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HomeMy WebLinkAboutMN-CC-1996-10-02October 2, 1996 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. October 2, 1996 PRESENT: Mayor Cohen Alderpersons (10) - Johnson, Sams, Shenk, Mackesey, Hanna, Gray, Thorpe, Efroymson, Marcham, Blumenthal OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Building Commissioner - Eckstrom Planning and Development Deputy Director - Sieverding Community Development Director - Stevenson Acting Police Chief - Barnes Deputy Fire Chief - Dorman Board of Public Works Commissioners -Reeves, Ehrhardt, Davidoff, Smith, Vargas PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Shenk requested the deletion of Item 15.5 - Other Service Agency 1995 Funding Recommendations to Mayor on Ithaca Breast Cancer Alliance - Resolution. No Council member objected. Alderperson Shenk requested the addition of Item 15.10 - Temporary Appointment to the Position of Deputy City Chamberlain - Resolution. No Council member objected. New Business Alderperson Efroymson requested the addition Item 19.1 - Selection of a Representative from Common Council the Business Improvement District (BID) Convening Committee - Possible Resolution. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code (400 Block East State Street Rezoning) Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider an Ordinance amending the Zoning Map establish pursuant to Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code (400 Block East State Street Rezoning) be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Public Hearing to consider an Ordinance amending the Zoning Map establish pursuant to Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code (400 Block East State Street Rezoning) be declared closed. Carried Unanimously October 2, 1996 Public Hearing to Consider an Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code (B-1 Zone/Medical Offices Zoning Amendment) Resolution to Open Public Hearing By Alderperson Johnson: Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing to Consider an Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code (B-1 Zone/Medical Offices Zoning Amendment) be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Public Hearing to Consider an Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code (B-1 Zone/Medical Offices Zoning Amendment) be declared closed. Carried Unanimously Public Hearing to Consider the Sale of Property to the Sciencenter Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Efroymson RESOLVED, That the public hearing to consider the sale of property to the Sciencenter be declared open. Carried Unanimously No one appeared to address the Council. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Blumenthal RESOLVED, That the public hearing to consider the sale of property to the Sciencenter be declared closed. Carried Unanimously Public Hearing to Consider Disposition of City Land to the Mutual Housing Association Resolution to Open Public Hearing By Alderperson Johnson: Seconded by Alderperson Mackesey RESOLVED, That the public hearing to consider disposition of City land to the Mutual Housing Association be declared open. Carried Unanimously Mr. Paul Mazzarella, Executive Director of Mutual Housing Association, thanked members of Common Council for the support they have given to the issue of affordable housing, and specifically to the assistance that they have provided to the Mutual Housing Association. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Blumenthal RESOLVED, That the public hearing to consider disposition of City land to the Mutual Housing Association be declared closed. Carried Unanimously YOUTH AWARD: Alderpersons Efroymson and Sams presented the October 1996 Youth Award to Elizabeth Seldin, Michael Davis, Danielle Lee, Jordan Meeks, and Steven Davis for their support and help in the creation of the GIAC Computer Room. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 1997 Department of Public Works Budget Board of Public Works Commissioners Ehrhardt, Reeves, Vargas, Davidoff, and Smith appeared before Council regarding the 1997 Department of Public Works budget. They offered a pictorial presentation on the deterioration of the City's streets, sidewalks, bridges, parks, and water and sewer equipment. The October 2, 1996 Commissioners requested Council's support of increased funding to ensure the delivery of services essential to the health, safety, economic strength, and neighborhood life of Ithaca and its citizens. Bicycle Paths in the Route 96 Project Mr. David Nutter, resident of the City of Ithaca, spoke to Council regarding the bicycle paths in the Route 96 project. He stated that there is less room for bicyclists on Green, Seneca and State Streets than had been promised. Mr. Nutter also expressed concern about the removal of parking in the project area. County Sales Tax Disallowance in January Ms. Beverly Apgar, spoke to Council on behalf of various downtown businesses, the Issues and Action Committee of Downtown Ithaca and City Affairs Committee for the Chamber of Commerce. She stated that they ask for the support of Common Council in lobbying the County Board to disallow the 4% County sales tax on clothing and footwear for the third week in January. Elmira Road Property Mr. Stuart Stein, Chairperson of the Tompkins County Board of Representatives, spoke to Council regarding a purchase offer the County received, from a private party, for a parcel of land on the Elmira Road. A special committee has been appointed to review the purchase offer, and brought forth a proposal. The Tompkins County Board of Representatives has offered the land that the County currently owns along the Elmira Road to the City for a price and terms to be negotiated. This offer is partly in response to the City Council's resolution of September 4, 1996 in which the City requested that the County "consult and coordinate with the City before any County owned land in the area is conveyed to private parties." He stated that such a sale to the City will give the City complete control over the future use of the land and will also simplify negotiations relating to the rear portion of the County owned parcel which the City may need for conservation, recreation or other purposes. Negotiations regarding the details of transfer of ownership, and other terms must begin as soon as possible as the County is in receipt of an offer for purchase of the land that needs to be addressed within a reasonable period of time. Mr. Stein requested that the City either accept the offer from the County to negotiate for transfer of ownership to the City, or take formal action to reject this offer so that the County can proceed as rapidly as possible to complete its negotiations with the private party that wishes to purchase the land. Fulton Street Parking Mr. Guy Gerard, City of Ithaca, addressed Council regarding the removal of parking on Fulton Street in conjunction with the Route 96 project. He stated that in his opinion the NYS Department of Transportation has violated the spirit of an earlier agreement by the removal of parking. Ms. Cynthia Yahn, representing the West End Business District and residents in the West End, also addressed Council regarding the removal of parking on Fulton Street and described how it has affected the businesses and residents in that area. BID Steering Committee Mr. Art Pierce, Chairperson of the BID Steering Committee, addressed Council regarding the status of the Business Improvement District (BID). He requested that three City representatives be appointed to the Committee as soon as possible. RESPONSE TO THE PUBLIC: October 2, 1996 Alderpersons Johnson, Mackesey and Efroymson complimented the Board of Public Works for the visual presentation of the condition of the existing infrastructure of the City. Alderpersons Mackesey and Marcham responded to comments made regarding the January Sales Tax Holiday. Alderperson Efroymson responded to comments made regarding the parking situation in the Route 96 project area. COMMUNICATIONS FROM THE MAYOR: Proclamations Mayor Cohen presented the following proclamations: Disability Employment Awareness Month - October, 1996 Alpha Kappa Alpha Sorority Day - October 5, 1996 Breast Cancer Awareness Week - October 14 - 20, 1996 Frank H. T. Rhodes Day - October 29, 1996 Letters of Commendation Mayor Cohen stated that he has received letters of commendation for Chris Irvin and David VanEtten, Department of Public Works employees, and Tom Nix from the Building Department. Mayor Cohen thanked these employees for their dedicated service to the City of Ithaca. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Disability Advisory Council Alderperson Sams reported that the Disability Advisory Council, the Fingerlakes Independence Center, and the Senior Center will hold a joint press conference on November 6, 1996 regarding snow removal. REPORT OF THE CITY CLERK: Mayor's Veto Message City Clerk Holcomb stated that she has distributed copies of the Mayor's Veto Messages for the three referendum local laws that were vetoed in September. Additional copies are available in the City Clerk's office. REPORT OF THE CITY ATTORNEY: City Hall Annex Closing City Attorney Geldenhuys reported that the real estate closing for the City Hall Annex has been completed. West End Parking City Attorney Geldenhuys reported that Community Development Block Grant (CDBG) funding was approved for the parking lot in the 600 block of West Buffalo Street. The funding should be released in November. Transfer of Land City Attorney Geldenhuys reported that she will be processing the transfer of land to the MHA and the Sciencenter pending approval of those transactions. REPORT OF COUNCIL LIAISONS: Recreation Partnership Update Alderperson Hanna reported that various communities in Tompkins County as well as the users, will be paying a larger share of the program costs. Smaller municipalities who joined the partnership at a reduced rate have made a commitment to increase their contributions gradually over a three-year period. They are asking for support from the County and the full cost members of the partnership. The partnership is asking the County Board of Representatives to recognize that the pilot period of two years was too short to provide a sound foundation for the partnership. All of the participating municipalities have asked the County to continue to provide $35,000 a year for the next three years. October 2, 1996 Children and Youth Report Alderperson Hanna stated that the Ithaca Child report was issued in July. The Youth Bureau, GIAC, Southside Community Center, the Ithaca City School District, members from community organizations and members of Common Council are currently reviewing this report. A proposal is forthcoming which will request modest funding to address some of the issues identified in the report. LAW AND GOVERNANCE COMMITTEE: Over-ride of Mayor's Veto - Referendum Item A (Appointment to Board of Zoning Appeals) By Alderperson Efroymson: Seconded by Alderperson Shenk RESOLVED, That Common Council over-rides the Mayor's veto of Referendum Item A - A Local Law to Require That Any Appointment Made by the Mayor to the Board of Zoning Appeals Must Be Approved by the Common Council. Alderperson Efroymson explained that an over-ride of a veto requires an affirmative vote of two-thirds of the members of Common Council. He further stated that if Council passes the veto over-rides, they will appear on the 1997 General Election ballot. Alderperson Marcham noted that she opposes this issue as the Board of Zoning Appeals is a quasi-judicial board and should be insulated from politics. She stated that the original City Charter made this a part of the balance and the separation of powers. Further discussion followed on the floor with comments from Alderpersons Shenk, Thorpe, and Johnson speaking in favor of the over-ride motion. A vote on the Resolution resulted as follows: Ayes (9) Shenk, Mackesey, Sams, Efroymson, Johnson, Blumenthal, Hanna, Gray, Thorpe Nays (1) Marcham Carried Over-ride of Mayor's Veto - Referendum Item B (Appointment to the Planning Board By Alderperson Efroymson: Seconded by Alderperson Mackesey RESOLVED, That Common Council over-ride the Mayor's veto of Referendum Item B - A Local Law to Require that any Appointment Made by the Mayor to the Planning Board must be Approved by the Common Council. Alderperson Marcham spoke in opposition of the motion to over- ride as the public elects a Mayor based on his position on planning and economic development policies. Unless the Mayor has appointment power to the Planning and Development Board, he has no way to institute his policies. Further discussion followed on the floor with Alderpersons Mackesey, Hanna and Thorpe speaking in favor of the motion. Alderperson Hanna read the Mayor's veto message into the record as follows: "The Mayor runs on a platform representing particular beliefs and policies, and he or she is duly elected by the entire City. The electorate expects this person to move forward on the ideas that were presented during the campaign. Appointments to the Planning and Development Board most directly impact the Mayor's ability to influence the direction of City policy. To subject Mayoral appointments to Council approval for the Board diminishes the effectiveness of the Mayor to implement his or her policies." A vote on the resolution resulted as follows: October 2, 1996 Ayes (9) - Efroymson, Johnson, Hanna, Gray, Thorpe, Shenk, Mackesey, Sams, Blumenthal Nay (1) - Marcham Carried Over-ride of Mayor's Veto - Referendum Item E3 (Appointment to Position of Police Chief) By Alderperson Efroymson: Seconded by Alderperson Shenk RESOLVED, That Common Council over-ride the Mayor's veto of Referendum Item E3 - A Local Law to Require That an Appointment to the Position of Police Chief shall be made through the Search Committee Procedure. Mayor Cohen read his veto message into the record as follows: "The role of the Police Department and Police Chief is unique. The police are responsible for the welfare and safety of our citizens, and are provided with the equipment necessary to enforce our laws. The enforcement of laws and the protection of the public welfare can not be subjected to rule by committee. In times of danger or crisis, one person has to be answerable to make the decisions. The department needs to have a clear line of command. This is why, even though the City Charter states that the Mayor is the Chief Executive Officer of the City, it also specifically states that the Mayor is head of the Police Department. Civilian oversight of the department is provided for in the City Charter by designating the Mayor as head of the Police Department. Citizen input is also assured by the establishment of the Community Police Board. Another problem with the Police Chief resolution involves the selection process. The selection process spelled out in the Charter does not guarantee inclusiveness or public input, and should be changed. The voting membership of the selection committee is limited to three Council members, three lay board members and one person with professional expertise in the field. By restricting the pool from which you can draw the members of the selection committee, you would limit your opportunities to appoint a group which mirrors the diversity of the community. The diversity of the selection committee is a critical factor in the selection of a police chief." Extensive discussion followed on the floor with Alderperson Marcham speaking in opposition to the motion, and Alderpersons Efroymson, Hanna, Mackesey, Shenk, Thorpe speaking in favor of the motion. A vote on the resolution to resulted as follows: Ayes (9) - Efroymson, Johnson, Thorpe, Sams, Hanna, Shenk, Mackesey, Blumenthal, Gray Nay (1) - Marcham Carried Health and Human Services Emergency Funding Requests By Alderperson Efroymson: Seconded by Alderperson Mackesey WHEREAS, health and human service agencies have approached and continue to approach Common Council with mid-year emergency funding requests, and WHEREAS, Common Council's capability to meet all requests is not possible, and its use of taxpayer funds for these purposes needs to be planned rather than responded to on a case-by-case basis, and WHEREAS, the Human Services Coalition has agreed to review such requests and help the agencies substantiate the appropriate documentation; now, therefore, be it October 2, 1996 RESOLVED, That any mid-year health and human service funding requests first be presented to the Human Services Coalition for a mini-review to evaluate the appropriateness and need for such funding before it will be considered by the Common Council. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Sale of City Property to the Sciencenter By Alderperson Blumenthal: Seconded by Alderperson Mackesey WHEREAS, Common Council has authorized the transfer of the eastern portion of tax map parcel 21-2-1 to the Ithaca Urban Renewal Agency (IURA) for the purpose of implementing the Urban Renewal Plan and the Northside Design Study, and WHEREAS, the Sciencenter has previously acquired the western portion of this parcel under a long term lease with the City of Ithaca and has constructed the first phase of a multi phase Sciencenter, and WHEREAS, the Sciencenter has proposed acquiring the eastern portion of this parcel so it can construct an approximately 10,000 s.f. expansion to the existing Sciencenter building, and WHEREAS, the proposed improvements are consistent with the economic development goals of the Urban Renewal Plan and with the conclusion of the Northside Design Study and will result in improving the physical environment of the area, and WHEREAS, the Sciencenter has a demonstrated ability to complete all the steps necessary to develop the site with the proposed expansion, and WHEREAS, the sale of this parcel will result in a number of economic benefits to the City as detailed in the "Sciencenter Proposal for Acquisition of Land for Phase III Expansion" dated July 31, 1996, and WHEREAS, the Common Council sponsored a public hearing on the proposed sale of this parcel to the Sciencenter as called for in the Urban Renewal land disposition procedures; now, therefore, be it RESOLVED, That Common Council approves the sale of the eastern portion of tax map parcel 25-2-1, located at the corner of Franklin Street and Lake Avenue, by the Ithaca Urban Renewal Agency to the Sciencenter pursuant to the terms of the Purchase Agreement dated September 23, 1996. Carried Unanimously Ms. Lani Peck, President of the Sciencenter, thanked Council for their show of faith, on behalf of the Board of Directors of the Sciencenter, and all of the hundreds of volunteers who have labored with love to create this unique community educational resource, and all of the many visitors who come from within our city and from outside the city to the Sciencenter. BUDGET AND ADMINISTRATION COMMITTEE: Mayor - Search Process for Police Chief - Discussion William and Mary Kaye Trochim, addressed Council regarding their presentation on the selection process of the new Police Chief. Extensive discussion followed on the floor regarding the Trochim's request for a commitment from Common Council to support, and follow this process through the end. Ms. Trochim noted that the next step is for Council to consider who to appoint to the Start-Up Committee, which was described in the materials distributed to Council. RECESS: Common Council recessed at 9:55 p.m. and reconvened at 10:05 p.m. October 2, 1996 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Parking on Fulton Street By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca in August of 1991 entered into an agreement with New York State Department of Transportation (NYSDoT) regarding the provision of one lane of parking on Fulton Street between Esty and Buffalo Streets, and WHEREAS, this agreement called for the provision of parking until such time as traffic conditions required its removal, and WHEREAS, the NYSDoT has informed the City of Ithaca of its intention to remove the parking on Fulton Street at the time the Fulton/Meadow one-way pair is first put into operation, and WHEREAS, the removal of the parking will have a significant negative impact on the remaining residents and businesses on Fulton Street between Court and Buffalo Streets, and WHEREAS, the City gave approval of the Route 96 project on the assumption that this parking would remain available for a significant period of time after construction of the highway project, and WHEREAS, serious negative impacts on residents and businesses will also occur on the blocks along Fulton Street between Buffalo and Green Streets; now, therefore, be it RESOLVED, That the City does formally request that NYSDoT provide one lane of parking on the east side of Fulton Street between Esty and Green Streets and that NYSDoT not remove the parking on Fulton Street until the Route 96 project is complete and enough time has elapsed to accurately evaluate the operational characteristics of Fulton Street and its intersections with Esty, Court, Buffalo, Seneca, State, and Green Streets, and be it further RESOLVED, That the City Clerk be directed to forward certified copies of this resolution to Senator Seward and Assemblyman Luster and ask for their assistance in the resolution of this matter. Discussion followed on the floor regarding the severity of the parking problems in this area of the City. A vote on the resolution resulted as follows: Carried Unanimously West Buffalo Street Temporary Parking Request - Report Alderperson Blumenthal reported that a request has been made for the restoration of temporary parking on West Buffalo Street until the Buffalo Street residential parking lot is constructed, the bridge is open. Alderperson Blumenthal stated that Planning and Development Director Van Cort will be writing a letter to NYSDoT in regard to this matter. She suggested that a group of City representatives meet with Mr. Moynihan, Regional Director of the NYS Department of Transportation, as soon as possible to show him the impacts that the removal of parking has had on the businesses and residential housing in this area. Long-Term Parking Study Alderperson Blumenthal stated that a request has been made for the City to complete a parking study, and develop long-term recommendations to assist stabilization of development in the West End. The response of the Planning Committee was constrained as this study would entail collecting utilization and turn-over rates to determine supply and demand. Planning and Development Director Van Cort estimated that a parking study of this nature October 2, 1996 could cost between $30,000 to $80,000. It would be helpful to have at least a base line survey done of what off-street parking is available and what the West End land uses are. It may be possible to have a planning student intern work on this matter. BUDGET AND ADMINISTRATION COMMITTEE: Finance/Controller - Request to Approve 1995 Annual Financial Report By Alderperson Shenk: Seconded by Alderperson Hanna RESOLVED, That the 1995 Annual Financial Report prepared by the Finance Department be approved as presented. Carried Unanimously Planning & Development - Authorize Mayor to Execute Agreements Related to Bicycle Masterplan Implementation Project By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, a project for preparation of a City of Ithaca Bicycle Master Plan, P.I.N. 3950.02, funded for in Title 23 US Code, as amended, calls for the apportionment of the costs of such program to be borne at the ratio of 80% federal funds and 20% non-federal funds, and WHEREAS, the City of Ithaca wishes to advance the above project by making a commitment to provide 100% of the non-federal share of the costs of implementation of improvements identified as priority items by the plan, at the time such plan is approved by the City, such funding to be reimbursed as provided for in Title 23 USC, as amended, and WHEREAS, Common Council, during the 1996 Budget adoption, approved a project for the Bicycle Masterplan Implementation in the amount of $80,000; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, duly convened, hereby reaffirms its authorization for Capital Project 325, Bicycle Masterplan Implementation, in the amount of $80,000.00 to be used for front-end funding of priority improvements so identified in the final approved bicycle master plan; such funding representing the City's 20% share, or $16,000, and the federally-reimbursable 80% share of $64,000, and be it further RESOLVED, That the Common Council hereby authorizes the Controller of the City of Ithaca to pay 100% of the $16,000 non- federal share of the cost of such priority improvements when undertaken in accordance with the approved plan, and be it further RESOLVED, That the sum of $16,000.00 is hereby appropriated to cover the cost of participation in the above phase of the project, and be it further RESOLVED, That in the event the full non-federal share costs of the project exceed the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation, and be it further RESOLVED, That the Mayor of the City of Ithaca be, and is, hereby authorized to execute all necessary agreements on behalf of the City of Ithaca with the New York State Department of Transportation approving of the above subject project and providing for the City's administration of the project and its participation in the cost of the local share of the subject project, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreements in connection with the project, and be it further October 2, 1996 RESOLVED, That funds in the amount of $80,000 will be derived from the issuance of Serial Bonds and repayment of the $64,000 federal share will be made upon receipt of the federal grant. Carried Unanimously Finance/Chamberlain - Request to Deny Waiver of Tax Penalty By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the property owner at 714 and 718 West Clinton Street has requested an expungement of penalties on the 1996 second installment of taxes, and WHEREAS, the City Chamberlain and Budget and Administration Committee have reviewed the request and supporting documentation and have determined, based on New York State Real Property Tax Law, that the tax collector must honor the US Postal Service postmark as the tax paid date; now, therefore, be it RESOLVED, That the request for tax penalty expungement, by the property owner at 714 and 718 West Clinton Street, be denied. Carried Unanimously Common Council - Other Service Agency 1997 Funding Recommendations to Mayor on Ithaca Breast Cancer Alliance This Item was withdrawn from the agenda. * Alderperson Thorpe left the meeting at 10:45 p.m. Attorney - Request Funds for Abstract to Determine Ownership of Lehigh Valley Property on Jungle Island By Alderperson Shenk: Seconded by Alderperson Efroymson WHEREAS, the City Attorney's Office has recommended that the City determine ownership of the old Lehigh Valley property on Jungle Island for purposes of public health and safety reasons, and WHEREAS, the estimated cost of an abstract for the property on Jungle Island is $400; now, therefore, be it RESOLVED, That an amount not to exceed $400 be transferred from Account A1990 Unrestricted Contingency to Account A1420-430 Attorney Fees for the purpose of funding said abstract. Alderperson Shenk explained that the City owns a portion of this parcel, and Conrail owns the other portion of it. Several concerns have been raised about fire hazards in that area. The City would like to clear the brush out, and Conrail is willing to pay for the clearing of their section but ownership of the middle section of the parcel needs to be determined before this can be completed. Alderperson Efroymson requested for the record that appropriate City and human service agencies are notified and asked for their assistance to make sure that the residents in this area are aware of what is happening before any action is taken. A vote on the resolution resulted as follows: Ayes (8) - Shenk, Efroymson, Johnson, Blumenthal, Gray, Nay (1) - Hanna Carried Fire Department - Request Funding for Americorps Grant Expenses By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the Fire Department has successfully applied for and received an Americorps grant, and WHEREAS, the Americorps program has netted an increase of about twelve bunkers from last year with an additional pool of applicants in process, and October 2, 1996 WHEREAS, the Americorps program has placed unfunded and increased demands on various Fire Department expenditure areas such as; training costs, uniform costs, administrative support costs, training supplies and health insurance costs, and WHEREAS, the total of these unfunded Americorps program costs for 1996 are $5,893 with additional costs due in 1997; now, therefore, be it RESOLVED, That an amount not to exceed $5,893 be transferred from Account A1990 Unrestricted Contingency to the following Fire Department accounts for the purpose of funding the 1996 Americorps program expenses: A3410-5105 Administrative Salaries $ 425 A3410-5110 Staff Salaries 220 A3410-5415 Clothing 1,670 A3410-5435 Contracts 1,500 A3410-5440 Staff Development 1,478 A3410-5460 Program Supplies 600 $5,893 Carried Unanimously DPW - Request to Amend DPW Authorized Personnel Roster By Alderperson Shenk: Seconded by Alderperson Gray WHEREAS, Toby Krantz was hired as a part-time and seasonal employee to manage the City's 1996 sidewalk program through August 30, 1996 which he has successfully completed, and WHEREAS, Mr. Krantz has demonstrated good skills and judgment in developing the contract documents and managing the construction phases of the work, and WHEREAS, the Engineering Group and the Water and Sewer Group have an extensive backlog of approved capital projects which they wish to complete and which can benefit from both Mr. Krantz's skills and his familiarity with City personnel, procedures and projects, and WHEREAS, Mr. Krantz is currently available while he searches for a permanent position to start his career; now, therefore, be it RESOLVED, That the 1996 Authorized Personnel Roster be amended by extending the employment of Toby Krantz until December 31, 1996 at a rate of pay of $14.69 an hour, not to exceed $14,500 including benefits applicable to a temporary employee, and be it further RESOLVED, That the funds for said personnel roster amendment be derived from Capital Projects #506 Water Supply and Distribution and #606 Sewer Collection Systems Improvement. Carried Unanimously Commons Coordinator - Request to Permit Wine Tasting and Sale of Bottled Wine at Apple Harvest Festival By Alderperson Shenk: Seconded by Alderperson Mackesey RESOLVED, That King Ferry Winery shall be authorized to sell wine and to permit tasting of the wines it sells at a booth during the Apple Harvest Festival held on the Ithaca Commons from October 4 - October 6, 1996, subject to said entity's compliance with all applicable State and Local Laws and Ordinances. Carried Unanimously Finance/Chamberlain - Temporary Appointment to Position of Deputy City Chamberlain By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, City Chamberlain Debra Parsons is on medical leave for a period of up to 8 weeks, beginning October 2, 1996; now, therefore, be it October 2, 1996 RESOLVED, That Joyce Day, currently the Office Manager in the Chamberlain's Office, be temporarily appointed to the position of Deputy City Chamberlain, for a period of up to eight (8) weeks, at an annual salary of $40,044. This salary represents an increase of 8%, and is consistent with out of title provisions of the current CSEA Administrative Unit Contract. Carried Unanimously Sales Tax Holiday By Alderperson Mackesey: Seconded by Alderperson Hanna RESOLVED, That Mayor Cohen be directed to write a letter to the Tompkins County Board of Representatives endorsing the January Sales Tax Holiday. Extensive discussion followed on the floor with Council members voicing their concerns regarding the loss of sales tax revenue, as well as the additional burden of calculating different sales tax rates will place on local merchants. A vote on the Resolution resulted as follows: Ayes (5) Mackesey, Sams, Blumenthal, Hanna, Gray Nays (4) Johnson, Efroymson, Shenk, Marcham Motion Fails PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: An Ordinance Amending Section 325-5, Zoning Map, of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code, Regarding Re-zoning an Area From B-4 to CBD-60--Declaration of No Significant Environmental Impact By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, an Ordinance amending Section 325-5, Zoning Map, of Chapter 325, regarding re-zoning an area from B-4 to CBD-60, has been submitted to Common Council for consideration, 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, appropriate environmental review has been conducted, 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 October 1, 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 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 hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office, and forward the same to any other parties as required by law. Carried Unanimously An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code (400 Block East State Street Rezoning) By Alderperson Blumenthal: Seconded by Alderperson Johnson ORDINANCE NO. 96 __ AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. October 2, 1996 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING THE ZONING MAP. 1. The "Official Zoning Map of the City of Ithaca, New York", as last amended, is hereby amended and changed so that the following described area presently located in the B-4, Business District, is reclassified and changed to the CBD-60, Central Business District: All that tract and parcel of land described as follows: Beginning at a point in the northeasterly corner of the northerly portion of City of Ithaca tax parcel number 69-6-3; thence southerly along the easterly boundary line of the northerly portion of tax parcel number 69-6-3 to the south- easterly corner of the northerly portion of tax parcel number 69- 6-3; thence southerly on the same course as the easterly boundary line of the northerly portion of tax parcel number 69-6-3 to a point in the southerly boundary line of tax parcel number 69-6- 15; thence westerly along the southerly boundary line of tax parcel number 69-6-15 to the southwesterly corner of tax parcel number 69-6-15; thence westerly to the southeasterly corner of the southerly portion of tax parcel number 69-6-3; thence westerly along the southerly boundary line of the southerly portion of tax parcel number 69-6-3 to the southwesterly corner of the southerly portion of tax parcel number 69-6-3; thence northerly, along the westerly boundary line of the southerly portion of tax parcel number 69-6-3; thence northeasterly along the northwesterly boundary line of the southerly portion of tax parcel 69-6-3, thence easterly along the northerly boundary line of the southerly portion of tax parcel number 69-6-3 to a point, said point being the southwesterly corner of tax parcel number 69-6-1; thence northerly and northeasterly along the westerly and northwesterly boundary line of tax parcel number 69-6-1 to the northeasterly corner of tax parcel number 69-6-2; thence easterly along the northerly line of tax parcel number 69-6-2 to the northeasterly corner of tax parcel number 69-6-2; thence easterly to the northwesterly corner of the northerly portion of tax parcel number 69-6-3, thence easterly along the northerly boundary line of the northerly portion of tax parcel number 69-6- 3 to the point or place of beginning. This area includes all of tax parcel numbers 69-6-3, 69-6-1, and 69-6-2, and a portion of tax parcel number 69-6-15. SECTION 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code--Declaration of No Significant Environmental Effect By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, an Ordinance Amending Section 325-8, District Regulations Chart, of the City of Ithaca Municipal Code, to modify the list of permitted uses in B-1 and C-SU zones, 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 October 2, 1996 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 September 24, 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 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 hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code (B-1 Zone/Medical Offices Zoning Amendment) By Alderperson Blumenthal: Seconded by Alderperson Efroymson ORDINANCE NO. 96 -- An Ordinance Amending the Zoning Map, Section 325-8 of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 325-8 entitled "District Regulations" is hereby amended as follows: 1. Revise Item 2 in Column 2, Permitted Primary Uses, for C-SU to read: “2. Professional offices of computer consultant, architect, engineer, lawyer, realtor, accountant, planning, management, design and finance consultants, and similar occupations based on provision of written, verbal, graphic or electronically-transmitted materials to clients; or medical or dental offices. (See Sec. 325-42, -43, and -44)” 2. Delete Item 3 in Column 2, Permitted Primary Uses, for C-SU. 3. Revise Item 1 in Column 2, Permitted Primary Uses, for B-1 to read: “1. Any use permitted in C-SU.” Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously Designation of the Mutual Housing Association as Preferred Sponsor for Land Sale By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, the City of Ithaca supports the goal of creating affordable housing opportunities and, October 2, 1996 WHEREAS, the City of Ithaca has transferred to the Ithaca Urban Renewal Agency (IURA) a parcel of land adjacent to the existing Mutual Housing Association of Tompkins County (MHATC) project, for the intended purpose of selling the parcel to MHATC for use in developing affordable housing, and WHEREAS, the proposed improvements are consistent with the development goals of the Urban Renewal Plan and with the conclusions of the Northside Design Study, and will result in an increase in the stock of affordable housing, and WHEREAS, the IURA intends to transfer the land to the MHATC for a sale price of $1, stipulating a completion date, and with an agreement containing reversion language for non-performance or the cessation of use for affordable housing; now, therefore, be it RESOLVED, That the Common Council endorses the sale of this land to MHATC by the IURA per the above terms and conditions, pending the designation by the IURA of the MHATC as the prime sponsor for the project and per the holding of a public hearing by the Common Council, as required by the IURA land disposition process. Ayes (8) - Blumenthal, Efroymson, Hanna, Gray, Shenk, Mack Nays (0) Abstention (1) - Sams Carried The “Clean Water, Clean Air” Bond Act By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, Governor George Pataki proposed a “Clean Water, Clean Air” Bond Act to help improve the State’s economic competitiveness and protect local governments from burdensome unfunded environmental mandates, and WHEREAS, the Legislature passed legislation which would authorize the State to borrow $1.75 billion to improve drinking water standards, upgrade wastewater treatment systems, provide funding for solid waste initiatives, and improve air quality, and WHEREAS, the Bond Act addresses significant environmental problems in both urban and rural locations and provides local real property tax relief by targeting existing environmental mandates, and WHEREAS, the programs that would be funded with proceeds from the Bond Act include: Water quality improvements and upgrades of sewage treatment facilities; Municipal parks and open space preservation; Improvements to drinking water systems; Landfill closures and recycling programs; Cleanup and reuse of contaminated sites known as “brownfields”; and Projects to improve air quality, and WHEREAS, without the resources of the Bond Act, local governments would be required to comply with these federal and state mandates by continuing to rely on the local property tax, and WHEREAS, the City is eligible for such funding, and WHEREAS, the “Clean Water, Clean Air” Bond Act will appear on the November, 1996 ballot for passage by the voters of New York State; now, therefore, be it RESOLVED, That the City of Ithaca hereby supports the 1996 “Clean Air/Clean Water” Bond Act and urge its approval by the voters of New York State during the November, 1996 General Election. Carried Unanimously Awning Ordinance Revisions - Report Alderperson Blumenthal reported that the Planning Committee has reviewed the awning ordinance and has decided to eliminate color as a consideration in the procedure for approval of awnings. She October 2, 1996 stated that approval of awnings would be granted by the Building Commissioner. A draft ordinance is forthcoming. New Southwest Park/Provision of Public Access From Elmira Road - Report Alderperson Blumenthal reported that this issue will be discussed in detail at the next Planning Committee meeting. Southwest Area Land Use Study Alderperson Blumenthal reported that the Planning Board voted unanimously to support the re-zoning of the portion of the area presently zoned for mobile homes to B-5. She stated that an environmental review needs to be completed by the City for a zoning change, but because of the size of the property, an environmental review would be very costly. The Mayor suggested that the City delay the review as it may be possible to have a prospective developer conduct it. Discussion followed on the floor regarding the possible development of this site. Steep Slopes - Report Alderperson Blumenthal reported that the Conservation Advisory Council has requested re-zoning along the hillsides of Cliff Street, Floral Avenue and Linn Street. She and Planning and Development Director Van Cort have agreed to define the areas to investigate and to produce maps with the requested boundaries of 100 to 150 feet. An intern may be able to research how other communities have created steep slope ordinances. Automated Parking Equipment Alderperson Blumenthal reported that the Board of Public Works have discussed details and policies which coincide with magnetic stripe technology. The City hopes to have the automated parking equipment in place soon. Memorandum of Understanding with New York State Office of Parks, Recreation and Historic Preservation By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has previously decided to alienate and convert approximately six and one half acres of land on Inlet Island, and WHEREAS, it has decided to acquire 72 acres of replacement property located at Ithaca Falls, Six Mile Creek corridor and Inlet Trail, and WHEREAS, it has been determined by the New York State Office of Parks, Recreation and Historic Preservation (Parks) that an archeological survey of some of these sites may be required, and WHEREAS, it is in the interest of both Parks and the City to proceed as expeditiously as possible with alienation, conversion and acquisition of substitute park lands; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to sign a Memorandum of Understanding dated October 3, 1996 with the New York State Office of Parks, Recreation and Historic Preservation, which commits the City to ensure that an archeological survey of each substitute parcel is made before any substitute parcel is developed. Carried Unanimously COMMUNITY ISSUES COMMITTEE: Neighborhood Improvement Incentive Fund By Alderperson Sams: Seconded by Alderperson Mackesey WHEREAS, this fund is set up in recognition of the many Ithaca residents who would like to take proactive measures to improve their communities, but who lack the financial ability to do so, October 2, 1996 and WHEREAS, because so many people are concerned about the deterioration of both the physical and social characteristics of their neighborhoods, this program offers an incentive for people to think creatively and practically about what types of things might do their neighborhoods the most good, and WHEREAS, the money in this fund should not substitute for neighborhood fund-raising or for capital improvements to the neighborhood; instead it is money to make small projects easily done and seed money for larger projects, and WHEREAS, the purpose of this fund is to give financial assistance to city residents who want to improve their neighborhoods, and WHEREAS, money will be given for a wide range of projects, including but certainly not limited to: neighborhood clean up, planting in public spaces, organizing neighborhood events like area-wide reuse events or block parties, holding meetings for residents, etc. but is not to be used for salaries or event organizers or for hours spent making physical improvements; the intention is that this money will encourage volunteerism, not replace it, and WHEREAS, this program includes funding for the public planting and neighborhood clean up trash tag programs. Projects that fall under these programs shall be subject to the rules and application process already approved for these programs, and WHEREAS, $2,500. will be set aside from unrestricted contingency in 1996 for this purpose. The money will be distributed in increments not to exceed $300. per year to any one group of people. Preference will be given to neighborhoods not recently granted money from this fund, and WHEREAS, Common Council recognizes the value of physical improvements to neighborhoods, to the health and welfare of City residents; now, therefore, be it RESOLVED, That the requirements shall be as follows: 1. The project must benefit the neighborhood generally; not just a select few residents. Preference will be given to projects that benefit many residents as opposed to few. 2. The application is a brief description of the proposed project, including documentation of costs involved, along with signatures of neighborhood residents. For requests under $100., five signatures are required; for requests over $100., 20 signatures are required. 3. The Neighborhood Planner will assist groups in the application process and will review applications before sending them to the Community Issues Committee to ensure appropriate environmental impact review standards are met, and other concerns are addressed. 4. Applications will be reviewed by the Community Issues Committee, which shall have the ability to authorize expenditures for the projects it approves, within the limits described above; and be it further RESOLVED, That $2,500. be transferred from Unrestricted Contingency to A1490-435 for the purpose of a Neighborhood Improvement Incentive Program as defined above. Carried Unanimously NEW BUSINESS: Appointment to the Business Improvement District (BID) Committee October 2, 1996 By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That Alderperson Blumenthal be appointed as a representative of Common Council to the Business Improvement District (BID) Committee. Carried Unanimously Police Chief Selection Process - Appointment to Start-Up Committee Alderpersons Thorpe, Shenk, Sams, and Johnson volunteered to serve on the Start-up Committee for the selection of a new Police Chief. ADJOURNMENT: On a motion the meeting adjourned at 11:40 p.m. Julie Conley Holcomb, CMC Alan J. Cohen City Clerk Mayor