City Council

City of Saratoga Springs City Council Meeting Minutes Tuesday, August 29, 2006 CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, AUGUST 29, 2006 6:15 P.M. PRESENT : Valerie Keehn, Mayor Commissioner John Franck, Accounts Commissioner Ron Kim, DPS Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW (arrived 6:30 p.m.) ABSENT: Cheryl Keyrouze, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT : Michele Boxley, Deputy Commissioner Accounts Eileen Finneran, Deputy Mayor CALL TO ORDER Mayor Valerie Keehn called the meeting to order at 6:15 p.m. Executive Session Mayor Valerie Keehn moved and Commissioner Ron Kim seconded to adjourn to executive session at 6:15 p.m. for PBA contract discussions. Ayes all. Council members returned at 6:30 p.m. and reported that no action was taken. Public Comment Mayor Valerie Keehn opened the meeting for public comments. There being no one wishing to speak, Mayor Valerie Keehn closed the public comment period. MAYOR’S OFFICE Recreation Facility Report Susan Davis, Todd Helner & Peter Loyola, SD Atelier, presented the Recreation Facility report. Susan Davis said her firm was hired to perform a feasibility study for the proposed recreation facility. Tonight’s report is the culmination of four months of work. Their report includes: building/site program, data collection, existing conditions, building and site concepts and alternatives, building/site statement on probable costs, recreation task force meetings/feedback sessions and final recommendations. Building/Site Program: Susan Davis said they reviewed gross space requirements, special equipment, operation/scheduling procedures, site analysis and furnishing/fixtures/equipment lists. Gross space requirements included: four basketball courts, turf that is conducive for soccer and basketball, elevated running track, game room, three multipurpose rooms, kitchen area, office space, lobby, restroom/locker rooms, stairs, bleachers and storage. The total square footage with all of those items came to 55,912. They realized that 55,912 may cost more than what was originally anticipated, so they reviewed and revised the program to bring it down to 41,257 square feet – 34,485 in phase one and 6,722 in phase 2. She said that phasing was an option, however, not recommended. 1 of 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 29, 2006 Operation and scheduling: Hours of operation are anticipated to be from 7:00 a.m. to 11:00 p.m. New staff would include three full time & one part time maintenance. Programs would include basketball, volleyball, Camp Saradac, dances, rentals, Navy, adult programs, aerobics, kick boxing, after school recreation programs, walking track for adults, batting cages, shelter for emergencies, etc. Special equipment: furniture, fixtures and equipment. Adjacent land uses: Peter Loyola said they looked at the surrounding uses which include commercial, industrial and recreational. The PBA has a shooting range near the recreation facility, however, there is a 330 foot buffer and an elevation difference. They believe the proximity of the shooting range is not an issue, however, the PBA and the City need to develop a safety policy on that matter. He then showed the topography map. The entire site is 5 ½ acres, with about 4 acres of that is very conducive to development. It is lightly wooded and light vegetation around the site. Traffic diagram: This is a T-4 zone. There was a traffic feasibility done by Creighton Manning for another project. That study showed that at build out there could be 500,000 square feet of mixed use, 275 residential units and 30,000 square feet of recreational use. The study showed that with the build out there should be a turning lane added to Weibel Avenue and widening of the access road to the site. Roohan/Bonacio have a project proposed that with their improvements would benefit the recreation facility. This site has city water. The recreation facility project is proposing to widen the access road. There was discussion on pedestrian/bikeway access and the location of that access. They believe that access should be from Lake Avenue to Weibel Avenue. Data collection: Susan Davis said they looked at other recreation facilities including the air supported structure in Queensbury. This committee is not recommending an air supported structure. The structure at Ridgefield, Connecticut was a low maintenance, high quality material structure with one basketball court and pool which cost nearly $5.8 million. They also looked at bare bones structures such as the sports barn in Halfmoon which is 19,000 square feet. They visited the YMCA in Clifton Park and the community building in Mechanicville. They looked at sport court flooring and high end maple flooring. They were not impressed with the low end multipurpose flooring due to the durability of that product. The high end maple flooring is the more traditional type floor which would hold up much longer. Life and Safety Code Analysis: This will be classified with an A4 assembly use, which includes spectator seating. They propose to sprinkler the building so that firewalls are not necessary. She said that total occupancy, if maxed out, could be 1,125 people, however, more realistically 1,000 was the number they were working with. That number would impact the number of bathrooms. Septic location: Peter Loyola said they are looking at a septic system to be placed on the Roohan/Bonacio property. This could be a temporary system until the Roohan/Bonacio project moves forward, however, they were looking at it as a more permanent system of between 10 and 20 years. Building façade materials: Susan Davis said they looked at many exterior material options including masonry, concrete, brick and metal. They also looked at a standing seam metal roof and aluminum storefront windows and doors. Flooring Options: Costs range from $5.50 per square foot for the sport court up to $14.00 per square foot for the high end maple flooring. Task 3 – Schemes: They developed three different styles for the building. A. “L” shaped version which could be phased with total square footage at 53,700. They are not recommending this version. B. Longer type structure with the hallway on the outer perimeter of the building with the basketball courts in the center and the other functions off of the hallway. This scheme would have one large gable. C. Similar to the L shaped but with a curved rood. The curved roof in this particular scheme though could be more costly. The preferred option is Scheme B. Cost could be an issue but the committee firmly believes that the project should be done right. There needs to be some visual interest at the entryway. Peter Loyola said the service road could go around the entire perimeter of the building which provides for ease of circulation. Approximately 158 parking spaces would be provided and would be ample for this project. They propose to go with darker colors for exterior material. 2 of 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 29, 2006 Task 4 – Cost: Total construction cost range between $5.2 million and $6.5 million which includes all of the soft costs. Furniture, fixtures and equipment range between $150,000 and $350,000. They are not proposing a high end building. This is a mid end style building with realistic pricing. She then reviewed a cost break down by trades. Expense and Revenue Analysis: This information was provided by the Recreation Department. Recreation is currently paying about $40,000/year for rental costs which would be saved with the construction of this facility. They estimate they could receive $100,000 in rental revenues. Task 5 – Meeting: Susan Davis said the committee has had many meetings over the last few months all of which is detailed in the report. Task 6 – Final recommendation: Susan Davis said they have spent many hours on this project. They believe that Weibel Avenue is a good location and that Scheme B is the best style of building. Peter Loyola said a relationship needs to be fostered with Roohan/Bonacio on their project and agreements need to be obtain for the septic system, parking, water service lines, etc. Susan Davis said the design of this building must be functional and there needs to be low maintenance. They are recommending Scheme B. This is a single story structure with spectator seating at 41,257 square feet. The estimated cost is between $5.2 million and $6.5 million. They are proposing a moderately priced building that would service a great need in this City. Commissioner John Franck asked if there was any thought given to road connections to Union Avenue. Peter Loyola said under another project there was a study done on connecting Weibel Avenue to Union Avenue, however, they did not look at this under this project. Under this project, they did look at connecting this project to Louden Road and they have made provisions for that in this proposal. Commissioner John Franck asked about bidding the project on how that would proceed, who would put it out to bid, how the documents would be developed, etc. Susan Davis said it was her understanding that when public funds were used it must proceed through the City’s process and must following prevailing wage rates and WICKS law. Commissioner Thomas McTygue said the City has utilized the “design/build” concept for other projects. Susan Davis said they have discussed this project with contractors and hoped the City would find a way to engage quality contractors with quality products. Susan Davis said that this point they have completed their contract with the City and hoped that the project would move forward through the budgeting process. The City needs to determine how those documents are going to be put together and the bidding process. Mayor Valerie Keehn opened the meeting to comments from the audience. Bill McTygue, Director of Utilities, said the next step is to ensure that the money remains in the proposed 2007 capital program and that the Council adopts that budget. There will be a meeting tomorrow evening on the capital budget at 7:00 p.m. at the library and another in early September. Bob Spratt said the initial estimates several years ago were $2.5 million for this facility. Costs have increased over the years due to inflation and will continue to increase. It was time to do this project. John Krause, 227 Grand Avenue, asked if other locations had been looked at for this facility. This is a remote location and not centrally located. He also expressed concern with the septic system and asked why not tie into the City’s sewer system. Commissioner Thomas McTygue said the City did look at constructing two smaller facilities more centrally located, however, the school district was not interested in allowing the use of the west side recreation field for that purpose. He said it was likely that two smaller structures would be as costly as one larger structure. The septic system at this point was the most cost effective way to go. Once the Roohan/Bonacio project is constructed and the sewer lines are run out that way, the recreation facility could tie in. Mayor Valerie Keehn thanked them for their presentation. ACCOUNTS DEPARTMENT 3 of 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 29, 2006 Litigation – Quadgraphics Commissioner John Franck said that pursuant to City Attorney Michael Englert, Mayor Valerie Keehn and Commissioner Ron Kim’s request at the August 15, 2006, Council meeting, an extension of time was asked for and granted by the Honorable Judge Aulisi to today, August 29, 2006, in order for the above mentioned individuals to review additional times requested by the City Attorney Michael Englert. Therefore, Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve the settlement offer of $100,000 payable to Quadgraphics. The funds are within his budget in two separate line items. Commissioner John Franck said he believed that Michael Englert would be here this evening to discuss his concerns. He asked the Mayor and Commissioner Ron Kim if they were amenable to moving forward with this settlement. Mayor Valerie Keehn said she had no questions at this time. Dick Mullaney, attorney for the school district, reviewed the history of this matter. He said this case goes back to 1994 and 1995. In 2004, the school district received information from the IDA that there was an issue with the assessments done by the City going back as far as 1994 and 1995. He said there has been collaboration over the years between the school district and the City whereby the school district has assisted the City in cost s for legal fees. He said the PILOT programs for many of the properties at the Grande Industrial park began in 1994 and they are now coming off of that program. The City then began being hit with certiorari cases. He reminded everyone that the Commissioner of Accounts is the City Assessor for the City of Saratoga Springs. In the past, the Commissioner of Accounts would hire counsel to represent the Commissioner and the City in certiorari matters. The school district would hire counsel as well. These are not jury trials, but rather bench trials. In 2004, the school district received a phone call from the IDA telling them that of the $300,000 due that year from Quadgraphics, $250,000 would be deducted because of improper allocations done by the City ten years prior to that date. He said the Quadgraphics properties had been listed on the rolls as exempt and they found that upon reviewing this matter, their only relief was to file a proceeding against the City, Quadgraphics, IDA and Saratoga County. This put them in a very difficult situation. He said until Commissioner John Franck was elected, there was no assistance from the City on this matter. Judge Aulisi has reviewed the material and instructed the school district to dispose of this matter amongst all parties. Hence, discussions were started among all of the parties. He said that school district’s loss was $250,000 while the City’s was much less. His arguments to the Judge benefit the City as well. He thanked Commissioner John Franck for all of his assistance in this matter. There are 11 certiorari cases pending not related to this matter. He said he brings that up because the district needs to feel comfortable in its relationship with the City and they need to know that there is a procedure for decision making in the City on these matters. He said next year the 11 cases will grow to 22 and he did not want to negotiate all 22 cases individually with the Council. He said he would not appear before the Council 22 times requesting the Council to send someone to these hearings that they are comfortable with. The counsel previously engaged by the City, Jeff Wait, is an able attorney who is very helpful on these matters. He asked the Council to support this process and develop an outline on how these caseswill be settled. Mayor Valerie Keehn said that at the last meeting she and others simply requested more information. The information they received on this matter was given to them only a short time before the meeting and she felt she needed more time and more information in order to make an informed, educated decision. She said Jeff Wait stated that he believed that Judge Aulisi would grant the request for extension of time. She noted that the question of whether the IDA is going to pay anything in this matter has not yet been answered. Dick Mullaney said the IDA is culpable in this matter. It is the IDA that utilized these agreements that were not designed for this purpose. He reminded everyone that Quadgraphics is a Fortune 500 company. He said both the City and the school district have struggled for years on these matters. He said regardless of what the City and the school district may think, the fact is that through the years the school district and the City accepted payments under the program, so the idea that they did not receive anything needs to be put aside. The IDA is culpable because they extended benefits to Quadgraphics that they could not deliver. These cases go back to the days of former Commissioner Ed Valentine. He said that to put it simply, Judge Aulisi has told him to settle the case. 4 of 5 City of Saratoga Springs City Council Meeting Minutes Tuesday, August 29, 2006 Commissioner John Franck asked Dick Mullaney for a summary of the conversations between Dick Mullaney and Michael Englert and in particular what were his thoughts about those conversations. He said it is not the form of government that is the root of the problem but rather the City Attorney in this instance. He again asked Dick Mullaney for his thoughts on the conversations between him and Michael Englert. Mayor Valerie Keehn said she did not believe that was relevant information. Dick Mullaney said in those conversations, he did not understand the issue of reviewing the papers. He said any lawyer would understand that this is a matter pending before the Supreme Court. The district is obligated to file papers at the County and the papers could be reviewed at the County or by contacting the attorneys in the case. The Mayor called the question. Roll call vote: Commissioner John Frank aye Commissioner Matthew McCabe aye Commissioner Thomas McTygue aye Commissioner Ron Kim aye Mayor Valerie Keehn aye Motion carried. DEPARTMENT OF PUBLIC WORKS Commissioner Thomas McTygue moved and Commissioner Ron Kim seconded to approve the contract for 165 lineal feet of precast curbing at 59 Franklin Square for $2,640. Ayes all. ADJOURNMENT Mayor Valerie Keehn moved and Commissioner John Franck seconded to adjourn the meeting at 8:15 p.m. Ayes all. There being no further business, Mayor Valerie Keehn adjourned the meeting at 8:15 p.m. Respectfully submitted, Approved: Kathy Moran, Clerk 5 of 5