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HomeMy WebLinkAboutMN-CC-1990-12-05177 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. December 5, 1990 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Cummings, Johnson, Blanchard, Hoffman, Daley, Schroeder, Peterson, Golder, Romanowski OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Planning and Development Director - Van Cort Building Commissioner - Datz Acting Superintendent of Public Works - Gray (o Youth Bureau Director - Cohen M Fire Chief - Olmstead -� Personnel Administrator - Saul m City Chamberlain - Parsons City Prosecutor - Costello Q Volunteer Coordinator (Fire) - Lynch Municipal Training Officer (Fire) - Novak Deputy Fire Chief - Dorman Deputy Fire Chief - Wilbur Police Chief - McEwen Deputy City Clerk - Boyle Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: (400,11 Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the November 7, 1990 Common Council Meeting Alderperson Hoffman requested that on Page 14, for clarification purposes, the Amendment to the Substitute Resolution, read as follows: "RESOLVED, That the first sentence be changed to read: RESOLVED, That the review committee consist of the Mayor, the Chair and Vice - Chair, etc....." Resolution By Alderperson Golder: seconded by Alderperson Schroeder RESOLVED, That the Minutes of the November 7, 1990 Common Council meeting be approved with the clarification as noted by Alderperson Hoffman. Carried Unanimously DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Johnson deleted the reports under the Human Services Committee on Youth Opportunities and Department Head Evaluations. (4wel New Business Alderperson Golder moved to delete Item 21.1, a letter to President Bush in opposition to a military offensive against Iraq. Instead he will pass the letter around to Council and the Mayor for anyone's signature who wishes to sign. COMMUNICATIONS: Letter re Route 13 Widening Alderperson Blanchard read a letter from Mrs. Shawn Douglas of Spencer, N.Y., in support of the Route 13 widening. The letter is on file in the City Clerk's office. 1 fN ,y December 5, 1990 Letter re Finger Lakes Association Alderperson Romanowski read a letter from Ralph L. Jordan, County Counselor to the Finger Lakes Association, in regards to their request for funding. The letter in on file in the City Clerk's office. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Vehicle Idling Ordinance Lucy Bergstrom, 104 North Aurora Street, urged Council to pass the ordinance that is on tonight's agenda regarding Vehicle Idling. Postering Ordinance The following persons spoke to the Council in opposition to the Posterinq Ordinance that is on tonight's agenda: Eric Ott Peter Panek Francis Vanek Nancy Lauten David Galahand Marnie Lee Brian Gurgle Paul Sayvetz Ken Hallett #6 Fire Station for Homeless Shelter Paul Everts, Vice President of the Tompkins County Economic Opportunity Corporation and Chairman of the sub - committee on the homeless project, spoke to the Council in favor of the resolution on tonight's agenda for the use of #6 Fire Station for a homeless shelter. Funding for Neighborhood Legal Services The following persons spoke to Council requesting that the funding for the Neighborhood Legal Services program be restored: Myra Malkin - Alicia Plotkin Staff Attorney Services Staff Attorney Services for the Neighborhood Legal for the Neighborhood Legal Paul Bennett - Board of Directors of Neighborhood Legal Services Widening of Route 13 The following persons spoke to Council in favor of the proposed widening of Route 13: William Zikakis Bill Manos Mr. Guy Gerard spoke regarding the impact to the City if the Route 13 widening takes place. He asked that the Council make sure the voice of the City is heard before the State makes any decision on this project. Human Services Coalition Linda Beins, Director of the Human Services Coalition, stated to Council that the Coalition appreciates the support that Council has shown the agency and she asked that Council support the funding of agencies as requested. 2 179 December 5, 1990 Funding for The Learning Web Program The following persons spoke to Council regarding the funding for The Learning Web program: Jody White Ann Peters Michael Koplinka -Loehr Drop -in Center /Day Care and Child Development Council (4000, Aileen Wyatt, spoke to the Council regarding the funding for the drop -in center request for space for licensable child care. She urged Council to support the Drop -in Center. RESPONSE TO THE PUBLIC: Postering Ordinance Alderperson Romanowski gave background information on the Postering Ordinance and explained the reasons for having the ordinance enacted. co REPORT OF BOARD OF REPRESENTATIVES: M First Ward Rep Eric Lerner reported on the following matters: m 1991 County Budget - The County budget has been approved and Q about $75,000 was added to their budget for human services, multi - cultural services and new programs. Televising of Board of Reps Meeting - The Board of Reps approved televising their meetings at last night's meeting. Central Processing Facility - There has been lengthy discussion recently about how to divide up the public sector and private sector aspects of the facility. Some aspects, particularly the design and construction, are going to have to be contracted out to the private sector. There are questions about the operation of the facility itself and also the marketing aspect of recyclables. Mr. Lerner said there is a lot of documentation on that matter and he will get the information to the Council. Property Value Protection Plan - In regard to the question of the possibility of a property value protection plan for the vicinity of the Central Processing Facility site, as Mr. Lerner understands it, up to now the intent had been not to have any such plan for the Commercial Avenue neighborhood. He believes the question is on the agenda for the next meeting of the Neighborhood Advisory Committee. Finger Lakes Association Alderperson Hoffman stated that his understanding is that the County maintains the contract with this agency and that funding is directed there from the Room Tax. He said that he hopes that if the City decides that it is not going to include this item in its budget, that the County will argue that Finger Lakes Association should continue to recognize that the City of Ithaca is a part of Tompkins County and not take the City out of their book as some Council members have the impression they might do. F Mr. Lerner stated that gets into a fairly complex issue in County Wwoll government, where there has been a running controversy for a number of years about whether the County's tourism promotion dollars should go regionally to the Finger Lakes Association or more locally to the Tompkins County Chamber of Commerce and in the vote earlier this year, the move is more and more towards the Chamber of Commerce. 3 190 December 5, 1990 REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported on the following items: Parking Management Committee Report - the report is out in draft form. It has been sent to the committee members for review and is to be back to the Superintendent's office by December 10th and final reports will then be distributed to the Mayor, Board of Public Works and Council members at that time. DPW Project List for 1991 - the list has been submitted to the Board for review and on November 28th the Board passed a resolution authorizing the Engineering staff to conduct surveys and prepare preliminary plans for re- paving, rehabilitation, restoration or reconstruction of certain streets. The list is available in the Engineer's office if anyone would like a copy. Alderperson Blanchard's Procedures Committee recommendations for neighborhood participation in these projects will be the key element in the completion of any of the projects that are on the list. Route 13 Project - was discussed at the Committee of the Whole meeting today, as well as Item 17.2 on tonight's Council agenda. The Board felt that the resolution being presented tonight was inappropriate and premature at this time and requests the Council table the resolution until after the public meeting next week and until there is more public opinion on the proposed project. Superintendent's Position Vacancy - the Board has begun discussion on the Superintendent's position in addition to the upper level staffing of the Department of Public Works. The Board strongly recommends the Council remove the money from Restricted Contingency for the purpose of hiring a Director of Water and Sewer and that a search be commenced immediately. Break Down of Storm and Sanitary Sewer Svstems Alderperson Cummings reported on a problem in the 300 block of South Cayuga Street. Raw sewage has been spilling out of the sanitary system and has flooded a house in that block four times in the past month. She stated that she has a real concern about the whole system and she requested that the Board of Public Works make this a priority and take a look at this problem. Downtown Parking Fees - Alderperson Cummings stated that there was discussion with the Downtown Ithaca Inc. about a brochure to be handed out at the parking booths regarding the parking system and parking rates in the City. She remarked that she would be happy to work with the Board on this. Procedures for Dealing with City Emergencies Alderperson Johnson requested that the Board of Public Works work on a recommendation for a procedure to deal with emergencies such as the one that occurred on East State Street. Re- routing of Traffic re East State Street Emergency Alderperson Booth urged the Board to not allow parking on Mitchell Street, west of Cornell Street, for the duration of the emergency on East State Street. Alderperson Cummings left the meeting at 8:20 p.m. CITY ATTORNEY'S REPORT: Central Processing Facility Litigation City Attorney Guttman reported that Appellate Division to schedule a hearing rd we are waiting for the on the matter. ]81 December 5, 1990 Wallace Lawsuit re East State Street Repairs City Attorney Guttman reported that the City has had a lawsuit brought against it by Brenda and David Wallace for damages re the East State Street emergency repairs on the 900 - 1100 block of that street. A court date has been set for December 7. CHARTER AND ORDINANCE COMMITTEE: *16.1 An Ordinance Amending Chapter 65 Entitled 'Public Safety', Article II Entitled 'Public Conduct' Section 65.22 Entitled 'Bill Posting of the City of Ithaca Municipal ,Code Resolution to Refer Back to Committee By Alderperson Schroeder: Seconded By Alderperson Daley RESOLVED, That the Postering Ordinance be referred back to the Charter and Ordinance Committee for further review and consideration. Discussion followed on the floor. Alderperson Schroeder stated that he would be interested in (D hearing the proposals of the people who spoke on this subject to see what kind of accommodations might be worked out before the -� legislation is enacted. m A vote on the Resolution to Refer to Committee resulted as Q follows: Carried (9 -0) (Alderperson Cummings out of room) BUDGET AND ADMINISTRATION COMMITTEE: Mayor Nichols read the following from the City of Ithaca Administrative Code regarding budget procedures: "After the conclusion of the public hearing, the Common Council may strike items of appropriation or anticipated revenues from the proposed City budget or reduce items therein excepting appropriations required by law or for debt service. The Council may add items to or increase items in such budget, provided that such additions or increases are stated separately and distinctly. If the budget as passed by the Common Council contains any such additions, increases and /or decreases, the same shall be presented by the City Clerk to the Mayor not later than the tenth of December for his consideration of such additions, increases and /or decreases. If the Mayor approves all the additions, increases and /or decreases he shall affix his signature to a statement thereof and return the budget and such statement to the City Clerk. The budget, including the additions, increases and /or decreases, as part thereof, shall then be deemed adopted. The Mayor may object to any one or more of such additions, increases and /or decreases, and in such case shall append to the budget, a statement of the increases, additions and /or decreases to which he objects with the reasons for his objections, and shall return the budget with his objections to the City Clerk who shall present the same to the Common Council at a meeting to be held not later than the twentieth day of December. The Common Council shall there upon enter the objections and proceed to consider the additions, increases and /or decreases so objected to. If upon such consideration, two - thirds of the members of the Common Council, exclusive of the Mayor, vote to approve such additions, increases and /or decreases, or any of them, the budget with the additions, increases and /or decreases so approved, together with any additions, increases and /or decreases not so objected to by the Mayor, shall be deemed adopted." 5 8') December 5, 1990 Mayor Nichols stated that the budget that the Council will be acting on tonight includes the expected reduction in State aid proposed by the Governor, even though the Legislature has not yet acted on that proposal. He said the City will not be caught short if the additional 10% cut in State aid proposed by the Governor is adopted by the Legislature. Mayor Nichols made the following statement: "The Council and Department Heads have worked hard to reduce costs and to keep the property tax increase to the minimum possible consistent with maintaining the necessary physical infra - structure, providing for the health and safety of our citizens and providing human services. It makes no sense to postpone actions which only increase costs later. Similarly, the investment in human services is not only the responsibility of government, but it makes the City the kind of place to live in that we want and will save money for taxpayers in the long run. The figures that are being debated at the moment that I will discuss and others will be discussing center around a proposed increase in the City Property Tax Rate of 6.42 %. If that rate is adopted it would mean that for a property now assessed at $100,000., in the new assessment, the City tax for next year would be $730.00. The changes we are talking about involve changes of tenths of a percent. If an item in the budget we discuss tonight, involved $6,000.00 up or down, that would represent a tenth of one percent change in the City Tax Rate, which would be a change of $.73 in the tax for the year for a property assessed at $100,000. Mayor Nichols stated that he is proposing that certain deletions made in the Mayor's budget by the Budget and Administration Committee of the Whole be reinstated. He said that with the invaluable help of City Controller Cafferillo, they went through to see whether there were available increases they could make that would balance those reinstatements so that at least if these changes are made there would be no increase ih the City tax rate as presented. Mayor Nichols proposed reinstating $48,673 to the budget for the following items: 1. Reinstate Plan Review Officer - Building Department A3620 -110 $27,013 2. Reinstate Increase from 4/5 time to full time; Assistant City Attorney - Attorney A1420 -105 $ 9,000 3. Reinstate Police Department Overtime Police Department A3120 -125 $ 5,000 4. Reinstate Original Funding Request for Youth Employment Coordinator Human Service Agency Funding A1990 -435 $ 6,000 5. Reinstate Increase From 35 to 40 Hours for Fire Department Account Clerk /Typist Position Fire Department A3410 -105 $ 1,860 31 Total $48,873 December 5, 1990 PROPOSED METHODS OF FUNDING 1. Upon detailed review of the estimated tax rate presented as an estimate at the conclusion of the November 28, 1990 Budget and Administration Committee meeting, it has been determined that a $7.29 tax rate which represents a 6.4% tax increase will generate an additional $15,131 2. A tentative agreement with retiring Transit Supervisor Bernie Carpenter, wherein Bernie would provide continued supervision, grant administration and report preparation services by contract, would permit a further adjustment to the Department of Public Works budget. After allowance for Bernie's contract salary and final pay -out consideration, and the proposed amount of the not to exceed hourly rate contract, $20,000 could then be deducted from (� the A5630 -105 line, with that amount being subtracted from co that line $20,000 M 3. A review of Capital Project status and the projection of additional interest to be earned on Capital Project m balances invested through December 31, 1990 would permit Q the transfer from Capital Projects A2803 to be increased by $13,742 for the payment of General Fund Debt Service during 1991 $13,742 Total Adjustments $48,873 Mayor Nichols explained to Council his reasons for making these adjustments to the budget and presented his views for reinstating the Plan Review Officer in the Building Department. * 14.1 Adoption of 1991 Budget By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, this Common Council has reviewed the Executive Budget as proposed by Mayor Ben Nichols, and the Budget and Administration Committee recommendations, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues are adequate for the operation of the City for 1991; now, therefore, be it RESOLVED, That the City of Ithaca Budget for 1991, in the total amount of $29,795,659 be approved, and be it further RESOLVED, That the following sections of the 1991 Budget be approved: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) (N) (0) (P) (Q) General Fund Appropriations Water Fund Appropriations Sewer Fund Appropriations Joint Activity Fund Appropriations General Fund Revenues Water Fund Revenues Sewer Fund Revenues Joint Activity Fund Revenues Debt Retirement Schedule Capital Projects Schedule of Salaries and Positions - Schedule of Salaries and Positions - Schedule of Salaries and Positions General Fund Water & Sewer Fund - Joint Activity Fund Authorized Equipment - General Fund Authorized Equipment - Water Fund Authorized Equipment - Sewer Fund Authorized Equipment - Joint Activity Fund 7 1€3 3 191 December 5, 1990 Alderperson Booth offered the following Substitute Resolution for Item 14.1 as the language in this Resolution makes clearer what it is the Council is adopting tonight: WHEREAS, this Common Council has reviewed the Executive Budget as proposed by Mayor Ben Nichols, and the Budget and Administration Committee's recommendations for amending that proposed Executive Budget, and WHEREAS, this Common Council is now considering adoption of the Amendment Executive Budget for 1991 as approved by the Budget and Administration Committee, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 1991 and as those amounts may be altered by action of this Common Council at its December 5, 1990 meeting, are adequate for the operation of the City during 1991; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 1991, together with any additional changes made in said budget at Council's December 5, 1990 meeting as the City of Ithaca Budget for 1991 in the total amount of $29,795,659., and be it further RESOLVED, That the following sections of the said City of Ithaca Budget for 1991 be approved: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) (N) (0) (P) (Q) General Fund Appropriations Water Fund Appropriations Sewer Fund Appropriations Joint Activity Fund Appropriations General Fund Revenues Water Fund Revenues Sewer Fund Revenues Joint Activity Fund Revenues Debt Retirement Schedule Capital Projects Schedule of Salaries and Positions - Schedule of Salaries and Positions - Schedule of Salaries and Positions Fund Authorized Equipment - General Fund Authorized Equipment - Water Fund Authorized Equipment - Sewer Fund Authorized Equipment - Joint Activity General Fund Water & Sewer Fund - Joint Activity Fund Alderperson Booth thanked the Mayor, the Department Heads and the City Controller's Office for all their effort and work that has gone into compiling the City's budget for 1991. He also thanked the public for their input at the budget meetings. Alderperson Cummings arrived back at the meeting at 9:00 p.m. Mayor's Budget Adjustments By Alderperson Booth: Seconded by RESOLVED, That the Mayor's various a further amendment to the Budget Discussion followed on the floor. Alderperson Schroeder budget adjustments be added as that is before Council. Amending Resolution By Alderperson Daley: Seconded by Alderperson Blanchard RESOLVED, That the items proposed for Reinstatement and the Proposed Methods of Funding in the Mayor's various budget adjustments be voted on separately. E Carried Unanimously I rn December 5, 1990 After discussion, it was the consensus of the Council that each item of the Mayor's Items for Reinstatement shall be voted on separately. Acceptance of Mayor's Proposed Methods of Funding By Alderperson Schroeder: Seconded by Alderperson Booth RESOLVED, That the Mayor's Proposed Methods of Funding be accepted by the Common Council. Carried Unanimously Amending Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That this Council reinstates the position of Plan Review Officer, Line A3620 -110, in the amount of $27,013 in the 1991 City budget. Ayes (4) -'Peterson, Schroeder, Daley, Golder �. Nays (6) - Hoffman, Johnson, Romanowski, Blanchard, Booth, co Cummings Motion Fails M D Amending Resolution m By Alderperson Booth: Seconded by Alderperson Johnson 'Q RESOLVED, That $9,000., Line A1420 -105, be reinstated in the City budget for the increase in hours from 4/5 time to full time for the position of Assistant City Attorney. Ayes (8) - Booth, Johnson, Romanowski, Golder, Schroeder, Hoffman, Peterson, Daley Nays (2) - Blanchard, Cummings Carried Amending Resolution By Alderperson Booth: By Alderperson Johnson RESOLVED, That $5,000. be reinstated in the City budget for Police Department overtime, Line A3120 -125. Ayes (8) - Booth, Johnson, Peterson, Blanchard, Daley, Golder, Hoffman, Romanowski Nays (2) - Schroeder, Cummings Carried Amending Resolution By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That $6,000. be reinstated in the City budget for the original funding request for Youth Employment Coordinator, Line A1990, Restricted Contingency. Ayes (6) - Booth, Schroeder, Daley, Golder, Hoffman, Johnson Nays (4) - Cummings, Romanowski, Blanchard, Peterson Alderperson Booth noted for the record that this is not a City employee position. Carried Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Council reinstates $1,860 in the City budget for the increase from 35 to 40 hours for Fire Department Account Clerk /Typist position, Line 3410 -105. Ayes (6) - Booth, Johnson, Hoffman, Peterson, Golder, Romanowski Nays (4) - Schroeder, Cummings, Daley, Blanchard Carried C December 5, 1990 Amending Resolution By Alderperson Johnson: Seconded by Alderperson Golder RESOLVED, That $2,771. be reinstated in the budget for the Neighborhood Legal Services, Line A1011 -435. Alderperson Booth moved to amend the motion as follows: Amendment to Amending Resolution RESOLVED, "That the $2,771 be reinstated for the Neighborhood Legal Services by reducing the Cornell Cooperative Extension amount in the proposed budget from $5,000. to $3,000; by reducing the Human Services Coalition from $9,900. to $9,400; and by reducing the amount for the Community Arts Coalition from $10,000 to $9,829." There was no second to Alderperson Booth's motion to amend Alderperson Johnson's amending resolution. A vote on the Amending Resolution resulted as follows: Ayes (6) - Cummings, Johnson, Golder, Schroeder, Hoffman, Peterson Nays (4) - Daley, Romanowski, Blanchard, Booth Carried Amending Resolution By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That $9,000. be reinstated for the Learning Web - "Homeless Youth Project ", Line A1990 - Restricted Contingency, contingent upon securing a two -to -one match. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (7) - Blanchard, Daley, Johnson, Cummings, Golder, Schroeder, Peterson Nays (3) - Booth, Romanowski, Hoffman Carried Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Booth RESOLVED, That $1,207. be added to the budget for the Finger Lakes Association, Line A1012 -435. Ayes (4) - Romanowski, Johnson, Booth, Schroeder Nays (5) - Cummings, Daley, Golder, Hoffman, Peterson Abstention (1) - Blanchard (conflict of interest) Motion Fails Amending Resolution By Alderperson Golder: Seconded by Alderperson Schroeder RESOLVED, That $23,000. for a Dump Truck for Cass Park, Line A7182 -215, be deleted from the budget. Discussion followed on the floor with Acting Superintendent Gray answering questions from Council members. Ayes (6) - Golder, Schroeder, Cummings, Johnson, Hoffman, Peterson Nays (4) - Booth, Daley, Romanowski, Blanchard Carried Amending Resolution By Alderperson Daley: Seconded by Alderperson Blanchard RESOLVED, That $5,000. be added to Cass Park Equipment Maintenance, Line A7182 -476. 10 0 Pl- co M D Q 187 December 5, 1990 Amendment to Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Hoffman RESOLVED, That $3,000. be added to Cass Park Equipment Maintenance, Line A7182 -476. Ayes (5) - Booth, Golder, Schroeder, Hoffman, Peterson Nays (5) - Johnson, Daley, Cummings, Romanowski, Blanchard Mayor Nichols voted Nay, breaking the tie. Motion Fails A vote on the Amending Resolution to add $5,000. resulted as follows: Ayes (6) - Blanchard, Romanowski, Daley, Golder, Hoffman, Peterson Nays (4) - Schroeder, Booth, Cummings, Johnson Carried Amending Resolution By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That $2,000. be deleted from the Cornell Cooperative Extension, Line A1012 -435. Ayes (3) - Booth, Hoffman, Peterson Nays (7) - Blanchard, Romanowski, Cummings; Daley, Golder, Schroeder, Johnson Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That the new position, Youth Recreation Worker at GIAC, Line A7311 -110, be deleted from the budget. Ayes (3) - Blanchard, Booth, Romanowski Nays (7) - Hoffman, Johnson, Daley, Golder, Schroeder, Peterson Motion Fails Cummings, Recess Common Council recessed at 10:00 p.m. and reconvened in regular session at 10:20 p.m. Mayor Nichols reiterated what he had read to Council earlier from the City of Ithaca Administrative Code. Mayor Nichols stated that he plans to veto the deletion from his budget of the Plan Review Officer since the Council did not reinstate that item into the budget. He asked Council if there were any objection to having a vote now instead of at a later meeting on or before December 20th. There was no objection by Council members. Mayor's Veto Mayor Nichols informed the Council that he is vetoing the change in the Executive Budget which deletes the Plan Review Officer at a sum of $27,013. He stated that he believes, in the interest of the City and the running of the City, this position is needed and that the position, if instituted, together with other changes that he has already talked about, will mean that the City's economic position will be increased as a result of better and quicker action in terms of granting Building Permits, etc. He asked City Controller Cafferillo to explain what the results would be if Council overrides the veto. City Controller Cafferillo explained the adjustment that would be made to the appropriated fund balance. 11 M December 5, 1990 Motion to Override the Mayor's Veto By Alderperson Romanowski: Seconded by Alderperson Blanchard RESOLVED, That this Common Council overrides the Mayor's veto in regard to the position of Plan Review Officer. Discussion followed on the floor. A vote on the Motion to Override the Mayor's Veto resulted as follows: Ayes (6) - Booth, Blanchard, Romanowski, Cummings, Daley, Johnson Nays (4) - Peterson, Hoffman, Schroeder, Golder Motion Fails (7 votes needed) City Controller Cafferillo stated that the new total appropriation amount, including all the funds, will be $29,818,303. The new amount to be raised by taxes will be $6,526,967., the new total amended revenue amount will be $16,104,760. and the appropriated fund balance will be $1,000,647. in the General Fund. City Controller Cafferillo stated that the tax rate will be $7.29 per $1,000. The Main Motion as Amended shall read as follows: WHEREAS, this Common Council has reviewed the Executive Budget as proposed by Mayor Ben Nichols, and the Budget and Administration Committee's recommendations for amending that proposed Executive Budget, and WHEREAS, this Common Council is now considering adoption of Amended Executive Budget for 1991 as apprpoved by the Budget and Administration Committee, and WHEREAS, it is the consensus of this Common total approrpiations and estimated revenues, as Amended Executive Budget for 1991 and as tho altered by action of this Common Council its meeting, are adequate for the operation of the now therefore, be it Council that the set forth in said se amounts may be December 5, 1990 City during 1991; RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 1991, together with any additional chamges made in said budget at Council's December 5, 1990 meeting as the City of Ithaca Budget for 1991, in the total amount of $29,818,303, and be it further RESOLVED, That the following sections of the 1991 Budget be approved: (A) General Fund Appropriations (B) Water Fund Appropriations (C) Sewer Fund Appropriations (D) Joint Activity Fund Appropriations (E) General Fund Revenues (F) Water Fund Revenues (G) Sewer Fund Revenues (H) Joint Activity Fund Revenues (I) Debt Retirement Schedule (J) Capital Projects (K) Schedule of Salaries and Positions - General Fund (L) Schedule of Salaries and Positions - Water & Sewer Fund (M) Schedule of Salaries and Positions - Joint Activity Fund (N) Authorized Equipment - General Fund 12 D 1, 89 December 5, 1990 (0) Authorized Equipment - Water Fund (p) Authorized Equipment - Sewer Fund (Q) Authorized Equipment - Joint Activity Fund Main Motion As Amended A vote on the amended resolution resulted as follows: Ayes (9) - Booth, Blanchard, Daley, Golder, Johnson, Peterson, Cummings, Hoffman, Schroeder, Nay (1) - Romanowski Carried (9 -0) * 14.2 Adoption of 1991 Tax Rate By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the 1991 City of Ithaca Budget was approved, adopted and confirmed in the total amount of $29,818,303 on December 5, 1990, in accordance with a detailed Budget on file in the Office of the City Controller, and co WHEREAS, available and estimated revenues total $23,291,336, leaving $6,526,967 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1991, certified and filed by the Assessment Department of Tompkins County, has been footed and Q approved and shows the total net taxable valuation as $895,331,659, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $12,115,702 for 1991; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 1991, be, and the same hereby is, established and fixed at 7.29 per $1,000 of taxable valuation as shown, certified and (400.11 extended against the respective properties on the 1991 Tax Roll, thereby making a total tax levy, as near as may be, of $6,526,967, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $7.29 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $29,818,303 be appropriated in accordance with the Budget adopted, to the respective Boards, Offices and Departments of the City, for the purposes respectively set forth therein. The 1991 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Valuation of Land $ 528,349,180 Valuation of Buildings 1,568,381,297 13 December 5, 1990 Total Value of Real Property 2,096,730,477 Less: Value of Exempt Property 1,221,481,287 (57.70 %) 875,249,190 Plus: Value of Special Franchises 20,082,469 Net Value of Taxable Property $ 895, 331,659 A vote on the Tax Rate for 1991 resulted as follows: Ayes (9) - Booth, Johnson, Golder, Hoffman, Cummings, Peterson, Blanchard, Schroeder, Daley Nay (1) - Romanowski Carried City Controller Cafferillo thanked the Mayor, Common Council, Department Heads and City employees for their understanding and open mindedness in recognizing the serious financial position that the City currently finds itself in. He stated that many of the problems are passed down and imposed on us but he believes that the City is making many positive steps to prevent the City from falling into the same position that the State of New York and many other municipalities within the State are currently experiencing. Mayor Nichols, on behalf of Council, thanked City Controller Cafferillo for all his work and effort on the budget. * 14.3 Planning Department - Request to Authorize Contract for GIAC Renovations Conceptual Alternatives By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Sear Brown Group has been selected to perform engineering and architectural services in connection with proposed renovations at the GIAC facility; now, therefore, be it RESOLVED, That the Mayor be authorized to execute an agreement with the Sear Brown Group to prepare a conceptual design based on various cost estimates and phased work plans for such proposed renovation project. Carried Unanimously * 14.4 Youth Bureau - Request to Apply for New York State Division of Youth Grant for Southside Communitv Center Rehabilitation By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the New York State Division for Youth has made available to not - for - profit corporations and municipalities, funds for projects relating to the rehabilitation, construction and /or acquisition of Youth Centers directed toward providing community - based prevention services to at -risk youth, and WHEREAS, the rehabilitation of the Southside Community Center building can provide an effective opportunity to support and expand the organization's programs, particularly those targeted toward youths who are most at risk, and WHEREAS, the City owns and maintains the building occupied by the Southside Community Center, and WHEREAS, funds are made available on a competitive basis and no City match is required; now, therefore, be it RESOLVED, That the Youth Bureau be authorized to apply for funds to rehabilitate the Southside Community Center. Carried Unanimously 14 J 191 December 5, 1990 * 14.5 Youth Bureau - Request Approval to Continue Ithaca Youth Bureau Contractual Agreement By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the City of Ithaca is about to submit an application for continuation of the Youth Bureau project to the New York State Division for Youth for its approval, and if approved, to apply subsequently to the State of New York for partial reimbursement of funds expended on said project as provided by Chapter 556 of the Laws of 1945, as amended, and WHEREAS, this Resolution is to include Youth Bureau direct application, and Tompkins County application for Youth Initiatives including the continuation of agreements with Tompkins County Mental Health Services and New York State through Broome Developmental Services for Recreation Mainstreaming Services, and WHEREAS, if agreements are reached, this Resolution will also include the Town of Ithaca and Village of Lansing, and Tompkins co County Youth Services, inclusive of the Municipal Youth Services Plan; now, therefore, be it RESOLVED, That such application is in all respects approved and m Benjamin Nichols, Mayor, is hereby directed and authorized to Q duly execute and present said application to the New York State Division for Youth for its approval, and be it further RESOLVED, That this resolution shall take effect January 1, 1991. Carried Unanimously * 14.6 DPW Establishment of Capital Project #240 East State Street Culvert Reconstruction By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, a severe storm recently caused a large culvert to fail at 1100 East State Street, thereby creating a public emergency which seriously threatens the life, health and safety of city residents and public and private property at said location, and WHEREAS, the Board of Public Works at its meeting of November 14, 1990 declared a public emergency in accordance with Section 103 of the General Municipal Law, thereby negating the statutory requirement to bid said project; now, therefore, be it RESOLVED, That Common Council reaffirms the declaration of the public emergency created by said storm damage, and be it further RESOLVED, That a Capital Project #240 be established at an estimated cost not to exceed $300,000 to reconstruct said culvert, and to complete the required restoration of the affected area, and be it further RESOLVED, That this Capital Project shall be financed from existing New.York State Consolidated Highway Improvement funds in the amount of $150,000. and by issuance of Bond Anticipation Notes in the amount of $150,000. The issuance of Bond Anticipation Notes would be authorized under an existing Street Improvement Bond Resolution adopted March 7, 1990. Alderperson Hoffman stated that he would like to know what the scope of the project is as approved by the Board of Public Works. City Attorney Guttman responded that due to the litigation pending in regards to this project, any discussion on this matter should be done in executive session. 15 19 December 5, 1990 Alderperson Booth suggested that an executive session on this matter be held at the end of the meeting. There were no objections from Council members, therefore, the matter was deferred until after the executive session at the end of the meeting. * 14.7 DPW - Establishment of 1991 Trash Tag Program By Alderperson Booth: Seconded by Alderperson Blanchard WHEREAS, the City established a trash tag program in 1990 based on a County landfill tipping fee of $40.00 per ton, which resulted in 35 pound trash tags being sold at $10.00 per sheet of 12 stickers and 17 1/2 pound trash tags being sold at $5.00 per sheet of 12 stickers, and WHEREAS, the County has established a 1991 landfill tipping fee at $62.00 per ton, and WHEREAS, the Mayor's Budget recommends that the entire cost of operating the City's refuse collection and disposal program be funded through the sale of trash tags; now, therefore, be it RESOLVED, That the 17 1/2 pound trash tags be replaced with a 20 pound trash tag to more adequately accommodate smaller households, and be it further RESOLVED, That the cost of the 1991 trash tags be established at $13.00 per sheet of twelve - 35 pound trash tags and $7.00 per sheet of twelve - 20 pound trash tags, thus, reflecting the County's increase in landfill tipping fees from $40.00 to $62.00 per ton, the City's costs of refuse collection, and the City's cost of program administration, and be it further RESOLVED, That 1991 trash tags shall be sold beginning on December 20, 1990, and that 1990 trash tags shall be sold only until December 20, 1990 after which time 1990 trash tags may be exchanged for credit against the acquisition of 1991 trash tags, and be it further RESOLVED, That bags and cans with 1990 trash tags will be accepted up to, but no later than January 6, 1991. Discussion followed on the floor with Alderperson Booth explaining and giving background information on the resolution. A vote on the resolution resulted as follows: Carried Unanimously * 14.8 Fire Department - Request to Purchase Equipment from State Aid for Code Enforcement Funds By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the authorized equipment list of the Fire Department be amended to include one IBM Laser Printer at a cost not to exceed $2,442., and be it further RESOLVED, That this acquisition of equipment and the balance required to complete modifications to existing data communications equipment be funded by transferring $2,765.49 from 1990 New York State Building and Fire Code Aid currently held in Account A690 -6. Carried Unanimously * 14.9 City Attorney - Request to Approve Contract for New York State Alternative Energy Development Grant By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has submitted to the New York State Energy Research and Development Authority a proposal for the New York State Energy and Research Development Authority to contribute 50 percent funding toward a $50,000. study of an 16 J J 193 December 5, 1990 alternative energy development program with the City's 50 percent contribution ($25,000.) to come from in -kind services, and WHEREAS, the New York State Energy Research and Development Authority has selected the City to receive funding; now, therefore, be it RESOLVED, necessary carry out Discussio] questions A vote on That the Mayor is hereby authorized to execute all and appropriate documents to obtain such funding to such project. Z followed on the floor with Mayor Nichols answering regarding the project. the resolution resulted as follows: Carried Unanimously * 14 10 Finance Department - Request to Allow Tompxi.ns c;ounzy Social Services to Purchase Trash Tags co By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Tompkins County Department of Social Services has established a program to subsidize the sale of trash tags to low D income residents; now, therefore, be it m RESOLVED, That the City Chamberlain is authorized to sell 100 sheets of City trash tags (35 pound tags) to the Tompkins County Department of Social Services for the base tipping fee cost of $8.40 per sheet; until December 31, 1990, and be it further RESOLVED, That Common Council reaffirms its procedure that if the Tompkins County Department of Social Services has trash tags remaining at December 31, 1990 that those tags must be returned to the City Chamberlain's Office, and be it further RESOLVED, That Common Council reserves determination of future City participation in this program, subject to an evaluation of criteria established by the County for the distribution of such tags by Social Services. Ayes (9) - Booth, Johnson, Romanowski, Golder, Hoffman, Peterson, Cummings, Blanchard, Schroeder Nay (1) - Daley Carried * 14.11 Finance Department - Request the Addition of Delinquent Taxes to 1991 City Tax By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the notice of tax sale, as required by City Charter, was not published for 805 East Seneca Street, and WHEREAS, the lien of this property was not sold at the 1990 City Tax sale since proper notice had not been given, and WHEREAS, taxes on this property remain unpaid, and WHEREAS, Section 4.11 of the City Charter allows addition of these taxes to the next tax levy; now, therefore, be it (40001, RESOLVED, That Common Council hereby authorizes the addition of these 1990 taxes and any appropriate penalties to the 1991 City Tax levy. Carried Unanimously 17 December 5, 1990 * 14.12 Finance Department - Approval of Civil Service Agreement By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for the period July 1, 1990 to June 30, 1991, in an amount of $17,315.40, payable to the City of Ithaca on or before November 11 1990. Carried Unanimously * 14.13 Bond Resolution - Green Street Ramp Reconstruction By Alderperson Booth: Seconded by Alderperson Schroeder A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,187,500 SERIAL BOND OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, AND THE EXPENDITURE OF $62,500 MONIES FROM THE PARKING RESERVE FUND OF SAID CITY, TO PAY THE COST OF THE RECONSTRUCTION OF THE GREEN STREET PARKING GARAGE OF AND FOR SAID CITY. 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 part of the cost of the reconstruction of the Green Street Parking Garage, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $1,187,500 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid reconstruction is $1,250,000., and that the plan for the financing thereof is as follows: a. By the issuance of the $1,187,500. 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; and b. By the expenditure of $62,500 monies from the Parking Reserve Fund of said City, which monies are hereby appropriated therefor, and which monies shall constitute the down payment required pursuant to Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. 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 bonds 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 bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. 18 I `i 5 December 5, 1990 Section 5. 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 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 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially co complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (^D 3) Such obligations are authorized in violation of the Q provisions of the Constitution. 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. A roll call vote on the foregoing resolution resulted as follows: Cummings - Aye Peterson - Aye Johnson - Aye Booth - Aye Blanchard - Aye Daley - Aye Schroeder - Aye Romanowski - Aye Hoffman - A Golder - Aye e carried unanimously * 14.14 DPW - Request for Salary Increase By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That William Gray be and hereby is appointed to serve as Acting Superintendent of Public Works, with a temporary ten (10 %) percent increase in base salary, retroactive to October 18, 1990. Carried Unanimously * 14.15 Finance Department - Request to Hire Above Minimum Salary By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That Barbara Mateson be appointed to the position of Account Clerk /Typist in the Finance Department at an annual salary of $12,923., that being Step 4 on the 1990 CSEA Administrative Unit Compensation Plan, effective December 17, 1990. Ayes (9) - Booth, Cummings, Johnson, Daley, Hoffman, Romanowski, Peterson, Blanchard, Schroeder Nay (1) - Golder Carried * 14.16 Audit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the bills presented, as listed on Audit Abstract #21/1990 in the total amount of $43,969.76., be approved for payment. Carried Unanimously 19 19 (► December 5, 1990 * 14.17 Planning Department - Appointment of Deputy Director of Planning and Development By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Herman Sieverding be appointed to the position of Deputy Director of Planning and Development at an annual salary of $42,800 for 1990, effective December 31, 1990. Discussion followed on the floor. A vote on the resolution resulted as follows: ".40) Carried Unanimously * 14.18 City Attorney - Purchase of Property By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the City purchase for the cost of $163,500 plus closing costs the property known as the B T Glass property situate at 201 -205 East Tompkins Street, City of Ithaca on the terms of the purchase offer dated November 20, 1990 and the attached addendum with the following modifications: 1. The addendum would be modified to allow seller to remain in possession until February 28, 1991 instead of March 1, 1991. 2. That this contract would be conditioned and contingent upon the satisfactory environmental assessment of the site to be completed by the City, at the City's expense, on or before December 31, 1990, and be it further RESOLVED, That the City Controller is hereby authorized to advance available General Fund monies to temporarily pay the cost of said acquisition, pending the issuance of bond anticipation . notes to be authorized for such purpose, and be it further RESOLVED, That the Mayor and the City Attorney are hereby authorized to take all appropriate steps to effectuate the purchase of such property. Alderperson Booth explained the resolution and Mayor Nichols explained the reasons the City is interested in buying this property. Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That there be a further Resolved clause added to read as follows: "RESOLVED, That the Mayor is hereby directed to begin taking those steps necessary to effect the use of this property for child day care purposes, such steps to be subject to approval by this Common Council." Discussion followed with City Attorney Guttman answering questions from Council members. A vote on the Amending Resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: * 16.2 An Ordinance Amending Chanter 60 Entitled 'Traffic and Vehicles' by Addinct Section 60.66 Entitled 'Vehicle Idlina' of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Schroeder WHEREAS, it is in the interests of the City of Ithaca to protect its air quality; and 20 197 December 5, 1990 WHEREAS, it is also in the interests of the City of Ithaca to avoid over consumption of fossil fuels; NOW, THEREFORE, the following ordinance is hereby adopted: ORDINANCE NO. 90- AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code is hereby amended as follows: 1. A new section to be known and designated as Section (�- 60.66 under Article 6 entitled Vehicle Idling is hereby added to co said chapter to read as follows: M "Section 60.66 Vehicle Idling (� A. Applicability. Q This section shall apply to all motor vehicles defined in Article 1 of the Vehicle and Traffic Law of the State of New York. B. No person who owns, operates or leases a motor vehicle or who owns, leases or occupies land and has the actual or apparent dominion or control over the operation of a motor vehicle on such land shall allow or permit the engine of such motor vehicle to idle for more than five consecutive minutes when the motor vehicle is not in motion, except as otherwise permitted by subdivision C of this Section. Any person who violates the provisions of this section shall be guilty of a violation and upon conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars ($250.00) or imprisonment of not more than fifteen (15) days, or both such fine and imprisonment. 21 C. Exceptions. The prohibitions of subdivision B of this section shall not apply when: 1. The motor vehicle is forced to remain motionless because of traffic conditions over which the operator thereof has no control. 2. Regulations adopted by federal, state or local agencies having jurisdiction require the maintenance of a specific temperature for passenger comfort. The idling time specified in subdivision B of this section may be increased, but only to the extent necessary to comply with such regulations. 3. The engine is being used to provide power for an auxiliary purpose such as loading, discharging, mixing or processing cargo; controlling cargo temperature; construction; farming; or operation of the engine is required for the purpose of maintenance. 4. Fire, police and public utility trucks or other vehicles are actually performing emergency services. D. Penalties for violation. Any person who violates the provisions of this section shall be guilty of a violation and upon conviction thereof shall be punishable by a fine not to exceed two hundred and fifty dollars ($250.00) or imprisonment of not more than fifteen (15) days, or both such fine and imprisonment. 21 1')1; December 5, 1990 Section 2. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. (Effective December 21, 1990) Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Booth, Johnson, Cummings, Daley, Romanowski, Peterson, Hoffman, Schroeder Nay (1) - Blanchard Carried (8 -1) Alderperson Golder was out of room at time of vote. * 16.3 An Ordinance Amending Chapter 39, Entitled 'Site Development Plan Review', Section 39.5 (D)(1)(a)(xv) Entitled 'Preliminary Site Development Plan Review' and Section 39.6(G) Entitled 'Review Criteria' of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Hoffman ORDINANCE NO. 90 - AN ORDINANCE AMENDING CHAPTER 39, ENTITLED 'SITE DEVELOPMENT PLAN REVIEW', SECTION 39.5 (D)(1)(a)(xv) ENTITLED 'PRELIMINARY SITE DEVELOPMENT PLAN REVIEW' AND SECTION 39.6 (G) ENTITLED 'REVIEW CRITERIA' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 39.5 (D)(1)(a)(xv) of the City of Ithaca Municipal Code be amended to read as follows: "type and location of existing vegetation on the site and information as to any trees on the site which are to be removed." Section 2. That Section 39.6(G) of the City of Ithaca Municipal Code be amended to read as follows: "The project shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development, and to screen or buffer adjacent uses in public ways. Where possible and reasonable, trees shall be planted in a strip adjacent to the road. The City Forester shall, when appropriate, be consulted regarding specifications governing tree species, size, spacing and method location of planting. Appropriate guarantees for tree health may be required. Where possible and reasonable, any trees greater than ten inches (1011) DBH of desirable species and in good health and sound structure, as determined by the City Forester, should be retained on the site and protected during development per the requirements of Section 71.8(2) of the City Tree Ordinance." Section 3. Effective date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. (Effective date December 21, 1990) 22 Carried Unanimously J D 199 December 5, 1990 * 16.4 An Ordinance Amending Chapter 31 Entitled 'Subdivision Regulations', Section _31.3 (B) (8) Entitled 'Shade Trees' of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Johnson ORDINANCE NO. 90- AN ORDINANCE AMENDING CHAPTER 31 ENTITLED "SUBDIVISION (600" REGULATIONS ", SECTION 31.3(B)(8) ENTITLED 'SHADE TREES' OF THE CITY OF ITHACA MUNICIPAL CODE" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: That Section 31.3(B)(8) of the City of Ithaca Municipal Code shall be amended to read: 118. Shade trees. The Board of Planning and Development may require the planting of trees within the space between the pavement and the edge of the right -of -way of any new subdivision, street or m portion thereof. Tree species, size, spacing and method and Q location of planting shall be as directed or approved by the Board in consultation with the City Forester and shall conform with the guidelines and specifications of the City's Tree Ordinance, if any. Appropriate guarantees for tree health may be required. If appropriate, existing trees may be utilized." Section 2. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. (Effective December 21, 1990) Alderperson Booth suggested that the word "Shade" be deleted from the title of the ordinance. There was no objection from Council members, therefore, the word "shade" will be deleted when the Ordinance is published. A vote on the resolution resulted as follows: Carried Unanimously * 16.5 An Ordinance Amending Chapter 71 Entitled 'Protection and Maintenance of Trees and Shrubs on City Property' of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca enjoys a beautiful and healthy environment in which many persons live and work, and WHEREAS, the protection, maintenance and planting of trees and shrubs on City property are important in order to: A. Aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge and storm -water runoff retardation; B. Conserve energy by shading and wind abatement; C. Contribute to the reduction of noise and glare; D. Provide habitats for birds that might not otherwise be found in urban and suburban environs; E. Provide visual buffering and enhance the beautification of the City of Ithaca; 23 ;00 December 5, 1990 F.Preserve, protect and restore the unique identity and environment of the City of Ithaca and preserve the economic base attracted to Ithaca by such factors, and WHEREAS, the City of Ithaca wishes to provide for the protection and maintenance of trees and shrubs on City property; now, therefore, the following ordinance is hereby amended: ORDINANCE NO. 90- AN ORDINANCE AMENDING CHAPTER 71 ENTITLED "PROTECTION AND MAINTENANCE OF TREES AND SHRUBS" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 71 entitled "Protection and Maintenance of Trees and Shrubs" is hereby amended to read as follows: CHAPTER 71 PROTECTION AND MAINTENANCE OF TREES AND SHRUBS Section 71.1 Purpose This ordinance regulates the planting, maintenance, protection and removal of trees and shrubs on public streets, parks and other city -owned property; provides for a Shade Tree Advisory Committee; and establishes the office of a City Forester in the Department of Public Works. This ordinance also provides for the issuing of permits for the planting, maintenance, protection and removal of trees and shrubs in city -owned places. Section 71.2 Short Title This ordinance shall be known and may be cited as the "City Tree Ordinance." Section 71.3 Definitions The following terms shall have meanings provided in this section, unless their context requires otherwise; 1. "City agency" means any department, board, commission, committee, or other entity within the government of the City of Ithaca. 2. "Person" means any corporation, firm, partnership, association, trust, estate, one or more individuals, and any unit of government or agency or subdivision thereof except for a city agency. 3. "Trees and shrubs" means any woody plants which have self - supporting, above - ground parts which are viable year round. 4. "DBH" (Diameter Breast Height) means the diameter of tree trunks at a height of 416" from the finished grade at the base of the tree. 5. "Caliper inch" means the diameter in inches of the tree trunk 12" above the base of the tree. 24 201 December 5, 1990 Section 71.4 Authority and Responsibilities 1. The office of the City Forester is hereby established in the Department of Public Works. 2. The City Forester, in consultation with the Shade Tree Advisory Committee (STAC) and the Board of Public Works, shall have the authority to implement and enforce the provisions of this ordinance. 3. In furtherance of the purpose of this ordinance, the Board of Public Works, in consultation with the City Forester and STAC, shall have the authority to adopt rules and regulations regarding arboricultural specifications and standards of practice and such additional rules and regulations as the Board determines are necessary. These regulations shall govern the planting, maintenance, removal, fertilization, pruning and protection of trees and shrubs on public streets, parks or other city property. CD 4. In the absence of the City Forester, the duties of that M office shall be the responsibility of the Supervisor of Parks and Forestry within the Department of Public Works. m Section 71.5 Shade Tree Advisory Committee a There shall be a Shade Tree Advisory Committee consisting of the following: at least six persons appointed by the Mayor with the consent of Common Council, two - thirds of whom must be city residents. Members shall serve terms of three years, with two of the original members serving three -year terms beginning in 1989, two of the original members serving two -year terms beginning in 1989, and two of the original members serving one -year terms beginning in 1989. Members may be reappointed for additional terms. The members of the committee shall pick a chairperson at the first meeting of each year on or following January 1. Section 71.6 Planting, Maintenance, Removal or Replacement 1. No person or city agency shall plant, spray, fertilize, prune, remove, replace, or otherwise disturb any tree or shrub on any public street, park or other city -owned property without first submitting a written request therefor and obtaining written permission from the City Forester. Requests for written permission shall be acted on within five (5) business days of filing the written request with the City Forester. All work for which such permission is given shall be done in accordance with the Department of Public Works' rules and regulations adopted pursuant to Section 71.4 of this ordinance. 2. Persons or city agencies conducting regular maintenance work on trees or shrubs may be granted general permits to cover their work on a yearly basis. 3. Except as provided in subdivision 4, whenever a person or city agency obtains written permission pursuant to Subdivision one of this Section to remove a tree or shrub from any city -owned land for the purpose of construction, or for any other reason, such person or agency shall subsequently replace the tree or shrub within one year of the issuance of the tree removal permit in a location to be determined by the City Forester somewhere in the city or have the city replace such tree or shrub at the expense of the person who obtained such permission. Such replacement shall meet the standards of size, species, and placement as provided for in the tree removal permit issued by the City Forester. Unless the City Forester, for good cause, determines otherwise, trees shall be replaced by the 25 20? December 5, 1990 caliper inch, such that for every inch diameter (DBH) removed an equal number of caliper inches shall be replaced. (e.g. the removal of one 12" DBH tree shall necessitate the planting of six 2" caliper trees or four 3" caliper trees, etc.). 4. It is the responsibility of the City Forester to determine if trees or shrubs on city -owned property are hazardous and to remove dead or hazardous trees or shrubs from city -owned property. If replacement is recommended by the City Forester, the city shall replace the tree or shrub within one year of removal. 5. Wherever it is necessary to remove a tree or shrub from a public right -of -way in connection with the paving of a sidewalk, or the paving or widening of a street, the city or responsible agency or person shall replant such tree or shrub or replace it. If conditions prevent planting in the right -of -way, this requirement may be satisfied by planting on the adjoining property if the property owner agrees. 6. Requests from private citizens that new street trees be planted near their property shall be accommodated in accordance with planting priorities set by the City Forester in consultation with STAC and the Board of Public Works. 7. Specifications governing tree species, size, spacing and method and location of planting shall be approved by the City Forester. Inspection of the trees by the City Forester shall be carried out, whenever possible, prior to planting in order to ensure tree health and quality. Whenever any person is required to replace a tree pursuant to this ordinance, a one -year guarantee of the tree's health shall be provided for such replacement trees. 8. Excavation within the street right -of -way for the purpose of compliance with this section shall not be undertaken without a permit from the City Engineer. Section 71.7 Abuse or Mutilation of Public Trees and Shrubs Unless specifically authorized in writing by the City Forester, no person or city agency shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on city -owned property; attach any rope, wire, nails, advertising posters, or other contrivance to any such tree or shrub; allow any gas, liquid, or solid substance which is harmful to any such tree or shrub to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on city property. Written authorizations for any action governed by this section may be obtained in the same manner as provided in Section 71.6 of this ordinance. Section 71.8 Protection of Public Trees and Shrubs 1. Without written permission from the City Forester, no person or city agency shall a) undertake any construction or development activity, (including but not limited to the excavation of any ditches, tunnels, or trenches, or the laying of pavement), within the dripline of any city tree or shrub, or b) move or park vehicles associated with any construction or development activity which may affect any tree or shrub on city property. 2. Unless the City Forester, for good cause, determines otherwise, all trees or shrubs on any public street or other city -owned property directly impinging on any excavation or construction of any building, structure, or street work, shall be guarded as follows: a) for trees or shrubs with a crown spread 26 0 December 5, 1990 of eight feet or less, a substantial fence, frame or box not less than four feet high and eight feet square shall surround the tree or shrub; b) for a tree or shrub with a crown spread over eight feet, a fence not less than 4 feet high shall be placed at least at the tree or shrub's dripline or at a distance prescribed by the City Forester. All building material, soil, or debris shall be kept outside these barriers. (600.1 3. No person or city maintain upon any public sand, concrete, or other passage of water, air, and shrub growing thereon, e Forester. CO CO agency shall deposit, place, store, or place of the city any stone, brick, materials which may impede the free fertilizer to the roots on any tree or xcept by written permit of the City 4. Any written permission required by this section may be obtained in the same manner as provided for in Section 71.6. Section 71.9 Obstructions Caused by Trees or Shrubs on Property Ad-ioining Public Streets 1. It shall be the duty of any person owning real property bordering on a public street to ensure that trees and shrubs on that property are pruned in a manner that will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view of any street or alley intersection. If trees are interfering with utility wires, it is the obligation of the appropriate utility company to correct the situation. 2. Should any person owning real property bordering on any public street fail to comply as herein above provided, the City Forester shall order the owner to take corrective action within 15 days after receipt of written notice. 3. The order required herein shall be served by mailing a copy of it to the last known address of the property owner. 4. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the city to prune such trees or shrubs, or to pay for such pruning, and the cost thereof shall be assessed to the owner. Section 71.10 Coordination of Review 1. When plantings are to be done on projects that also require site development plan review (ch.39), the City Forester and Site Development Plan Review officer shall coordinate review of the proposed planting plan. Section 71.11 Emergency Work 1. This ordinance shall not govern any emergency activity immediately necessary to protect life, safety or property, or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on city property from unnecessary damage. 2. Any person or city agency engaged in any action covered by subdivision 1 shall make a reasonable effort to notify the City Forester prior to commencing that action and shall in any event, provide written notice of the emergency and the work done by the City Forester within three calendar days of commencing that work. 27 20 ;� () I December 5, 1990 Section 71.12 Appeal Process Should a dispute arise in the administering of this ordinance, an appeal can be requested by petitioning in writing the City Forester. The City Forester will have five (5) working days to reply in writing. Should this provide an unsatisfactory resolution, a second appeal can be requested by petitioning the Superintendent of Public Works. In such event, the Superintendent of Public Works shall consult with the City Forester. The Superintendent will have ten (10) working days from the filing of the second appeal to reply in writing. Should this also provide an unsatisfactory resolution, a third appeal can be requested by petitioning the Board of Public Works. The Board of Public Works will act upon the petition within thirty (30) days from the date of receiving the petition. Section 71.13 Violation and Penalty Any person who violates or fails to comply with any of the provisions of this ordinance shall be guilty of a violation, and upon conviction thereof shall be fined a sum not more than $250 plus the cost of rectifying damage to any tree or shrub on city - owned property. Section 71.14 Separability 1. Should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid. Section 2. Effective Date. This ordinance shall take effect upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. (Effective date December 21, 1990) Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That Section 71.6, subdivision 3, shall remain as it currently exists. Ayes (3) - Booth, Blanchard, Romanowski Nays (7) - Cummings, Daley, Golder, Johnson, Peterson, Hoffman, Schroeder Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Peterson, Hoffman, Daley, Cummings, Schroeder, Johnson, Golder Nays (3) - Blanchard, Booth, Romanowski Carried * 16.6 An Ordinance Amending Chapter 30 Entitled 'Zoning', Sections 30.37 (B) (1) (c) (3) and 30.37 (B) (2) (c) , Entitled 'Screening' of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Peterson: Seconded by Alderperson Golder RESOLVED, That Ordinance No. 90 - entitled "An Ordinance Amending Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further F-3 19, X115 RESOLVED, That the Common Council the matter of the adoption of the in the Common Council Chambers, Street in the City of Ithaca, New of January 1991, at 7:00 P.M. in it further December 5, 1990 shall hold a public hearing in aforesaid ordinance to be held City Hall, at 108 East Green York on Wednesday, the 2nd day the evening of that day, and be RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, (Worl specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen (15) days prior to the public hearing. ORDINANCE NO. 90- AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING"', OF THE CITY OF ITHACA MUNICIPAL CODE. CD BE IT ORDAINED AND ENACTED by the Common Council of the City M of Ithaca, New York, as follows: m Section 1. That Chapter 30.37 (B) (1) (c) (3) , entitled d 'Screening' shall be amended to read: The entire parking area (except for entrances or exits) must be enclosed with landscaping or other safe and attractive barrier, kept to a minimum height of four (4) feet in order to protect adjacent uses from emissions, light or glare from the parking area. Where appropriate, plantings within the lot may be required. The parking area also must be kept free of refuse." Section 2. That Chapter 30.37(B)(2)(c), entitled 'Screening' shall be amended to read: The entire parking area (except for entrances or exits) must be enclosed with landscaping or other safe and attractive barrier, kept to a minimum height of four (4) feet in order to protect adjacent uses from emissions, light or glare from the parking area. Where appropriate, plantings within the lot may be required. The parking area also must be kept free of refuse." Section 3. A new section to be known and designated as Section 30.37(C) (5) shall be added to said chapter to read as follows: 5. "Screening The entire parking area (except_ for entrances or exits) should, where appropriate, be enclosed with landscaping or other safe and attractive barriers, kept to a minimum height of 41, in order to protect adjacent uses from emissions, light or glare from the parking area. Where appropriate, plantings within the lot may be required. "The parking area also must be kept free of refuse. Section 4. A new section to be known and designated as Section 30.37(D) shall be added to said chapter to read as follows: "D Planting of parking areas. In determining the planting or screening requirements of parking areas, the following guidelines shall be considered: 1 Peripheral planting. a) Most parking spaces or lots within visual access to the street right -of -way should have a visually modifying screen composed of vegetation or a berm or fence and vegetation combination After three years the screen should occupy 75% of a vertical rectangular plane at least 316" high from the periphery of the parking area that is seen from the right -of -way. The planting area should be a minimum of 5' wide and 10' long. All plant materials should be a minimum of 18" when planted. 29 December 5, 1990 b) All planting strips should be excavated to 3' and either existing or new soil worked to a good planting tilth as determined by the Citv Forester. 2. Planting within the lot. In addition to the peripheral planting suggested above for all parkinq areas of 10,000 square feet or 40 or more parking spaces, a minimum of 5% of the interior should also be planted with trees. Planting areas should be a minimum of 300 square feet with a minimum dimension of 5' Every effort should be made to have the planting areas located so as to afford shade to parking spaces. Soil should be properly excavated and prepared. Standard or multi - stemmed trees, spaced 15' to 40' apart, depending on tree species, should be planted. When feasible, shrubs should also be incorporated into the planting bed to provide a dense vegetation buffer. Curbs or bollards should also be used so as to protect trees from damage caused by vehicles Planting areas should be mulched with 3" of shredded bark or other materials acceptable to the City Forester. 3. Preservation of existing trees on site. Existing trees may be used to fulfill the above auidelines and additional credit given to them according to the following schedule, provided they are in good health and have been adequately protected during construction as determined by the City Forester: Existing Size 2" - 4" caliper tree 5" - 8" caliper tree 9" - 12" caliper tree 12" - 18" caliper tree Greater than 18" caliper tree Credit toward required planting area Same as for planted tree of same size 600 square feet 750 square feet 900 square feet 1,000 square feet Section 5. Effective date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Lengthy discussion followed on the floor with Alderpersons speaking for and against enactment of this ordinance. Motion to Refer Back to Committee By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That Chapter 3 0. 3 7 (B) (1) (c) (3 ) and Chapter 30.37(B)(2)(c) entitled 'Screening' be referred back to Committee for further consideration and review. .Ili Carried Unanimously it D * 16.7 An Ordinance_Amendinq Chapter 81 Entitled 'Partial Tax Exemption' City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That Ordinance No. 90 - entitled "An Ordinance Amending Chapter 81 Entitled 'Partial Tax Exemption' of the City of Ithaca Municipal Code" is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further 30 RESOLVED, That the Common Council the matter of the adoption of the in the Common Council Chambers, Street in the City of Ithaca, New of January 1991, at 7:00 p.m. in it further December 5, 1990 shall hold a public hearing in aforesaid ordinance to be held City Hall, at 108 East Green York on Wednesday, the 2nd day the evening of that day, and be RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, (4s000ll specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen (15) days prior to the public hearing. Carried Unanimously WHEREAS, during its 1990 session the New York State Legislature amended Section 467.3(a) of the New York State Real Property Tax Law to permit local tax levying bodies to raise the upper income level from $12,025 to $15,000 for homeowners 65 years of age and co older who qualify for the 50 percent property tax exemption, now, Q7 therefore, the following ordinance is hereby ordained and enacted: co ORDINANCE NO. 90- Q AN ORDINANCE AMENDING CHAPTER 81 ENTITLED "PARTIAL TAX EXEMPTION" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That subdivision A of Section 81.1 entitled "Partial tax exemption for certain persons over 65 years of age" of the City of Ithaca Municipal Code, is hereby amended as follows: Section 81.1 Partial tax exemption for certain persons over 65 years of aqe A. Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property in the City of Ithaca owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be partially exempt from taxation by the City based upon the income of the owner or the combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: PERCENTAGE ANNUAL INCOME OF OWNER ASSESSED VALUATION COMBINED ANNUAL INCOME OF OWNERS EXEMPT FROM TAXATION 31 Up to [$12,025] $15,00.0 500 More than [$12,025] jj5. 000 but less than [$12,525] $15,600. 45% [$12,525] $15,600. or more, but less than 40% [$13,025] 16 200 [$13,025] jj6 200 or more, but less than [$13,525] 16 800 35% [$13,525] $16,800 or more, but less than [$14,025] 17 400 30% [$14,025] $17,400 or more, but less than [$14,525] $18,000 25% 31 U11,11 December 5, 1990 [$14,525] $18,000 or more, but less than [$15,025] $18,600 200 The partial exemption provided by this law shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. B. Same Section 2. That Subdivision A of Section 81.2 entitled "Limitations on Exemptions" of the City of Ithaca Municipal Code is hereby amended as follows: Section 81.2 Limitations on exemption No exemptions shall be granted: A. If the income of the owner or the combined income of the owners of the property exceeds the sum of [Fifteen Thousand Twenty -Four dollars and Ninety -nine cents ($15,024.99)] Eighteen Thousand Five Hundred Ninety -nine dollars and Ninety -nine cents ($18,599.99) for the income tax year immediately preceding the date of making application for exemption as consistent with the schedule provided in S 81.1(A). Income tax year shall mean a twelve (12) month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self - employment, but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self employment no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Subd. A last amended, Ord. 87 -1, 2/4/87] B. Same C. Same D. Same Section 3. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Motion to Extend Meeting Time By Alderperson Johnson: Seconded by Alderperson Cummings RESOLVED, That the Common Council meeting be extended to 12:15 a.m. to complete the agenda items. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Carpenter Business Park - Leasing By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the City of Ithaca has finished construction of the Carpenter Business Park (CBP) at Route 13 and Third Street which has four lots equalling 5.5 acres; and WHEREAS, Common Council on May 17, 1986 adopted a leasing policy for its industrial parks; and 32 wi)�l December 5, 1990 WHEREAS, the cost to the City to construct Carpenter Business Park, subtracting federal grants, equals $45,475 per acre; now therefore, be it RESOLVED that Common Council authorizes the Department of Planning and Development to lease the said 5.5 acres at the Carpenter Business Park; and be it further RESOLVED that the Planning and Development Department may negotiate terms for a lease with an option to buy with a present value of $45,475 per acre, with a minimum annual payment of $3,000 per year per acre; all other terms to be in accordance with the standard lease policy for City -owned industrial parks, including the employment Maintenance Policy adopted by Common Council on February 3, 1988. Discussion followed on the floor. co A vote on the resolution resulted as follows: M Ayes (8) - Johnson, Cummings, Daley, Peterson, Golder, Romanowski, Blanchard, Schroeder [�] Nays (2) - Booth, Hoffman Q Carried * 17.2 Route 13 Widening /Bridge Repair By Alderperson Hoffman: Seconded by Alderperson Cummings WHEREAS, Common Council of the city of Ithaca is in favor of having the New York State Department of Transportation replace the two bridges along Rt. 13 just south of the city line, and WHEREAS, it is important to Common Council that the rural character of the approach to the city from the south be maintained, and that Buttermilk State Park and its surroundings be protected, and WHEREAS, replacement of the two bridges with four -lane bridges, replacement of the current roadway with one that is four lanes as far as Rt. 13A, and relocation of the roadway to the east could harm the rural character of this important approach to the city, and WHEREAS, said changes could seriously affect the wetland in the area, as well as Buttermilk State Park and its setting, and WHEREAS, the priority for State transportation expenditures should be for improved mass transit, not for expanded highways; now, therefore, be it RESOLVED, That Common Council urges the New York State Department of Transportation to retain the existing two -lane width of Rt. 13 as it proceeds south from the City, to replace the bridges with two -lane bridges, and to incorporate into the design of the project a grade- separated crossing of Rt. 13 by the Cayuga Inlet bicycle /pedestrian trail, possibly by means of a pedestrian /bicycle bridge using the existing railroad right -of- way at the City line, and be it further RESOLVED, That Common Council urges the New York State Department of Transportation to comply with the New York State Environmental Quality Review Act in all respects with respect to this project, including, if necessary, the preparation of a full environmental impact statement, and be it further 33 Pi() December 5, 1990 RESOLVED, That Common Council urges that another public meeting be held sponsored by the New York State Department of Transportation so that the public, the City of Ithaca, and various governmental entities can ask questions about the project. Alderperson Hoffman gave background information on the resolution and the scope of the project. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Daley RESOLVED, That the 3rd Resolved Clause be replaced with the following wording: "RESOLVED! That the Common Council appreciates the Department of Transportation's decision to schedule another public meeting on this subject and asks that the DoT consider further comment by the City following that meeting." No objections were raised, therefore, the Amending Resolution replaces the Third Resolved Clause. Amending Resolution By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the First Resolved Clause shall read as follows: "RESOLVED, That Common Council urges the New York State Department of Transportation to retain the existing two -lane width of Route 13 in this project, to replace the bridges with two -lane bridges, and to ...etc...." Ayes (8) - Booth, Cummings, Johnson, Peterson, Golder, Daley, Schroeder, Hoffman Nays (2) - Blanchard, Romanowski _sj Carried Motion to Table By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That the matter of the Route 13 Widening /Bridge Repair be tabled. Ayes - (3) Blanchard, Romanowski, Daley Nays - (7) Booth, Johnson, Schroeder, Golder, Hoffman, Peterson, Cummings Motion Fails Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That the First Resolved Clause be changed to read as follows: "RESOLVED, That Common Council urges the New York State Department of Transportation to consider all of these concerns as noted as a preferred alternative is developed and to ensure that a grade separated Cayuga Inlet bicycle /pedestrian trail is incorporated into the project." Discussion followed on the floor. A vote on the Amending Resolution resulted as follows: Ayes (2) - Blanchard, Romanowski Nays (8) - Booth, Cummings, Peterson, Daley, Golder, Hoffman, Johnson, Schroeder 34 Motion Fails 21t December 5, 1990 Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That the Fifth Whereas Clause be deleted from the resolution. Ayes (3) - Blanchard, Romanowski, Booth Nays (7) - Johnson, Golder, Peterson, Hoffman, Daley, Cummings, Schroeder Motion Fails Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That there be a further Resolved Clause to read as follows: "RESOLVED, That the City Clerk be directed to forward a copy of this resolution to the New York State Department of (` Transportation." Carried Unanimously co Amending Resolution By Alderperson Cummings: Seconded by Alderperson Daley m RESOLVED, That a further Whereas Clause be added to the < resolution after the Third Whereas to read as follows: "WHEREAS, the City of Ithaca considers the widening of the Route 13 Bridge over Six Mile Creek to be a higher priority for the City's concerns." Carried Unanimously The Main Motion as Amended shall read as follows: (Ww" WHEREAS, Common Council of York State the city Department of Ithaca is in favor of of Transportation replace having the New the two bridges along Rt. 13 just south of the city line, and WHEREAS, it is important to Common Council that the rural character of the approach to the city from the south be maintained, and that Buttermilk State Park and its surroundings be protected, and WHEREAS, replacement of the two bridges with four -lane bridges, replacement of the current roadway with one that is four lanes as far as Route 13A, and relocation of the roadway to the east could harm the rural character of this important approach to the City, and WHEREAS, the City of Ithaca considers the widening of the Route 13 Bridge over Six Mile Creek to be a higher priority for the City's concerns, and WHEREAS, said changes could seriously affect the wetland in the area, as well as Buttermilk State Park and its setting, and WHEREAS, the priority for State transportation expenditures should be for improved mass transit, not for expanded highways; now, therefore, be it RESOLVED, That Common Council urges the New York State Department of Transportation to retain the existing two -lane width of Rt. 13 in this project, to replace the bridges with two -lane bridges, and to incorporate into the design of the project a grade - separated crossing of Rt. 13 by the Cayuga Inlet bicycle/ pedestrian trail, possibly by means of a pedestrian /bicycle bridge using the existing railroad right -of -way at the City line, and be it further 35 December 5, 1990 RESOLVED, That Common Council urges the New York State Department of Transportation to comply with the New York State Environmental Quality Review Act in all respects with respect to this project, including, if necessary, the preparation of a full environmental impact statement, and be it further RESOLVED, That the Common Council appreciates the Department of Transportation's decision to schedule another public meeting on this subject and asks that the DoT consider further comment by the City following that meeting, and SJ RESOLVED, That the City Clerk be directed to forward a copy of this resolution to the New York State Department of Transportation. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Booth, Johnson, Golder, Schroeder, Cummings, Peterson, Hoffman, Daley Nays (2) - Romanowski, Blanchard Carried * 17.3(a) Zoning Ordinance Amendment - Introducing Proposed Changes to the Zoning Ordinance ( "Minimum Parking Space Size ") By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE ( "MINIMUM PARKING SPACE SIZE ") AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance No. 90- entitled "An Ordinance Amending Section 30.37 -A.2 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, January 2, 1991, at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously ORDINANCE NO. 90- AN ORDINANCE AMENDING SUBDIVISION A -2 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SUBDIVISION A -2 of Section 30.37. That Subdivision A -2 of Section 30.37 is hereby amended to read as follows: 36 213 December 5, 1990 Parking Space Size: a. For parking areas containing 1 to 9 cars, a parking space size shall have a minimum area of 153 square feet, exclusive of passageways, maneuvering space and driveways appurtenant thereto and giving access thereto. b. For parking areas containing 10 or more cars, the following shall apply: (1) Standard parking stalls shall be 816" wide minimum. (2) Handicap parking arrangements shall be as specified by current applicable codes. (3) For angle or perpendicular parking, a parking space size shall have a minimum area of 255 square feet, as measured �. from the outermost line of the stall to the center -line of the driveway aisle giving access thereto. The actual edge of rn parking space pavement may be up to 2' -0" inside the outermost line of the parking stall, where unobstructed vehicle- overhang is available to that dimension. The overhang area may or may not be (o a paved area. Q (4) For parallel parking, a parking space size shall have a minimum area of 290 square feet, as measured from the outermost edge of the stall to the center -line of the driveway aisle giving access thereto. (5) The minimum parking space size may be reduced down to 238 square feet, and /or may be increased in order to insure functional use, as determined by the Board of Planning and (twor, Development under Chapter 39, Site Development Plan review (SDPR). SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. * 17.3(c) Environmental Review for Zoning Amendment Change_ in Parking Space Size Requirements - Negative Declaration By Alderperson Hoffman: Seconded by Alderperson Schroeder ENVIRONMENTAL REVIEW FOR ZONING AMENDMENT CHANGE IN PARKING SPACE SIZE REQUIREMENTS NEGATIVE DECLARATION WHEREAS, the matter of amending Chapter 30 of the Municipal Code for the purpose of changing the parking space size requirements is currently being considered by this Common Council, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment form (SEAF), and WHEREAS, it appears that the proposed action is a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B) (5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions as set forth on the Short Environmental Assessment form dated September 18, 1990, and be it further 37 21 1 December 5, 1990 RESOLVED, That this Common Council, as lead agency, does determine that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously Motion to Extend Meeting By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the meeting be extended until 12:30 a.m. Carried Unanimously NEW BUSINESS• Authorization to Use Fire Station #6 As a Temporary Emergency Shelter By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, the City of Ithaca is concerned about the plight of its homeless residents and this Council hereby determines that it is in the City's interest to provide emergency shelter for homeless individuals; and WHEREAS, the Tompkins County Economic Opportunity Corporation ( TCEOC) has obtained funding from Tompkins County to operate a program providing shelter for the homeless; and WHEREAS, this Council, by resolution duly adopted at its regular meeting on May 2, 1990, declared that as soon as Fire Station #6 located at 626 West State Street is vacated by the Fire Department that the property will no longer be needed for general City purposes and will be surplus property; and 'j WHEREAS, it is expected that the Board of Fire Commissioners will declare that effective December 12, 1990, Fire Station #6 is vacated and no longer needed for Fire Department purposes; now therefore, be it RESOLVED, that the Mayor is hereby authorized to enter into an agreement with the TCEOC providing for the following: 1. That TCEOC shall have the use of the property commencing 9:00 a.m. on Wednesday, December 12, 1990, or as soon thereafter as the Board of Fire Commissioners has determined that it no longer needs the premises for Fire Department purposes. The TCEOC shall have the right to continue to use the premises for providing shelter to the homeless until May 1, 1991 provided that the City may terminate their right of occupancy of the building at any time on 30 days notice to the TCEOC and TCEOC may terminate its right of occupancy of the building at any time on 15 days notice to the City. 2. TCEOC shall not be responsible for paying any funds to the City for the use of the building but shall be responsible for utilities used on the premises during the period of occupancy. 3. Neither the City nor TCEOC shall have any responsibility to maintain the premises except TCEOC shall be responsible for any damage to the premises due to the fault or neglect of TCEOC, its agents, employees and invitees and further provided that if damage occurs to the premises which damage interferes with the habitability of the premises that the City shall have the right to immediately terminate TCEOC's occupancy of the premises. um December 5, 1990 4. TCEOC shall defend, indemnify and hold the City harmless to any claim against the City arising from TCEOC's use and occupancy of the building. TCEOC shall maintain at all times during its use and occupancy of the building liability insurance in the minimum amount of one million dollars ($1,000,000). 5. It is understood and agreed that the City is currently attempting to sell the premises. At all times during TCEOC's use and occupancy of the building the City or any prospective purchaser of the building shall have the right, upon reasonable notice, to enter upon the premises for the purpose of inspecting the building and preparing appropriate architectural or building plans. 6. TCEOC agrees that at the end of TCEOC's period of occupancy the building will be returned to the City in broom clean condition and in as good order and repair as at the commencement of its occupancy. co Mayor Nichols emphasized that what the Council is talking about M is the use of a building that the Fire Commissioners will be D declaring surplus property as of December 11, 1990 and unless we m allow it to be used as a temporary emergency shelter it would Q remain empty and essentially unused until it is sold and occupied by a new owner. Mayor Nichols further stated that the use by the emergency shelter will be at no cost to the City. The understanding is that the City will proceed as rapidly as possible to sell that building and when there is a new owner to take possession the EOC will be given thirty days notice to vacate. Fire Chief Olmstead stated that this is not a straight forward situation and there are He °said things that it that needs need to obe be clear as to fairly timely manner. who is going to take over the cost and responsiblity and pay the utilities bills for the temporary emergency shelter. Mayor Nichols stated that as soon as the EOC is housed in #6 Fire Station as an emergency shelter, they will be responsible to pay the utility bills. Further discussion followed on the floor with Director Audrey Cooper answering questions from Council members. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That the First Whereas Clause read as follows: "WHEREAS, the City of Ithaca is concerned about the plight of its hardest to serve homeless residents and this Council hereby determines that it is in the City's interest to assist in the provision of a temporary emergency shelter of last resort for such homeless individuals." Carried Unanimously Alderpersons Blanchard and Romanowski expressed their anger and dismay that no one had informed them, as Representatives from the First Ward, that this project was going to take place. Further discussion followed on the floor with Audrey Cooper continuing to answer questions from Council members. Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That under #1, in the 7th line, the words "the City may" be stricken and the words the Mayor shall have the authority to be substituted. Carried Unanimously 39 c� December 5, 1990 Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That in #1, in the 8th line, the words 1130 days notice" be deleted and the words 15 days notice be substituted. Carried Unanimously Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That #3 shall read as follows: "The City shall not be responsible for maintaining the premises. TCEOC shall be responsible for any damage to the premises, etc..." Carried Unanimously Alderperson Hoffman stated that he thinks that the First Ward Representatives have very legitimate concerns regarding the procedures that were followed for this proposal. Therefore, he feels that he will have to vote "no" on the resolution. Alderperson Romanowski stressed to Audrey Cooper, Director of the Homeless Shelter, that he is not against the homeless shelter; he is angry at the procedure that was followed. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) Nays (3) Motion to Exte By Alderperson RESOLVED, That Booth, Johnson, Cummin Schroeder, Peterson - Romanowski, Blanchard, nd Meeting Blanchard: Seconded by the meeting be extended gs, Daley, Golder, Hoffman Carried Alderperson Johnson to 1:00 a.m. Carried Unanimously Executive Session On a motion the Council adjourned into Executive Session at 12:42 a.m. to discuss the establishment of Capital Project #240 for East State Street Culvert Reconstruction and reconvened in regular session at 12:58 a.m. and presented the following: Resolution (Budget and Administration Committee - Item 14.6) By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, a severe storm recently caused a large culvert to fail at 1100 East State Street, thereby creating a public emergency which seriously threatens the life, health and safety of city residents and public and private property at said location, and WHEREAS, the Board of Public Works at its meeting of November 14, 1990 declared a public emergency in accordance with Section 103 of the General Municipal Law, thereby negating the statutory requirement to bid said project; now, therefore, be it RESOLVED, That Common Council reaffirms the declaration of the public emergency created by said storm damage, and be it further RESOLVED, That a Capital Project #240 be established at an estimated cost not to exceed $300,000 to reconstruct said culvert, and to complete the required restoration of the affected area, and be it further 40 .J CO m d December 5, 1990 RESOLVED, That this Capital Project shall be financed from existing New York State Consolidated Highway Improvement funds in the amount of $150,000.00 and by issuance of Bond Anticipation Notes in the amount of $150,000.00. The issuance of Bond Anticipation Notes would be authorized under an existing Street Improvement Bond Resolution adopted March 7, 1990. Ayes (9) - Booth, Johnson, Peterson, Daley, Golder, Cummings, Romanowski, Blanchard, Schroeder Nay (1) - Hoffman Carried Adjournment On a motion the meeting adjourned at 1:00 a.m. a ista F. Paolang6li City Clerk 41 G� Benjamin Nichols Mayor 214