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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. 1 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. 2 D 36�) 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. 3 137() 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 D 3'71 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 ". 5 I f 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." 0 9 37:1 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 7 371 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. lr.� 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 (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 9 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 9 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 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. 10 J 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