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HomeMy WebLinkAboutMN-CC-1992-04-01 CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. April 1, 1992 PRESENT: Mayor Nichols (arrived at 7:25 P.M.) Alderpersons - Booth, Blanchard, Schroeder, Romanowski, Efroymson, Hoffman, Berg, Johnson, Daley, Golder In the absence of Mayor Nichols, Acting Mayor Hoffman opened the meeting. OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Guttman Director, Planning & Development - Van Cort Deputy Director, Planning & Development - Sieverding Police Chief - McEwen Personnel Administrator - Saul Building Commissioner - Eckstrom Fire Chief - Olmstead Superintendent of Public Works - Gray City Chamberlain - Parsons Youth Bureau Director - Cohen Board of Public Works Commissioners - Reeves Board of Representatives - Lerner Community Development Director - Norton Historic Preservation/Neighborhood Planner - Chatterton PLEDGE OF ALLEGIANCE: Alderperson Hoffman led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the Minutes of the March 4, 1992 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the March 4, 1992 Common Council Meeting be approved with the corrections as noted by Alderperson Schroeder and the following change to the West State Street Zoning Amending Resolution at the top of page 7, as requested by Alderperson Hoffman: Amending Resolution 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, and the mitigation measures listed in the memo dated February 26, 1992 (which are 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 listed in the memo dated February 26, 1992 and attached to the LEAF, and be it further... The Minutes were approved with the corrections and changes as noted. ADDITIONS TO THE AGENDA: Alderperson Schroeder requested that a public hearing for the Community Development Block Grant application be held as it was advertised, although not placed on the agenda. No Alderperson objected. April 1, 1992 2 SPECIAL ORDER OF BUSINESS: Public Hearing to Consider 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 Resolution to Open Public Hearing By Alderperson Berg: Seconded by Alderperson Efroymson RESOLVED, That the Public Hearing to consider 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 declared open. Carried Unanimously Alderperson Schroeder gave a brief explanation of the zoning changes. The following people spoke at the Public Hearing: Tracy Farrell, 429 West Buffalo Street, was in favor of the zoning changes but asked Council to make every effort to 1) maintain the residential side of Seneca and Green Street, 2) avoid widening the commercial zone on the east side of Meadow Street, 3) re-evaluate the situation and reinstitute a parking requirement if the situation gets out of hand. Susan Blumenthal, Coordinator of the Downtown Revitalization Leadership Committee and former Chair of Downtown Visions Task Force, asked Council to approve this zoning change. Pat Frantz, 433 West Buffalo Street, spoke in favor of the rezoning and asked Council to consider not only the affordability but the liveability of the downtown area. She is concerned about encroachment problems in this area. Resolution to Close Public Hearing By Alderperson Romanowski: Seconded by Alderperson Berg RESOLVED, That the Public Hearing to consider 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 declared closed. Carried Unanimously Public Hearing to Consider the Community Development Block Grant Application Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Efroymson RESOLVED, that the Public Hearing to Consider the Community Development Block Grant Application be declared open. Carried Unanimously Community Development Coordinator Trish Norton explained components of the project. Mr. Timothy T. Terpening read a prepared statement regarding the 1992 Community Development Block Grant Application and several other concerns. (Mayor Nichols arrived at the meeting at 7:25 P.M. and chaired the remainder of the meeting.) Betsy Darlington, Chair, Conservation Advisory Council expressed strong reservations regarding the West End Housing Project April 1, 1992 3 component. Resolution to Close Public Hearing By Alderperson Berg: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider the Community Development Block Grant Application be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Board of Zoning Appeals Mayor Nichols requested Council approval for the appointment of David Lyons, 309 Mitchell Street, to the Board of Zoning Appeals with a term to expire December 31, 1993. Resolution By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED that this Council approves the appointment of David Lyons to the Board of Zoning Appeals with a term to expire December 31, 1993. Carried Unanimously Conservation Advisory Council Mayor Nichols requested Council approval for the appointment of Peter McDonald of 1110 North Tioga Street to the Conservation Advisory Council with a term to expire December 31, 1993. Resolution By Alderperson Johnson: Seconded by Alderperson Hoffman RESOLVED that this Council approves the appointment of Peter McDonald to the Conservation Advisory Council with a term to expire December 31, 1993. Carried Unanimously Mr. McDonald took the Oath of Office and was sworn in by City Clerk Paolangeli. COMMUNICATIONS: One-to-One Program John Bailey, Coordinator of the Youth Bureau One-to-One program, spoke to Council on the various aspects of the program. Mayor Nichols has declared the week of April 27, 1992, One-to-One Friendship Week. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Municipal Pool The following individuals spoke in favor of the Municipal Pool Project: Jennie Meyer, 909 North Cayuga Street Amanda McGuire and Jennifer McGuire Suzanne Davis, President of GIAC Board of Directors Sue Perlgut, Vice President, GIAC Board of Directors Bill Seldin, Member of Board of GIAC Directors Nina Fort, daughter of Marcia Fort, Director, GIAC Michael Shear, Pool Supervisor at GIAC Lynn Saulsbury, Landmark Square Diane Sams, GIAC Board Member Tony Poole, Director, Southside Community Center Vincent Mulcahey, 3 Fountain Place Barbara Wilcox, GIAC employee Clayton Hamilton Marie Brown, 109 Eastern Heights Drive April 1, 1992 4 Redistricting The following individuals spoke regarding the redistricting issue: Pam Mackesey, 311 Pleasant Street Raymond Schlather, Sunrise Road Diane Sherman, President, South Hill Civic Association Suzanne Davis, President, GIAC Board of Directors Vincent Mulcahey, 3 Fountain Place Helen Johnson, 417 Hook Place, speaking for the Executive Board of the West Hill Civic Assoc. Rosalind Grippe, 423 E. Seneca Street Tony Poole, Director, Southside Community Center Cascadilla Boathouse Martha Preston, Chair of Ithaca Landmarks Preservation Committee addressed Council in favor of the EQBA grant for restoration of the boathouse. Vincent Mulcahey, 3 Fountain Place, spoke in favor of restoration of the boathouse. Solid Waste Fees Mark Finkelstein, 210 Lake Street, asked that the City examine their solid waste fee structure and look for alternatives. RESPONSE TO THE PUBLIC: Alderperson Romanowski responded to the comments that were made concerning redistricting. Alderperson Booth responded to the comments made concerning solid waste fees. Alderperson Golder thanked those in attendance for coming to the meeting. REPORT OF THE BOARD OF REPRESENTATIVES: Eric Lerner, 1st Ward Representative, reported to Council on the following items: Solid Waste Management Plan The County Solid Waste staff and Solid Waste Advisory Committee are continuing to work on the State-mandated County Solid Waste Management Plan. The plan will be voted on within the next month, then submitted to the DEC for State approval. There will be public information meetings on April 6 and April 8, 1992. DR7 Landfill The EPA has now requested that the Army Corps of Engineers take another look at the situation because of an appeal filed by the Town of Dryden. Redistricting Alderperson Golder asked how the County is proceeding on this matter and how this would effect the City's deadlines. Mr. Lerner replied that the County would probably need a definite recommendation from the City by May 1, 1992. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to Council on the following items: Street Repairs - Some minor repairs have been made to Seneca Way and a portion of Green Street. The DoT has advised the City that we are on their priority list for 1993. Clean-up Week - Crews are continuing to pick up materials. Many April 1, 1992 5 residents exceeded the 400-pound limit causing delays in the schedule. Four additional trucks have been rented to speed up the process. A further report on progress and costs is forthcoming. Neighborhood Parking and Traffic Concerns - The Board of Public Works will be looking at several intersections at their meeting on April 8, 1992. Commissioner Reeves will make a presentation at the Council's COW meeting on April 29, 1992. North Cayuga Street Bridge - The Board urges Council to pass Item 18.9 on tonight's agenda. Green Street Parking Ramp - Repairs are ongoing; improved signage is in place for parking and traffic patterns. Commons Repairs - A meeting held to discuss the repairs was well attended by merchants, the contractor, and representatives from the Engineering and Planning Departments. Shuttle Bus to Farmers' Market - Plans are incomplete at this time but a resolution is being prepared. Alderperson Golder asked if improved handicapped accessibility was included in the Commons improvement plans. He was referred to the Superintendent of Public Works for information on this topic. Rental Housing Commission John Efroymson, Council Liaison, reported that the Commission has referred the proposed Security Deposit Ordinance to the Charter & Ordinance Committee for its discussion and comments. CITY CONTROLLER'S REPORT: Controller Dominick Cafferillo explained that he is looking into a specific benefit assessment for solid waste. CITY ATTORNEY'S REPORT: City Attorney Charles Guttman reported that his office has filed charges in City Court involving illegal occupancy and Fire Code violations in several cases. The City has been sued by Mr. Deschere regarding the replacement of an old lead service for water to his house. A motion was granted to dismiss this case on jurisdictional grounds. An Article 78 proceeding was brought by Mr. and Mrs. Arnedoff challenging the decision by the BZA which granted an area variance to Ms. Ching Po for the property she owns at 303 Dryden Road. That matter is scheduled for argument on April 17, 1992 in Supreme Court. BUDGET AND ADMINISTRATION COMMITTEE: * 18.3 Request to Increase Authorization to Capital Project #217 Municipal Pool By Alderperson Booth: Seconded by Alderperson Efroymson WHEREAS, the bids for the Municipal Pool project near GIAC have come in over budget for the second time, and WHEREAS, the total project budget shortfall inclusive of all alternates is $99,594.00; now, therefore, be it RESOLVED, That Capital Project #217 for the construction of the municipal pool and related improvements be hereby increased from $520,000.00 to a maximum cost of $620,000.00, and, be it further RESOLVED, That the additional amount necessary to complete said April 1, 1992 6 project, inclusive of all project supervision and contingencies, be derived from the issuance of $100,000.00 in serial bonds. A lengthy discussion followed regarding the pros and cons of this project. A vote on the Resolution resulted as follows: Ayes (8) - Daley, Berg, Efroymson, Schroeder, Hoffman, Johnson, Golder, Booth Nays (2) - Romanowski, Blanchard Carried PLANNING AND DEVELOPMENT COMMITTEE: * 15.1 1992 Community Development Block Grant By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, Common Council recognizes the need to continue efforts which enhance and preserve residential neighborhoods, promote affordable housing, encourage job creation and retention, and increase the level of public service in the City of Ithaca, and WHEREAS, the program and budget for the proposed Community Development Block Grant application have been reviewed by the Community Advisory Committee, adopted by the Ithaca Urban Renewal Agency/Community Development Agency and endorsed by the Planning and Development Committee of Common Council; now, therefore, be it RESOLVED, That Common Council approve the 1992 Community Development Block Grant $600,000 budget and programs as recommended by the IURA/CDA and the Planning and Development Committee, including $300,000. to House Craft Builders for fourteen affordable homes, $95,000. to Ithaca Neighborhood Housing to expand their affordable rental program, $100,000. to Community Home Health Care to create 20 new jobs, $25,000. to GIAC for a Community Enterprise Training Program, and $80,000. for program administration, and, be it further RESOLVED, That the Mayor be and hereby is authorized and directed to sign upon advice of the City Attorney and the Director of Planning and Development any and all instruments necessary to submit the City's 1992 Community Development application to the United States Department of Housing and Urban Development. Discussion followed on the Conservation Advisory Council's objections to the House Craft Builder's component of this project. A vote on the Resolution resulted as follows: Ayes (9) - Daley, Berg, Blanchard, Romanowski, Efroymson, Schroeder, Hoffman, Johnson, Golder Nays (1) - Booth Carried Council recessed at 9:25 P.M. and reconvened at 9:40 P.M. CHARTER AND ORDINANCE COMMITTEE: * 17.1 Redistricting Proposal Alternative F-2 By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLVED, That Common Council of the City of Ithaca hereby endorses in principle the redistricting proposal commonly known as "Alternative F-2" and directs the City Attorney and the Planning Department to prepare an appropriate local law amending the Charter of the City of Ithaca and present this proposed local law for Council review and action. Alderperson Romanowski stated he wished to move Alternative 7-2 as April 1, 1992 7 a Substitute Resolution. Carried Substitute Resolution - Alternative 7-2 By Alderperson Romanowski: Seconded by Alderperson Blanchard RESOLVED, That Common Council of the City of Ithaca hereby endorses in principle the redistricting proposal commonly known as "Alternative 7-2" and directs the City Attorney and the Planning Department to prepare an appropriate local law amending the Charter of the City of Ithaca and present this proposed local law for Council review and action. Discussion followed on the strengths and weaknesses of both resolutions. A vote on the Substitute Resolution (Alternative 7-2) resulted as follows: Ayes (3) - Hoffman, Romanowski, Blanchard Nays (7) - Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Berg Motion Fails Discussion followed on Alternative Plan F-2. Alderpersons Schroeder and Golder put forth a slight modification to plan F-2 and extensive discussion followed on how this modification would affect other wards. Several Alderpersons expressed a desire for minor changes in ward boundaries. Mayor Nichols suggested that Alderperson Schroeder withdraw his suggested modification and the Council vote on Alternative Plan F- 2. The Mayor will write to the County Committee advising them that Council has voted in principle for Plan F-2 but are still debating very minor modifications which will not change the population distribution. Discussion followed on how the concerns of Alderpersons might be addressed. It was suggested that all plans for modifications be submitted to Doug Foster in the Planning Department by April 10, 1992. A vote on the Alternative F-2 Resolution resulted as follows: Ayes (6) - Efroymson, Johnson, Booth, Schroeder, Golder, Berg Nays (4) - Daley, Romanowski, Blanchard, Hoffman Carried PLANNING AND DEVELOPMENT COMMITTEE: * 15.2 Ordinance Amending Chapter 30, Entitled "Zoning" to Change the Zoning Designation of Certain Areas in the City of Ithaca and to Establish Appropriate District Regulations By Alderperson Schroeder: Seconded by Alderperson Romanowski 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 Amendment and as a result modified the original proposal recommends its adoption by the Common Council, and April 1, 1992 8 WHEREAS, the Common Council as lead agency for the environmental review has made a conditioned negative declaration of environmental impact, and WHEREAS, the Common Council has heard and considered comments regarding the proposed rezoning proposals at a public hearing; now, therefore, be it RESOLVED, That Chapter 30 of the City of Ithaca Municipal Code is hereby amended as follows: 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 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 April 1, 1992 9 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 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 April 1, 1992 10 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 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 April 1, 1992 11 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. 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 April 1, 1992 12 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: 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 April 1, 1992 13 (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. 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). April 1, 1992 14 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. Column 16: Minimum building height: twenty-five (25) feet. 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). 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. April 1, 1992 15 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: 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. 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: 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). April 1, 1992 16 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. (Ordinance published April 10, 1992) Discussion followed on the Environmental Review process with Alderperson Schroeder explaining the extensive review that was done in this area. Alderperson Blanchard offering the following Amending Resolution: Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That the following Resolved clause be added after the last Whereas clause: RESOLVED, That because the projected level of development and its anticipated impacts may vary from what actually occurs, Planning Department staff is directed to annually monitor development activity, assess its actual impact and recommend any necessary remedial action. Planning staff will report the results of this analysis to the Planning and Development Committee. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Blanchard, Romanowski, Efroymson, Johnson, Schroeder, Golder, Hoffman, Berg Nays (2) - Booth, Daley Carried * 15.3 Inlet Island Land Use Recommendation Alderperson Schroeder reported that this matter will be referred to the Planning Board for environmental review and for consideration for inclusion in the City's comprehensive plan. This matter will be discussed at the April Committee of the Whole meeting. April 1, 1992 17 * Joint Transit Facility Agreement Implementation Alderperson Blanchard gave a brief report and distributed a lengthy memorandum on this project. Opening day of the Public Transportation Center is September 17, 1992. HUMAN SERVICES COMMITTEE: * 16.1 City's Commitment to Human Service Agencies By Alderperson Johnson: Seconded by Alderperson Daley WHEREAS, the City, families and individuals continue to experience the effects of the current economic crisis, and WHEREAS, this crisis continues to affect low-income families and individuals more severely than others, and WHEREAS, the human services agency portion of the City budget attempts in part to help meet the needs of those families and individuals, and WHEREAS, not providing or reducing needed services in times of crisis to those populations eventually costs more to the City and to the larger society, with increased crime, drug abuse, need for welfare and unemployment benefits, etc., and WHEREAS, the benefits of human service programs cannot be measured in dollars, alone, and WHEREAS, Ithaca prides itself on being a fair and caring community, and WHEREAS, the physical infrastructure of the city does not deteriorate more quickly during economic hard times, while families and individuals do; now, therefore, be it RESOLVED, That funding for human services agencies will be of the highest priority in setting the 1993 City budget, such agencies being those that have been recommended for City funding by the Human Services Coalition as a result of a review conducted by the Coalition on the City's behalf, and, be it further RESOLVED, That in setting the 1993 City budget Common Council shall recognize that funding for said human service agencies is critical for assisting those in need, and, be it further RESOLVED, That in setting the 1993 City budget Common Council shall make every reasonable effort to provide a total amount of funding for said human service agencies for both existing and any new programs considered collectively, that is equal to the total amount of funding committed to those purposes in the 1992 City budget ($149,359). Council does not hereby make any statement regarding potential City funding that may be available to any particular human service agency. Discussion followed on the floor with several Alderpersons making comments. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Golder RESOLVED, That the following changes be made to the resolution: In the second line of the last Resolved clause, delete the words "make every reasonable effort to." In the fourth line of the last Resolved clause, delete the words "that is equal to" and substitute "not less than." April 1, 1992 18 A vote on the Amending Resolution resulted as follows: Ayes (3) - Efroymson, Johnson, Golder Nays (7) - Blanchard, Romanowski, Daley, Booth, Schroeder, Hoffman, Berg Motion Fails Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Booth RESOLVED, that the following change be made to the resolution: In the first "Resolved," the words "of the highest priority" be deleted and substituted with the words "a high priority." A vote on the Amending Resolution resulted as follows: Ayes (5) - Blanchard, Romanowski, Daley, Booth, Hoffman Nays (5) - Golder, Berg, Johnson, Efroymson, Schroeder Mayor Nichols broke the tie by voting Nay. Motion Fails Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Golder RESOLVED, that the following change be made to the resolution: In the last "Resolved," strike the words "equal to" and substitute the words "not less than." A vote on the Amending Resolution resulted as follows: Ayes (3) - Johnson, Efroymson, Golder Nays (7) - Blanchard, Romanowski, Booth, Schroeder, Hoffman, Berg, Daley Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (8) Blanchard, Daley, Efroymson, Johnson, Booth, Golder, Schroeder, Berg Nays (2) Romanowski, Hoffman Carried BUDGET AND ADMINISTRATION COMMITTEE: * 18.1 Finance Dept./Chamberlain - Request to Correct Tax Roll By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, an investigation of errors in essential fact, pursuant to Section 554(4A) of the Real Property Tax Law revealed the following: a.A Veterans exemption of $20,000 for 54 Woodcrest Avenue in the name of Mollie Zall was omitted from the 1992 City Tax Roll; b.The value of 334 Elmira Road in the name of Reuben Weiner, was overstated by $33,299 on the 1991 and the 1992 City Tax Roll due to an error in the listed size of the parcel; and c.A 485B Exemption of $53,275 for 120-22 West State Street in the name of John Novarr was omitted; now, therefore, be it RESOLVED, That the 1991 City Tax roll be amended to reduce the assessment of Tax Map number 118-1-1 by $33,299, and be it further April 1, 1992 19 RESOLVED, That the 1992 City Tax roll be amended to reduce the assessment of Tax Map number 118-1-1 by $33,299, Tax Map number 70-1-10 by $53,275, and Tax Map number 112-2-8 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, prepare new tax bills for said properties, and refund overpayments as required. Carried Unanimously * 18.2 Finance Dept./Chamberlain - Request Extension of County Tax By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1992 taxes until May 29, 1992. Carried Unanimously * 18.4 Youth Bureau - Request for Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Youth Bureau Director has recommended Youth Program Coordinator Karen Anderson for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and WHEREAS, the Youth Bureau Director has provided the Budget and Administration Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Youth Bureau Director's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That Karen Anderson's salary be increased by four (4%) percent to an annual salary of $16,087, effective March 1, 1992, and, be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1992 Youth Bureau budget. A vote on the Resolution resulted as follows: Ayes (5) - Romanowski, Booth, Schroeder, Hoffman, Berg Nays (5) - Golder, Johnson, Efroymson, Blanchard, Daley Mayor Nichols voted Aye breaking the tie Carried * 18.5 Request for Public Hearing on Science Center Project By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, by resolution adopted on July 11, 1990, the Common Council of the City of Ithaca authorized the City Attorney to negotiate and draft a proposed contract with the Science Discovery Center of Tompkins County, Inc. for the transfer of an approximately one acre parcel of land encompassing the westerly one-half of tax parcel 25-2-1; and WHEREAS, by resolution adopted on August 1, 1990, this Council directed the City Clerk of the City of Ithaca to give public notice of the proposed sale of the said premises pursuant to the proposed purchase agreement; and WHEREAS, by resolution adopted on September 5, 1990, this Council determined that the property had an appraised value, if it was zoned as B-4, of $159,000; and that considering that the property April 1, 1992 20 is zoned as P-1, is intended to remain zoned as P-1 and, further considering the deed restrictions which are to be applied to the property, that the full value of the property with such deed and zoning restrictions is $104,000; and WHEREAS, by resolution adopted on September 5, 1990, this Council further authorized the Mayor of the City of Ithaca to enter into a purchase agreement with the Science Discovery Center of Tompkins County, Inc. and WHEREAS, on October 5, 1990 the City of Ithaca and the Science Discovery Center of Tompkins County, Inc. entered into a purchase agreement; and WHEREAS, pursuant to the contract of October 5, 1990, on October 5, 1990 the Science Discovery Center of Tompkins County, Inc. paid to the City of Ithaca a $25,000 deposit and took possession of the premises; and WHEREAS, the contract of October 5, 1990 provided for a closing on or before December 31, 1991 at which time the City of Ithaca would convey to the Science Discovery Center of Tompkins County Inc. the subject premises and the Science Discovery Center of Tompkins County, Inc. would pay to the City the remaining $79,000; and WHEREAS, the Science Discovery Center of Tompkins County, Inc. has requested a delay in the closing; and WHEREAS, the Science Discovery Center of Tompkins County, Inc. is now requesting that the terms regarding the transfer of the property be modified to provide that instead of purchasing the property at this time that the Science Discovery Center of Tompkins County, Inc. enter into a long-term lease of the site with an option to purchase the site; and WHEREAS, the Science Discovery Center of Tompkins County, Inc. has represented to the City that it is an organization exempt from tax under Section 501(c)(3) of the Internal Revenue code; now, therefore, be it RESOLVED, That the City Clerk give public notice of the proposed lease and option to buy of the approximately one acre parcel of land being the westerly one-half of tax parcel number 25-2-1 as set forth in the following notice: PLEASE TAKE NOTICE that the Common Council of the City of Ithaca will, at its regular meeting to be held on May 6, 1992, at 7:00 p.m. in Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, consider a resolution authorizing the Mayor to enter into a lease with an option to purchase for an approximately one-acre parcel of land situate on tax parcel number 25-2-1 to the Science Discovery Center of Tompkins County, Inc. The basic terms of the proposed lease with option to purchase are as follows: 1. The $25,000 non-refundable deposit paid by the Science Discovery Center of Tompkins County, Inc. to the City on October 5, 1990 shall continue to remain the property of the City of Ithaca and the Science Discovery Center of Tompkins County, Inc. waives and releases any claim for the return of those funds. 2. The City of Ithaca shall lease to the Science Discovery Center of Tompkins County, Inc. that tract of parcel of land April 1, 1992 21 situate in the City of Ithaca, County of Tompkins, and State of New York known as the westerly one-half of the "old sewage treatment plant site" being an approximately one-acre parcel of land encompassing the westerly one-half of tax parcel 25-2-1. The premises are more particularly shown on the survey map entitled "Survey of the Pogo Parcel, prepared by T.G. Miller, Inc., dated October 21, 1991." The premises shall be leased (and if subsequently conveyed to the Science Discovery Center of Tompkins County, Inc.) with an easement over the remaining portion of tax parcel 25-2-1 for use as a walkway to the Sciencenter building and together with an easement over the remaining portion of tax parcel 25-2-1 for the use of a portion of the remaining portion of tax parcel 25-2-1 as a parking lot; and subject to an easement over the subject premises, for the benefit of the remaining portion of tax parcel 25-2-1 for access and egress to the parking lot to be located on the remaining portion of tax parcel 25-2-1 and further subject to an easement for the use by the remaining portion of tax parcel 25-2-1 of the parking lot which is to be located on the subject premises. The City of Ithaca shall not be obligated to maintain or construct any parking lot or other parking spaces on the remaining portion of tax parcel 25-2-1. 3. The lease shall commence as of January 1, 1992 and shall run for a period of twenty (20) years. 4. The annual rent shall be the sum of $7,000 which shall be paid in advance with quarterly installments of $1,750 on the 1st day of January, April, July and October of each year. The payments due January 1, 1992 and April 1, 1992 shall be paid at the time of the execution of this lease. 5. The lease shall provide that if by December 31, 1993 the Science Discovery Center of Tompkins County, Inc. has not constructed a Sciencenter on the subject premises and opened the same to the public, the City of Ithaca shall have the right to terminate the lease by paying to the Science Discovery Center of Tompkins County, Inc. the sum of $25,000. 6. The lease shall provide that the premises shall be used for the operation of a Sciencenter and related parking and for no other use without the express written consent of the City of Ithaca. The Science Discovery Center of Tompkins County, Inc. shall not have the right to sell, convey, assign or sublet its interest in the demised premises without the written consent of the City of Ithaca. 7. The lease shall further provide that any buildings constructed on the premises shall not exceed forty (40) feet in height as such as term is currently defined in Section 30.3(B)(47) of the City of Ithaca Municipal Code and that if at any time during the term of the lease after the initial construction of the Sciencenter, there shall be any significant exterior renovations to the buildings on the premises, the plans for such exterior renovations shall be subject to the approval of the City of Ithaca. 8. The lease shall also contain a provision granting to the Sciencenter an option to purchase the subject premises which option may be exercised by the Science Discovery Center of Tompkins County, Inc. at any time during the twenty (20) year term of this lease. The option price shall initially be the sum of $79,000. The option price shall decrease with each quarterly rental payment. The amount that the option price shall decrease with each rental payment shall be equal to the amount that would be applied to principal if the Science Discovery Center of Tompkins County, Inc. was paying a $79,000 mortgage with 6.5% April 1, 1992 22 interest, quarterly payments of $1,750. 9. In the event that the Science Discovery Center of Tompkins County, Inc. exercises its option to purchase the subject premises, the City of Ithaca shall convey the premises to the Science Discovery Center of Tompkins County, Inc. by bargain and sale deed and shall, at time of closing, provide to the Science Discovery Center of Tompkins County, Inc. a copy of the aforementioned existing survey of the premises and the abstract of title. The deed shall contain the following provisions: A. If, by December 31, 1993, the Science Discovery Center of Tompkins County, Inc. has not constructed a Sciencenter on the subject premises and opened the same to the public, the City of Ithaca shall have the option of reacquiring the subject premises for the price of $104,000. B. If during a period of fifty (50) years from January 1, 1992, the Science Discovery Center of Tompkins County, Inc. intends to sell the premises, the Science Discovery Center of Tompkins County, Inc. shall first offer the subject premises to the City of Ithaca for the then-appraised value of the property including any improvements located thereon. The procedure for this would be that the Science Discovery Center of Tompkins County, Inc. would notify the City of Ithaca of its intention to sell the property. The City of Ithaca would then have the right, within a 45 day period after receiving such notification, to notify the Science Discovery Center of Tompkins County, Inc. that it wished to have the property appraised. The Science Discovery Center of Tompkins County, Inc. and the City would then agree on an appraiser to appraise the property. In the event the parties were unable to agree on such an appraiser, that issue would be resolved by arbitration. The cost of the appraisal would be split equally between the Science Discovery Center of Tompkins County, Inc. and the City of Ithaca. Within 45 days after the appraisal was completed, the City of Ithaca would have the option of purchasing the property for the then-appraised value. If the City of Ithaca notifies the Science Discovery Center of Tompkins County, Inc. that it wished to exercise such option, the parties would immediately enter into an agreement for the City of Ithaca to purchase the property at that price with the closing to take place within three months after the signing of the contract. If the City of Ithaca notifies the Science Discovery Center of Tompkins County, Inc. that it wished to have such an appraisal done but did not exercise its option to purchase the property for the then-appraised value and the Science Discovery Center of Tompkins County, Inc. thereafter received a bonafide offer to purchase the property which the Science Discovery Center of Tompkins County, Inc. intended to accept, the City would have the right of first refusal to acquire the property under the terms of that offer. The City would have 45 days after receipt by the City of a copy of said bonafide offer and notice that the Science Discovery Center of Tompkins County, Inc. intended to accept said offer to exercise its right of first refusal. If the Science Discovery Center of Tompkins County, Inc. advised the City that it intended to sell the property and the City chose not to have the property appraised (with the City being responsible for one-half the cost of the appraisal) then the City's right of first refusal would automatically be deemed waived. C. If, during a period of fifty (50) years from January 1, 1992, the Science Discovery Center of Tompkins County, Inc. sold the premises and did not immediately open a new comparable Sciencenter at some other location within the City of Ithaca, the City of Ithaca would have the option of purchasing the subject premises at the then-appraised value of the land alone, April 1, 1992 23 excluding any improvements which would have been placed on the premises. The value of the land would be determined by an appraisal as above provided. In determining whether a new Sciencenter was a comparable Sciencenter the following factors would be considered: 1) the comparative sizes of the Sciencenter on the subject premises and the new Sciencenter; 2) the comparative scope of activity of the Sciencenter on the subject premises and the new Sciencenter; 3) the activities actually undertaken by the Sciencenter on the subject premises and the new Sciencenter; 4) the value of the improvements of the subject premises and the value of the improvements to be used for the new Sciencenter; and 5) whether the new Sciencenter was the primary location of the Sciencenter as opposed to a satellite Sciencenter. D. Any buildings constructed on the subject premises shall not exceed forty (40) feet in height as such terms are currently defined in Section 30.3(B)(47) of the City of Ithaca Municipal Code. E. If during a period of fifty (50) years from January 1, 1992, at any time after the construction of the Sciencenter, there should be any significant exterior renovations to the buildings on the premises, the plans for such exterior renovations shall be subject to the approval of the City of Ithaca. 10. During the term of the lease, the Science Discovery Center of Tompkins County, Inc. shall at all times maintain one million dollars ($1,000,000.00) of liability insurance naming the City of Ithaca as an additional insured. The lease shall further provide that the Science and Discovery Center of Tompkins County, Inc. shall indemnify and hold the City of Ithaca harmless from any liability arising out of the Science and Discovery Center of Tompkins County, Inc.'s use and occupation of the premises. Alderperson Booth explained that this Resolution will change the nature of the agreement with the Sciencenter from a purchase to a 20 year lease in which the Sciencenter would pay a 6 1/2 % interest rate. Alderperson Hoffman stated that he would prefer that the City sell this land because he does not want the City to be a custodian of a special use building if the Sciencenter does not succeed. He further stated that if the City was to pursue the long term payment scheme, he would prefer that the length of the agreement be decreased from 20 years to 10 years. A vote on the Resolution resulted as follows: Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Berg Nays (1) - Hoffman Carried *18.6 City Attorney - Request for Settlement Fees on Properties By Alderperson Booth: Seconded Alderperson Johnson RESOLVED, That the existing owners be permitted to redeem the April 1, 1992 24 properties at 426-432 North Aurora Street and 107 Fayette Street, up to the date of auction, for the total lien amount outstanding, plus additional interest penalty and related costs computed through the date of redemption. City Attorney Guttman stated, for the record, that the City does have figures, as of today, for both of the properties. The original lien for 107 Fayette Street was $1,300. After the 45% calculated interest, redemption advertising, sub-search, and City staff administrative fees, the lien is now $2,347.00. The original lien for the Aurora Street property was $7,545.00. After the 45% calculated interest, redemption advertising, sub-search, and City staff administrative fees, the lien is now over $11,000. A vote on the Resolution resulted as follows: Carried Unanimously *18.7 Fire Department - Request to Amend Equipment List By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the 1992 authorized equipment list for the Fire Department be amended to include the following: A. Two (2) combustible/hazardous Vapor Detectors with software and accessories for an amount not to exceed $3,626. B. Two (2) Communication Interface Modules for Motorola Portable Radios, for an amount not to exceed $1,230. and, be it further RESOLVED, That $4,856. be transferred from account A3410-460, Program Supplies to account A3410-225, Other Equipment to fund the acquisition of said equipment within the 1992 Fire Department Budget. Carried Unanimously *18.8 Planning Dept. - Request Authorization to Apply for Environmental Quality Bond Act Funds Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That H. Matthys Van Cort, as Director of Planning and Development, is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision on Title 9 of the Environmental Quality Bond Act of 1986, in an amount not to exceed $49,560., and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Municipality for the Cascadilla Boathouse project (and a covenant to the deed of the assisted property for a term of not more than 23 years), and, be it further RESOLVED, That the required City matching share of $49,560. shall be transferred to a capital project for this purpose, contingent upon final approval and receipt of said grant funds, and, be it further RESOLVED, That the City share of $49,560. shall be derived from the issuance of serial bonds, and be it further RESOLVED, That a capital project be established for an amount not to exceed $100,000., subject to the conditions disclosed herein. April 1, 1992 25 Extensive discussion followed on the floor regarding the merits of the project and funding. Ayes (7) Daley, Johnson, Booth, Romanowski, Schroeder, Hoffman, Berg Nays (2) Blanchard, Golder Abstention (1) Efroymson Carried April 1, 1992 26 Motion to Extend Meeting Until 11:45 P.M. By Alderperson Romanowski: Seconded by Alderperson Blanchard RESOLVED, that Council extend the time of adjournment of this meeting until 11:45 P.M. Carried Unanimously * 18.9 DPW - Request for Ithaca Transit Operating Assistance Funds By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to provide operating assistance funds for transportation services within the City of Ithaca and partly in two adjoining municipalities, provided by the City of Ithaca Transit system for fixed route, scheduled, open and available to the general public during the period January 1, 1992 to December 31, 1992 (PIN 3791.33.406); now, therefore, be it RESOLVED, that Benjamin Nichols be authorized to sign the Agreement between the City of Ithaca and the State of New York for the above-named Project, and be it further RESOLVED, that Benjamin Nichols is authorized to act on behalf of the City of Ithaca to progress and complete the above-named project. Carried Unanimously * 18.10 DPW - Request to Establish Capital Project By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Board of Public Works has recommended that the Golf Course Maintenance Building be reconstructed at a cost of $30,000; now, therefore, be it April 1, 1992 27 RESOLVED that Capital Project #259 be established for the reconstruction of the Golf Course Maintenance Building in an amount not to exceed $30,000., which will be paid for through fees derived from Golf Course activities, and, be it further RESOLVED that the funds required to finance this project shall be derived from the issuance of Bond Anticipation Notes. Ayes (9) - Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Hoffman, Berg Nays (1) - Blanchard Carried * 18.11 Finance/Personnel - Request to Adopt Layoff Agreement By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Mayor be authorized to sign a Memorandum of Understanding between the City and the DPW Unit of Tompkins County Local 855, CSEA, which agreement sets forth an established lay-off procedure. A vote on the Resolution resulted as follows: Ayes (9) - Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Hoffman, Berg Nays (1) - Blanchard Carried * 18.12 DPW - Request to Hire Engineering Aide for Commons Reconstruction Inspection By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Board of Public Works has recommended that because of the current workload of the Engineering Department that an Engineering Aide be hired to perform construction inspection of the Ithaca Commons Reconstruction Project; now, therefore, be it RESOLVED, That Jeffrey Caster be hired as a seasonal full-time Engineering Aide at a cost not to exceed $6,000 for the purposes of construction inspection of the Ithaca Commons Reconstruction Project, and be it further RESOLVED, That said funds will be derived from the existing funds available in Capital Project #243 Ithaca Commons Improvements. Carried Unanimously * 18.13 DPW - Request to Amend Water Treatment Plant Engineering Agreement By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Board of Public Works is committed to completing interim improvements at the Water Treatment Plant, and WHEREAS, the City would like to complete design and proceed with engineering and construction phases, and WHEREAS, staff has recommended the approval of several additional design tasks covering instrumentation, process piping and related system improvements as well as construction phase services; now, therefore, be it RESOLVED, That the Mayor and Superintendent of Public Works be authorized to amend the existing contract with Malcolm Pirnie for design services in a total contract amount not to exceed $80,000, and be it further RESOLVED, That the additional funding will be derived from existing funds in Capital Project #502 Water Supply Improvements. Carried Unanimously April 1, 1992 28 * 18.14 DPW - Request to Amend Green Street Parking Ramp Engineering Agreement By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the City is committed to repairing the Green Street Parking Garage in a timely manner, and WHEREAS, demands upon the City Engineering staff preclude contract administration and inspection, and WHEREAS, Novelli & Co. has provided design services for the Green Street Parking Ramp renovations; now, therefore, be it RESOLVED, That the agreement with Novelli & Co. for engineering services be amended to include contract administration and inspection as enumerated in the Amendment to Agreement dated January 30, 1992 for an additional amount not to exceed $65,000, and be it further RESOLVED, That the additional funding will be derived from existing funds in Capital Project #224 Green Street Ramp Renovations. Carried Unanimously * 18.15 DPW - Request to Establish Capital Project and Authorize Consulting Service Agreement By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS the numerous improvements that are required to be made to City Dams, and WHEREAS the Board of Public Works is recommending that a consultant be hired to complete the Phase II Inspection Report on the City Dams and follow up engineering as needed; now, therefore, be it RESOLVED, That Capital Project #504 be established for the purposes of Dam Improvements in the amount of $86,000, and be it further RESOLVED, That the Mayor and Superintendent of Public Works be authorized to sign the Consulting Service Agreement with Stearns and Wheeler in an amount not to exceed $86,000, and be it further RESOLVED, That $86,000 be transferred from Capital Project #502 Water Supply Improvements to Capital Project #504 Dam Improvement for said purposes. Carried Unanimously * 18.16 DPW - Request to Transfer Funds for Rabies Program By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Department of Public Works has developed a program to dispose of suspected rabid raccoons and other rabid animals found dead in the City, and WHEREAS, a number of DPW staff members will need to be properly inoculated against rabies to implement this program; now, therefore, be it RESOLVED, That $1,800 be transferred from Unrestricted Contingency to DPW account A5010-430 Fees for the purposes of said inoculation. Carried Unanimously * 18.17 Bond Resolution - Various Capital Projects By Alderperson Booth: Seconded by Alderperson Johnson April 1, 1992 29 BOND RESOLUTION DATED APRIL 1, 1992. A RESOLUTION AUTHORIZING THE ISSUANCE OF $196,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COSTS OF VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; 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 objects or purposes of paying the cost of the capital improvements and projects specified in Section 2 hereof, there are hereby authorized to be issued $196,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Section 2. The capital improvements and projects in and for the City of Ithaca, Tompkins County, New York, for which such bonds shall be issued and the maximum estimated cost of each such capital improvements and projects are as follows: a) The acquisition of a recycling vehicle for construction and maintenance purposes for the Department of Public Works, a specific object or purpose, at a maximum estimated cost of $55,000; b) The reconstruction of a bus for the Department of Public Works, a specific object or purpose, at a maximum estimated cost of $25,000; c) The construction of a golf course maintenance facility, including original furnishings, machinery, equipment, and apparatus to be used for the purpose for which such facility is to be used and other incidental improvements and expenses in connection therewith, a specific object or purpose, at a maximum estimated cost of $30,000; and d) The reconstruction of portions of the water shed dam, a specific object or purpose, at a maximum estimated cost of $86,000. Section 3. The plan for the financing of each of the specific objects or purposes set forth in Section 2 hereof shall consist of the issuance of the serial bonds of said City authorized to be issued pursuant to this bond resolution, which serial bonds shall be allocated to each specific object or purpose in accordance with the maximum estimated cost of each such specific object or purpose. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid acquisition of a recycling vehicle is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance law, the period of probable usefulness of the aforesaid reconstruction of a bus is five years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the aforesaid construction of a golf course maintenance facility is thirty years, pursuant to subdivision 11(a)(1) of April 1, 1992 30 paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the aforesaid reconstruction of portions of the water shed dam is thirty years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form, and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 7. 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 8. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he 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 9. All other matters, 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 April 1, 1992 31 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 10. The validity of such bonds and bond anticipation notes may be contested only if: 1)Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2)The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3)Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A Roll Call on the foregoing resolution resulted as follows: Golder - Aye Romanowski - Aye Booth - Aye Johnson - Aye Hoffman - Aye Schroeder - Aye Efroymson - Aye Blanchard - Aye Berg - Aye Daley - Aye Ayes (10) Carried Unanimously Bond Resolution - Municipal Pool By Alderperson Booth: Seconded by Alderperson Johnson BOND RESOLUTION DATED APRIL 1, 1992. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $100,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE CONSTRUCTION OF A SWIMMING POOL AT THE CITY'S GREATER ITHACA ACTIVITIES CENTER IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, by bond resolution dated February 5, 1992, the Common Council of the City of Ithaca, Tompkins County, New York, authorized, among other capital projects, the issuance of $494,000 serial bonds and the appropriation and expenditure of $26,000 current funds of said City to pay the cost of the construction of a swimming pool at the City's Greater Ithaca Activities Center (Project No. 217) in and for said City; and WHEREAS, it has now been determined that in order to complete such project an additional $100,000 over that previously authorized will be required; and WHEREAS, it is now desired to authorize the issuance of an April 1, 1992 32 additional $100,000 serial bonds to pay such additional cost; 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 additional costs of the construction of a swimming pool at the City's Greater Ithaca Activities Center, there are hereby authorized to be issued an additional $100,000 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $620,000, and that the plan for the financing thereof is as follows: a)By the issuance of the $494,000 serial bonds of said City authorized to be issued therefor pursuant to bond resolution dated February 5, 1992; and b)By the expenditure of $26,000 current funds authorized to be expended therefor pursuant to bond resolution dated February 5, 1992; and c)By the issuance of the $100,000 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 specific object or purpose is twenty years, pursuant to subdivision 61 of paragraph a of Section 11.00 of the Local Finance law, computed from February 13, 1992, the date of issuance of the first bond anticipation note issued for this project. 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. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. 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 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby April 1, 1992 33 delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he 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 8. All other matters, 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 payments 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 9. 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 within twenty days after the date of such publication, or 3)Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A Roll Call on the foregoing resolution resulted as follows: Golder - Aye Romanowski - Nay Booth - Aye Johnson - Aye Hoffman - Aye Schroeder - Aye Efroymson - Aye Blanchard - Nay Berg - Aye Daley - Aye April 1, 1992 34 Ayes (8), Nays (2) Carried Bond Resolution - North Cayuga Street Bridge Reconstruction By Alderperson Booth: Seconded by Alderperson Johnson BOND RESOLUTION DATED APRIL 1, 1992. A RESOLUTION AUTHORIZING THE ISSUANCE OF $50,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE RECONSTRUCTION OF THE NORTH CAYUGA STREET BRIDGE OVER CASCADILLA CREEK IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the reconstruction of the North Cayuga Street Bridge over Cascadilla Creek in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $50,000 serial bonds of the City of Ithaca, Tompkins County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $575,000 and that the plan for the financing thereof is as follows: a)By the issuance of the $50,000 serial bonds of said City authorized to be issued pursuant to the provisions of this resolution; and b)By the expenditure of $420,000 monies to be received by said City from the State of New York as aid for such reconstruction project, which monies are hereby appropriated therefor; and c)By the expenditure of $105,000 monies to be received by said City pursuant to the Consolidated Local Street and Highway Improvement Program, which monies are hereby appropriated therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. 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. April 1, 1992 35 Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. 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 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he 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 8. All other matters, 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 9. The validity of such bonds and bond anticipation notes may be contested only if: 1)Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2)The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or April 1, 1992 36 3)Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A Roll Call on the foregoing resolution resulted as follows: Golder - Aye Romanowski - Aye Booth - Aye Johnson - Aye Hoffman - Aye Schroeder - Aye Efroymson - Aye Blanchard - Aye Berg - Aye Daley - Aye Ayes (10) Carried Unanimously * 18.18 Audit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, that the bills presented, as listed on Audit Abstract 6/1992 in the total amount of $42,949.81 be approved for payment. Carried Unanimously * 18.20 Youth Recreation Services Alderperson Booth reported that the matter of charging higher fees for non-City residents at Cass Park Pool and at the rink is being discussed. A further report is forthcoming. NEW BUSINESS * 22.1 Free Bus Service for City Employees By Alderperson Berg: Seconded by Alderperson Golder WHEREAS the Board of Public Works has recommended that City employees be allowed to ride Ithaca Transit buses without charge; now, therefore, be it RESOLVED, that the City of Ithaca permit any employee displaying a current City identification card to ride Ithaca Transit buses without charges on an experimental basis for a period of one year beginning April 1, 1992, subject to written agreement by Unions that this privilege will not be considered as past practice. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:50 p.m. _________________________ __________________________ Callista F. Paolangeli Benjamin Nichols City Clerk Mayor