Loading...
HomeMy WebLinkAboutMN-CC-1994-02-02February 2, 1994 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. February 2, 1994 PRESENT: Mayor Nichols Alderpersons (9) - Mackesey, Shenk, Sams, Efroymson, Booth, ABSENT: Alderperson Johnson (excused) OTHERS PRESENT: City Controller - Cafferillo City Clerk - Paolangeli Deputy City Controller - Thayer Superintendent of Public Works - Gray City Attorney - Guttman Building Commissioner - Eckstrom Youth Development Coordinator - Green Police Chief - McEwen Planning and Development Director - Van Cort Planning and Development Deputy Director - Sieverding Board of Public Works Commissioner - Reeves Personnel Administrator - Saul Board of Representatives - Lerner PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the December 1, 1993 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Efroymson RESOLVED, That the Minutes of the December 1, 1993 Common Council meeting be approved as published with a correction as noted by Alderperson Efroymson. Carried Unanimously Approval of Minutes of the December 29, 1993 Special Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Shenk RESOLVED, That the Minutes of the December 29, 1993 Special Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the January 1, 1994 Special Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That the Minutes of the January 1, 1994 Special Common Council meeting be approved as published with a correction as noted by Alderperson Schroeder. Carried Unanimously Approval of Minutes of the January 5, 1994 Common Council Meeting By Alderperson Shenk: Seconded by Alderperson Thorpe RESOLVED, That the Minutes of the January 5, 1994 Common Council meeting be approved as published. Carried Unanimously ADDITIONS OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Mayor Nichols stated that there will be a resolution added to the agenda regarding the CSEA Administrative Unit labor contract. No Council member objected. New Business February 2, 1994 Mayor Nichols requested the addition of an Ordinance amending Chapter 346 entitled "Vehicles and Traffic" in the City of Ithaca Municipal Code regarding emergency snow routes. No Council member objected. SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider an Ordinance Amending Section 325-47 Entitled "Penalties for Offenses" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Efroymson RESOLVED, That the public hearing to consider an Ordinance amending Section 325-47 entitled "Penalties for Offenses" of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Schroeder explained the proposed changes. No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Mackesey: Seconded by Alderperson Shenk RESOLVED, That the public hearing to consider an Ordinance amending Section 325-47 entitled "Penalties for Offenses" of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: IURA/Citizens Advisory Committee Mayor Nichols requested Council approval for the following appointments to the IURA/Citizens Advisory Committee, all with terms to expire December 31, 1994: From Target Areas (West Hill, Southside, Northside, Fall Creek) Michael Cannon Jan Douglas Clay Hamilton 409 West Buffalo St. 515 First St. 516 West Green St. Andy Foster 216 Wood St. Agency Representatives Deidre Silverman - EOC, Red Cross, HOMES, Inc., Board - Homeless Agencies Coordination Lucy Brown/Carol Mallison - Board & Staff INHS Tom West - Ithaca Department of Public Works Representatives of other Committees, Boards Doug Dylla - IURA Susan Cummings - IURA City Wide Alan Cohen Steve Ehrhardt 302 E. State St. 409 S. Albany St. Matundu Makalani 502 S. Plain St. Resolution By Alderperson Mackesey: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the appointments to the IURA/Citizens Advisory Committee, as noted above, with terms to expire December 31, 1994. Carried Unanimously Youth Bureau Advisory Council Mayor Nichols requested Council approval for the appointment of Angel Sierra, 22 Mather Street, Binghamton, to the Youth Bureau Advisory Council with a term to expire December 31, 1996. February 2, 1994 Resolution By Alderperson Hanna: Seconded by Alderperson Shenk RESOLVED, That this Council approves the appointment of Angel Sierra to the Youth Bureau Advisory Council with a term to expire December 31, 1996. Carried Unanimously Bicycle Advisory Council Mayor Nichols requested Council approval for the appointment of Martha Fischer, 653 Spencer Road, to the Bicycle Advisory Council with a term to expire December 31, 1994. Resolution By Alderperson Gray: Seconded by Alderperson Shenk RESOLVED, That this Council approves the appointment of Martha Fischer to the Bicycle Advisory Council with a term to expire December 31, 1994. Carried Unanimously Conservation Advisory Council Mayor Nichols requested Council approval for the appointment of Bart Guetti, 906 N. Tioga Street, to the Conservation Advisory Council, with a term to expire December 31, 1995. Resolution By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That this Council approves the appointment of Bart Guetti to the Conservation Advisory Council with a term to expire December 31, 1995. Carried Unanimously Six Mile Creek Advisory Committee Mayor Nichols requested Council approval for the appointments as listed below to the Six Mile Creek Advisory Committee, with terms to expire as noted: Nancy Ramage Peter Fortunato 964 E. State Street 172 Pearsall Place December 31, 1996 December 31, 1995 Marjorie Z. Olds John F. (Jack) Booker 100 Renzetti Place 308 Eastwood Avenue December 31, 1994 December 31, 1994 Resolution By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the appointments to the Six Mile Creek Advisory Committee as listed above with terms to expire as noted. Carried Unanimously Six Mile Creek Advisory Committee Mayor Nichols stated that additional members of the Six Mile Creek Advisory Committee must be members of other bodies and are mayoral appointments not requiring Council approval. They will be: From Common Council: From Board of Public Works: John Johnson Jill Tripp 946 E. State St. 114 Monroe St. December 31, 1994 December 31, 1994 From Conservation Advisory Council: (City of Ithaca) From Circle Greenway: Dan Hoffman Beth Mulholland 607 N. Tioga St. 105 Penny Lane December 31, 1994 December 31, 1994 February 2, 1994 From Town of Ithaca Conservation Advisory Board: Richard Fischer 135 Pine Tree Road December 31, 1994 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL Sidewalks - Snow and Ice Ms. Irene Stein, 207 Ithaca Road, Director of the County Office for the Aging, addressed Council regarding the proposed fees for residents not clearing their walks of snow and ice. She stated that she believes this regulation is unfair to the elderly who cannot afford to get help or who simply cannot find help clearing their sidewalks. She requested that the appropriate department take a look at this problem and stated the Office for the Aging would be glad to work with the City to find a solution to this problem. Bike Racks Ms. Faye Gougakis spoke to Council regarding the need to shovel the snow from around the bike racks for the bicyclists in the City. RESPONSE TO THE PUBLIC: Sidewalks - Snow and Ice Alderpersons Shenk, Mackesey, Hanna and Schroeder responded to Ms. Stein's concerns for the elderly in regard to the problem of removing snow and ice from their sidewalks. Mayor Nichols stated that the matter will be reviewed by the Board of Public Works and solutions should be forthcoming. REPORT OF COUNTY BOARD OF REPRESENTATIVES: Mr. Eric Lerner, Second Ward Representative, addressed Council on the following matters: Procedures on Liaison Reports Between City and County Government - The new procedure will be for each of the five City Reps on the County Board to do one liaison report to Common Council in the course of the year. Mr. Lerner stated that in the past the Mayor has periodically organized meetings for all of Council and the City Reps on the County Board and he encouraged him to continue to do that. Changes in County Government - We can expect some changes in how Tompkins County conducts their business. Everything from the structure of the committees of the Board of Representatives, how departments are structured, how the budget is handled, what the budget process will be, how personnel relations are handled is being examined and changes can be expected throughout this process. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Parks Commission Ms. Jo-anne Cornish-Epps, Chairperson for the Parks Commission, reported to Council that the commission has been working on Southwest Park Alienation and recommendations for substitute park lands; Inlet Island; the Festival Lands and the Draft Master Plan for Allan H. Treman. They are conducting an ongoing park inventory and an amenities inventory and proposed improvements for the parks, as well as signage for the parks. Public awareness for the dog waste clean-up law is being promoted and they are also working on an annual report that will be forthcoming to Council. Board of Public Works Commissioner Reeves reported to the Council on the following: Increase for Parking Garages - At the January 12, 1994 meeting the Board passed a resolution proposing increases for the parking garages and the Woolworth lot. After lengthy discussion the Board February 2, 1994 increased the fees for the uncovered spaces and covered spaces in the Green Street Ramp and also increased the rates and the number of permits available for the Woolworth lot. The Board did not do anything with the Seneca Street Ramp proposal because the DII was interested in seeing more security measures taken at that location. The Board will be addressing those issues and hopefully something will be worked out by June 1. The Council will be kept posted on the progress of those discussions. COMMUNICATIONS FROM THE MAYOR: Snow Emergency Procedures Mayor Nichols referred to his column in today's Ithaca Journal, regarding snow removal from the streets and sidewalks. Mayor Nichols explained the snow emergency procedures that will be in place once Council passes the Snow Emergency Ordinance. REPORT OF CITY CLERK: Annual Disclosure Statements City Clerk Paolangeli reminded Council members that the Annual Disclosure Statements need to be turned into her office in the month of February. REPORT OF CITY ATTORNEY: City Attorney Guttman reported to Council on the following matters: ACC Dispute - The City's dispute with ACC has been settled. The agreement has been signed, the Memorandum of Understanding has been filed in the City Clerk's office. City Attorney Guttman explained the changes in the agreement. Board of Zoning Appeals - On January 11, 1994, City Attorney Guttman went to Albany to argue on behalf of the City an appeal which was brought by Betsy Darlington, Marty Blodgett and Paul Glover against the City and the BZA. This case has to do with an application by Thorntree for a variance for the site which is proposed for the Wal-Mart development. City Attorney Guttman explained the background on the matter and said that the judge should be making a decision soon. Seacord Property - On January 20, 1994 the City purchased from Ron Seacord the property at 715-721 Willow Avenue. The City acquired this property to be part of the Department of Public Works consolidation. Center Ithaca Bankruptcy Case - The limited partnership, which was headed by Stan Goldberg and the Citizens Savings Bank, are both filing with the bankruptcy court amended plans of re- organization. These plans provide that the property will be sold at a public auction. A group of investors, headed by Mack Travis, has entered into a contract with Citizens and Ithaca Center Associates. The basic terms of that contract is that the group will pay the sum of $3,325,000 for the non-cash assets of the project. The cash assets, after payment of administrative expenses of the bankruptcy, will be paid to Citizens Savings Bank. The offer which the Travis group has submitted provides that all contracts with respect to the property which includes the atrium agreements, the operating agreement which covers the elevator and the public restrooms, as well as all other leases will be assumed by the buyer. If this plan is approved by the bankruptcy court, the bankruptcy court will conduct in Albany a public auction. The Travis group's bid of $3,325,000 will be considered the first bid in that auction. Anyone who wishes may bid more but the next bid must be at least $100,000 greater. All subsequent bids must contain the same terms regarding the assumption of contracts and everything else which is in the Travis bid. The amended plan also states that all outstanding real estate taxes will be paid February 2, 1994 in full. However, other than the payment of real estate taxes, there will be no payment to the City of Ithaca. ECONOMIC DEVELOPMENT COMMITTEE: Committee Plans Alderperson Mackesey reported that the Economic Development Committee is formulating goals for the committee. She commented on the suggestions that the committee is considering pursuing. Economic Development Zone Application Alderperson Mackesey stated that the committee is in the process of working on the application at this time. Hopefully, by the Economic Development Committee meeting on February 15, 1994 they will have the application ready to be reviewed by Council members. Alderperson Mackesey noted that this application will be ready for Council action at the February 23, 1994 Committee of the Whole meeting. BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 GIAC - Request to Amend 1994 GIAC Budget By Alderperson Booth: Seconded by Alderperson Efroymson WHEREAS, G.I.A.C. has been notified that they will receive a $15,000 grant from the Ben & Jerry's Foundation to continue the Youth Enterprise Project at G.I.A.C., and WHEREAS, the funds will be used to educate and assist city youth on opportunities in business; now, therefore, be it RESOLVED, That the City of Ithaca accepts the $15,000 grant from the Ben & Jerry's Foundation, and be it further RESOLVED, That the 1994 Budget be amended to fund the G.I.A.C.'s Youth Enterprise Project as follows: Increase Revenue Account: A2070 Contributions for Youth $15,000.00 Increase Appropriation Accounts: A7311-435-1100 GIAC Program - Contracts $7,513.50 A7311-445-1100 GIAC Program - Travel 3,000.00 A7311-460-1100 GIAC Program - Program Supplies 4,486.50 Carried Unanimously * 17.2 Attorney/Personnel - Request Approval of 1994-1996 City Executive Association Contract By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Agreement between the City of Ithaca and the City Executive Association for a new three-year contract retroactive to January 1, 1994 and expiring on December 31, 1996, be approved as recommended by the Assistant City Attorney, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously * 17.3 Attorney/Personnel - Assignment of Positions to Management Compensation Plan By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That the positions of City Clerk and City Chamberlain be, and hereby are, assigned to the Management Compensation Plan at a 1994 salary range of $34,561 - $51,154. Carried Unanimously * 17.4 Attorney/Personnel - Request to Approve Fringe Benefits for Managerial Personnel By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That the current fringe benefits for managerial personnel not covered by a bargaining unit be amended as follows: a. Replace the current Section 1 (Vacation) with the following section: February 2, 1994 1. Annual Leave: Effective January 1, 1994, managerial employees shall earn annual leave on a monthly basis in accordance with the following schedule: Length of Service 40 hours/week 35 hours/week up to 2 years 10 hr/month 9 hr/month 2 - 7 years 13.5 hr/month 12 hr/month 7 - 20 years 17 hr/month 15 hr/month 20 or more years 20 hr/month 18 hr/month Annual leave may be accumulated up to a maximum of forty (40) days; provided, however, that no more than thirty (30) days of accumulated annual leave shall be paid on separation from service. Annual leave in excess of this amount may be applied toward the purchase of health and dental insurance upon retirement. An employee may elect to cash in up to ten (10) days of unused annual leave in December of any calendar year. b. Amend Section 2 (Holidays) by deleting two floating holidays. c. Amend Section 5 (Sick Leave Buyout) by increasing $9,000 to $10,000. d. Delete Section 6 (Personal Leave) and renumber the remaining sections. e. Amend Section 14 (Educational Assistance) to read as follows: 14. Educational Assistance: The City of Ithaca agrees to pay the tuition for education courses, including technical and trade schools, to assist employees in furthering their education and enhancing their ability and effectiveness on the job. Such assistance shall be limited to courses which are related to an employee's position and which will further development in the performance of the employee's duties. Additionally, the employee must receive a passing grade in the course before reimbursement will be issued. Educational assistance shall be limited to two courses per calendar year for permanent or provisional employees. No employee shall receive assistance for more than a career limit of twenty courses. The City shall pay the actual per hour tuition cost of any approved courses, provided that any employee who receives educational assistance shall reimburse the City for the cost of any course if the employee chooses to leave City employment within six months of the conclusion of that course. Carried Unanimously * 17.5 Planning Department - Request Funds for Environmental Audit of Inlet Island Properties By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Planning Department has requested and received proposals to perform an Environmental Audit of the Inlet Island Properties, and February 2, 1994 WHEREAS, the Environmental Audit will include: a Phase I, historical study of the Inlet Island properties, and a Phase II, soil sampling of the Inlet Island properties, and WHEREAS, the Planning Department staff has reviewed the proposals and recommends the firm of Gaynor and Associates, Inc. be hired to perform said environmental audit at a cost of $5,160; now, therefore, be it RESOLVED, That the firm of Gaynor and Associates, Inc. be hired to perform an Environmental Audit of the Inlet Island Properties at an amount not to exceed $5,160, and be it further RESOLVED, That the funds for said environmental audit be derived from Capital Project #207 West End Development. Aye (8) - Mackesey, Shenk, Sams, Efroymson, Schroeder, Hanna, Gray, Thorpe Abstention (1) - Booth (conflict of interest) Carried (8-1) PLANNING COMMITTEE: * 18.1a Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment to Section 325-47.A of the Municipal Code (Zoning) which states "If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless otherwise provided herein." requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council does hereby declare itself lead agency for the environmental review of the proposed amendment to Article X Section 325-47.A. of the Municipal Code. Carried Unanimously * 18.1b Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Mackesey WHEREAS, Planning Committee has recommended an amendment to Chapter 325 (Zoning), Article X Section 325-47.A. entitled "Penalties for offenses" which states "If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless otherwise provided herein." and WHEREAS, appropriate environmental review has been conducted, and February 2, 1994 WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the City's Short Environmental Assessment Form dated December 7, 1993 and be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 18.1c An Ordinance Amending Article X Section 325-47.a of Chapter 325 Entitled "Penalties for Offenses" of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code By Alderperson Schroeder: Seconded by Alderperson Mackesey ORDINANCE 94 - An ordinance amending Article X Section 325-47.A. of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code regarding Penalties for offenses. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That Section 325-47.A. entitled "Penalties for offenses" is hereby amended to read as follows: A. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless otherwise provided herein." SECTION 2. Effective Date. This ordinance shall take effect immediately, in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously * 18.2 A Local law amending Section 325-41. entitled "Board of Appeals; variances" of Chapter 325 entitled `Zoning' of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Thorpe RESOLVED, That Local Law No. ___ of the year 1994 amending Section 325.41 of the City of Ithaca Municipal Code regarding the Zoning Board of Appeals and the granting of variances by the Zoning Board of Appeals is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid local law to be held at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday March 2, 1994, at 7:00 p.m. and be it further February 2, 1994 RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed local law. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County planning Board a true and exact copy of the proposed local law for its report thereon. Carried Unanimously The Local Law Shall be as follows: Local Law No. ___ of the year 1994 City of Ithaca A local law amending Section 325-41 of the City of Ithaca Municipal Code regarding the Zoning Board of Appeals and the granting of variances by the Zoning Board of Appeals. WHEREAS, the State of New York by Chapter 208 of the Laws of 1993, among other things, amended the General City Law in relation to Zoning Boards of Appeals and repealed and amended certain provisions of the General City Law relating thereto, and WHEREAS, Chapter 208 amended the General City Law by adding a new section 81-e which provides that the provisions of Article 5-A entitled "Buildings and Use Districts" shall not apply to any city having a population in excess of 1,000,000, except that any such city may, by local law, provide that the article or any section thereof may apply to such city. Accordingly, Chapter 208 and Article 5-A of the General City Law are not general laws but rather special laws, which, pursuant to the Municipal Home Rule Law, the City of Ithaca has the right and authority to supersede, and WHEREAS, Section 81 of the General City Law, as amended, relates to the organization, appointment, number of members and duties of Zoning Boards of Appeals, and WHEREAS, Section 81-b of the General City Law, as amended sets forth the powers and duties of the Zoning Board of Appeals, specifies that the Zoning Board of Appeals may grant use or area variances, and identifies circumstances under which variances may be granted, and WHEREAS, the current Zoning Board of Appeals of the City of Ithaca and this Council have reviewed Section 81 and Section 81-b of the General City Law, as amended, and believe that, considering the special circumstances of the City of Ithaca, that it would be consistent with the best interest of the City of Ithaca to supersede certain sections of Section 81 and of Section 81-b, and WHEREAS, in particular, considering the fact that this Council takes great interest in the make up of Boards and Commissions, this Council believes that it would be in the best interest of the City of Ithaca if members of the Zoning Board of Appeals were appointed, and vacancies in the Zoning Board of Appeals were filled, by the Mayor with the consent of Common Council as opposed to being filled by the Mayor as provided in Sections 81(1) and 81(7) of the General City Law, and WHEREAS, in particular, considering that members of the Zoning Board of Appeals are highly qualified individuals and often professionals, that it would be in the best interest of the City of Ithaca if the Chairperson of the Zoning Board of Appeals were to be selected by the Zoning Board of Appeals as opposed to being February 2, 1994 designated by the mayor as provided in Section 81(1) of the General City Law, and WHEREAS, in particular, considering that there are many Boards and Commissions in the City of Ithaca and considering that service on the Zoning Board of Appeals requires a significant time commitment, that the City would have better success in recruiting the most qualified persons to serve on the Zoning Board of Appeals if the term of office were less than five years and that therefore, it would be in the best interest of the City of Ithaca if the term of office of members on the Zoning Board of Appeals were three years, and WHEREAS, in particular, considering that this Council has, by Ordinance No. 91-14, and by Ordinance No. 91-18 provided that if the Zoning Board of Appeals grants an area or use variance which requires construction for which a building permit is necessary and the construction has not been initiated or completed within a specified period of time that the variance should become void and Council now believes that such provisions regarding the expiration of variances are in public interest even though such provisions are not included in Chapter 208 of the laws of 1993, and WHEREAS, in particular, considering that this Council has, in an attempt to encourage development which would produce a positive change in the character of neighborhoods; will increase the accessibility or adaptability of property for handicapped or disabled persons; will have a positive impact on the amount, type, price or location of the City's supply of affordable housing; and will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historical resources or other rare or irreplaceable features, and this Council has previously set forth certain additional standards which the Zoning Board of Appeals may consider in evaluating a request for an area variance, this Council believes that it would be in the best interest of the City of Ithaca if such additional factors were to be among those which the Zoning Board of Appeals may consider in determining whether to grant a request for an area variance, as opposed to only considering the factors set forth in section 81-b(4) of the General City Law, and WHEREAS, in particular, considering that this Council has determined that in order to provide for clearly written rules, regulations and decisions, it would be in the best interest of the City of Ithaca to provide that rules, regulations and decisions be filed within 30 days rather than within 5 business days as set forth in Section 81-a (2) of the General City Law, and WHEREAS, in particular, considering that this Council has determined that it would be in the best interest of the City of Ithaca to specify in detail in the Municipal Code the procedures that the Zoning Board of Appeals should follow, and WHEREAS, in particular, considering that this Council has determined that it would be in the best interest of the City of Ithaca to grant to the Zoning Board of Appeals the authority and power to issue special permits where appropriate; now therefore, BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 325-41 entitled "Board of Appeals; Variances" is hereby repealed in its entirety and replaced with the following language: "Section 325-41 Board of Appeals; Variances. February 2, 1994 A. Creation, Appointment and Organization. 1. Appointment of Members. The Mayor, with the consent of the Common Council, shall appoint a Board of Appeals consisting of five (5) members. The Board of Appeals, at the first regular meeting each year, shall elect one of its own members as Chairperson. In the absence of the Chairperson at any meeting, the Board of Appeals may designate a member to serve as acting Chairperson. The Building Commissioner shall be the Secretary of the Board of Appeals. In making such appointments, the Mayor may require Board of Appeals members to complete training and continuing education courses. 2. Legislative Body Members Ineligible. No person who is a member of the Common Council shall be eligible for membership on such Board of Appeals. 3. Terms of Members First Appointed. In the creation of a new Board of Appeals or the re-establishment of terms of the existing Board of Appeals, the appointment of members to the Board of Appeals shall be for terms so fixed so that one member's term shall expire at the end of 1994; that two member's terms shall expire at the end of 1995; and that two members terms shall expire at the end of 1996. At the expiration of each original member's appointment, the replacement member shall be appointed for a term of three years. 4. Vacancy in Office. If a vacancy shall occur otherwise than by expiration of term, the Mayor, with the consent of Common Council, shall appoint the new member for the unexpired term. 5. Removal of Members. The Mayor shall have the power to remove, after public hearing, any member of the Board of Appeals for cause. Any Board of Appeals member may be removed for non-compliance with any minimum requirements relating to meeting attendance and training established by the Common Council. 6. Compatibility of Offices. Municipal officials or employees on the Board of Appeals shall not, by reason of membership thereon, forfeit their right to exercise the powers, perform the duties, or receive the compensation of the municipal office held by them during such membership. No municipal officer or employee shall be appointed to the Board of Appeals in the event such officer or employee cannot carry out his or her position without a conflict in the performance of his or her duties as a member of the Board of Appeals. 7. Chairperson's Duties. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board of Appeals may determine. Such chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. B. Board of Appeals Procedure. 1. Procedure Pursuant to State Law. Except as provided herein to the contrary, the procedure of the Board of Appeals shall be governed by Section 81-a of the General City Law of the State of New York, as follows: (a) Meetings, minutes, records. Meetings of such Board of Appeals shall be open to the public to the extent provided in article seven of the Public Officers Law. Such Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing February 2, 1994 to vote, indicating such fact, and shall also keep records of its examinations and other official actions. (b) Filing requirements. Every rule, every regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the City Clerk within thirty (30) days and shall be a public record. (c) Assistance to the Board of Appeals. Such Board of Appeals shall have the authority to call upon any department, agency or employee of the City for such assistance as shall be deemed necessary and as shall be authorized by the legislative body. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance. (d) Hearing appeals. Except as otherwise provided by local law or ordinance, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this article. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the City. (e) Time of appeal. Such appeal shall be taken within sixty days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such ordinance or local law by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. (f) Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of such ordinance or local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay would, in the official's opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown. (g) Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the City at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney. (h) Time of decision. The Board of Appeals shall decide upon the appeal within sixty-two days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board of Appeals. February 2, 1994 (i) Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the City Clerk or the zoning office if such office has been established within thirty (30) days after the day such decision is rendered, and a copy thereof mailed to the applicant. (j) Notice to park commission or planning agency. At least five days before such hearing, the Board of Appeals shall mail notice thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within five hundred feet of the property affected by such appeal; and to the county, metropolitan or regional planning agency, as required by Section two hundred thirty-nine-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision one of Section two hundred thirty-nine-m of the General Municipal Law. (k) Compliance with State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article eight of the Environmental Conservation Law and its implementing regulations. (l) Rehearing. A motion for the Board of Appeals to hold a rehearing to review any order, decision or determination of the Board of Appeals not previously reviewed may be made by any member of the Board of Appeals. A unanimous vote of all members of the Board of Appeals then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board of Appeals may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members present, provided the Board of Appeals finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby. 2. Specific City Procedure. In addition to the above procedures, the following procedures shall govern the Board of Appeals. (a) Requests by applicant for recommendations. Prior to seeking an area variance, an applicant may also request a recommendation on a proposed variance request from any city board or commission with expertise on an issue being considered and include that recommendation in the appeal to the Board of Appeals. (b) Required information. Every appeal or application for relief shall set forth the interpretation that is claimed or the use for which a special permit is sought or the details of the variance applied for and the grounds for which it is claimed that the variance should be granted, as the case may be. Appeals and applications shall be in writing, on forms prescribed by the Board of Appeals and shall be filed with the Secretary of the Board. The applicant shall provide a site plan and such other drawings and/or additional information as is necessary for the Board of Appeals to properly consider the appeal or application for relief. (c) Continuances. The Board of Appeals may, on its own motion or upon request by the applicant, continue the hearing. (d) Fees. The appellant shall, at the time of filing the appeal, pay to the Building Commissioner a fee of seventy- five dollars ($75.) to help defray the cost of the required legal notice and other incidental expenses. However, the owner- occupant of residential property on which are located no more than two (2) dwelling units shall pay a fee of fifty dollars February 2, 1994 ($50.) and an officer or administrative official of the City of Ithaca acting in the official's capacity shall not be required to pay said fee. (e) Notices to the public. If a variance, interpretation or a special permit is requested, the appellant shall send notice of the same by mail to all property owners within two hundred (200) feet of the boundaries of the lot under consideration. Such notice shall state the relief sought, the type of use contemplated and such additional information as shall be required by the Building Commissioner and shall be mailed five (5) days prior to the meeting of the Planning Board which next precedes the public hearing. Proof of such mailing shall be filed with the Board of Appeals prior to the holding of the public hearing. (f) Report by the City Planning and Development Board. At least seven (7) days before any meeting of the Planning and Development Board which precedes the date of the hearing required by law on any application or appeal to the Board of Appeals, the Secretary of the Board shall transmit to the Planning and Development Board a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing. When a variance, interpretation or special permit is requested, no Board of Appeals action thereon shall be taken until the Planning and Development Board has had the opportunity to submit a report as to conformance with long-range planning objectives. The Planning and Development Board shall have the right to request that action by the Board of Appeals be adjourned for one month to allow the Planning and Development Board to submit such a report as to conformance with long-range planning objectives. (g) Publication of notices. Notice of a public hearing on appeals and adjourned or rescheduled hearings on said appeals shall be given by publication twice in the official newspaper of the City of Ithaca, which notice shall state the relief sought, the appellant's name and the location of the property and the date of said hearing. The first notice shall be not less than five (5) days before the date of the public hearing. (h) Decision of the Board of Appeals. Every decision of the Board of Appeals shall contain a full record of the findings of the Board in the particular case and a written summary of the evidence presented at the hearing. (i) Rules and regulations. The Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter, and all its orders and resolutions shall be in accordance therewith. These rules and regulations shall be in effect when filed with the City Clerk. C. Permitted Action by the Board of Appeals. 1. Definitions. As used in this section: (a) "Use variance" shall mean the authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. (b) "Area variance" shall mean the authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. February 2, 1994 (c) "Special Permit" shall mean an authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met. 2. Orders, requirements, decisions, interpretations, determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision interpretation or determination the appeal is taken. 3. Use Variances. (a) The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein. (b) No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located: (i) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (ii) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (iii) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (iv) that the alleged hardship has not been self- created. (c) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 4. Area Variances. (a) The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein. (b) In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board of Appeals shall also consider: (i) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; February 2, 1994 (ii) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; (iii) whether the requested area variance is substantial; (iv) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (v) whether the alleged difficulty was self- created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. (c) In making its determination, the Board of Appeals may also take into consideration the following factors: (i) whether the requested variance represents a relatively minor deviation from the area requirements in question. (ii) whether a substantial positive change will be produced in the character of the neighborhood. (iii) whether granting the variance will increase the accessibility or adaptability for handicapped or disabled persons. (iv) whether granting the variance will have a positive impact on the amount, type, price or location of the City's supply of affordable housing; in order for the board to consider this factor, the applicant must demonstrate that there exists a binding legal obligation to provide housing, for a period not less than 15 years, which is affordable to low or moderate - income families or individuals, as defined by federal regulations or other clearly recognized standards. (v) whether granting the variance will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historic resources or other rare or irreplaceable features. If the applicant wishes the Board of Appeals to consider any of these additional factors, the burden of proof is on the applicant to clearly identify the factor and to submit sufficient evidence to establish that this factor applies. (d) The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 5. Special Permits (see §325-9). The Board of Appeals shall have the power to issue special permits for any of the uses for which this Chapter requires the obtaining of such permits. 6. Imposition of Conditions. The Board of Appeals shall, in the granting of use variances, area variances and special permits, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. February 2, 1994 7. Expiration of Variances. (a) When an area variance is granted by the Board of Appeals which enables an applicant to do construction which requires a building permit or a use variance is granted by the Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted, and the applicant has not obtained a building permit to construct the building or part thereof for which the variance has been granted and initiated the construction work within two (2) years from the date of the granting of the variance, said variance shall become void. (b) When an area variance is granted by the Board of Appeals which enables an applicant to do construction which requires a building permit, or a use variance is granted by the Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted and a building permit to construct the building or part thereof for which the variance has been granted has been obtained, and the construction has not been substantially completed prior to the expiration of the building permit, said variance shall become void. (c) When a use variance is granted by the Board of Appeals and no construction which requires a building permit is necessary for conversion to the use for which the variance is granted and the applicant has not obtained a certificate of occupancy for the use for which the variance was granted within two (2) years from the date of the granting of the variance, the variance shall become void. 8. Appeals. Appeals from decisions of the Board of Appeals shall be made under Article 78 of the Civil Practice Law and Rules and shall be governed by Section 81-c of the General City Law." Section 2. Effective Date. This local law shall take effect immediately after filing with the office of the Secretary of State. Reactivization of Northside Land Use Committee - Report Alderperson Schroeder reported that the Planning Committee asked that the Northside Land Use Committee be reconstituted to consider a number of issues. One issue is exactly how the Mutual Housing Association is distributed on the former Pogo Parcel, and to consider the possibility of the Sciencenter expanding where the Senior Center was once tentatively slated to be built. We also need to consider the future of the City-owned parcel that we recently re-zoned and to look at the whole northside plan. Feasibility Study for Upper-Story Development - Report Alderperson Schroeder reported that the Planning Committee asked Planning staff to look into the possibility of submitting a joint application with the City of Auburn to investigate ways to foster use of upper stories of buildings with building code deficiencies. Alderperson Schroeder stated that the funding proposal would be applied for through the Urban Development Corporation of New York State. The City of Ithaca would not be eligible to apply because we do not have a City Industrial Development Agency. However, Auburn has such an agency and we could apply jointly with them. ISTEA Transportation Enhancement Program Application - Report Alderperson Schroeder reported that the Planning Committee directed Planning staff to look into other possible bike or pedestrian projects that the City could submit for ISTEA Transportation Enhancement Program which has an April application deadline. INTER-INSTITUTIONAL COMMITTEE: February 2, 1994 Alderperson Efroymson reported that the Committee is working on their agenda for the year. On February 8 the Committee will begin to take at look at the fire contract with the Town of Ithaca, which expires at the end of 1994. The Committee will also be working on relationship with Cornell University. OLD BUSINESS: Mutual Housing Association By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, on April 30, 1992 the City of Ithaca conveyed to the Mutual Housing Association of Tompkins County, Inc. a parcel of land being essentially the westerly one-third of the "Pogo Parcel" and at the same time granted to the Mutual Housing Association of Tompkins County, Inc., an option to acquire the middle one-third of the "Pogo Parcel", which option provided that the purchase price for the middle one-third of the Pogo Parcel would be the sum of $60,000.00 together with the agreement of the Mutual Housing Association of Tompkins County to pay one-third of the cost of the development of a road along the easterly boundary of this parcel between Franklin Street and Adams Street, with Mutual Housing Association of Tompkins County, Inc., being entitled to exercise the option only if they could show, in the City's sole discretion, that MHA was ready, willing and able to successfully complete the second phase of the project, i.e. the constructions of 7 duplexes on the middle one-third of the Pogo Parcel and had successfully completed the first phase of the project, and WHEREAS, Mutual Housing Association of Tompkins County, Inc. is in the process of submitting grants for funding for the second phase of this project including the small city CDBG grant, a grant from the Federal Home Loan Bank, and a grant from the New York State Division of Housing and Community Renewal (DHCR), and WHEREAS, in order to submit these grants, MHA needs to demonstrate that it has site control of the premises; now, therefore, be it RESOLVED, That This Common Council hereby authorizes the Mayor to execute appropriate documents extending the option granted by the City to the Mutual Housing Association of Tompkins County by the Deed dated April 30, 1992 until April 30, 1995. Carried Unanimously NEW BUSINESS: An Ordinance Amending Chapter 346 Entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code (Designation of Emergency Snow Routes) By Alderperson Gray: Seconded by Alderperson Mackesey ORDINANCE NO. 94 - An Ordinance Amending Chapter 346 Entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 346 entitled "Vehicles and Traffic" of the City of Ithaca Municipal Code is amended by adding a new sub- division entitled "Designation of Emergency Snow Routes; Restrictions pertaining thereto. To read as follows: Designation of Emergency Snow Routes; Restrictions pertaining thereto. The Mayor is hereby authorized to declare that a snow emergency exists. The Board of Public Works is hereby authorized to determine and to designate and declare emergency snow routes for the purpose of this section. It shall be unlawful to park or stand a motor vehicle, except for the expeditious loading or unloading of passengers, upon any portion of any emergency snow routes during the period of time the Mayor has declared that a snow emergency exists. February 2, 1994 Section 2. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Mayor Nichols explained the proposed amendment to the Ordinance. Extensive discussion followed on the floor. A vote on the Resolution resulted as follows: Carried Unanimously EXECUTIVE SESSION: By Alderperson: Booth: Seconded by Alderperson Efroymson RESOLVED, That Common Council adjourn into Executive Session to consider labor contracts and personnel items. Carried Unanimously REGULAR SESSION Common Council reconvened in Regular Session at 9:50 p.m. and offered the following resolutions: CSEA Administrative Contract By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That the Agreement between the City of Ithaca and the CSEA Administrative Unit for a new three-year contract commencing January 1, 1993 and expiring on December 31, 1995, be approved as recommended by the City's negotiating team and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously Designation of Managerial Position By Alderperson Efroymson: Seconded by Alderperson Booth RESOLVED, That the position of Deputy City Clerk be and hereby is designated a managerial position and is hereby assigned to the Management Compensation Plan at a 1994 salary range of $21,864 - $32,364. Carried Unanimously 1993 Compensation for Confidential Employees By Alderperson Efroymson: Seconded by Alderperson Hanna RESOLVED, That for the period January 1, 1993 through December 31, 1995, all employees not covered by a formal labor contract, excluding positions designated as management, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit Contract; provided, however, that the monthly posting of vacation time shall commence on the first day of the month following each employee's individual 1993 anniversary date of employment, and be it further RESOLVED, That any confidential employee who is currently receiving free access to Youth Bureau Summer programs shall be permitted to send the employee's children to Youth Bureau Summer programs at a cost equivalent to one-half (1/2) the City resident rate. Motion Failed Unanimously 1993 Compensation for Confidential Employees By Alderperson Schroeder: Seconded by Alderperson Booth RESOLVED, That for the period January 1, 1993 through December 31, 1995, all employees not covered by a formal labor contract, excluding positions designated as management, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit Contract; provided, however, that the monthly posting of vacation time shall commence on the first day of the month following each employee's individual 1993 anniversary date of employment. Carried Unanimously February 2, 1994 Motion to Continue Meeting By Alderperson Mackesey: Seconded by Alderperson Schroeder RESOLVED, That this Common Council meeting be continued until the Committee of the Whole meeting on February 23, 1994, at which time the Council shall consider the approval of a proposal for an Economic Development Zone. Carried Unanimously Callista F. Paolangeli Benjamin Nichols City Clerk Mayor