HomeMy WebLinkAboutMN-CC-1991-06-05367
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. June 5, 1991
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Peterson, Daley, Hoffman,
Golder, Schroeder, Romanowski, Cummings
Blanchard (arrived at 8:05 p.m. and left the
meeting at 10:00 p.m.),
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
Deputy City Controller - Thayer
Planning and Development Director - VanCort
Fire Chief - Olmstead
Acting Building Commissioner - Eckstrom
co Board of Public Works Commissioners - Reeves, Berg
M Youth Bureau Director - Cohen
Acting Superintendent of Public Works - Gray
m Personnel Administrator - Saul
Q 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 May 1, 1991 Common Council Minutes
By Alderperson Peterson: Seconded by Alderperson Romanowski
RESOLVED, That the Minutes from the May 1, 1991 Common Council
(Woov meeting be approved as published.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - Reprogramming of 1989 Mutual Housing Association
Funds
Resolution to Open Public Hearing
By Alderperson Johnson: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider the reprogramming of
1989 Mutual Housing Association Funds be declared open.
Carried Unanimously
Alderperson Hoffman explained the reprogramming issue.
No one appeared to address the public hearing.
Resolution to Close Public Hearing
By Alderperson Booth: Seconded by Alderperson Peterson.
RESOLVED, That the Public Hearing to consider the reprogramming of
1989 Mutual Housing Funds be declared closed.
Carried Unanimously
ADDITIONS TO THE AGENDA:
Executive Session
Mayor Nichols stated that later in the meeting there will be an
Executive Session.
MAYOR'S APPOINTMENTS:
Disability Advisory Council
Mayor Nichols requested Council's approval for the appointment of
Richard Buckingham, 6 Asbury Drive, to the Disability Advisory
Council, to replace Ray Reynolds, with a term to expire June 30,
1992.
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June 5, 1991
Resolution
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That this Council approves the appointment of Richard
Buckingham to the Disability Advisory Council with a term to expire
June 30, 1992.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
South Hill Recreation Way
Mr. Bill Hilker, resident of the Town of Ithaca, spoke to Council
in regard to the proposed South Hill Recreation Way. He presented
a letter from the Town of Ithaca Taxpayers Association in
opposition to the Recreation Way. (The letter is on file in the
City Clerk's Office).
Strand Theater
Mr. Alan Cohen, 110 North Aurora Street, urged Council to
reconsider the deadline extension that was granted for bids to be
received for the sale of the Strand. On behalf of the Downtown
Business Association he asked that some disposition be made of the
building without further delay.
Ms. Mary Trochim, Chairperson of the Culture and Recreation
Committee for the Downtown Vision Task Force, spoke to Council on
the issue of the Strand Theater. She asked Council to move forward
with the sale of the building and to reconsider the bid deadline
that was extended.
South Hill Recreation Way
Mr. Guy Gerard addressed Council regarding the South Hill
Recreation Way. He urged Council to grant the easement that the
Town is requesting. He thinks the City should_ ask the Town, in
return, to cooperate with the City in pushing forward with the re-
zoning of the land below the railroad track. Mr. Gerard stated
that he also believes the Town should restrict the use of
motorcycles, ATVs, etc. on the trail.
RESPONSE TO THE PUBLIC:
Strand Theater
Alderperson Booth stated that he believes the Council should take
up the issue of the Strand Theater at the next meeting of Council.
Recreation Way
Mayor Nichols stated that in regard to the Recreation Way, whatever
the differences of opinion may be among residents of the Town of
Ithaca, the City has to recognize that the elected officials of the
Town are the ones who have made this request to the City.
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner spoke to Council on the following matters:
Legislation on Discrimination re. Sexual Preference or
Orientation - The Board had, and then removed from the agenda
temporarily, legislation which would have extended to County
residents what is already the case in the City, a law barring
discrimination in housing, jobs, and other areas on the basis of
sexual preference or orientation. He said there will be some work
done on the wording of the legislation and it will be back to the
Board on July 9th.
DR -7 Landfill - Also pulled from the agenda was a resolution
that would have chosen a final configuration of how to lay out the
landfill so that it doesn't overlap the wetlands. Dryden residents
have raised some troubling concerns about the wetlands and what the
impact on the watershed might be, so the matter is going back to
committee and the Board will be looking at it again.
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June 5, 1991
State Budget - The State may cut several hundred thousand
dollars from the County budget.
Civilian Review for Sheriff's Department - The Board is now in
the final stages of approving a Civilian Board to oversee citizen's
complaints about the Sheriff's Department. The County Board is
still looking for people to volunteer to serve on that Committee.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported to Council on the following issues:
Professional Services Contracts
On May 29 the Board of Public Works passed resolutions authorizing
the Acting Superintendent to enter into contracts with Malcolm
Pirnie, Inc. for Water Treatment Plant Renovations and with Novelli
and Co. for the Green Street Garage Reconstruction project which
are Items 2 and 3 on the Budget and Administration Committee agenda
(I— this evening.
CD Free Parking at Meters - On May 22 the Board passed a
(7) resolution authorizing free parking at downtown meters Friday
evenings and Saturdays beginning July 1.
m
Gt Change of Meeting Dates for July - Due to the July 4th
holiday, the Board will hold their regular meetings on July 17 and
31, 1991.
Parking Lot Survey - During the week of May 5 thru May 10,
1991 parking lot attendants collected tickets, but not money,
between 6:30 p.m. and 8:00 p.m. as a survey to see how many people
were exiting the garages at that time without paying for the time
they had parked before 6:30 p.m. The Board has asked the Finance
Department to review the income versus the expenses to see if
extended hours would be worthwhile. In the Fall, the Board may
take a morning survey to see how many people exit the ramps between
8:00 a.m. and 10:00 a.m.
Clinton Street Bridge - will be closed for repairs in three
weeks. The business owners in the area will be notified by mail
and the closing will be well publicized.
Feasibility Study on the Elmira Road Sidewalk - At today's
Committee of the Whole meeting, Mr. Peter Weed presented the
Feasibility Study on the Elmira Road sidewalk project. The Board
will hold a public information session on Tuesday, June 18, 1991 at
7:30 p.m.
COMMUNICATIONS FROM THE MAYOR:
State Budget
Mayor Nichols reported that due to a cut in the State budget in
Revenue Sharing Funds for 1991, we will receive $551,000 less than
we had budgeted.
Review of Commons Advisory Board
Mayor Nichols stated that he has distributed to all members of
Council a memorandum in which he has noted that he is appointing a
(awe small committee to review the future of the Commons Advisory Board
including the Operations Manual, and the Commons rules and
regulations.
Mayor Nichols stated that the committee will consist of Jeff
Furman, Carolyn Peterson, and Denise Rusoff. The Committee has
been requested to report back to the Council by October 1, 1991.
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June 5, 1991
CITY ATTORNEY'S REPORT:
Carpenter Business Park - Ironics, Inc.
City Attorney Guttman reported that the City entered into an
agreement with Ironics, Inc. on May 22, 1991 wherein the City
granted to Ironics, Inc. an option to lease or purchase Lot 4 in
Carpenter Business Park. The City has received a check for $1,500.
from Ironics, Inc. for that option. He stated that this
transaction is tied in with the City conveying property to Vincent
Giordano adjacent to Lot 4, which is a 10 foot strip.
Mr. Guttman stated that the deed with Mr. Giordano has been
executed. All papers are being held until Mr. Giordano receives
the necessary building permits to complete the construction.
Clyde Collins Lawsuit
City Attorney Guttman reported that the Clyde Collins lawsuit
against the City has been dismissed.
HUMAN SERVICES COMMITTEE:
* 15.1 Civilian Complaint Against Police Personnel Procedure
WHEREAS, on September 3, 1986, the Council passed a Resolution,
which Resolution now sets forth on pages R -45 through R -48/a of the
City of Ithaca Municipal Code establishing a City of Ithaca
Complaint of Police Actions Procedure, and
WHEREAS, in 1990, Section 2.13 of the City of Ithaca Charter was
amended to read:
"Section 2.13 City Police Board ... The Community Police Board
may recommend rules, by -laws and regulations for the government of
the Police Department of the City of Ithaca, not inconsistent with
the laws of this State, which may be promulgated through the Chief
of Police to the whole force: The Chief of Police shall have the
immediate direction and control of the police in the administration
of the rules, by -laws and regulations of the Department.
The Community Police Board shall act as Community Liaison to
the Police Department, actively fostering positive communication
between the Police and all segments of the community; it shall make
provisions for resolving complaint by the citizenry related to the
delivery of the Police Services; using established procedures, it
may recommend action against any member of the Police Department;
it shall recommend on its own initiative or at the request of the
Mayor, Common Council or the Police Chief on any matter affecting
policy or performance of the Police Department, including finances
and budget; it shall perform other such related duties as requested
by the Mayor or Common Council "; and
WHEREAS, the City of Ithaca Community Police Board has recently
drafted a new procedure for civilian complaints against Police
personnel and new complaint forms and information sheets; now,
therefore, be it
RESOLVED, That the Resolution passed by Common Council on September
3, 1986, establishing the City of Ithaca Citizen Complaint of
Police Actions Procedure be annulled, and be it further
RESOLVED, That the City of Ithaca Community Police Board is hereby
authorized to draft and establish procedures for its proper
functioning, and be it further
RESOLVED, That the City of Ithaca Community Police Board and the
Chief of Police are hereby directed to immediately advise the
Common Council of any changes in the procedures established by the
City of Ithaca Community Police Board for its proper functioning,
and be it further
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June 5, 1991
RESOLVED, That by the July 1991 Common Council meeting and every
six (6) months thereafter, the City of Ithaca Community Police
Board shall report to Common Council as to how the new procedures
established by the Board are working and how the Board is
functioning.
Discussion followed on the floor with City Attorney Guttman
answering questions from Council members.
Alderperson Golder suggested that the Second Resolved Clause be
deleted from the resolution.
Further discussion followed on the floor.
Alderperson Booth objected to the Second Resolved Clause being
deleted and offered the following:
Amending Resolution
(� By Alderperson Booth: Seconded by Alderperson Romanowski
co RESOLVED, That the Second Resolved Clause be amended to read as
M follows:
"RESOLVED, That the City of Ithaca Community Police Board is hereby
(Y] directed to establish and amend as necessary procedures for its
Q proper functioning, and be it further"
Carried (9 -0)
Alderperson Blanchard absent at the time of this vote.
Alderperson Johnson, for the record, stated that the Police Chief
and the Police Board have given their unanimous support for this
Resolution.
A vote on the Amended Resolution resulted as follows:
Carried (9 -0)
Alderperson Blanchard absent at the time of this vote.
CHARTER AND ORDINANCE COMMITTEE:
* 16.1 Two =Third Citv Residency Requirement for Citv Boards.
Committees and Commissions
By Alderperson Peterson: Seconded by Alderperson Hoffman
WHEREAS, the Common Council of the City of Ithaca has determined
the interests of the City of Ithaca will be best served by having
City Boards and Commissions made up predominantly of City
residents; now, therefore, be it
RESOLVED, That, unless specifically provided to the contrary or
otherwise required by law or contractual provisions, at least 2/3
of the voting membership of each City Board, Commission and
Committee shall consist of residents of the City of Ithaca, and be
it further
RESOLVED, That, with respect to any Board, Commission or Committee
which does not currently satisfy this requirement, the Board,
Commission or Committee shall continue to function with its current
membership; however, all new appointments, including re-
appointments to such Board, Commission or Committee shall be
residents of the City of Ithaca until the appropriate percentage of
City residents has been reached on each Board, Commission or
Committee.
Discussion followed on the floor. City Attorney Guttman suggested
removing the word "currently" in the second line of the Second
Resolved Clause and in the third line add the word "then" before
the word "current ".
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June 5, 1991
There was no objection, therefore the wording was accepted for
change in the Second Resolved Clause.
Alderperson Booth stated, for the record, that the Council's
intention is simply to deal with appointments of members to Boards
and not in any way to affect the authority of Boards to act.
A vote on the resolution as amended resulted as follows:
Carried (9 -0)
Alderperson Blanchard absent at the time of this vote.
* 16.2 Waiving the Two -Third City Residency Requirement for the
Youth Bureau Board
By Alderperson Peterson: Seconded by Alderperson Romanowski
WHEREAS, the Youth Bureau serves City and County residents, and
WHEREAS, the membership of the Youth Bureau Board consists of
certain members of City of Ithaca staff and certain representatives
from the Town of Ithaca, Village of Lansing, PTA, School District,
Tompkins County, Medical Society, Family Court /Probation, United
Way, Ithaca Police Department, GIAC and Student Representatives in
addition to nine members to be appointed by the Mayor, and
WHEREAS, as the result of such membership it is hereby determined
that the best interests of the City of Ithaca do not require that
2/3 of the membership of the Youth Bureau Board be residents of the
City of Ithaca; now, therefore, be it
RESOLVED, That it is not required that 2/3 of the members of the
Youth Bureau Board be residents of the City of Ithaca, but it is
specifically required that at least 2/3 of the Mayoral appointments
to the Youth Bureau Board be residents of the City of Ithaca.
Carried (9 -0)
Alderperson Blanchard absent at time of vote.
* 16.3 Waiving the Two -Third City Residency Requirement for the
Commons Advisory Board
By Alderperson Peterson: Seconded by Alderperson Cummings
WHEREAS, by Ordinance number 81 -6, adopted on December 2, 1981,
this Council established a Commons Advisory Board to be appointed
by the Mayor with the approval of the Common Council to be in
charge of various activities and /or powers relating to the Ithaca
Commons, and
WHEREAS, this Common Council wishes to recognize that in the
interest of the City of Ithaca membership on the Commons Advisory
Board may consist not only of predominantly City residents but may
also include owners of businesses located within the City of
Ithaca; now, therefore, be it
RESOLVED, That 2/3 of the Commons Advisory Board need not be
residents of the City of Ithaca but that at least 2/3 of the
Commons Advisory Board shall be either residents of the City of
Ithaca or owners of businesses located within the City of Ithaca.
Discussion followed on the floor.
Amending Resolution
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That, in the Resolved Clause and the Second Whereas
Clause, in the last line, after the word "businesses" add the words
"on The Commons or people who work on The Commons ", and delete the
words "located within the City of Ithaca."
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June 5, 1991
Discussion followed on the floor on the Amending Resolution. Mayor
Nichols noted that since a review committee has just been
established to review the future of the - Commons Advisory Board, it
might be best to send this resolution back to committee.
Alderperson Blanchard arrived at the meeting at 8:05 p.m.
(Woo" Motion to Refer Back to Committee
By Alderperson Schroeder: Seconded by Alderperson Cummings
RESOLVED, That the Resolution waiving the two -third City residency
requirement for the Commons Advisory Board be sent back to
committee to clarify the language of the resolution.
Ayes (7) - Johnson, Hoffman, Golder, Cummings, Daley, Booth,
Schroeder
Nays (3) - Blanchard, Peterson, Romanowski
Carried
(� * 16.4 Waiving the Two -Third City Residency Requirement for the
(o Access Advisory Board
M By Alderperson Peterson: Seconded by Alderperson Daley
WHEREAS, pursuant to Section 14.9 of the franchise agreement
m between the City of Ithaca and American Community Cablevision it is
provided that there shall be an Access Advisory Board to consist of
< nine members, three of whom are to be City residents (two to be
appointed by the City of Ithaca and one to be appointed by ACC),
two non -City residents (one to be appointed by the City of Ithaca
and one to be appointed by ACC), two representatives of
Institutional Access Users (both to be appointed by the City) and
one ACC representative and one City representative, and
WHEREAS, the composition of this Board is controlled by contract
(Woo." between the City of Ithaca and ACC; now, therefore, be it
RESOLVED, That 2/3 of the members of the Access Advisory Board need
not be City residents.
Carried Unanimously
* 16.5 Waiving the Two -Third City Residency Requirement for the
Board of Fire Commissioners
By Alderperson Peterson: Seconded by Alderperson Romanowski
WHEREAS, Article VI of the Ithaca City Charter provides that there
shall be a Board of Fire Commissioners consisting of five
Commissioners appointed by the Mayor and confirmed by Common
Council, at least three of these Commissioners to be residents of
the City of Ithaca and the remaining Fire Commissioners to be
residents of either the City of Ithaca or the Town of Ithaca in
Tompkins County, and
WHEREAS, the composition of the Board of Fire Commissioners is
affected by the contract between the City of Ithaca and the Town of
Ithaca; now, therefore, be it
RESOLVED, That 2/3 of the membership of the Board of Fire
Commissioners need not be residents of the City of Ithaca but that
the current requirements that three of the Commissioners be
residents of the City of Ithaca and the remaining two Commissioners
be residents of either the City of Ithaca or the Town of Ithaca, in
Tompkins County, New York, shall continue.
Carried Unanimously
* 16.6 Waiving the Two -Third City Residency Requirement for the
Affirmative Action Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the equal employment opportunity and affirmative action
plan was enacted by resolution of this Common Council on November
2, 1988, and
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June 5, 1991
WHEREAS, this Common Council has enacted a resolution requiring
that unless otherwise specifically provided, 2/3 of the membership
of all City Boards, Commissions and Committees shall be made up of
City residents, and
WHEREAS, membership of the Affirmative Action Advisory Committee
includes representatives of City departments, the personnel
administrator and certain community representatives, and
WHEREAS, in order for optimum functioning of the Affirmative Action
Advisory Committee, it may be desirable that the appropriate
representatives of City departments need not be City residents;
now, therefore, be it
RESOLVED, That it is not required that 2/3 of the Affirmative
Action Advisory Committee be residents of the City of Ithaca, but
it is specifically required that at least 2/3 of all community
representatives on the Affirmative Action Advisory Committee be
residents of the City of Ithaca.
Carried Unanimously
Reapportionment - Report
Recodification - Report
Alderperson Peterson reported that both issues will be on the
agenda for the Charter and Ordinance Committee meeting on June
13th. She invited all Council members to participate in the
discussions.
EXECUTIVE SESSION:
By Alderperson Johnson: Seconded by Alderperson Schroeder
RESOLVED, That Common Council adjourn into Executive Session at
8:15 p.m. for possible discussion of the following four items: the
Plan Review Officer position; negotiations with the County on
parking issues; negotiations on sale of Northside land; and the
Town of Ithaca Recreation Way easement.
Carried Unanimously
Regular Session
The Council reconvened in Regular Session at 9:05 p.m.
Recess
Common Council recessed at 9:05 p.m. and reconvened at 9:15 p.m.
Mayor Nichols reported that there were no resolutions from the
Executive Session. Council discussed a possible counter proposal
for negotiations with the County relevant to their contribution to
the parking problems with relation to the Mental Health building
and other downtown parking problems.
Mayor Nichols further stated that Council discussed the Northside
land, particularly under what conditions the City would transfer
land to the Senior Citizens Center. The negotiations on that
matter will continue.
Council also discussed possible compensation to the City from the
Town regarding the South Hill Recreation Way.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 Area Variance Criteria
b_. Call for Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
BE IT RESOLVED that Ordinance Number 91 - entitled "An Ordinance
Amending Section 30.58 entitled "Board of Appeals" of Chapter 30
M.
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June 5, 1991
Entitled `Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the Common Council of the City of
Ithaca, New York, and
BE IT FURTHER RESOLVED that the Common Council shall hold a public
hearing in the matter of the adoption of the aforesaid ordinance to
be held at the Common Council Chambers, City Hall, 108 East Green
Street, Ithaca, New York on July 3, 1991 at 7:00 P.M., and
(4w� BE IT FURTHER RESOLVED that the City Clerk give notice of such
public hearing by the publication of a notice in the official
newspaper, specifying the time when and the place where such public
hearing will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing.
BE IT FURTHER RESOLVED that the City Clerk shall transmit forthwith
to the Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance for
Co its report thereon.
M Carried Unanimously
* 17._1_ a Area Variance Criteria - Zoning Ordinance Amendments
The following is the ordinance that will be considered at the
Q public hearing on July 3, 1991:
ORDINANCE NO. 91 -
AN ORDINANCE AMENDING SECTION 30.58 ENTITLED `BOARD OF
APPEALS' OF CHAPTER 30 ENTITLED `ZONING' OF THE CITY OF ITHACA
MUNICIPAL CODE.
3. Variances:
I. Use Variance: Where there are practical difficulties or
unnecessary hardship imposed by strict application of regulations
governing permitted uses or permitted accessory uses, as set forth
in this Chapter, the Board of Zoning Appeals shall have the power
pursuant to Subdivision 3 of Section 81 of the General City Law, to
grant a variance modifying the application of these regulations.
In reaching a decision or determination of practical
difficulties or unnecessary hardship [of] the Board of Appeals
shall find the following conditions are present before granting a
variance to the use regulations of this Chapter:
a. That there are special circumstances or unique conditions,
fully described in the findings of the Board, applying to such land
or buildings and not applying generally to land or buildings in the
neighborhood, which would prevent said land or buildings from
yielding a reasonable return if used for any permitted purpose.
b. That for reasons fully set forth in the findings of the
Board, the granting of the variance is necessary for the reasonable
use of the land or building.
C. That the granting of the variance will be in harmony with
the general purposes and intent of this Chapter, and will not be
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BE IT
ORDAINED AND ENACTED
by the Common Council of
the City
of Ithaca, New York, as follows:
SECTION 1. RENUMBERING SECTION.
That
the first paragraph
of Section
30.58(B)(3)
entitled
"Variance"
is hereby amended by
making the
title of that
section
plural and
renumbering by the insertion
of
I in front of
the sub-
section entitled "Use Variance ",
so that it
reads as follows:
3. Variances:
I. Use Variance: Where there are practical difficulties or
unnecessary hardship imposed by strict application of regulations
governing permitted uses or permitted accessory uses, as set forth
in this Chapter, the Board of Zoning Appeals shall have the power
pursuant to Subdivision 3 of Section 81 of the General City Law, to
grant a variance modifying the application of these regulations.
In reaching a decision or determination of practical
difficulties or unnecessary hardship [of] the Board of Appeals
shall find the following conditions are present before granting a
variance to the use regulations of this Chapter:
a. That there are special circumstances or unique conditions,
fully described in the findings of the Board, applying to such land
or buildings and not applying generally to land or buildings in the
neighborhood, which would prevent said land or buildings from
yielding a reasonable return if used for any permitted purpose.
b. That for reasons fully set forth in the findings of the
Board, the granting of the variance is necessary for the reasonable
use of the land or building.
C. That the granting of the variance will be in harmony with
the general purposes and intent of this Chapter, and will not be
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June 5, 1991
injurious to the neighborhood or otherwise detrimental to the
public welfare.
SECTION 2. AMENDING AREA VARIANCE SECTION.
That the sub - section entitled "Area Variance" of Section
30.58(B)(3) is hereby amended to read as follows:
(Area Variance: Where there are practical difficulties or
special conditions which make regulations governing lot size, yard
size, building height, off - street parking and all other
regulations, except USE of land, unreasonable or impossible to
comply with, the Board of Appeals shall have the power, pursuant to
Subdivision 4 of Section 81 of the General City Law, to grant a
variance modifying these regulations as long as the spirit of the
regulation to be altered, and of the Chapter, is observed.
When a variance is granted by the Board of Appeals, and a
building permit to construct the building or part thereof for which
the variance has been granted has not been obtained within one year
from the day of the granting of the variance, said variance shall
become void.
In granting any variance, the Board of Appeals may prescribe
any conditions that it deems to be necessary or desirable so that
the spirit of this Chapter shall be observed, public safety and
welfare secured and substantial justice done.)
II Area Variance: Area regulations in zoning are designed
to control the amount of open space surrounding structures on a lot
in order to manage density, and provide safe access, sunlight, air
circulation, room for landscaping or other aesthetic
considerations Where there are practical difficulties or special
conditions which make area requirements governing lot size, yard
size, set - backs, building height, off - street parking and all other
similar requirements, except the USE of land, unreasonable or
impossible to comply with, the Board of Appeals shall have the
power, pursuant to Subdivision 4 of Section 81 of the General City
Law, to grant a variance or variances from any provision of these
requirements so long as the spirit of the Zoning Ordinance is
observed.
a Practical difficulties or special conditions: The terms
practical difficulties" or "special conditions" mean that there
are unusual physical circumstances or other conditions peculiar to
the particular lot or improvement thereon which make it
impractical, expensive, infeasible or difficult to develop property
in strict conformity with the provisions of the zoning regulations.
Examples of such practical difficulties or special conditions
include, but are not limited to, irregularity, narrowness or
shallowness of lot size or shape, or exceptional topographical or
other physical conditions.
b (1) Standards to be applied: An applicant for an area
variance must demonstrate that the variance, if granted, will not
create a substantial negative change in the essential character of
the neighborhood or district in which the property is located, nor
substantially or permanently impair the appropriate use or
development of adjacent property, nor be detrimental to the public
welfare.
b (2) Burden of proof: The burden is on-the applicant to
clearly identify the nature of the practical difficulty or special
condition and to document, through economic or other data, why it
is impractical, infeasible, expensive or difficult to develop the
property in strict conformity with the zoning ordinance.
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June 5, 1991
b. (3) Factors which may be considered in evaluating the
request: In determining whether to grant an area variance the
Board may consider:
i_) whether the requested variance represents a relatively
minor deviation from the area requirements in question;
ii) whether a substantial positive change will be produced in
the character of the neighborhood,
iii) whether granting the variance will increase the
accessibility or adaptability of the property for handicapped or
disabled individuals;
iv) whether granting the variance will have a positive impact
on the amount, type, price, or location of the City's supply of
affordable housin(q; in order for the Board to consider this factor,
the applicant must demonstrate that there exists a binding legal
obligation to provide housing, for a period of not less than
(o fifteen years, which is affordable to low- or moderate - income
families or individuals as defined by federal regulations or other
-� clearly recognized standards;
v) whether granting the variance will enhance or foster the
Q preservation of the scenic or natural beauty of the area, its
architectural character, historic resources or other rare or
irreplaceable features.
If the applicant wishes the Board to consider any of the
factors under this section, the burden of proof is on the applicant
to clearly identify the factor and to submit sufficient evidence to
establish that this factor applies.
(Wooll c. Self- created Hardship: A finding of self- created hardship
will not, in and of itself, justify the denial of an area variance.
The Board may, however, consider the degree to which the hardship
is self- created as a factor to be weighed. Although self - created
hardship need not prevent the board from granting an area variance,
the existence of a self - created hardship does not entitle the
applicant to "a variance.
SECTION 3. GENERAL PROVISIONS REGARDING VARIANCES
That a new subdivision entitled "General Provisions Regarding
Variances" is hereby added to read as follows:
III. General Provisions Regarding Variances
a. Findings of Fact and Conclusions of Law: The written
decision of the Board should identify the nature of practical
difficulty, special condition or economic hardship, if any, and
indicate the Board's findings of fact on all of the factors
relevant to the application. The Board may balance the interests
involved before rendering a decision. The written decision shall
then set forth the Board's conclusions of law.
b. Conditional Variance: In rendering a decision in favor of
(40,01, the applicant under this section, the Board of Zoning Appeals may
attach such conditions to the variance as it may consider necessary
and appropriate under the circumstances to implement the purposes
of the Zoning Ordinance and anv master plans for the City then in
effect. Any such conditions shall be indicated in the Board's
written decision.
C. Continuance for Consultation and Advice: In deciding
whether or not to grant an area variance, the Board of Zoning
Appeals may, on its own motion, or upon request by an applicant,
duly noted on the record, continue its hearing of the appeal in
11
June 5, 1991
order to request information or a recommendation from any City
Commission or Board with expertise in the issue under
consideration Upon receiving such a request from the Board of
Zoning Appeals, the Commission or Board to whom the request is
directed will consider the merits of the variance request in light
of the criteria outlined in this ordinance and recommend to the
Board of Zoning Appeals whether to grant, grant with conditions or
deny the requested variance. Such recommendation shall be
forwarded to the Board of Zoning Appeals for its consideration at
the first meeting following the original variance request hearing,
unless the Board or Commission in question shall have received the
referral less than seven days before its own meeting, or requires
additional information in which case an additional continuation
for an additional month may be granted.
Prior to seeking an area variance, an applicant may also
request a recommendation on a proposed variance request from any
City Board or Commission with expertise on an issue being
considered and include that recommendation in the appeal to the
Board of Zoning Appeals.
SECTION 4. EXPIRATION OF VARIANCES.
That a new Subdivision to be known as Subdivision 30.58(B)(4)
is hereby added to read as follows:
When a variance is granted by the Board of Appeals, and a
building permit to construct the building or part thereof for which
the variance has been granted has not been obtained within one year
from the day of the granting of the variance, said variance shall
become void.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect after public notice and
hearing in accordance with law upon publication of a notice as
provided in Section 3.11 (B) of the Ithaca City Charter.
Alderperson Hoffman gave an explanation of the ordinance.
* 17.2 Town of Ithaca Request for Easement Across City -owned Land
for Alternate Recreation Way Route
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the Town of Ithaca is in the process of planning for and
constructing a recreational trail in the South Hill area of the
Town of Ithaca; and
WHEREAS, a portion of the South Hill Recreationway will go over
property owned by the New York State Electric and Gas Corporation,
being the old D. L. & W. railroad right of way; and
WHEREAS, the New York State Electric and Gas Corporation has agreed
to grant only a revocable license over approximately 1,300 feet of
the old right of way needed for the South Hill Recreationway; and
WHEREAS, the New York State Office of Parks, Recreation, and
Historic Preservation is providing grant funds for the acquisition
and construction of the South Hill Recreationway; and
WHEREAS, it is a condition of the Town receiving such grant funds
that the Town be assured of having the use of the trail facilities
for at least 23 years; and
WHEREAS, because of New York State Electric and Gas Corporation's
requirement that a portion of the trail be in the form of a
revocable license, the Town of Ithaca needs an alternative route
for the terminus of the trail at its southerly end; and
12
3r)
June 5, 1991
WHEREAS, the City wishes to cooperate with the Town in permanently
protecting and promoting the Six Mile Creek watershed area for
appropriate recreational use by both Town and City residents; and
WHEREAS, the City is the owner of certain property more
particularly shown on a map entitled "South Hill Recreationway -
Alternative Trail Route" prepared by the Town of Ithaca dated April
3, 1991 over which the alternate terminus of the trail could run;
now, therefore, be it
RESOLVED, that the Mayor, subject to the review of the City
Attorney, be authorized to execute the attached Memorandum of
Understanding providing that if the Town of Ithaca acquires a
revocable license from the New York State Electric and Gas
Corporation for the southerly portion of the South Hill
Recreationway and if, prior to December 31, 2016, New York State
Electric and Gas Corporation revokes the Town's right to use such
portion of the trail that the City would grant to the Town a
(� permanent easement for an alternate terminus of the trail on the
(o terms and conditions more particularly set forth in the Memorandum
of Understanding.
Extensive discussion followed on the floor regarding the Memorandum
m of Understanding, with City Attorney Guttman and Assistant Town
Q Planner George Frantz answering questions from Council members.
Amendinq Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That there be a Second Resolved Clause added to the
resolution to read as follows:
"RESOLVED, That Common Council respectfully requests that the Town
of Ithaca accord high priority to its consideration of the proposal
(WA� by the Town's Conservation Advisory Council, as endorsed by the
City of Ithaca in January 1991 for more protective zoning
designation and land use regulation of property within the Six Mile
Creek area in the Town of Ithaca."
Discussion followed regarding the amending resolution.
No Council member objected to the amendment, therefore it was
accepted as an amendment to the resolution.
Amendment to the Memorandum of Understandinq
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That Item No. 10 in the Memorandum of Understanding be
changed to read as follows:
"Whether or not the Town ever requests said easement, the Town
agrees it will not use any pesticides on the South Hill Trail
without the prior consent of the City ".
Discussion followed on the floor. Mayor Nichols urged the Council
not to impose conditions on the Town outside the proposed easement
area.
A vote on the Amendment to the Memorandum of Understanding resulted
as follows:
Ayes (8) - Booth, Johnson, Peterson, Hoffman, Blanchard,
Golder, Schroeder, Cummings
Nays (2) - Daley, Romanowski
Carried
13
e�Cf9�
Amendment to the Memorandum of Understanding
By Alderperson Booth: Seconded by Alderperson
RESOLVED, That in Item No. 8 in the Memorandum
the words "If the Town requests said easement, ul
from the City" be deleted, and the paragraph st
"The Town agrees that it will ."
June 5, 1991
Peterson
of Understanding,
)on receipt of same
art with the words
Discussion followed on the floor.
A vote on the Amendment to the Memorandum of Understanding resulted
as follows:
Ayes (4) - Peterson, Hoffman, Booth, Johnson
Nays (6) - Daley, Golder, Blanchard, Romanowski, Cummings,
Schroeder
Motion Fails
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) - Johnson, Blanchard, Peterson, Cummings, Daley,
Hoffman, Golder, Schroeder, Romanowski
Nay (1) - Booth
Carried
* 17.3 Reprogramming of Mutual Housing Funds from Floral Avenue
Site to Northside
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the absence of New York State Housing Trust funds have
made utilization of the Mutual Housing Association 1989 Community
Development Block Grant funds on the Floral Avenue site not
feasible, and
WHEREAS, the Citizens Advisory Council, the Ithaca Urban Renewal
Agency, and the Planning and Development Committee have reviewed
and approved the reprogramming of the 1989 Mutual Housing
Association funds from the Floral Avenue site to the Pogo Parcel,
and that the reprogramming is subject to the Mutual Housing
Association meeting the contingencies out lined in the Common
Council resolution of April 3, 1991, now, therefore, be it
RESOLVED, that the Common Council approves the reprogramming of the
1989 Mutual Housing Association funds in the amount of $392,635
from the Floral Avenue site to the Pogo Parcel, and that this
reprogramming is subject to Mutual Housing Association meeting the
contingencies as outlined in the April 3, 1991 Common Council
resolution.
Ayes (9) - Hoffman, Golder, Romanowski, Johnson, Booth,
Daley, Schroeder, Peterson, Cummings
Nay (1) - Blanchard
Carried
* 17.4 1991 Planning Department Work Program
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca Administrative Code requires that the
Department of Planning and Development submit for approval a work
program showing planned activities for each calendar year for
approval by Common Council, and
WHEREAS, the Department's proposed 1991 Work Program has been
reviewed by the Planning and Development Committee, and the
Planning and Development Board, now, therefore, be it
14
381
June 5, 1991
RESOLVED, That Common Council does hereby approve the Department of
Planning and Development 1991 Work Program.
Ayes (7) - Blanchard, Hoffman, Peterson, Golder, Johnson,
Schroeder, Booth
Nays (3) - Cummings, Daley, Romanowski
Carried
* 17.5 GIAC Pool Approval - Designation of Lead Agency for
Environmental Review
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the Client Committee for the GIAC Neighborhood Park and
Pool has produced a feasibility study for the proposed project, and
WHEREAS, the State Environmental Quality Review Act and the City of
Ithaca's Environmental Quality Review Ordinance require that an
environmental review of the proposed GIAC Neighborhood Park and
Pool be completed before its development, and
(D WHEREAS, the Client Committee has recommended that Common Council
be designated as lead agency for the environmental review; now,
—� therefore, be it
m RESOLVED, that the Common Council is hereby designated as the lead
Q agency for the environmental review of the GIAC Neighborhood Park
and Pool.
Carried Unanimously
Central Business District /West State Street Rezoning Proposals
Alderperson Hoffman reported that the Committee has directed the
Planning Department to prepare alternative rezoning options. The
Committee is in agreement with the Vision Task Force proposals for
the Central Business District which mainly concerns the height of
buildings. Alderperson Hoffman stated that the committee is not
yet in agreement on how to handle the West State Street corridor.
The question will be looked at again at the next committee meeting.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.6 Building Department Request to Hire Plan Review Officer
Above the Minimum
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That Phyllis Radke be appointed to the position of Plan
Review Officer in the Building Department at an annual salary of
$28,094., that being Step 4 on the 1991 CSEA Administrative Unit
Compensation Plan, effective June 10, 1991.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Romanowski, Blanchard, Peterson, Daley, Golder,
Hoffman, Johnson, Schroeder
Nays (2) - Booth, Cummings
Carried
Alderperson Blanchard left the meeting at 10:05 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
Proposal to Change One -year Limit on Variance to Two Years - Report
Alderperson Hoffman reported that the proposal to change one -year
limits on variances to two years is still being worked on in
committee.
15
June 5, 1991
Development of City's Comprehensive Housing Affordability Strategy
(CHAS) - Report
Alderperson Hoffman explained that the Federal Government requires
the City to submit a comprehensive housing affordability strategy
by the Fall of this year. Public Hearings are required by the end
of summer.
Alderperson Hoffman stated that the staff from the Planning
Department felt it would be impossible to do a completely detailed
job of coming up with a City -wide strategy without abandoning many
parts of the current work plan. The committee was convinced that
we should do what is feasible within the constraints of this year's
work plan and current staff and within the time constraints.
Northside Park - Boundaries for Grant Requests - Report
Alderperson Hoffman reported that the City has already submitted a
request for Federal funding to help with the cost of a Northside
park. The boundaries of the park were modified from the proposal
that went into the State and which was recently rejected. He
stated that the park land has been reduced to accommodate the
official City street between Mutual Housing and the park; the
actual green space of the park may not be affected but there will
be a street right -of -way going further into what had been made park
area.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.1 Planning Department Request to Amend Architectural
Agreement for GIAC Pool
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Client Committee for the GIAC Pool Construction
Program has selected the architectural firm of Hoffman, O'Brien,
Look and Taube, P.C. to provide basic services, including design
development, construction documents, bidding-and construction, in
connection with said project; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute an agreement with
the firm of Hoffman, O'Brien, Look and Taube, P.C. for an amount
not to exceed $44,390, plus reimbursable expenses of $4,000 for
such purpose..
Substitute Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Client Committee for the GIAC Pool Construction
Program has selected the architectural firm of Hoffman, O'Brien,
Look and Taube, P.C. to provide basic services, including design
development, construction documents, bidding and contract
administration, in connection with said project; now, therefore, be
it
RESOLVED, That the Mayor be authorized to execute a two part
agreement with the firm of Hoffman, O'Brien, Look and Taube, P.C.
for a total amount not to exceed $44,390., plus reimbursable
expenses of $4,000 for such purpose, and be it further
RESOLVED, That Part 1 of the agreement will include basic services
of design development, construction documents, and bidding for an
amount not to exceed $31,715., plus reimbursable expenses, and be
it further J,
RESOLVED, That Part 2 of the agreement will include basic services
of contract administration for an amount to be negotiated once the
exact scope of construction and the City's management plan for
construction is defined.
Alderperson Booth, for the record,
the City could adopt the contract
the construction overview through
16
asked City Attorney Guttman if
and then decides to administer
the Department of Public Works.
383
June 5, 1991
City Attorney Guttman responded that Part 2 could be subject to
negotiation.
A vote on the Substitute Resolution resulted as follows:
Carried (9 -0)
* 18.2 Request to Sign Professional Services Contract for Green
Street Garage Reconstruction Project
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, Capital Project #224 for the reconstruction of the Green
Street Parking Facility was established in 1989, and
WHEREAS, the Department of Public Works wishes to contract with the
engineering firm of Novelli and Co. for the provision of
professional services to complete construction documents and
supervise construction; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute an agreement with
Novelli and Co. for an amount not to exceed $20,000.00 for the
(o provision of said services.
M Carried (9 -0)
* 18.3 Request to Sign Professional Services Contract for Water
m Treatment Plant Renovations Project
< By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, Capital Project #502 for the reconstruction of the City's
Water Treatment Facility was established in 1988, and
WHEREAS, the Department of Public Works wishes to contract with the
firm of Malcolm Pirnie, Inc., consulting Environmental Engineers,
to provide construction documents and construction supervision in
connection with said project; now, therefore, be it
(600,� RESOLVED, That the Mayor be authorized to execute an agreement with
Malcolm Pirnie, Inc. for an amount not to exceed $66,000.00 for the
provision of said services, and be it further
RESOLVED, That the City Controller be authorized to advance
$66,000.00 from the available water fund moneys to Capital Project
#502 Water Treatment Facility Reconstruction pending the issuance
of Bond Anticipation Notes for said purpose.
Carried (9 -0)
* 18.4 Request to Sign Professional Services Contract for North
Cayuga Street at Cascadilla Creek Bridge
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, Capital Project #234 for the reconstruction of the North
Cayuga Street Bridge over Cascadilla Creek was established in 1990,
and
WHEREAS, the Department of Public Works wishes to contract with an
engineering firm for the provision of professional services to
complete construction documents and supervise construction of that
project; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute an agreement not
to exceed $40,000. with an appropriate engineering firm for the
provision of said services.
Carried (9 -0)
* 18.5 Request to Amend Building Department 1991 Authorized
Equipment List
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the authorized equipment list for the Building
Department be amended to include a Copy Machine to be acquired at
a cost not to exceed $5,500., and be it further
17
June 5, 1991
RESOLVED, That $3,000. be transferred from Account A3620 -470,
Equipment Rental, and $2,500. transferred from Account A1990
Unrestricted Contingency, to Account A3620 -210, Office Equipment,
for such purpose.
Carried (9 -0)
* 18.7 Request Additional Funds for Central Processing Facilit
Litigation
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City has received the final bill regarding the appeal
of the Central Processing Facility lawsuit decision, and
WHEREAS, the final bill is greater than the original amount
estimated for the appeal process; now, therefore, be it
RESOLVED, That $4,500 be transferred from Account A1990,
Unrestricted Contingency, to Account A1420 -435, City Attorney
Contractual Services, to pay the final bill relative to the Central
Processing Facility lawsuit appeal.
Discussion followed on the floor regarding the over -run of this
bill.
Motion to Refer Back To Committee
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the resolution requesting additional funds for
Central Processing Facility litigation be referred back to the
Budget and Administration Committee for further investigation of
the final bill.
Discussion
followed on the floor.
Substitute Resolution
A vote on
the Motion to Refer resulted as
follows:
Ayes
(5) - Schroeder, Daley, Golder,
Hoffman, Johnson
Nays
(4) - Booth, Peterson, Cummings,
Romanowski
be able to present program alternatives to address this
"40)
Carried
* 18.8 Department Roster Review Process
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That each Department shall prepare and transmit to the
Mayor on or before July 1, 1991, an initial plan, with appropriate
alternatives, for adjustments and reductions to department
personnel rosters in the interest of reducing the total budgetary
cost for personnel.
Alderperson Daley presented the following Substitute Resolution:
Substitute Resolution
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, the New York State Legislature has cut over $500,000. from
the existing 1991 City Budget Revenues, and
WHEREAS, the shortfall for 1992 is anticipated to be even larger,
and
WHEREAS, the City Departments need guidance from Common Council to
budget
be able to present program alternatives to address this
"40)
crisis; now, therefore, be it
RESOLVED, That Common Council instructs the Controller's Office to
provide solid figures by Wednesday, June 12 on the budget shortfall
for rest of 1991 and projected shortfall for 1992 including, for
example, union contracts, fixed costs and mandated expenses, and be
it further
lu
C� 1.1 0
June 5, 1991
RESOLVED, That the Common Council meet as an expanded Budget and
Administration Committee on Wednesday, June 12 and additional
meetings if necessary to provide the needed guidance to Department
Heads, and be it further
RESOLVED, That as a result of the Budget and Administration
Committee actions the Common Council will provide the Department
Heads with the following policy guidelines:
(400e 1) A timeline for implementing any budget cutbacks.
2) A decision on how much each Department will contribute
toward addressing the shortfall.
3) A way to deal with the possibility of staff layoffs as one
way of closing the budget gap.
Discussion followed on the floor.
co Mayor Nichols, stated, for the record, that it is his position that
M the City will do everything possible to prevent lay -offs of City
-D employees.
m A vote on the resolution resulted as follows:
Q Carried (9 -0)
* 18.9 Finance Department /Chamberlain - Authorize Bank Agreement
for Use of Facsimile Signatures
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the Tompkins County Trust Company be, and it hereby
is, authorized and directed to honor as genuine and authorized
instruments of the City of Ithaca and Ithaca Area Waste Water
Treatment Plant Joint Activity, any and all checks, drafts and /or
(aw" other orders for the payment of money drawn in the name of the City
of Ithaca and Ithaca Area Waste Water Treatment Plant Joint
Activity and signed with the facsimile signature of Debra A.
Parsons as City Chamberlain, and be it further
RESOLVED, That the City of Ithaca is authorized to and hereby does
assume full responsibility for any and all payments made by said
Tompkins County Trust Company in reliance upon the facsimile
signature of the City Chamberlain and agrees to indemnify and hold
harmless the said Tompkins County Trust Company against any and all
loss, cost, damage or expense suffered or incurred by said Tompkins
County Trust Company arising out of the misuse or unlawful or
unauthorized use by any person of such facsimile signature, and be
it further
RESOLVED, That the Chamberlain of the City of Ithaca be and she
hereby is authorized and directed to deliver to the said Tompkins
County Trust Company specimens of the facsimile signature.
Carried (9 -0)
* 18.10 Bond Resolution
By Alderperson Booth: Seconded by Alderperson Daley
BOND RESOLUTION DATED JUNE 51 1991.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$570,000 SERIAL BONDS AND THE APPROPRIATION AND EXPENDITURE OF AN
ADDITIONAL $30,000 CAPITAL RESERVE FUND MONIES OF THE CITY OF
ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY COSTS OF THE CONSTRUCTION
OF A NEW COURT FACILITY OR THE RECONSTRUCTION OF THE EXISTING HALL
OF JUSTICE.
19
�8Fi
June 5, 1991
WHEREAS, by bond resolution dated February 6, 1991, the Common
Council of the City of Ithaca, Tompkins County, New York,
authorized, among other things, the issuance of $1,900,000 serial
bonds and the appropriation and expenditure of $65,000 current
funds and $35,000 monies from the Capital Reserve Fund for Energy
Improvements to pay the cost of the construction of a new Court
Facility or the reconstruction of the existing Hall of Justice, and
WHEREAS, it has now been determined that an additional
$600,000 is required to complete such construction or
reconstruction and it is now desired to authorize such additional
funding; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying costs
of the construction of a new Court Facility or the reconstruction
of the Hall of Justice of and for the City of Ithaca, Tompkins
County, New York, there are hereby authorized to be issued an
additional $570,000 serial bonds of said City pursuant to the
provisions of the Local Finance Law and there are hereby authorized
to be expended an additional $30,000 monies from the Capital
Reserve Fund for Energy Improvements, which monies are hereby
appropriated therefor.
Section 2. It is hereby determined that the maximum estimated
cost of the aforesaid specific object or purpose is not determined
to be $2,600,000 and that the plan for the financing thereof is as
follows:
a. By the issuance of the $1,900,000 serial bonds of the
$2,847,720 serial bonds authorized to be issued pursuant
to bond resolution dated February 6, 1991;
b. By the expenditure of $65,000 current funds and $35,000
monies from the Capital Reserve Fund for Energy
Improvements appropriated pursuant to bond resolution
dated February 6, 1991;
c. By the expenditure of the additional $30,000 monies from
the Capital Reserve Fund for Energy Improvements
appropriated pursuant to this bond resolution; and
d. By the issuance of the additional $570,000 serial bonds of
said City authorized to be issued pursuant to this bond
resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes
is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a
of Section 11.00 of the Local Finance Law, computed from May 6,
1991, the date of issuance of the first obligations to be issued
for such object or purpose pursuant to bond resolution dated
February 6, 1991.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance
Law.
20
0
I V&
387
June 5, 1991
Section 5. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed in
the name of the City of Ithaca, Tompkins County, New York, by the
manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted and attested by
the manual or facsimile signature of the City Clerk.
Section 6. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
(400e delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he or she shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he or she
shall comply fully with the provisions of the Local Finance Law and
any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 7. All other matter, except as
(D p provided herein
CD relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
(o fiscal agent or agents for said bonds, providing for the printing
< and delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a fiscal
agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not to
impose and collect from registered owners of such serial bonds any
(400'el charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds
shall contain substantially the recital of validity clause provided
for in Section 52.00 of the Local Finance Law and shall otherwise
be in such form and contain such recitals in addition to those
required by Section 52.00 of the Local Finance Law, as the City
Controller shall determine.
Section 8. The validity of such additional bonds and bond
anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money, or
2 ) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced with twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 9. This resolution, which takes effect immediately ,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 71.00 of the Local
Finance Law.
Discussion followed on the floor.
21
June 5, 1991
The foregoing resolution was put to a Roll Call Vote which resulted
as follows:
Cummings - Aye
Daley - Aye
Schroeder - Aye
Blanchard - Absent
Golder - Nay
Romanowski - Aye
Hoffman
- Aye
Peterson
- Aye
Johnson
- Aye
Booth
- Aye
Carried
* 18.11 Transfer City Hall Annex to IURA
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, on October 3, 1990 the City of Ithaca transferred
authority to sell the City Hall Annex to the Ithaca Urban Renewal
Agency, and
WHEREAS, in accordance with Section 50C of the General Municipal
Law, the actual transfer of title of the City Hall Annex property,
Tax Map No. 70- 50 -24, 123 South Cayuga Street, will insure the tax
exempt status of such parcel pending the sale or lease thereof;
now, therefore, be it
RESOLVED, That the Mayor is directed, upon advice of the City
Attorney, to effectuate the transfer of ownership of the City Hall
Annex property to the Ithaca Urban Renewal Agency.
Discussion followed on the floor.
Alderperson Hoffman stated that he does not think the Urban Renewal
Agency is a proper process for making these kinds of policy
decisions, and will vote against this Resolution.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Cummings, Peterson, Daley, Schroeder,
Golder, Romanowski, Johnson
Nay (1) - Hoffman Carried
* 18.12 Audit
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the bills presented, as listed on Audit Abstract
10/1991 in the total amount of $28,363.77, be approved for payment.
Carried (9 -0)
NEW BUSINESS:
* 22.1 Committee on Traffic Reduction and Public Transit
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, Common Council, at its meeting of August 1, 1990, adopted
the following resolution requesting that the Downtown Vision Task
Force create a Public Transportation Initiatives Committee, and
WHEREAS, the Public Transit Initiatives Subcommittee of the
Downtown Vision Task Force was formed in response to the Council
request and has submitted its recommendations, and
WHEREAS, the Subcommittee recommended that a standing committee on
public transit be formed; now, therefore, be it
RESOLVED, That the Mayor appoint a Committee on Traffic Reduction
and Public Transit with the responsibilities as specified by the
Council resolution of August 1, 1990 and drawing as much as
possible on the composition suggested in that resolution.
Carried (9 -0)
22
I F&
t�V Il
June 5, 1991
Mayor Nichols requested that the record include the following
Resolution:
Resolution from August 1, 1990:
WHEREAS, the increased use of mass transportation offers numerous
public benefits, including a cleaner environment, reduced
traffic congestion, quieter neighborhoods and more efficient
movement of people to and from school, work places and shopping
(aw", districts, and
WHEREAS, parking shortages in the Central Business District and
elsewhere in the City can be alleviated not only by building more
parking spaces but also by freeing existing spaces through
.increased public transportation use, and
WHEREAS, various new public transportation proposals -- such as
park and ride lots, shuttle buses, coordinated car - pooling systems
and employee incentive programs -- merit immediate, focused study,
and
OD
M WHEREAS, such study will require coordination between the City of
-� Ithaca, Cornell University, Ithaca College, Tompkins County, the
Town of Ithaca and other municipalities within the County and
m downtown business leaders; now, therefore, be it
a
RESOLVED, That Common Council recommends that the Downtown Vision
Task Force create a Public Transportation Initiatives Subcommittee,
to be charged with:
3) Proposing, if feasible,
funding method and (possibly) promo
or bus color) for an East Hill
continuous uphill - downhill trips
District and Collegetown /Cornell
frequency.
a specific route, timetable,
tional image (i.e., special logo
shuttle bus that would make
between the Central Business
with the greatest possible
4) Encouraging both public and private sector employers to
offer incentives for car - pooling and public transit use (for
example, through the establishment of a coordinated car - pooling
system for the Central Business District, or by offering individual
employees free bus tickets in exchange for their free parking
spaces, etc.).
5) Investigating and proposing any other public
transportation initiatives that could ameliorate traffic and
parking problems in the Central Business District and elsewhere in
the City including incentive permitting such as minimum occupancy
(wwel for preferential parking permits.
6) Maintaining frequent communication with the NYS Department
of Transportation to encourage early State funding of traffic
mitigation measures designed to ease the impact of Route 96
construction. Such funding might help support some of the above
proposals, and, be it further
23
1)
Identifying the factors that contribute to greater use
of
public transportation and the extent to
which those factors
do
and /or could exist in Ithaca.
2)
operation
Making specific recommendation for the
of & ride lots
siting, funding and
peripheral park on all
sides of the City,
with shuttle
bus connections to the Central
Business District,
Cornell
and any other appropriate destination.
3) Proposing, if feasible,
funding method and (possibly) promo
or bus color) for an East Hill
continuous uphill - downhill trips
District and Collegetown /Cornell
frequency.
a specific route, timetable,
tional image (i.e., special logo
shuttle bus that would make
between the Central Business
with the greatest possible
4) Encouraging both public and private sector employers to
offer incentives for car - pooling and public transit use (for
example, through the establishment of a coordinated car - pooling
system for the Central Business District, or by offering individual
employees free bus tickets in exchange for their free parking
spaces, etc.).
5) Investigating and proposing any other public
transportation initiatives that could ameliorate traffic and
parking problems in the Central Business District and elsewhere in
the City including incentive permitting such as minimum occupancy
(wwel for preferential parking permits.
6) Maintaining frequent communication with the NYS Department
of Transportation to encourage early State funding of traffic
mitigation measures designed to ease the impact of Route 96
construction. Such funding might help support some of the above
proposals, and, be it further
23
` 1)()
June 5, 1991
RESOLVED, That Common Council suggests that the composition of the
Subcommittee be as follows:
The City of Ithaca Transportation Manager
One Tompkins County Senior Planner
One Town of Ithaca government representative and
other such municipal representatives as may be appropriate
The Cornell University Director of Transportation
One member of the Planning and Development Committee
One mass transit user
One member of the Planning and Development Board
One member of the Budget and Administration
Committee
One member of the Conservation Advisory Council
One member of the Board of Public Works
One member of the Downtown Vision Task Force
Two members of Downtown Ithaca, Inc.
Director of Planning and Development
and be it further
RESOLVED, That Common Council requests that the Subcommittee and /or
the Downtown Vision Task Force report to the Planning and
Development Committee on a regular basis, on the issue of public
transportation initiatives.
ADJOURNMENT
On a motion the meeting adjourned at 10:40 p.m.
Callista F. Paolangel/
City Clerk
24
Benjamin Nichols
Mayor
I rt
June 5, 1991
Resolution
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That this Council approves the appointment of Richard
Buckingham to the Disability Advisory Council with a term to expire
June 30, 1992.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
South Hill Recreation Way
Mr. Bill Hilker, resident of the Town of Ithaca, spoke to Council
in regard to the proposed South Hill Recreation Way. He presented
a letter from the Town of Ithaca Taxpayers Association in
opposition to the Recreation Way. (The letter is on file in the
City Clerk's Office).
Strand Theater
Mr. Alan Cohen, 110 North Aurora Street, urged Council to
reconsider the deadline extension that was granted for bids to be
received for the sale of the Strand. On behalf of the Downtown
Business Association he asked that some disposition be made of the
building without further delay.
Ms. Mary Trochim, Chairperson of the Culture and Recreation
Committee for the Downtown Vision Task Force, spoke to Council on
the issue of the Strand Theater. She asked Council to move forward
with the sale of the building and to reconsider the bid deadline
that was extended.
South Hill Recreation Way
Mr. Guy Gerard addressed Council regarding the South Hill
Recreation Way. He urged Council to grant the easement that the
Town is requesting. He thinks the City should_ ask the Town, in
return, to cooperate with the City in pushing forward.with the re-
zoning of the land below the railroad track. Mr. Gerard stated
that he also believes the Town should restrict the use of
motorcycles, ATVs, etc. on the trail.
RESPONSE TO THE PUBLIC:
Strand Theater
Alderperson Booth stated that he believes the Council should take
up the issue of the Strand Theater at the next meeting of Council.
Recreation Way
Mayor Nichols stated that in regard to the Recreation Way, whatever
the differences of opinion may be among residents of the Town of
Ithaca, the City has to recognize that the elected officials of the
Town are the ones who have made this request to the City.
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner spoke to Council on the following matters:
Legislation on Discrimination re. Sexual Preference or
Orientation - The Board had, and then removed from the agenda
temporarily, legislation which would have extended to County
residents what is already the case in the City, a law barring
discrimination in housing, jobs, and other areas on the basis of
sexual preference or orientation. He said there will be some work
done on the wording of the legislation and it will be back to the
Board on July 9th.
DR -7 Landfill - Also pulled from the agenda was a resolution
that would have chosen a final configuration of how to lay out the
landfill so that it doesn't overlap the wetlands. Dryden residents
have raised some troubling concerns about the wetlands and what the
impact on the watershed might be, so the matter is going back to
committee and the Board will be looking at it again.
6
3 6'7
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. June 5, 1991
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Peterson, Daley, Hoffman,
Golder, Schroeder, Romanowski, Cummings,
Blanchard (arrived at 8:05 p.m. and left the
meeting at 10:00 p.m.),
OTHERS PRESENT-
City Clerk - Paolangeli
City Attorney - Guttman
Deputy City Controller - Thayer
Planning and Development Director - VanCort
Fire Chief - Olmstead
Acting Building Commissioner - Eckstrom
(-0 Board of Public Works Commissioners - Reeves, Berg
M Youth Bureau Director - Cohen
Acting Superintendent of Public Works - Gray
Personnel Administrator - Saul
Q 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 May 1, 1991 Common Council Minutes
By Alderperson Peterson: Seconded by Alderperson Romanowski
RESOLVED, That the Minutes from the May 1, 1991 Common Council
(Wool meeting be approved as published.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - Reprogramming of 1989 Mutual Housing Association
Funds
Resolution to Open Public Hearing
By Alderperson Johnson: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider the reprogramming of
1989 Mutual Housing Association Funds be declared open.
Carried Unanimously
Alderperson Hoffman explained the reprogramming issue.
No one appeared to address the public hearing.
Resolution to Close Public Hearing
By Alderperson Booth: Seconded by Alderperson Peterson.
RESOLVED, That the Public Hearing to consider the reprogramming of
1989 Mutual Housing Funds be declared closed.
Carried Unanimously
ADDITIONS TO THE AGENDA:
Executive Session
Mayor Nichols stated that later in the meeting there will be an
Executive Session.
MAYOR'S APPOINTMENTS:
Disability Advisory Council
Mayor Nichols requested Council's approval for the appointment of
Richard Buckingham, 6 Asbury Drive, to the Disability Advisory
Council, to replace Ray Reynolds, with a term to expire June 30,
1992.
1
3 io
June 5, 1991
CITY ATTORNEY'S REPORT:
Carpenter Business Park - Ironics, Inc.
City Attorney Guttman reported that the City entered into an
agreement with Ironics, Inc. on May 22, 1991 wherein the City
granted to Ironics, Inc. an option to lease or purchase Lot 4 in
Carpenter Business Park. The City has received a check for $1,500.
from Ironics, Inc. for that option. He stated that this
transaction is tied in with the City conveying property to Vincent
Giordano adjacent to Lot 4, which is a 10 foot strip.
Mr. Guttman stated that the deed with Mr. Giordano has been
executed. All papers are being held until Mr. Giordano receives
the necessary building permits to complete the construction.
Clyde Collins Lawsuit
City Attorney Guttman reported that the Clyde Collins lawsuit
against the City has been dismissed.
HUMAN SERVICES COMMITTEE:
* 15.1 Civilian Complaint Against Police Personnel Procedure
WHEREAS, on September 3, 1986, the Council passed a Resolution,
which Resolution now sets forth on pages R -45 through R -48/a of the
City of Ithaca Municipal Code establishing a City of Ithaca
Complaint of Police Actions Procedure, and
WHEREAS, in 1990, Section 2.13 of the City of Ithaca Charter was
amended to read:
"Section 2.13 City Police Board ... The Community Police Board
may recommend rules, by -laws and regulations for the government of
the Police Department of the City of Ithaca, not inconsistent with
the laws of this State, which may be promulgated through the Chief
of Police to the whole force: The Chief of Police shall have the
immediate direction and control of the police in the administration
of the rules, by -laws and regulations of the Department.
The Community Police Board shall act as Community Liaison to
the Police Department, actively fostering positive communication
between the Police and all segments of the community; it shall make
provisions for resolving complaint by the citizenry related to the
delivery of the Police Services; using established procedures, it
may recommend action against any member of the Police Department;
it shall recommend on its own initiative or at the request of the
Mayor, Common Council or the Police Chief on any matter affecting
policy or performance of the Police Department, including finances
and budget; it shall perform other such related duties as requested
by the Mayor or Common Council "; and
WHEREAS, the City of Ithaca Community Police Board has recently
drafted a new procedure for civilian complaints against Police
personnel and new complaint forms and information sheets; now,
therefore, be it
RESOLVED, That the Resolution passed by Common Council on September
3, 1986, establishing the City of Ithaca Citizen Complaint of
Police Actions Procedure be annulled, and be it further
RESOLVED, That the City of Ithaca Community Police Board is hereby
authorized to draft and establish procedures for its proper
functioning, and be it further
RESOLVED, That the City of Ithaca Community Police Board and the
Chief of Police are hereby directed to immediately advise the
Common Council of any changes in the procedures established by the
City of Ithaca Community Police Board for its proper functioning,
and be it further
4
O
369
June 5, 1991
State Budget - The State may cut several hundred thousand
dollars from the County budget.
Civilian Review for Sheriff's Department - The Board is now in
the final stages of approving a Civilian Board to oversee citizen's
complaints about the Sheriff's Department. The County Board is
still looking for people to volunteer to serve on that Committee.
REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS•
Board of Public Works
Commissioner Reeves reported to Council on the following issues:
Professional Services Contracts
On May 29 the Board of Public Works passed resolutions authorizing
the Acting Superintendent to enter into contracts with Malcolm
Pirnie, Inc. for Water Treatment Plant Renovations and with Novelli
and Co. for the Green Street Garage Reconstruction project which
are Items 2 and 3 on the Budget and Administration Committee agenda
(� this evening.
Free Parking at Meters - On May 22 the Board passed a
G) resolution authorizing free parking at downtown meters Friday
D evenings and Saturdays beginning July 1.
m
Q Change of Meeting Dates for July - Due to the July 4th
holiday, the Board will hold their regular meetings on July 17 and
31, 1991.
Parking Lot Survey - During the week of May 5 thru May 10,
1991 parking lot attendants collected tickets, but not money,
between 6:30 p.m. and 8:00 p.m. as a survey to see how many people
were exiting the garages at that time without paying for the time
they had parked before 6:30 p.m. The Board has asked the Finance
Qw, Department to review the income versus the expenses to see if
extended hours would be worthwhile. In the Fall, the Board may
take a morning survey to see how many people exit the ramps between
8:00 a.m. and 10:00 a.m.
Clinton Street Bridge - will be closed for repairs in three
weeks. The business owners in the area will be notified by mail
and the closing will be well publicized.
Feasibility Study on the Elmira Road Sidewalk - At today's
Committee of the Whole meeting, Mr. Peter Weed presented the
Feasibility Study on the Elmira Road sidewalk project. The Board
will hold a public information session on Tuesday, June 18, 1991 at
7:30 p.m.
COMMUNICATIONS FROM THE MAYOR:
State Budget
Mayor Nichols reported that due to a cut in the State budget in
Revenue Sharing Funds for 1991, we will receive $551,000 less than
we had budgeted.
Review of Commons Advisory Board
Mayor Nichols stated that he has distributed to all members of
Council a memorandum in which he has noted that he is appointing a
(two" small committee to review the future of the Commons Advisory Board
including the Operations Manual, and the Commons rules and
regulations.
Mayor Nichols stated that the committee will consist of Jeff
Furman, Carolyn Peterson, and Denise Rusoff. The Committee has
been requested to report back to the Council by October 1, 1991.
3
June 5, 1991
There was no objection, therefore the wording was accepted for
change in the Second Resolved Clause.
Alderperson Booth stated, for the record, that the Council's
intention is simply to deal with appointments of members to Boards
and not in any way to affect the authority of Boards to act.
A vote on the resolution as amended resulted as follows:
Carried (9 -0)
Alderperson Blanchard absent at the time of this vote.
* 16.2 Waiving the Two -Third City Residency Requirement for the
Youth Bureau Board
By Alderperson Peterson: Seconded by Alderperson Romanowski
WHEREAS, the Youth Bureau serves City and County residents, and
WHEREAS, the membership of the Youth Bureau Board consists of
certain members of City of Ithaca staff and certain representatives
from the Town of Ithaca, Village of Lansing, PTA, School District,
Tompkins County, Medical Society, Family Court /Probation, United
Way, Ithaca Police Department, GIAC and Student Representatives in
addition to nine members to be appointed by the Mayor, and
WHEREAS, as the result of such membership it is hereby determined
that the best interests of the City of Ithaca do not require that
2/3 of the membership of the Youth Bureau Board be residents of the
City of Ithaca; now, therefore, be it
RESOLVED, That it is not required that 2/3 of the members of the
Youth Bureau Board be residents of the City of Ithaca, but it is
specifically required that at least 2/3 of the Mayoral appointments
to the Youth Bureau Board be residents of the City of Ithaca.
Carried (9 -0)
Alderperson Blanchard absent at time of vote.
* 16.3 Waiving the Two -Third City Residency Requirement for the
Commons Advisory Board
By Alderperson Peterson: Seconded by Alderperson Cummings
WHEREAS, by Ordinance number 81 -6, adopted on December 2, 1981,
this Council established a Commons Advisory Board to be appointed
by the Mayor with the approval of the Common Council to be in
charge of various activities and /or powers relating to the Ithaca
Commons, and
WHEREAS, this Common Council wishes to recognize that in the
interest of the City of Ithaca membership on the Commons Advisory
Board may consist not only of predominantly City residents but may
also include owners of businesses located within the City of
Ithaca; now, therefore, be it
RESOLVED, That 2/3 of the Commons Advisory Board need not be
residents of the City of Ithaca but that at least 2/3 of the
Commons Advisory Board shall be either residents of the City of
Ithaca or owners of businesses located within the City of Ithaca.
Discussion followed on the floor.
Amending Resolution
By Alderperson Golder: Seconded by Alderperson Hoffman
RESOLVED, That, in the Resolved Clause and the Second Whereas
Clause, in the last line, after the word "businesses" add the words
"on The Commons or people who work on The Commons ", and delete the
words "located within the City of Ithaca."
2
371.
June 5, 1991
RESOLVED, That by the July 1991 Common Council meeting and every
six (6) months thereafter, the City of Ithaca Community Police
Board shall report to Common Council as to how the new procedures
established by the Board are working and how the Board is
functioning.
Discussion followed on the floor with City Attorney Guttman
answering questions from Council members.
Alderperson Golder suggested that the Second Resolved Clause be
deleted from the resolution.
Further discussion followed on the floor.
Alderperson Booth objected to the Second Resolved Clause being
deleted and offered the following:
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
co RESOLVED, That the Second Resolved Clause be amended to read as
M follows:
"RESOLVED, That the City of Ithaca Community Police Board is hereby
m directed to establish and amend as necessary procedures for its
Q proper functioning, and be it further"
Carried (9 -0)
Alderperson Blanchard absent at the time of this vote.
Alderperson Johnson, for the record, stated that the Police Chief
and the Police Board have given their unanimous support for this
Resolution.
A vote on the Amended Resolution resulted as follows:
Carried (9 -0)
Alderperson Blanchard absent at the time of this vote.
CHARTER AND ORDINANCE COMMITTEE:
* 16.1 Two'Third City Residency Requirement for Citv Boards.
Committees and Commissions
By Alderperson Peterson: Seconded by Alderperson Hoffman
WHEREAS, the Common Council of the City of Ithaca has determined
the interests of the City of Ithaca will be best served by having
City Boards and Commissions made up predominantly of City
residents; now, therefore, be it
RESOLVED, That, unless specifically provided to the contrary or
otherwise required by law or contractual provisions, at least 2/3
of the voting membership of each City Board, Commission and
Committee shall consist of residents of the City of Ithaca, and be
it further
RESOLVED, That, with respect to any Board, Commission or Committee
which does not currently satisfy this requirement, the Board,
Commission or Committee shall continue to function with its current
membership; however, all new appointments, including re-
appointments to such Board, Commission or Committee shall be
residents of the City of Ithaca until the appropriate percentage of
City residents has been reached on each Board, Commission or
Committee.
Discussion followed on the floor. City Attorney Guttman suggested
removing the word "currently" in the second line of the Second
Resolved Clause and in the third line add the word "then" before
the word "current ".
9
June 5, 1991
WHEREAS, this Common Council has enacted a resolution requiring
that unless otherwise specifically provided, 2/3 of the membership
of all City Boards, Commissions and Committees shall be made up of
City residents, and
WHEREAS, membership of the Affirmative Action Advisory Committee
includes representatives of City departments, the personnel
administrator and certain community representatives, and
WHEREAS, in order for optimum functioning of the Affirmative Action
Advisory Committee, it may be desirable that the appropriate
representatives of City departments need not be City residents;
now, therefore, be it
RESOLVED, That it is not required that 2/3 of the Affirmative
Action Advisory Committee be residents of the City of Ithaca, but
it is specifically required that at least 2/3 of all community
representatives on the Affirmative Action Advisory Committee be
residents of the City of Ithaca.
Carried Unanimously
Reapportionment - Report
Recodification - Report
Alderperson Peterson reported that both issues will be on the
agenda for the Charter and Ordinance Committee meeting on June
13th. She invited all Council members to participate in the
discussions.
EXECUTIVE SESSION:
By Alderperson Johnson: Seconded by Alderperson Schroeder
RESOLVED, That Common Council adjourn into Executive Session at
8:15 p.m. for possible discussion of the following four items: the
Plan Review Officer position; negotiations with the County on
parking issues; negotiations on sale of Northside land; and the
Town of Ithaca Recreation Way easement.
Carried Unanimously
Regular Session
The Council reconvened in Regular Session at 9:05 p.m.
Recess
Common Council recessed at 9:05 p.m. and reconvened at 9:15 p.m.
Mayor Nichols reported that there were no resolutions from the
Executive Session. Council discussed a possible counter proposal
for negotiations with the County relevant to their contribution to
the parking problems with relation to the Mental Health building
and other downtown parking problems.
Mayor Nichols further stated that Council discussed the Northside
land, particularly under what conditions the City would transfer
land to the Senior Citizens Center. The negotiations on that
matter will continue.
Council also discussed possible compensation to the City from the
Town regarding the South Hill Recreation Way.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 Area Variance Criteria
b. Call for Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
BE IT RESOLVED that Ordinance Number 91 - entitled "An Ordinance
Amending Section 30.58 entitled "Board of Appeals" of Chapter 30
0
I rn
I F-- �
37:3
June 5, 1991
Discussion followed on the floor on the Amending Resolution. Mayor
Nichols noted that since a review committee has just been
established to review the future of the - Commons Advisory Board, it
might be best to send this resolution back to committee.
Alderperson Blanchard arrived at the meeting at 8:05 p.m.
Motion to Refer Back to Committee
By Alderperson Schroeder: Seconded by Alderperson Cummings
RESOLVED, That the Resolution waiving the two -third City residency
requirement for the Commons Advisory Board be sent back to
committee to clarify the language of the resolution.
Ayes (7) - Johnson, Hoffman, Golder, Cummings, Daley, Booth,
Schroeder
Nays (3) - Blanchard, Peterson, Romanowski
Carried
* 16.4 Waiving the Two -Third City Residency Requirement for the
(o Access Advisory Board
M By Alderperson Peterson: Seconded by Alderperson Daley
-� WHEREAS, pursuant to Section 14.9 of the franchise agreement
m between the City of Ithaca and American Community Cablevision it is
provided that there shall be an Access Advisory Board to consist of
Q nine members, three of whom are to be City residents (two to be
appointed by the City of Ithaca and one to be appointed by ACC),
two non -City residents (one to be appointed by the City of Ithaca
and one to be appointed by ACC), two representatives of
Institutional Access Users (both to be appointed by the City) and
one ACC representative and one City representative, and
WHEREAS, the composition of this Board is controlled by contract
between the City of Ithaca and ACC; now, therefore, be it
RESOLVED, That 2/3 of the members of the Access Advisory Board need
not be City residents.
Carried Unanimously
* 16.5 Waivinq the Two -Third City Residencv Requirement for the
Board of Fire Commissioners
By Alderperson Peterson: Seconded by Alderperson Romanowski
WHEREAS, Article VI of the Ithaca City Charter provides that there
shall be a Board of Fire Commissioners consisting of five
Commissioners appointed by the Mayor and confirmed by Common
Council, at least three of these Commissioners to be residents of
the City of Ithaca and the remaining Fire Commissioners to be
residents of either the City of Ithaca or the Town of Ithaca in
Tompkins County, and
WHEREAS, the composition of the Board of Fire Commissioners is
affected by the contract between the City of Ithaca and the Town of
Ithaca; now, therefore, be it
RESOLVED, That 2/3 of the membership of the Board of Fire
Commissioners need not be residents of the City of Ithaca but that
the current requirements that three of the Commissioners be
residents of the City of Ithaca and the remaining two Commissioners
be residents of either the City of Ithaca or the Town of Ithaca, in
Tompkins County, New York, shall continue.
Carried Unanimously
* 16.6 Waivinq the Two -Third Citv Residencv Requirement for the
Affirmative Action Committee
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the equal employment opportunity and affirmative action
plan was enacted by resolution of this Common Council on November
2, 1988, and
7
37f►
June 5, 1991
injurious to the neighborhood or otherwise detrimental to the
public welfare.
SECTION 2. AMENDING AREA VARIANCE SECTION.
That the sub - section entitled "Area Variance" of Section
30.58(B)(3) is hereby amended to read as follows:
[Area Variance: Where there are practical difficulties or
special conditions which make regulations governing lot size, yard
size, building height, off - street parking and all other
regulations, except USE of land, unreasonable or impossible to
comply with, the Board of Appeals shall have the power, pursuant to
Subdivision 4 of Section 81 of the General City Law, to grant a
variance modifying these regulations as long as the spirit of the
regulation to be altered, and of the Chapter, is observed.
When a variance is granted by the Board of Appeals, and a
building permit to construct the building or part thereof for which
the variance has been granted has not been obtained within one year
from the day of the granting of the variance, said variance shall
become void.
In granting any variance, the Board of Appeals may prescribe
any conditions that it deems to be necessary or desirable so that
the spirit of this Chapter shall be observed, public safety and
welfare secured and substantial justice done.]
II. Area Variance: Area regulations in zoning are designed
to control the amount of open space surrounding structures on a lot
in order to manage density, and provide safe access, sunlight, air
circulation, room for landscaping or other aesthetic
considerations. Where there are practical difficulties or special
conditions which make area requirements governing lot size, yard
size, set - backs, building height, off - street parking and all other
similar requirements, except the USE of land, unreasonable or
impossible to comply with, the Board of Appeals shall have the
power, pursuant to Subdivision 4 of Section 81 of the General City
Law, to grant a variance or variances from any provision of these
reauirementsso long as the spirit _o_fthe ZoninqOrdinance is
observed.
a. Practical difficulties or special conditions: The terms
"practical difficulties" or "special conditions" mean that there
are unusual physical circumstances or other conditions peculiar to
the particular lot or improvement thereon which make it
impractical, expensive, infeasible or difficult to develop property
in strict conformity with the provisions of the zoning regulations.
Examples of such practical difficulties or special conditions
include, but are not limited to, irregularity, narrowness or
shallowness of lot size or shape or exceptional topographical or
other physical conditions.
b.(1) Standards to be applied: An applicant for an area
variance must demonstrate that the variance, if granted, will not
create a substantial negative change in the essential character of
the neighborhood or district in which the property is located, nor
substantially or permanently impair the appropriate use or
development of adiacent property, nor be detrimental to the public
welfare.
b. (2) Burden of proof: The burden is on-the applicant to
clearly identify the nature of the practical difficulty or special
condition and to document, through economic or other data, why it
is impractical, infeasible, expensive or difficult to develop the
property in strict conformity with the zoning ordinance.
10
375
June 5, 1991
Entitled `Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the Common Council of the City of
Ithaca, New York, and
BE IT FURTHER RESOLVED that the Common Council shall hold a public
hearing in the matter of the adoption of the aforesaid ordinance to
be held at the Common Council Chambers, City Hall, 108 East Green
Street, Ithaca, New York on July 3, 1991 at 7:00 P.M., and
BE IT FURTHER RESOLVED that the City Clerk give notice of such
public hearing by the publication of a notice in the official
newspaper, specifying the time when and the place where such public
hearing will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing.
BE IT FURTHER RESOLVED that the City Clerk shall transmit forthwith
to the Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance for
CD its report thereon.
M Carried Unanimously
* 17.1 a Area Variance Criteria - Zoning Ordinance Amendments
m The following is the ordinance that will be considered at the
Q public hearing on July 3, 1991:
ORDINANCE NO. 91 -
AN ORDINANCE AMENDING SECTION 30.58 ENTITLED `BOARD OF
APPEALS' OF CHAPTER 30 ENTITLED `ZONING' OF THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
SECTION 1. RENUMBERING SECTION.
That the first paragraph of Section 30.58(B)(3) entitled
"Variance" is hereby amended by making the title of that section
plural and renumbering by the insertion of I in front of the sub-
section entitled "Use Variance ", so that it reads as follows:
3. Variances:
I. Use Variance: Where there are practical difficulties or
unnecessary hardship imposed by strict application of regulations
governing permitted uses or permitted accessory uses, as set forth
in this Chapter, the Board of Zoning Appeals shall have the power
pursuant to Subdivision 3 of Section 81 of the General City Law, to
grant a variance modifying the application of these regulations.
In reaching a decision or determination of practical
difficulties or unnecessary hardship [of] the Board of Appeals
shall find the following conditions are present before granting a
variance to the use regulations of this Chapter:
a. That there are special circumstances or unique conditions,
Q0", fully described in the findings of the Board, applying to such land
or buildings and not applying generally to land or buildings in the
neighborhood, which would prevent said land or buildings from
yielding a reasonable return if used for any permitted purpose.
b. That for reasons fully set forth in the findings of the
Board, the granting of the variance is necessary for the reasonable
use of the land or building.
C. That the granting of the variance will be in harmony with
the general purposes and intent of this Chapter, and will not be
G7
3 711}
June 5, 1991
order to request information or a recommendation from any City
Commission or Board with expertise in the issue under
consideration. Upon receiving such a request from the Board of
Zoning Appeals, the Commission or Board to whom the request is
directed will consider the merits of the variance request in light
of the criteria outlined in this ordinance and recommend to the
Board of Zoning Appeals whether to grant, grant with conditions or
deny the requested variance. Such recommendation shall be
forwarded to the Board of Zoning Appeals for its consideration at
the first meeting following the original variance request hearing,
unless the Board or Commission in question shall have received the
referral less than seven days before its own meeting, or requires
additional information, in which case an additional continuation
for an additional month may be granted.
Prior to seeking an area variance, an applicant may also
request a recommendation on a proposed variance request from any
City Board or Commission with expertise on an issue beinct
considered and include that recommendation in the appeal to the
Board of Zoning Appeals.
SECTION 4. EXPIRATION OF VARIANCES.
That a new Subdivision to be known as Subdivision 30.58(B)(4)
is hereby added to read as follows:
When a variance is granted by the Board of Appeals, and a
building permit to construct the building or part thereof for which
the variance has been granted has not been obtained within one year
from the day of the grantinq of the variance, said variance shall
become void.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect after public notice and
hearing in accordance with law upon publication of a notice as
provided in Section 3.11 (B) of the Ithaca City Charter.
Alderperson Hoffman gave an explanation of the ordinance.
* 17.2 Town of Ithaca Request for Easement Across Citv -owned Land
for Alternate Recreation Way Route
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the Town of Ithaca is in the process of planning for and
constructing a recreational trail in the South Hill area of the
Town of Ithaca; and
WHEREAS, a portion of the South Hill Recreationway will go over
property owned by the New York State Electric and Gas Corporation,
being the old D. L. & W. railroad right of way; and
WHEREAS, the New York State Electric and Gas Corporation has agreed
to grant only a revocable license over approximately 1,300 feet of
the old right of way needed for the South Hill Recreationway; and
WHEREAS, the New York State Office of Parks, Recreation, and
Historic Preservation is providing grant funds for the acquisition
and construction of the South Hill Recreationway; and
WHEREAS, it is a condition of the Town receiving such grant funds
that the Town be assured of having the use of the trail facilities
for at least 23 years; and
WHEREAS, because of New York State Electric and Gas Corporation's
requirement that a portion of the trail be in the form of a
revocable license, the Town of Ithaca needs an alternative route
for the terminus of the trail at its southerly end; and
12
M,
M11
June 5, 1991
b. (3) Factors which may be considered in evaluating the
request: In determining whether to grant an area variance the
Board may consider:
i) whether the requested variance represents a relatively
minor deviation from the area requirements in question;
ii) whether a substantial positive change will be produced in
(4wel the character of the neighborhood;
iii) whether granting the variance will increase the
accessibility or adaptability of the property for handicapped or
disabled individuals;
iv) whether granting the variance will have a positive impact
on the amount, type, price, or location of the City's supply of
affordable housing; in order for the Board to consider this factor,
the applicant must demonstrate that there exists a binding legal
obligation to provide housing, for a period of not less than
(D fifteen years, which is affordable to low- or moderate - income
m families or individuals as defined by federal regulations or other
-D clearly recognized standards;
v) whether granting the variance will enhance or foster the
Q preservation of the scenic or natural beauty of the area, its
architectural character, historic resources or other rare or
irreplaceable features.
If the applicant wishes the Board to consider any of the
factors under this section, the burden of proof is on the applicant
to clearly identify the factor and to submit sufficient evidence to
establish that this factor applies.
(tm� c Self- created Hardship: A finding of self- created hardship
will not, in and of itself, justify the denial of an area variance.
The Board may, however, consider the degree to which the hardship
is self- created as a factor to be weighed. Although self- created
hardship need not prevent the board from granting an area variance,
the existence of a self- created hardship does not entitle the
applicant to �a variance.
SECTION 3. GENERAL PROVISIONS REGARDING VARIANCES
That a new subdivision entitled "General Provisions Regarding
Variances" is hereby added to read as follows:
III. General Provisions Regarding Variances
a. Findings of Fact_ and Conclusions of Law: The written
decision of the Board should identify the nature of practical
difficulty, special condition or economic hardship, if any, and
indicate the Board's findings of fact on all of the factors
relevant to the application. The Board may balance the interests
involved before rendering a decision. The written decision shall
then set forth the Board's conclusions of law.
b Conditional Variance: In rendering a decision in favor of
the applicant under this section, the Board of Zoning Appeals may
attach such conditions to the variance as it may consider necessary
and appropriate under the circumstances to implement the purposes
of the Zoning Ordinance and any master plans for the City then in
effect. Any such conditions shall be indicated in the Board's
written decision.
C. Continuance for Consultation and Advice: In deciding
whether or not to grant an area variance, the Board of Zoning
Appeals may, on its own motion, or upon request by an applicant,
duly noted on the record, continue its hearing of the appeal in
11
Amendment to the Memorandum of Understanding
By Alderperson Booth: Seconded by Alderperson
RESOLVED, That in. Item No. 8 in the Memorandum
the words "If the Town requests said easement, ul
from the City" be deleted, and the paragraph st
"The Town agrees that it will ..."
June 5, 1991
Peterson
of Understanding,
)on receipt of same
art with the words
Discussion followed on the floor.
A vote on the Amendment to the Memorandum of Understanding resulted
as follows:
Ayes (4) - Peterson, Hoffman, Booth, Johnson
Nays (6) - Daley, Golder, Blanchard, Romanowski, Cummings,
Schroeder
Motion Fails
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) - Johnson, Blanchard, Peterson, Cummings, Daley,
Hoffman, Golder, Schroeder, Romanowski
Nay (1) - Booth
Carried
* 17.3 Reprogramming of Mutual Housing Funds from Floral Avenue
Site to Northside
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the absence of New York State Housing Trust funds have
made utilization of the Mutual Housing Association 1989 Community
Development Block Grant funds on the Floral Avenue site not
feasible, and
WHEREAS, the Citizens Advisory Council, the Ithaca Urban Renewal
Agency, and the Planning and Development Committee have reviewed
and approved the reprogramming of the 1989 Mutual Housing
Association funds from the Floral Avenue site to the Pogo Parcel,
and that the reprogramming is subject to the Mutual Housing
Association meeting the contingencies out lined in the Common
Council resolution of April 3, 1991, now, therefore, be it
RESOLVED, that the Common Council approves the reprogramming of the
1989 Mutual Housing Association funds in the amount of $392,635
from the Floral Avenue site to the Pogo Parcel, and that this
reprogramming is subject to Mutual Housing Association meeting the
contingencies as outlined in the April 3, 1991 Common Council
resolution.
Ayes (9) - Hoffman, Golder, Romanowski, Johnson, Booth,
Daley, Schroeder, Peterson, Cummings
Nay (1) - Blanchard
Carried
* 17.4 1991 Planning Department Work Program
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca Administrative Code requires that the
Department of Planning and Development submit for approval a work
program showing planned activities for each calendar year for
approval by Common Council, and
WHEREAS, the Department's proposed 1991 Work Program has been
reviewed by the Planning and Development Committee, and the
Planning and Development Board, now, therefore, be it
14
31 t
June 5, 1991
WHEREAS, the City wishes to cooperate with the Town in permanently
protecting and promoting the Six Mile Creek watershed area for
appropriate recreational use by both Town and City residents; and
WHEREAS, the City is the owner of certain property more
particularly shown on a map entitled "South Hill Recreationway -
Alternative Trail Route" prepared by the Town of Ithaca dated April
3, 1991 over which the alternate terminus of the trail could run;
now, therefore, be it
RESOLVED, that the Mayor, subject to the review of the City
Attorney, be authorized to execute the attached Memorandum of
Understanding providing that if the Town of Ithaca acquires a
revocable license from the New York State Electric and Gas
Corporation for the southerly portion of the South Hill
Recreationway and if, prior to December 31, 2016, New York State
Electric and Gas Corporation revokes the Town's right to use such
portion of the trail that the City would grant to the Town a
(` permanent easement for an alternate terminus of the trail on the
(0 terms and conditions more particularly set forth in the Memorandum
of Understanding.
Extensive discussion followed on the floor regarding the Memorandum
m of Understanding, with City Attorney Guttman and Assistant Town
< Planner George Frantz answering questions from Council members.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
RESOLVED, That there be a Second Resolved Clause added to the
resolution to read as follows:
"RESOLVED, That Common Council respectfully requests that the Town
of Ithaca accord high priority to its consideration of the proposal
(Woo'e by the Town's Conservation Advisory Council, as endorsed by the
City of Ithaca in January 1991 for more protective zoning
designation and land use regulation of property within the Six Mile
Creek area in the Town of Ithaca."
Discussion followed regarding the amending resolution.
No Council member objected to the amendment, therefore it was
accepted as an amendment to the resolution.
Amendment to the Memorandum of Understanding
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That Item No. 10 in the Memorandum of Understanding be
changed to read as follows:
"Whether or not the Town ever requests said easement, the Town
agrees it will not use any pesticides on the South Hill Trail
without the prior consent of the City ".
Discussion followed on the floor. Mayor Nichols urged the Council
not to impose conditions on the Town outside the proposed easement
area.
A vote on the Amendment to the Memorandum of Understanding resulted
as follows:
Ayes (8) - Booth, Johnson, Peterson, Hoffman, Blanchard,
Golder, Schroeder, Cummings
Nays (2) - Daley, Romanowski
Carried
13
June 5, 1991
Development of City's Comprehensive Housing Affordability Strategy
(CHAS) - Report
Alderperson Hoffman explained that the Federal Government requires
the City to submit a comprehensive housing affordability strategy
by the Fall of this year. Public Hearings are required by the end
of summer.
Alderperson Hoffman stated that the staff from the Planning
Department felt it would be impossible to do a completely detailed
job of coming up with a City -wide strategy without abandoning many
parts of the current work plan. The committee was convinced that
we should do what is feasible within the constraints of this year's
work plan and current staff and within the time constraints.
Northside Park - Boundaries for Grant Requests - Report
Alderperson Hoffman reported that the City has already submitted a
request for Federal funding to help with the cost of a Northside
park. The boundaries of the park were modified from the proposal
that went into the State and which was recently rejected. He
stated that the park land has been reduced to accommodate the
official City street between Mutual Housing and the park; the
actual green space of the park may not be affected but there will
be a street right -of -way going further into what had been made park
area.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.1 Planning Department Request to Amend Architectural
Agreement for GIAC Pool
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Client Committee for the GIAC Pool Construction
Program has selected the architectural firm of Hoffman, O'Brien,
Look and Taube, P.C. to provide basic services, including design
development, construction documents, bidding-and construction, in
connection with said project; now, therefore, be it IJ
RESOLVED, That the Mayor be authorized to execute an agreement with
the firm of Hoffman, O'Brien, Look and Taube, P.C. for an amount
not to exceed $44,390, plus reimbursable expenses of $4,000 for
such purpose.
Substitute Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Client Committee for the GIAC Pool Construction
Program has selected the architectural firm of Hoffman, O'Brien,
Look and Taube, P.C. to provide basic services, including design
development, construction documents, bidding and contract
administration, in connection with said project; now, therefore, be
it
RESOLVED, That the Mayor be authorized to execute a two part
agreement with the firm of Hoffman, O'Brien, Look and Taube, P.C.
for a total amount not to exceed $44,390., plus reimbursable
expenses of $4,000 for such purpose, and be it further
RESOLVED, That Part 1 of the agreement will include basic services
of design development, construction documents, and bidding for an
amount not to exceed $31,715., plus reimbursable expenses, and be
it further
RESOLVED, That Part 2 of the agreement will include basic services
of contract administration for an amount to be negotiated once the
exact scope of construction and the City's management plan for
construction is defined.
Alderperson Booth, for the record, asked City Attorney Guttman if
the City could adopt the contract and then decides to administer
the construction overview through the Department of Public Works.
s.
381
June 5, 1991
RESOLVED, That Common Council does hereby approve the Department of
Planning and Development 1991 Work Program.
Ayes (7) - Blanchard, Hoffman, Peterson, Golder, Johnson,
Schroeder, Booth
Nays (3) - Cummings, Daley, Romanowski
Carried
* 17.5 GIAC Pool Approval - Designation of Lead Agency for
Environmental Review
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the Client Committee for the GIAC Neighborhood Park and
Pool has produced a feasibility study for the proposed project, and
WHEREAS, the State Environmental Quality Review Act and the City of
Ithaca's Environmental Quality Review Ordinance require that an
environmental review of the proposed GIAC Neighborhood Park and
Pool be completed before its development, and
(o WHEREAS, the Client Committee has recommended that Common Council
be designated as lead agency for the environmental review; now,
-� therefore, be it
m RESOLVED, that the Common Council is hereby designated as the lead
Q agency for the environmental review of the GIAC Neighborhood Park
and Pool.
Carried Unanimously
Central Business District /West State Street Rezoning Proposals
Alderperson Hoffman reported that the Committee has directed the
Planning Department to prepare alternative rezoning options. The
Committee is in agreement with the Vision Task Force proposals for
the Central Business District which mainly concerns the height of
(400.1 buildings. Alderperson Hoffman stated that the committee is not
yet in agreement on how to handle the West State Street corridor.
The question will be looked at again at the next committee meeting.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.6 Building Department Request to Hire Plan Review Officer
Above the Minimum
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That Phyllis Radke be appointed to the position of Plan
Review Officer in the Building Department at an annual salary of
$28,094., that being Step 4 on the 1991 CSEA Administrative Unit
Compensation Plan, effective June 10, 1991.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Romanowski, Blanchard, Peterson, Daley, Golder,
Hoffman, Johnson, Schroeder
Nays (2) - Booth, Cummings
Carried
Alderperson Blanchard left the meeting at 10:05 p.m.
(400" PLANNING AND DEVELOPMENT COMMITTEE:
Proposal to Change One -year Limit on Variance to Two Years - Report
Alderperson Hoffman reported that the proposal to change one -year
limits on variances to two years is still being worked on in
committee.
15
June 5, 1991
RESOLVED, That $3,000. be transferred from Account A3620 -470,
Equipment Rental, and $2,500. transferred from Account A1990
Unrestricted Contingency, to Account A3620 -210, Office Equipment,
for such purpose.
Carried (9 -0)
* 18.7 Request Additional Funds for Central Processing Facility
Litigation
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City has received the final bill regarding the appeal
of the Central Processing Facility lawsuit decision, and
WHEREAS, the final bill is greater than the original amount
estimated for the appeal process; now, therefore, be it
RESOLVED, That $4,500 be transferred from Account A1990,
Unrestricted Contingency, to Account A1420 -435, City Attorney
Contractual Services, to pay the final bill relative to the Central
Processing Facility lawsuit appeal.
Discussion followed on the floor regarding the over -run of this
bill.
Motion to Refer Back To Committee
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the resolution requesting additional funds for
Central Processing Facility litigation be referred back to the
Budget and Administration Committee for further investigation of
the final bill.
Discussion followed on the floor.
A vote on the Motion to Refer resulted as follows:
Ayes (5) - Schroeder, Daley, Golder, Hoffman, Johnson
Nays (4) - Booth, Peterson, Cummings, Romanowski
Carried
* 18.8 Department Roster Review Process
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That each Department shall prepare and transmit to the
Mayor on or before July 1, 1991, an initial plan, with appropriate
alternatives, for adjustments and reductions to department
personnel rosters in the interest of reducing the total budgetary
cost for personnel.
Alderperson Daley presented the following Substitute Resolution:
Substitute Resolution
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, the New York State Legislature has cut over $500,000. from
the existing 1991 City Budget Revenues, and
WHEREAS, the shortfall for 1992 is anticipated to be even larger,
and
WHEREAS, the City Departments need guidance from Common Council to
be able to present program alternatives to address this budget
crisis; now, therefore, be it
RESOLVED, That Common Council instructs the Controller's Office to
provide solid figures by Wednesday, June 12 on the budget shortfall
for rest of 1991 and projected shortfall for 1992 including, for
example, union contracts, fixed costs and mandated expenses, and be
it further
I,
383
June 5, 1991
City Attorney Guttman responded that Part 2 could be subject to
negotiation.
A vote on the Substitute Resolution resulted as follows:
Carried (9 -0)
* 18.2 Request to Sign Professional Services Contract for Green
Street Garage Reconstruction Project
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, Capital Project #224 for the reconstruction of the Green
Street Parking Facility was established in 1989, and
WHEREAS, the Department of Public Works wishes to contract with the
engineering firm of Novelli and Co. for the provision of
professional services to complete construction documents and
supervise construction; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute an agreement with
(� Novelli and Co. for an amount not to exceed $20,000.00 for the
(� provision of said services.
Carried (9 -0)
* 18.3 Request to Sign Professional Services Contract for Water
m Treatment Plant Renovations Project
Q By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, Capital Project #502 for the reconstruction of the City's
Water Treatment Facility was established in 1988, and
WHEREAS, the Department of Public Works wishes to contract with the
firm of Malcolm Pirnie, Inc., consulting Environmental Engineers,
to provide construction documents and construction supervision in
connection with said project; now, therefore, be it
(400" RESOLVED, That the Mayor be authorized to execute an agreement with
Malcolm Pirnie, Inc. for an amount not to exceed $66,000.00 for the
provision of said services, and be it further
RESOLVED, That the City Controller be authorized to advance
$66,000.00 from the available water fund moneys to Capital Project
#502 Water Treatment Facility Reconstruction pending the issuance
of Bond Anticipation Notes for said purpose.
Carried (9 -0)
* 18.4 Request to Sign Professional Services Contract for North
Cayuga Street at Cascadilla Creek Bridge
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, Capital Project #234 for the reconstruction of the North
Cayuga Street Bridge over Cascadilla Creek was established in 1990,
and
WHEREAS, the Department of Public Works wishes to contract with an
engineering firm for the provision of professional services to
complete construction documents and supervise construction of that
project; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute an agreement not
to exceed $40,000. with an appropriate engineering firm for the
provision of said services.
Carried (9 -0)
* 18.5 Request to Amend Building Department 1991 Authorized
Equipment List
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the authorized equipment list for the Building
Department be amended to include a Copy Machine to be acquired at
a cost not to exceed $5,500., and be it further
17
3811
June 5, 1991
WHEREAS, by bond resolution dated February 6, 1991, the Common
Council of the City of Ithaca, Tompkins County, New York,
authorized, among other things, the issuance of $1,900,000 serial
bonds and the appropriation and expenditure of $65,000 current
funds and $35,000 monies from the Capital Reserve Fund for Energy
Improvements to pay the cost of the construction of a new Court
Facility or the reconstruction of the existing Hall of Justice, and
WHEREAS, it has now been determined that an additional
$600,000 is required to complete such construction or
reconstruction and it is now desired to authorize such additional
funding; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying costs
of the construction of a new Court Facility or the reconstruction
of the Hall of Justice of and for the City of Ithaca, Tompkins
County, New York, there are hereby authorized to be issued an
additional $570,000 serial bonds of said City pursuant to the
provisions of the Local Finance Law and there are hereby authorized
to be expended an additional $30,000 monies from the Capital
Reserve Fund for Energy Improvements, which monies are hereby
appropriated therefor.
Section 2. It is hereby determined that the maximum estimated
cost of the aforesaid specific object or purpose is not determined
to be $2,600,000 and that the plan for the financing thereof is as
follows:
a. By the issuance of the $1,900,000 serial bonds of the
$2,847,720 serial bonds authorized to be issued pursuant
to bond resolution dated February 6, 1991;
b. By the expenditure of $65,000 current funds and $35,000
monies from the Capital Reserve Fund for Energy
Improvements appropriated pursuant to bond resolution
dated February 6, 1991;
C. By the expenditure of the additional $30,000 monies from
the Capital Reserve Fund for Energy Improvements
appropriated pursuant to this bond resolution; and
d. By the issuance of the additional $570,000 serial bonds of
said City authorized to be issued pursuant to this bond
resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes
is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a
of Section 11.00 of the Local Finance Law, computed from May 6,
1991, the date of issuance of the first obligations to be issued
for such object or purpose pursuant to bond resolution dated
February 6, 1991.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance
Law.
20
P-..�P
C1 0 l/
June 5, 1991
RESOLVED, That the Common Council meet as an expanded Budget and
Administration Committee on Wednesday, June 12 and additional
meetings if necessary to provide the needed guidance to Department
Heads, and be it further
RESOLVED, That as a result of the Budget and Administration
Committee actions the Common Council will provide the Department
Heads with the following policy guidelines:
Q0.1 1) A timeline for implementing any budget cutbacks.
2) A decision on how much each Department will contribute
toward addressing the shortfall.
3 ) A way to deal with the possibility of staff layoffs as one
way of closing the budget gap.
Discussion followed on the floor.
(o Mayor Nichols, stated, for the record, that it is his position that
M the City will do everything possible to prevent lay -offs of City
_D employees.
LM A vote on the resolution resulted as follows:
Q Carried (9 -0)
* 18.9 Finance Department /Chamberlain - Authorize Bank Aareement
for Use of Facsimile Signatures
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the Tompkins County Trust Company be, and it hereby
is, authorized and directed to honor as genuine and authorized
instruments of the City of Ithaca and Ithaca Area Waste Water
Treatment Plant Joint Activity, any and all checks, drafts and /or
other orders for the payment of money drawn in the name of the City
of Ithaca and Ithaca Area Waste Water Treatment Plant Joint
Activity and signed with the facsimile signature of Debra A.
Parsons as City Chamberlain, and be it further
RESOLVED, That the City of Ithaca is authorized to and hereby does
assume full responsibility for any and all payments made by said
Tompkins County Trust Company in reliance upon the facsimile
signature of the City Chamberlain and agrees to indemnify and hold
harmless the said Tompkins County Trust Company against any and all
loss, cost, damage or expense suffered or incurred by said Tompkins
County Trust Company arising out of the misuse or unlawful or
unauthorized use by any person of such facsimile signature, and be
it further
RESOLVED, That the Chamberlain of the City of Ithaca be and she
hereby is authorized and directed to deliver to the said Tompkins
County Trust Company specimens of the facsimile signature.
Carried (9 -0)
* 18.10 Bond Resolution
By Alderperson Booth: Seconded by Alderperson Daley
BOND RESOLUTION DATED JUNE 5, 1991.
1%001 A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL
$570,000 SERIAL BONDS AND THE APPROPRIATION AND EXPENDITURE OF AN
ADDITIONAL $30,000 CAPITAL RESERVE FUND MONIES OF THE CITY OF
ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY COSTS OF THE CONSTRUCTION
OF A NEW COURT FACILITY OR THE RECONSTRUCTION OF THE EXISTING HALL
OF JUSTICE.
19
June 5, 1991
The foregoing resolution was put to a Roll Call Vote which resulted
as follows:
Cummings -
Aye
Romanowski
- Aye
Daley -
Aye
Hoffman
- Aye
Schroeder -
Aye
Peterson
- Aye
Blanchard
- Absent
Johnson
- Aye
Golder
- Nay
Booth
- Aye
Carried
* 18.11 Transfer City Hall Annex to IURA
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, on October 3, 1990 the City of Ithaca transferred
authority to sell the City Hall Annex to the Ithaca Urban Renewal
Agency, and
WHEREAS, in accordance with Section 50C of the General Municipal
Law, the actual transfer of title of the City Hall Annex property,
Tax Map No. 70- 50 -24, 123 South Cayuga Street, will insure the tax
exempt status of such parcel pending the sale or lease thereof;
now, therefore, be it
RESOLVED, That the Mayor is directed, upon advice of the City
Attorney, to effectuate the transfer of ownership of the City Hall
Annex property to the Ithaca Urban Renewal Agency.
Discussion followed on the floor.
Alderperson Hoffman stated that he does not think the Urban Renewal
Agency is a proper process for making these kinds of policy
decisions, and will vote against this Resolution.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Cummings, Peterson, Daley, Schroeder,
Golder, Romanowski, Johnson
Nay (1).- Hoffman
Carried
* 18.12 Audit
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the bills presented, as listed on Audit Abstract
10/1991 in the total amount of $28,363.77, be approved for payment.
Carried (9 -0)
NEW BUSINESS•
* 22.1 Committee on Traffic Reduction and Public Transit
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, Common Council, at its meeting of August 1, 1990, adopted
the following resolution requesting that the Downtown Vision Task
Force create a Public Transportation Initiatives Committee, and
WHEREAS, the Public Transit Initiatives Subcommittee of the
Downtown Vision Task Force was formed in response to the Council
request and has submitted its recommendations, and
WHEREAS, the Subcommittee recommended that a standing committee on
public transit be formed; now, therefore, be it
RESOLVED, That the Mayor appoint a Committee on Traffic Reduction
and Public Transit with the responsibilities as specified by the
Council resolution of August 1, 1990 and drawing as much as
possible on the composition suggested in that resolution.
Carried (9 -0)
22
June 5, 1991
Section 5. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed in
the name of the City of Ithaca, Tompkins County, New York, by the
manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted and attested by
the manual or facsimile signature of the City Clerk.
Section 6. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
(Woe delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he or she shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he or she
shall comply fully with the provisions of the Local Finance Law and
any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
CD
M
m
a
Section 7. All other matter, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a fiscal
agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not to
impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds
shall contain substantially the recital of validity clause provided
for in Section 52.00 of the Local Finance Law and shall otherwise
be in such form and contain such recitals in addition to those
required by Section 52.00 of the Local Finance Law, as the City
Controller shall determine.
Section 8. The validity of such additional bonds and bond
anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money, or
2 ) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced with twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 9. This resolution, which takes effect immediately ,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 71.00 of the Local
Finance Law.
Discussion followed on the floor.
21
387
`190
June 5, 1991
RESOLVED, That Common Council suggests that the composition of the
Subcommittee be as follows:
The City of Ithaca Transportation Manager
One Tompkins County Senior Planner
One Town of Ithaca government representative and
other such municipal representatives as may be appropriate
The Cornell University Director of Transportation
One member of the Planning and Development Committee
One mass transit user
One member of the Planning and Development Board
One member of the Budget and Administration
Committee
One member of the Conservation Advisory Council
One member of the Board of Public Works
One member of the Downtown Vision Task Force
Two members of Downtown Ithaca, Inc.
Director of Planning and Development
and be it further
RESOLVED, That Common Council requests that the Subcommittee and /or
the Downtown Vision Task Force report to the Planning and
Development Committee on a regular basis, on the issue of public
transportation initiatives.
ADJOURNMENT
On a motion the meeting adjourned at 10:40 p.m.
Callista F. Paolangel
City Clerk
24
Z'J �'
Benjamin Nichols
Mayor
I rn
June 5, 1991
Mayor Nichols requested that the record include the following
Resolution:
Resolution from August 1, 1990•
WHEREAS, the increased use of mass transportation offers numerous
public benefits, including a cleaner environment, reduced
traffic congestion, quieter neighborhoods and more efficient
movement of people to and from school, work places and shopping
districts, and
WHEREAS, parking shortages in the Central Business District and
elsewhere in the City can be alleviated not only by building more
parking spaces but also by freeing existing spaces through
.increased public transportation use, and
WHEREAS, various new public transportation proposals -- such as
park and ride lots, shuttle buses, coordinated car - pooling systems
and employee incentive programs -- merit immediate, focused study,
and
Co
M WHEREAS, such study will require coordination between the City of
—� Ithaca, Cornell University, Ithaca College, Tompkins County, the
Town of Ithaca and other municipalities within the County and
M downtown business leaders; now, therefore, be it
Q
RESOLVED, That Common Council recommends that the Downtown Vision
Task Force create a Public Transportation Initiatives Subcommittee,
to be charged with:
1) Identifying the factors that contribute to greater use
of public transportation and the extent to which those factors
do and /or could exist in Ithaca.
2) Making specific recommendation for the siting, funding and
operation of peripheral park & ride lots on all sides of the City,
with shuttle bus connections to the Central Business District,
Cornell and any other appropriate destination.
3) Proposing, if feasible,
funding method and (possibly) promo
or bus color) for an East Hill
continuous uphill - downhill trips
District and Collegetown /Cornell
frequency.
a specific route, timetable,
tional image (i.e., special logo
shuttle bus that would make
between the Central Business
with the greatest possible
4) Encouraging both public and private sector employers to
offer incentives for car - pooling and public transit use (for
example, through the establishment of a coordinated car - pooling
system for the Central Business District, or by offering individual
employees free bus tickets in exchange for their free parking
spaces, etc.).
5) Investigating and proposing any other public
transportation initiatives that could ameliorate traffic and
parking problems in the Central Business District and elsewhere in
the City including incentive permitting such as minimum occupancy
for preferential parking permits.
6) Maintaining frequent communication with the NYS Department
of Transportation to encourage early State funding of traffic
mitigation measures designed to ease the impact of Route 96
construction. Such funding might help support some of the above
proposals, and, be it further
23