Loading...
HomeMy WebLinkAboutMN-CC-1996-06-05June 5, 1996 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. June 5, 1996 PRESENT: Mayor Cohen Alderpersons (9) - Shenk, Mackesey, Sams, Efroymson, Johnson, Blumenthal, Marcham, Gray, Thorpe EXCUSED: Alderperson (1) - Hanna OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Planning and Development Director - Van Cort Building Commissioner - Eckstrom Superintendent of Public Works - Gray Acting Police Chief - Barnes Fire Chief - Wilbur Board of Public Works Commissioner - Reeves City Forester - Hillman PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. APPROVAL OF MINUTES: Approval of the Minutes of the March 6, and April 3, 1996 Common Council meetings was postponed. No Council member objected. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Economic Development Committee Alderperson Blumenthal requested the addition of a report from the Planning and Economic Development Committee. No Council member objected. Budget and Administration Committee Alderperson Shenk requested the addition of Item 15.9 Police Department Personnel Roster Amendment - Resolution. No Council member objected. New Business City Attorney Geldenhuys requested the addition of Item 19.2 Home Rule Request for Residential Parking Permits - Resolution. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code, Permitting Human Service Agencies in B-1 and Lower Zones of Right Resolution to Open Public Hearing By Alderperson Johnson: Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing to Consider an Ordinance Amending Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code, Permitting Human Service Agencies in B-1 and Lower Zones of Right, be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing June 5, 1996 By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to Consider an Ordinance Amending Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code, Permitting Human Service Agencies in B-1 and Lower Zones of Right, be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Bicycle Safety Issues Mr. David Nutter, City of Ithaca, addressed Council regarding bicycle user safety issues on Mitchell Street. He urged Council to reconsider the proposed plan that will not allow a bicycle path on Mitchell Street. Drug Investigators Ms. Marianne Marsh, City of Ithaca, addressed Council regarding the recent police raid on Madison Street in which handguns, drugs and a large amount of money was seized. She stated that the Northside neighborhood feels very strongly that additional drug investigators are needed. Ms. Bonnie Blanding-May, City of Ithaca, stated that the Northside neighborhood is very pleased with the recent drug enforcement efforts. She noted her concerns about public perceptions that the Northside is not a good place to live, and asked that the media assist in re-enforcing public confidence in the neighborhood. She further urged Council to consider increasing assistance to youth in the community. Proposed Sale of Radio Stations The following people spoke in opposition to the proposed sale of radio stations WTKO and WQNY to Eagle Broadcasting and urged Council support: Mr. Will Burbank, Town of Ithaca Mr. Benjamin Nichols, City of Ithaca Mr. Donald Lifton, Town of Ithaca Mr. Tim Allen, City of Ithaca Ms. Elizabeth Dissin, City of Ithaca Skate Boarding Project Mr. Jeff Furman, City of Ithaca, and a group of youth addressed Council to express the need for a skateboarding/in-line skating park. They identified several sites that were available for renovation, and described the advantages and disadvantages of each site. They stated an area of 130' x 150' would be needed. Mr. Furman explained various fund raising plans, and noted that the group has already shown a $600. profit. Route 96 Project/Central Business District Signage Mr. John Schroeder, City of Ithaca, addressed Council regarding rumors concerning the loss of parking on West Buffalo Street in conjunction with the Route 96 project. He stated that the loss of parking on the 600 block of West Buffalo Street was in the plan from the Draft Environmental Impact Statement in 1988, and the information was on maps posted in City Hall for several years before the project was approved in 1994. He further noted that the City worked diligently with neighborhood groups and businesses in that area to modify the project to mitigate impacts in that neighborhood. Mr. Schroeder stated that the City removed parking from the 500 block of West Buffalo Street that was wrested from the 96 project to help the residents on the 600 block of West Buffalo Street. Mr. Schroeder further stated that merchants have mentioned concerns to him regarding the lack of signage that exists to announce the Central Business District on Meadow Street. He volunteered his services to assist the City on the signage issue June 5, 1996 as well as working with Planning staff in trying to find ways to further mitigate the impacts on neighborhoods and businesses in the Route 96 construction area. Mr. Paul Sayvetz, City of Ithaca, encouraged Council to look for ways to mitigate the effects of the Route 96 project. DOORS (DOMESTIC OFFENDERS RE-EDUCATION SERVICE) PROGRAM Ms. Marie-Lucile Mauboussin, DOORS Coordinator, explained that the DOORS program is losing funding due to State tax cuts. She urged Council to support the request for funding resolution. Ms. Marge Dill, with the Human Services Coalition, spoke to Council on behalf of the DOORS Program. She stated that the County has agreed to fund $11,000. She asked Council to support DOORS request for funding. Red Cross Emergency Shelters Mr. Guy Gerard, City of Ithaca, addressed Council regarding the Red Cross Shelter closings resolution. He stated that he has worked at the Lake Street shelter for five years, and to his knowledge the Red Cross has never turned people away from the shelters. He urged Council to support the resolution. RESPONSE TO PUBLIC: Alderpersons Mackesey, Johnson, Blumenthal and Efroymson responded to the comments made regarding the bicycle path on Mitchell Street. Alderperson Mackesey responded to comments made about the removal of parking in conjunction with the Route 96 project. Alderperson Blumenthal asked Mayor Cohen what the next step is for the proposed skateboard park. Mayor Cohen responded that several sites are being considered. A preferred site is the Marcels Flat block near GIAC and discussions have taken place with Ithaca City School District staff. If this site is acquired, the project may evolve into a teen recreation center with the skateboard park being just one component. He further stated that he has not made any statements or agreements that would commit the City to funding this project. Alderperson Mackesey reported that people who are interested in writing letters to the FCC in regard to the radio station merger, should forward them to: Mr. William Canton, Secretary of FCC Federal Communications Commission Suite 222 1919 M Street NW Washington, D.C. 20554 REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES: Disability Advisory Council (DAC) Mr. Larry Roberts, Vice Chair of the DAC, reported to Council on the following issues: DAC appreciation of Council approval of the dog ordinance amendments DAC support of sidewalks on Esty Street The DAC would like to work with the Engineering Department regarding the improvement of curbcuts The DAC would like to review the 1997 Capital Projects list and submit input The Fingerlakes Independence Center, Senior Citizens Center, Tompkins County Office for the Aging and their care givers June 5, 1996 resource center is sponsoring a "Try It Out Day" which is a chance for people to come and try out various adaptive equipment including wheelchairs, scooters, etc. It will be held on June 13 from 1:00 p.m. to 3:00 p.m. at the Senior Center. Board of Public Works Commissioner Reeves reported on the following actions: The Board approved the Drop-In Children's Center request for use of State Street bricks The Board approved the Farmers' Market contract for use of the metered zone on North Cayuga Street at DeWitt Park for the 1996 Tuesday market season The Board will hold a public hearing on the Esty Street sidewalks project The Board approved removal of a parking meter in front of the Ithaca Town Hall on East Seneca Street, and replaced it with a 15 minute zone The Board approved the removal of one parking meter at the Clinton House on North Cayuga Street, and one meter at the Clinton House on West Seneca Street and replaced them with 15 minute zones to aid visitor access to the Information Center and theater box offices in the Clinton House The Board approved installation of parking meters at the Tompkins County Courthouse on North Tioga Street The Board approved the final report of the Cass Park Ballfield Lights Committee and supported the Committee's recommendation to replace the existing lights from the $45,000 capital project that was approved by Council The Board approved the final plans for the reconstruction of the 400 and 500 blocks of Mitchell Street at a pavement width of 24 feet The Board approved a joint feasibility study with Cornell University regarding reconstruction of and responsibility for upper University Avenue between the Johnson Art Museum and the intersection of East Avenue and Forest Home Drive The Board approved the Sciencenter's proposed Planet Walk COMMUNICATIONS FROM THE MAYOR: Letter to City Forester Andrew Hillman Mayor Cohen read a letter that was sent to City Forester Andy Hillman from the Downtown Business Women, thanking him for the presentation he gave at their March meeting. Mayor Cohen stated that he accepted an award at the annual NYCOM dinner, on behalf of the City of Ithaca for its tree works program. He thanked City Forester Hillman and his crew for all of their efforts with this program. Mayor Cohen presented Mr. Hillman with the plaque from NYCOM. REPORT OF THE CITY CONTROLLER: City Controller Cafferillo stated that an article appeared in the Ithaca Journal which depicted Ithaca as one of the top 10 cities in the country which were hellish places to retire to, and has extremely high tax burdens. He said he has spoken to one of the authors of the article and she will provide the City with a copy of the book this data appeared in, and he will review the comparisons within the book and present a data supported rebuttal. REPORT OF THE CITY ATTORNEY: Sage Hall Appeal June 5, 1996 City Attorney Geldenhuys reported that the Sage Hall appeal was argued in Albany and a decision is expected within the next 30 days. Wal-Mart Appeal City Attorney Geldenhuys reported that East Coast Development did not file an appeal within its required time allowance under the statute. She stated that the City has heard nothing further about the appeal or a threatened suit for damages. COMMUNITY ISSUES COMMITTEE: * 17.1 Stand For Children The City of Ithaca and Common Council believe happy, healthy and educated children are the most important fabric of our community and our future. Resolution By Alderperson Sams: Seconded by Alderperson Mackesey WHEREAS, we support the Children's Defense Fund, Marian Wright Edelman, and 750 other sponsors and coordinators in the concept of Stand for Children, and WHEREAS, Stand for Children will be a national day of commitment to children, a celebration, and day of community renewal, when we will stand together as Americans from every race, region, income, age and faith. On June 1, 1996, we will transcend our differences, and affirm what unites us as a people: a loving desire to raise moral, healthy, and educated children; a sense of fairness; and a belief that in the richest and most powerful nation on earth no child should be left behind; now, therefore, be it RESOLVED, That $500. be taken from the Mayor's budget to sponsor seats on the bus to the March on Washington, and be it further RESOLVED, That the $500. be replaced by transferring $500. from Unrestricted Contingency into the Mayor's budget. Carried Unanimously * 17.2 Support of DOORS Program The City of Ithaca, and Common Council believe that Domestic Violence destroys women and children's lives, and the City of Ithaca is committed to keeping families happy, healthy and whole. Resolution By Alderperson Sams: Seconded by Alderperson Mackesey WHEREAS, The Domestic Offense Offenders Re-education Service (DOORS) program is the one and only program in the City of Ithaca and Tompkins County geared for men who batter female companions, and WHEREAS, the Task Force for Battered Women, Tompkins County Probation Department, Department of Social Services, Law Guardian's Office, District Attorney's Office, City Prosecutor's Office and all Law Enforcement Agencies support the DOORS program, and WHEREAS, The DOORS Program is in jeopardy because of the lack of funding and the need of $18,865. to keep the program running for a seven month period, and WHEREAS, the DOORS Program will also be asking Tompkins County for a portion of this funding and will work with the Human Services Coalition over the next seven months to establish a plan for future funding; now, therefore, be it RESOLVED, That $7,000. be taken from Unrestricted Contingency to help stabilize and support the DOORS program. June 5, 1996 Alderpersons Blumenthal Johnson, and Marcham stated their support for the program but opposes the resolution because there are other avenues for the program to follow for funding. Alderpersons Shenk, Thorpe, Sams and Mackesey spoke in favor of short-term funding for the program. A vote on the resolution resulted as follows: Ayes (6) - Mackesey, Sams, Gray, Shenk, Efroymson, Thorpe Nays (3) - Marcham, Blumenthal, Johnson Carried (6-3) * 17.4 Red Cross Shelter Closings By Alderperson Sams: Seconded by Alderperson Marcham WHEREAS, the community has long looked to the Red Cross as a leader in providing services to homeless people, and WHEREAS, the Red Cross chapter receives aid from the City of Ithaca for the Friendship Center and homeless shelter programs, shelter reimbursements from Tompkins County through the Department of Social Services, and support from the public through the United Way, and WHEREAS, other agencies, including the Task Force for Battered Women and Offenders Aid and Restoration have identified potential problems that will arise if the Red Cross shelter is closed, and WHEREAS, the local human services community has proven their ability to work together to find the best ways to meet the needs of people in our area, and WHEREAS, the sudden decision to close the Lake Avenue shelter July 31, 1996, does not allow adequate time for a strategy to be created and put in place; now, therefore, be it RESOLVED, That the Ithaca Common Council urges the Red Cross to delay closing the Lake Avenue shelter until community dialogue on issues of homelessness and the effects of closing the shelter has taken place. Alderperson Marcham stated that she is Secretary of the Red Cross Chapter's Board of Directors, and the Board has stated that they are not opposed to this resolution. The Board wants the community to fully understand why the Lake Avenue shelter will be closing, and has indicated that if the situation is markedly changed regarding the need for shelter for the homeless, it would re-open the shelter. A vote on the resolution resulted as follows: Carried Unanimously * 17.3 Sale of Local Radio Stations to Eagle Broadcasting Corp. By Alderperson Sams: Seconded by Alderperson Efroymson WHEREAS, Eagle Broadcasting Corp. currently owns WHCU and WYXL radio stations, and WHEREAS, Eagle Broadcasting Corp. has applied for FCC approval to purchase WTKO and WQNY, and WHEREAS, it is the strongly held belief of Common Council that any transfer of ownership should be done in a way that serves the broad public interest and does not promote monopolistic control in the commercial sector of local airwaves, and WHEREAS, Common Council believes that a merger of these four radio stations under one owner would create a harmful June 5, 1996 concentration of economic and political power in this community, and WHEREAS, this merger could result in higher rates for advertising and the loss of jobs, significantly reduced competition in local radio and broadcast news, a loss of locally-produced programming, a loss of political and cultural diversity, among other outcomes; now, therefore, be it RESOLVED, That Common Council urges the FCC to deny the sale of WTKO and WQNY to Eagle Broadcasting Corp., and be it further RESOLVED, That the City Clerk forward a copy of this Resolution to the Federal Communications Commission. Alderperson Efroymson requested that the record show that he is one of the petitioners to the FCC trying to deny this sale. He stated that he has been advised by both the City Attorney and private counsel that it is appropriate for him to act in the public's interest by both discussing this resolution and voting on it. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: * 16.1 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 By Alderperson Blumenthal: Seconded by Alderperson Johnson ORDINANCE 96 - 9 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 - An organization providing assistance to people in obtaining services to meet their 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. Services may not include the provision of alcohol, or programs which are conducted after p.m. 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. Section 2. Section 325-8 of Article II, entitled “Zoning Districts,” is hereby amended to add the following: Section 325-8. District Regulations Chart. B-1, col. 2: add “Human service agencies and centers.” B-1, col. 4: add “Human service agencies and centers, as 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." June 5, 1996 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. Discussion followed on the floor regarding the program time limits. Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Johnson RESOLVED, That the last sentence of the "Human Service Agency" definition be amended to read as follows: "Services may not include the provision of alcohol." Carried Unanimously Alderperson Efroymson requested that the record show that he is an employee of R.S.V.P. whose parent agency is the Senior Citizen Center. He stated that he does not believe that this ordinance has any financial impact on him, and has been advised by the City Attorney that as long as this information is disclosed, he may vote on the Ordinance. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously RECESS: Common Council recessed at 9:15 p.m. and reconvened at 9:30 p.m. BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 Common Council - Approval of 1997 Guidelines for Community Service Funding By Alderperson Shenk: Seconded by Alderperson Thorpe WHEREAS, the City of Ithaca has in the past appropriated funds to agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That the Budget & Administration Committee of Common Council be authorized to review all 1997 requests for non- mandated city funding from private, non-profit agencies that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirements and criteria shall be applied to all such requests: Requirements 1. All applications for 1997 funding must be submitted in writing to the City Controller by July 15, 1996. 2. Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic, and/or environmental well being of city residents, in terms as specific as possible. Information presented should include the groups or individuals to be served, the number of people to benefit from the activity, and the duration of the benefit (long term or short term). 3. a. Each application must include budgets for 1996 and 1997, financial reports from 1994 and 1995, and an enumeration of other funding sources. June 5, 1996 b. The applications should also include a count of individuals served, by municipality, for prior years, and a report on any positive impacts and benefits. c. The application must include a description of methods for measuring positive outcomes from 1997 funding. Criteria and Evaluation Scoring The Committee shall assign points for the degree to which the proposed use of City funds meets each of the following criteria. If the applicant does not supply sufficient information for the Committee to make a judgment, the proposal shall receive zero points in each such case. These criteria and evaluation scores will be used by the Budget & Administration Committee as guidelines in evaluating requests for funding: 1. The proposed activity will benefit the social, cultural, economic and/or environmental well being of residents of the City of Ithaca. 2. a. The proposal will service city residents in proportion to City funding requested. b. The sponsor of the proposed activity: 1. has received funding, or 2. is reasonably assured of receiving funding, or 3. has made a good faith effort to receive funding from the County, appropriate towns, school districts, or other funding sources in proportion to non-city residents served. 3. The proposed activity will serve an identified need in the city and does not duplicate another service. 4. The proposed activity is designed to effectively meet the needs of those to be benefitted; and the proposal includes measurable objectives and outcomes. 5. The applicant demonstrates sound management practices. 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the disabled. 7. The proposed activity will produce a long-term benefit. EVALUATION AND SCORING OF COMMUNITY SERVICES FUNDING REQUESTS Criteria Points 1. Benefit well-being of residents 0 - 10 2a. Serve City residents 0 - 5 b. Sponsor has: 1. Received funding or 3 2. Assured of receiving funding or 2 3. Made good faith effort to receive 1 3. Serves an identified need (not duplicated) 0 - 5 4. Designed to meet needs; includes objectives and outcomes 0 - 5 5. Sound management practices 0 - 5 6. Benefit financially needy and handicapped 0 - 5 June 5, 1996 7. Long term benefit 0 - 5 RESOLVED, That by September 1, 1996, the Budget & Administration Committee shall forward its recommendations to the Mayor for consideration in the 1997 budget. Carried Unanimously * 15.2 Cable Commission - Request Funds for Community National Conference By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the Cable Commission is recommending that Commissioner Gitlin be sent to the Alliance for Community Media National meeting in Arlington, Virginia at a cost of $1,344, and WHEREAS, the Budget and Administration Committee and Law and Governance Committee have reviewed the request and are recommending the approval of the travel at a cost not to exceed $500, and WHEREAS, the funding would cover the conference registration, membership cost and miscellaneous expenses; now, therefore, be it RESOLVED, That an amount not to exceed $500 be transferred from Account A1990 Unrestricted Contingency to Account A1315-5440 Finance Staff Development for purposes of sending Cable Commissioner Gitlin to said conference. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Resolved clause shall read as follows: "RESOLVED, That an amount up to $840 be transferred from Account A1990 Unrestricted Contingency to Account A1315-5440 Finance Staff Development for purposes of sending Cable Commissioner Gitlin to said conference." Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 15.3 Cable Commission - Request 1996 Budget Amendment By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, the current Cable Commission has no 1996 funding available to provide office expense coverage to the Commission, and WHEREAS, the Cable Commission is in need of funds to cover office expense costs such as; postage, telephone and copying relating to the refranchising, and WHEREAS, the Commission has estimated a 1996 funding amount of $500 for these ongoing office expenses; now, therefore, be it RESOLVED, That an amount not to exceed $500 be transferred from Account A1990 Unrestricted Contingency to Account A1315-5460 Finance Program supplies to fund the Cable Commission office expense for 1996. Discussion followed on the floor regarding budget procedures. A vote on the resolution resulted as follows: Carried Unanimously * 15.4 DPW - Request Transfer of Funds for Purchase of Meters By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, the meters at the city's wastewater monitoring stations are outdated and becoming costly to repair, and WHEREAS, the staff at the Ithaca Area Wastewater Treatment Facility have recommended that the meters be replaced over the June 5, 1996 next several years to improve flow data and future cost allocations, and WHEREAS, the staff has recommended and the Special Joint Sub- Committee (SJS) has approved at its March 19, 1996 meeting the replacement of two meters this year at an estimated cost of $6,000; now, therefore, be it RESOLVED, That an amount not to exceed $6,000 be transferred from Account J1990 Unrestricted Contingency to Account J8150-5225 for the purpose of purchasing two monitoring station meters. Carried Unanimously * 15.5 DPW - Request to Amend Capital Project for 1996 Sidewalk Program By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, the Department of Public Works has performed an annual city sidewalk reconstruction program based upon a ten-year replacement schedule, and WHEREAS, the Annual Sidewalk Program is estimated to cost $75,000 in 1996, and WHEREAS, the City has appropriately capitalized the DPW sidewalk program since 1991; now, therefore, be it RESOLVED, That Capital Project #249 City Sidewalk Program be amended by an amount not to exceed $75,000 to repair the current section of city sidewalks based upon the ten-year sidewalk replacement schedule, and be it further RESOLVED, That the funds for said sidewalk reconstruction shall be derived from the issuance of Serial Bonds. Carried Unanimously * 15.6 DPW - Request to Hire Part-time Seasonal Employee for Sidewalk Program Consulting Service By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the position of Junior Engineer in the office of the City Engineer has been vacant and now unfunded as of May 1, 1996, and WHEREAS, the Superintendent of Public Works and staff are recommending that the Engineering Department hire a part-time, seasonal employee to perform consulting engineering services to administer the 1996 DPW Sidewalk Capital Program; now, therefore, be it RESOLVED, That Toby Krantz be hired as a part-time seasonal employee at a salary of $7,500 for the period of May 20, 1996 to August 30, 1996, and be it further RESOLVED, That said part-time position will perform consulting engineering services to administer the 1996 DPW Sidewalk Capital Program, and be it further RESOLVED, That an amount not to exceed $7,500 to fund said consulting services, be derived from Capital Project #249 DPW Sidewalk. Carried Unanimously LAW AND GOVERNANCE COMMITTEE: An Ordinance Amending Sections of Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code By Alderperson Efroymson: Seconded by Alderperson Johnson 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 June 5, 1996 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 Sate 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, be it ORDINANCE NO. 96 - 10 ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 210-10 of the City of Ithaca Municipal Code is hereby amended to read as follows: 210-10.A.(1). In one or two family dwellings habitable space shall have a minimum ceiling height of six (6) feet eight (8) inches over fifty percent (50%) of the 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. 210-10.A.(2) 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 eighty percent (80%) 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. 210-10.D.(2). Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to assure a safe means of egress. Sleeping rooms shall not be used as the only means of access to other sleeping rooms or habitable spaces. Section 2. Section 210-12 of the City of Ithaca Municipal Code is hereby amended to read as follows: 210-12.A. Height. Nonhabitable space, except crawl spaces and attics, in multiple dwellings shall have a minimum height of six (6) feet (8) inches measured from floor to ceiling. 210-12.B.(6). In multiple dwellings, floors of bathrooms, toilet rooms and similar spaces shall be waterproof. Such waterproofing shall extend four (4) inches or more above floors, except at doors, so that floors can be flushed or washed without leaking. Section 3. Section 210-19.C. of the City of Ithaca Municipal Code is hereby amended to read as follows: Garages in or attached to a residential building shall be separated from other spaces in the building as required by the June 5, 1996 applicable building code in effect at the time of construction or renovation which triggered compliance with such code. If no requirement for such separation at the time of original construction or renovation exists, then a minimum of one/half inch gypsum drywall shall be installed on the garage side of the common wall or ceiling including attic space, if any. Such gypsum drywall shall be fire-taped. Any openings in the separation between the garage and the dwelling unit shall be protected by the installation of a minimum 1 3/8 inch solid wood door or a 20 minute fire door. For the purposes of this sub-section, the Multiple Residence law shall not apply to buildings remodeled to multiple dwellings after June 1958. Section 4. Section 210-25.A.(1) and 210-25.A.(2) of the City of Ithaca Municipal Code is hereby amended to read as follows: 210-25.A.(1). Residential buildings intended for occupancy between the first day of September 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-eighty degrees Fahrenheit (68 degrees F.) at a distance of two (2) feet and more from exterior walls and at a level of five (5) feet above the floor in habitable spaces, kitchenettes, bathrooms and toilet rooms. Exceptions to this requirement may be found in the Federal Fair Housing Act (42USC-3604 sub F). 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. 210-25.A.(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 habitable spaces, kitchenettes, bathrooms and toilet rooms at sixty-eighty degrees Fahrenheit (68 degrees F.) when the outside temperature falls below fifty-five degrees Fahrenheit (55 degrees F.) between the first day of September and the thirty first day of May. Exceptions to this requirement may be found in the Federal Fair Housing Act (42USC-3604 sub F). Section 5. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Building Commissioner Eckstrom noted that the Landlords Association is in support of the proposed amendments. Main Motion A vote on the main motion resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: * 15.7 Finance/Controller - A Local Law Electing a Retirement Incentive Program By Alderperson Shenk: Seconded by Alderperson Thorpe Local Law No. 2 of the Year 1996 City of Ithaca A Local Law Electing a retirement incentive program as authorized by Chapter 30, Laws of 1996 for the eligible employees of the City of Ithaca. BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The City of Ithaca hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 30, Laws of 1996. Section 2. The commencement date of the retirement incentive program shall be September 15, 1996. June 5, 1996 Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit shall be 90 days in length. Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the City of Ithaca for each employee who receives the retirement benefits payable under this local law. Section 5. This act shall take effect upon filing with the Secretary of State. Carried Unanimously * 15.8 City Prosecutor - Request Funds for Substitute City Prosecutor By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the City Prosecutor, Linda Falkson, has not taken any extended vacation time when City Court is in session since she started her employment with the City of Ithaca in January, 1994; and plans to take a vacation in June, 1996; and WHEREAS, the services of an acting City Prosecutor will be required for at least eight (8) hours to assist her department during her absence; now, therefore, be it RESOLVED, That the City of Ithaca shall enter into an agreement with an Acting City Prosecutor as an independent contractor, to be reimbursed at the rate of $80.00 per hour, not to exceed a total of 8 hours, at a total cost not to exceed $640., and be it further RESOLVED, That an amount not to exceed $640. be transferred from Account A1990 Unrestricted Contingency to Account A1110-5435 City Prosecutor Contracts to fund said contract for services. Carried Unanimously Police Department - Personnel Transfer By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That Bonnie Fiorille's transfer from the Personnel Office of the Finance Department to the position of Senior Typist in the Police Department, at an annual salary of $25,633 for forty hours per week, in accordance with a memorandum of understanding dated May 20, 1996, effective June 3, 1996, be and hereby is approved. Discussion followed on the floor regarding the procedures of posting vacant positions. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Business Improvement District (BID) - Report Alderperson Blumenthal reported that the committee heard an informal report by members of the BID Steering Committee at their last meeting. The BID is going to be smaller in geography and more limited in scope than the effort in 1993. The three components of the BID plan are retail promotion and marketing, which includes promotional events and regional and local advertising; business retention and development, emphasizing programs that will strengthen and expand existing businesses and also work to attract complimentary new businesses where vacancies exist at the moment; and advocacy for improved government June 5, 1996 services, the B.I.D. will work for an improved level of services from the City. A Memorandum of Understanding and base line agreement will be agreed upon prior to the adoption of the B.I.D. The areas of government services that are targeted for improvement are related to parking, which includes improved parking management and parking policies; public safety concerning an increase in the presence of police who are trained specifically on some of the downtown issues; higher maintenance standards for the garages and public spaces; and redevelopment of empty and underutilized buildings. The BID Plan calls for an assessment to be levied against City and County property within the BID area. The City owns 14 properties within the boundaries of the proposed BID, which have an assessed value of approximately $30 million, of which approximately $23 million are attributed to the Seneca and Green Street garages. That translates into approximately $25,000 per space in each garage which is nearly double what the replacement cost would be to construct a new garage. The City has filed an appeal with the County Board of Assessment. If the appeal is successful the City's portion of the BID assessment would be approximately $25,000. A Memorandum of Understanding between the BID and the City is being drafted confirming that the level of City services within the BID area will not be diminished once the BID is established. Sciencenter Alderperson Blumenthal reported that the Sciencenter is planning a Phase III expansion program for construction of a 10,000 sq. ft. building that will be located next to their existing building and will provide additional parking. The site is currently owned by the City and is approximately .9 acres. They are requesting that the City sell the northern half of the parcel that they currently occupy for $1.00. The Sciencenter is asking the City to take into consideration the fact that over a half of a million dollars of direct and indirect benefits would be provided to the City over a ten year period including the youth who are served by the Youth Alive program, free family memberships to members of the City's Saturday Math and Science Academy, sales tax revenues from tourists, and demolition costs for two on-site DPW buildings. The Sciencenter has plans underway for the construction of a pedestrian/bicycle bridge across Cascadilla Creek at Willow Avenue, and they are also working on a public science exhibit, which is a walking model of the solar system, that will begin at the Commons and extend through the City's neighborhoods to the Sciencenter. The total costs for these projects is approximately $500,000. West End Parking - Report Alderperson Blumenthal reported that the committee talked about long-term needs for the West End. The committee specifically discussed the removal of on-street parking on Green and Seneca Streets, and the possibility of restoring parking on one side of both streets. The City needs to discuss this matter further with the NYSDoT. Cynthia Yahn, a West End business owner, will be conducting a survey of representatives of approximately 100 businesses west of Meadow Street, to inventory their present parking arrangements, and assess their future parking needs. The committee will discuss the results of that survey when available. Transfer of Land to Hangar Theater - Report Alderperson Blumenthal reported that Doria Higgins, representing Citizens to Save Our Parks, spoke to the committee regarding the transfer of a small parcel of land to the north of the Hangar Theater for use by the theater. Mr. Tom Niederkorn addressed the June 5, 1996 committee on behalf of the Hangar Theater Board and stated that the Hangar is in support of the improvements to the Marina, including the changes to the road. The important issue to theater is that they have improved access to the building. Alderperson Blumenthal further reported that the committee asked Planning Director VanCort to discuss the issue of the Hangar Theater access with State Parks further, and to inquire whether alienation is necessary if the parcel that Ms. Higgins described is transferred to the City. The Committee is also interested in the process that the State will be undertaking for the Treman Master Plan. SEQRA/CEQR Alderperson Blumenthal reported that City Attorney Geldenhuys addressed the committee regarding the difficulties caused by the changes to the State SEQRA which was adopted earlier this year. The changes in the law have created inconsistencies between the City's CEQR and the State's SEQRA, particularly with respect to the expansion of the State's Type II List. An intern has been hired to compare the two laws, identify inconsistencies, and analyze possible amending legislation. The basic decision for Council consideration will be whether to rescind or amend the City CEQR. The Conservation Advisory Council is not in favor of rescinding the CEQR. Tompkins County Memorandum of Understanding Regarding Block 14 Alderperson Blumenthal reported that Tompkins County may request modifications to the parking arrangements that were approved in the Memorandum of Understanding for Block 14. The Committee is expecting to hear a new proposal at the June 17, 1996 meeting. LAW AND GOVERNANCE COMMITTEE: * 18.2 Call for RFP for Telecommunications Franchise Consulting By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, the Ithaca Cable Commission passed a unanimous resolution calling for a Request for Proposals (RFP's) to assist the City in developing and negotiating the next telecommunications agreement, and WHEREAS, this process mirrors our previous negotiations which resulted in a contract that was vastly superior to our previous contract, and WHEREAS, the Intermunicipal Cable Commission is discussing the cost of sharing aspects of this consulting assistance; now, therefore, be it RESOLVED, That Common Council authorizes the Ithaca Cable Commission, to prepare an RFP (consulting cost shall not exceed $100,000), to develop and negotiate a new telecommunications franchise agreement, and, be it further RESOLVED, That the Cable Commission coordinate this work with the City Attorney's office. Alderperson Efroymson noted that the City fully assumes that the $100,000. fee will be shared with municipalities across the County. Mayor Cohen stated that the consultant's fee should be negotiated with the companies as it was in the past. A vote on the resolution resulted as follows: Carried Unanimously Alderperson Thorpe left the meeting at 10:45 p.m. NEW BUSINESS: * 19.1 A Local Law Adding a New Section (3) to Section C-5E of the Ithaca City Charter Regarding Residency of Public Officers June 5, 1996 By Alderperson Efroymson: Seconded by Alderperson Shenk LOCAL LAW NO. 3 OF THE YEAR 1996 BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section C-5. E. is hereby amended to add the following subsection (3): C-5. E. (3) To the extent that any of the provisions of this Charter, Chapters of the Municipal Code, or Resolutions of Common Council establish residency requirements for public officers which are more expansive than those established by N.Y.S. Public Officers Law Section 3, it is the intention of Common Council to supersede Public Officers Law Section 3 to the maximum extent permitted by any applicable "special law" exceptions to the Public Officers Law which are in existence now or which may be adopted hereafter. Section 2. Effective Date. This local law shall take effect immediately after filing in the Office of the Secretary of State. Carried Unanimously * 19.2 Home Rule Request for an Act to Authorize a Residential Parking Permit System in the City of Ithaca By Alderperson Blumenthal; Seconded by Alderperson Johnson WHEREAS, a special law entitled "An Act to amend the Vehicle and Traffic Law, in relation to authorizing a residential parking system in the City of Ithaca in the County of Tompkins", Assembly No. A-9657-A, and Senate No. 6741-A, have been introduced in the New York State Legislature; now, therefore, be it RESOLVED, That the Mayor and the City Clerk are hereby authorized and directed to file a Home Rule Request with the New York State Legislature requesting that it enact the above-referenced special law entitled "An Act to amend the Vehicle and Traffic Law, in relation to authorizing a residential parking system in the City of Ithaca in the County of Tompkins", Assembly No. a-9657-A, and Senate No. S-6741-A. City Attorney Geldenhuys explained that concerns were raised by the Assembly Sub-committees reviewing the legislation. The sub- committees amended some of the original wording, but the parking permit area remains the same. A vote on the resolution resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting was adjourned at 10:55 p.m. Julie Conley Holcomb, Alan J. Cohen, City Clerk Mayor