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HomeMy WebLinkAboutMN-CC-1990-10-03135 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. October 3, 1990 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Romanowski, Cummings, Daley, (WW001 Booth, Johnson, Golder, Schroeder, Hoffman, Peterson OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Building Commissioner - Datz Police Chief - McEwen City Chamberlain - Parsons co Youth Development Coordinator - Green (� Board of Public Works Commissioner - Reeves Tompkins County Board of Representatives - Lerner co PLEDGE OF ALLEGIANCE Q Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the September 5, 1990 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Daley RESOLVED, That the Minutes of the September 5, 1990 Common Council meeting be approved with corrections as noted by the City (600,� Clerk and changed in the official Minute Book. Carried Unanimously ADDITIONS TO THE AGENDA: New Business Alderperson Johnson requested Council members regarding the of occupancy be discussed an for action. No Council member objected. that a letter that was received by change in the fees for certificates I possibly referred to a committee Miscellaneous Business Alderperson Cummings requested discussion of the Ithaca Transit's survey distribution methodology. No Council member objected. Planning and Development Committee Alderperson Hoffman requested that Council note that there are two modified resolutions from the Planning and Development Committee regarding Items 15.2 and 15.3. Intergovernmental Relations Committee Mayor Nichols noted that there are new resolutions on the sale of the City Hall Annex. These resolutions were mailed to Council on September 28. Budget and Administration Committee Alderperson Booth noted that there is a Bond Resolution on the desks of Council for Item 17.4. 1 3 1f October 3, 1990 MAYOR'S APPOINTMENTS Ithaca Housing Authority Mayor Nichols requested approval of Council for the re- appointment of John Pirko, 31 Woodcrest Avenue, to the Ithaca Housing Authority for a term to expire October 17, 1995. Resolution By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the re- appointment of John Pirko to the Ithaca Housing Authority with a term to expire October 17, 1995. Carried Unanimously Rental Housing Commission Mayor Nichols requested approval of Council for the appointment of Valerie Grinston, 305 Fourth Street to the Rental Housing Commission with a term to expire December 31, 1992, (replacing Dennis Wille). Resolution By Alderperson Romanowski: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the appointment of Valerie Grinston to the Rental Housing Commission with a term to expire December 31, 1992. Carried Unanimously Board of Public Works Mayor Nichols requested approval of Council for the appointment of Paul Brandford, 104 Brookfield Road to the Board of Public Works with a term to expire December 31, 1991, (replacing Michael Sprague). Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Paul Brandford to the Board of Public Works with a term to expire December 31, 1991. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: City of Ithaca Employees Recognition Picnic Denise Malone, Administrative Secretary, Personnel Department, thanked Council, the Department Heads and everyone who participated in the Employees Recognition Picnic held on September 29th. Hudson Street Improvements Vincent Fuchs, Willseyville, thanked Council for the good job that the City has done with the Hudson Street improvements. Committee of the Whole Meetings Guy Gerard addressed Council urging them not to drop the Committee of the Whole meetings. He also spoke on the need for the Neighborhood Civic Associations and how these associations should be structured. RESPONSE TO THE PUBLIC: Voter Registration Alderperson Golder reminded people who may have moved that if they wish to register by mail the last day to do so is October 9th, in order to vote November 6th. City Clerk Paolangeli stated that there will be a walk -in registration day at City Hall on October 13th from 2 p.m. to 9.p.m. 6 October 3, 1990 REPORT OF BOARD OF REPRESENTATIVES: Mr. Lerner, 1st Ward Rep. reported to Council on the following matters: Missing Soil Samples for DR -7 Landfill - One indirect consequence of this problem is that at future Board of Reps meetings there is going to be an additional one -half hour added to the Construction Management and Public Works Committee reports, specifically to keep the Board of Reps members better informed on what is happening in the Solid Waste area. Local Law for Mandating Trash Tagging for 1991_ - This will be discussed at the next Board of Reps meeting. There will be a public hearing at the opening of the meeting and then a vote on the local law. In the draft of the local law there is a section that refers to allowing municipalities that are trash haulers themselves to opt out of trash tagging if the municipality so chooses. Central Processing Facility - There have been concerns raised about whether the CPF, when it is built, would be under government management or private management. He has received (n some fairly detailed consultant's reports regarding that matter. Q At this time there has certainly been no formal decision on that question. Copies of that report have been given to Alderperson Blanchard to share with other members of City government. EOC Homeless Shelter Project - The Board of Reps did approve the EOC proposal for the homeless shelter at their last meeting with a total budget of $65,000.00. The City and County Human Services Committees will meet jointly next week to discuss the issue. Mental Health Building - The building is still projected to be ready for occupancy by the 1st of January. Parking for that building and what kinds of payments may be made between the City and the County to settle the matter of parking are still up in the air at this time. Alderperson Blanchard stated that she has followed up on the material that Mr. Lerner sent her and is attending the the Public Works and Construction Management Committee meetings so she can keep Council posted. Alderperson Romanowski urged Mr. Lerner to make sure the County looks at other areas of the City for a homeless shelter, not only the First Ward. Alderperson Cummings referred to a memo from Peter Weed to Barbara Eckstrom, dated 10/2/90 asking for copies of the pre - loading earth work drawings along with the latest site plan drawings in relation to the CPF. She asked Mr. Lerner if he knows if these materials have been sent over to the City. 3 Mr. Lerner responded that he does not know if this is being followed up but he will check and find out. Alderperson Booth urged Mr. Lerner and the rest of the County Board to make the tag system applicable to all municipalities. He stated that in regard to the Central Processing Facility, he thinks it makes sense to look at questions of whether private management for certain functions could be utilized. However, he thinks the critical question is, who's in the business of making decisions of what the facility receives and he thinks the record is very clear that that should be a public agency. The handling of garbage by private contractors, in this country, borders on the scandalous and he believes that is not a situation we should pursue in this county. 3 October 3, 1990 There was discussion regarding the raccoon problem in the City of Ithaca and the County. Alderperson Booth urged the Board of Reps to adopt a county -wide policy to deal with the problem. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS• Board of Public Works Commissioner Reeves reported on the following: County Increase of Tipping Fees - The Board of Public Works at their Committee of the Whole meeting on October 5 began discussion regarding the County's increase of tipping fees and how that increase might affect the cost of trash tags. The Board wants to have more accurate figures from the County before they discuss any increase. County Recycling Drop -off Center - The Board is discussing the pros and cons of continuing the operation of the County Recycling Drop -off Center on Willow Avenue. The present contract expires on December 31st and more information will be provided by Commissioner Reeves at the November Common Council meeting. Stewart Park Entrance Design - The Board of Public Works approved plans in August to change the Stewart Park entrance design. The plans were prepared with the assistance of Dan Schmohe, the City Forester, the Shade Tree Commission and the Interim Parks Commission. This is to be funded from monies left over from the Centennial Commission. Gas Tank Removal on Linden Avenue - Two or three responses to the RFP for this project have been received. The cost is in the neighborhood of $25,000. but the DEC may require that the City have test wells so that would increase the cost. Energy Commission - Because most of the energy concerns are building related, the Commission, after discussion, feels that they should be under the Board of Public Works. A resolution was passed at the September 26th meeting placing the Commission under the Board of Public Works. The Commission asked that an Energy Coordinator be added to staff. The Board felt that position was not practicable at this time, but did decide that serious consideration of energy conservation measures is a good idea. The consideration of conservation measures will be taken up at a later date by staff in the Engineering Office. Increase in Water and Sewer Rates - The Board, at their meeting today, discussed and contemplated an increase in water and sewer rates. The reasons for this possible increase are the loss in State aid in the amount of $100,000., the fact that the last increase was in 1988 and the increase in sludge disposal has gone up from 0 to $600,000. The Board will vote at its meeting next week on the proposed rate increase. The Mayor emphasized to the public that the increase that is being discussed is a sizeable increase and there will be an opportunity for the public to speak for or against the increase at the next meeting of the Board on October 10th. 1st Hour Free Parking Question - Commissioner Reeves asked Alderperson Daley if someone from Council is looking into the restoration of the 1st hour free parking. Alderperson Daley stated that the subject is back in the merchant's court. There was a committee meeting that came up with proposals to do a revenue neutral return of the 1st hour free but those suggestions were considered not acceptable by the merchants and the merchants have said that they would come up with their own proposals and that is where it is now. 4 D 19 139 October 3, 1990 New Bus Route Map - There is a new map that has been developed by Cornell that shows all of the bus routes in Tompkins County. The map will be in the stores within the next few days. Ad Hoc Committee on Public Transportation for the County Mr. Carl Klapper handed out copies of a paper on "Pedestrian Planning Zones" for Alderpersons to peruse. Mr. Klapper was invited to attend the Planning and Development Committee meeting (6W.1 to further discuss this subject. COMMUNICATIONS FROM THE MAYOR: Signing of Contract for Tompkins County Science Discovery Center Mayor Nichols announced that on Friday, October 5th, at the Water Plant, where the Science Discovery Center will be located, there will be an official signing of the contract. City Prosecutor Report Alderperson Cummings asked if there could be a report from the City Prosecutor at Common Council meetings. City Attorney Guttman stated that he will discuss this with City Prosecutor Richard John. Noise Ordinance City Attorney Guttman stated that he has spoken with Judge Sherman last week about it. There have been several cases regarding violations to the noise ordinance. Judge Sherman told City Attorney Guttman that the average fine is about $200.00 per violation. Police Chief McEwen stated that he met with the Ithaca College Student government last evening regarding the violations of the noise ordinance that have been occurring. Chief McEwen stated that it was a very good dialogue and that the IC student government is looking for ways to work with the Police Department. Chief McEwen said that he will work with the City Prosecutor to get a report together if the Council so desires. HUMAN SERVICES COMMITTEE: Youth Opportunities - Report Alderperson Johnson reported that the Human Services Committee members were very impressed with the report that came out of the Youth Opportunities sub - committee on "Employment Opportunities" in the City of Ithaca. He said that there were several recommendations that were made that the Human Services Committee is going to be taking up. Alderperson Johnson handed out copies of the report to Council members who are not members of the committee. Alderperson Johnson explained some of the recommendations to the Council. EOC Homeless Shelter - Report Alderperson Johnson reported that the County has extended an opportunity for the City to take part in this project. He stated that the City is meeting with the County's Human Services Committee to discuss what the City's role would be. 5 CITY ATTORNEY'S REPORT Polygon City /Lower Lawsuit Attorney Guttman reported that a decision has been delivered from the Supreme Court in favor of the Board of Zoning Appeals. Ithaca Boating Center m City Attorney Guttman reported that the Ithaca Boating Center at Q 506 Taughannock Boulevard has vacated the property as requested by the City. City Prosecutor Report Alderperson Cummings asked if there could be a report from the City Prosecutor at Common Council meetings. City Attorney Guttman stated that he will discuss this with City Prosecutor Richard John. Noise Ordinance City Attorney Guttman stated that he has spoken with Judge Sherman last week about it. There have been several cases regarding violations to the noise ordinance. Judge Sherman told City Attorney Guttman that the average fine is about $200.00 per violation. Police Chief McEwen stated that he met with the Ithaca College Student government last evening regarding the violations of the noise ordinance that have been occurring. Chief McEwen stated that it was a very good dialogue and that the IC student government is looking for ways to work with the Police Department. Chief McEwen said that he will work with the City Prosecutor to get a report together if the Council so desires. HUMAN SERVICES COMMITTEE: Youth Opportunities - Report Alderperson Johnson reported that the Human Services Committee members were very impressed with the report that came out of the Youth Opportunities sub - committee on "Employment Opportunities" in the City of Ithaca. He said that there were several recommendations that were made that the Human Services Committee is going to be taking up. Alderperson Johnson handed out copies of the report to Council members who are not members of the committee. Alderperson Johnson explained some of the recommendations to the Council. EOC Homeless Shelter - Report Alderperson Johnson reported that the County has extended an opportunity for the City to take part in this project. He stated that the City is meeting with the County's Human Services Committee to discuss what the City's role would be. 5 October 3, 1990 Day Care - Report Alderperson Johnson reported that the Human Services Committee members have recently received a very lengthy, revised Drop -in Children's Center proposal for a licensable location. A committee has been looking at the possibility of what might be able to be worked out on the Elmira Road site. He stated that at this point that location is still uncertain but the Committee will be looking at the revised proposal and will be working with the Day Care Council to see what the possibilities of doing this revised proposal might be. PLANNING AND DEVELOPMENT COMMITTEE: 15.1 Ithaca Energy Commission By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the Energy Commission has requested that its By Laws be amended to allow it to report to the Board of Public Works; now, therefore, be it RESOLVED, That upon the recommendation of the Planning and Development Committee, the Ithaca Energy Commission By Laws dated 9/21/90 which provide for the Commission to report to the Board of Public Works be approved. Resolution to Amend By -Laws By Alderperson Daley: Seconded by Alderperson RESOLVED, That Article III (Members) of th Ithaca Energy Commission be amended to include 1991, at least two - thirds of the membership of the City of Ithaca. A vote on the resolution resulted as follows: Romanowski e By Laws for the that by the end of shall be residents Carried Unanimously Carried Unanimously * 15.2 Environmental Quality Bond Act Application /Northside Park By Alderperson Hoffman: Seconded by Alderperson Daley RESOLVED, that Benjamin Nichols, Mayor of the City of Ithaca is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environmental Quality Bond Act of 1986, in an amount not to exceed $108,613 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the creation of a park in the Northside Neighborhood. Alderperson Hoffman explained the application process and extensive discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Johnson, Blanchard, Hoffman, Golder, Daley, Peterson, Schroeder, Booth Nays (2) - Romanowski, Cummings Carried * 15.3 Guide for Zoning Ordinance Amendments By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, there is a need for a clear process to guide the development and review of amendments to the Zoning Ordinance and Official Map, and WHEREAS, a draft guide for Zoning Ordinance Amendments has been developed and reviewed by both the Planning Board and Planning and Development Committee; now, therefore, be it October 3, 1990 RESOLVED, That the Guide for Zoning Ordinance Amendments dated October 3,1990 is hereby adopted by Common Council to serve as a procedural guide for the consideration of proposed amendments to the Zoning Ordinance, and be it further RESOLVED, That the adoption of this guide shall not in any way substitute for or obviate the need for strict compliance with the procedural requirements for zoning ordinance amendments contained in state or local laws, and be it further RESOLVED, That the adoption of this guide shall not constitute a new set of binding procedural requirements for the amendment of the Zoning Ordinance, and that failure to follow the procedural suggestions in this guide shall not cause a defect in the approval of a zoning ordinance amendment, provided all legal requirements are met. B. Concept Memo: Planning and Development Committee directs Planning and Development staff to draft memorandum explaining the concept of the proposed zoning change. Memorandum is referred to Planning and Development Board for review and comment. If, in the opinion of the Planning and Development Committee, the concept does not require drafting of a concept memorandum, the proposed concept may be referred orally to the Planning and Development Board by the liaison to the Board. C. Comments Received: Comments on the proposed change are brought back to the Planning and Development Committee through an oral report from the liaison. Comments may also be referred in writing. Planning and Development Committee may advance the proposed amendment, modify it, request more information, or terminate consideration. The Planning and Development Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment. D. Amendment First Draft: Planning and Development Committee directs Planning and Development staff in conjunction with City Attorney to draft proposed change. Environmental review is initiated. If possible, Planning and Development Committee chair reviews draft. Draft, edited by Chair, is circulated to Attorney, Building Commissioner, Engineering, Conservation Advisory Council and Planning and Development Board. 7 GUIDE FOR ZONING ORDINANCE AMENDMENTS co This guide for the review of zoning ordinance amendments is designed to accommodate three different types of situations. The procedure used would depend on the complexity of the zoning �] amendment being considered. The Planning and Development Committee would determine which procedure is appropriate. The steps outlined are intended as a guide, not as rigid requirements. The three different procedures are as follows: I. EXPEDITED ZONING ORDINANCE AMENDMENT (minor word or number change which only modifies the existing zoning concept). (400" A. Referral: The Planning and Development Board or Common Council refers a zoning issue to the Planning and Development Committee. Changes may also be undertaken by Planning and Development Committee without referral. B. Concept Memo: Planning and Development Committee directs Planning and Development staff to draft memorandum explaining the concept of the proposed zoning change. Memorandum is referred to Planning and Development Board for review and comment. If, in the opinion of the Planning and Development Committee, the concept does not require drafting of a concept memorandum, the proposed concept may be referred orally to the Planning and Development Board by the liaison to the Board. C. Comments Received: Comments on the proposed change are brought back to the Planning and Development Committee through an oral report from the liaison. Comments may also be referred in writing. Planning and Development Committee may advance the proposed amendment, modify it, request more information, or terminate consideration. The Planning and Development Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment. D. Amendment First Draft: Planning and Development Committee directs Planning and Development staff in conjunction with City Attorney to draft proposed change. Environmental review is initiated. If possible, Planning and Development Committee chair reviews draft. Draft, edited by Chair, is circulated to Attorney, Building Commissioner, Engineering, Conservation Advisory Council and Planning and Development Board. 7 October 3, 1990 E. Referral to Committee of the Whole (or a combined meeting of the affected committees or boards): Planning and Development Committee receives comments on draft and directs Planning and Development staff to make appropriate modifications to the amendment. Modified amendment is referred by the Planning and Development Committee to the Committee of the Whole (or a combined meeting of the affected committees or boards). Committee of the Whole refers amended draft to Common Council. F. Public Hearing: Common Council calls for public hearing and directs that change be advertised. G. Council Action: Common Council votes on proposed amendment. II. COMPLEX ZONING ORDINANCE AMENDMENTS (extensive changes to the rules for a zoning district, a map change or similar major modification to the Zoning Ordinance). A. Referral: The Planning and Development Board or Common Council refers a zoning issue to the Planning and Development Committee. Changes may also be undertaken by Planning and Development Committee without referral. B. Concept Memo: Planning and Development Committee directs Planning and Development staff to draft memorandum explaining the concept of the proposed zoning change. Memorandum is referred to Planning and Development Board, Conservation Advisory Council, City Attorney, Building Commissioner, City Engineer, and Director of Planning and Development for review and comment. C. Comments Received: Planning and Development Department receives and compiles comments for consideration by Planning and Development Committee. Written comments are preferred. Planning and Development Committee may advance the proposed amendment, modify it, request more information, or terminate consideration. The Planning and Development Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment. D. Amendment First Draft: Planning and Development Committee directs Planning and Development staff in conjunction with City Attorney to draft proposed change. Environmental review is initiated. If possible, Planning and Development Committee Chair reviews draft. Draft, edited by Chair is circulated to Attorney, Building Commissioner, Engineering, Conservation Advisory Council and Planning and Development Board. E. Referral to Committee of the Whole (or a combined meeting of the affected committees or boards): Planning and Development Committee receives comments on draft and directs Planning and Development staff to make appropriate modifications to the amendment. Modified amendment is referred by the Planning and Development Committee to the Committee of the Whole (or a combined meeting of the affected committees or boards). Committee of the Whole refers amended draft to Common Council. J October 3, 1990 F. Public Hearing: Common Council calls for public hearing and directs that change be advertised. G. Council Action: Common Council votes on proposed amendment. (wwe, III. EXTENSIVE ZONING ORDINANCE AMENDMENTS (development of a zoning district, ordinance section or extensive new map changes). Same as II above, except that the draft amendments may be referred back to the various boards and committees for comments. Several drafts of the ordinance will likely need to be prepared. r,'- Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Hoffman, Johnson, Romanowski, Golder, Daley, Blanchard, Peterson, Booth, Schroeder Nay (1) - Cummings Carried Cornell Campus Plan - Report Alderperson Hoffman reported that Cornell University does have a campus plan which was discussed with the Planning and Development Committee last month. He stated that there were concerns raised about the number of new structures that are planned, about some changes proposed for the Cornell Heights neighborhood, about relocation of roadways and appearance of substantial new buildings in the historic district, about parking and traffic. He said there will be more meetings with Cornell forthcoming to discuss specific ideas that impact the City and the representatives from Cornell said that it was not adopted formally by the Board of Trustees and that there is room for negotiations. Parking Space Size - Report Alderperson Hoffman reported that the committee is in the process of coming up with a proposal for a reduced minimum parking space size that would allow for smaller lots or fit more cars into same size parking lots and they are also looking at proposing regulations for parking in yards. Neighborhood Planning and Citizens Involvement The Committee heard a report from Planning staff on citizen participation in decision making and the planning process for City projects. Reports were received from other cities that seem to be much better organized. More research on some of these concepts will be incorporated in the 1991 work plan. CHARTER AND ORDINANCE COMMITTEE: * 16.1 A Local Law Amending the Ithaca City Charter, Article 4, Entitled 'Taxation and Assessments', of Section 4.7, Entitled "Collection of County Taxes" By Alderperson Peterson: Seconded by Alderperson Golder LOCAL LAW NO. OF THE YEAR 1990 A LOCAL LAW AMENDING THE ITHACA CITY CHARTER, ARTICLE 4, ENTITLED 'TAXATION AND ASSESSMENTS', SECTION 4.17 ENTITLED "COLLECTION OF COUNTY TAXES" BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: 9 October 3, 1990 Section 1. Section 4.17 of Article 4 of the Ithaca City Charter, as follows, is hereby repealed. [The City Chamberlain is hereby authorized to receive the warrant issued by the Board of Representatives of Tompkins County, and to collect the tax levied by them, and the additional per centum, the same in all respect as a Town collector, and the Board of Representatives of Tompkins County are directed to issue their warrant to the said City Chamberlain for the collection of said tax.] Section 2. Effective Date. This Local Law shall take effect immediately after filing with the Office of the Secretary of State. City Controller Cafferillo addressed Council in opposition to the Local Law and answered questions from Council members. City Chamberlain Parsons explained to the Council how the collection of taxes affects her staff and why she thinks the Local Law should be passed. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (3) - Daley, Golder, Peterson Nays (6) - Romanowski, Blanchard, Booth, Hoffman, Johnson, Schroeder Alderperson Cummings out of room at time of vote. Motion Defeated Shade Tree Ordinance - Report Alderperson Peterson reported that the first half of the ordinance has been reviewed by City Attorney Guttman, a sub- committee of the Shade Tree Committee and herself. There are several changes and the Committee will be looking at two new sections at their next meeting. Transient Vendors Ordinance - Report Alderperson Peterson reported that the Committee is studying the ordinance and the City Attorney is doing research at this time. Vehicle Emissions Ordinance - Report Alderperson Peterson reported that the Committee will make a determination at their next meeting as to whether the City should enforce the State laws or write their own laws, as New York City has done, regarding vehicle emissions. A77( VQQ • The Common Council recessed at 8:45 p.m. and reconvened in regular session at 9:00 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Police Department - Request Authorization to Provide Traffic Control Assistance to School District By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the Police Chief is hereby authorized to provide traffic control assistance to the Ithaca City School District at a composite hourly rate of $28.50. Police Chief McEwen answered questions from Council members. A vote on the resolution resulted as follows: 10 Carried Unanimously 19 October 3, 1990 * 17.2 Youth Bureau - Request Authorization to Transfer Funds to Resurface Tennis Courts and Basketball Court By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Department of Public Works has proposed resurfacing the tennis courts at Cass Park and the basketball court at GIAC, within existing departmental appropriations; now, therefore, be it RESOLVED, That $5,838 be transferred from account A7182 -477, Cass Park Equipment Parts and Supplies, to account A7182 -435, Cass Park Contractual Services, for the resurfacing of four tennis courts, and that $1,800 be transferred from account A7182 -477, Cass Park Equipment Parts and Supplies to account A1626 -435, GIAC Facility Contractual Services for resurfacing of the basketball court. I-"- Discussion followed on the floor with Alderperson Booth (0 explaining that the basketball court can be done with a hard (T) macadam type surface as opposed to a composite type surface which is quite a bit more expensive. Amending Resolution By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That the $1,800 be stricken from the Resolved Clause. Discussion followed on the floor. D A vote on the amendment resulted as follows: Ayes (2) - Nays ( 7 ) - Alderperson Booth, Blanchard Hoffman, Romanowski, Golder, Schroeder, Peterson, Daley, Johnson Cummings out of room at time of vote. Motion Defeated Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously * 17.3 DPW - Request Additional Allocations of Funds For Revision of the Industrial Pretreatment Ordinance By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the Chief Plant Operator of the Ithaca Area Wastewater Treatment Plant has proposed a revision of the existing Industrial Pretreatment Ordinance, and WHEREAS, the Chief Operator has requested an additional allocation of funds for testing and enforcement relative to the existing Industrial Pretreatment Program, and WHEREAS, the Special Joint Subcommittee of the Ithaca Area Waste- water Treatment Plant has reviewed a proposal from Susan Hajda Brock of the firm of True, Walsh and Miller for the provision of legal services in connection therewith, and WHEREAS, the Special Joint Subcommittee and the Board of Public Works has recommended that $9,500 be approved for the revision of the Industrial Pretreatment Ordinance on behalf of the joint owners, and that $10,000 be authorized for additional industrial pretreatment testing and enforcement; now, therefore, be it RESOLVED, That an amount not to exceed $19,500 be transferred from account J1990, Restricted Contingency, to account J8150 -435, Joint Activity Contractual Services for such purpose. Carried Unanimously 11 October 3, 1990 A RESOLUTION AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE EXCAVATION AND REMOVAL OF UNDERGROUND FUEL TANKS ON CITY PROPERTY IN AND FOR SAID CITY. By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the excavation and removal of underground fuel tanks on City property in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $100,000 serial bonds of the City of Ithaca, Tompkins County, New York pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $100,000 and that the plan for the financing thereof is by the issuance of the $100,000 serial bonds of said City authorized to be issued pursuant to this bond resolution. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Common Council. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 88(b) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 12 J 14 ;' October 3, 1990 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Carried Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. and safety threat, and CD The question of the adoption of the foregoing resolution was duly () put to a vote on roll call, which resulted as follows: D Works, Capital Project #239 shall be established at a maximum estimated cost of $100,000 to dispose of said contaminated tanks Romanowski - Aye Daley - Aye ,Q Hoffman - Aye Blanchard - Aye Johnson - Aye Peterson - Aye Golder - Aye Schroeder - Aye Booth - Aye Cummings - Out of room at time of vote Carried Alderperson Cummings returned to the meeting at 9:20 p.m. 13 * 17 4 DPW - Request to Establish Capital Project #239 Pending the Ultimate Determination of Responsibility for Removal of Buried Tanks at 227 Linden Avenue By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, two contaminated tanks were found buried in front of 227 Linden Avenue, on land apparently owned by the City of Ithaca, and WHEREAS, these tanks were tested and found to contain high levels of gasoline, which, if left intact, could pose a serious health and safety threat, and WHEREAS, under applicable State law the City may be responsible for removing these tanks even though the City did not install them; now, therefore, be it RESOLVED, That based on a recommendation of the Board of Public Works, Capital Project #239 shall be established at a maximum estimated cost of $100,000 to dispose of said contaminated tanks on Linden Avenue, and be it further RESOLVED, That $40,000 be advanced from the General Fund to Capital Project #239 for such purpose, pending the ultimate determination of responsibility by the City Attorney. Alderperson Booth explained the resolution and City Controller Cafferillo addressed Council on the subject of the Bond Resolution. Carried Unanimously Alderperson Cummings returned to the meeting at 9:20 p.m. 13 E October 3, 1990 * 17.5 Request to Encumber Volunteer Fire Fighter Service Awards Program Funds By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That $30,000 appropriated in the 1990 General Fund Budget for the establishment of a Service Awards Program for Volunteer Fire Fighters, shall be encumbered for the purpose of enhancing this program in future fiscal periods. Carried Unanimously * 17.6 Amendment of Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Delete: One (1) Youth Worker - Grade 18 Add One (1) Youth Development Program Leader (Outing Program) - Grade 18 Carried Unanimously * 17.7 Amendment of Personnel Roster - Finance Department By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Personnel Roster of the Finance Department be amended as follows: Delete: One (1) Senior Account Clerk - Grade 6 Add One (1) Senior Account Clerk /Typist - Grade 6 Carried Unanimously * 17.8 Employee Incentive Award - Youth Bureau By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Youth Bureau Director has recommended Youth Program Coordinator John Bailey for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit contract, and WHEREAS, the Youth Bureau Director has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Youth Bureau Director's recommendation complies with the procedure and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That John Bailey's salary be increased by eight (8 %) percent to an annual salary of $21,288 effective September 19, 1990. Ayes (9) - Booth, Johnson, Blanchard, Schroeder, Hoffman, Peterson, Daley, Cummings, Romanowski Nay (1) - Golder Carried * 17.9 Employee Incentive Award - Youth Bureau By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Youth Bureau Director has recommended Office Manager Carol Wilson for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit contract, and WHEREAS, the Youth Bureau Director has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Youth Bureau Director's recommendation complies with the procedure and guidelines outlined in the CSEA Administration Unit contract; now, therefore, be it 14 0 149 October 3, 1990 RESOLVED, That Carol Wilson's salary be increased by eight (8 %) percent to an annual salary of $24,396, effective September 19, 1990. Ayes (9) - Peterson, Booth, Hoffman, Romanowski, Daley, Blanchard, Schroeder, Johnson, Cummings Nay (1) - Golder Carried * 17.10 Employee Incentive Award - Youth Bureau By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Youth Bureau Director has recommended Recreation Supervisor John Doyle for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit contract, and WHEREAS, the Youth Bureau Director has provided the Budget and Administration Committee with substantial justification for co granting this Employee Incentive Award, and CD WHEREAS, the Youth Bureau Director's recommendation complies with the procedure and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, percent to 1990. Ayes (9) - Booth, Peterson, Cummings, Daley, Hoffman, Schroeder, Hoffman, Blanchard, Romanowski Nay (1) - Golder Carried That John Doyle's salary be increased by eight (8 %) an annual salary of $30,535, effective September 19, * 17 11 Request Authorization to Recodify the City Code and Charter By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Mayor is authorized to enter into a contract with General Code Publishers Corp. for the purpose of recodifying and republishing the City of Ithaca Charter and Municipal Code. The terms of the contract are that the City shall pay to General Code Publishers Corp. a base price of $26,000 plus additional amounts for. new subject matter and substantial additions added to the Code after September 1, 1990, inclusion of specially composed or duplicated matter, preparation of pamphlets containing portions of the Code, additional volumes of the Code above the 100 copies which shall be provided for the base price and appendix material. Not more than one half the cost shall be paid in calendar year 1991 with the balance of the cost to be paid in calendar year 1992. The form of the contract shall be approved by the City Attorney, and be it further RESOLVED, That the Mayor is further authorized to take all appropriate steps to determine the City's arrangements with Municipal Consultants and Publishers, Inc. Carried Unanimously Capital Projects Review - Report Alderperson Booth reported that the Capital Projects Review Committee has distributed a memo with its recommendations to the Mayor and Council members. He stated that the memo is the result of extensive meetings by the committee in August and September. Alderperson Booth stated that there will be a public meeting regarding the proposed funding decisions on October 17th at 8:00 p.m. He said that copies of the memo are available in the City Clerk's Office. 15 Domestic Partnership - Report Alderperson Booth reported that the Domestic Partnership issue. The proposed resolution which will be November dealing with sick leave domestic partnerships. October 3, 1990 Committee has discussed the City Attorney is drafting a brought to the Council in and bereavement days for Alderperson Booth stated that the Committee's basic conclusion is that that is the only area under existing law in which the City has any real flexibility to provide a benefit to our employees. Trash Tags - Report Alderperson Booth stated that there will be a meeting to hear comments from the public regarding the trash tag system on October 17th at 7:00 p.m. * 17.15 Audit By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the bills presented, as listed on Audit Abstract ,#17/1990 in the total amount of $59,837.21 be approved for payment. Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: Sale of City Hall Annex Procedure By Alderperson Johnson: Seconded by Alderperson Schroeder WHEREAS, the Common Council of the City of Ithaca by resolution duly adopted at its regular meeting on October 7, 1987 declared the City Hall Annex, tax map number 70 -5 -24, 123 South Cayuga Street, surplus property, and WHEREAS, the property has been vacant for some time; now, therefore, be it RESOLVED, That the said property be sold pursuant to procedures to be adopted by this Council. Discussion followed on the floor regarding the procedure being followed and the number of votes needed to pass the resolution. Comments were made by several Alderpersons and questions answered by City Attorney Guttman. Ayes (7) - Blanchard, Romanowski, Cummings, Daley, Schroeder, Hoffman, Peterson Nays (3) - Johnson, Golder, Booth Motion Fails (Super Majority Needed) Mayor Nichols stated that at the Committee of the Whole meeting it was agreed that the motion that would be presented as the Main Motion would be the one transferring it to the IURA and that presumably a substitute motion would then be proposed as a second motion. The IURA resolution was put on the floor as follows: By Alderperson Schroeder: Seconded by Alderperson Cummings WHEREAS, Common Council of the City of Ithaca has resolved to sell the City Hall Annex property, tax map no. 70 -5 -24, 123 South Cayuga Street; now, therefore, be it RESOLVED, That the Ithaca Urban Renewal Director be and are hereby authorized Attorney for the agency to dispose of with the process set forth in applicabl, regulations including the IURA "Land dated 10/22/84, and be it further Agency and its Executive upon advice of the City the Annex in accordance a State and local law and Disposition Procedures" 0 19 f:f October 3, 1990 RESOLVED, That in determining the best proposal for the Annex, the IURA and its Executive Director shall consider the price offered for the premises and the effect that the proposed use of the premises will have on the general welfare of the community and the revitalization of the area surrounding the Annex, and be it further RESOLVED, That in accordance with the requirements of the IURA "Land Disposition Procedures" no such disposition shall be approved or executed without the express approval of a majority of the Common Council, and be it further RESOLVED, That any disposition will be subject to the following conditions: 1. That the property will be sold subject to binding review by the Ithaca Landmarks Preservation Commission for any changes to the exterior of the building; and co 2. The bridge between the Annex and City Hall will be a M part of this property but the entrance to City Hall from the bridge will be eliminated. CQ The Substitute Resolution was placed on the floor as follows so that both resolution could be debated. By Alderperson Hoffman: Seconded by Alderperson Booth WHEREAS, Common Council of the City of Ithaca has resolved to sell the City Hall Annex property, tax map no. 70 -5 -24, 123 South Cayuga Street; now, therefore, be it RESOLVED, That the City Attorney is hereby directed to undertake all necessary steps to sell the City Hall Annex to the highest bidder by receiving sealed bids, subject to the following terms or conditions: 1. The property will be sold subject to binding review by the Ithaca Landmarks Preservation Commission of any changes to the exterior of the building; 2. The bridge between the Annex and City Hall will be part .of this property but the entrance to City Hall from the bridge will be eliminated; and be it further RESOLVED, That this Council, by majority vote, shall reserve the right to reject any bid under $225,000.00. Discussion followed on the merits of these resolutions. Amendment By Alderperson Golder: Seconded by Alderperson Hoffman RESOLVED, That there will be a further condition added to the IURA resolution as follows: "That final approval by Common Council will be by Super_ Majority ". Ayes (2) - Golder, Hoffman Nays (8) - Booth, Daley, Cummings, Peterson, Romanowski, Blanchard, Golder, Johnson Motion Fails Alderperson Peterson suggested that in the Second Resolved of the IURA Resolution, the following be added in the third line, after the word premises, "the capability of the proposed purchaser to rehabilitate and develop the property ", and the effect .....etc. Alderperson Peterson's wording for the Second Resolved of the IURA Resolution was accepted and therefore added to the resolution. 17 October 3, 1990 Extensive discussion followed on the floor, with City Attorney Guttman answering questions from Council members. Amending Resolution By Alderperson Daley: Seconded by Alderperson Johnson RESOLVED, That in the Second Resolved of the IURA Resolution, the following be added after the words develop the property, "and possibly the requirement of sufficient funds in escrow to guarantee such rehabilitation and development ", and the effect .... etc. Carried Unanimously Amending Resolution By Alderperson Daley: Seconded by Alderperson Cummings RESOLVED, That at the end of the Second Resolved of the IURA Resolution, the following wording shall be added: "in prioritizing proposals one favorable consideration shall be a proposal in which the premises shall be owner occupied ", and be it further... Ayes (6) - Schroeder, Johnson, Cummings, Daley, Golder, Mayor Nichols Nays (5) - Blanchard, Romanowski, Hoffman, Booth, Peterson Carried Further discussion followed on the floor regarding the value and the cost of the Annex. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Romanowski RESOLVED, That there be an additional Resolved Clause to read as follows: "That Common Council recommends that the IURA only consider proposals at or above the appraised value ". Ayes (2) - Hoffman, Romanowski Nays (8) - Blanchard, Johnson, Daley, Cummings, Peterson, Golder, Schroeder, Booth Motion Fails Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That the 'Terms and Conditions for Sale of Annex' be attached to the resolution and recommended to the IURA. Carried Unanimously After further discussion, it was acceptable to the Council to change the date in #3 of the 'Terms and Conditions for Sale of Annex' to December 15, 1990. Alderperson Romanowski, for the record, stated that he has listened tonight, he has been through this before, and he understands now why the sale failed. He said that there is a building exactly one block away that is smaller and sold for twice the price of this one that was done by private developers. It houses a newspaper, has housing, has other business going on and the City did not interfere a bit with it and it is still a viable part of the downtown. Alderperson Romanowski stated that he was almost convinced to go with the IURA but after listening to the arguments tonight and condition upon condition being piled upon the sale of this building, which will probably not be followed, he thinks the City is asking for a disaster again and he thinks Alderperson Hoffman is correct. The City should do a clean sale on this - let the private developer get to it because he has seen private development that does do a good job downtown. He said if the Council is so worried about what is going to happen, then the 18 �1-4 co M Q October 3, 1990 Building Department and the Building Department procedures are the way to make sure what goes into that building is a credit to the City. Mayor Nichols explained that the motion to be voted on is the motion to substitute. If the Council votes yes, they will be moving to substitute the sealed bid mechanism for the proposed IURA mechanism. He said that the IURA mechanism includes all the amendments that have so far been adopted. Resolution to Substitute (Sealed bids) RESOLVED, That the Common Council accepts the substitute resolution for the sale of the City Hall Annex. Ayes (4) - Booth, Hoffman, Nays (6) - Johnson, Golder, Schroeder Romanowski, Blanchard Peterson, Cummings, Daley, Motion Fails Further discussion followed on the procedures for the sale of the Annex. Resolution (Transfer to IURA) The resolution with amendments will read as follows: WHEREAS, Common Council of the City of Ithaca has resolved to sell the City Hall Annex property, tax map no. 70 -5 -24, 123 South Cayuga Street; now, therefore, be it RESOLVED, That the Ithaca Urban Renewal Director be and are hereby authorized Attorney for the agency to dispose of with the process set forth in applicabl regulations including the IURA "Land dated 10/22/84, and be it further Agency and its Executive upon advice of the City the Annex in accordance e State and local law and Disposition Procedures" i 5:1 RESOLVED, That in determining the best proposal for the Annex, the IURA and its Executive Director shall consider the price offered for the premises, the capability of the proposed purchaser to rehabilitate and develop the property, possibly the requirement of sufficient funds in escrow to guarantee such rehabilitation and development, the effect that the proposed use of the premises will have on the general welfare of the community and the revitalization of the area surrounding the Annex, and in prioritizing proposals one favorable consideration shall be a proposal in which the premises shall be owner occupied, and be it further RESOLVED, That in accordance with the requirements of the IURA "Land Disposition Procedures" no such disposition shall be approved or executed without the express approval of a majority of the Common Council, and be it further RESOLVED, That any disposition will be subject to the following conditions: 1. That the property will be sold subject to binding review by the City for any changes to the exterior of the building; and 2. The bridge between the Annex and City Hall will be a part of this property but the entrance to City Hall from the bridge will be eliminated. 19 October 3, 1990 TERMS AND CONDITIONS FOR SALE OF ANNEX 1. Property shall be conveyed in its "as is" condition. 2. Property shall be conveyed by bargain and sale deed. 3. Proposals to the IURA or sealed bids shall be received by December 15, 1990. 4. Buyer shall post a non - refundable ten percent deposit at time of acceptance of bid or proposal by the City. 5. Closing shall take place within 60 days after acceptance of bid or proposal. 6. Balance of the purchase price shall be paid in cash or certified check. 7. Closing shall take place in City Hall. 8. City shall provide an abstract showing good and marketable title. The vote on the resolution was as follows: Ayes (6) - Peterson, Schroeder, Golder, Cummings, Daley Johnson Nays (4) - Booth, Hoffman, Romanowski, Blanchard Carried Sale-of Citv Hall Annex Procedures By Alderperson Golder: Seconded by Alderperson Peterson WHEREAS, the Common Council of the City of Ithaca by resolution duly adopted at its regular meeting on October 7, 1987 declared the City Hall Annex, tax map number 70 -5 -24, 123 South Cayuga Street, surplus property, and WHEREAS, the property has been vacant for some time; now, therefore, be it RESOLVED, That the said property be sold pursuant to procedures adopted by this Council. Ayes (9) - Booth, Golder, Romanowski, Blanchard, Cummings, Daley, Peterson, Johnson, Schroeder Nay (1) - Hoffman Carried UNFINISHED AND MISCELLANEOUS BUSINESS: Ithaca Transit Survey Alderperson Cummings stated that she is concerned about the methodology that is proposed to be used for the Ithaca Transit survey. She does not believe Council members can be expected to distribute the surveys to the residents. Discussion followed on the floor on what would be a better method for distribution. Motion to Refer to Committee By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the matter of the Ithaca Transit Survey be referred to the Board of Public Works for review and a different method of distribution be pursued. Carried Unanimously M 155 October 3, 1990 NEW BUSINESS- * 21.1 Appointment of Carolyn Peterson as Marriage Officer for the City of Ithaca By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, pursuant to Section 11 of the Domestic Relations Law, the Mayor is authorized to solemnize marriages, and WHEREAS, pursuant to Section 3.6 of the Ithaca City Charter the Acting Mayor is only authorized to act as Mayor when the Mayor is (Woo", unable to perform the duties of his office in consequence of sickness or absence from the City or if there shall be a vacancy in the office, and WHEREAS, as a result of the Mayor's schedule, occasions arise when the Mayor is requested to solemnize a marriage but is unable to do so, and WHEREAS, pursuant to Section 11 -c of the Domestic Relations Law, Common Council is authorized to appoint one or more marriage officers who shall have the authority to solemnize a marriage; now, therefore, be it RESOLVED, That Carolyn Peterson is hereby appointed Marriage Officer for the City of Ithaca, effective immediately, for a term d to expire on December 31, 1991, to serve in such capacity without compensation. Carried Unanimously * 21.2 Compliance Fees Alderperson Johnson read the following letter to the Council from Neal Howard, President of the Tompkins County Rental Housing Association, dated October 1, 1990: "We are writing in regard to the change in fees for Certificates of Occupancy obtained through the Building Department. We as a group appreciate the fact that the ordinance has been changed to a more reasonable rate structure. However this also raises questions as to the status of previously paid fees. Many members of our association have paid excessive fees for Certificates during the past year. What will the City's policy be for refunds of these fees? Please clarify your position for US. Thank you." Resolution By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the matter of refunds for Compliance Fees not be considered by the Common Council, and the City Attorney is instructed to reply to Mr. Howard in such fashion. Discussion followed on the floor. Alderperson Johnson stated that if the City had a policy that for some reason was deemed inequitable or exorbitant, he does not think the Council should say we are locked into that. He feels the Council should look into some procedure for it to be an equitable process. Alderperson Booth stated that he does not think the Council decided these fees were inequitable. The Building Commissioner and City Attorney recommended a better system and we adopted it. City Attorney Guttman, for the record, stated that the Council should make it very clear that there was careful discussion and at no time did the City make any decision that the prior fees were inequitable or exorbitant. 21 fir; October 3, 1990 A vote on the motion resulted as follows: Ayes (7) - Booth, Golder, Schroeder, Peterson, Blanchard, Romanowski, Cummings Nays (3) - Daley, Hoffman, Johnson Carried ADJOURNMENT: On a motion the meeting adjourned at 10:50 p.m. a o,/z C Callista F. Paolange-Al City Clerk 22 Benjamin Nichols Mayor