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HomeMy WebLinkAboutMN-CC-1992-03-04 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. March 4, 1992 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley, Booth, Johnson, Schroeder, Golder, Hoffman, Berg OTHERS: City Clerk - Paolangeli Deputy City Controller - Thayer City Attorney - Guttman Assistant City Attorney - Kennedy Police Chief - McEwen Fire Chief - Olmstead Planning and Development Director - Van Cort Planning and Development Deputy Director - Sieverding Commons Coordinator - Deming Superintendent of Public Works - Gray Acting Building Commissioner - Eckstrom Personnel Administrator - Saul Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves Tompkins County Board of Representatives - Lerner PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the February 5, 1992 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That the Minutes of the February 5, 1992 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Blanchard requested a report on the Homeless Task Force be added to the Human Services agenda. No Council Member objected. MAYOR'S APPOINTMENTS: Traffic Reduction and Public Transit Committee Mayor Nichols announced that the following persons have been appointed to the Traffic Reduction and Public Transit Committee with terms expiring March 1, 1993: Mignon BelongieGuy Gerard George FrantzNeil Golder John Gutenberger Dan Hoffman Zoe Neaderland Nancy Schuler Andrew Yale, Chair Ex-officio Bernard Carpenter Doug Foster Dwight Mengel William E. Wendt March 4, 1992 2 Energy Commission Mayor Nichols announced that the following persons have been appointed to the Energy Commission upon the recommendation of the Board of Public Works, with terms expiring March 1, 1993: Lew Durland, Coordinator Jeanne Fudala Bruce John Jim Miller (DPW Liaison) Zoe Neaderland Bob Romanowski (Council Liaison) Kathleen Ryan Troy Thorbahn PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Re-zoning of West State Street Mr. James Hanson, Tompkins County Planning Commissioner, expressed his support for re-zoning West State Street. Mr. Hanson also spoke to Council regarding the appropriation of funds from the Green Street Parking Lot re-payment. He urged the Council to pass the resolution on this matter that is on tonight's agenda. Mr. Mark Finkelstein, 210 Lake Street, urged Council to call for a public hearing on the West State Street re-zoning and to approve the Negative Declaration that is on tonight's agenda for this re- zoning. West Hill Master Plan Mr. George Frantz, Assistant Town Planner, 604 Cliff Street, urged Council to approve the revised West Hill Master Plan. Atty. Raymond Schlather, 201 Sunrise Road, spoke to Council in support of the revised West Hill Master Plan as recommended by the Planning and Development Committee. He urged Council to approve the resolution on tonight's agenda. Alderperson Romanowski read a letter from Mr. and Mrs. Claude French, 702 Cliff Street, thanking Council for the work that has been done on the West Hill Master Plan and urged Council to pass the revised plan as recommended by the Planning and Development Committee. REPORT OF THE BOARD OF REPRESENTATIVES: Mr. Eric Lerner, 1st Ward Rep., spoke to Council on the following matters: County Budget - The Board has committed itself to make an additional $500,000 cut in local expenses for the 1992 budget. Solid Waste - The County has received permits from the Army Corp of Engineers with regard to the wetland at the DR-7 site. We still need to be in compliance with the State D.E.C. so the process is a long way from being completed. Flow Control Legislation - The Board has passed a resolution requesting authorization from the State to pass what is known as a flow control local law. The law would allow the County to control the flow of solid waste. Mr. Lerner answered questions from Council members regarding the flow control law. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to Council on the following: March 4, 1992 3 Intersection of Mitchell Street and College Avenue - The Board is going to be repairing guard rails in the area and looking into flashing warning lights and/or signage and possibly a capital project to reconstruct the curbs. All-Way Stop at Columbia and Giles Streets - This issue was voted down based on the fact that the Board is looking into better methods of handling the many requests that they have received. Marshall and Monroe Street Bridge - The Board passed a resolution requesting the removal of the bridge. In the resolution there is a provision to salvage the re-useable parts, such as the iron work. The neighborhood has been reassured that the Board would put forth a capital project request to replace it with a pedestrian bridge. Elmira Road Sidewalks - The sidewalks are being discussed again. The Disability Advisory Council and the Planning and Development Board have reviewed the plans and have come back to the Board with recommendations. Meeting Procedures - The Board is still reviewing ways to streamline their meeting procedures. The work program for 1992 has been finalized with the Mayor making assignments of Board members to major areas of study. The following are items that will come before the Board: 1. Bus service to the Farmer's Market 2. Free Ithaca Transit passes for City employees 3. Replacement of the Golf Course maintenance building Commissioner Reeves answered questions from Council members. Building Department Advisory Board Mr. Ted Bronsnick, Chairman, reported on the progress that the Board has made in reviewing the operations and procedures of the department. He stated that their first accomplishment has been to make recommendations to the housing inspection process that is being implemented by one of the inspectors on a trial basis. Mr. Eckstrom has reported to the Board that this system is working and will be adopted by the rest of the inspectors. Mr. Bronsnick read a mission statement that has been developed by the Board and Mr. Eckstrom. He stated that before June, the Board will issue their recommendations, including whether or not a permanent Board should be appointed. COMMUNICATIONS FROM THE MAYOR: Cornell/City Relations Committee Mayor Nichols reported that negotiations with Cornell are being arranged and meetings will be forthcoming. West State Street Re-zoning Mayor Nichols emphasized the importance of moving ahead with the public hearing for the West State Street re-zoning. Appropriation of Green Street Parking Lot Repayment Mayor Nichols urged the Council to pass the resolution on the appropriation of Green Street Parking Lot repayment. He stressed the importance of the funds being used for the revitalization of downtown. REPORT OF THE CITY CLERK: 11.1 Appointment of Election Custodians for 1992 March 4, 1992 4 By Alderperson Daley: Seconded by Alderperson Johnson RESOLVED, That Michael Moseley and Claude Colleyacme be appointed as Election Custodians for the City of Ithaca, New York for the year 1992. Carried Unanimously 11.2 Designation of 1992 Polling Places By Alderperson Daley: Seconded by Alderperson Johnson RESOLVED, That the following be designated as Polling Places for 1992: FIRST WARD 1st District Chestnut Street Alternative Community School 2nd District 800 S. Plain St. Titus Towers Housing 3rd District 626 W. State St. Bangs Ambulance Service 4th District 300 W. Court St. G.I.A.C. Building 5th District Chestnut Street Alternative Community School SECOND WARD1st District 300 W. Court St. G.I.A.C. Bldg. 2nd District 310 W. Green St. Central Fire Sta. 3rd District 520 Hudson St. South Hill School 4th District 310 W. Green St. Central Fire Sta. 5th District 300 W. Court St. G.I.A.C. Bldg. THIRD WARD 1st District Cornell Campus Willard Straight Central Avenue Hall 2nd District Cornell Street Belle Sherman Annex 3rd District Cornell Street Belle Sherman Annex FOURTH WARD 1st District 635 Stewart Ave. Noyes Center 2nd District 402 E. State St. Challenge Ind. 3rd District 309 College Ave. #9 Fire Station FIFTH WARD 1st District 1012 N. Tioga St. #7 Fire Station 2nd District Corner King & Fall Creek School Aurora Streets 3rd District 309 Highland Rd. 1st Congregational Church 4th District Corner King & Fall Creek School Aurora Streets Carried Unanimously REPORT OF CITY ATTORNEY: City Hall Annex Bids City Attorney Guttman reported that March 2 was the deadline for receiving bids for the City Hall Annex. At the time of the deadline, there were no bids submitted. There has been continued interest in the building, including statements by some individuals that if they had more time, they would be submitting bids. Based on that, the Ithaca Urban Renewal Agency is recommending that the March 4, 1992 5 City continue to market the building and express its willingness to receive offers for the building. If any offers are received we propose to bring them before the IURA and the Intergovernmental Relations Committee. Jury Trial - Woolworth's and City City Attorney Guttman reported that there was a jury trial held as a result of someone slipping in the Woolworth parking lot and claiming that the accident was due to the City's or Woolworth's failure to properly remove the snow and ice from the parking lot. The jury determined that there was no negligence by either the City or Woolworth and that case was dismissed. Awards to City City Attorney Guttman reported on two instances where the City sued individuals and in both instances the judge ruled in favor of the City. Summary of Recent Code Enforcement Activity City Attorney Guttman reported on several cases regarding code enforcement. ACC Problem City Attorney Guttman reported that in terms of the cable rates, ACC has raised their rates as of March 1. It is his opinion that ACC has raised the rates above what they are entitled to charge. He stated he has written to ACC and they have forwarded the letter to their counsel who is reviewing it and he will have a written response to us in a week or two. PLANNING AND DEVELOPMENT COMMITTEE: * 14.1 Acceptance and Approval of West Hill Master Plan By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, a Master Plan for the West Hill area of the City has been prepared under the direction of the Planning and Development Board with the participation of the West Hill Civic Association and appropriate departments of City government, and WHEREAS, the Plan includes modifications to the planning concepts for the West Hill area as outlined in previous planning documents including the 1954 and 1970 General Plans, and WHEREAS, the Plan has been the subject of numerous public meetings and discussions, and WHEREAS, the appropriate environmental reviews of the Plan have been completed and have resulted in a Finding of No Significant Impact, and WHEREAS, the Planning and Development Board approved and adopted the West Hill Master Plan in July 1991 and, subsequently, approved modifications to the Plan developed through the cooperative efforts of the West Hill Master Plan Committee, residents of Cliff Street and Planning and Development staff, in January 1992; now, therefore, be it RESOLVED, That the West Hill Master Plan, as modified, is hereby accepted and approved by the Common Council as the general guide for the future development of the West Hill portion of the City and shall be deemed a part of the City's Comprehensive Plan. Extensive discussion followed on the floor. Alderperson Efroymson expressed the opinion that the issue of affordable housing was not addressed adequately in this plan. March 4, 1992 6 Alderperson Blanchard felt that those concerns were very much considered in this plan. A vote on the resolution resulted as follows: Ayes (9) - Blanchard, Romanowski, Daley, Johnson, Booth, Golder, Schroeder, Hoffman, Berg Nay (1) - Efroymson Carried * 14.2 West State Street/CBD Rezoning By Alderperson Schroeder: Seconded by Alderperson Romanowski WHEREAS, Common Council will consider the rezoning of the Central Business District including changing the existing zoning designations to CBD-100, CBD-85 and CBD-60, and the rezoning of the West State Street corridor from B-2a to B-2c and changing the B-1a zone on Court Street to B-1b, and WHEREAS, the proposed action is a Type 1 action under the State Environmental Quality Review Act and the City Environmental Quality Review Act, and WHEREAS, Common Council declared itself Lead Agency in this matter on November 6, 1991, and WHEREAS, appropriate environmental review has been conducted including a scoping session, preparation of the Short Environmental Assessment Form (SEAF), and the Long Environmental Assessment Form (LEAF) with Part III which analyzed potential impacts related to parking, traffic, visual character and historic resources, fiscal issues and housing supply, and WHEREAS, it appears based on the level of environmental review described above including the identified mitigating measures the proposed action will not have a significant effect on the environment; now, therefore be it RESOLVED, That this Common Council, as Lead Agency in this matter, hereby does accept as its own the findings and conclusions more fully set forth in the Short and Long Environmental Assessment Forms including Part III dated January 22, 1992, (which is attached to the Official Minute Book), and be it further RESOLVED, That this Common Council, as Lead Agency, hereby does determine that the proposed action will not have a significant effect on the environment because of the mitigation measures identified in Part III, and be it further RESOLVED, That this resolution shall constitute notice of this Negative Declaration and the City Clerk is directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Alderperson Hoffman stated, for the record, that he is currently a member of the Board of Directors of Greenstar Cooperative Market, which is a not-for-profit organization that is currently looking for a new store site. One property that is under consideration is located on West State Street in the zone that is under consideration for re-zoning. He stated that according to the Building Department that site is grandfathered and has no parking requirement now for retail use. Alderperson Hoffman further stated that he receives no compensation from Greenstar and he has no financial investment in March 4, 1992 7 the co-op and the co-op has no financial obligations to him. He said that after consultation with the Assistant City Attorney he has decided he does not see a public policy reason to ask to be excused from either the discussion or the vote on this question. Alderperson Blanchard stated, for the record, that she needs to make a similar disclosure. She said that while she is not a property owner in the area, she does have a business office that is located in a property that will be affected by this zone. She stated that she does not feel she has a conflict of interest, therefore, she will be voting on the question. Alderperson Daley stated that he does have property in this affected zone but he does not feel that the rezoning will have any positive effect on his property so he does not feel that he has a conflict of interest. Discussion followed on the mitigation measures dated February 26, attached to the agenda. Alderperson Hoffman suggested the following amendment to the mitigation measures: Resolution By Alderperson Hoffman: Seconded by Alderperson Berg "RESOLVED, That under "Parking" in the mitigation measures, the first paragraph read: "Increase the supply of off-street parking in either surface level parking lots or in a structured parking facility, if needed." A vote on the amendment to the mitigation measures resulted as follows: Ayes (7) - Hoffman, Blanchard, Golder, Efroymson, Berg, Johnson, Schroeder Nays (3) - Romanowski, Daley, Booth Carried Alderperson Hoffman suggested that the words "Control over development timing and location" under the heading of "Traffic", be deleted from the mitigation measures. No Council Member objected, therefore the words are deleted. Extensive discussion followed with Alderperson Booth expressing his reasons for disagreeing with several of the conclusions reached in the Environmental Assessment. Deputy Planning Director Sieverding responded to questions from Alderperson Booth and other Alderpersons. Alderperson Hoffman referred to page 10 of the Environmental Assessment form, under "Determination". He corrected the answer under "Determination" to "B" as was decided in the Planning Committee and asked that a copy of the Environmental Assessment form with the correction be attached to the Official Minute Book. A vote on the resolution resulted as follows: Ayes (7) - Blanchard, Romanowski, Daley, Berg, Hoffman, Efroymson, Schroeder Nays (3) - Booth, Golder, Johnson Carried March 4, 1992 8 * 14.3 West State Street/CBD Rezoning - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the Downtown Vision Task Force first recommended the rezoning of the Central Business District and the West State Street corridor in February 1991, and WHEREAS, this rezoning proposal has followed the implementation procedure for Complex Zoning Ordinance Amendments as described in Council's Guide for Zoning Ordinance Amendments adopted in 1990, and WHEREAS, the Planning and Development Committee after receiving and considering comments on the draft Zoning Ordinance Amendments recommends its adoption by the Common Council; now, therefore, be it RESOLVED, That Ordinance Number 92- entitled "An ordinance amending the Zoning Map and Subdivision D of Section 30.33 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code" be and it is hereby introduced before the Common Council, and, be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforementioned ordinance to be held at Common Council Chambers, City Hall, 108 E. Green Street on Wednesday, April 1, 1992 at 7:00 p.m., and, be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for its report thereon. ORDINANCE NO. 92- AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 30, ENTITLED "ZONING" TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS IN THE CITY OF ITHACA AND TO ESTABLISH APPROPRIATE DISTRICT REGULATIONS. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 30, Section 30.21 of the Municipal Code of the City of Ithaca is hereby amended to create a new zoning district to be known as CBD Central Business District. Section 2. Chapter 30, Section 30.22 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following area from B-3 and B-2C as appropriate to CBD 60: All that tract or parcel of land more particularly bounded and described as follows: Beginning at the intersection of the south line of West Seneca Street with the east line of South Geneva Street; running thence southerly along the east line of South Geneva Street to the intersection of the east line of South Geneva Street with the north line of West Green Street; running thence easterly along the north line of West Green Street and the north line of East Green Street to the intersection of the north line of East Green Street with the center line of East State March 4, 1992 9 Street; running thence easterly along the center line of East State Street to the intersection of the center line of East State Street with the center line of Seneca Way; running thence northwesterly along the center line of Seneca Way to the intersection of the center line of Seneca Way with the center line of East Seneca Street; running thence in a northerly direction to the southeast corner of tax parcel 62-5-12; running thence in a northerly direction along the east line of tax parcel 62-5-12 to the northeast corner thereof; running thence in an easterly direction along the south line of the easterly portion of tax parcel number 62-5-16 to the southeast corner thereof; running thence in a northerly direction along the east line of the east portion of tax parcel number 62-5-16 to the northeast corner thereof, being a point in the south line of tax parcel number 62- 5-4; running thence in a westerly direction along the south line of tax parcel number 62-5-4 to the southwest corner thereof, being a point in the east line of tax parcel number 62-5-16; running thence northerly along said east line of tax parcel number 62-5-16 to the northeast corner thereof, being the southeast corner of tax parcel number 62-5-18; running thence northerly along the east line of tax parcel number 62-5-18 to the northeast corner thereof, being a point in the south line of tax parcel number 62-5-3; running thence easterly along the south line of tax parcel number 62-5-3 to the southeast corner thereof; running thence northerly along the east line of tax parcel number 62-5-3 to the northeast corner thereof, being a point in the south line of East Buffalo Street; running thence westerly along the south line of East Buffalo Street to the intersection of the south line of East Buffalo Street with the east line of North Cayuga Street; running thence southerly along the east line of North Cayuga Street to the intersection of the east line of North Cayuga Street with the south line of West Seneca Street; running thence westerly along the south line of West Seneca Street to the point or place of beginning. Excluding and excepting that tract or parcel of land more particularly described in Section 3 hereafter which is being changed from being designated as B-3 and B-2C zones to the CBD 85 zone. Section 3. Chapter 30, Section 30.22 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following area from B-3 and B-2C as appropriate to CBD 85: All that tract or parcel of land more particularly bounded and described as follows: Beginning at a point at the intersection of the center line of North Tioga Street with the north line of East State Street; running thence easterly along the north line of East State Street to the southeast corner of tax parcel number 70-3-15; running thence northerly along the east line of tax parcel number 70-3-15, being the west line of tax parcel number 70-3-14 to the northwest corner of tax parcel number 70-3-14; running thence easterly along the north line of tax parcel number 70-3-14 approximately 8' to a point in the east line of tax parcel number 70-3-15; running thence northerly along the east line of tax parcel number 70-3-15 to a point in the south line of tax parcel number 70-3-16; running thence easterly along the south line of tax parcel number 70-3-16 to the southeast corner thereof; running thence northerly approximately 16.36', easterly approximately 8', northerly approximately 10.5', westerly approximately 7.68' and northerly approximately .5' all along the east line of tax parcel number 70-3-16 to a point in the south line of tax parcel number 70-3-17, said point being the northwest corner of tax parcel number 70-3-13; running thence easterly along the north line of tax parcel number 70-3-13 to the northeast March 4, 1992 10 corner thereof, being a point in the west line of tax parcel number 70-3-18; running thence northerly along the west line of tax parcel number 70-3-18 to the northwest corner thereof, being the southwest corner of tax parcel number 70-3-2; running thence northerly along the west line of tax parcel number 70-3-2 to the northwest corner thereof; continuing thence northerly to the center line of East Seneca Street; running thence westerly along the center line of West Seneca Street to the intersection of the center line of West Seneca Street with the center line of North Tioga Street; running thence northerly along the center line of North Tioga Street approximately 136' to a point; running thence westerly to the northeast corner of tax parcel number 61-5-8, being the southeast corner of tax parcel number 61-5-7; running thence westerly along the north line of tax parcel number 61-5-8 to the northwest corner thereof, being a point in the east line of parcel 61-5-9; running thence northerly along the east line of parcel 61-5-9 to the northeast corner thereof; running thence westerly along the north line of tax parcel number 61-5-9 to the northwest corner thereof; running thence southerly approximately 22' to the northeast corner of tax parcel number 61-5-10; running thence westerly along the northerly line of tax parcel number 61- 5-10 to the northwest corner thereof; running thence northerly along the east line of tax parcel number 61-5-11 to the northeast corner thereof; running thence westerly along the north line of tax parcel number 61-5-11 approximately 67.5' to a point in the east line of tax parcel number 61-5-2; running thence southerly approximately 14.8' to the southeast corner of tax parcel number 61-5-2; running thence westerly approximately 66' to the northwest corner of tax parcel number 61-5-12; running thence southerly along the west line of tax parcel number 61-5-12 to the southwest corner thereof; continuing thence across East Seneca Street to the northwest corner of tax parcel number 70-2-5; continuing thence southerly along the west line of tax parcel number 70-2-5 to the southwest corner thereof; running thence easterly along the south line of tax parcel number 70-2-5 to the southeast corner thereof, being the southwest corner of tax parcel number 70-2-6; running thence easterly along the south line of tax parcel number 70-2-6 to the southeast corner thereof, being a point in the west line of tax parcel number 70-2-7; running thence southerly along the west line of tax parcel number 70-2-7 to the southwest corner thereof; running thence easterly along the south line of tax parcel number 70-2-7 to the southeast corner thereof, being the southwest corner of tax parcel number 70-2-8; running thence easterly along the south line of tax parcel number 70-2-8 to the southeast corner thereof, being a point in the west line of tax parcel number 70-2- 23; running thence southerly along the west line of tax parcel number 70-2-23 to the southwest corner thereof; running thence easterly along the south line of tax parcel number 70-2-23 to the southeast corner thereof, being the northwest corner of tax parcel number 70-2-21; running thence easterly along the north line of tax parcel number 70-2-21 to the northeast corner thereof; running thence southerly along the east line of tax parcel number 70-2-21 to the northwest corner of tax parcel number 70-2-13; running thence easterly along the north line of tax parcel number 70-2-13 to the northeast corner thereof; continuing thence easterly to the center line of North Tioga Street; running thence southerly along the center line of North Tioga Street to the point or place of beginning. Section 4. Chapter 30, Section 30.22 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following area from B-3 and B-2C as appropriate to CBD 100: All that tract or parcel of land more particularly bounded and described as follows: Beginning at a point at the March 4, 1992 11 intersection of the center line of South Cayuga Street with the north line of Clinton Street; running thence easterly along the north line of East Clinton Street approximately 168' to the northwest bank of Six Mile Creek; running thence in a northeasterly direction along the northwest bank of Six Mile Creek to the southeast corner of tax parcel number 70-8-11; running thence northerly along the east line of tax parcel number 70-8-11 to the south line of East Green Street; running thence westerly along the south line of East Green Street and the south line of West Green Street to the northeast corner of tax parcel number 70- 7-3; running thence southerly along the east line of tax parcel number 70-7-3 to the southeast corner thereof, being a point in the north line of tax parcel number 80-10-12; running thence easterly along the north line of tax parcel number 80-10-12 to the northeast corner thereof; running thence southerly along the east line of tax parcel number 80-10-12 to the northeast corner of tax parcel number 80-10-1; running thence southerly along the east line of tax parcel number 80-10-2 to the southeast corner thereof; running thence southerly along the east line of tax parcel number 80-10-3 to the southeast corner thereof; running thence westerly approximately 10.7' along the south line of tax parcel number 80- 10-3, being the northerly line of tax parcel number 81-1-11 to the northeast corner of tax parcel number 80-10-5; running thence southerly along the east line of tax parcel number 80-10-5 and the east line of tax parcel number 80-10-9, being the west line of tax parcel number 81-1-11 to the north line of West Clinton Street; running thence easterly along the north line of West Clinton Street to the point or place of beginning. Section 5. Chapter 30, Section 30.22 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following area from B-1a to B-1b: All that portion of the following tract or parcel of land which is currently zoned B-1a: Beginning at the intersection of the center lines of East Court Street and North Tioga Street; running thence southerly along the center line of North Tioga Street to the center line of East Buffalo Street; running thence easterly along the center line of East Buffalo Street to the center line of North Aurora Street; running thence northerly along the center line of North Aurora Street to the center line of East Court Street; running thence westerly along the center line of East Court Street to the point or place of beginning. Section 6. Chapter 30, Section 30.22 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following area from B-2a to B-2c: All that tract or parcel of land more particularly bounded and described as follows: Beginning at a point in the west line of North Geneva Street, said point of beginning being located 75' southerly from the south line of West Seneca Street; running thence westerly parallel with and 75' south of the south line of West Seneca Street to a point located 60' east of the east line of North Meadow Street, said point being located 93' east of the center line of North Meadow Street; running thence southerly parallel with and 93' east of the center line of North Meadow Street to a point located 75' northerly of the north line of West Green Street; running thence easterly parallel with and 75' northerly of the north line of West Green Street to the west line of South Geneva Street; running thence northerly along the west line of North Geneva Street to the point or place of beginning. March 4, 1992 12 Section 7. Chapter 30, Section 30.22 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following area from B-2a to B-2d: All that tract or parcel of land more particularly bounded and described as follows: Beginning at a point in the west line of North Geneva Street, said point of beginning being located 75' southerly from the south line of West Seneca Street; running thence westerly parallel with and 75' south of the south line of West Seneca Street to a point located 60' east of the east line of North Meadow Street, said point being located 93' east of the center line of North Meadow Street; running thence northerly parallel with and 93' east of the center line of North Meadow Street to the south line of West Seneca Street; running thence easterly along the south line of West Seneca Street to the west line of North Geneva Street; running thence southerly along the west line of North Geneva Street to the point or place of beginning; Together with all that tract or parcel of land more particularly bounded and described as follows: Beginning at the intersection of the north line of West Green Street with the west line of South Geneva Street; running thence westerly along the north line of West Green Street to a point located 60' east of the east line of North Meadow Street, said point being located 93' east of the center line of North Meadow Street; running thence northerly parallel with and 93' feet east of the center line of North Meadow Street 75' to a point; running thence easterly parallel with and 75' north of the north line of West Green Street to the west line of South Geneva Street; running thence southerly along the west line of South Geneva Street to the point or place of beginning. Section 8. Chapter 30, Section 30.25(A) of the Municipal Code of the City of Ithaca is hereby amended to correct the numbering of Section A, Column 14, as follows: Section A, Column 14: Yard dimensions. Rear yard is amended to read: "Columns 14 and 15: Yard dimensions. Rear yard." Section 9. Chapter 30, Section 30.25(A) of the Municipal Code of the City of Ithaca is hereby amended to add a new Column 16 regarding minimum height of buildings to read as follows: Column 16: Minimum Height of Building. "Height in feet." Buildings hereafter erected shall have a minimum height as specified herein. Section 10. Chapter 30, Section 30.25 of the Municipal Code of the City of Ithaca is hereby amended to establish district regulations for the new CBD 60 district as follows: Column 2: Permitted primary uses: Any use permitted in a B- 2 district. Column 3: Permitted accessory uses: Any accessory use permitted in a B-2 district. Column 4: Off-street parking requirement: None. Column 5: Off-street loading requirement: Same as B-2. Column 6: Minimum lot size: Area in square feet: No minimum lot size. Column 7: Minimum lot size: Width in feet at street line: March 4, 1992 13 ten (10). Column 8: Maximum height of building: Number of stories: None. Column 9: Maximum height of building: Height in feet: Sixty (60). Column 10: Maximum percentage of lot covered by buildings: one hundred (100) percent except as required for rear yard. Column 11: Yard dimensions, front, required minimum: None. Column 12: Yard dimensions, side, one side at least: None. Column 13: Yard dimensions, side, other at least: None. Column 14: Yard dimensions, rear, percent of depth: See Column 15. Column 15: Yard dimensions, rear, maximum required feet: ten (10) minimum. Column 16: Minimum building height: twenty-five (25) feet. Section 11. Chapter 30, Section 30.25 of the Municipal Code of the City of Ithaca is hereby amended to establish district regulations for the new CBD 85 district as follows: Column 2: Permitted primary uses: Any use permitted in a B- 2 district. Column 3: Permitted accessory uses: Any accessory use permitted in a B-2 district. Column 4: Off-street parking requirement: None. Column 5: Off-street loading requirement: Same as B-2. Column 6: Minimum lot size: Area in square feet: No minimum lot size. Column 7: Minimum lot size: Width in feet at street line: ten (10). Column 8: Maximum height of building: Number of stories: None. Column 9: Maximum height of building: Height in feet: Eighty-five (85). Column 10: Maximum percentage of lot covered by buildings: one hundred (100) percent except as required for rear yard. Column 11: Yard dimensions, front, required minimum: None. Column 12: Yard dimensions, side, one side at least: None. Column 13: Yard dimensions, side, other at least: None. Column 14: Yard dimensions, rear, percent of depth: See Column 15. Column 15: Yard dimensions, rear, maximum required feet: ten (10) minimum. March 4, 1992 14 Column 16: Minimum building height: twenty-five (25) feet. Section 12. Chapter 30, Section 30.25 of the Municipal Code of the City of Ithaca is hereby amended to establish district regulations for the new CBD 100 district as follows: Column 2: Permitted primary uses: Any use permitted in a B- 2 district. Column 3: Permitted accessory uses: Any accessory use permitted in a B-2 district. Column 4: Off-street parking requirement: None. Column 5: Off-street loading requirement: Same as B-2. Column 6: Minimum lot size: Area in square feet: No minimum lot size. Column 7: Minimum lot size: Width in feet at street line: ten (10). Column 8: Maximum height of building: Number of stories: None. Column 9: Maximum height of building: Height in feet: One hundred (100). Column 10: Maximum percentage of lot covered by buildings: one hundred (100) percent except as required for rear yard. Column 11: Yard dimensions, front, required minimum: None. Column 12: Yard dimensions, side, one side at least: None. Column 13: Yard dimensions, side, other at least: None. Column 14: Yard dimensions, rear, percent of depth: See Column 15. Column 15: Yard dimensions, rear, maximum required feet: ten (10) minimum. Section 13. Chapter 30, Section 30.25 of the Municipal Code of the City of Ithaca is hereby amended to amend the district regulations for the B-1b district as follows: Column 9: Maximum height of building: Height in feet: Fifty (50) feet. Column 16: Minimum building height: twenty-five (25) feet. Section 14. Chapter 30, Section 30.25 of the Municipal Code of the City of Ithaca is hereby amended to amend the district regulations for the B-2c district as follows: Column 4: Off-street parking requirement: None. Column 5: Off-street loading requirement: None. Column 6: Minimum lot size, area in square feet: No minimum lot size. Column 7: Minimum lot size: Width in feet at street line: twenty-five (25). March 4, 1992 15 Column 8: Maximum height of building: Number of stories: None. Column 9: Maximum height of building: Height in feet: Fifty (50) feet. Column 10: Maximum percentage of lot covered by buildings: Eighty-five (85) percent except as required for rear yard, or side yard. Column 11: Yard dimensions, front, required minimum: None. Column 12: Yard dimensions, side, one side at least: Ten (10) feet. Column 13: Yard dimensions, side, other at least: None. Column 14: Yard dimensions, rear, percent of depth: Fifteen (15) percent. Column 15: Yard dimensions, rear, maximum required feet: twenty (20) feet. Column 16: Minimum building height: Twenty-five (25) feet. Section 15. Chapter 30, Section 30.25 of the Municipal Code of the City of Ithaca is hereby amended to amend the district regulations for the new B-2d district as follows: Column 2: Permitted primary uses: 1. Any use permitted in a B-1 district. 2. Retail store or service commercial facility. 3. Confectionery, millinery, dressmaking and other activities including light hand fabrication as well as sales. Column 3: Permitted accessory uses: Any accessory use permitted in a B-1 district. Column 4: Off-street parking requirement: None. Column 5: Off-street loading requirement: 1. Same as B-1. 2. Retail store: one (1) space for each use for 3,000 to 10,000 square feet of floor space, plus one space for each additional 15,000 square feet or major fraction thereof of floor space in single occupancy. 3. Maximum required: four (4) spaces for any single occupancy. 4. Other uses: See Section 30.38. Column 6: Minimum lot size: Area in square feet: 3,000 square feet. Column 7: Minimum lot size: Width in feet at street line: forty (40) feet. Column 8: Maximum height of building: Number of stories: March 4, 1992 16 None. Column 9: Maximum height of building: Height in feet: Forty (40) feet. Column 10: Maximum percentage of lot coverage by buildings: seventy-five (75) percent. Column 11: Yard dimensions, front, required minimum: Ten (10). Column 12: Yard dimensions, side, one side at least: Ten (10). Column 13: Yard dimensions, side, other at least: Five (5). Column 14: Yard dimensions, rear, percent of depth: Fifteen (15) percent. Column 15: Yard dimensions, rear, maximum required feet: twenty (20) feet. Column 16: Minimum building height: twenty-five (25) feet. Section 16. Chapter 30, Section 30.36 of the Municipal Code of the City of Ithaca entitled "Transition Regulations, subsection a entitled 'Lots in two districts'" is hereby amended to add an additional sentence at the end to read as follows: "Notwithstanding the above, the transition regulations as provided for in this section shall not apply to the B-2d district." Section 17. Chapter 30, Section 30.21 of the Municipal Code of the City of Ithaca entitled "Establishment of Zoning Districts" is hereby amended to eliminate the "B-3 central business" district. Section 18. That the City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 19. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. City Attorney Guttman made a correction on page 8 of the Ordinance (page 13 of the Minutes) as follows: Under Section 12: Add the words "Column 16: Minimum building height: twenty-five (25) feet". Amending Resolution to the Zoning Ordinance By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That in Section 15, Column 4 on page 10 of the Ordinance (page 14 of the Minutes) the word "None" be deleted and the words "Same as B2a except that there shall be no off-street parking requirement for residential use and further provided that there shall be no off-street parking required for any building in which 60% or more of the gross square footage is devoted to residential use" be added. Extensive discussion followed on the floor on the amendment to the March 4, 1992 17 Ordinance. A vote on the amendment to the Ordinance resulted as follows: Ayes (6) - Booth, Johnson, Efroymson, Golder, Hoffman, Berg Nays (4) - Romanowski, Daley, Schroeder, Blanchard Carried Further discussion followed with Alderpersons debating the pros and cons of the rezoning issue for the West State Street/CBD area. Main Motion A vote on the Main Motion to call for a Public Hearing resulted as follows: Ayes (7) - Blanchard, Romanowski, Efroymson, Daley, Hoffman, Berg, Schroeder Nays (3) - Booth, Golder, Johnson Carried Recess Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:20 p.m. Proposed Ithaca Urban Area Metropolitan Planning Organization - Report Alderperson Schroeder stated that the City is going to have to join with other municipalities in a new organization called the Metropolitan Planning Organization. This results from the new transportation act that was passed by the Federal government recently that allocates $151 billion to urbanized areas in the United States. He stated that after the last census, it turns out that the City of Ithaca in conjunction with surrounding urbanized crews is now an official urbanized area, which makes us eligible to receive these funds after we have established a Metropolitan Planning Organization. He explained further how the organization would be structured and how it would operate. CHARTER AND ORDINANCE COMMITTEE: * 15.1 Simeon's Restaurant Outdoor Dining Permit By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, in 1987, 1988, 1989, 1990, and 1991 the City of Ithaca issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, for the year 1992, that Common Council hereby approves a March 4, 1992 18 revocable license agreement for the outdoor sale and consumption of alcohol between the City and Simeon's Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefor, including minimum Dram Shop coverage in the amount of $500,000.00 and Commons Advisory Board approval for outdoor dining permits. Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Schroeder, Golder, Hoffman, Berg Nay (1) - Booth Carried * 15.2 American Community Cablevision Franchise By Alderperson Hoffman: Seconded by Alderperson Romanowski WHEREAS, American Community Cablevision (the "Franchisee") is the holder of a cable television franchise (the "Franchise") for the City of Ithaca, and WHEREAS, the Franchisee is a subsidiary or division of American Television and Communications Corporation ("ATC"), and WHEREAS, ATC is a majority owned subsidiary of Time Warner Inc. ("Time Warner"), a widely held New York Stock Exchange company which has offered to purchase the shares in ATC which it does not own (the "ATC Minority Shares"), and WHEREAS, Time Warner intends to create a new limited partnership entity comprised of the business and assets of its filmed entertainment, programming and cable divisions, which entity shall be known as Time Warner Entertainment Company, L.P. ("TWE"), and WHEREAS, Time Warner will retain majority ownership as well as operating and management control of TWE and will operate TWE as a controlled subsidiary of Time Warner employing the assets of ATC including the Franchise and the Franchisee, and the assets of Warner Cable, Lorimar Telepictures, HBO, and Warner Bros., and WHEREAS, Time Warner intends to offer minority limited partnership interests in TWE to strategic partners in TWE, including Toshiba Corporation and C. Itoh & Co. Ltd, and WHEREAS, ATC will continue to exist as an operating division of TWE, with the existing management structure remaining at both the local and corporate levels and no change is anticipated in the manner in which the business and operations of the Franchisee are conducted, and WHEREAS, the Franchisee will continue to be the grantee of the Franchise as an operating division of TWE and will continue to operate under the Franchise, and WHEREAS, pursuant to Article 23 of the Franchise Agreement, the Franchise cannot be transferred without the prior consent of the City and prior City authorization is required for every change, transfer, and acquisition of control of the Franchisee; now, therefore, be it RESOLVED, That, insofar as it may be necessary or advisable under the Franchise, the transfer of the ATC Minority Shares to Time Warner and the transfer of the Franchise and the cable television system operating pursuant to the Franchise from the Franchisee to TWE (including any necessary transfers through one or more subsidiaries of Time Warner), are hereby authorized and consented March 4, 1992 19 to in all respects. Ayes (7) - Hoffman, Golder, Johnson, Blanchard, Berg, Romanowski, Booth Nays (3) - Daley, Efroymson, Schroeder Carried * 15.3 An Ordinance Amending Subdivision B of Section 26.100 Entitled "Penalties for violation" of Chapter 26 Entitled "Building Code Enforcement" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Johnson ORDINANCE NO. 92- AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDING CODE ENFORCEMENT" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 26 entitled "Building Code Enforcement", subdivision B of Section 26.100 entitled "Penalties for violation" of the City of Ithaca Municipal Code, is hereby amended as follows: S 26.100 Penalties for violation B. Any person who shall fail to comply with a written order of the Building Commissioner within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents, or any other person taking part or assisting in the construction or use of any building or any property who shall knowingly violate any of the applicable provisions of law, or any lawful order, notice, directive, permit or certificate of the Building Commissioner made thereunder shall be punishable by fine of not more than two hundred fifty dollars ($250.00). Each day that a violation continues shall be deemed a separate offense. Section 2. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication and of a notice as provided in the Ithaca City Charter. (Published March 11, 1992) Carried Unanimously * 15.4 An Ordinance Adding Section 26.102 Entitled "Penalties for aggravated violation" of Chapter 26 Entitled "Building Code Enforcement" of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Efroymson ORDINANCE NO. 92- AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDING CODE ENFORCEMENT" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 26 of the City of Ithaca Municipal Building Code entitled "Building Code Enforcement" is hereby amended by adding Section 26.102, entitled "Penalties for aggravated violation" as follows: S 26.102 Penalties for aggravated violation March 4, 1992 20 If any person fails to comply with the written order of the Building Commissioner within the time fixed for compliance therewith, or if any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents or any other person taking part or assisting in the construction or use of any building or any property should knowingly violate any of the applicable provisions of law, or any lawful order, notice, directive, permit or certificate of the Building Commissioner made thereunder and injury occurs to any person or properties as the result of such failure to comply or such violation, the person who failed to comply with the written order of the Building Commissioner or the person who knowingly violated the applicable provision of law or order, notice, directive, permit or certificate of the Building Commissioner shall be guilty of a misdemeanor and shall be punishable by a fine of not more than one thousand ($1,000.00) dollars or imprisonment for not more than one (1) year. For the purpose of establishing the maximum amount of fine that may be assessed, each day that a violation continues shall be deemed a separate offense. Section 2. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication and of a notice as provided in the Ithaca City Charter. (Published March 11, 1992) Carried Unanimously * 15.5 An Ordinance Amending the Code of the City of Ithaca by Adding a New Chapter to be known as Chapter 57 entitled "Sidewalks and Ramps" By Alderperson Hoffman: Seconded by Alderperson Johnson ORDINANCE NO. 92 - An ordinance to amend the code of the City of Ithaca, Chapter 244 thereof, entitled "Streets, Sidewalks, and Public Places" by deletion and repealing Section 244.53 and by adding a new Chapter imposing a duty on owners of property to keep sidewalks and ramps clear of snow, ice and other obstructions. BE IT ORDAINED, by the Common Council of the City of Ithaca as follows: Section 1. That the Code of the City of Ithaca is hereby amended by adding a new Chapter to be known as Chapter 57 entitled "Sidewalks and Ramps" to read as follows: Duty to keep sidewalks and ramps clear of snow, ice and other obstructions. It shall be the duty and responsibility of all persons owning property on a public street to keep the sidewalks surrounding such property substantially clear of snow, ice and other obstructions, including, but not limited to, free-flowing water from drains, ditches and/or downspouts located on such property. The sidewalks shall be cleared of such obstructions within twenty-four (24) hours of when the obstruction initially occurs. For properties that abut the intersection of two streets, the sidewalks which must be kept substantially clear of snow, ice and other obstructions shall include that portion of the sidewalk which runs to the curb line of any street and shall include access ramps located therein. Upon the failure of the owner of such property to clear any such sidewalk or access ramp within twenty-four (24) hours of when the obstruction initially occurs, the sidewalks and/or access ramps may be cleared by employees or agents of the City at the expense of the property owner. In such event, the property owner March 4, 1992 21 will be charged the actual out-of-pocket cost to the City of such work plus an additional fifty (50) percent for overhead and administration charges. Such charge shall be paid to the City within thirty (30) days from the date the bill is sent to the owner. Bills remaining unpaid after such thirty-day period shall accrue a late penalty of twelve (12) percent per annum from the date of the bill or three dollars ($3.00) per month, whichever amount is greater. Any owner of property who shall fail to keep sidewalks and access ramps clear of snow, ice or other obstructions as above provided shall be subject to punishment as provided in Chapter 1, General Provisions, Article I, Penalties. Section II. The Code of the City of Ithaca is hereby amended by deleting and repealing Section 244.53 of Chapter 244, Streets, Sidewalks and Public Places. Section III. Effective date. This ordinance shall become effective August 1, 1992. (Published March 11, 1992) Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: * 16.1 Police Department - Request Funds for Additional SPCA Contract By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Police Department has recommended that the Society for the Prevention of Cruelty to Animals (SPCA) be engaged to pick up and dispose of suspected rabid raccoons and other rabid animals, when called in by Police personnel; now, therefore, be it RESOLVED, That subject to the review of the City Attorney, the Chief of Police be authorized to execute an agreement with the SPCA for a six-month period, at a per incident charge of $21.00, up to an amount not to exceed $2,100, and be it further RESOLVED, That $2,100 be transferred from Unrestricted Contingency to Police Department account A3120-435 for Professional Services, SPCA. Carried Unanimously * 16.2 Planning Department - Request Funds for BT Glass Building Environmental Assessment By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Drop-In Children's Center Client Committee has recommended that an environmental assessment of the B.T. Glass property be performed, to insure that the site is free from any residual contaminants, given its previous use as a service station site; now, therefore, be it RESOLVED, That the Planning Department is hereby authorized to enter into a contract for an environmental assessment of the B.T. Glass property, and be it further RESOLVED, That an amount not to exceed $6,200 be encumbered for said purpose within Capital Project #239 for Tank Removal. Discussion followed on the floor on the need for an environmental assessment of this site. A vote on the resolution resulted as follows: Carried Unanimously * 16.3 Mayor - Appointment of Building Commissioner By Alderperson Booth: Seconded by Alderperson Johnson March 4, 1992 22 RESOLVED, That Richard Eckstrom be appointed to the position of Building Commissioner at an annual salary of $48,674., effective March 1, 1992. Carried Unanimously * 16.4 Attorney - Request to Hire Above Step 1 By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That Genevieve Smith be hired for the Confidential Secretary position in the Attorney's Office at an annual salary of $15,437., that being Step 4 on the 1992 Compensation Plan for confidential employees, effective March 9, 1992. Carried Unanimously * 16.5 Attorney - Appointment of Marriage Officers By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, pursuant to Section 11 of the Domestic Relations Law, the Mayor is authorized to solemnize marriages, and WHEREAS, pursuant to Section 3.6 of the Ithaca City Charter the acting Mayor is authorized to act as Mayor only when the Mayor is unable to perform the duties of his or her office in consequence of sickness or absence from the City or if there shall be a vacancy in the office, and WHEREAS, as a result of the Mayor's schedule, occasions arise when the Mayor is requested to solemnize a marriage but is unable to do so, and WHEREAS, pursuant to Section 11-c of the Domestic Relations Law, Common Council is authorized to appoint one or more marriage officers who shall have the authority to solemnize a marriage; now, therefore, be it RESOLVED, That Barbara Blanchard, Joseph Daley and Dan Hoffman are hereby appointed Marriage Officers for the City of Ithaca, effective immediately, for a term to expire on December 31, 1993, to serve in such capacity without compensation. Carried Unanimously * 16.6 Finance Department/Controller - Request to Amend 1992 Equipment List By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the Clerk's Office is in need of a larger computer for the implementation and storage of the Records Management Inventory for the City, and WHEREAS, the funds for such a computer purchase are available within the budget established for such Records Management Inventory, and WHEREAS, the total estimated cost for the purchase of the computer and related software will not exceed $3,000.; now, therefore, be it RESOLVED, That the 1992 Finance Department Authorized Equipment list be amended as follows: A1315-210 Office Equipment 1-486 Computer $3,000 Carried Unanimously * 16.7 Finance Department/Controller - Request to Approve 1992 Human Services Coalition Contract March 4, 1992 23 By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor be authorized to execute the 1992 Human Services Coalition Contract in the amount of $9,900 in accord with the adopted 1992 City Budget, and be it further RESOLVED, That proposed paragraph #3 pertaining to the funding from other municipalities in the County be deleted from the 1992 Human Services Coalition Contract. Carried Unanimously * 16.8 Finance Department/Chamberlain - Request Change in Assessment By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, an investigation of an error in essential fact, pursuant to Section 554 (4A) of the Real Property Tax Law revealed that a Veteran's exemption of $20,000 for 408 Warren Place in the name of Louise Kordziel was omitted from the 1992 final assessment roll; now, therefore, be it RESOLVED, That the 1992 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map Number 55.-2-2 by $20,000, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes in the Tax Roll and prepare a new tax bill for said property. Carried Unanimously * 16.9 Appropriation of Green Street Parking Lot Repayment By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, G & M Associates is now making regular payments on the Note which financed the sale of the land under the Green Street Parking Ramp to G & M Associates, and WHEREAS, the Downtown Vision Task Force has made a number of recommendations for improvements to the Central Business District which will enhance its appeal as a place to shop and do business, and WHEREAS, the Urban Renewal Agency, the Planning and Development Committee and the Downtown Leadership Revitalization Committee have recommended that these funds be allocated to the revitalization of the Central Business District; now, therefore, be it RESOLVED, That the Common Council will commit the first two years (1991 - 1992) back interest and loan payments less that portion of these funds allocated for the NYSCA match to the implementation of the Downtown Vision Task Force recommendations with the exact mechanism for how these funds are to be expended to be determined at a later date by the Common Council. The amount scheduled to be repaid is $30,169.54* Current Account Balance $17,168.76 Back Interest Payment due 4/1/92 11,894.33 Quarterly Payments 4/1, 7/1, 10/1 5,691.90 Total $34,544.41 Less NYSCA Match 4,375.00 Amount Available $30,169.54 Future Payments: Back Interest Payment Due 4/1/93 $12,531.29 Quarterly Payments Until 1/1999 $1,897.20 Total Annual Payment $7,588.80 Discussion followed on the floor. March 4, 1992 24 A vote on the resolution resulted as follows: Ayes (7) - Romanowski, Blanchard, Berg, Efroymson, Daley, Schroeder, Hoffman Nays (3) - Booth, Johnson, Golder Carried * 16.10 Planning Department - Request Authorization for Bridge Design By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, as a part of Capital Project #242, the Common Council approved the construction of a pedestrian bridge across Six Mile Creek connecting the Court House, Police Department and Terrace Hill with the Woolworth Parking Lot and the rest of the Central Business District, and WHEREAS, it is desirable to insure the highest level of coordination of design, bidding and construction supervision between the new City Court, Police Department renovations and the proposed pedestrian bridge, and WHEREAS, that coordination will most effectively be achieved by retaining the current project architects, Perkins, Eastman and Partners, to prepare a circulation plan from the City Court across Six Mile Creek and prepare a complete design for the bridge including working drawings and bidding documents; now, therefore, be it RESOLVED, That the Mayor be authorized to execute an architectural agreement with Perkins, Eastman and Partners up to an amount not to exceed $7,500 for services related to the complete design and preparation of bid documents and specifications for the pedestrian bridge. Carried Unanimously * 16.11 Audit By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the bills presented, as listed on Audit Abstract 4/1992 in the total amount of $55,207.30 be approved for payment. Carried Unanimously HUMAN SERVICES COMMITTEE: Human Services Coalition - Report Alderperson Johnson reported that we are about to contract with the Human Services Coalition for a 1992 work plan. He handed out a chart showing some of the proposed items that we would like the coalition to do for the City. He asked that if any Council members have other suggestions to let him know. He also brought Council up-to-date on the search for a Human Services Coalition Director. Red Cross Food Drive Alderperson Blanchard reported that there will be a Red Cross food drive this coming weekend (March 7 and 8) for the Red Cross shelters. "Pennies for the Homeless and Hungry of Tompkins County" Alderperson Blanchard reported that there will a program called "Pennies for the Homeless and Hungry of Tompkins County" being launched this week and lasting through the month of March. She stated that containers will be put out in public places to receive money. She said that this money will be used to replenish a fund which is managed by the Homeless Task Force. March 4, 1992 25 INTERGOVERNMENTAL RELATIONS COMMITTEE: * 18.1 Designation of Lead Agency Status for Environmental Review By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, State Law and Section 36.6 of the City Code require that a lead agency be established for conducting environmental reviews of projects in accordance with local and state environmental law, and WHEREAS, the proposed disposition of the Strand Theater is a Type I action that requires review under the City's Environmental Quality Review Ordinance and may require review under the State Environmental Quality Review Act and the National Environmental Policy Act; now, therefore, be it RESOLVED, That the Common Council declares its intent to designate itself lead agency for the environmental review of the disposition of the Strand Theater unless written objection is made by another involved agency within thirty days of notification, in which case the matter will be referred for decision to the Commissioner of the Department of Environmental Conservation. Carried Unanimously UNFINISHED AND MISCELLANEOUS BUSINESS: * 20.1 Gross Utility Tax By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, at its regularly scheduled meeting on October 2, 1991, Common Council passed a resolution requesting Assemblyman Martin Luster and Senator James Seward to develop and strongly support appropriate legislation to amend Section 20-b of the General City Law to include the City of Ithaca among the cities which have the authority to levy a tax on the furnishing of utility services in an amount that does not exceed three percentum of gross operating income and authorizing the Mayor and the City Attorney to take all appropriate steps to facilitate the adoption of such legislation; and WHEREAS, the City has been advised that the Assembly and the Senate need a Home Rule Request based on a Council resolution passed in 1992, the year in which the bill is being introduced; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to submit the appropriate Home Rule Request to Assemblyman Martin Luster and Senator James L. Seward. Ayes (8) - Booth, Berg, Hoffman, Johnson, Golder, Efroymson, Daley, Schroeder Nays (2) - Romanowski, Blanchard Carried ADJOURNMENT: On a motion the meeting adjourned at 10:20 p.m. ----------------------- -------------------------- Callista F. Paolangeli Benjamin Nichols City Clerk Mayor