MINUTES
City Council Meeting
City of Butler, Pennsylvania
July 24, 2014

Mayor Donaldson called the meeting to order at 7:00 PM. Mayor Donaldson and Council members Kline and May were present. The pledge of allegiance to the flag followed an invocation given by Associate Pastor Tim Goodman, First United Methodist Church.

PERSONS TO BE HEARD:

Gena Kopnicky and Brittany Rohr from Cyclewarehouse: Presented a request for use of the West New Castle Street Plaza on August 9th.

Ed Schnur – Rodfathers – concerns about increasing special event costs.

Dan Cunningham – Rodfathers – concerned increase in special event costs may prohibit the groups’ ability to hold the annual Cruise-a-palooza in the city.

Cheri Hershberger; Fall Festival – increase in special event costs will cause a hardship for their event.

Mark Krenitsky – pleased to see progress in selling the Penn Theater and glad to see the City Code concerning alcohol on city property is being enforced.

PRESENTATIONS:

• Neighborhood Pride Awards
Steven H. Rodriguez, 431 Franklin Street
David A. and Darlene A. McCurdy, 531 W. Wayne Street
Cheri Stoner, Snipz Hair Design, 119 E. Cunningham Street

• Preservation Awards
Don and Sherry Paul, 148 N. Main Street, Morgyn’s Frozen and Yogurt Treats
Bill and Donna Gumpper, 218 E. Fulton Street

Motion by CM May with second from CW Kline to approve the minutes of the Regular meeting of June 26, 2014. All voted aye.

MONTHLY & ANNUAL DEPARTMENT REPORTS
(Note: Department Reports Distributed to Council at Tuesday’s Forum Meeting for Review)

All department reports for the month of June were approved by individual, unanimous votes.

At a Public Hearing held on July 8, 2014 at 7:00 PM, Mayor Donaldson made a motion to approve the Conditional Use request for A & R Health Services located at 128 West New Castle Street with the following conditions:

1. Use staggered appointment times for clients.
2. Maximum number of occupants in group sessions to be determined per UCC calculations by the Fire Marshall, and not to exceed 12 people.
3. No loitering and no smoking within a 25 foot perimeter of the building.
4. Hours of operation shall be 9:00 AM to 6:30 PM Monday through Saturday.
5. A finding by the City of being a nuisance property will be a violation of A & R’s occupancy permit and grounds for the occupancy permit to be revoked.
*6. The City will require a copy of the facility’s State Health License or absolute proof that the License is not required before issuing an occupancy permit. The City will require a copy of any other State or Federal License that is required to operate this type of facility before issuing an occupancy permit.
7. A & R must provide the City with a parking plan for off-street parking for the staff.

*A & R must comply with item #6 no later than 15-August-2014.

Second by CW Kline. CW Readie, CW Kline and CM Schontz voted aye. CM May and Mayor Donaldson voted no. Motion passed.

The following actions took place at the Public Hearing held on July 22, 2014:

CM Schontz made a motion to approve the Conditional Use request for Accessible Dreams to construct a two unit townhouse at 316 S. Chestnut Street under Codified Ordinance §260-22H, in accordance with the plans submitted to Council. Second by CM May. All voted aye.

COUNCIL REPORTS/ACTIONS

Councilwoman Kline

1. Motion to approve the 2015 Minimum Municipal Obligations for the City’s three pension plans as follows: for the Firefighters Pension Plan – $168,064 and for the Police Pension Plan – $222,266 and the Officers and Employees Pension Plan – $22,728.
Second by CM May. All voted aye.

2. Motion to approve City Resolution no. 2014-07-24 approving to revise the 2013 CDBG program as follows: Reduce the Rehab: Single Unit Residential by $22,400 and reallocate the same amount to the Code Enforcement line item and utilize the remaining balance in the Rehab: Single Unit Residential towards the HOME Owner Occupied Housing Rehabilitation program. Second by CW Kline. All voted aye.

3. Motion to approve City Resolution No. 2014-07-24A; the City of Butler’s Fair Housing Resolution. Second by May. All voted aye.

Mayor Donaldson

4. Motion for the second reading and adoption of City Ordinance No. 1691; an ordinance of the City of Butler, Pennsylvania amending the City’s traffic control schedule contained in Chapter 245 of the Codified Ordinance of the City of Butler by making permanent experimental regulations previously adopted by City Council on a 90-day trial basis. Second by CM May. All voted aye.

5. Motion for the introduction and first reading of City Ordinance No. 1692; an ordinance of the City of Butler amending Chapter 260, the zoning ordinance of the City of Butler, to add medical and dental clinics in the M-1 and M-2 Zoning District as permitted uses. Second by CW Kline. All voted aye.

6. Motion to approve a block party on Broad Street from West North Street to West Brady Street on Sunday, July 27, 2014 from 4:00 PM to 7:00 PM. Second by CM May. All voted aye.

7. Motion to approve the purchase of Freedom System software in the amount of $22,480.00. ($22,400 to be reimbursed with 2013 CDBG Funds. Any excess costs to be paid from LIN 18 427 221.) Second by CM May. All voted aye.

8. Motion to install two “No Parking Between Signs” on S. Elm Street from the alley to East Jefferson Street on a 90-day trial basis. Second by CW Kline. All voted aye.

9. Motion to install two – “2 Hour Parking; 9:00 AM – 5:00 PM” on N. Jackson Street across from 309 N. Jackson Street on a 90-day trial basis. Second by CM May. All voted aye.

10. Motion to award the Mercer Street bridge repairs to EC Masonry Inc in the amount of $14,760.00. LIN 18 430 436 Second by CM May. All voted aye.

11. Motion to approve payment to Gary Metzinger Cement Contractor, Inc. in the amount of $54,515.73 for the Monroe Street Bridge Deck repairs. LIN 18 430 500
Second by CM May. All voted aye.

12. Motion to accept the bid from and approve payment to Bauer Excavating, Inc. in the amount of $9,105.00 for the Sullivan Run cleanup project after review and approval by the municipal engineer. Second by CW Kline. All voted aye.

13. Motion to enter into an agreement with the Butler Area School District to acquire temporary and permanent easements for the West New Castle Street bridge project.
Second by CM May. All voted aye.

14. Motion to approve the Supplemental-B; Non-Federal-Aid Project Reimbursement Agreement with PennDot for the West New Castle Street Bridge project. (Agreement No.: 102682-B) Second by CW Kline. All voted aye.

15. Motion to pass City Resolution no. 2014-07-24B; authorizing Mayor Donaldson to sign an Agreement between the City of Butler and PennDOT for the Supplemental-B agreement for the West New Castle Street Bridge project. Second by CM May. All voted aye.

16. Motion to transfer funds from Line item 01-430-373 “Contract Services” to Line item 18-430-439 “Capital Projects” for the purpose of re-allocating funds to the 2014 Paving Projects. Second by CW Kline. All voted aye.

17. Motion to accept the bid from Peter J. Caruso & Sons in the amount of $147,238.50 for the 2014 Street Paving after review by the municipal engineer. Second by CW Kline. All voted aye.

18. Motion to authorize Butler County to pave that portion of South Jackson Street lying between West Diamond Street and Vogely Street following the construction of the new Addition to the Butler County Government Center, subject to the following conditions:

1. That portion of South Jackson Street lying within 12 feet of the northerly line of W. Diamond Street shall remain as a brick street.
2. The County shall cause all bricks to be removed and delivered to the City of Butler at a location in Butler to be specified by the Streets Department.
3. The County shall cause South Jackson Street to be reconstructed in accordance with PennDot specifications and acceptable to the City Engineer.
Second by CW Kline. All voted aye.

Councilman May

19. Motion to approve an agreement with the Butler Midget Football League for the 2014 season. Second by CW Kline. All voted aye.

20. Motion to enter into a Settlement and Release Agreement with the Housing Authority of the County of Butler concerning the Island Playground. Second by CW Kline. All voted aye.

21. Motion to approve the “Bike Show” to be held on August 9, 2014, beginning at 9 AM at the West New Castle Street Plaza; sponsored by Cyclewarehouse. Second by CW Kline. All voted aye.

Mayor Donaldson

22. Motion for the introduction and first reading of City Ordinance No. 1693; an ordinance of the City of Butler, Pennsylvania, amending Chapter 232; Article VII; Street use permit for parades and special events, of the codified ordinances of the City of Butler. Second by CW Kline.

Motion to table by CW Kline. All voted aye. Motion tabled.

The City Treasurer presented Council with the Account Balance Report and the Monthly Intake Report for June, 2014.

The City Controller presented bills for payment as follows: from the general fund – $251,228.51; from the capital projects fund – $80,649.45; and, from the liquid fuels tax fund – $4,575.52 for a grand total of $336,453.48. Motion by Mayor Donaldson with second from CM May to approve payment of bills as presented. All voted aye.

• ANNOUNCEMENTS:

WISR City Hall – Mayor Donaldson and Councilman May
August 13th; 12:00 PM – Memorial dedication for PFC Paul E. Angert at Rotary Park

Mayor Donaldson adjourned the meeting at 7:41 PM.

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