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HomeMy WebLinkAboutMN-CC-1996-05-01 i COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7: 00 P.M. May 1, 1996 PRESENT: Mayor Cohen Alderpersons (9) - Blumenthal, Marcham, Johnson, Gray, Thorpe, Shenk, Hanna, Efroymson, Mackesey EXCUSED: Alderperson Sams OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Planning and Development Director - Van Cort Superintendent of Public Works - Gray Acting Police Chief - Barnes Fire Chief - Wilbur Board of Public Works Commissioner - Reeves Commons Coordinator - Deming Community Development Administrator - Stevenson PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the March 6, 1996, April 3, 1996, April 8 , 1996 and April 17, 1996 Common Council Minutes was postponed. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Shenk requested the addition of Item 17 . 7 - Approval of CSEA Administrative Unit Contract - Resolution. No Council. member objected. Alderperson Shenk requested the deletion of Item 17 .4 Finance/Controller -Request to Amend Personnel Roster - Resolution . No Council member objected. Executive Session Mayor Cohen requested an Executive Session at the end of the meeting regarding pending litigation. No Council member objected. COMMON COUNCIL APPOINTMENTS: Local Board of Assessment Review By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That Marty Preston and Susan Blumenthal be appointed to the Local Board of Assessment Review for 1996 . Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Festival Lands Ms . Doria Higgins, Town of Ithaca, representing Citizens to Save our Parks, addressed Council regarding a proposal that New York State Parks give the City a strip of land on the north boundary of the Hangar Theater in recompense for City land which was given to State Parks during the Allan H. Treman Marina expansion in 1984 . 1 Neighborhood Issues The following persons spoke to Council regarding Northside neighborhood issues including drugs, crime, and juvenile delinquency. Mr. Jim Hardesty, City of Ithaca Ms . Flora Sagan, City of Ithaca Ms . Barbara Balluffi, City of Ithaca Oft Ms . Judy Hardesty, City of Ithaca Court Watch Proposal WWI Mr. Paul Bennett, City of Ithaca, addressed Council regarding the Court Watch proposal . He noted his opposition to the proposal and urged Council to proceed with extreme caution. Proposed Cliff Street Parking Lot Mr. George Frantz, City of Ithaca, urged Council to support the proposed neighborhood parking lot on Cliff Street as well as the connecting pedestrian path to Cass Park. RESPONSE TO PUBLIC: Alderpersons Johnson and Efroymson responded to the concerns of the residents of the northside. Alderperson Hanna commented on the Resolution to be considered tonight regarding a hiring policy for seasonal employees as it relates to hiring City residents/youths . He further stated that he has contacted the Tompkins County Youth Bureau and requested a meeting with the Housing and Homelessness Task Force for Youth to discuss the issue of emergency shelter closings . Alderperson Hanna also suggested changes to YES money appropriations, and requested that government entities and community members support the Human Service workers who are trying to make changes, and assist the wow young people in our communities . REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported on the following: The Board met with the Ithaca Festival Director to discuss details of the Festival contract with the City, including the Department of Public Works and Police Department expectations, and City costs associated with the Festival . The Board approved the contract on April 10, 1996 . The Board approved funding to begin replacing wastewater monitoring station meters at the Wastewater Treatment Plant . The Board authorized the Superintendent to approve Simeon' s request for an outdoor dining permit on the Aurora Street side of the restaurant . Two more requests were received for outdoor dining permits on Aurora Street, one was Viva Tacoria and the other is Osteria Peasana. The Board passed a resolution for 30-day revocable licenses for Viva Tacoria and Osteria Peasana. The Osteria Peasana request will come before Council due to their request to sell alcoholic beverages . The Board passed a resolution awarding a bid for the food concession at Newman Golf Course. The Babe Ruth League presented a proposal to the Board and the Parks Commission for improvements to the baseball fields at Cass Park. The improvements will be funded and maintained by the Babe Ruth League, and both the Parks Commission and the Board passed resolutions in favor of this proposal . The Babe Ruth League has ensured that the ball fields shall remain available to the general public . 2 r J1 The Farmer' s Market has proposed to finance and build a dock at the Steamboat Landing site . They have obtained the necessary State permits, and under the terms of their lease they do not need City approval . The Board did review the plans however, and passed a resolution in support of the project . COMMUNICATIONS FROM THE MAYOR: Proclamations Mayor Cohen announced the following proclamations for the month of May: Suicide Prevention Week - first week of May Suicide Survivors Day - May 4 Ditch the Diet Day - May 6 One-to-One Friendship Week - April 29 through May 4 Letter of S pathv Mayor Cohen noted the death of Dennis Jones, one of the City' s auditors, and stated that a letter will be forwarded to Mr. Jones' family expressing our condolences . Letter from Mr. Crowle Fire Fighters Association Mayor Cohen read a letter from Mr. Jim Crowley commending Bill Harding, John Cook, Roy Trask, Mike Hagin, Bastion Friend, Charlie Mosher, and Rich Tracy for their response to an emergency medical situation. Fire Chief Wilbur stated that the Ithaca Fire Department and Bangs Ambulance crew was awarded the Crew of the Month award from the Regional Council . They have also been awarded the Star of Life Award, which is the highest award available from the Regional Emergency Medical Advisory Council . Letter from Allen Green Mayor Cohen read a letter from Allen Green, Acting Director of the Youth Bureau, commending Engineer Tom West for his hard work and dedication to the Youth Bureau renovation project . State Aid Report Mayor Cohen stated that the Governor is attempting to accelerate the state tax per capita payment schedule . City Controller Cafferillo reported that he has been contacted by a representative of the State Budget Office who stated that the March, 1997 payment will be forwarded to the City in December of 1996 . He further explained the advantages to receiving the money ahead of schedule. REPORT OF THE CITY CLERK: Designation of 1996 Polling Locations By Alderperson Thorpe: Seconded by Alderperson Mackesey RESOLVED, That the following sites be designated as 1996 Polling Locations : FIRST WARD: 1st District Alternative Community School Chestnut Street 2nd District Alternative Community School Chestnut Street 3rd District Titus Towers 800 S Plain Street 4th District South Hill School 520 Hudson Street Sth District South Hill School 520 Hudson Street SECOND WARD: 1st District GIAC 300 W Court Street 2nd District GIAC 300 W Court Street 3rd District Central Fire Station 310 W Green Street 4th District Central Fire Station 310 W Green Street 3 r � F- THIRD WARD: 1st District Willard Straight Hall Central Ave, Cornell 2nd District Belle Sherman Annex Cornell Street 3rd District Belle Sherman Annex Cornell Street FOURTH WARD: 1st District Noyes Center 635 Stewart Avenue 2nd District #9 Fire Station 309 College Avenue 3rd District #9 Fire Station 309 College Avenue FIFTH WARD: *WW 1st District #7 Fire Station 1012 N Tioga Street 2nd District Fall Creek School King Street 3rd District Robert Purcell Union Jessup Rd, Cornell 4th District Fall Creek School King Street Carried Unanimously YOUTH AWARD: Alderperson Thorpe announced that the Youth Award is being presented to Jason Weitzen, a student at the Alternative Community School . She noted Jason' s contributions to area youth who are questioning their sexuality, through his flyers, answering service, and Web page. LAW AND GOVERNANCE COMMITTEE: An Ordinance Amending Sections 210-10, 210-12, 210-25, of Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code By Alderperson Efroymson: Seconded by Alderperson Shenk WHEREAS, there is a lack of affordable housing in Ithaca, and WHEREAS, compliance with sections of the current City Housing Code, with respect to existing buildings, may place a financial burden on the owners of such buildings that will be passed on to tenants, and WHEREAS, the City Housing Code contains sections that are more stringent than the New York State Uniform Fire Prevention and Building Code because of recent changes to the State code which relax the standards for existing buildings in certain instances, and WHEREAS, the Building Commissioner has examined the City Housing Code and determined that the proposed changes will not result in significantly lower standards for individuals and families; now, therefore Ordinance 96 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows : Section 1. Section 210-10 of Chapter 210 entitled "Housing Standards" of the City of Ithaca Municipal Code is hereby amended as follows : Section 210-10 Habitable Space A. Size (1) . In one or two family dwellings habitable space shall have a minimum ceiling height of six (6) feet eight (8) inches. [seven (7) feet six (6) inches] over fifty percent (50%) of the floor area_[, and the floor area where the ceiling height is less than five (5) feet shall not be considered in computing floor area. ] In multiple dwellings habitable space shall have a minimum ceiling height of seven (7) feet over fifty percent (50%) of the floor area The floor area where the ceiling height is less than five (5) feet shall not be considered in computing floor area. 4 [ (2) . A dwelling unit shall contain at least one (1) habitable room having a minimum of one hundred fifty (150) square feet of floor area and a minimum horizontal dimension of ten (10) feet . (3) . Kitchens shall have a minimum of sixty (60) square feet of floor area, and other habitable spaces shall contain not less than eighty (80) square feet of floor area and shall have a minimum horizontal dimension of seven (7) feet . ] (2) • [ (4) . ] Every alcove less than sixty (60) square feet in area, except a cooking space or foyer, shall be deemed to be part of a habitable room. The area of the opening in the dividing partition between the alcove and the room shall be at least eight percent (800) of the wall area of such partition, measured on the alcove side, but not less than forty (40) square feet . The depth of such alcove shall not exceed half its width. The floor area of the alcove shall be added to the floor area of the room in determining light and ventilation requirements for the room. An alcove with an area of sixty (60) square feet or more, but less than the required area of a habitable room, shall be separately lighted and ventilated as required for habitable space . B. Basements . A basement shall be deemed habitable space only if it complies with all of the following requirements : (1) . Windows are provided on at least [more than] one (1) wall . D. Miscellaneous requirements (2) . Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy. Sleepingr rooms shall not be used as the only means of access to other sleeping rooms or habitable space. Section 2 . Section 210-12 is hereby amended to read as follows : Section 210-12 . Nonhabitable space . A. Height . Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of six (6) feet (8) inches [seven (7) feet] measured from floor to ceiling. B. Toilet rooms and bathrooms . (6) . In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof . Such waterproofing shall extend four (4) [six (6) ] inches or more above floors, except at doors, so that floors can be flushed or washed without leaking. Section 3 . Section 210-25 is hereby amended to read as follows : Section 210-25 . Heating A. General requirements (1) Residential buildings intended for occupancy between the first day of September [November] and the thirty first day of May of the following year shall be provided with heating equipment designed to maintain a temperature of not less than sixty- eight degrees Fahrenheit (68 degrees F. ) at a distance of two 2 [three (3) ] feet and more from exterior walls and at a level of five (5) feet above the floor in habitable 5 spaces, kitchenettes, bathrooms and toilet rooms . The capability of the heating equipment to maintain such indoor temperature shall be based on the average of the recorded annual minimum outside temperatures for the locality. (2) . In residential buildings when a tenant does not have access to individual heating control devices or his/her device controls the temperature of other dwelling units, adequate heat shall be provided to maintain the indoor temperature in ow habitable spaces, kitchenettes, bathrooms and toilet rooms at sixty-eight degrees Fahrenheit (68 degrees F. ) when the too outside temperature falls below fifty-five degrees Fahrenheit (55 degrees F. ) between the first day of September and the thirty first day of May [first day of June] . Section 4 . This Ordinance shall take effect immediately in accordance with law upon publication of notices provided in the Ithaca City Charter. Alderperson Efroymson explained that the amendments to this Ordinance bring the City into compliance with amendments made to the New York State Code . The objective of these amendments is to lessen the burden of the property owners to apply for variances that are regularly obtained, Extensive discussion followed on the floor regarding Section D (2) , Miscellaneous requirements - Sleeping rooms, and Section B (1) Basements - Windows . Motion to Refer to Committee By Alderperson Thorpe: Seconded by Alderperson Gray: RESOLVED, That the Ordinance amending Sections 210-10, 210-12 , and 210-25 of Chapter 210 entitled "Housing Standards" of the City of Ithaca Municipal Code be referred back to the Law and Governance Committee for further review. Ayes (6) - Johnson, Thorpe, Gray, Shenk, Marcham, Mackesey Nays (3) - Blumenthal, Hanna, Efroymson Carried (6-3) Memorandum of Understanding with Tompkins County Regarding Property Sold for Unpaid Taxes By Alderperson Efroymson: Seconded by Alderperson Mackesey WHEREAS, the City of Ithaca, hereinafter referred to as the "City, " a municipal corporation having its principal place of business at 108 East Green Street, Ithaca, New York and the County of Tompkins, hereinafter referred to as the "County" , a municipal corporation having its principal place of business at 320 North Tioga Street, Ithaca, New York, each have the right and ability to proceed against properties for which outstanding real estate taxes have not been paid, and WHEREAS, it is in the interest of both the City and the County that there be cooperation and coordination between the City and the County with respect to proceedings against properties for which outstanding real estate taxes have not been paid; now, therefore, be it RESOLVED, That in consideration of the mutual benefits to be obtained by each party it is agreed as follows : 1 . The City and the County agree to keep the other party informed and to exchange information with the other party with respect to all properties for which outstanding real estate taxes have not been paid. The City and the County shall exchange information with respect to all relevant issues including, but not limited to: 6 J5 a) The amount of outstanding taxes owing for any specific property. b) The existence of any environmental or other hazards with respect to any specific property. c) Any other relevant factors that affect the advisability of proceeding against a specific property. d) Any other relevant factors that affect the value of a specific property. 2 . In the event either the City or the County intends to proceed against the property for which outstanding real estate taxes have not been paid, either by foreclosure, obtaining a tax deed, or otherwise, it shall notify the other party of its intention to so proceed before proceedings are commenced. Such notice will give the other party the opportunity to inform the party wishing to proceed whether it considers the proceeding to be in the best interest of both parties . The other party shall have the right to pay to the party intending to proceed the outstanding taxes owing to such party, in which event the party originally intending to proceed shall refrain from doing so. 3 . In the event that either the City or the County proceeds against a property for which outstanding real estate taxes have not been paid the other party' s tax liens for unpaid real property taxes shall not be extinguished. The Decision, Judgment of Foreclosure and any and all deeds shall clearly state that the foreclosure and subsequent conveyances are subject to the other party' s tax lien. In the event if a sale of the property, it shall be clearly stated to all potential purchasers that the sale is subject to the other party' s tax liens . The rights of the other party to proceed against the property for outstanding real estate taxes by foreclosure, tax deed or otherwise shall not in any way be diminished or compromised. City Attorney Geldenhuys explained the history, and intent of the Memorandum of Understanding. A vote on the resolution resulted as follows : Carried Unanimously An Ordinance Amending Chapter 48 Entitled "Emer renc r Preparedness", Section 48-4 of the City of Ithaca Municipal Code By Alderperson Efroymson: Seconded by Alderperson Mackesey WHEREAS, State and Federal regulations require an Emergency Operating Center (EOC) be designated, and WHEREAS, the City' s Disaster Plan, which is Chapter 48 , of the City of Ithaca Municipal Code, assigns two locations for an EOC, one in City Hall and one at Central Fire Station, and WHEREAS, the City and Town of Ithaca' s (hazardous materials) Emergency Response Plan designates Central Fire Station as the EOC, and WHEREAS, the dual designation of EOC between City Hall and Central Fire Station would actually impair the start-up and function of an EOC in time of disaster, and WHEREAS, the location and function of an EOC requires equipment and facilities be configured ahead of time, which requires planning and budgeting funds for this purpose, and which the use of Central Fire Station will minimize the cost of such work, and 7 _1 WHEREAS, Central Fire Station is a facility with emergency power, cooking, showers, and sleeping facilities which are necessary to support an EOC during large scale incidents or disasters, and WHEREAS, Tompkins County' s E-911 Center will also be located at Central Fire Station; now, therefore, Ordinance No. 96-4 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows : NOOK Section 1. That Chapter 48 , entitled "Emergency Preparedness" of the City of Ithaca Municipal Code be amended as follows : Section 48-4 Designation of emergency operations center (EOC) The emergency operations center for the City will be in the Central Fire Station unless the Mayor declares otherwise. Once the Mayor or next City officer in line has declared that an emergency exists, the emergency operations center will be staffed on a twenty-four-hour basis until the declared emergency subsides . The emergency operations center will forward all warnings, directives, information, etc. , to various local departments, as appropriate . This will be done through the use of department representatives, telephones (located in the emergency operations center) , radios in the Police, Fire, Highway and Civil Defense Departments and in the offices of cooperating agencies . Each member assigned to the emergency operations center will be familiar with this plan, particularly with the section pertaining to each responsible pow person' s service duties . Section 2 . This Ordinance shall take effect immediately in vw„ accordance with law upon publication of notices provided in the Ithaca City Charter. Mayor Cohen thanked Firefighter David Reynolds who was instrumental in bringing this Ordinance forward, and in the preparation of a disaster plan for the City. Carried Unanimously Resolution in Support of an Enhanced CHIP' S Funding Level By Alderperson Efroymson: Seconded by Alderperson Johnson WHEREAS, enabling legislation for the current Consolidated Highway and Street Improvement Program (CHIP' S) is due to expire in March of 1997 , and WHEREAS, most local governments' fiscal year follows the calendar year and their 1997 budgets will be prepared and adopted in the Fall of 1996 , and WHEREAS, the State Legislature should renew CHIP' S funding during. the 1996 session so that local governments can plan and properly budget for 1997, and WHEREAS, CHIP' S funding levels have not changed much since the inception of the Program in 1981 ($179 million vs . $235 million) , while highway user-fee revenues collected by the State (taxes on gasoline and diesel fuel, motor vehicle fees, driver license fees, truck taxes and fees, traffic fines, surcharges, etc. ) have substantially increased, and WHEREAS, highway user-fee revenues collected by the State exceed $2 . 5 billion per year, while annual highway expenditures amount to $1 . 3 billion for DoT and $235 million for CHIP' S funding to 1, 600 8 J ( local government entities leaving close to $1 billion per year of highway user-fees going to non-highway uses, and WHEREAS, local government is responsible for 850 of the highway mileage in the State on which about 500 of the vehicle miles are driven, with less than 100 of the highway user-fees returned to local government through CHIP' s, and WHEREAS, this has resulted in 21% of local highways/streets being rated in poor condition and 37!° in fair condition compared with State DoT goals of loo poor rating and 20s fair rating; and additionally fifty-two percent (52%) of local bridges are classified as deficient compared with 350 of State DoT bridges, and WHEREAS, local government has had to increase property taxes to help fund local highways and bridges while $1 billion per year of highway user-fees are spent on non-highway uses, which equates to the local property taxpayer paying twice for highway work; now, therefore, be it RESOLVED, That the City of Ithaca hereby urges the State Legislature and Governor Pataki to enact, during the upcoming 1996 session of the Legislature, multi-year enhanced CHIP' s funding at a level of not less than $1 billion per year, and, be it further RESOLVED, That the City Clerk be directed to forward copies of this Resolution to Governor Pataki, Assemblyman Luster, Senator Seward, and the NYS Conference of Mayors . Carried Unanimously City Code/Referendum Timeline Report Alderperson Efroymson reported that the Law and Governance Committee will be reviewing existing legislation that was subject to a mandatory referendum, but was never placed on the ballot . He asked Council members to forward their questions and concerns to him, as this issue will be discussed further at the June Law and Governance Committee meeting. Discussion followed on the floor, with City Attorney Geldenhuys answering questions from Council members . BUDGET AND ADMINISTRATION COMMITTEE: Commons Coordinator - Request to -.Sicrn Simeon's Revocable License Agreement By Alderperson Shenk: Seconded by Alderperson Marcham 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 9 RESOLVED, For the, year 1996, 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 . Carried Unanimously P Police Department - Request to Amend Personnel Roster By Alderperson Shenk: Seconded by Alderperson Efroymson WHEREAS, the Acting Police Chief is recommending that a Senior Typist position be established for the promotion of a department typist to reflect the employee' s qualifications and actual duties; now, therefore, be it RESOLVED, That the 1996 Police Department Personnel Roster be amended as follows : Add: One (1) Senior Typist (40 hours) Delete: One (1) Typist (40 hours) and be it further RESOLVED, That the Senior Typist position be established at a 1996 annual salary of $16, 994, that being Grade 7 of the 1995 CSEA Administrative Unit, effective May 2 , 1996, and be it further RESOLVED, That Holley Seamon be appointed to said Senior Typist position, and be it further RESOLVED, That the funds needed for said promotion will be derived from the existing 1996 Police Department Budget . Carried Unanimously "" Fire Department Request Approval of Volunteer Service Agreement from Outside Departments By Alderperson Shenk: Seconded by Alderperson Thorpe WHEREAS, the Ithaca Fire Department continues to need services of additional volunteer personnel to enhance its protection of the City and Town of Ithaca, and WHEREAS, New York State law now permits members of volunteer fire companies to offer their services to a fire company in another jurisdiction within the state on a continuing basis, and WHEREAS, the Ithaca Fire Department has received offers from several members of other fire companies within the state to provide service to IFD and needs a mechanism by which to respond to such offers of service; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Fire Chief to accept such offers of service from members of other fire companies within New York State who are deemed qualified for IFD service in accordance with the department' s established volunteer membership process, and be it further RESOLVED, That such members must be recommended for service by the department' s Membership Review Committee, must complete training as + directed by the Municipal Training Officer in advance of department service, and shall be governed by the ongoing service and training requirements that apply to other IFD volunteer personnel, and be it further RESOLVED, That such individuals shall be covered under the City' s Volunteer Firefighters Benefit Law (VFBL) coverage in case of injury while in department service, but shall NOT be eligible for benefits provided to IFD volunteer members, including but not 10 J � limited to the department' s Volunteer Incentive Program, and be it further RESOLVED, That such individuals shall serve at the pleasure of the Fire Chief, must agree in writing to the terms and conditions stated above, and said agreement may be terminated by the Fire Chief at any time for any reason, and be it further RESOLVED, That the Board of Fire Commissioners shall be notified of all such individuals approved for service and all service agreements terminated by the Fire Chief . Amending Resolution By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That an additional Resolved Clause be added to read as follows : "RESOLVED, That members of volunteer fire departments from other communities who are also career members of the Ithaca Fire Department may not enter into an agreement to provide such service . " Main Motion as Amended Carried Unanimously A vote on the Main Motion as Amended resulted as follows : Carried Unanimously DPW - Request to Sign Osteria Paesana' s Revocable License Agreement By Alderperson Shenk. Seconded by Alderperson Marcham WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary 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 Osteria Paesana 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 1996, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Osteria Paesana 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 Board of Public Works approval for outdoor dining permits . Carried Unanimously DPW - Request to Amend Personnel Roster By Alderperson Shenk: Seconded by Alderperson Gray WHEREAS, the position of Junior Engineer in the Office of the City Engineer has been vacated, and the Vacancy Review Committee has approved the filling of the position of Engineering Technician, and WHEREAS, the authorized salary for the vacated Junior Engineer' s position was $30, 090 . ; now, therefore, be it RESOLVED, That the Common Council approve the reallocation of the aforementioned salary as follows : Engineering Technician salary, 1440-5110 . . . . . . . . . $22 , 000 Staff Development, 1440-5440 . . . . . . . . . . . . . . . . . . . . . $ 3, 000 Outside Services-Fees, 1440-5430 . . . . . . . . . . . . . . . . . $ 51090 11 and, be it further RESOLVED, That the position of Junior Engineer shall not be funded. Carried Unanimously Approval of CSEA Administrative Unit Labor Contract for 1996-1999 By Alderperson Shenk: Seconded by Alderperson Marcham RESOLVED, That Common Council approves the 1996-1999 CSEA Administrative Unit Labor Contract . '" Ayes (8) - Mackesey, Shenk, Marcham, Hanna, Efroymson, Gray, _ Thorpe, Blumenthal Nay (1) - Johnson Carried (8-1) PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: An Ordinance Amending Sections 325-3, 325-8 and 325-20 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, regarding Human Service Agencies -- Designation of Lead Agency Status for Environmental Review By Alderperson Blumenthal : Seconded by Alderperson Gray 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 of Sections 325-3 , 325-8 and 325-20 of Chapter 325 of the City of Ithaca Municipal Code requires review under the City' s Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendments to Chapter 325 of the City Code . Ayes (8) - Blumenthal, Johnson, Marcham, Hanna, Gray, Thorpe, Mackesey Abstention (1) - Efroymson Carried (8-0-1) An Ordinance Amending Sections 325-3, 325-8 and 325-20 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, regarding Human Service Agencies -- Declaration of No Significant Environmental Effect By Alderperson Blumenthal : Seconded by Alderperson Mackesey WHEREAS, an Ordinance Amending Sections 325-3 , 325-8 and 325-20 of Chapter 325, regarding Human Service Agencies has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted, and 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 Short Environmental Assessment Form dated April 19, 1996 , 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 12 � I 1 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 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. Ayes (8) - Blumenthal, Johnson, Marcham, Hanna, Gray, Thorpe, Mackesey Abstention (1) - Efroymson Carried (8-0-1) An Ordinance Amending Sections 325-3 325-8 and 325-20 of Chapter 325 Entitled "Zonin " of the City of Ithaca Municipal Code Regarding Human Service Agencies Call for Public Hearing By Alderperson Blumenthal : Seconded by Alderperson March—am RESOLVED, That Ordinance 96- entitled "An Ordinance Amending Sections 325-3, 325-8 and 325-20 of the City of Ithaca Municipal Code, regarding District Regulations, " is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, June 5, 1996, 7 : 00 p.m. , and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered shall be as follows: ORDINANCE 96 An Ordinance Amending Sections 325-3, 325-8 and 325-20 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, permitting Human Service Agencies in B-1 and lower zones, of right. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 325-3 entitled "Definitions" is hereby amended to add the following: Section 325-3 . Definitions . HUMAN SERVICE AGENCY - A governmental or nonprofit organization providing services to the general public, to assist in meeting needs . Services provided may include, but are not limited to, one or more of the following: information, guidance, counseling, therapy, group social activity, remedial instruction, self-help and support . MIXED USE - Two or more uses conducted on the same property, by one or more occupants, either in the same structure or separate structures, or in the open. 13 6 Section 2 . Section 325-8 of Article II , entitled "Zoning Districts, " is hereby amended to add the following: Section 325-8 . District Regulations Chart . 3-1, col . 2 : add "Human service agencies and centers . " 3-1, col . 4 : add "Human service agencies and centers, as pow specified in Section 325-20 . " Section 3 . Section 325-20 of Article V, entitled "Supplementary Regulations, " is hereby amended to add the following: Section 325-20A(4) . Off-street parking. Add "Human Service agencies and centers : 1 space per 250 square feet of floor area. " Section 4 . Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notices provided in the Ithaca City Charter. Cliff Street Neighborhood Parking Lot By Alderperson Blumenthal : Seconded by Alderperson Mackesey WHEREAS the need for parking on Cliff St . , particularly in the 700 block, has long been recognized by the City of Ithaca, and WHEREAS, a walkway from Cliff Street to Cass Park would give neighborhood residents better and safer access to Cass Park, and WHEREAS the West Hill Master Plan, adopted by the Planning Board in 1991 and approved and accepted by Common Council in 1992, calls for the construction of parking in the Cliff Street "'" neighborhood and the construction of a walkway between Cliff St . and Cass Park, and WHEREAS the physical circumstances on Cliff St . are different from those found in other parts of the City, and WHEREAS these differences include a steep road slope, steeper side slopes, small lots, small houses, low-income residents and high traffic volume, making this street unique among the City' s major traffic carriers, and WHEREAS, most residential streets have parking on at least one side, and WHEREAS fill materials may be available in the next several months which would considerably reduce the cost of such facility, and WHEREAS a number of different plans have been prepared and evaluated by the Planning and Economic Development Committee, and WHEREAS the Planning and Economic Development Committee has given concept approval to the construction of a residential parking lot on Cliff St . which would include a walkway between Cliff St . and Cass Park, and WHEREAS, this proposal has been referred to the Budget & Administration Committee for consideration of capital and operating expenses; now, therefore, be it RESOLVED, That capital project #331 be established in the amount not exceed $97, 000 for acquisition of a neighborhood parking area at 705 Cliff St . with a path to Cass Park, and be it further RESOLVED, That the capital project include the cost of design for the project and all acquisition, construction and necessary landscaping expenses other than decorative landscaping which may 14 O� be installed at a later date by City forces or others, and be it further RESOLVED, That the Board of Public Works is hereby authorized and directed to put this capital project out to bid and receive bids for its implementation at the earliest possible time, and that the Mayor is authorized and directed to sign any and all instruments necessary to execute this resolution, and, be it further RESOLVED, That said funds will be derived from the issuance of serial bonds . Extensive discussion followed on the floor with Superintendent Gray answering questions from Council members regarding the Engineering Department' s work load. A vote on the resolution resulted as follows : Carried Unanimously Economic Develo ment Plan - Re ort Alderperson Blumenthal reported that the creation of an Economic Development Plan has been designated the highest priority item on the Planning Department work program for 1996 . This plan will include an assessment of the City' s current economic development Opportunities, initiatives to promote further development, identification of constraints, and to further review the needs of the entire City as well as the underserved residents . This plan will be developed by community leaders who represent a broad range of interests related to economic development to discuss short-term and long-term goals, how a city can work with the private sector to support development, and create a working document to implement with strategic objectives . - West Buffalo Street On-Street Parkin - Re or Alderperson Blumenthal noted that there is a request for funding in the 1996 Community Development Block Grant (CDBG) application for off-street parking for the 600 block of West Buffalo Street . Grant notification is scheduled for mid June . Short term parking solutions are needed in the interim as parking will be removed from Buffalo street in mid June . A parking lot will be constructed at the corner of Court and Fulton Streets, and Planning Director van Cort will ask if that project can be completed before the removal of parking on West Buffalo Street . SE RA CEQRA - Conformance of City Environmental Quality Review Act to State EORA - Report Alderperson Blumenthal reported that new SEQRA regulations were adopted in January 1996 and there are a number of inconsistences between the City' s EQRA and the State EQRA with respect to substance and procedures . An intern will be hired this summer to study how the two laws conflict, and to prepare a report with recommendations for Common Council review. RECESS: Common Council recessed at 9 : 35 p.m. and reconvened at 9 :43 p.m. COMMUNITY ISSUES COMMITTEE: An Ordinance-Amending Chapter 164 Entitled "Dogs and Other Animals" Article II2 Sections 164-9 and 164-10 of the City of Ithaca Municipal Code By Alderperson Thorpe : Seconded by Alderperson Efroymson ORDINANCE NO. 96- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows : Section 1. That Chapter 164, entitled "Dogs, and Other Animals" of the City of Ithaca Municipal Code is amended as follows : 15 64 1 . That Section 164-9 entitled "Prohibited Acts" be amended as follows : 164-9C Except for a service animal for people with disabilities in performance of its trained duties, causes damage or destruction to public or private property or defecates (unless the solid waste is promptly picked up and removed by the owner or other person responsible for the dog) or private otherwise commits a nuisance on public or p property other than on the premises of the person owning or harboring such dog. 2 . That Section 164-9 be amended to add subsection I : 164-9I Said dog harasses, attacks, annoys, or otherwise interferes with a service animal for people with disabilities which provides assistance in mobility, and other major life functions, to people with disabilities . 3 . That Section 164-10 entitled "Enforcement" be amended to read as follows : 164-10 All peace officers in the City, the Tompkins County Society for the Prevention of Cruelty to Animals, and its employees, pursuant to contract with the City, and all employees of any Dog Control Officer appointed by the Common Council shall administer and enforce the provisions of this Article and for such purpose shall have the authority to issue appearance tickets pursuant to Article 150 of the Criminal Procedure Law. Appearance tickets may require payment by mail of WPM a designated fine or appearance in Ithaca City Court and shall be in such form as may be prescribed by the Judge of the Ithaca City Court . In assessing penalty, the Judge of the Ithaca City Court may take into account the status, upon proper documentation or other supporting evidence, of an attacked animal as a service animal for people with disabilities which provides assistance in mobility, and other major life functions, to people with disabilities . Section 2 . This Ordinance shall take effect immediately in accordance with law upon publication of notices provided in the Ithaca City Charter. Carried Unanimously Domestic Violence By Alderperson Thorpe: Seconded by Alderperson Mackesey WHEREAS, domestic violence is believed to be a serious problem in the City of Ithaca affecting many families, the elderly, and women and children, and WHEREAS, the City of Ithaca is committed to solving these dangerous and violent occurrences, and WHEREAS, the Court Watch data collection program recognizes the confidential and sensitive nature of court records, and .3, WHEREAS, the Court Watch data collection program will adhere to all rules and regulations of data collection regarding confidentiality and court records, and WHEREAS, the statistical information will aid Council in more fully understanding the extent of domestic violence in the City in order to seek more effective solutions, if they are required; now, therefore, be it 16 65) RESOLVED, That Common Council asks the City of Ithaca Prosecutor' s Office to cooperate with the Court Watch program' s statistical information-gathering program by providing information concerning domestic violence cases in the City of Ithaca, and be it further RESOLVED, That the Chair of the Community Issues Committee be directed to write a letter to the City Court asking for its cooperation in this effort, and be it further RESOLVED, That $1, 700 from unrestricted contingency be set aside to help defray expenses incurred by Court Watch in compiling this information, and will be paid through the City Controller' s office. _Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Thorpe RESOLVED, That an additional Resolved Clause be added before the final Resolved Clause to read as follows : "RESOLVED, That Common Council enter into a contract, to be executed by the Mayor, with Judith Long, Professor of Sociology at Syracuse University, to conduct a study on domestic violence, and be it further" Carried Unanimously Amending Resolution By Alderperson Marcham: Seconded by Alderperson Johnson RESOLVED, That the word "men" be inserted in the first Whereas Clause after the word "elderly" . Ayes (2) - Johnson, Marcham Nays (7) - Efroymson, Thorpe, Hanna, Gray, Blumenthal, Shenk, Mackesey Motions Fails (2-7) Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That the word "particularly" be added to the first Whereas Clause before the words " the elderly" . Carried Unanimously Extensive discussion followed on the floor with Alderpersons Shenk, Mackesey, Thorpe and Hanna responding to the statements made by Paul Bennett earlier in the meeting regarding the Justice system. Amending Resolution By Alderperson Hanna: Seconded by Alderperson Blumenthal RESOLVED, That in the first Resolved Clause the word "prospective" be added after the word "program' s" . Extensive discussion followed on the floor with Alderperson Hanna explaining the proposed amendment . Motion to Call the Question By Alderperson Thorpe: Seconded by Alderperson Mackesey RESOLVED, That the question be called regarding the proposed amendment . Ayes (6) Mackesey, Shenk, Efroymson, Marcham, Gray, Thorpe Nays (3) Hanna, Blumenthal, Johnson Proposed Amendment Carried (6-3) A vote on the proposed amendment resulted as follows : Ayes (4) Hanna, Blumenthal, Marcham, Johnson Nays (5) Mackesey, Shenk, Efroymson, Gray, Thorpe Motion Fails (4-5) 17 RD Motion to Call the Question By Alderperson Thorpe : Seconded by Alderperson RESOLVED, That the question be called regarding the Main Motion as Amended. Motion Failed for Lack of a Second Further discussion followed with Alderpersons Blumenthal and Marcham asking questions regarding the purpose and intention of the study. Alderperson Efroymson spoke in favor of the Resolution. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows : Ayes (6) Mackesey, Shenk, Efroymson, Johnson, Gray, Thorpe Nays (3) Marcham, Blumenthal, Hanna Carried (6-3) The Resolution as Amended reads as follows : Domestic Violence By Alderperson Thorpe: Seconded by Alderperson Mackesey WHEREAS, domestic violence is believed to be a serious problem in . the City of Ithaca affecting many families, particularly the elderly, and women and children, and WHEREAS, the City of Ithaca is committed to solving these dangerous and violent occurrences, and WHEREAS, the Court Watch data collection program recognizes the confidential and sensitive nature of court records, and WHEREAS, the Court Watch data collection program will adhere to all rules and regulations of data collection regarding confidentiality and court records, and WHEREAS, the statistical information will aid Council in more fully understanding the extent of domestic violence in the City in order to seek more effective solutions, if they are required; now, therefore, be it RESOLVED, That Common Council asks the City of Ithaca Prosecutor' s office to cooperate with the Court Watch program' s statistical information-gathering program by providing information concerning domestic violence cases in the City of Ithaca, and be it further RESOLVED, That the Chair of the Community Issues Committee be directed to write a letter to the City Court asking for its cooperation in this effort, and be it further RESOLVED, That Common Council enter into a contract, to be executed by the Mayor, with Judith Long, Professor of Sociology at Syracuse University, to conduct a study on domestic violence, and be it further RESOLVED, That $1, 700 from unrestricted contingency be set aside to help defray expenses incurred by Court Watch in compiling this information, and will be paid through the City Controller' s office . NEW BUSINESS: Hiring Policy for Seasonal Employees By Alderperson Efroymson: Seconded by Alderperson Shenk WHEREAS, it is recognized that there are not enough well-paying jobs which provide opportunities for learning, advancement, and apprenticeship, and WHEREAS, the City of Ithaca hires a large number of seasonal workers, especially during the summer months, and 18 �i WHEREAS, many of these seasonal jobs provide an entryway into the full-time job market, and WHEREAS, there is no written residency policy regarding hiring seasonal workers, therefore, be it RESOLVED, That Common Council directs Department Heads to issue memoranda to all employees who are charged with recruiting and hiring seasonal workers to use whatever is within their power to hire City residents, particularly women and minorities, for seasonal jobs, and, be it further RESOLVED, That Common Council will work together with Department heads to set in place a permanent policy which will address the above, and be it further RESOLVED, That the City Clerk be directed to distribute a copy of this Resolution to all Department Heads . Discussion followed on the floor regarding A vote on the resolution resulted as follows : Carried Unanimously EXECUTIVE SESSION: By Alderperson Thorpe : Seconded by Alderperson Gray RESOLVED, That this Council adjourn into Executive Session to discuss pending litigation. REGULAR SESSION: Common Council reconvened in Regular Session and no actions were forthcoming. CALL FOR SPECIAL COMMON COUNCIL MEETING By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That a Special Common Council be called for on May 8 , 1996 for a public hearing and consideration of an Ordinance amending Sections 1-1, 325-23, 325-47, and 331-4 of the City of Ithaca Municipal Code regarding Exterior Property Maintenance, and consideration of a Resolution regarding 1996 compensation for Confidential Employees . Ayes (8) - Johnson, Shenk, Hanna, Gray, Thorpe, Marcham, Blumenthal, Mackesey Nay (1) - Ef roymson Carried (8-1) ADJOURNMENT: On a motion the meeting adjourned at 11 : 10 p.m. Julie Conle Holcomb Alan J. C hen City Clerk Mayor 19