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HomeMy WebLinkAboutMN-CC-1994-04-06April 6, 1994 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 P.M. April 6, 1994 Present: Mayor Nichols Alderpersons (9) - Thorpe, Mackesey, Johnson, Efroymson, Gray, ABSENT: Alderperson Booth (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Planning and Development Director - VanCort Planning and Development Deputy Director - Sieverding Building Commissioner - Eckstrom Fire Chief - Wilbur Assistant Superintendent of Water and Sewer - Fabbroni Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the March 2, 1994 Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Schroeder RESOLVED, That the Minutes of the March 2, 1994 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM AGENDA: Budget and Administration Committee Alderperson Johnson requested the addition of Item 15.10 - Creation of Interim Positions for Police Department. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing for the Consideration of Acquisition of Real Estate Resolution to Open Public Hearing By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing for the consideration of acquisition of real estate be declared open. Carried Unanimously Planning and Development Deputy Director Sieverding gave background information on the parcel of land to be acquired. No one appeared to address the Council. Resolution to Close Public Hearing By Alderperson Mackesey: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing for the consideration of acquisition of real estate be declared closed. Carried Unanimously Resolution of Commendation (Assistant Fire Chief Edward C. Sharp) By Alderperson Mackesey: Seconded by Alderperson Johnson WHEREAS, Edward C. Sharp is retiring after working for the Ithaca Fire Department for over 35 years, and WHEREAS, Ed Sharp, affectionately known as "Mother Sharp", has held the position of Assistant Chief since 1973, and April 6, 1994 WHEREAS, Assistant Chief Sharp is known by his co-workers as a plain-speaking and outspoken man who always remained calm in an emergency but who knew a "Dogan Head" when he saw one, and WHEREAS, Assistant Chief Sharp has shown a consistent and high regard for the safety and well-being of the fire fighters he directed, and WHEREAS, Assistant Chief Sharp cared about the people around him and presented many a "Nooggie" as tokens of his affection, and WHEREAS, Assistant Chief Sharp's fellow workers hold him in high regard and with great affection, and WHEREAS, Assistant Chief Sharp has ended many a long and gruelling fire fight with the simple but reassuring phrase "Let's Go Home"; now, therefore, be it RESOLVED, That the Common Council commends Assistant Chief Sharp for his many years of service to the City of Ithaca and, along with his co-workers, wishes him well. Carried Unanimously MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Nichols requested Council approval for the following appointments to the Commons Advisory Board with terms to expire as noted: Terrence Calhoun 524 Linn Street Term to expire December 31, 1994 Rob Gearhart 23 N. Miller Road Term to expire December 31, 1994 Nancy S. Lieberman 15 Cedar Lane Term to expire December 31, 1994 David Patz 171 East State Street Term to expire December 31, 1994 Jerry Martins 323 E. Seneca Street Term to expire December 31, 1995 Andrew Gillis 213 Cascadilla Park Term to expire December 31, 1995 (re-appointment) Allison A. Hogue 606 Utica Street Term to expire December 31, 1995 (re-appointment) Resolution By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the appointments to the Commons Advisory Board with terms to expire as listed above. Carried Unanimously Shade Tree Advisory Committee Mayor Nichols requested Council approval for the appointment of Cathy Emilian, 218 South Albany Street, to the Shade Tree Advisory Committee with a term to expire December 31, 1996. Resolution By Alderperson Hanna: Seconded by Alderperson Mackesey April 6, 1994 RESOLVED, That this Council approves the appointment of Cathy Emilian to the Shade Tree Advisory Committee with a term to expire December 31, 1996. Carried Unanimously Cable Commission Mayor Nichols requested Council approval for the appointment of Dick Cogger, 14 Dove Drive (to replace Peter Hess), with a term to expire December 31, 1997 and Harvey Gitlin, 2775 Slaterville Road (to replace Thomas Terrizzi), with a term to expire December 31, 1996. Resolution By Alderperson Hanna: Seconded by Alderperson Gray RESOLVED, That this Council approves the appointment of Dick Cogger and Harvey Gitlin to the Cable Commission with terms to expire December 31, 1997 and December 31, 1996, respectively. Carried Unanimously MAYORAL APPOINTMENTS NOT REQUIRING COUNCIL APPROVAL: Tompkins County Economic Opportunity Commission Mayor Nichols announced that he has appointed Pam Mackesey. Tompkins County Environmental Management Council Mayor Nichols announced that he has appointed Peter MacDonald, with a term to expire December 31, 1996. Tompkins County Planning Board Mayor Nichols announced that he has appointed Steven Ehrhardt, with a term to expire December 31, 1996. Neighborhood Advisory on the Central Processing Facility Mayor Nichols announced that he has re-appointed Andy Foster, with a term to expire December 31, 1996. He has appointed Sara Shenk as a liaison. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Post Office/Proposed Wal-Mart Fay Gougakis, 412 East Tompkins Street, spoke to Council regarding the necessity of keeping the Post Office downtown. She also spoke in opposition to Wal-Mart at the proposed location. "10,000 Promises for Parents" Campaign Mr. Tom McDonald, 202 Nelson Road, Chair of the Tompkins County "10,000 Promises for Parents" campaign, thanked Council for designating April as "Child Abuse Prevention Month". He handed out blue ribbons and pledge cards to members of Council. Fiber-Optic Network Alan Cohen, 302 East State Street, spoke to Council in support of the proposed Fiber-Optic Communication system between City Hall, Fire Department and Police Department that is on tonight's agenda. RESPONSE TO PUBLIC: Post Office Mayor Nichols responded to Ms. Gougakis' concerns about the Post Office being kept downtown. He assured everyone that the City is working very hard to keep a complete postal service in the downtown and discussions are continuing with the Postal Service to make sure a full range of services continue at this location. Wal-Mart Alderperson Schroeder stated that Wal-Mart is preparing a full Environmental Impact Statement and if anyone wishes to review it they may do so. There will be a public hearing forthcoming through the Planning and Development Board. The date will be publicized and everyone will be welcome to speak. April 6, 1994 REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following matters: Emergency Snow Routes - There was a meeting with Chief McEwen, Chief Wilbur and Superintendent of Public Works Gray regarding criteria about emergency snow routes. The Board has reviewed and revised the list and it has gone back to the Police and Fire Chiefs for final approval and a report will be made on the final decisions at the May meeting of Council. Spring Cleaning - The Department of Public Works crews have begun Spring cleaning of the streets. At this time residents can rake their curb lawns into the street. Yard Waste Collection Program - The program will continue through the Fall. This means that on the day that residents put out their trash, they can also put out yard waste. The yard waste should be in bags and containers, placed away from garbage and tree and shrub branches should be bundled with bundles not exceeding four feet in length. Commissioner Reeves answered questions from Council members. Board of Fire Commissioners - Commissioner Hamilton reported to Council on the following matters: E911 Task Force - The Board of Fire Commissioners, at their last meeting, passed a resolution endorsing the recommendations of the Tompkins County E911 Task Force. Emergency Medical Personnel Funding - The Board of Fire Commissioners passed a resolution in support of adequate funding of the emergency medical services personnel. The resolution will be sent to the County Board of Representatives. Volunteer Recruitment - The Board is getting input from the companies regarding a new process of recruiting, training and hopefully retaining the volunteer component of our fire fighting system. Building Department - Appearance Ticket Program Commissioner Eckstrom reported that they have been issuing appearance tickets for two months. There have been 146 tickets issued, involving 184 total inspector hours in both writing tickets and issuing warnings ahead of writing a ticket. Of that we have 51 paid tickets, 76 tickets still pending, 5 hearings are scheduled and the City Attorney has dismissed 14 tickets. He stated that the largest amount of tickets (113) was for sidewalk obstructions; 2 tickets were issued for illegal banners and pennants and other advertising; 13 for portable signs; 12 for garbage and refuse handling (all on residential property); 3 for open area maintenance (litter), 1 ticket was issued for failure to maintain a minor accessory structure; 1 ticket for removal of uncollected garbage and 1 for front yard parking. Discussion followed on the floor and Building Commissioner Eckstrom answered questions from Council members regarding this process. COMMUNICATIONS FROM THE MAYOR: Tree City Mayor Nichols announced that the City has been named a "Tree City" once again. There will be an official program regarding the award on Arbor Day at the end of April. Enhancement Program for Bicycle Plan Mayor Nichols reported that the City received approval for the application that was submitted to the Tompkins County Enhancement April 6, 1994 Program regarding the bicycle plan. The City received $80,000, we have to put in $20,000, thus we have $100,000 for planning and implementation of a bicycle plan. Northside Land Use Issue Mayor Nichols stated that because of the various elements that are concerned in the northside area, he has reactivated a Northside Land Use Committee. The group has been working to bring all interested parties together, including people in the neighborhood and the Parks Commission, to look at that plan again and to come up with an overall plan that, as best we can, meets everyone's needs. REPORT OF CITY CLERK: Polling Locations City Clerk Paolangeli reminded Council members that polling locations need to be designated at the May meeting. If anyone has concerns about the locations in their Ward, they need to see her before the May meeting. Tompkins County Assessment Board of Review City Clerk Paolangeli reminded Council members that they need to make two appointments (Council appointments) to the Tompkins County Assessment Board of Review which will be meeting on Tuesday, May 17, 1994. REPORT OF CITY ATTORNEY: City Attorney Guttman reported that a suit was brought against the City by Betsy Darlington, individually and as Chairperson of the Conservation Advisory Council, and also by Marty Blodgett and Paul Glover, challenging a decision of the Board of Zoning Appeals, which in November 1992 granted an application for a Use Variance in connection with the Wal-Mart proposal. The Appellate Division dismissed the case. BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 Commons Coordinator - Request to Sign Simeon's Revocable License Agreement By Alderperson Johnson: Seconded by Alderperson Efroymson WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore be it RESOLVED, for the year 1994, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Simeon's Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $500,000.00 and Commons Advisory Board approval for outdoor dining permits. April 6, 1994 Carried Unanimously * 15.2 Department of Public Works - Request to Establish Capital Project for Fiber Optics Communications System By Alderperson Johnson: Seconded by Alderperson Mackesey WHEREAS, the Fire and Police Departments have expressed a need for an emergency communications network between these buildings and City Hall, and WHEREAS, the City has the opportunity to install a series of underground conduits from Central Fire Station to City Hall and the Police Department for a fiber optic communication network system related to emergency communication services and to do so at a reduced cost, and WHEREAS, installation of the conduits must be completed prior to the State DOT's completion of the reconstruction of Green Street, and WHEREAS, the DPW has estimated the total cost of the Fiber Optic Communication Network System project to be approximately $130,000, including all appropriate equipment connection between and among the Central Fire Station, City Hall, and Police Department; now, therefore, be it RESOLVED, That Capital Project #288 Fiber Optic Communication Network System be established in the amount of $130,000 to provide for the installation and connection of a fiber optic communication network system between and among the Central Fire Station, City Hall, and Police Department, and be it further RESOLVED, That the funds will be derived from the issuance of Serial Bonds for said project, and be it further RESOLVED, That a sub-committee, consisting of the B & A Chairperson, Vice-Chairperson, and the Mayor, be established to determine, prior to release of request for bids, if the Fiber Optic Communication System is a cost effective solution to the said communication problem. Extensive discussion followed on the floor. City Controller Cafferillo answered questions from Council members. A vote on the resolution resulted as follows: Carried Unanimously 15.3 Department of Public Works - Snow Removal Budget Adjustment -Report City Controller Cafferillo referred to a memo from Asst. Supt. Ferrel on snow removal costs for the 1993-1994 winter season. He reported that the total costs were $221,000. The Budget and Administration Committee has been meeting with the Department of Public Works and they will bring proposals for consideration by Common Council to the May Council meeting. *15.4 Mayor - Request to Release Restricted Contingency Funds for Lay Advocate Program By Alderperson Johnson: Seconded by Alderperson Thorpe WHEREAS, a revised plan, which is on file in the City Clerk's Office, dated March 25, 1994, for the implementation of a Community-Police Advocates Program has been submitted by the Community Dispute Resolution Center, and WHEREAS, Common Council has reviewed and accepted said proposal, which provides for the goals of the Community Police Advocates Program and the program components including the recruitment and training of Community-Police Advocates, the manner in which a citizen can initiate action, a procedure for direct conciliation April 6, 1994 between individual police officers and citizens with concerns, publicity about citizen options for resolving concerns with the police, and data collection and reporting, and WHEREAS, it is understood that upon approval by this Common Council, the program shall be initiated except that the portion of the program relating to direct conciliation between individual police officers and citizens with concerns will only be put into place upon approval of all relevant parties; now, therefore, be it RESOLVED, That $8,000.00 be transferred from account A1990, Restricted Contingency to account A1012-435, Contractual Services with Community Service Agencies, for said purpose; and be it further RESOLVED, That Common Council hereby approves and endorses the said Community-Police Advocates Program; and be it further RESOLVED, That the Mayor is authorized to enter into a contract with Community Dispute Resolution Center for the provision of the said services to the City of Ithaca for the sum of $8,000.00 as set forth in the budget. Ms. Judith Saul, representing the Community Dispute Resolution Center, spoke to Council regarding the program and how it will work. Extensive discussion followed on the floor, with Ms. Saul answering questions from Council members. A vote on the resolution resulted as follows: Carried Unanimously * 15.5 Planning Department - Request Funding for Environmental Site Assessment Phase I for Southwest Park By Alderperson Johnson: Seconded by Alderperson Schroeder WHEREAS, the Planning Department has requested and received proposals to perform an Environmental Site Assessment Phase I for Southwest Park (approximately 55 acres) and an adjoining City Parcel (approximately 6.6 acres), and WHEREAS, the Environmental Site Assessment Phase I will include an historical study of the Southwest Park and the adjoining City Parcel, which will be needed for ascertaining the value of the area to be alienated and would be a prerequisite for any disposition of said properties, and WHEREAS, the Planning Department staff has reviewed the proposals and recommends the firm of Stearns and Wheler, Inc. be hired to perform said environmental site assessment of the said properties at a cost of $3,500; now, therefore, be it RESOLVED, That the firm of Stearns and Wheler, Inc. be hired to perform an Environmental Site Assessment for Southwest Park and the adjoining City Parcel at an amount not to exceed $3,500, and be it further RESOLVED, That the funds for said environmental site assessment be derived from Capital Project #208 Southwest Park Development. Carried Unanimously * 15.6 Attorney - Contract C.S.E.A. D.P.W. Unit By Alderperson Johnson: Seconded by Alderperson Shenk RESOLVED, That the agreement between the City of Ithaca and the C.S.E.A. D.P.W. Unit for a new four-year contract commencing January 1, 1994 and expiring on December 31, 1997, 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, subject to ratification by said Bargaining Unit. April 6, 1994 Carried Unanimously * 15.7a Attorney - Request Funds for Services Related to Acquisition of Real Estate (Mancini) By Alderperson Johnson: Seconded by Alderperson Thorpe WHEREAS, the City has determined that the acquisition of the so- called Mancini property, which adjoins Cass Park, would be favorable to the City, and WHEREAS, the City needs to proceed with the acquisition of the Mancini property by the process of condemnation and an updated appraisal of said property must be completed; now, therefore, be it RESOLVED, That the City enter into the process of the acquisition of the Mancini property by condemnation, and be it further RESOLVED, That an amount not to exceed $2,500 be transferred from Account A1990 Unrestricted Contingency to Account A1420-435 Law Contractual for purposes of funding an updated appraisal for said property. Carried Unanimously * 15.7b Attorney - Acquisition of Property By Alderperson Johnson: Seconded by Alderperson Mackesey WHEREAS, this Common Council has initiated a proceeding to consider the advisability and necessity of the City acquiring, pursuant to eminent domain, the approximately 5.363 acre parcel of land known as tax parcel #42-2-2.2, which property is currently believed to be owned by Earland Mancini and Robert Mancini, and WHEREAS, the City of Ithaca has held on April 6, 1994 at the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York, a public hearing for the purpose of describing and soliciting public comment on this proposal; now therefore, be it RESOLVED, That based on information received by Common Council at such public hearing and the information already in possession of Common Council, this Common Council makes the following findings of fact: 1. The 5.363 acre parcel of land known as tax parcel #42- 2-2.2 is located immediately adjacent to Cass Park. 2. The subject parcel of land does not currently contain frontage on any public highway. 3. It is expected that in the near future there will be a major realignment of the road system in this area of the City. 4. As a result of the realignment of the road system in this area of the City, there may be significant changes in the physical appearance of this parcel and the immediately surrounding land; a major change in traffic pattern; a major change in land use in the surrounding area; and impacts directly on Cass Park. 5. It would be in the public interest and benefit for a portion of the subject tax parcel to be dedicated as park land to be combined with Cass Park. 6. That it would also be in the public interest and benefit and necessary for the City that the remainder of the parcel be acquired to be used for recreational purposes connected with Cass Park and to serve as a buffer for Cass Park. April 6, 1994 It would not be in the interest of the City of Ithaca to dedicate the remainder of this parcel as park land at this time until the City has had an opportunity to study the impacts on traffic patterns, land use, recreation opportunities, etc. resulting from the Route 96 project. 7. The acquisition of this parcel by the City and its dedication to park land and as a buffer for Cass Park with recreational uses would provide additional recreational opportunities in the City of Ithaca and would expand and protect Cass Park, and be it further RESOLVED, That the City hereby determines that it is necessary and would serve a public use for the City to acquire the premises pursuant to the Eminent Domain Procedure Law and directs the City Attorney to proceed to acquire the premises, and be it further RESOLVED, That the City Clerk is directed to publish a synopsis of this determination and findings. Extensive discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Johnson, Thorpe, Hanna, Sams, Mackesey, Gray, Schroeder, Shenk Nay (1) - Efroymson Carried (8-1) * 15.8 Common Council - Request to Release Funds for Neighborhood Trash Program By Alderperson Efroymson: Seconded by Alderperson Johnson WHEREAS, Common Council placed $2,000 in the 1994 Restricted Contingency Account to fund the establishment and implementation of a City neighborhood trash program, and WHEREAS, the trash program has been established by Common Council and approved, in concept, by the Board of Public Works to assist in the beautification of the City, and WHEREAS, the established trash program would allow city residents to voluntarily pick up trash in their neighborhoods, and receive free trash tags from the City for the trash collected; now, therefore, be it RESOLVED, That $2,000 be transferred from Account A1990 Restricted Contingency to Account A1490-435 Public Works Administration Contracts to fund said neighborhood trash program. Alderperson Efroymson explained how the proposed program will work. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 15.9 Agreement with Ithaca Festival, Inc. By Alderperson Johnson: Seconded by Alderperson Mackesey WHEREAS, the City of Ithaca has previously agreed, and funded in its budget, a commitment to enter into an agreement with Ithaca Festival, Inc. which agreement would provide, among other things, that the City would provide certain sanitation services, police services and parking and traffic services to be paid for by Ithaca Festival, Inc. with the express understanding that the City would give to Ithaca Festival, Inc. a credit line of $5,670.00 to be applied against such City related costs for the Festival, and April 6, 1994 WHEREAS, Ithaca Festival, Inc. has requested, as a result of cash flow considerations, that the said $5,670.00 be advanced in cash at this time to Ithaca Festival, Inc., instead of being applied as a credit against the payment for City services; and WHEREAS, the City of Ithaca endorses the Ithaca Festival and acknowledges the benefit which will be provided to the citizens of the City of Ithaca by the Festival; now, therefore, be it RESOLVED, That the Mayor is authorized to execute an amended agreement with Ithaca Festival, Inc. which would provide that the said $5,670.00 will be advanced in cash at this time to Ithaca Festival, Inc. and that the total amount of services provided by the City as specified in that contract would then be paid by Ithaca Festival, Inc. to the City on or before July 1, 1994. Carried Unanimously * 15.10 Police Department - Creation of Interim Positions for Police Department By Alderperson Johnson: Seconded by Alderperson Hanna RESOLVED, That the Authorized Position Roster for the Police Department be hereby increased by two Police Officer positions on an interim basis, and be it further RESOLVED, That the two existing Police Officer positions that shall become vacant due to the promotion of two current Police Officers shall be deleted upon the promotion of the officers. Carried Unanimously RECESS: Common Council recessed at 9:15 p.m. and reconvened in regular session at 9:25 p.m. PLANNING COMMITTEE: * 16.1 A Local Law Amending Section 4-23 of the City of Ithaca Municipal Code Regarding the Planning and Development Board By Alderperson Schroeder: Seconded by Alderperson Hanna LOCAL LAW NO. ____ OF THE YEAR 1994 CITY OF ITHACA A Local Law amending Section 4-23 of the City of Ithaca Municipal Code regarding the Planning and Development Board. WHEREAS, the State of New York by Chapter 211 of the laws of 1993, among other things, amended the General City Law in relation to Planning Boards and repealed and amended certain provisions of the General City Law relating thereto, and WHEREAS, Chapter 211 does not apply to any city having a population having an excess of one million and accordingly is not a general law but rather a special law which, pursuant to the Municipal Home Rule Law, the City has the right and authority to supersede, and WHEREAS, the current Planning and Development Board of the City of Ithaca and this Council has reviewed Chapter 211 and believe that, considering the special circumstances of the City of Ithaca, it would be consistent with the best interest of the City of Ithaca to supersede certain sections of Chapter 211, and WHEREAS, in particular, considering the fact that this Council takes great interest in the make up of Boards and Commissions, that this Council believes it would be in the best interest of the City of Ithaca if members of the Planning and Development Board were appointed, and vacancies in the Board were filled, by the Mayor with the consent of Common Council instead of being appointed by the Mayor as provided in Chapter 211, and WHEREAS, in particular, considering that there are many Boards and Commissions in the City of Ithaca and accordingly, a great April 6, 1994 number of persons interested in the welfare of the City hold public office as a member of such Board or Commissions that therefore, it would be in the best interest of the City of Ithaca to allow more than a minority of the members of the Planning and Development Board to hold another public office or position in such City instead of requiring that not more than a minority of such Board shall hold any other public office or position in such city as provided in Chapter 211, and WHEREAS, on particular, considering that this Council has determined, that in order to provide maximum communication between this Council and the Planning and Development Board that a member of this Council sit as a member of the Board and that, to encourage maximum participation from such member it would be best to have that member be a voting member of the Board, instead of requiring that no member of the legislative body of the City be eligible for membership on the Board as provided in Chapter 211, and WHEREAS, in particular, considering that service on the Planning and Development Board requires a significant time commitment, that the City would have better success in recruiting the most qualified persons to serve on the Board if the term of office were less than 7 years and that therefore, it would be in the best interest of the City of Ithaca if the term of office for the members of the Planning and Development Board who are appointed from Common Council and the Board of Public Works shall be a term of 2 years to coincide with their term of office as members of Common Council and the Board of Public Works, and that the term of office for the remaining members of the Planning and Development Board be a term of 3 years instead of having the term of office of all members being equal in years to the number of members on the Board as provided in Chapter 211; now, therefore, be it ENACTED, by the Common Council of the City of Ithaca, New York: Section 1. That Section 4-23 entitled "Planning and Development Board" is hereby repealed in its entirety and replaced with the following language: "Section 4-23. Planning and Development Board. A. Creation, Appointment and Organization. 1. There shall be a Planning and Development Board, also known as the Planning Board, consisting of 7 members, each of whom shall be appointed by the Mayor with the consent of Common Council. There shall be one member from the Common Council and one member from the Board of Public Works. The Mayor shall appoint one member of the Planning and Development Board to serve as Chairperson. In the absence of a Chairperson, the Planning and Development Board may designate a member to serve as Chairperson. In making such appointments, the Mayor may require Planning and Development Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The term of office shall be three years and the terms shall be staggered, except for members who are appointed from Common Council and the Board of Public Works. With respect to those members the term of office shall be two years and shall coincide with their term of office as a member of Common Council or a member of the Board of Public Works. 2. Vacancy in Office. If a vacancy shall occur, otherwise than by expiration of term, the Mayor, with the consent of Common Council shall appoint a new member for the unexpired term. 3. Removal of Members. The Mayor shall have the power to remove, after public hearing, any member of the Planning and April 6, 1994 Development Board for cause. Any Board member may be removed for non-compliance with minimum standards relating to meeting attendance and training as established by the Common Council. 4. Compatibility of Officers. The municipal officials or employees on such Board 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 or position held by them during such membership. No municipal officer or employee shall be appointed to the Planning and Development Board in the event such officer or employee cannot carry out the duties of his or her position without a conflict in the performance of his or her duties as a member of the Board. 5. Chairperson Duties. All meetings of the Planning and Development Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. 6. Service on Other Planning Boards. No person shall be disqualified from serving as a member of the City Planning and Development Board by reason of serving as a member of a county Planning Board. 7. Rules and Regulations. The Planning and Development Board may recommend to the Common Council regulations relating to any subject matter over which the Board has jurisdiction under this article or under any other statute or under any other local law or ordinance of the city. B. Powers and Duties. Among its powers and duties, but not by way of limitation, shall be: 1. Carrying out the statutory responsibilities of a city planning board, including: (a) Receiving and acting upon subdivision and site plan review requests. (b) Making reports to the Board of Zoning Appeals, if it so chooses, concerning the granting of variances and special permits. (c) Advising the Common Council regarding the preparation and revision of the city ordinances related to planning, zoning, site plan review, signs, mobile home parks, subdivisions, historic landmarks and/or districts, land use and related subjects properly within its jurisdiction. (d) Reviewing major capital proposals for compliance with the comprehensive plan of the city and reporting thereon. (e) Developing and, as needed, amending the official City Map and directing the Engineering Division of the Department of Public Works to reflect these decisions in the preparation and promulgation of the City Map. 2. Initiating, preparing and adopting a comprehensive plan for the city for subsequent adoption by the Common Council, with staff service provided by the Director of Planning and Development. 3. Reviewing periodically, preparing and adopting amendments to the comprehensive plan for subsequent adoption by the Common Council. April 6, 1994 4. Making recommendations to the Board of Public Works and the Common Council regarding the siting of major public improvements serving the city, in accordance with the comprehensive plan. 5. Making recommendations to the Common Council and the Board of Public Works concerning the sale, purchase or use of city lands and buildings. 6. Initiating and supervising the development of a data base, including the demographic, economic, social and business data to support the economic and social needs and opportunities of the city. 7. Considering, advising upon and supporting appropriate capital, economic and social programs for the benefit of the city and its people. 8. Assisting the Director of Planning and Development in locating and developing sources of financial and other assistance for physical, economic and social development, and recommending appropriate action by the Common Council concerning the same. 9. Advising and assisting in making relevant neighborhood and functional area studies, including, but not limited to, economic development, transportation, recreation, housing, delivery of human services and environmental systems throughout the city. 10. Making recommendations concerning the annual work program for the Department of Planning and Development for subsequent adoption by the Common Council. 11. Making recommendations to the Director of Planning and Development concerning the organization, budget and internal operations of the Department of Planning and Development. 12. Serving as a link between the city government and organizations and private citizens in its field of interest and competence. 13. Undertaking such related functions and duties as shall be requested of it by the Mayor or Common Council." Section 2. Effective Date. This Local Law shall take effect immediately after filing with the office of the Secretary of State. (Effective Date: April 21, 1994) Alderperson Schroeder explained the proposed changes which would be made to the Local Law. A vote on the Local Law resulted as follows: Carried Unanimously * 16.2 An Ordinance Amending Section 170-9 of Chapter 170 Entitled "Encroachments" of the City of Ithaca Municipal Code, Regarding Marquees, Canopies and Sunscreens By Alderperson Schroeder: Seconded by Alderperson Johnson ORDINANCE NO. 94 - An Ordinance amending Chapter 170 entitled "Encroachments" 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 170 entitled "Encroachments", of the City of Ithaca Municipal Code is amended as follows: April 6, 1994 1. That Section 170-9 entitled "Marquees, canopies and sunscreens", is hereby amended to read as follows: "170-9. Marquees, canopies and sunscreens. A. Location and installation specifications. Marquees, solid canopies or sunscreens with a structural metal framework may be placed over the entrances and fronts of stores, theaters and hotels and may extend to within eighteen inches (18") of the curb only on streets where the sidewalk occupies the entire space from the building line to the curb. The top, front and sides of such structures may incorporate wire glass, shatter-proof glass or other safe transparent or translucent material intended to admit light to the sidewalk below or to allow illumination of any sign attached to or behind the front or sides of the marquee. The lowest edge of any marquee, canopy or sunscreen shall not be less than nine and one-half (9 1/2) feet above the sidewalk, provided that the lowest edge of any portion of any marquee, canopy or sunscreen that is located within four (4) feet of the building shall not be less than eight (8) feet above the sidewalk. Such structures must be securely fastened to the building, supported as to outward projection by means of tie rods or chains securely fastened both to the structure of the marquee, canopy or sunscreen and to the structure of the building above it. Ornamental iron or steel brackets may also be included in the design of such marquees and may extend down on the wall of the building to a point not less than eight (8) feet above the sidewalk at the wall of the building. Electric lights may be used in the illumination of marquees. B. Conditions prerequisite to installation and operation. (1) Approval of design. Before erecting any marquee, canopy or sunscreen, the person or persons desiring to erect the same shall submit to the Building Commissioner a request, in writing, together with a drawing or cut of the proposed device showing clearly its design and method of construction and attachment. (2) Disapproval of design by the Building Commissioner. Should the Building Commissioner disapprove an encroachment for any reason, he/she shall notify the applicant by the most expedient means, stating the reasons for such disapproval. In the event that no agreement on an acceptable encroachment design is reached between applicant and the Building Commissioner, the applicant shall have the right to appeal the Building Commissioner's decision to the Planning and Development Board, unless the property in question has been designated an historic landmark or is within an historic district, in which event, the appeal shall be to the Ithaca Landmarks Preservation Commission. In issuing its determination the Planning and Development Board or the Ithaca Landmarks Preservation Commission, as the case may be, may solicit the opinions of the Superintendent of Public Works, the Police Chief, the Fire Chief, the Director of Planning and Development and if applicable the Commons Coordinator. (3) Issuance of permit. In the event of approval by the Building Commissioner or of approval by the Planning and Development Board or the Ithaca Landmarks Preservation Commission in case of an appeal, the Building Commissioner shall issue the requested permit if all other requirements of this Chapter are met. In no case shall an applicant April 6, 1994 begin construction or erection of any encroachment without a valid permit therefor." SECTION 2. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. (Effective Date: April 12, 1994) Carried Unanimously * 16.3 An Ordinance Amending Section A352-3 of Chapter 352 Entitled "Commons Operations Manual and Vending Cart Regulations" of the City of Ithaca Municipal Code, Regarding Marquees, Canopies and Sunscreens By Alderperson Schroeder: Seconded by Alderperson Mackesey ORDINANCE NO. 94 - An Ordinance amending Chapter A352 entitled "Commons Operations Manual and Vending Cart Regulations" 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 A352 entitled "Commons Operations Manual and Vending Cart Regulations" of the City of Ithaca Municipal Code is amended as follows: 1. That Section A352-3(A)(2) is hereby amended to read as follows: "(2) Type, size and placement of private advertising and identification signs on the Commons in accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private advertising and/or identification sign is in connection with a marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments." 2. That Section A352-3(B)(3) is hereby amended to read as follows: "(3) Public and private construction, renovation and rehabilitation of building facades and open spaces (parking areas, entries, etc.) and demolition in the Tax Benefit District. Review shall be in terms of aesthetic character, visual effect and operational impact, provided that such review and advice shall not be required when the construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where the approval for such marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments." SECTION 2. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. (Effective date: April 12, 1994) Carried Unanimously * 16.4 An Ordinance amending Chapter 170 entitled "Encroachments" of the City of Ithaca Municipal Code. By Alderperson Schroeder: Seconded by Alderperson Johnson ORDINANCE NO. 94 - An Ordinance amending Chapter 170 entitled "Encroachments" of the City of Ithaca Municipal Code. April 6, 1994 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That Section 170-5 entitled "Permit Duration and Fees" of Chapter 170 entitled "Encroachments" of the City of Ithaca Municipal Code be amended as follows: "Section 170-5. Permit Duration and Fees. A. All permits and renewals thereof shall expire on the first day of the third January following their date of issuance or renewal, it being the intention that such permits and renewals thereof shall be valid for a period in excess of two years and not more than three years. B. The fee for a permit and for each additional entry of an encroachment thereon shall be One Hundred Dollars ($100.00); and the fee for each renewal of such permit, including all additions, shall be Fifty Dollars ($50.00); and any such fee unpaid at the next lien date for City taxes shall thereupon become a lien against said property and be collected as provided by law. SECTION 2. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. (Effective Date: April 12, 1994) Carried Unanimously * 16.5 An Ordinance amending Chapter 146 entitled "Building Construction" of the City of Ithaca Municipal Code. By Alderperson Schroeder: Seconded by Alderperson Efroymson ORDINANCE 94 - An Ordinance amending Chapter 146 entitled "Building Construction" 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 146 entitled "Building Construction" of the City of Ithaca is amended as follows: 1) That subdivision C.(3) of Section 146-7 entitled "Building Permits" is hereby amended to read as follows: "(3) Any amendment to the application or the plans or specifications upon which the building permit has been issued must be filed and an amended building permit obtained prior to the commencement of any work which is either inconsistent with or in addition to the application or the plans or specifications upon which the building permit has been issued. If there is an increase in the value of the project as a result of the amendment, an additional fee shall be paid for that increase, based on the fee schedule above. If there is no increase in the value of the project as a result of the amendment, but additional plan review time is incurred, an additional fee of twenty-eight dollars ($28.00) per hour shall be paid for the additional plan review time." 2) That subdivision G of Section 146-15 entitled "Demolition" is hereby repealed. SECTION 2. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. (Effective date: April 12, 1994) Carried Unanimously * 16.6 Endorsement of State Enabling Legislation Authorizing Cities to Use Residential Parking Permits April 6, 1994 By Alderperson Schroeder: Seconded by Alderperson Thorpe WHEREAS, the City of Ithaca's Common Council has previously passed a Home Rule Message requesting State authorization to enact a local Resident Parking Permit System, and WHEREAS, such a special Act for the City of Ithaca was not approved by the State Legislature, and WHEREAS, in the absence of such enabling legislation, the City of Ithaca does not have the authority to enact a Resident Parking Permit System, and WHEREAS, there are bills before the State Senate and Assembly known as S.2919 and A.4882, respectively, which will enable local governments in New York State to establish and operate Resident Parking Permit Systems within their borders, and WHEREAS, the Common Council may, some time in the future, investigate the possibility of establishing such districts in various neighborhoods in the City of Ithaca, now, therefore be it RESOLVED, That the Common Council does hereby express its support for S.2919 and A.4882, and urge Senator James L. Seward and Assemblyman Martin A. Luster to support the aforementioned bills and, be it further RESOLVED, That the Common Council does express its appreciation to Assemblyman David F. Gantt for his support of this legislation and to Assemblyman Martin A. Luster for his co-sponsorship of the bill and, be it further RESOLVED, That the City Clerk be directed to transmit a true and exact copy of this resolution to Senator Seward, Assemblyman Gantt and Assemblyman Luster. Carried Unanimously INTER-INSTITUTIONAL COMMITTEE: Update on Fire Contract - Report Alderperson Efroymson reported that the Town of Ithaca's fire contract with the City of Ithaca for fire protection expires on December 31, 1994. We need to have a new contract in place at that time. Representatives from the City and Town are meeting and will continue to do so. He urged any Council members who may have input for the procedure to attend the Inter-Institutional Committee meetings. Cornell University/Ithaca College - Report Alderperson Efroymson reported that Cornell makes a voluntary contribution each year to the City in lieu of any taxes that it might pay for service that it actually gets from the City. For example, in 1993, 19.3% of all the calls that the Fire Department responded to were from Cornell University. Alderperson Efroymson reported that Ithaca College makes no voluntary contribution for fire protection. He stated that these matters will be on the agenda for the Inter-Institutional Committee in the forthcoming months. YOUTH COMMITTEE: * 18.1 City/School District Partnership Resolution By Alderperson Shenk: Seconded by Alderperson Johnson The Youth Committee of the Ithaca Common Council was created this year to focus particular energy and attention on improving the lives of young people in our community. We believe that, like the Ithaca City School District, the City of Ithaca has a clear and vested interest in the educational success of our young people. Statistics available from the CAR report, and census figures gathered for the city's Economic Development Zone application, indicate that our school system is not meeting the needs of all April 6, 1994 of our students - most notably African American, Latino and economically disadvantaged youth. These statistics also require the city to find better ways to address the underlying problems which create roadblocks to success, such as unemployment, crime, drug and alcohol addiction. One way the city plans to begin addressing these issues is to foster clear communication and coordination among youth service providers. Common Council and the Ithaca School Board in their policy-making roles need to work together if we are to make a significant impact on the lives of our young people. As policy-making bodies we have parallel tasks, each being influenced and impacted by the actions of the other. With good communication and a commitment to solicit and utilize community input, our efforts can complement and build on each other. RESOLVED, That as first steps in forging an enduring city/school district partnership, the Common Council in conjunction with the Youth Committee recommends the following: 1) the Mayor appoint a liaison from Common Council to the School Board; 2) the School Board president be asked to appoint a liaison to Common Council's Youth Committee, and 3) a copy of this statement be forwarded to the School Board and to the Superintendent. Alderperson Shenk explained the need for the City/School District Partnership. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously ECONOMIC DEVELOPMENT COMMITTEE: * 19.1 Authorization to Execute Lease with Stewart Howe Alumni Service of Ithaca in the Carpenter Business Park By Alderperson Mackesey: Seconded by Alderperson Johnson WHEREAS, Stewart Howe Alumni Service, a business providing alumni services to college organizations and located in the City of Ithaca since the 1920's, has outgrown the space available in its current location at 317 West State Street, and WHEREAS, Stewart Howe has not been able to find suitable and affordable space in the Central Business District and is, therefore, considering moving out of the CBD and possibly the city, and WHEREAS, it is in the city's interest to maintain this business and its existing sixteen jobs in the city, and WHEREAS, Stewart Howe is a business which meets the terms of the leasing policy for Carpenter Business Park, and WHEREAS, the company expects to continue its past growth and expand its employment, and WHEREAS, Stewart Howe Alumni Service is a business wholly owned by Peter McChesney, and WHEREAS, Peter McChesney has already made arrangements for financing including a first mortgage loan in the amount of $202,500.00 from a local lending institution and $170,000.00 to be secured by a second mortgage to the Empire State Certified Development Corporation, which mortgage will immediately be assigned to the United States Small Business Administration pursuant to the SBA 504 Debenture Loan Program, and WHEREAS, the Economic Development Committee of the Ithaca Urban Renewal Agency has recommended that the Ithaca Urban Renewal April 6, 1994 Agency execute a lease agreement with McChesney: now, therefore, be it RESOLVED, That the Mayor, as Chair of the Ithaca Urban Renewal Agency and subject to the advice of the Director of Planning and Development and the City Attorney, is authorized to execute the standard Carpenter Business Park lease agreement with Peter McChesney for an approximately three-quarter acre site in Carpenter Business Park, subject to the following modifications to the standard lease agreement. Said lease agreement will have a clause specifying performance in a timely manner which, if not met, will cause cancellation of the lease. The standard lease agreement will be modified as follows: 1. The term of the lease, instead of being for a period of 20 years, will run for a period of 21 years after the lessee has obtained a certificate of occupancy for the structure which will be constructed on the premises. 2. The lessee will have the option of purchasing the premises at any time between the beginning of the twentieth year of the lease and the termination of the lease. 3. The Ithaca Urban Renewal Agency shall execute a mortgage to the Empire State Certified Development Corporation, which mortgage shall be assigned to the U.S. Small Business Administration mortgaging the fee title to the premises which mortgage shall provide that the lease conditions shall be included as restrictive covenants shall run for a period of 20 years and the beginning of the lease term. 4. The Lessee shall secure the payment of the option price ($34,686.00) by depositing in escrow or otherwise providing appropriate security that if the lessee defaults in his mortgage with the U.S. Small Business Administration forecloses on the premises, that the City will receive a $34,686.00 option price. The terms of such escrow arrangement or security shall be approved by the Controller and the City Attorney, and be it further RESOLVED, That the Mayor, as Chair of the Ithaca Urban Renewal Agency, and subject to the advice of the Director of Planning and Development and the City Attorney, is authorized to execute the aforesaid mortgage to the Empire State Certified Development Corporation to be assigned to the U.S. Small Business Administration. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:10 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor