public Works ABSENT : Bernard Mirling, Commissioner, Accounts ALSO PRESENT: Phillip Klein, Board of Supervisors Representative Anthony Scirocco, Board of Supervisors Representative STAFF PRESENT: Christine Gillmett-Brown, Deputy Commissioner, Finance Carol Kennedy, Deputy Commissioner, Accounts Robert King, Deputy Commissioner, Public Safety William McTygue, Deputy Commissioner, Public Works Jeffrey Wait, City Attorney PUBLIC HEARING Local Law Enforcement Block Grant Commissioner Thomas Curley said this is an annual grant that the City receives. He said the committee reviewing this grant has recommended that the $56,000 be used for the purchase of equipment. Mayor Kenneth Klotz opened the public hearing. There being no one wishing to speak, Mayor Kenneth Klotz closed the public hearing. Rezoning -- ANW, Inc. Mayor Kenneth Klotz said this was a public hearing on a petition from ANW Holding, Inc. to rezone approximately three acres at the intersection of Greenfield Avenue and Granite Street. He said this proposal is to change the zoning designation from Urban Residential-1 (single family homes on 12,500 square foot lots) to Urban Residential-3 (single family homes on 6,600 square foot lots). He said the Planning Board has issued a favorable advisory opinion on the proposed rezoning. John Witt said he is under contract to purchase 3.4 acres located along Greenfield Avenue. He said his original proposal consisted of 5 lots, however, because of the cost of the required drainage, he is now proposing 11 lots. Dave Carr, The LA Group, said they are proposing lots along Greenfield Avenue and Granite Street of 6,600 square feet. He said there will be no new curb cuts along Greenfield Avenue or Granite Street. Page 1 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 She said the smaller lots will show as carriage houses to the larger lots. He said this proposal is a simple extension of the UR-3 district. Dave Carr said the Planning Board was concerned about the drainage in this area, therefore, the applicant met with DPW staff and have done test holes. He said based on those tests and DPW recommendations the applicant is proposing to install a 1,600 foot line down to North Broadway. He said they also propose an 8-inch water line to connect to the 6 inch and 4 inch lines which will create a loop. He said they are proposing a gravity sewer line. He then showed a artist sketch of the proposed homes. Mayor Kenneth Klotz asked if a public hearing had been held at the Planning Board on this project. Geoff Bornemann said there was no formal public hearing, but there was a public comment period. He said if the Council approves the rezoning this evening, this project will return to the Planning Board for a public hearing. Geoff Bornemann also informed Council members that Planning Board staff visited and walked this site. He said there were a number of neighbors who attend that site visit expressing their concerns. Mayor Kenneth Klotz opened the public hearing. Gus D’Amato, 230 Clinton Street, said he had no problem with this application, however, he was concerned about additional traffic and blasting. He said he would like to have a representative walk through his home before and after blasting to verify that there are no water leaks and/or cracks. He said he was quite concerned that blasting could create damage to his home; and he wanted assurance that if there were any problems after blasting, the applicant’s insurance company would pay for that damage. Dave Carr said since Gus D’Amato is an adjacent neighbor of this parcel, his home would be included in the survey. Kathleen Cleary 127 VanDam Street, said she was somewhat familiar with the project and she confident that the applicant would be sensitive to the neighborhood. She said the applicant came to the North Side Neighborhood Association meeting and made a detailed presentation. Pell Kennedy, Greenfield Avenue, said she has seen lots of John Witt’s work around town and she was confident that this proposal would be beneficial to the neighborhood. John Ingman, 46 Granite Street, said this project is a mixed blessing. He said they will get improved drainage and property values would likely rise, but was concerned about the loss of trees. He said she would also like to see the pre-blast survey area extended to a more than normal size. He noted that this proposal is projected to take between three and five years for completion. He asked that zoning regulations be followed carefully. Rebecca Rice, 46 Granite Street, said she too was concerned about the trees and had spoken to the applicant on that concern. She said she was also concerned about the scale of the homes and the character of the neighborhood. She said the applicant is proposing to building 3,000 square foot homes in an area where the one of the largest existing homes is 1,410 square feet. She said she was concerned about lot coverage. She said the smaller homes in this area are at about 800 square feet. She said these are tiny lots in this area of the City. She said she was also concerned about blasting over a three to five Page 2 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 year period. She said she would rather see five homes than what is proposed. Joseph Levy, 36 Vermont Street, said he owns property in this area. He said his concern was for the narrow alley. He suggested that some consideration be given to widening Park Ally. He too said he would rather see five lots that what is proposed. Martha Crownin said this proposal impacts this area tremendously. She said this same type of proposal was done in Long Island and it does not suit this area. She said she does not want town homes located in this area. She said town homes do not suit this area of the City. She said there are too many negatives to this proposal and wondered if it was proposed for the east side of the City would the Council be considering it. Dave Carr said the issue of the narrowness of Park Alley was discussed at the Planning Board meeting and was addressed by Public Safety. She said the applicant plans to double the width of the alley by using their property. He said when this project returns to the Planning Board, DPS and DPW will address the alley issue. Dave Carr said whether there are five lots or eleven, there would be blasting. He said the time for build out on this project is not because of the amount of homes. He said if it was the applicant’s choice, they would prefer to go with their original proposal. He said, though, that they were not given the option of staying with the original proposal. He said the City has told them that if they did not address the drainage issue, the project would not go forward. John Witt said the narrowest lot in this proposal is 60 feet, while many of the existing surrounding parcels are less. He said the homes to be constructed nearest to the existing homes will be similar in size and scale. John Mair, 226 Clinton street, said he was concerned about the tree buffer. He said John Witt is proposing between 15 and 40 feet of buffer but he thought it should be more. He said he thought this proposal would be a good addition to the neighborhood. Emma Hanson, Fourth Street, said there are some rather large mansions on Clinton Street and this project would serve as a good bridge between the larger and the smaller homes. She said John Witt does a good job on his projects and she was confident this project would fit into this neighborhood. Lisa Nagle, 48 Granite Street, said she has mixed feelings about this project. She said she liked it when it was less lots but also understood there is mixed zoning in this area. She said she was glad the alley would be widened and would carry all the way through. She said she was somewhat concerned about parking and traffic but would address those concerns with the Planning Board. She said, though, that she was glad to see some infill. Mayor Kenneth Klotz read a letter from Gordon & Sharon Boyd, 99 State Street, in which they stated that they supported this project. There being no one else wishing to speak, Mayor Kenneth Klotz closed the public hearing. ACCOUNTS DEPARTMENT Page 3 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 Vote B ANW, Inc. Rezoning (00-237) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded for the issuance of a negative SEQR determination and for the adoption of the zoning map amendment to rezone approximately three acres at the intersection of Greenfield Avenue and Granite Street from UR-1 to UR-3. Commissioner Thomas Curley reminded everyone that there would be ample opportunity at the Planning Board for neighbors to discuss their concerns. Mayor Kenneth Klotz said this is a good process when neighbors are involved in project. He said he understood the mixed feelings though. He said the Council needs to listen to the neighbors, but they must base their decision on what is good for the City and compatible with the neighborhood. He said he did not believe this was an east vs. west side issue as one neighbor suggested. He said there has been a lot of developer and high density projects on the east side over recent years. Commissioner Michael Lenz said he was glad to see development in the inner core of the City. He said this particular developer considers the neighborhood when developing a project and he was confident that it would blend into the neighborhood. He also noted that this project would very likely help with the drainage issues in this neighborhood. Commissioner Thomas McTygue said eventually these projects end up in his department. He said there are many developers in this City and this one is a good one. He said this developer will accommodate the City’s needs and will do the job right. He said there is a small number of contractors that the City has had some problems with by them trying to take shortcuts. He said Kirby Road was a good example. He said at the time that project was developed there were no subdivision rules or regulations. He said it cost the City $300,000 to install the necessary drainage in this area. He said Skidmore is an example of a project that worked with the City on what is good the City and the neighborhood. He said he would continue to be strong with the developers on behalf of the City. Mayor Kenneth Klotz asked if the advisory opinion from the Planning Board was unanimous. Geoff Bornemann said yes. He said the Planning Board noted that most of the issues could be dealt with during the subdivision process. Ayes all. CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:10 p.m. MAYOR=S OFFICE Proclamations B Saratoga Springs High School Cross Country Teams Mayor Kenneth Klotz read two proclamations noting the Saratoga Springs High School Cross County Team Page 4 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 accomplishments over this past year and congratulating them on their successes. Linda Kranick, teacher and coach, said this recognition by Saratoga Springs was very special to these students because it is from their own community. She said these students are very good ambassadors and they are known nationwide. She said in part, this community is known because of these athletes. She introduced the members of the teams and thanked the City for this recognition. Discussion -- 2001 Budget Mayor Kenneth Klotz said the Council adopted the 2001 budget at the last meeting and he simply wanted to reiterate a few points. He said it was a good budget in part because of citizen participation in the budget process. He said there were extensive discussion by Council members on this budget. He said this is the first time in a decade that there has been a zero percent tax rate. He said this is a budget of which the City should be proud. Approve Sales Tax Consultant Mayor Kenneth Klotz said $25,000 had been budgeted to use for a sales tax consultant. He said he had distributed the information he had received from firms. He said he only very recently received a final proposal from KPMG. He said he would like to propose that KPMG be hired as the City’s consultant. He said it should be noted in the motion that the Council is approving this firm in principal, contingent upon the City Attorney’s review. He said this contract would be structured in stages. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to hire KPMG as the City’s Sales Tax Consultant contingent upon the City Attorney reviewing the contract. Commissioner Michael Lenz said he was concerned because he had not had time to view the proposal from KPMG. He said he was also concerned that the Council chose to simply place $25,000 in his budget for this consultant. He asked the Mayor why it was taken from the Mayor’s budget and placed in his. He asked if the $25,000 was exceeded, whose responsibility would it be to find the additional funds. Mayor Kenneth Klotz said it was added to the Finance Department budget as a housekeeping issue and because it was the appropriate place. Commissioner Michael Lenz said he specifically asked about the selection process. He said the Mayor made it clear he would make the recommendation to the Council. Therefore, if it was the Mayor’s recommendation it should be in the Mayor’s budget. Mayor Kenneth Klotz said tonight is the opportunity for Council members to provide input on this matter. He said he realized the final proposal from KPMG arrived very recently. Commissioner Michael Lenz asked if the Mayor had met with this firm or any others. Mayor Kenneth Klotz said he met with Mr. Kirschner but the others he had talked to on the telephone. Commissioner Michael Lenz asked why he was not invited to participate in those discussions. Mayor Kenneth Klotz said those were preliminary discussions. Mayor Kenneth Klotz said he would be willing to work with Commissioner Michael Lenz on this issue and would be willing to postpone voting on it this evening. Commissioner Michael Lenz said he would like more time to review the proposals. Commissioner Michael Lenz said though that Mayor Kenneth Klotz was missing the point and again asked why the $25,000 was placed in his budget. He said there is no precedent and it was inappropriate to have it in his budget. Mayor Kenneth Klotz said the Council placed these funds in the Finance Department Page 5 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 budget, not him. Commissioner Thomas Curley said he too received this information very late and he has not had time to review it in detail. He said the information he received was quite generic in nature. Commissioner Thomas McTygue suggested a special meeting to discuss this proposal. Commissioner Thomas McTygue asked if the Mayor had reviewed this process with the Accounts Department. Mayor Kenneth Klotz said he had no problem waiting another two weeks to vote on this issue. He said he would either hold a special meeting on this topic or bring it forward at the next regularly scheduled meeting. Comprehensive Plan Review Committee B Report Mayor Kenneth Klotz said the Comprehensive Plan Committee has asked for a six-month extension to continue their work. He said he did not want this to be a standing committee but would grant them the additional time. Supplemental Betterment Agreement B West Avenue Paul Male, City Engineer, said this resolution is for additional costs that were determined after the bid was opened. He said there is an additional cost of $13,650 for water main installation, increased storm sewer size, plastic conduit for future cable installations and sanitary sewer installation. He said the initial approved cost was $853,559.36 but will now increase to$867,209.36. Mayor Kenneth Klotz asked if these items were within the framework of the bid. Paul Male said this does not change the contract, but rather only changes the price. Commissioner Thomas Curley asked if this information was circulated. Paul Male said he gave it to the Mayor’s Office this afternoon. Commissioner Michael Lenz said this amount is more than what was bonded. Paul Male said there could be some substitutions, additions and/or deletions to this project which will affect the cost. Commissioner Michael Lenz said it had already been bonded and we cannot go out and bond this project again. Mayor Kenneth Klotz asked if this was 80 percent reimbursable. Paul Male said this cost is a 100 percent cost to the City. Commissioner Michael Lenz asked if it was necessary to have an approval this evening. Paul Male said we have 90 days to send the funds to state. Paul Male said he would distribute this information to Council members. Armory -- November/December Payment Linda Terricola commended both Art & Linda Kranick for coaching the cross country teams and for also Page 6 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 volunteering their time for the summer youth programs. Linda Terricola said the Armory is requesting an additional payment for November 13-December 31 in the amount of $5,371.91. She said the cost of renting the space has doubled recently. She said the Armory is currently being used for girls/boys biddy basketball and coed lacrosse. She said the money to make this payment is within the Recreation Department budget. Mayor Kenneth Klotz said he would be meeting with Assembly D’Andrea and representatives from the Armory to discuss future use of this building. He asked if this would be the final payment for this year. Linda Terricola said yes. She said she had discussed with the Armory prorating next year’s contract from January through March. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve payment of $5,371.91 to the Armory. Ayes all. Time-Warner Cable Agreement Mayor Kenneth Klotz said the contract between the City and Time Warner Cable runs out on December 31, 2000. He said he has had some preliminary discussions with them and there seems to be little flexibility with the arrangements. He said there has been some interest from community members on this contract and he had some issues such as broadcasting Council meetings and revenue that should be thought about. He said the surrounding towns have formed a regional committee to review this contract. Mayor Kenneth Klotz said he would form a local advisory committee to do some research on this contract and he will ask the Public Service Commission for a six-month extension. Commissioner Michael Lenz asked if the Mayor was considering asking Time Warner to televise City meetings. Mayor Kenneth Klotz said there needs to be more of a commitment to the community by Time Warner. Mayor Kenneth Klotz said public hearings would be held on this matter at a later date. Block Grant Application Meeting Mayor Kenneth Klotz announced that the Block Grant Application meeting would be held on December 7 at 6:00 p.m. in the Court Room. He said the application and instructions will be made available at that time on how to go through the process. He said the City has a grant in excess of $465,000 for this program. Appointments (00-238) Mayor Kenneth Klotz announced the appointment of John DeMarco, Tom Richards, Susan Davis and Gretchen Marcell to the Historic Preservation Committee. Chamber of Commerce Membership Mayor Kenneth Klotz said he asked the Chamber to make a presentation to the Council , however, a letter from Joe Dalton had been received and forwarded to Council members. He said it was emphasized in that letter that the Chamber has a commitment to the City through the youth advocate program, parking grants, a variety of workshops/programs that City employees are eligible to participate in, etc. Mayor Kenneth Klotz said the City’s membership in this organization is a good opportunity to show its support to the small Page 7 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 business community. West Side Artists’ Community Mayor Kenneth Klotz said the West Side Artists’ Community organization had recently been formed. He said this organization is interested in raising funds for programs in the Beekman Street area. He said this is a good program for the City and is ideal for the goals of that community. He said the formation of this organization also reinforces that Saratoga Springs is a community that supports the arts. Commissioner Michael Lenz said this is good for the west side community and he was sure that the questions/concerns expressed by the West Side Neighborhood Association could be addressed. He said he hoped that the issues could be worked out. ACCOUNTS DEPARTMENT Approval of November 8, 14 & 21 City Council meeting minutes Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the November 8, 14 & 21 City Council meeting minutes. Ayes all. Waive of Bid B SPSS, Inc. B Software Mayor Kenneth Klotz withdrew this item from discussion. Extension of Bid B EMT Supplies Upon the recommendation of the Department of Public Safety, Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to extend the bid with Emergency Medical Products for one year for EMT supplies under the same terms and conditions. Ayes all. Vote B ANW, Inc. Rezoning Previously discussed. FINANCE OFFICE Payroll Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following payrolls: November 22, 2000B$309,644.95 and December 1, 2000-$299,196.57. Ayes all. Warrants Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded for the approval and payment of the 1DEC20 #2 through # 26 as follows: General Fund $ 373,704.97 Page 8 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 City Center Authority 12,751.74 Water Fund 52,252.50 Sewer Fund 6,243.28 Capital Projects Fund 440.00 Special Assessment District 1,175.00 Trust Fund -0- Debt Service -0- Community Development 24,078.02 TOTAL $ 470,645.51 and the MC201129 warrant #2-#6 as follows: General Fund $ 33,743.81 City Center Authority 10,390.61 Water Fund 3,236.61 Sewer Fund 1,513.26 Capital Projects Fund -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- TOTAL $ 48,884.29 Ayes all. Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget amendments as presented (Attachment A). Ayes all. Budget Transfers Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as presented (Attachment B). Ayes all. Update on Sale of City Property Jeff Wait, City Attorney, said the Real Estate Committee recently met and reviewed 30 properties. He said they reviewed each parcel and removed some from the list. He said there are a number of strips between two parcels that will be offered to the adjacent property owners. He said the committee will make recommendations to the Council in the near future on which parcels should be auctioned. Commissioner Michael Lenz said he and his staff had worked with Geoff Bornemann on developing this list of city owned parcels. He asked for Council input on the sale of these parcels. He said once he received Council input, the Real Estate Committee will then make recommendations to the Council with minimum bid prices. He said the objective is to get some of these City owned parcels back on the tax roles. Mayor Kenneth Klotz asked if there were any parcels that could be used for small pocket parks. Jeff Wait said there were a number of parcels that the committee has yet to review. He said it would be Page 9 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 necessary to visit some of these parcels in order to make a determination. Commissioner Thomas McTygue said it was his understanding that it was likely that none could serve that purpose. Year-End Transfers and Amendments Commissioner Michael Lenz reminded Council members that all year end budget transfers and amendments must be to his office no later than December 14 so that the those amendments and transfers can be made at the December 19 meeting. DEPARTMENT OF PUBLIC WORKS Waive of Bid B Dehn’s Flowers Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the waive of bid to Dehn’s flowers in the amount of $2,233.00 for spring bulb planting. Ayes all. Woodlawn Avenue Parking Lots B Saratoga Associates Commissioner Thomas McTygue said he had received a proposal from the Saratoga Associates for the Woodlawn Avenue Parking lot improvements. He said The Saratoga Associates would make a presentation as tomorrow’s Planning Board meeting. Dollars for Decorations Commissioner Thomas McTygue said his staff continues to receive checks for this program. He said he would report to the Council at a later date what had been received. Executive Session Commissioner Thomas McTygue requested an executive session to discuss the Town of Wilton lawsuit. Council members agreed. Boiler Commissioner Thomas McTygue reported that there is an emergency situation and the purchase of a new boiler is required. He said it would cost about $15,000 to replace and he does not have those funds. He said he proposed to run down as many line items as possible to make this purchase, but it might be necessary for him to go to Finance to find the remainder. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve the purchase of a new boiler in the approximate amount of $15,000. Ayes all. DEPARTMENT OF PUBLIC SAFETY Page 10 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 Code Enforcement Program (00-239) Commissioner Thomas Curley said he was pleased to report that Dan Cogan would be appointed as of December 18 as the new code enforcer. He said Dan Cogan placed first on the list and has a number of years of experience. He said his department has been cataloging properties with violations and they will now be prioritized and action will be taken. He said the City will now be quite aggressive with code enforcement. Holiday Parking Enforcement Program Commissioner Thomas Curley said in order to encourage turnover in parking spaces in the downtown area over the holiday season, a part time parking enforcement will be hired for the next three weeks to issue tickets to encourage violators to move their vehicles. Public Safety Employee Upgrades Commissioner Thomas Curley said he would like to make recommendations this evening to raise the grades of several Public Safety employees. Commissioner Thomas McTygue asked if the CSEA union had approved these upgrades. Commissioner Thomas Curley said no. Commissioner Thomas McTygue suggested that CSEA approval be sought first. Commissioner Thomas Curley said he would return to the next Council meeting with this issue. Executive Session Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to go into executive session at 8:25 p.m. to discuss the Town of Wilton law suit. Ayes all. Council members return at 9:10 p.m. Town of Wilton Lawsuit (00-240) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to hire Richard Mullaney, Esq. to assist Jeff Wait, City Attorney, in the Town of Wilton Lawsuit. Ayes all. ADJOURNMENT Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to adjourn the meeting at 9:10 p.m. Ayes all. There being no further business Mayor Kenneth Klotz adjourned the meeting at 9:10 p.m. Respectfully submitted, Page 11 of 12 City of Saratoga Springs City Council Meeting Minutes Tuesday, December 5, 2000 Kathy Moran Clerk Approved: Page 12 of 12