Loading...
HomeMy WebLinkAboutMN-CC-1991-04-03April 3, 1991 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 April 3, 1991 PRESENT: Mayor Nichols (Woo, Alderpersons (10) - Booth, Blanchard, Peterson, Johnson, Daley, Romanowski, Golder, Hoffman, Cummings, Schroeder OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo r.. Deputy City Controller - Thayer Planning and Development Director - VanCort Planning and Development Deputy Director - Sieverding Police Chief - McEwen Fire Chief - Olmstead (� Acting Building Commissioner - Eckstrom Q Youth Bureau Director - Cohen Acting Superintendent of Public Works - Gray Personnel Administrator - Saul Board of Public Works Commissioners - Reeves, Berg Tompkins County Board of Representatives - Lerner PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the March 6., 1991 Common Council Meeting By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the March 6, 1991 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Executive Session Alderperson Booth and Mayor Nichols requested an Executive Session at the end of the meeting to discuss a personnel item and a real estate item. No Council member objected. New Business Alderperson Hoffman requested that a letter from Mr. William Benson of Floral Avenue regarding a sub - division problem be discussed under New Business. No Council member objected. Planning and Development Committee Human Services Committee Alderpersons Hoffman and Johnson requested that the "Reports" under their committees be deleted in the interest of time. No Council member objected. 1 321 April 3, 1991 MAYOR'S APPOINTMENTS: Parks Commission Mayor Nichols requested Council's approval of the following appointments to the Parks Commission: One Year Terms Elizabeth Mulholland, representing Circle Greenway, non -city resident at present; also "at- large" Richard Fischer, representing Six Mile Creek Overseer Committee, non -city resident; environmental education Denise Rusoff, representing Recreation Committee of Ithaca Youth Bureau, 209 Hudson Street Two Year Terms David Fernandez, nurseryman, landscape designer, owner Cayuga Landscape Co. Inc., 905 North Tioga Street Joann Cornish -Epps, landscape designer, parks and playground designer, presently with Cornerstone Architects, 313 North Tioga Street Beverly Baker, "at- large ", 320 South Geneva Street Three Year Terms Nina Bassuk, representing Shade Tree Advisory Committee, horticulturist, non -city resident Diane Sherman, general ecology, 206 Hillview Place Daniel Krall, landscape architect, Vice - President, Historic Ithaca, 612 South Plain Street. Resolution By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That this Council approves the appointments to the Parks Commission as requested by Mayor Nichols. Carried Unanimously Disability Advisory Council Mayor Nichols requested approval of Council for the appointment of Larry Roberts, 301 South Geneva Street, to the Disability Advisory Council for a term to expire June 30, 1991, to replace Lynn Logan who has resigned. Resolution By Alderperson Golder: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Larry Roberts to the Disability Advisory Council with a term to expire June 30, 1991. Carried Unanimously COMMUNICATIONS: Mayor Nichols read a letter from Martin A. Luster, Assemblyman 125th District thanking the Mayor for his letter of March 25 and Council for their resolution of March 6, regarding proposed cuts in per capita State aid to local governments. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Sale of "Pogo Parcel" to Mutual Housing Association The following persons spoke to Council in favor of the sale of the- "Pogo -Parcel" to the Mutual Housing Association: Jeff Gruber, President Mutual Housing Association of Tompkins County, read a letter of support from the Finger Lakes Independent Living Center 2 323 April 3, 1991 Robert Balder, Executive Director Mutual Housing Association of Tompkins County Bryan Isacks, Northside /Cascadilla Creek Civic Association RESPONSE TO THE PUBLIC: Sale of 11j;0- Pogo Parcel" to the Mutual Housing Association Alderperson Romanowski responded to the persons who had spoken (Wooell and called him regarding the issue of the sale of the "Pogo Parcel" to the Mutual Housing Association of Tompkins County. REPORT OF BOARD OF REPRESENTATIVES: Mr. Eric Lerner, 1st Ward Representative to the County Board reported on the following issues: Dryden Landfill Site - The County has received reports from the consultants on how the County can re- configure the DR -7 landfill site so as to avoid putting the landfill directly on the federally delineated wetlands that the County is finding there. M Although there are several concerns regarding this site to start looking for a new site would mean spending several million Co dollars of taxpayers money to start all over again, with some Q risks that we end up with another site that is just as bad, or worse. Closing of the Hillview Road Landfill - The County is looking toward closing the Hillview Road Landfill, which is also known as the Landstrom Landfill. The County has received consultants reports on new drillings and new information about how much seepage into the soil there has been and how much environmental contamination we are already dealing with. There will be a tour of the Hillview Road Landfill on April 11 if Council members would like to participate. County's Personnel Reclassification Project - The basic concept of the project is that the County is re -doing the entire personnel classification system to eliminate any hidden race or sex bias in the system. The project will be completed soon. Old Jail Building - The County is finishing the design phases of the renovation of the old jail building on Court Street. The building will probably be office space for the County Planning Department and other County offices. Mr. Lerner answered questions from Council members. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following matters: Spring Street Cleaning - The Spring cleaning of City streets started on April 1st. Due to budget cuts City crews will not be hand - raking and cleaning between the sidewalk and the curb as in previous years. If homeowners wish to rake their lawn between the sidewalk and curb, the debris may be raked into the gutter prior to the City crew cleaning the street. All streets to be worked on will be posted with "No Parking" signs 24 hours in advance of starting the work. Any vehicles parked after the 24- hour posting will be tagged and towed at the owners expense. Any debris placed in the gutter after the work crews have cleaned the posted streets will be cleaned up at the property owners expense. Commissioner Reeves answered questions from Council members regarding phosphates being added to the water supply, repaving of East State Street where the street was dug up, Golf Course fees, and stapling of signs to trees. 32 April 3, 1991 REPORT OF CITY CLERK: Designation of Polling Places for 1991 By Alderperson Daley: Seconded by Alderperson Johnson RESOLVED, That the following locations be designated as polling places for the City of Ithaca for the year 1991: First Ward 1st District Chestnut Street 2nd District 800 S. Plain St. 3rd District 626 W. State St. 4th District 300 W. Court St. 5th District Chestnut St. Second Ward 1st District 300 W. Court St. 2nd District 310 W. Green St. 3rd District 520 Hudson St. 4th District 310 W. Green St. 5th District 300 W. Court St. Third Ward 1st District Cornell Campus Central Avenue 2nd District Cornell Street 3rd District Cornell Street Alternative Community School Titus Towers Housing Bangs Ambulance Service G.I.A.C. Building Alternative Community School G.I.A.C. Building Central Fire Sta. South Hill School Central Fire Sta. G.I.A.C. Building Willard Straight Hall Belle Sherman Annex Belle Sherman Annex Fourth Ward 1st District 635 Stewart Ave. Noyes Center 2nd District 402 E. State St. Challenge Industries 3rd District 309 College Ave. #9 Fire Station Fifth Ward 1st District 1012 N. Tioga St. 2nd District Corner King & Aurora Streets 3rd District 309 Highland Rd. 4th District Corner King & Aurora Streets #7 Fire Station Fall Creek School 1st Congregational Church Fall Creek School Carried Unanimously Alderperson Romanowski noted that Bang's Ambulance Service is allowing the City to use their building as a polling place this year and he thanked Mr. Bangs for the gesture. CITY CONTROLLER'S REPORT: Permanent Financing City Controller Cafferillo explained his discussion with Moody's Investment Services regarding the City's financial condition. He stated that Moody's Investment Services, after a number of meetings, were willing to uphold the City's AA rating, which will help the bids that we will take for our permanent financing on April 4. CITY ATTORNEY'S REPORT: Fire Station #6 City Attorney Guttman reported that on April 1, the City sold Fire Station #6 at 626 West State Street to Bang's Ambulance, Inc. The purchase price was $225,666.00; the closing costs to the City were $83.00 so the net proceeds were $225,583.00. We have received those funds and they have been turned over to the Controller's Office. " i) 5 April 3, 1991 Cerafici Suit City Attorney Guttman reported that Thomas Cerafici is suing the City of Ithaca and the City School District through the Federal District Court in Nevada for $745,000.00. The suit is regarding a tax lien that he purchased in 1984, which was redeemed just before the expiration of the three year redemption period. The case is being handled through the City Attorney's Office and the City has made a motion in Federal Court to dismiss for lack of personal jurisdiction. PLANNING AND DEVELOPMENT COMMITTEE: * 16.6 Revised Environmental Assessment for Sale of Portion of "Pogo Parcel" for Mutual Housing By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, it is proposed that a portion of the block known as the 'Pogo Parcel' owned by the City and bounded by First, Franklin, and Adams Streets and Lake Avenue, be sold to the Tompkins County (� Mutual Housing Association for the purpose of development of M affordable housing, and WHEREAS, appropriate environmental review has been conducted CO including the preparation of the Short Environmental Assessment Q Form (SEAF) and the Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and (44� 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 does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form and the Long Environmental Assessment Form dated March 11, 1991 and be it further RESOLVED, that this Common Council as lead agency, hereby does determine that the proposed action at issue 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. Ayes (9) - Romanowski, Hoffman, Golder, Johnson, Daley, Peterson, Blanchard, Cummings, Schroeder Nay (1) - Booth Carried INTERGOVERNMENTAL RELATIONS COMMITTEE: * 18.2 Sale of "Pogo Parcel" to Mutual Housinq Association By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca is committed to helping to provide affordable housing; and 5 April 3, 1991 WHEREAS, the City is the owner of a vacant parcel of land with dimensions 264 feet x 324.9 feet x 269.2 feet x 330 feet, being the premises conveyed to the City of Ithaca by Francis J. Paolangeli by deed dated May 10, 1990 and recorded in the Tompkins County Clerk's office on May 10, 1990 in Liber 654 of Deeds at page 254, hereinafter referred to as the "Pogo Parcel "; and WHEREAS, while the City has expressed its intent to commit the easterly one -third of this parcel for park purposes, the westerly two - thirds of the parcel are available to be developed for affordable housing. The City has accepted the recommendation of the Northside Land Use Committee to devote approximately two - thirds of the Pogo Parcel to housing with a strong preference for the encouragement of affordable housing; and WHEREAS, on February 6, 1991 the City of Ithaca has passed guidelines for the development of the Pogo Parcel including that the parcel shall be developed to provide long -term or permanent affordability for housing of good quality with as many units as possible offered at below market rate; and WHEREAS, Mutual Housing Association of Tompkins County, Inc. ( MHATC), a not - for - profit corporation, is organized and structured so that it is capable of developing the parcel so as to provide long -term affordable housing; and WHEREAS, MHATC has submitted a proposal to the City of Ithaca to develop the westerly two - thirds of the Pogo Parcel by constructing fourteen duplexes which will be dedicated for long- term affordable housing. The project is a two -phase project, the first phase being the development of the westerly one -third of the parcel and the second phase being the development of the middle one -third of the Pogo Parcel; and WHEREAS, in determining the market value of the westerly two - thirds of the Pogo Parcel the City of Ithaca has considered, among other factors, the original purchase price by the City of the entire Pogo Parcel ($297,000), the intended dedication of the easterly one -third of the Pogo Parcel for park purposes, the imposition of the above - mentioned development guidelines, the current real estate market, and, with respect to the middle one - third of the Pogo Parcel the necessity of the owner having to develop a road or alley between the parcel and the intended park; and WHEREAS, MHATC is prepared to apply to various public and private organizations for financial subsidies of its affordable housing project; and WHEREAS, MHATC is applying for a NYS Infrastructure grant in the amount of $70,000 and a grant or a loan in the amount of $180,000 from the Neighborhood Reinvestment Corporation and is also applying to the Federal Home Loan Bank for a grant in the amount of approximately $231,000 and a loan from the Federal Home Loan Bank to a lending institution in the amount of approximately $190,000 at an interest rate of one percent, which amount would then be loaned to MHATC at an interest rate of three percent; and WHEREAS, the rate at which the City of Ithaca borrows money is currently below seven percent; and - -WHEREAS, -there are approximately $392,000 of CDBG funds available which could be used for this project; and 0 3 2'7 April 3, 1991 WHEREAS, a review of the projected finances of the MHATC proposal demonstrates that if MHATC is to construct the projected housing on the site and provided it at affordable housing rates, MHATC will not be able to maintain a positive cash flow without paying the City for the value of the land over time at below market interest rates; and (MOO." WHEREAS, while H. Matthys Van Cort is the Director of Planning and Development for the City and is a member of the Board of Directors of MHATC, he has had no part in the negotiation or decision - making process in this matter; and WHEREAS, this Council has made it clear to MHATC that this action by the City is not indicative nor in any way guarantees any further approvals by the City or any of its Boards; and WHEREAS, MHATC, in order to pursue funding for this project needs co to show site control over the westerly one -third of the site; now, therefore, be it RESOLVED, That the City of Ithaca hereby determines, considering (�] the factors previously mentioned, that the full value of the Q westerly one -third of the Pogo Parcel, as more particularly shown on the attached sketch, is $90,000 (sketch is attached to Minute Book); and be it further RESOLVED, that the City of Ithaca hereby determines, considering the factors previously mentioned, that the full value of the middle one -third of the Pogo Parcel, as more particularly shown on the attached sketch, is $60,000; and be it further (Moo'RESOLVED, that the City of Ithaca hereby determines that MHATC is the preferred entity to develop the westerly two - thirds of the Pogo Parcel for long term affordable housing; and be it further RESOLVED, that the City Attorney is hereby directed to negotiate a contract with MHATC on the following terms: 1. The City of Ithaca shall convey to MHATC the westerly one -third of the Pogo parcel for the purchase price of $90,000. 2. $90,000 shall be paid by MHATC to the City of Ithaca by MHATC executing and delivering to the City a purchase money bond and mortgage in the amount of $90,000 payable as follows: interest only on a monthly basis at three percent for a period of twelve years and then the $90,000 balance amortized over the following twelve years with an interest rate of seven percent and monthly payments. The bond and mortgage may be subordinated to a construction loan or other permanent financing mortgage for the development of seven duplexes on the site, the construction loan or other permanent mortgage not to exceed $220,000 so that the mortgage to the City will not be subordinated to more than $220,000 of other debt. 3. The City of Ithaca shall convey the property by bargain and sale deed. The property shall be conveyed in its "as is" (400-.1 condition. The property conveyed shall be that described on the attached sketch. 4. The deed shall contain restrictive covenants including the Pogo Parcel development guidelines or other language accomplishing those purposes and shall contain a provision granting to the City a right of first refusal to reacquire the - premises in the event that MHATC intends to sell or otherwise convey the premises. 5. The contract shall be contingent upon MHATC providing appropriate assurances and documentation to the City of Ithaca so that the City of Ithaca determines, in its sole discretion, that 7 April 3, 1991 based on its organizational documents that MHATC is organized and structured so that it is capable of providing and shall provide long -term affordable housing on the site serving appropriate sectors of the community and that the necessary funding is available for MHATC to successfully complete the project. The property shall not be conveyed until MHATC is ready, willing and able to commence construction. If by August 1, 1991, MHATC has not, in the City's sole discretion, arranged all necessary financing, or if by December 1, 1991, MHATC is not ready, willing and able to substantially commence construction, and, in the City's sole discretion, capable of completing the entire first phase of the project (the development of seven duplexes and their dedication to long -term affordable housing in conformance with the Pogo Parcel development guidelines), and likely to be able to complete the entire second phase of the project (the development of the additional seven duplexes on the middle one -third of the Pogo Parcel and their dedication to long -term affordable housing in compliance with the Pogo Parcel development guidelines), the City may cancel this contract. 6. The City would further grant to MHATC an option to acquire the middle one -third of the Pogo Parcel as shown on the attached sketch. The option shall be a period of 18 months running from the date of transfer of the westerly one third of the parcel. MHATC shall pay to the City the sum of seven hundred fifty dollars for this option which sum would be applied to the purchase price if MHATC exercised the option. MHATC would have the right to apply to the City to extend this option on the same terms for an additional 18 months upon showing to the City that by the end of this second 18 -month period they expect to be able to substantially commence construction of the second phase of the project and within one year thereafter complete construction of the second phase. The purchase price for the option parcel shall be the sum of $60,000. MHATC shall be entitled to exercise this option only if it can show, at the City's sole discretion, that it is ready, willing and able to successfully complete the second phase of the project. MHATC shall affirmatively agree to take all appropriate steps to apply for necessary funding to complete phase two of the project and if such funding is available, shall take all necessary steps to complete development of phase two of the project. 7. Until construction of phase two of the project is successfully completed or the above - mentioned option is terminated, MHATC shall be required to reserve any surplus funds from phase one to be applied by MHATC to the development of phase two of the project; and be it further RESOLVED, that the Mayor is hereby directed to take all appropriate steps to reprogram the necessary CDBG funds for their use on this project. Alderperson Booth explained the project. Alderperson Hoffman explained, in detail, his reasons for supporting this project. Discussion followed on the floor. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Romanowski RESOLVED, That the third Whereas Clause shall read as follows: "WHEREAS, while the City has expressed its intent, contingent upon receipt of EQBA funding, to-commit the easterly one -third of this parcel ... etc." Extensive discussion followed on the floor. April 3, 1991 Alderperson Cummings stressed that this amendment does not preclude the creation of a park. She said that what this amendment does is take away the binding nature of a commitment to a park if'we don't get the money. Further discussion followed on the floor with City Attorney Guttman answering questions from Council members. A vote on the amendment resulted as follows: Ayes (7) - Booth, Johnson, Cummings, Golder, Blanchard, Romanowski, Schroeder Nays (3) - Peterson, Daley, Hoffman Carried Alderperson Booth suggested that the words "or alley" in the last (�- line of the seventh Whereas Clause be deleted. co No Council member objected. Alderperson Hoffman suggested that in the final Resolved, Item 5, third line, the words "City of Ithaca" be stricken and the words Q "Common Council" be inserted. No Council member objected. Amending Resolution By Alderperson Johnson: Seconded by Alderperson Cummings RESOLVED, That there be a new Resolved Clause added before the last Resolved Clause to read as follows: (600." "RESOLVED, That the money from the re- payment of this loan or payment of a mortgage to the City be placed in a designated Ithaca Housing Trust Fund to continue the City's commitment to affordable housing for low and moderate income residents." Discussion followed on the floor on the amendment. After comments from City Controller Cafferillo and City Attorney Guttman, Alderperson Johnson withdrew his amendment with the possibility that it may be re- introduced and referred to a committee at a later date. Main Motion as Amended A Roll Call vote on the foregoing resolution, as amended, resulted as follows: PJ Cummings - Aye Johnson - Aye Golder - Aye Hoffman - Aye Booth - Aye Schroeder - Aye Peterson - Aye Blanchard - Nay Romanowski - Aye Daley - Aye Ayes (9) Nay (1) Carried Recess Common Council recessed at 8:45 p.m. and reconvened in regular session at 9:05 p.m. Alderperson Cummings left the meeting at 8:45 p.m. PJ tr C10� April 3, 1991 BUDGET AND ADMINISTRATION COMMITTEE: * 14.1 Fire Department Request for Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Fire Chief has recommended Administrative Secretary Christine Brill for an Employee Incentive Award pursuant to the policy and procedures established by the Budget and Administration Committee, and WHEREAS, the Fire Chief has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Fire Chief's recommendation complies with the policy and procedures established by the Budget and Administration Committee; now, therefore, be it RESOLVED, That Christine Brill's salary be increased by eight (8 %) percent to an annual salary of $29,745 effective March 14, 1991. Ayes (8) - Booth, Johnson, Blanchard, Hoffman, Daley, Peterson, Schroeder, Romanowski Nay (1) - Golder Carried Alderperson Cummings out of room at time of vote. * 14.2 Youth Bureau Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Youth Bureau Director has recommended Assistant Activities Center Coordinator Linda Sterk for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit contract, and WHEREAS, the Youth Bureau Director has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Youth Bureau Director's recommendation complies with the procedure and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That Linda Sterk's salary be increased eight (8 %) percent to an annual salary of $23,190 effective February 20, 1991. Ayes (7) - Johnson, Romanowski, Daley, Blanchard, Peterson, Hoffman, Schroeder Nays (2) - Booth, Golder Carried Alderperson Cummings out of room at time of vote. Alderperson Golder stated, for the record, that the reason for his opposition to incentive awards is, in his opinion, the unfairness of merit pay, and he does not think the City should be involved in deciding the salary of people on a case -by -case basis. * 14.3 Fire Department Standardization of Motorola Radio Equipment By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has been requested by the Board of Fire Commissioner to standardize on Motorola radio equipment to be used by the City of Ithaca Fire Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and 10 331 April 3, 1991 WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has all Motorola radio equipment. (,,woe 2. The Tompkins County Emergency Control Center presently has all Motorola console and communication equipment. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 4. Labor costs for maintenance and service of a standard type of �. equipment will be less than are required to service different CO types of radio equipment. M 5. Present Motorola radio equipment has been satisfactory for the uses of the Ithaca Fire Department. 6. Standardization provides the need for only one service Q contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by (61ve the City of Ithaca Fire Department during the year 1991. Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.4 Fire Department Standardization of MSA Self Contained Breathing Apparatus and Equipment By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has been requested by the Board of Fire Commissioner to standardize on MSA Self Contained Breathing Apparatus and Equipment to be used by the City of Ithaca Fire Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has all MSA Self Contained Breathing Apparatus and equipment. 2. The City of Ithaca Fire Department is an authorized repair (4wo" facility for MSA Self Contained Breathing Apparatus. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said breathing apparatus. 4. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different types of breathing apparatus. 5. Present MSA Breathing Apparatus has been satisfactory for the uses of the Ithaca Fire Department. 11 April 3, 1991 6. All members of the Ithaca Fire Department are trained exclusively in the proper use and operation of MSA Self Contained Breathing Apparatus; now, therefore, be it RESOLVED, That pursuant to Section General Municipal Law of the State Council hereby authorizes the starn Contained Breathing Ap[paratus and equipment to be used and purchased Department during the year 1991. 103, Subdivision 5 of the of New York this Common dardization of MSA Self Equipment as the type of by the City of Ithaca Fire Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.5 Department of Public Works /Cornell Work Study Program By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Department of Public Works has budgeted $4600. for seasonal part time personnel, and WHEREAS, the Department of Public Works has benefited by participation in the work study and Summer Job Network programs at Cornell University over the past several years, and WHEREAS, 60% of work study wages paid by the City are reimbursed by Cornell University; now, therefore, be it RESOLVED, That the Acting Superintendent of Public Works be authorized to sign work study contracts in an amount not to exceed $4600. for the 1990 -1991 academic year. Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.6 Department of Public Works Approval of Elmira Road Sidewalks, Project Design By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, Common Council has established a Capital Project for $250,000. for the installation of sidewalks on Elmira Road, and WHEREAS, the Board of Public Works would like more information about the feasibility and the design implications of such a project; now, therefore, be it RESOLVED, That the Board of Public Works recommends to the Common Council the approval of a contract with Peter S. Weed for a feasibility study and schematic design for Elmira Road sidewalks as proposed in his letter of January 15, 1991 for a sum not to exceed $4,000., and be it further RESOLVED, That $4,000. be transferred from Account A1990 Unrestricted Contingency to Capital Project #237 Elmira Road sidewalks, to finance this study, subject to reimbursement when the applicable benefit assessment district is established. Extensive discussion followed on the floor with the pros and cons of the need for sidewalks in this area. A vote on the resolution resulted as follows: Ayes (7) - Booth, Johnson, Daley, Golder, Schroeder, Peterson, Hoffman Nays (2) - Blanchard, Romanowski Carried Alderperson Cummings out of room at time of vote. 12 333 April 3, 1991 * 14.7 Finance Department /Chamberlain Request Correction to the 1991 City Tax Roll By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, pursuant to Section 554 (Sub 4A) of the Real Property Tax Law, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by Gus Lambrou, and (400" WHEREAS, the investigation revealed an erroneous inventory of improvements resulted in over assessment of 405 -407 Eddy Street, and WHEREAS, the Director of Assessment recommends that the taxable value of this property be changed from $786,300. to $481,300.; now, therefore, be it RESOLVED, That the 1991 Tax Roll for the City of Ithaca be co amended to reduce the assessment of Tax Map number 63 -6 -26, and be it further RESOLVED, That the City Chamberlain is authorized and directed to co make the appropriate changes in the Tax Roll and to prepare a new Q tax bill for this property. Ayes (8) - Booth, Romanowski, Blanchard, Johnson, Golder, Schroeder, Peterson, Hoffman Nay (1) - Daley Carried- Alderperson Cummings out of room at time of vote. * 14.8 Police Department _ Transfer of Funds By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the 1991 Budget of the Police Department be amended by $545., to be transferred from Account A690 -8 Police Asset Seizure Account to Account A3120 -425, for the acquisition of various investigative supplies. Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.9 Finance Department /Controller Request to Siqn Contract for Technical Assistance Study By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the City has awarded $3,474 in grant funds through the New York State Energy Office to assist localities in funding a Technical Assistance Study for energy conservation improvements to City buildings; now, therefore, be it RESOLVED, That the Mayor be authorized to sign a contract for services with the EME Group to perform a Technical Assistance Study, and be it further RESOLVED, That an amount not to exceed $6,600. be provided from the Capital Reserve #24 to provide Technical Assistance Studies (400e regarding energy conservation improvements for the Greater Ithaca Activities Center building, the Southside Community Center building, the Cass Park Facility building, and the Cass Park Compressor building. Carried (9 -0) Alderperson Cummings out of room at time of vote. 13 C fa 3 I3 1 -4 April 3, 1991 * 14. 10 Audit By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #6/1991 in the total amount of $17,276.09 be approved for payment. Carried (9 -0) Alderperson Cummings out of room at time of vote. HUMAN SERVICES COMMITTEE: * 15.1 Cable Commission By Alderperson Johnson: Seconded by Alderperson Hoffman WHEREAS, American Community Cablevision has discontinued the weather channel from its basic service and replaced it with the marketplace telemarketing channel, and WHEREAS, ACC, the Cable Commission and the City of Ithaca have received numerous complaints from subscribers about the removal of the weather channel and its replacement with the marketing channel, and WHEREAS, the basic service subscribers depended on the information provided by the weather channel; now, therefore, be it RESOLVED, That the Common Council protests the diminution of programming serving the public interest and requests that ACC restore the weather channel to its basic service. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried (9 -0) Alderperson Cummings out of room at time of vote. Community Police Board - Report Alderperson Johnson reported that the Community Police Board has reviewed and updated some parts of the Grievance procedure and there will be a resolution forthcoming to the Council. Youth Bureau - Program Review - Report Alderperson Johnson reported that the Youth Bureau is going through a procedure to evaluate their whole staffing plan. There will be more information at future Human Services Committee meetings. PLANNING AND DEVELOPMENT COMMITTEE: * 16.7 Environmental Impact Analysis /Northside Development By Alderperson Hoffman: Seconded by Alderperson Booth WHEREAS, extensive study and participatory planning activity over the past two years, including the preparation of the Northside Design Study, has identified opportunities and helped provide direction to stabilization and enhancement of an important part of the City, and WHEREAS, several proposals for projects discussed in the Study - 'Pogo Parcel' housing and park, Sciencenter, DPW consolidation, and Senior Citizens' Center - are currently being actively pursued, and WHEREAS, the City is the primary agency responsible for planning and decision making on these projects at this point, and WHEREAS, it is important to coordinate environmental review of related projects such as these, especially concerning the traffic and utilities impacts of capital facility and land use development; now, therefore, be it 14 April 3, 1991 RESOLVED, That this Common Council requests the Director of Planning and Development to have a long EAF prepared for the several projects as a whole, for review and action by Common Council. Discussion followed on the floor with Planning and Development Director VanCort answering questions from Council members. (WW", Alderperson Cummings returned to the meeting at 9:40 p.m. A vote on the resolution resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Amending Chapter 65 Entitled "Public Safety ", Section 65.34 Entitled "Consumption of Alcohol Beverages in Public Places" of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Schroeder co ORDINANCE NO. 91- AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE m CITY OF ITHACA MUNICIPAL CODE Q BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 65.34 entitled "Consumption of Alcoholic Beverages in Public Places" is hereby amended to read as follows: Section 65.34 Consumption of Alcoholic Beverages in Public Places A. Legislative intent and purpose. 1. The Common Council finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places, development of unsanitary conditions and is disturbing to the public and threatens peace and good order. 2. The purpose of this Article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior, development of unsanitary conditions and the littering of public places; and to protect the public health, safety and welfare and to promote the public good. 3. The Legislature of the State of New York has determined that since the New York State drinking age is 21, under age persons should be held responsible for their conduct and be prohibited from possessing alcoholic beverages in public. The consumption of alcoholic beverages in public places by persons under the legal drinking age is an aggravating factor. B. Definitions. For the purpose of this Article, the following terms shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage. 1. Alcoholic beverages shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being. 2. Container shall mean any bottle, can, glass or other receptacle suitable for or used to hold any liquid. 15 335 336 April 3, 1991 3. Public place shall mean any public highway, pedestrian mall, street, sidewalk, park, playground, parking area, municipal parking ramp and the Six Mile Creek Watershed area. C. Prohibited. No person shall, within the City of Ithaca, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public place as defined herein. D. Possession of open containers. 1. No person shall carry or have in his or her possession within or upon any public place in the City of Ithaca any open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any public places defined herein. E. Presumptions. 1. The possession of an open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place as herein defined. F. Exceptions. 1. The provisions of Section 65.34 shall not apply within boundaries of Cass Park or Stewart Park, which areas shall be regulated by the Board of Public Works, nor shall such prohibition apply to or within the boundaries of Treman Marina. 2. The provisions of Section 65.34 shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages in or upon any public place within the City, said license having been issued by the Alcoholic Beverage Control Board of Tompkins County and such organization having obtained permission from the Mayor. This exception shall apply only to the public place in the City in or upon which the alcoholic beverages are dispensed. G. Punishment. 1. The violation of any of the provisions of this Section shall be punishable by a fine not greater than One Hundred Dollars ($100.00) and /or not more than fifteen (15) days in jail, provided, however, that a person who violates this section after having been convicted of a violation of this section within the preceding three years shall be punishable by a fine not greater than One Hundred Fifty Dollars ($150.00) and /or not more than fifteen (15) days in jail, and further provided that a person who violates this section within the preceding three years shall be punishable by a fine not greater than Two Hundred Dollars ($200.00) and not more than fifteen (15) days in jail. 2. The violation of any of the provisions of this section by a person who is under the age of 21 years of age shall be punishable by a fine not greater than One Hundred Fifty Dollars ($150.00) and /or not more than fifteen (15) days in jail; provided, however, that the violation of any of the provisions of this section by a person under the age of 21 years who, after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) and /or not more than fifteen (15) days in jail, and further provided that the violation of any of the provisions of this section by a person under the age of 21 years after having been convicted of a 16 J co M M Q April 3, 1991 violation of any provision of this chapter two or more times within the preceding three years shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00) and /or not more than fifteen (15) days in jail. 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. (Published April 9, 1991) Discussion followed on the floor. A vote on the ordinance resulted as follows: Ayes (9) - Booth, Hoffman, Johnson, Daley, Cummings, Blanchard, Romanowski, Nay (1) - Golder Carried Peterson, Schroeder * 17.2 Revocable License for Outdoor Alcohol Service and Consumption for Simeon's Restaurant By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, in 1987, 1988, 1989 and 1990 the City of Ithaca issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000. insurance under the Dram Shop Act; now, therefore, be it RESOLVED, for the year 1991, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Simeon's Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in the application therefor, including minimum Dram Shop coverage in the amount of $500,000. and Commons Advisory Board approval for outdoor dining permits. Amendinq Resolution Alderperson Booth moved to amend the resolution to $1 million for the Dram Shop coverage. The motion failed for lack of a second. A vote on the resolution resulted as follows: Ayes (9) - Peterson, Johnson, Hoffman, Daley, Golder, Romanowski, Blanchard, Cummings, Schroeder Nay (1) - Booth Carried 17 337 April 3, 1991 Prioritization of Future Charter and Ordinance Issues - Report Alderperson Peterson reported that there is a list of 50 items for the committee to consider and the committee has prioritized a dozen items that the committee will try to work on this year. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Senior Citizens' Council Alderperson Golder reported that the Senior Citizens' Council is having funding problems and may have to reduce staff hours. He stated they are also looking for funding for a Health Insurance Counseling program. Shade Tree Advisory Committee Alderperson Golder reported Arbor Day activities will be held at Noon on April 26th on the Commons. People who want to apply for the citizen pruner program may do so through Cooperative Extension. There will be a series of three classes to teach people how to become a citizen pruner. The City will be planting 1,500 shrubs and approximately 120 trees this Spring. Hudson Street, Route 13 and Hillview Place will be included in this planting. There is money available through Small Business Administration Grants for the planting of trees. This makes it possible for a small business, like a tree - planting service, to obtain a grant and do some work for the City. The Committee walked along the Old Elmira Road area and is working on possible suggestions for improving that area. Disability Advisory Council Alderperson Golder will be meeting with the Disability Advisory Council on April 4 at 12 Noon in the second floor conference room. The council is alternating meetings between days and evenings so all people will be able to attend the meetings. One project that the Advisory Council is working on is to see if it is possible to get telecommunications for the deaf installed in the Police Department and the County Sheriff's Department. This would enable deaf people to make emergency calls. The handicapped curb cut at the corner of Seneca and Tioga Streets is really difficult for people in wheelchairs to negotiate and the Department of Public Works is going to do some renovations on that at some point next year. Pay Equity Committee Alderperson Peterson reported that letters will be going out next week to employees with the rankings and an appeal process will be set up for hearing appeals. Building Commissioner Hiring Committee Alderperson Peterson reported that the Building Commissioner Hiring Committee has had one meeting. June 15th is the deadline for applications. NEW BUSINESS: * 21.1 Central Business District Parking Committee By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the City hired Rich and Associates to conduct a study of the supply and demand for parking in the City's central business district, and WHEREAS, that study has indicated that the demand for parking significantly exceeds current supply, and E-? 339 April 3, 1991 WHEREAS, the Mayor appointed a Downtown Vision Task Force which included a committee to study parking in the central business district, and WHEREAS, the Downtown Vision Task Force Parking Committee and the Task Force as a whole concurred that there is a parking deficit in the central business district, and (400.1 WHEREAS, the Task Force has made certain recommendations regarding a parking facility including a preferred site, and WHEREAS, the Common Council has established a capital project for conducting feasibility studies relative to a parking structure in the central business district; now, therefore, be it RESOLVED, That the Mayor is authorized and directed to appoint a �. Central Business District Parking Garage Committee the co composition of which is to be as follows: �) 2 members from Common Council 1 member from the Department of Public Works (n 1 member from the Planning and Development Department Q 3 members at -large City Controller (ex- officio) City Attorney (ex- officio) RESOLVED, That the Committee will undertake such other studies as may be appropriate for it to make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, That in all further planning of a possible new parking facility, the Committee will function as the "Client Committee" subject to the approval of Common Council for any expenditure of funds. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the resolution regarding the Central Business District Parking Committee be referred to the Planning and Development Committee for review and report back to Council. Carried Unanimously New Business (400e Alderperson Hoffman referred to a letter sent to all members of Council from William Benson of Floral Avenue. He is trying to divide 2.7 acres of land into 4 or 5 building lots and there apparently has been a ruling that there is a wetland on the property which might interfere with the subdivision. Alderperson Blanchard stated she has spoken to Mr. Benson and he will be in touch with her and Alderperson Romanowski to take them on a tour of the property. This matter will ultimately go to the Planning Board and they will be the ones to make a decision on this property. 19 and be it further RESOLVED, That as its initial task, the Committee will prepare Requests for Proposals for architectural concept studies and cost estimates for a parking facility on the site recommended by the (tm� Downtown Council, Vision Task Force and, subject to the approval of Common will issue such requests for proposals, and be it further RESOLVED, That the Committee will undertake such other studies as may be appropriate for it to make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, That in all further planning of a possible new parking facility, the Committee will function as the "Client Committee" subject to the approval of Common Council for any expenditure of funds. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the resolution regarding the Central Business District Parking Committee be referred to the Planning and Development Committee for review and report back to Council. Carried Unanimously New Business (400e Alderperson Hoffman referred to a letter sent to all members of Council from William Benson of Floral Avenue. He is trying to divide 2.7 acres of land into 4 or 5 building lots and there apparently has been a ruling that there is a wetland on the property which might interfere with the subdivision. Alderperson Blanchard stated she has spoken to Mr. Benson and he will be in touch with her and Alderperson Romanowski to take them on a tour of the property. This matter will ultimately go to the Planning Board and they will be the ones to make a decision on this property. 19 40 April 3, 1991 Executive Session By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That the Council adjourn into Executive Session to discuss a personnel item and a possible real estate item. Carried Unanimously The meeting reconvened in Regular Session at 10:50 p.m. There were no resolutions presented from the Executive Session. Adjournment On a motion the meeting adjourned at 10:55 p.m. Calllsta F. Paolange i City Clerk 20 Benjamin Nichols Mayor m I I I I I it I I I I I Aye zi i i F ,v dAL A)VU1 -95 i 1 . I P I 4� � C: s) � �G���17 � 1 �_J.1-jil'J�2J1•'1?9?v y�llll -In %_ 7�7i� ����1�'11�1 -.� �� d 1 , /Lff ,i/✓Iy21� 011, ���;oclnzkl �� �d lcj �s vHw S r I I I I I it I I I I I Aye zi i i F ,v dAL A)VU1 -95 i 1 . I P I 4� � C: April 3, 1991 MAYOR'S APPOINTMENTS: Parks Commission Mayor Nichols requested Council's approval of the following appointments to the Parks Commission: One Year Terms Elizabeth Mulholland, representing Circle Greenway, non -city resident at present; also "at- large" Richard Fischer, representing Six Mile Creek Overseer Committee, non -city resident; environmental education Denise Rusoff, representing Recreation Committee of Ithaca Youth Bureau, 209 Hudson Street Two Year Terms David Fernandez, nurseryman, landscape designer, owner Cayuga Landscape Co. Inc., 905 North Tioga Street Joann Cornish -Epps, landscape designer, parks and playground designer, presently with Cornerstone Architects, 313 North Tioga Street Beverly Baker, "at- large ", 320 South Geneva Street Three Year Terms Nina Bassuk, representing Shade Tree Advisory Committee, horticulturist, non -city resident Diane Sherman, general ecology, 206 Hillview Place Daniel Krall, landscape architect, Vice - President, Historic Ithaca, 612 South Plain Street. Resolution By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That this Council approves the appointments to the Parks Commission as requested by Mayor Nichols. Carried Unanimously Disability Advisory Council Mayor Nichols requested approval of Council for the appointment of Larry Roberts, 301 South Geneva Street, to the Disability Advisory Council for a term to expire June 30, 1991, to replace Lynn Logan who has resigned. Resolution By Alderperson Golder: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Larry Roberts to the Disability Advisory Council with a term to expire June 30, 1991. Carried Unanimously COMMUNICATIONS• Mayor Nichols read a letter from Martin A. Luster, Assemblyman 125th District thanking the Mayor for his letter of March 25 and Council for their resolution of March 6, regarding proposed cuts in per capita State aid to local governments. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Sale of "Pogo Parcel" to Mutual Housing Association The following persons spoke to Council in favor of the sale of the- "Pogo- Parcel" to the Mutual Housing Association: Jeff Gruber, President Mutual Housing Association of Tompkins County, read a letter of support from the Finger Lakes Independent Living Center 2 April 3, 1991 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 April 3, 1991 PRESENT' Mayor Nichols Alderpersons (10) - Booth, Blanchard, Peterson, Johnson, Daley, Romanowski, Golder, Hoffman, Cummings, Schroeder OTHERS PRESENT' City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer co Planning and Development Director - VanCort Planning and Development Deputy Director - Sieverding Police Chief - McEwen Fire Chief - Olmstead Acting Building Commissioner - Eckstrom Youth Bureau Director - Cohen Acting Superintendent of Public Works - Gray Personnel Administrator - Saul Board of Public Works Commissioners - Reeves, Berg Tompkins County Board of Representatives - Lerner PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the March 6, 1991 Common Council Meeting By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the March 6, 1991 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Executive Session Alderperson Booth and Mayor Nichols requested an Executive Session at the end of the meeting to discuss a personnel item and a real estate item. No Council member objected. New Business Alderperson Hoffman requested that a letter from Mr. William Benson of Floral Avenue regarding a sub - division problem be discussed under New Business. No Council member objected. Planning and Development Committee Human Services Committee Alderpersons Hoffman and Johnson requested that the "Reports" under their committees be deleted in the interest of time. No Council member objected. 1 321 324 April 3, 1991 REPORT OF CITY CLERK: Designation of Polling Places for 1991 By Alderperson Daley: Seconded by Alderperson Johnson RESOLVED, That the following locations be designated as polling places for the City of Ithaca for the year 1991: First Ward Second Ward 1st District 2nd District 3rd District 4th District Chestnut Street 800 S. Plain St. 626 W. State St. 300 W. Court St 5th District Chestnut St. 1st District 2nd District 3rd District 4th District 5th District Third Ward 1st District 2nd District 3rd District 300 W. Court St. 310 W. Green St. 520 Hudson St. 310 W. Green St. 300 W. Court St. Cornell Campus Central Avenue Cornell Street Cornell Street Alternative Community School Titus Towers Housing Bangs Ambulance Service G.I.A.C. Building Alternative Community School G.I.A.C. Building Central Fire Sta. South Hill School Central Fire Sta. G.I.A.C. Building Willard Straight Hall Belle Sherman Annex Belle Sherman Annex Fourth Ward 1st District 635 Stewart Ave. Noyes Center 2nd District 402 E. State St. Challenge Industries 3rd District 309 College Ave. #9 Fire Station Fifth Ward 1st District 1012 N. Tioga St. #7 Fire Station 2nd District Corner King & Fall Creek School Aurora Streets 3rd District 309 Highland Rd. 1st Congregational Church 4th District Corner King & Fall Creek School Aurora Streets Carried Unanimously Alderperson Romanowski noted that Bang's Ambulance Service is allowing the City to use their building as a polling place this year and he thanked Mr. Bangs for the gesture. CITY CONTROLLER'S REPORT: Permanent Financing City Controller Cafferillo explained his discussion with Moody's Investment Services regarding the City's financial condition. He stated that Moody's Investment Services, after a number of meetings, were willing to uphold the City's AA rating, which will help the bids that we will take for our permanent financing on April 4. CITY ATTORNEY'S REPORT: Fire Station #66 City Attorney Guttman reported that on April 1, the City sold Fire Station #6 at 626 West State Street to Bang's Ambulance, Inc. The purchase price was $225,666.00; the closing costs to the City were $83.00 so the net proceeds were $225,583.00. We have received those funds and they have been turned over to the Controller's Office. 4 323 April 3, 1991 Robert Balder, Executive Director Mutual Housing Association of Tompkins County Bryan Isacks, Northside /Cascadilla Creek Civic Association RESPONSE TO THE PUBLIC: Sale of "Pogo Parcel" to the Mutual Housinq Association Alderperson Romanowski responded to the persons who had spoken (11� and called him regarding the issue of the sale of the "Pogo Parcel" to the Mutual Housing Association of Tompkins County. REPORT OF BOARD OF REPRESENTATIVES: Mr. Eric Lerner, 1st Ward Representative to the County Board reported on the following issues: Dryden Landfill Site - The County has received reports from the consultants on how the County can re- configure the DR -7 landfill site so as to avoid putting the landfill directly on the federally delineated wetlands that the County is finding there. M Although there are several concerns regarding this site to start looking for a new site would mean spending several million (� dollars of taxpayers money to start all over again, with some Q risks that we end up with another site that is just as bad, or worse. Closing of the Hillview Road Landfill - The County is looking toward closing the Hillview Road Landfill, which is also known as the Landstrom Landfill. The County has received consultants reports on new drillings and new information about how much seepage into the soil there has been and how much environmental contamination we are already dealing with. There will be a tour (moo", of the Hillview Road Landfill on April 11 if Council members would like to participate. County's Personnel Reclassification Project - The basic concept of the project is that the County is re -doing the entire personnel classification system to eliminate any hidden race or sex bias in the system. The project will be completed soon. Old Jail Building - The County is finishing the design phases of the renovation of the old jail building on Court Street. The building will probably be office space for the County Planning Department and other County offices. Mr. Lerner answered questions from Council members. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following matters: Spring Street Cleaning - The Spring cleaning of City streets started on April 1st. Due to budget cuts City crews will not be hand - raking and cleaning between the sidewalk and the curb as in previous years. If homeowners wish to rake their lawn between the sidewalk and curb, the debris may be raked into the gutter prior to the City crew cleaning the street. All streets to be worked on will be posted with "No Parking" signs 24 hours in advance of starting the work. Any vehicles parked after the 24- hour posting will be tagged and towed at the owners expense. Any debris placed in the gutter after the work crews have cleaned the posted streets will be cleaned up at the property owners expense. Commissioner Reeves answered questions from Council members regarding phosphates being added to the water supply, repaving of East State Street where the street was dug up, Golf Course fees, and stapling of signs to trees. 3 ct , April 3, 1991 WHEREAS, the City is the owner of a vacant parcel of land with dimensions 264 feet x 324.9 feet x 269.2 feet x 330 feet, being the premises conveyed to the City of Ithaca by Francis J. Paolangeli by deed dated May 10, 1990 and recorded in the Tompkins County Clerk's office on May 10, 1990 in Liber 654 of Deeds at page 254, hereinafter referred to as the "Pogo Parcel "; and WHEREAS, while the City has expressed its intent to commit the easterly one -third of this parcel for park purposes, the westerly two - thirds of the parcel are available to be developed for affordable housing. The City has accepted the recommendation of the Northside Land Use Committee to devote approximately two - thirds of the Pogo Parcel to housing with a strong preference for the encouragement of affordable housing; and WHEREAS, on February 6, 1991 the City of Ithaca has passed guidelines for the development of the Pogo Parcel including that the parcel shall be developed to provide long -term or permanent affordability for housing of good quality with as many units as possible offered at below market rate; and WHEREAS, Mutual Housing Association of Tompkins County, Inc. ( MHATC), a not - for - profit corporation, is organized and structured so that it is capable of developing the parcel so as to provide long -term affordable housing; and WHEREAS, MHATC has submitted a proposal to the City of Ithaca to develop the westerly two - thirds of the Pogo Parcel by constructing fourteen duplexes which will be dedicated for long- term affordable housing. The project is a two -phase project, the first phase being the development of the westerly one -third of the parcel and the second phase being the development of the middle one -third of the Pogo Parcel; and WHEREAS, in determining the market value of the westerly two - thirds of the Pogo Parcel the City of Ithaca has considered, among other factors, the original purchase price by the City of the entire Pogo Parcel ($297,000), the intended dedication of the easterly one -third of the Pogo Parcel for park purposes, the imposition of the above - mentioned development guidelines, the current real estate market, and, with respect to the middle one - third of the Pogo Parcel the necessity of the owner having to develop a road or alley between the parcel and the intended park; and WHEREAS, MHATC is prepared to apply to various public and private organizations for financial subsidies of its affordable housing project; and WHEREAS, MHATC is applying for a NYS Infrastructure grant in the amount of $70,000 and a grant or a loan in the amount of $180,000 from the Neighborhood Reinvestment Corporation and is also applying to the Federal Home Loan Bank for a grant in the amount of approximately $231,000 and a loan from the Federal Home Loan Bank to a lending institution in the amount of approximately $190,000 at an interest rate of one percent, which amount would then be loaned to MHATC at an interest rate of three percent; and WHEREAS, the rate at which the City of Ithaca borrows money is currently below seven percent; and - -WHEREAS, -there are approximately $392,000 of CDBG funds available which could be used for this project; and G 3 � 0 April 3, 1991 Cerafici Suit City Attorney Guttman reported that Thomas Cerafici is suing the City of Ithaca and the City School District through the Federal District Court in Nevada for $745,000.00. The suit is regarding a tax lien that he purchased in 1984, which was redeemed just before the expiration of the three year redemption period. The case is being handled through the City Attorney's Office and the City has made a motion in Federal Court to dismiss for lack of personal jurisdiction. PLANNING AND DEVELOPMENT COMMITTEE: * 16.6 Revised Environmental Assessment for Sale of Portion of "Pogo Parcel" for Mutual Housing By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, it is proposed that a portion of the block known as the 'Pogo Parcel' owned by the City and bounded by First, Franklin, (� and Adams Streets and Lake Avenue, be sold to the Tompkins County Co Mutual Housing Association for the purpose of development of M affordable housing, and WHEREAS, appropriate environmental review has been conducted CO including the preparation of the Short Environmental Assessment Q Form (SEAF) and the Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action unde- the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and (woo., 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 does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form and the Long Environmental Assessment Form dated March 11, 1991 and be it further RESOLVED, that this Common Council as lead agency, hereby does determine that the proposed action at issue 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. Ayes (9) - Romanowski, Hoffman, Golder, Johnson, Daley, Peterson, Blanchard, Cummings, Schroeder Nay (1) - Booth Carried INTERGOVERNMENTAL RELATIONS COMMITTEE: * 18.2 Sale of "Pogo Parcel" to Mutual Housing Association By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca is committed to helping to provide affordable housing; and 5 12 , April 3, 1991 based on its organizational documents that MHATC is organized and structured so that it is capable of providing and shall provide long -term affordable housing on the site serving appropriate sectors of the community and that the necessary funding is available for MHATC to successfully complete the project. The property shall not be conveyed until MHATC is ready, willing and able to commence construction. If by August 1, 1991, MHATC has not, in the City's sole discretion, arranged all necessary financing, or if by December 1, 1991, MHATC is not ready, willing and able to substantially commence construction, and, in the City's sole discretion, capable of completing the entire first phase of the project (the development of seven duplexes and their dedication to long -term affordable housing in conformance with the Pogo Parcel development guidelines), and likely to be able to complete the entire second phase of the project (the development of the additional seven duplexes on the middle one -third of the Pogo Parcel and their dedication to long -term affordable housing in compliance with the Pogo Parcel development guidelines), the City may cancel this contract. 6. The City would further grant to MHATC an option to acquire the middle one -third of the Pogo Parcel as shown on the attached sketch. The option shall be a period of 18 months running from the date of transfer of the westerly one third of the parcel. MHATC shall pay to the City the sum of seven hundred fifty dollars for this option which sum would be applied to the purchase price if MHATC exercised the option. MHATC would have the right to apply to the City to extend this option on the same terms for an additional 18 months upon showing to the City that by the end of this second 18 -month period they expect to be able to substantially commence construction of the second phase of the project and within one year thereafter complete construction of the second phase. The purchase price for the option parcel shall be the sum of $60,000. MHATC shall be entitled to exercise this option only if it can show, at the City's sole discretion, that it is ready, willing and able to successfully complete the second phase of the project. MHATC shall affirmatively agree to take all appropriate steps to apply for necessary funding to complete phase two of the project and if such funding is available, shall take all necessary steps to complete development of phase two of the project. 7. Until construction of phase two of the project is successfully completed or the above - mentioned option is terminated, MHATC shall be required to reserve any surplus funds from phase one to be applied by MHATC to the development of phase two of the project; and be it further RESOLVED, that the Mayor is hereby directed to take all appropriate steps to reprogram the necessary CDBG funds for their use on this project. Alderperson Booth explained the project. Alderperson Hoffman explained, in detail, his reasons for supporting this project. Discussion followed on the floor. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Romanowski RESOLVED, That the third Whereas Clause shall read as follows: "WHEREAS, while the City has expressed its intent, contingent upon receipt of EQBA funding, to- commit the easterly one -third of this parcel ... etc." Extensive discussion followed on the floor. M Pl- �3 A'7 April 3, 1991 WHEREAS, a review of the projected finances of the MHATC proposal demonstrates that if MHATC is to construct the projected housing on the site and provided it at affordable housing rates, MHATC will not be able to maintain a positive cash flow without paying the City for the value of the land over time at below market interest rates; and WHEREAS, while H. Matthys Van Cort is the Director of Planning and Development for the City and is a member of the Board of Directors of MHATC, he has had no part in the negotiation or decision - making process in this matter; and WHEREAS, this Council has made it clear to MHATC that this action by the City is not indicative nor in any way guarantees any further approvals by the City or any of its Boards; and WHEREAS, MHATC, in order to pursue funding for this project needs to show site control over the westerly one -third of the site; now, therefore, be it RESOLVED, That the City of Ithaca hereby determines, considering (� the factors previously mentioned, that the full value of the C[ westerly one -third of the Pogo Parcel, as more particularly shown on the attached sketch, is $90,000 (sketch is attached to Minute Book); and be it further RESOLVED, that the City of Ithaca hereby determines, considering the factors previously mentioned, that the full value of the middle one -third of the Pogo Parcel, as more particularly shown on the attached sketch, is $60,000; and be it further RESOLVED, that the City of Ithaca hereby determines that MHATC is the preferred entity to develop the westerly two - thirds of the Pogo Parcel for long term affordable housing; and be it further RESOLVED, that the City Attorney is hereby directed to negotiate a contract with MHATC on the following terms: 1. The City of Ithaca shall convey to MHATC the westerly one -third of the Pogo parcel for the purchase price of $90,000. 2. $90,000 shall be paid by MHATC to the City of Ithaca by MHATC executing and delivering to the City a purchase money bond and mortgage in the amount of $90,000 payable as follows: interest only on a monthly basis at three percent for a period of twelve years and then the $90,000 balance amortized over the following twelve years with an interest rate of seven percent and monthly payments. The bond and mortgage may be subordinated to a construction loan or other permanent financing mortgage for the development of seven duplexes on the site, the construction loan or other permanent mortgage not to exceed $220,000 so that the mortgage to the City will not be subordinated to more than $220,000 of other debt. 3. The City of Ithaca shall convey the property by bargain and sale deed. The property shall be conveyed in its "as is" (400-.1 condition. The property conveyed shall be that described on the attached sketch. 4. The deed shall contain restrictive covenants including the Pogo Parcel development guidelines or other language accomplishing those purposes and shall contain a provision granting to the City a right of first refusal to reacquire the premises in -the event that MHATC intends to sell or otherwise convey the premises. 5. The contract shall be contingent upon MHATC providing appropriate assurances and documentation to the City of Ithaca so that the City of Ithaca determines, in its sole discretion, that 7 April 3, 1991 BUDGET AND ADMINISTRATION COMMITTEE: * 14.1 Fire Department Request for Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Fire Chief has recommended Administrative Secretary Christine Brill for an Employee Incentive Award pursuant to the policy and procedures established by the Budget and Administration Committee, and WHEREAS, the Fire Chief has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Fire Chief's recommendation complies with the policy and procedures established by the Budget and Administration Committee; now, therefore, be it RESOLVED, That Christine Brill's salary be increased by eight (8 %) percent to an annual salary of $29,745 effective March 14, 1991. Ayes (8) - Booth, Johnson, Blanchard, Hoffman, Daley, Peterson, Schroeder, Romanowski Nay (1) - Golder Carried Alderperson Cummings out of room at time of vote. * 14.2 Youth Bureau Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Youth Bureau Director has recommended Assistant Activities Center Coordinator Linda Sterk for an Employee Incentive Award pursuant to the terms of the CSEA Administrative Unit contract, and WHEREAS, the Youth Bureau Director has provided the Budget and Administration Committee with substantial justification for granting this Employee Incentive Award, and WHEREAS, the Youth Bureau Director's recommendation complies with the procedure and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That Linda Sterk's salary be increased eight (8 %) percent to an annual salary of $23,190 effective February 20, 1991. Ayes (7) - Johnson, Romanowski, Daley, Blanchard, Peterson, Hoffman, Schroeder Nays (2) - Booth, Golder Carried Alderperson Cummings out of room at time of vote. Alderperson Golder stated, for the record, that the reason for his opposition to incentive awards is, in his opinion, the unfairness of merit pay, and he does not think the City should be involved in deciding the salary of people on a case -by -case basis. * 14.3 Fire Department Standardization of Motorola Radio Equipment By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has been requested by the Board of Fire Commissioner to standardize on Motorola radio equipment to be used by the City of Ithaca Fire Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and 10 April 3, 1991 Alderperson Cummings stressed that this amendment does not preclude the creation of a park. She said that what this amendment does is take away the binding nature of a commitment to a park if'we don't get the money. Further discussion followed on the floor with City Attorney Guttman answering questions from Council members. A vote on the amendment resulted as follows: Ayes (7) - Booth, Johnson, Cummings, Golder, Blanchard, Romanowski, Schroeder Nays (3) - Peterson, Daley, Hoffman Carried Alderperson Booth suggested that the words "or alley" in the last (�- line of the seventh Whereas Clause be deleted. No Council member objected. Alderperson Hoffman suggested that in the final Resolved, Item 5, third line, the words "City of Ithaca" be stricken and the words 'Q "Common Council" be inserted. No Council member objected. Amending Resolution By Alderperson Johnson: Seconded by Alderperson Cummings RESOLVED, That there be a new Resolved Clause added before the last Resolved Clause to read as follows: "RESOLVED, That the money from the re- payment of this loan or payment of a mortgage to the City be placed in a designated Ithaca Housing Trust Fund to continue the City's commitment to affordable housing for low and moderate income residents." Discussion followed on the floor on the amendment. After comments from City Controller Cafferillo and City Attorney Guttman, Alderperson Johnson withdrew his amendment with the possibility that it may be re- introduced and referred to a committee at a later date. Main Motion as Amended A Roll Call vote on the foregoing resolution, as amended, resulted as follows: 9 Cummings - Aye Johnson - Aye Golder - Aye Hoffman - Aye Booth - Aye Schroeder - Aye Peterson - Aye Blanchard - Nay Romanowski - Aye Daley - Aye Ayes (9) Nay (1) Carried (400.1 Recess Common Council recessed at 8:45 p.m. and reconvened in regular session at 9:05 p.m. Alderperson Cummings left the meeting at 8:45 p.m. 9 �-) April 3, 1991 6. All members of the Ithaca Fire Department are trained exclusively in the proper use and operation of MSA Self Contained Breathing Apparatus; now, therefore, be it RESOLVED, That pursuant to Section General Municipal Law of the State Council hereby authorizes the stan Contained Breathing Ap[paratus and equipment to be used and purchased Department during the year 1991. 103, Subdivision 5 of the of New York this Common 3ardization of MSA Self Equipment as the type of by the City of Ithaca Fire Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.5 Department of Public Works /Cornell Work Study Program By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the Department of Public Works has budgeted $4600. for seasonal part time personnel, and WHEREAS, the Department of Public Works has benefited by participation in the work study and Summer Job Network programs at Cornell University over the past several years, and WHEREAS, 60% of work study wages paid by the City are reimbursed by Cornell University; now, therefore, be it RESOLVED, That the Acting Superintendent of Public Works be authorized to sign work study contracts in an amount not to exceed $4600. for the 1990 -1991 academic year. Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.6 Department of Public Works Approval of Elmira Road Sidewalks, Project Design By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, Common Council has established a Capital Project for $250,000. for the installation of sidewalks on Elmira Road, and WHEREAS, the Board of Public Works would like more information about the feasibility and the design implications of such a project; now, therefore, be it RESOLVED, That the Board of Public Works recommends to the Common Council the approval of a contract with Peter S. Weed for a feasibility study and schematic design for Elmira Road sidewalks as proposed in his letter of January 15, 1991 for a sum not to exceed $4,000., and be it further RESOLVED, That $4,000. be transferred from Account A1990 Unrestricted Contingency to Capital Project #237 Elmira Road sidewalks, to finance this study, subject to reimbursement when the applicable benefit assessment district is established. Extensive discussion followed on the floor with the pros and cons of the need for sidewalks in this area. A vote on the resolution resulted as follows: Ayes (7) - Booth, Johnson, Daley, Golder, Schroeder, Peterson, Hoffman Nays (2) - Blanchard, Romanowski Carried Alderperson Cummings out of room at time of vote. 12 331 April 3, 1991 WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has all Motorola radio equipment. (aw", 2. The Tompkins County Emergency Control Center presently has all Motorola console and communication equipment. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 4. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different Co types of radio equipment. M 5. Present Motorola radio equipment has been satisfactory for the uses of the Ithaca Fire Department. 6. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by the City of Ithaca Fire Department during the year 1991. Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.4 Fire Department Standardization of MSA Self Contained Breathinq Apparatus and Equipment By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, this Common Council has been requested by the Board of Fire Commissioner to standardize on MSA Self Contained Breathing Apparatus and Equipment to be used by the City of Ithaca Fire Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has all MSA Self Contained Breathing Apparatus and equipment. 2. The City of Ithaca Fire Department is an authorized repair facility for MSA Self Contained Breathing Apparatus. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said breathing apparatus. 4. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different types of breathing apparatus. 5. Present MSA Breathing Apparatus has been satisfactory for the uses of the Ithaca Fire Department. 11 * 14. 10 Audit By Alderperson RESOLVED, That #6/1991 in the payment. April 3, 1991 Booth: Seconded by Alderperson Romanowski the bills presented, as listed on Audit Abstract total amount of $17,276.09 be approved for Carried (9 -0) Alderperson Cummings out of room at time of vote. HUMAN SERVICES COMMITTEE: * 15.1 Cable Commission By Alderperson Johnson: Seconded by Alderperson Hoffman WHEREAS, American Community Cablevision has discontinued the weather channel from its basic service and replaced it with the marketplace telemarketing channel, and WHEREAS, ACC, the Cable Commission and the City of Ithaca have received numerous complaints from subscribers about the removal of the weather channel and its replacement with the marketing channel, and WHEREAS, the basic service subscribers depended on the information provided by the weather channel; now, therefore, be it RESOLVED, That the Common Council protests the diminution of programming serving the public interest and requests that ACC restore the weather channel to its basic service. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried (9 -0) Alderperson Cummings out of room at time of vote. Community Police Board - Report Alderperson Johnson reported that the Community Police Board has reviewed and updated some parts of the Grievance procedure and there will be a resolution forthcoming to the Council. Youth Bureau - Program Review - Report Alderperson Johnson reported that the Youth Bureau is going through a procedure to evaluate their whole staffing plan. There will be more information at future Human Services Committee meetings. PLANNING AND DEVELOPMENT COMMITTEE: * 16.7 Environmental Impact Analysis /Northside Development By Alderperson Hoffman: Seconded by Alderperson Booth WHEREAS, extensive study and participatory planning activity over the past two years, including the preparation of the Northside Design Study, has identified opportunities and helped provide direction to stabilization and enhancement of an important part of the City, and WHEREAS, several proposals for projects discussed in the Study - 'Pogo Parcel' housing and park, Sciencenter, DPW consolidation, and Senior Citizens' Center - are currently being actively pursued, and WHEREAS, the City is the primary agency responsible for planning and decision making on these projects at this point, and WHEREAS, it is important to coordinate environmental review of related projects such as these, especially concerning the traffic and utilities impacts of capital facility and land use development; now, therefore, be it 14 t/33 April 3, 1991 * 14.7 Finance Department /Chamberlain Request Correction to the 1991 City Tax Roll By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, pursuant to Section 554 (Sub 4A) of the Real Property Tax Law, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by Gus Lambrou, and WHEREAS, the investigation revealed an erroneous inventory of improvements resulted in over assessment of 405 -407 Eddy Street, and WHEREAS, the Director of Assessment recommends that the taxable value of this property be changed from $786,300. to $481,300.; now, therefore, be it RESOLVED, That the 1991 Tax Roll for the City of Ithaca be (o amended to reduce the assessment of Tax Map number 63 -6 -26, and M be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new Q tax bill for this property. Ayes (8) - Booth, Romanowski, Blanchard, Johnson, Golder, Schroeder, Peterson, Hoffman Nay (1) - Daley Carried Alderperson Cummings out of room at time of vote. * 14.8 Police Department - Transfer of Funds By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the 1991 Budget of the Police Department be amended by $545., to be transferred from Account A690 -8 Police Asset Seizure Account to Account A3120 -425, for the acquisition of various investigative supplies. Carried (9 -0) Alderperson Cummings out of room at time of vote. * 14.9 Finance Department /Controller Request to Siqn Contract for Technical Assistance Study By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the City has awarded $3,474 in grant funds through the New York State Energy Office to assist localities in funding a Technical Assistance Study for energy conservation improvements to City buildings; now, therefore, be it RESOLVED, That the Mayor be authorized to sign a contract for services with the EME Group to perform a Technical Assistance Study, and be it further RESOLVED, That an amount not to exceed $6,600. be provided from the Capital Reserve #24 to provide Technical Assistance Studies Qe regarding energy conservation improvements for the Greater Ithaca Activities Center building, the Southside Community Center building, the Cass Park Facility building, and the Cass Park Compressor building. Carried (9 -0) Alderperson Cummings out of room at time of vote. 13 '13(► April 3, 1991 3. Public place shall mean any public highway, pedestrian mall, street, sidewalk, park, playground, parking area, municipal parking ramp and the Six Mile Creek Watershed area. C. Prohibited. No person shall, within the City of Ithaca, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public place as defined herein. D. Possession of open containers. 1. No person shall carry or have in his or her possession within or upon any public place in the City of Ithaca any open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any public places defined herein. E. Presumptions. 1. The possession of an open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place as herein defined. F. Exceptions. 1. The provisions of Section 65.34 shall not apply within boundaries of Cass Park or Stewart Park, which areas shall be regulated by the Board of Public Works, nor shall such prohibition apply to or within the boundaries of Treman Marina. 2. The provisions of Section 65.34 shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages in or upon any public place within the City, said license having been issued by the Alcoholic Beverage Control Board of Tompkins County and such organization having obtained permission from the Mayor. This exception shall apply only to the public place in the City in or upon which the alcoholic beverages are dispensed. G. Punishment. 1. The violation of any of the provisions of this Section shall be punishable by a fine not greater than One Hundred Dollars ($100.00) and /or not more than fifteen (15) days in jail, provided, however, that a person who violates this section after having been convicted of a violation of this section within the preceding three years shall be punishable by a fine not greater than One Hundred Fifty Dollars ($150.00) and /or not more than fifteen (15) days in jail, and further provided that a person who violates this section within the preceding three years shall be punishable by a fine not greater than Two Hundred Dollars ($200.00) and not more than fifteen (15) days in jail. 2. The violation of any of the provisions of this section by a person who is under the age of 21 years of age shall be punishable by a fine not greater than One Hundred Fifty Dollars ($150.00) and /or not more than fifteen (15) days in jail; provided, however, that the violation of any of the provisions of this section by a person under the age of 21 years who, after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) and /or not more than fifteen (15) days in jail, and further provided that the violation of any of the provisions of this section by a person under the age of 21 years after having been convicted of a MR J April 3, 1991 RESOLVED, That this Common Council requests the Director of Planning and Development to have a long EAF prepared for the several projects as a whole, for review and action by Common Council. Discussion followed on the floor with Planning and Development Director VanCort answering questions from Council members. Alderperson Cummings returned to the meeting at 9:40 p.m. A vote on the resolution resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Amendinq Chapter 65 Entitled "Public Safety ". Section 65.34 Entitled "Consumption of Alcohol Beverages in Public Places" of the City of Ithaca Municipal Code By Alderperson Peterson: Seconded by Alderperson Schroeder co ORDINANCE NO. 91- AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE m CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 65.34 entitled "Consumption of Alcoholic Beverages in Public Places" is hereby amended to read as follows: Section 65.34 Consumption of Alcoholic Beverages in Public Places A. Legislative intent and purpose. 1. The Common Council finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places, development of unsanitary conditions and is disturbing to the public and threatens peace and good order. 2. The purpose of this Article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior, development of unsanitary conditions and the littering of public places; and to protect the public health, safety and welfare and to promote the public good. 3. The Legislature of the State of New York has determined that since the New York State drinking age is 21, under age persons should be held responsible for their conduct and be prohibited from possessing alcoholic beverages in public. The consumption of alcoholic beverages in public places by persons under the legal drinking age is an aggravating factor. B. Definitions. For the purpose of this Article, the following terms shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage. 1. Alcoholic beverages shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being. 2. Container shall mean any bottle, can, glass or other receptacle suitable for or used to hold any liquid. 15 335 A April 3, 1991 Prioritization of Future Charter and Ordinance Issues - Report Alderperson Peterson reported that there is a list of 50 items for the committee to consider and the committee has prioritized a dozen items that the committee will try to work on this year. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Senior Citizens' Council Alderperson Golder reported that the Senior Citizens' Council is having funding problems and may have to reduce staff hours. He stated they are also looking for funding for a Health Insurance Counseling program. Shade Tree Advisory Committee Alderperson Golder reported Arbor Day activities will be held at Noon on April 26th on the Commons. People who want to apply for the citizen pruner program may do so through Cooperative Extension. There will be a series of three classes to teach people how to become a citizen pruner. The City will be planting 1,500 shrubs and approximately 120 trees this Spring. Hudson Street, Route 13 and Hillview Place will be included in this planting. There is money available through Small Business Administration Grants for the planting of trees. This makes it possible for a small business, like a tree - planting service, to obtain a grant and do some work for the City. The Committee walked along the Old Elmira Road area and is working on possible suggestions for improving that area. Disability Advisory y Cou ncil Alderperson Golder will be meeting with the Disability Advisory Council on April 4 at 12 Noon in the second floor conference room. The council is alternating meetings between days and evenings so all people will be able to attend the meetings. One project that the Advisory Council is working on is to see if it is possible to get telecommunications for the deaf installed in the Police Department and the County Sheriff's Department. This would enable deaf people to make emergency calls. The handicapped curb cut at the corner of Seneca and Tioga Streets is really difficult for people in wheelchairs to negotiate and the Department of Public Works is going to do some renovations on that at some point next year. Pay Equity Committee Alderperson Peterson reported that letters will be going out next week to employees with the rankings and an appeal process will be set up for hearing appeals. Building Commissioner Hiring Committee Alderperson Peterson reported that the Building Commissioner Hiring Committee has had one meeting. June 15th is the deadline for applications. NEW BUSINESS: * 21.1 Central Business District Parking Committee By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the City hired Rich and Associates to conduct a study of the supply and demand for parking in the City's central business district, and WHEREAS, that study has indicated that the demand for parking significantly exceeds current supply, and M t 3 7 April 3, 1991 violation of any provision of this chapter two or more times within the preceding three years shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00) and /or not more than fifteen (15) days in jail. 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. (Published April 9, 1991) Discussion followed on the floor. A vote on the ordinance resulted as follows: Ayes (9) - Booth, Hoffman, Johnson, Daley, Peterson, Cummings, Blanchard, Romanowski, Schroeder Nay (1) - Golder Carried M * 17.2 Revocable License for Outdoor Alcohol Service and Consumption for Simeon's Restaurant By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, in 1987, 1988, 1989 and 1990 the City of Ithaca issued a Q license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and N40011 WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000. insurance under the Dram Shop Act; now, therefore, be it RESOLVED, for the year 1991, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Simeon's Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in the application therefor, including minimum Dram Shop coverage in the amount of $500,000. and Commons Advisory Board approval for outdoor dining permits. ` Amendinq Resolution Alderperson Booth moved to amend the Dram Shop coverage. the resolution to $1 million for The motion failed for lack of a second. A vote on the resolution resulted as follows: Ayes (9) - Peterson, Johnson, Hoffman, Daley, Golder, Romanowski, Blanchard, Cummings, Schroeder Nay (1) - Booth Carried 17 340 April 3, 1991 Executive Session By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That the Council adjourn into Executive Session to discuss a personnel item and a possible real estate item. Carried Unanimously The meeting reconvened in Regular Session at 10:50 p.m. There were no resolutions presented from the Executive Session. Adjournment On a motion the meeting adjourned at 10:55 p.m. Callista F. Paolange i City Clerk 20 Benjamin Nichols Mayor 0 3 3 April 3, 1991 WHEREAS, the Mayor appointed a Downtown Vision Task Force which included a committee to study parking in the central business district, and WHEREAS, the Downtown Vision Task Force Parking Committee and the Task Force as a whole concurred that there is a parking deficit in the central business district, and WHEREAS, the Task Force has made certain recommendations regarding a parking facility including a preferred site, and WHEREAS, the Common Council has established a capital project for conducting feasibility studies relative to a parking structure in the central business district; now, therefore, be it RESOLVED, That the Mayor is authorized and directed to appoint a �. Central Business District Parking Garage Committee the Co composition of which is to be as follows: �) 2 members from Common Council 1 member from the Department of Public Works [D 1 member from the Planning and Development Department Q 3 members at -large City Controller (ex- officio) City Attorney (ex- officio) RESOLVED, That the Committee will undertake such other studies as may be appropriate for it to make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, That in all further planning of a possible new parking facility, the Committee will function as the "Client Committee" subject to the approval of Common Council for any expenditure of funds. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the resolution regarding the Central Business District Parking Committee be referred to the Planning and Development Committee for review and report back to Council. Carried Unanimously New Business (6000" Alderperson Hoffman referred to a letter sent to all members of Council from William Benson of Floral Avenue. He is trying to divide 2.7 acres of land into 4 or 5 building lots and there apparently has been a ruling that there is a wetland on the property which might interfere with the subdivision. Alderperson Blanchard stated she has spoken to Mr. Benson and he will be in touch with her and Alderperson Romanowski to take them on a tour of the property. This matter will ultimately go to the Planning Board and they will be the ones to make a decision on this property. 19 and be it further RESOLVED, That as its initial task, the Committee will prepare Requests for Proposals for architectural concept studies and cost estimates for a parking facility on the site recommended by the Downtown Council, Vision Task Force and, subject will issue such requests for proposals, to the approval and be of Common it further RESOLVED, That the Committee will undertake such other studies as may be appropriate for it to make recommendations to Common Council on any decisions regarding the new parking facility, and be it further RESOLVED, That in all further planning of a possible new parking facility, the Committee will function as the "Client Committee" subject to the approval of Common Council for any expenditure of funds. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the resolution regarding the Central Business District Parking Committee be referred to the Planning and Development Committee for review and report back to Council. Carried Unanimously New Business (6000" Alderperson Hoffman referred to a letter sent to all members of Council from William Benson of Floral Avenue. He is trying to divide 2.7 acres of land into 4 or 5 building lots and there apparently has been a ruling that there is a wetland on the property which might interfere with the subdivision. Alderperson Blanchard stated she has spoken to Mr. Benson and he will be in touch with her and Alderperson Romanowski to take them on a tour of the property. This matter will ultimately go to the Planning Board and they will be the ones to make a decision on this property. 19