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HomeMy WebLinkAboutMN-CC-1997-02-05 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. February 5, 1997 PRESENT: Mayor Cohen Alderpersons (9) - Blumenthal, Gray, Hanna, Johnson, Mackesey, Marcham, Sams, Shenk, Thorpe OTHERS PRESENT: Acting Police Chief - Barnes Building Commissioner - Eckstrom City Clerk - Conley Holcomb City Attorney - Geldenhuys City Chamberlain - Parsons City Controller - Cafferillo Community Development Administrator - Stevenson Fire Chief - Wilbur Planning and Development Director - Van Cort Planning and Development Deputy Director - Sieverding EXCUSED: Alderperson Efroymson PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of the January 8, 1997 Common Council Meeting Minutes By Alderperson Johnson : Seconded by Alderperson Sams RESOLVED, That the Minutes of the January 8, 1997 Common Council Meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Marcham requested that the following Board of Public Works Resolutions be added to the agenda as the Board did not have a voting quorum: Item 15.25 Northeast Transit Agreement - Resolution Item 15.26 Cold Storage Building - Resolution Item 15.27 Award of Bid for Demolition of 611 West Buffalo Street -Resolution Alderperson Marcham further requested the addition of Item 15.28 Award of Bid for Cascadilla Boathouse Stabilization - Resolution, and Item 15.29 Executive Session - Personnel issues. No Council member objected. SPECIAL ORDER OF BUSINESS: A Public Hearing to Review the Abbreviated Consolidated Plan from the Canal Corridor Initiative Program to be Submitted to HUD By Alderperson Blumenthal : Seconded by Alderperson Hanna RESOLVED, That the Public Hearing to Review the Abbreviated Consolidated Plan from the Canal Corridor Initiative Program be declared open. Carried Unanimously No one appeared before Council. Resolution to Close Public Hearing By Alderperson Johnson : Seconded by Alderperson Gray February 5, 1997 2 RESOLVED, That the Public Hearing to Review the Abbreviated Consolidated Plan and Application for Funding from the Canal Corridor Initiative Program be declared closed. Carried Unanimously A Public Hearing to Review the Application for Funding from the Canal Corridor Initiative Program to be Submitted to HUD By Alderperson Blumenthal : Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to Review the Application for Funding from the Canal Corridor Initiative Program be declared opened. Carried Unanimously No one appeared before Council. Resolution to Close Public Hearing By Alderperson Shenk : Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to Review the Application for Funding from the Canal Corridor Initiative Program be declared closed. Carried Unanimously A Public Hearing to Consider an Ordinance Amending Sections 300-1- 300-5 of Chapter 300 Entitled "Taxation" of the City of Ithaca Municipal Code Regarding Senior Citizens Tax Exemption. Resolution to Open Public Hearing By Alderperson Marcham : Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to Consider an Ordinance Amending Section 300-1 - 300-5, of Chapter 300 Entitled "Taxation" of the City of Ithaca Municipal Code Regarding Senior Citizens Tax Exemption be declared open. Carried Unanimously Marilyn Kinner, Village of Trumansburg, Director of the Senior Citizen's Council, addressed Council in support of the increased income exemptions allowed to senior citizens. Resolution to Close Public Hearing By Alderperson Gray : Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to Consider an Ordinance Amending Section 300-1 - 300-5, of Chapter 300 Entitled "Taxation" of the City of Ithaca Municipal Code Regarding Senior Citizens Tax Exemption be declared closed. Carried Unanimously YOUTH AWARD: Alderperson Gray presented the February, 1997, Youth Award to Kenny Brown for his involvement in the One to One Program and Cafe' Cayuga, which requires significant team work and diverse skills. Kenny has exhibited leadership qualities, hardwork, dedication, friendliness, resourcefulness and an eagerness to learn. MAYOR'S APPOINTMENTS: Mayor Cohen reported that he will have the liaison appointments to Council members by Friday, February 7, 1997. A listing of appointments for Boards and Commissions will be forwarded to Council for consideration at a possible Special meeting. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Albert Smith, Ithaca Downtown Business Improvement District Vice- President, and Chair of Government Relations & Public Services Committee, thanked Common Council for their support in the February 5, 1997 3 establishment of the BID. He submitted a list of names of the Board of Directors & Officers. Doria Higgins, Town of Ithaca, Citizens to Save Our Parks, addressed Council in support of the findings that the Festival Lands are park lands. She also spoke in support of retaining Jon Meigs and his position with the City of Ithaca. Ms. Higgins further raised the concern that if the skateboard park is located in Stewart Park, there would not be any adult supervision nearby in the evenings and on the weekends, as the Youth Bureau is only open 9 am - 5 pm, Monday through Friday. Barbara Ebert, City Representative to Tompkins County Environmental Management Council (TCEMC), presented a report from TCEMC regarding the Allen H. Treman State Marine Park Final Master Plan and Environmental Impact Statement. The EMC urges Common Council to retain ownership of the Festival Lands. Bill McCormick, City of Ithaca requested Council's support for the restoration of Michael Angley's public access privileges. Betsy Darlington, City of Ithaca, spoke in opposition to changes in the Planning Department, specifically the removal of the Planner II positions and the environmental review functions that Mr. Meigs provides. She suggested that Mr. Meig's position be changed to an Environmental Planner, to balance the Economic Development positions being added to the Department. Guy Gerard, City of Ithaca, spoke in opposition of the taxicab rate increases. He that feels that consumers are not given adequate information regarding taxi zones and rates, and that a metered system would provide improved customer service. He further noted that several of the operating regulations in the Taxicab Ordinance are being violated on a consistent basis, and requested that this issue be sent back to Committee for further review. John Kadar, owner of Lakes Taxi, addressed Council in favor of the taxicab rate increases. He conceded that the zone maps are confusing and not easily interpreted by the drivers. Cynthia Yahn, West End business owner, addressed Council on the Fulton Street parking restoration issue. A number of concerns were raised including the increased frequency of accidents, vehicular speed, sidewalk snow removal, and the rapid decline of safety as well as an increased loss of business due to the high traffic volume. RESPONSE TO THE PUBLIC: Alderpersons Shenk, Johnson, Blumenthal and Sams responded to the comments made regarding the taxicab rate increases. Alderperson Shenk recommended that a sub-committee consider the rate increase as well as the operational regulations issues. Alderperson Mackesey responded to comments made regarding the elimination of the Planner II positions. She noted that there were Council members who supported Jon Meigs, but were overridden by the Mayor and other members of Council. Alderperson Mackesey further noted that Board vacancies have created problems in obtaining meeting quorums. She requested that these vacancies be filled as soon as possible. Alderperson Hanna urged members of the public who had to abbreviate their comments to Council to submit their issues to Council members in writing to allow them more time for review. February 5, 1997 4 Alderperson Blumenthal responded to comments made regarding the Festival Lands. She noted that discussions will take place at the Planning Committee once the State brings forward a proposal to be reviewed. Mayor Cohen responded to the comments made regarding the Department of Public Works dumping toxic waste at Southwest Park. He clarified that paint had been spilled many years ago at Southwest Park by the DPW, but all of the waste has been cleaned up. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Ithaca Landmarks Preservation Commission Mary Tomlan, reported that the ILPC supports the preservation efforts on the Cascadilla Boathouse Project. She note that Stewart Park is an important component of the City of Ithaca. Board of Public Works Mayor Cohen reported that the Board of Public Works did not have a quorum this month. They are in the process of reorganizing their meeting schedule and reviewing their 1997 work plan. REPORT OF THE CITY CLERK: City Clerk Holcomb reported that an Active Records Grant application has been made to the NYS Archives and Records Administration. The grant application is to conduct a process analysis feasibility study for the following processes: payroll, purchasing, land-based records and centralized billing. The grant request is $45,300. Notification of award is expected at the end of June. A formal thank you was extended to the Planning Department staff, especially Ruth Aslanis and Doug Foster, for their hardwork and efforts in compiling the information. REPORT OF THE CITY CONTROLLER: City Controller Cafferillo reported that the City received bids in January for four debt issues. The largest of these was a one year Bond Anticipation Note which was issued at the rate of 3.63%. The City was mandated by State law to permanently finance $2,175,000 of that issue at a public sale. The City's cost of this issue was significant, the amount to be paid annually in interest will be 1.5% above the one year rate. City Controller Cafferillo noted that he is working with others to have that section of State Law amended. During this process the City's rating was addressed by Moody's investment service, and was confirmed at AA3. The rating has not changed but the structure of the rating scale has been refined. Permanent financing was issued at 5.08%, below the national average; $373,000 was issued for five years at 4.5%; $1,000,000 permanent financing was issued at 4.85% for ten years. The City of Ithaca received the third highest rating of the 62 cities in New York State. City Controller Cafferillo provided Council with an update on the health insurance issue with Blue Cross. The City is continuing to negotiate with Blue Cross of Central New York and the Cayuga Medical Center. A formal agreement has not been reached as yet, but a temporary arrangement has been agreed upon through the end of February which states that Cayuga Medical Center will accept the amounts that the City pays under its contract, as payment in full. Negotiations are expanding to include Tompkins County and BOCES. CONSENT AGENDA ITEMS: BUDGET AND ADMINISTRATION COMMITTEE February 5, 1997 5 15.1 Common Council - Request Funding for Financial Feasibility Study for State Theater By Alderperson Johnson: Seconded by Gray WHEREAS, the consulting firm of Joseph Wesley Zeigler & Associates of Montclair, New Jersey, has proposed to study the financial feasibility of operating the State Theater as a performing arts center, and WHEREAS, this study is expected to clarify the question of whether this landmark building can survive as a structure, community arts institution, and asset to downtown Ithaca, and WHEREAS, one-third of the consultant's fee has been sought from Tompkins County, one-third from the City of Ithaca, and one-third from private sources, with the assistance of the Community Arts Partnership, and WHEREAS, the County funding and part of the private funds are assured; now, therefore, be it RESOLVED, That the City of Ithaca agrees to pay one-third of the cost of the consultant's fee, not to exceed $9,000, and be it further RESOLVED, That $9,000.00 be transferred from Restricted Contingency to Account A8020-435 Planning Department Contractual Services for said purpose. Carried Unanimously *Please note re-vote of Item 15.1 on page 26. 15.2 Common Council - Resolution of Intent to Participate in the Partnership for an Electronic Future, Phase I By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, the Tompkins County Electronic Future Committee was formed to plan for the coordinated development of a regional information system including content, infrastructure, policies, educational issues, partnerships, and access, and WHEREAS, the City of Ithaca supports the mission of the EFC in concept, and WHEREAS, the EFC has requested a Letter of Intent to participate in the planning of the Partnership for an Electronic Future, and WHEREAS, City of Ithaca wishes to participate in the planning process, and WHEREAS, it is understood that this letter of intent does not obligate the City of Ithaca for any expenditures nor does it require our future participation in the project beyond participation in the planning phase; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor to sign the Letter of Intent. Carried Unanimously 15.4 DPW - Request to Amend Wastewater Treatment Facility Personnel Roster Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Personnel Roster of the Wastewater Treatment Facility be amended as follows: Add: One (1) Instrumentation Electrician February 5, 1997 6 Delete: One (1) Wastewater Treatment Plant Operator and be it further RESOLVED, that the position of Instrumentation Electrician is assigned to the CSEA Administrative Unit at Salary Grade 12, and be it further RESOLVED, That David McGeever is hereby provisionally appointed to the position of Instrumentation Electrician at a 1997 annual salary of $22,706, effective February 10, 1997. Carried Unanimously 15.5 DPW - Request to Amend Wastewater Treatment Facility Personnel Roster By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That the Personnel Roster of the Wastewater Treatment Facility be amended as follows: Add: One (1) Pretreatment Coordinator and Safety Officer Delete: One (1) Wastewater Treatment Plant Operator and be it further RESOLVED, That the position of Pretreatment Coordinator and Safety Officer is assigned to the CSEA Administrative Unit at Salary Grade 13, and be it further RESOLVED, That Foster Gray is hereby provisionally appointed to the position of Pretreatment Coordinator and Safety Officer at a 1997 annual salary of $28,063, effective February 10, 1997. Carried Unanimously 15.6 DPW/Water & Sewer - Request for Extension of Temporary Reduction in Hours By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, Joanne Phillips, since returning from maternity leave, is working 20 hours per week, and WHEREAS, Sally Alario is currently working 16 hours per week as a temporary Account Clerk/Typist, and WHEREAS, the current arrangement was developed with the cooperation of the City to accommodate families, retain job skills, provide cross training, and currently does so at less expense to the City, and WHEREAS, the department is able to accommodate these particular arrangements; now, therefore, be it RESOLVED, That Joanne Phillips be allowed to continue to work reduced hours through December 31, 1997, and be it further RESOLVED, That the temporary Account Clerk/Typist position continue until December 31, 1997. Carried Unanimously 15.7 DPW - Request to Temporarily Adjust Hours By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, Lynne G. Yost has requested that her hours of work be temporarily reduced to 32 hours, for educational purposes, through May 3, 1997; now, therefore, be it February 5, 1997 7 RESOLVED, That Lynne G. Yost be allowed to work 32 hours per week through May 3, 1997. Carried Unanimously 15.8 DPW - Request to Renew Golf Course Manager's Contract for 1997 By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, extensive discussions took place in 1995 regarding the operation of Newman Golf Course, and WHEREAS, a new contract with Steve Torrant was negotiated in 1995, said contract was signed and effective for 1996, and was to be renewed annually, and WHEREAS, the Board of Public Works attempted to bid out the Newman Golf Course concession for 1996, and was unsuccessful, and WHEREAS, the Newman Golf Course operations and manager's contracts need to be set for 1997; now, therefore, be it RESOLVED, That the Board of Public Works recommends that the contract with Golf Course Manager Steve Torrant be renewed for 1997 with a three per cent (3%) increase in salary, and be it further RESOLVED, That the Board of Public Works requests Deputy City Controller Steven Thayer to bid out the Newman Golf Course Concession for a two-year period - 1997 and 1998 using the same terms and conditions established for the previous bid. Carried Unanimously 15.9 Planning Department - Request to Authorize Capital Project for Construction of Parking Lot By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, by vote of Common Council at its meeting of February 28, 1996, the 1996 multi-year Community Development Block Grant (CDBG) application was approved, and WHEREAS, included in that resolution was a commitment to allocate $40,000 to supplement the cost of constructing a West End parking lot, and WHEREAS, the 1996 multi-year CDBG grant was executed in October, 1996, inclusive of the HUD portion of said project of $100,000, for a total project authorization of $140,000; now, therefore, be it RESOLVED, That a Capital Project for the City's share of said project be hereby authorized for $40,000, and be it further RESOLVED, That the funding for this project be derived from the issuance of serial bonds. Carried Unanimously 15.10 Attorney - Request Authorization to Enter into A Contract to Improve IAWWTP Operation and Potential Upgrade By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, by vote of Common Council at its April 5, 1995, September 6, 1995, and December 6, 1995 Common Council meetings, the funding for increasing the Ithaca Area Wastewater Treatment Plant (IAWWTP) treatment capacity and the selection of Stearns and Wheler for the related engineering services was approved in the amount of $64,600, and February 5, 1997 8 WHEREAS, the Special Joint Sewer Committee, at its regular meeting on March 19, 1996, voted unanimously to establish the total cost of the IAWWTP Capacity Upgrade Project at $666,200, including all related engineering services, and WHEREAS, the project will improve the plant's overall operation as follows: WHEREAS, the proposed project will allow the IAWWTP to apply to DEC for an upgrade in capacity which, if granted, will allow a capacity increase from 10 MGD to 13 MGD, and - Improve retention time for biological solids in the final clarifiers; - Reduce the possibility for solids to short circuit through the final clarifiers; - Increase influent pumping capacity to handle high flow concerns with addition of a fifth pump; - Create a physical condition to allow pump testing without activating the raw sewage bypass line to Cascadilla Creek; - Increase the plant's total capacity rating by 3 MGD to a total of 13 MGD on a 30-day average; and, WHEREAS, favorable bids have been received, which may not be available if the project is not begun at this time; and WHEREAS, the costs of the project will be allocated among the owners through the use of the IAWWTP's capital reserve; now, therefore, be it RESOLVED, That the Mayor is authorized to enter into a contract for the IAWWTP project work, provided that the Towns of Dryden and Ithaca also approve the work and use of the plant's capital reserve as a payment source for a total project cost not to exceed $601,600 for the purposes of funding said additional construction and engineering services, and be it further RESOLVED, That funds will be derived from the following sources: Plant Capital Reserve J-1 Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 16.1 Interim Use of City-Owned Land on Inlet Island By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, the City owns several parcels of land on Inlet Island that are remnants of lands originally purchased to assemble Cass Park, and WHEREAS, the City has initiated and has nearly completed an alienation and conversion process that would allow private and public non park uses on this land in a manner that is consistent with the Inlet Island Land Use Plan, and WHEREAS, two private sector parties have approached the City with requests to use land about to be alienated and converted for parking that would support their businesses, and WHEREAS, this proposed use is consistent with the recommendations of the Inlet Island Land Use Plan, and February 5, 1997 9 WHEREAS, this use, pending the completion of the alienation and conversion process, requires the approval of the New York State Office of Parks, Recreation and Historic Preservation, and WHEREAS, if such approval is obtained by these private sector parties the City would be willing to allow these parties to use these lands for parking on the basis of a temporary use permit that would be revocable on thirty days notice, now therefore be it RESOLVED, That the Common Council endorses efforts by these private sector parties to obtain the permission of the NYS Office of Parks and Historic Preservation to use park land on Inlet Island, be it further RESOLVED, That if this approval is obtained in writing from the Office of State Parks, Recreation and Historic Preservation to the City, the Common Council will consider the terms of the proposed use of these parcels individually. Carried Unanimously 16.2 In Support of Funding for Neighborhood Preservation Program By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, New York States Neighborhood Preservation Program provides administrative funding to support the activities of neighborhood preservation organizations, including Ithaca Neighborhood Housing Services (INHS), and WHEREAS, the Neighborhood Preservation Programs support provides administrative funding for INHS and other neighborhood based organizations to undertake a variety of affordable housing and neighborhood revitalization efforts in support of the goal of healthy communities, and WHEREAS, the Governors Executive Budget Proposal calls for cutting funding for the Neighborhood Preservation Program from a FY1996 level of $11.75 million to a 1997 level of $2.8 million, a 76% decrease in funding, and WHEREAS, a cut of this magnitude would result in over a $45,000 decrease in State support for INHS, and WHEREAS, strong neighborhoods in the city form the basis for a healthy and vital city economy and provide substantial support for Ithacas downtown, and WHEREAS, the Governors budget also includes a similar significant cut in funding for the Rural Preservation Program, which could limit access to housing services to residents of rural Tompkins County; now, therefore, be it RESOLVED, That the City of Ithaca strongly urges the Governor and the State Legislature to restore funding to the Neighborhood Preservation Program and the Rural Preservation Program at the 1996 funding levels. Carried Unanimously 16.3 Reprogramming of CDBG Funds By Alderperson Johnson: Seconded by Alderperson Gray WHEREAS, it is necessary to reprogram the remaining $225,000 in CDBG funds originally awarded by HUD for the Landmark Square Renovation project, and WHEREAS, HUD has determined that one proposal for the reprogramming of these funds, a $35,000 activity for an import February 5, 1997 10 replacement program is not an eligible activity as presented, and thus an alternative activity must be submitted to HUD for approval and WHEREAS, an alternative proposal is to be developed for the import replacement program per instructions from the Ithaca Urban Renewal Agency; now, therefore, be it RESOLVE, That the Common Council authorizes the community development staff to request HUD to allow the reprogramming of funds along the following priorities: 1. $80,000 as a zero percent, twenty year loan to the owner of 301 Corn Street, to be used as affordable transitional housing for the length of the loan term, and to be administered initially by the Tompkins County Economic Opportunity Corporation, and matched by $80,000 in other HUD funds, and 2. $110,000 deferred loan to Ithaca Neighborhood Housing Program for rehabilitation work to be done on approximately 31 rental properties owned and administered by INHS, with all properties rented at affordable rates, and 3. $35,000 for additional administrative support for the community development office, and, be it further RESOLVED, That should HUD not approve funding for the additional administrative support, or should the project at 301 Corn Street experience feasibility issues (specifically involving the development budget), the first priority shall be to reprogram the funds for additional rehabilitation work on INHS affordable rental units, if it can be demonstrated that additional work is required to meet building code requirements, and that failing this use, that the funds be reprogrammed to the Southside Housing Improvement Program, a deferred loan program for the rehabilitation of owner-occupied houses. Carried Unanimously REGULAR AGENDA ITEMS: BUDGET AND ADMINISTRATION COMMITTEE 15.11 Common Council - Request to Amend Taxicab Rates By Alderperson Marcham: Seconded by Alderperson Shenk ORDINANCE 97 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Taxicab Zone & Rates Map, authorized by City of Ithaca Municipal Code Section 232-70, is hereby amended as follows: Zone Charges - One Passenger Departure Zone 1 2 3 4 5 6 1 4.00 4.50 4.50 4.50 5.00 5.00 2 4.50 4.00 4.50 4.50 5.00 5.00 3 4.50 4.50 4.00 4.50 4.50 4.50 4 4.50 4.50 4.50 4.00 4.50 4.50 5 5.00 5.00 4.50 4.50 4.00 4.50 February 5, 1997 11 6 5.00 5.00 4.50 4.50 4.50 4.00 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. Discussion followed on the floor regarding the appointment of a sub-committee to review the operation regulations issues, and cost comparabilities to other cities. The following people were selected to serve on the Taxi sub-committee: Jane Marcham, Sara Shenk, Diann Sams, Guy Gerard, John Kadar and Chris Katz. Motion to Table By Alderperson Johnson: Seconded by Alderperson Blumenthal RESOLVED, That this Ordinance be tabled until the March 5, 1997 meeting pending further review by the Taxi sub-committee. Carried Unanimously 15.12 Common Council - Request to Amend the City Code By Alderperson Marcham: Seconded by Alderperson Gray ORDINANCE 97 - 2 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 300-1 - 300-5 of Chapter 300 Entitled "Taxation" are hereby amended as follows: Section 300-1 Exemption Granted A. Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property in the City of Ithaca owned by one (1) or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five years of age or over, shall be partially exempt from taxation by the city based upon the income of the owner or the combined incomes of the owners. (1) Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Assessed Valuation Combined Annual Income of Owners Exempt from Taxation Up to $18,500 50 More than $18,500 but less than $19,500 45 $19,500 to $20,499.99 40 $20,500 to $21,499.99 35 $21,500 to $22,399.99 30 $22,400 to $23,299.99 25 $23,300 to $24,199.99 20 (2) The partial exemption provided by this Article shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. B. (No changes) February 5, 1997 12 Section 300-2 Limitations on exemption. No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property exceeds the sum of twenty-four thousand one hundred ninety-nine dollars and ninety-nine cents ($24,199.99) for the income tax year immediately preceding the date of making application for exemption as consistent with the schedule provided in Section 300-1A. Income tax year shall mean a twelve-month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income , salary or earnings and net income from self-employment but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. B. Unless the owner shall have held an exemption under this section for his previous residence or unless the title of the property shall have been vested in the owner or one (1) of the owners of the property for at least twelve (12) consecutive months prior to the date of making application for exemption; provided however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death which then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor and such ownership shall be deemed continuous for the purposes of computing such period of twelve (12) consecutive months; provided, further, that in the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse and such ownership shall be deemed continuous for the purpose of computing such period of twelve (12) consecutive months; and provided, further , that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except tax sale, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. Where the owner or owners transfer title to property which as of the date of transfer was exempt from taxation under the provisions of this section, the reacquisition of title by such owner or owners within nine months of the date of transfer shall be deemed to satisfy the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve (12) consecutive months. Where, upon or subsequent to the death of an owner or owners, title to property which as of the date of such death was exempt from taxation under such provisions, becomes vested, by virtue of devise or descent from the deceased owner or owners, or by transfer by any other means within nine months after such death, solely in a person or persons, who, at the time of such death, maintained such property as a primary residence the requirement of this paragraph that the title of the property shall have been vested in the owner or one of the owners for such period of twelve consecutive months shall be deemed satisfied. February 5, 1997 13 C. Unless the property is used exclusively for residential purposes, provided however, that in the event any portion of such property is not so used exclusively for residential purposes but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section. D. Unless the property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property: except where, (i) an owner is absent from the residence while receiving health-related care as an inpatient of a residential health care facility, as defined in section twenty- eight hundred one of the public health law, provided that any income accruing to that person shall only be income only to the extent that it exceeds the amount paid by such owner, spouse, or co-owner for care in the facility and provided further, that during such confinement, such property is not occupied by other than the spouse or co-owner of such property; or (ii) the real property is owned by a husband and/or wife, or an ex-husband and/or an ex-wife, and either is absent from the residence due to divorce, legal separation or abandonment and all other provisions of this section are met provided that where an exemption was previously granted when both resided on the property, then the person remaining on the real property shall be sixty-two years of age or older. Section 300-3 Annual Application Required Application for such exemption must be made by the owner or all of the owners of the property on forms prescribed by the State Board to be furnished by the Tompkins County Assessment Department. Section 300-4 Notification of applicants - Deleted. Section 300-4 Penalties for offenses; disqualification from exemption. No changes. Section 2. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously Alderperson Marcham noted that Items 15.13 - 15.16 have been moved to the end of the Budget and Administration Committee agenda. 15.17 Planning & Development -Eddygate HoDAG Loan Modification Approval By Alderperson Marcham: Seconded by Alderperson Sams WHEREAS, the City successfully applied for a $1,381,293 Housing Development Action Grant which was lent to the Eddygate Partnership to assist in the financing of the Eddygate housing and retail complex in Collegetown, and WHEREAS, the repayment terms on the HoDAG loan included a participation agreement whereby the City was to receive 40% of the cash flow generated by the project after the Eddygate Partnership received an 11% return on their equity investment in the project, and WHEREAS, the closing documents for this transaction contain conflicting language defining how the calculations for arriving at the participation figure are to be calculated, and WHEREAS, the General Partner for the Eddygate Partnership and City staff agree that resolving the differences in how this calculation February 5, 1997 14 is to be accomplished could be an ongoing source of difficulty and time consuming negotiation and that it would be in the best interest of both the City and Partnership to structure the loan as a regular amortizing loan, and WHEREAS, staff and the General Partner for the Eddygate Partnership have reached agreement on the terms of the restructured HoDAG loan as described in the letter to the General Partner dated January 8, 1997, and WHEREAS, both the Urban Renewal Agency and the Budget and Administration Committee of Common Council have approved the revised loan terms as described in the January 8 letter, now therefore be it RESOLVED, that the Common Council approves restructuring the HoDAG loan such that it will be a regular amortizing loan with a principal amount of $1,221,152.58, an interest rate of 7.75% and a term of 23 years and as otherwise more fully described in a letter to Mr. Mack Travis, General Partner for the Eddygate Partnership, dated January 8, 1997, and be it further RESOLVED, That the Mayor is authorized to execute all appropriate documents necessary to complete this restructuring of the HoDAG loan, subject to the advice of the City Attorney and Director of Planning and Development. Carried Unanimously Alderperson Mackesey extended thanks to David Sprague and Mark Little who were instrumental in negotiating this loan. 15.18 Planning Department - Request to Amend Capital Project for Cascadilla Boathouse Stabilization By Alderperson Marcham: Seconded by Alderperson Johnson WHEREAS, the City approved a $200,000 Capital Project for the Stabilization of the Cascadilla Boathouse in June, 1994, including $100,000 in Environmental Quality Bond Act Grant Funds which were subsequently awarded by New York State and a local match of $100,000, and WHEREAS, the City advertised the availability of the bid documents on November 22, 1996, and five bids were submitted by the December 17 deadline, and WHEREAS, the bid from the lowest qualified bidder was greater than the approved Capital Project and an additional $156,000 will be required to complete the stabilization; now, therefore, be it RESOLVED, That Capital Project #275, Cascadilla Boathouse Reconstruction, shall be amended by an amount not to exceed $156,000 for a total project cost of $356,000, and be it further RESOLVED, That the additional City share of $156,000 shall be derived from the issuance of serial bonds. Discussion followed on the floor with Alderpersons Thorpe, Blumenthal, Marcham speaking in support of the stabilization of the building. Alderperson Mackesey clarified the fact that this funding will only stabilize the building, additional funding will be required for renovations and improvements. A vote on the Resolution resulted as follows: Carried Unanimously 15.19 Finance/Chamberlain - Request Authorization to Correct Tax Warrant February 5, 1997 15 By Alderperson Marcham: Seconded by Alderperson Johnson RESOLVED, That the 1997 Tax Roll be amended by deleting a delinquent charge of $243.00, added in error to 1011 North Aurora Street, and this amount shall be levied against the appropriate property, inclusive of accrued interest in 1998. Carried Unanimously Alderperson Shenk requested that Planning and Economic Development Committee Agenda Item 16.4 be taken up next. No Council member objected. 16.4 Canal Corridor Initiative/Authorization to Submit Application By Alderperson Blumenthal: Seconded by Alderperson Gray WHEREAS, the Department of Housing and Urban Development has made available a special category of funding through its Canal Corridor Initiative to assist communities on the New York State Barge Canal System in revitalizing their waterfront areas, and WHEREAS, the funding available through this initiative, Section 108 loans and Small Cities Community Development Block Grant Funds, is intended to leverage private sector commitments to develop projects that lead to the physical and economic revitalization of these waterfront areas including the creation of jobs and expansion of the local tax base, and WHEREAS, staff has issued two Requests for Proposals seeking development proposals for the area along the canal system within the City from for-profit and not-for-profit developers, and WHEREAS, over ten proposals were submitted to the City which were evaluated by the Citizens Advisory Committee, the Urban Renewal Agency and a sub-committee of the Planning and Economic Development Committee of Common Council, and WHEREAS, all other reviewing agencies agreed that, in addition to the following key selection criteria established by HUD for the Canal Corridor Initiative:  the extent to which the project contributes to the revitalization of a waterfront district  relationship of the proposed project to other waterfront developments in the region  the number of jobs created for low to moderate income people  feasibility of the development proposal  impact of the project in utilizing the canal or related waterways to revitalize the area another principal selection criteria should be site control, and WHEREAS, the following projects are recommended for inclusion in the Canal Corridor Initiative application because they each effectively address all the criteria described above: 1. Marina Realty of Ithaca proposal for the end of Inlet Island 2. The Community Fly Fisher Program 3. Ithaca Landing Associates proposal for the Old Port Harbor property February 5, 1997 16 4. The Ithaca Farmers Market proposal for a pier and related improvements at Steamboat Landing WHEREAS, the total amount of CDBG/CCI grant funds necessary to implement these projects is either $636,000 with all public improvements funded through a first year grant or $1,117,500 for the public improvements funded through the Section 108 loan program, with the increase in grant funding attributable to the principal and interest payments on the public improvement portion of the Section 108 request which are to be paid over the next twenty years out of future CDBG funds, and WHEREAS, HUD, in order to maximize the impact on revitalizing the canal system in New York State, has indicated a desire to utilize the CDBG funds allocated for the Initiative to leverage increased use of the Section 108 program, and WHEREAS, the Canal Corridor Initiative application is only for the grant component of the total funding, and WHEREAS, if the Canal Corridor Initiative application is approved by HUD, the City will be requested to submit individual Section 108 applications to HUD in the amount of $550,000 for Marina Realty of Ithaca, plus perhaps $350,000 for public improvements and $465,000 for Ithaca Landing Associates, plus perhaps $135,00 for public improvements, said applications subject to review and approval by the Common Council before their submission to HUD; now, therefore, be it RESOLVED, That the Common Council approves the four projects listed above for inclusion in the City's Canal Corridor Initiative application and authorizes staff to prepare this application, including both funding alternatives with a preference expressed for the first alternative, and, be it further RESOLVED, That the Mayor, upon the advice of the Director of Planning and Development and City Attorney, is authorized to execute all necessary and appropriate documents for the submission of this application. Extensive discussion followed on the floor with Deputy Planning and Development Director Sieverding explaining Canal Corridor Initiative application, and answering questions regarding HUD funding. Deputy Director Sieverding introduced several of the potential private recipients who answered questions from Council members regarding their plans and intentions. A vote on the Resolution resulted as follows: Carried Unanimously Resolution Amending the City of Ithaca Consolidated Plan By Alderperson Blumenthal: Seconded by Alderperson Hanna WHEREAS, the Community Development Consolidated Plan adopted in 1996 outlines a number of community development needs in the area of affordable housing, economic development, public infrastructure, and public services, and WHEREAS, the Notice of Funding Availability for the Canal Corridor Initiative requires that Consolidated Plans be updated to reflect new non-housing community development activities that may be proposed in the Canal Corridor Initiative application, and February 5, 1997 17 WHEREAS, the Canal Corridor Initiative application proposes new public infrastructure and new economic development activities not previously addressed in the Consolidated Plan, and WHEREAS, the City has held a public hearing regarding these amendments to the Consolidated Plan; now, therefore, be it RESOLVED, That the Community Development Consolidated Plan be amended as follows: Assessment of Needs: add to the section of the plan discussing sidewalk, streetscape and lighting needs the need for these improvements on Inlet Island along the Flood Control Channel and the full length of Taughannock Boulevard as called for in the Inlet Island Land Use Plan. Resources - Economic Development: the need for affordable financing and other incentives to induce the redevelopment of the Inlet Island area in a manner consistent with local plans and consistent with the Community Development Program objectives. Planned Activities - Economic Development Initiatives: Provide financial assistance to promote the physical and economic revitalization of the City's waterfront area on and around Inlet Island and the Cayuga Inlet. Carried Unanimously 15.20 Finance/Chamberlain - Acquisition of 402 South Cayuga Street By Alderperson Marcham: Seconded by Alderperson Mackesey WHEREAS, Sun Properties, Inc. has not paid property taxes on 402 South Cayuga Street since 1992 resulting in a current total property tax liability of $96,563.49, of which $81,278.59 is due the City of Ithaca, and WHEREAS, in July 1995 402 South Cayuga Street had its water service shut off due to non payment of water bills and was therefore ordered to be vacated by the Building Department because of unsanitary living conditions, and WHEREAS, in July 1995 electric service to 402 South Cayuga Street was shut off, and WHEREAS, in early August 1995 gas service to 402 South Cayuga Street was shut off, and WHEREAS, on August 13, 1995, a fire in 402 South Cayuga Street caused significant interior damage to the building, after which Sun Properties was ordered to either repair or demolish the building by the City of Ithaca Building Commissioner, and WHEREAS, one of the principals of Sun Properties made a statement to the Ithaca Police Department on August 13, 1995, stating that Sun Properties no longer considered itself owner of the property and that it had mailed the keys to the property to the holder of the first mortgage on the property, and WHEREAS, a representative of the holder of the first mortgage on 402 South Cayuga Street stated to the City's Deputy Director of Planning and Development on October 31, 1996, that the bank did not consider itself the owner of the property, and that maintaining the building in a manner so as not to cause a public safety and nuisance problem was not the banks problem, and WHEREAS, given this apparent abandonment of the property by both the owner of record and the holder of the first mortgage, the City has on a number of occasions secured the building, boarded up February 5, 1997 18 broken windows, mowed the grass and hauled away abandoned garbage, and WHEREAS, no one has reimbursed the City for expenses related to performing these tasks, and WHEREAS, the record of abandonment established on this property by both Sun Properties and the holder of the first mortgage presents a threat to public health, safety and to the welfare of the immediately surrounding residential neighborhood and the substantial investment in Community Development Block Grant funds and other initiatives the City has promoted to stabilize the Southside residential neighborhood, and WHEREAS, the Building Commissioner has filed a Certification of Abandonment as called for in Section 1971 of Article 19-A of Real Property Actions and Proceedings Law, now therefore be it RESOLVED, that the City will move forward to take title to 402 South Cayuga Street pursuant to Article 19-A of Real Property Actions and Proceedings Law and that upon taking title the City will transfer title to the Ithaca Urban Renewal Agency, be it further RESOLVED, That staff is authorized to issue a Request for Proposals to for-profit and not-for-profit developers for the redevelopment of this property with the minimum acceptable acquisition price for 402 South Cayuga Street to be set at the total outstanding property tax liability on the property. Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Shenk RESOLVED, That the last Resolved clause be amended to read as follows: "RESOLVED, That staff is authorized to issue a Request for Proposals to for-profit and not-for-profit developers for the redevelopment of this property. Carried Unanimously Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously RECESS: On a motion Common Council recessed at 9:45 p.m. RECONVENE: Common Council reconvened into regular session at 10:00 p.m. EXECUTIVE SESSION: By Alderperson Marcham: Seconded by Alderperson Johnson RESOLVED, That Common Council adjourn into Executive Session to discuss several Personnel issues. Carried Unanimously RECONVENE: Common Council reconvened into regular session at 10:50 p.m. No items were brought forth. 15.13 Planning Department - Request to Amend Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson RESOLVED, That the Personnel Roster of the Planning and Development Department be amended by adding the position of February 5, 1997 19 Historic Preservation and Neighborhood Planner effective immediately, and be it further RESOLVED, That the position of Historic Preservation and Neighborhood Planner be assigned to the CSEA Administrative Unit at salary grade 21, to be determined and consistent with pay equity evaluation method adopted by Common Council. Motion to Table By Alderperson Hanna: Seconded by Alderperson Mackesey RESOLVED, That this Item be tabled and considered with the Planning Department re-organization plan. Carried Unanimously 15.14 Planning Department - Request to Amend Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson WHEREAS, the 1997 City budget does not contain funding for certain authorized positions currently occupied by employees; now, therefore, be it RESOLVED, That the Roster of Authorized Positions for the Department of Planning and Development be amended by deleting the following positions effective March 6, 1997: One (1) Planner II position Motion to Table By Alderperson Hanna: Seconded by Alderperson Mackesey RESOLVED, That this Item be tabled and considered with the Planning Department re-organization plan. Carried Unanimously 15.16 Planning Department - Personnel Item By Alderperson Marcham: Seconded by Alderperson Gray RESOLVED, That an agreement be entered into between the City of Ithaca and Jonathan Meigs, in accordance with the terms set forth in the Memorandum of Understanding, and that the Mayor be authorized to execute all agreements and other documents necessary to implement the terms of the Memorandum. Carried Unanimously 15.15 Planning Department - Personnel Item By Alderperson Marcham: Seconded by Alderperson Gray WHEREAS, the approved final 1997 City of Ithaca Budget has insufficient funds to cover all positions on the personnel roster for all or part of 1997 for the Planning and Development Department; now, therefore, be it RESOLVED, That the 1997 Budget be amended by increasing Account A8020-5110 to fund one Planner II position in the amount of $44,600, the funding for which shall be derived from Account A909 Unappropriated Fund Balance. Carried Unanimously 15.21 Finance/Personnel/Police - Request to Amend Salary By Alderperson Marcham: Seconded by Alderperson Johnson WHEREAS, a review of the starting salary established for Audrey Fields as a Typist in the Police Department disclosed that, based on experience, the midpoint salary should have been used rather than the minimum salary for that position; now, therefore, be it RESOLVED, That the 1997 salary for Audrey Fields be adjusted to $15,810 effective February 6, 1997, and be it further February 5, 1997 20 RESOLVED, That the appropriate adjustment be calculated retroactive to April 23, 1996 to reflect the appropriate starting salary of $15,350. Carried Unanimously 15.22 Building Department - Amendment of Capital Project #211 for Building Department Software By Alderperson Marcham: Seconded by Alderperson Gray WHEREAS, Common Council at its Regular meeting on September 5, 1995 approved the conceptual plan in the amount of $52,150 to purchase various computer hardware and software to assist the Building Department in becoming more effective and efficient, and WHEREAS, of the $52,150 computer plan, $28,120 was authorized by Common Council at its September 6, 1995 meeting to upgrade the Building Department's computers and office software, and WHEREAS, the second phase of the computer plan is to include Building Department specific software to automate the department's information systems and processes, and WHEREAS, the Building Department has received responses to its request for proposals from several different vendors of software products that will manage building permit processing, inspections of various types, and zoning and approval information, and WHEREAS, staff from the Building and Planning Departments have examined all of the responses to the request for proposals and now recommends that a phased approach be used that will segment the project in order to better manage the project and stay within the conceptual plan budget, and WHEREAS, the software development can be accomplished with the remaining $24,030 and will be done in phases, and WHEREAS, phase 1 of the software development will involve a detailed analysis and specifications for the finished software product by Geodemographics Inc. at an estimated total cost of $6,970, which includes a contingency amount and project management costs; now, therefore, be it RESOLVED, That Common Council, based on the recommendations of the Building and Planning Departments, authorizes the Building Department to proceed to develop the management software, and, be it further RESOLVED, That Capital Project #211 Computer Acquisition be increased by an amount not to exceed $24,030 to a total authorization of $52,150 for this purpose, and, be it further RESOLVED, That said funds will be derived from the issuance of serial bonds. Carried Unanimously 15.23 Fire Department - Request to Fill Vacancy By Alderperson Marcham: Seconded by Alderperson Thorpe WHEREAS, a fire fighter has expressed an intention to retire on or about June 14, 1997, and WHEREAS, in the interest of enrolling a replacement recruit fire fighter recruit in the Spring training school, thereby allowing this then-trained firefighter to accept a position in the regular February 5, 1997 21 rotation and avoid a significant potential expenditure of overtime; now, therefore, be it RESOLVED, That one fire fighter position be hereby temporarily added to the approved roster effective March 10, 1997, and be it further RESOLVED, That said temporary addition be deleted upon the retirement of the aforementioned fire fighter. Carried Unanimously 15.3 DPW - Request Approval of Water & Sewer Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson Gray RESOLVED, That effective March 1, 1997, the authorized roster of the CSEA DPW Unit positions in the Water and Sewer Division of the Department of Public Works shall be as follows: Water and Sewer Division 1 Water Distribution Maintenance Supervisor 4 Working Supervisor 1 Senior Water Meter Servicer 1 Assistant Water/Wastewater Treatment Plant Mechanic 2 Motor Equipment Operator 6 Maintainer 2 Meter Servicer 3 Truck Driver 1 Laborer Wastewater Treatment Plant 1 Truck Driver and, be it further RESOLVED, That all previously authorized CSEA DPW Unit positions assigned to the Water and Sewer Division of the Department of Public Works that are not listed above are hereby abolished effective at the close of business on February 28, 1997, and, be it further RESOLVED, That this Resolution supersedes any previous Resolutions establishing an alternative roster of CSEA DPW Unit positions in the Water & Sewer Division of the Department of Public Works. Carried Unanimously 15.24 DPW - Request Authorization to Convert Donated Sick Leave to Extended Health Insurance Coverage By Alderperson Marcham: Seconded by Alderperson Mackesey WHEREAS, David Marsh recently retired from the Department of Public Works due to disability, and WHEREAS, the co-workers of David Marsh have donated sick leave to Mr. Marsh with the intention of allowing him to convert it to extended health insurance coverage for himself and his family, and WHEREAS, the current labor agreement between the City of Ithaca and the CSEA DPW Unit does not provide for the conversion of donated sick leave to extended health insurance coverage upon disability retirement, and February 5, 1997 22 WHEREAS, both the City and CSEA wish to allow Mr. Marsh to convert the donated sick leave to extended family health insurance coverage; now, therefore, be it RESOLVED, That the Mayor is authorized to sign a Memorandum of Understanding with the CSEA DPW Unit to allow Mr. Marsh to convert the donated sick leave to extended health insurance coverage, and be it further RESOLVED, That the Memorandum of Understanding shall only apply to Mr. Marsh's personal situation and shall not be binding on the City of Ithaca in the future. Alderperson Thorpe commended the generosity of the Department of Public Works employees regarding this matter. Carried Unanimously 15.25 North East Transit Agreement By Alderperson Marcham: Seconded by Alderperson Johnson WHEREAS, the Board of Public Works was presented with information regarding the proposals for operating the North East Transit routes for the next five years, and WHEREAS, representatives from the City, County and TCAT are recommending that the contract be awarded to Swarthout and Ferris based on their references, experience, personnel and price; now, therefore, be it RESOLVED, That Common Council, acting on behalf of the Board of Public Works approves of awarding the bid for the North East Transit routes to Swarthout and Ferris for their low proposed 5 year bid of $929,126.50, and, be it further RESOLVED, That Common Council authorizes the Superintendent to enter into an agreement with Swarthout and Ferris. Carried Unanimously 15.26 Cold Storage Building By Alderperson Marcham: Seconded by Alderperson Hanna WHEREAS, the City has undertaken a long term project for consolidation of DPW support facilities and has funded both a planning/design stage and construction of the first cold storage building as part of that project, and WHEREAS, the construction of the Route 96 Improvement Project by New York State has provided an opportunity to acquire an interim storage facility by reuse of a building segment that was originally scheduled for demolition, and WHEREAS, the acquisition allows immediate replacement for storage space which has been lost in recent years as part of the Northside Land Use Plan and the consolidation efforts have proceeded while allowing flexibility in the timing of various elements of both plans; now, therefore, be it RESOLVED, That Common Council authorizes the expenditure of up to $250,000 from Capital Project 314 (DPW Cold Storage Building) as well as up to $150,000 from the Water and Sewer Fund balances ($75,000 each from unreserved funds) for the purpose of acquisition and minor remodeling for conversion, and, be it further RESOLVED, That the Assistant Superintendent of Water and Sewer be authorized to negotiate for, and the Mayor be authorized to February 5, 1997 23 acquire the interim storage facility, subject to the approval for form of the City Attorney. Motion to Withdraw By Alderperson Marcham: Seconded by Alderperson Hanna RESOLVED, That this item be withdrawn from the agenda as the Department of Public Works is not prepared to proceed further at this time. Carried Unanimously 16.27 Award of Bid for Demolition of 611 West Buffalo Street By Alderperson Marcham: Seconded by Alderperson Gray WHEREAS, bids were received on February 4, 1997, for the demolition of 611 West Buffalo Street in order to construct a neighborhood parking lot, and WHEREAS, the Budget and Administration Committee has proposed an increase in the project budget, and WHEREAS, staff is recommending that the low bid submitted by Schooley Enterprises, Inc., be awarded; now, therefore, be it RESOLVED, That Common Council, on behalf of the Board of Public Works hereby awards the contract for the demolition of 611 West Buffalo Street to Schooley Enterprises, Inc., 146 York Street, Auburn, New York, for their bid of $13,786, and, be it further RESOLVED, That Common Council authorizes the Superintendent to enter into an agreement with Schooley Enterprises. Carried Unanimously 15.28 Planning Department - Award of Bid for Cascadilla Boathouse Stabilization By Alderperson Marcham: Seconded by Alderperson Hanna WHEREAS, bids were received on December 17, 1996 for Cascadilla Boathouse Stabilization, and WHEREAS, the Common Council has approved an increase in the project budget, and WHEREAS, the two low bidders have withdrawn their bids, and staff is recommending that McPherson Builders be awarded the bid; now, therefore, be it RESOLVED, That the Common Council hereby awards the contract for the Cascadilla Boathouse Stabilization to McPherson Builders, 710 Willow Avenue, Ithaca, NY for their bid of $289,903, and, be it further RESOLVED, That the Common Council authorizes the Superintendent to enter into an agreement with McPherson Builders. Carried Unanimously Motion for Re-vote on Item 15.1 Common Council - Request Funding for Financial Feasibility Study for State Theater By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, the consulting firm of Joseph Wesley Zeigler & Associates of Montclair, New Jersey, has proposed to study the financial feasibility of operating the State Theater as a performing arts center, and WHEREAS, this study is expected to clarify the question of whether this landmark building can survive as a structure, community arts institution, and asset to downtown Ithaca, and February 5, 1997 24 WHEREAS, one-third of the consultant's fee has been sought from Tompkins County, one-third from the City of Ithaca, and one-third from private sources, with the assistance of the Community Arts Partnership, and WHEREAS, the County funding and part of the private funds are assured; now, therefore, be it RESOLVED, That the City of Ithaca agrees to pay one-third of the cost of the consultant's fee, not to exceed $9,000, and be it further RESOLVED, That $9,000.00 be transferred from Restricted Contingency to Account A8020-435 Planning Department Contractual Services for said purpose. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Johnson RESOLVED, That the first Resolved Clause be amended to read as follows: "RESOLVED, That the City of Ithaca agrees to pay one-third of the cost of the consultant's fee, not to exceed $9,000, contingent upon the acquisition of funds from Tompkins County and the private sector, and be it further" Carried Unanimously Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Appointment to the Vacancy Review Committee: By Alderperson Shenk: Seconded by Alderperson Johnson RESOLVED, That Alderpersons Marcham and Gray be appointed to the Vacancy Review Committee. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 16.5 Inlet Island Urban Design Guidelines By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, the Inlet Island Land Use Study, adopted by Common Council in 1992, makes a number of land use proposals and suggests general development objectives for Inlet Island, and WHEREAS, the near completion of the Octopus reconstruction project, the almost complete alienation and conversion process for former Cass Park acquisition land located on Inlet Island and the Canal Corridor Initiative funding proposal are all increasing redevelopment pressure on this important waterfront area of the City, and WHEREAS, carefully thought out and designed private and public development projects in and around Inlet Island are essential to the successful economic and physical revitalization of the area in a manner that provides the public with waterfront access and protects the value of publicly owned land in the area, and WHEREAS, development that is in fact carefully designed and considers both private sector and public sector needs and uses can most successfully be accomplished with clearly written and presented design guidelines, and WHEREAS, these design guidelines should be developed by a professional design firm with experience with waterfront property and the preparation of urban, waterfront design guidelines; now therefore be it February 5, 1997 25 RESOLVED, That Common Council endorses the concept of developing design guidelines for the Inlet Island area and authorizes staff to prepare and release a Request for Proposals to qualified design firms for this assignment, and, be it further RESOLVED, That responses to this RFP will be considered by the Planning and Economic Development Committee which will make a recommendation to Common Council relative to the firm which should be retained to prepare these design guidelines. Alderperson Johnson requested that the City make every effort to hire a local firm to complete the design guidelines. A vote on the Resolution resulted as follows: Carried Unanimously 16.6 Skateboard Park Site Selection By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has, for some time, recognized the need for a safe facility for skateboarding, and WHEREAS, a skateboard park has been made a capital project in the 1997 City of Ithaca budget, and WHEREAS, a group with representatives from the Youth Bureau, the Engineering Division, the Planning & Development Department and the skateboarding community has met at a series of meetings to try to select the best site for a skateboard facility in the City of Ithaca, and WHEREAS, this committee has carefully weighed the alternatives and has recommended that the facility be located northwest of the Youth Bureau building between the building and the Conrail tracks, and WHEREAS, the Planning & Economic Development Committee of Common Council has evaluated the alternatives and concurs with the finding of the committee with respect to the site location, and WHEREAS, the Planning & Economic Development Committee has recommended that the site recommendation be referred to the Parks Commission and to the Board of Public Works for their evaluation and comment, and WHEREAS, the Parks Commission has endorsed the site location for the proposed skateboard park with conditions concerning visual impacts and safety; now, therefore, be it RESOLVED, That Common Council does hereby select as the site for the skateboard park that area between the Conrail tracks and the Youth Bureau building, and, be it further RESOLVED, That the staff be directed to continue design and development of the skateboard facility at the selected site. Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Johnson RESOLVED, That the following Resolved clause be added to the Resolution: "RESOLVED, That the skateboard facility will be maintained by the Youth Bureau with input from the Board of Public Works and Parks Commission. The proposed Amendment was withdrawn. February 5, 1997 26 Amending Resolution By Alderperson Mackesey: Seconded by Alderperson Johnson RESOLVED, That the last Resolved clause be amended to reads as follows: "RESOLVED, That City staff including the Planning Dept, Engineering Division, and Youth Bureau be directed to continue design, development, and maintenance planning of the skateboard facility at the selected site with input from the Board of Public Works and Parks Commission. Carried Unanimously Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 16.7 Conflict of Interest Regulations By Alderperson Blumenthal: Seconded by Alderperson Hanna WHEREAS, the Department of Housing and Urban Development has regulations regarding potential conflicts of interest for persons participating in Community Development Block Grant (CDBG) activities, and these regulations specifically include elected municipal officials as a category of persons requiring a waiver from the regulations as a condition of participation, and WHEREAS, requests for waivers of the conflict of interest regulations will be considered by HUD on a case by case basis, providing the request is discussed in an open meeting of the relevant governing body, and also the municipal attorney certifies that no state or local law would be infringed by the granting of a waiver in the subject case, and WHEREAS, this matter was discussed in an open meeting of the Planning and Economic Development Committee of the Common Council (membership of which includes the full Common Council) on January 21, 1997; now, therefore, be it RESOLVED, That having discussed the matter in an open meeting the Ithaca Common Council requests HUD to waive conflict of interest requirements to allow Alderperson Diann Sams to participate in the Citys first time homebuyer program, administered by Ithaca Neighborhood Housing Services, and that community development staff is authorized to commence the waiver request process. Ayes (8) Shenk, Mackesey, Johnson, Blumenthal, Hanna, Marcham, Gray, Thorpe Nays (0) Abstentions (1) Sams Carried 16.8 1997 Planning Department Work Program By Alderperson Blumenthal: Seconded by Alderperson Johnson WHEREAS, the Department of Planning & Development's proposed 1997 Work Program has been reviewed by the Planning and Economic Development Committee; now, therefore, be it RESOLVED, That Common Council designate the following as the Department's priority projects for 1997: 1997 Planning Department Work Program Priority Items*  Economic Development - Economic Development Plan - Inlet Island Urban Design Study - Meadow Street Area Land Use and Rezoning Study February 5, 1997 27 - Sale of Unneeded City Land (Northside triangular block, others) - Cable Franchise Agreement  Inter-Municipal Relations and Inter-Institutional Planning - Local Waterfront Revitalization - Cornell Rezoning  Neighborhood Planning - City Neighborhoods: Study, Analyze and Propose Solutions for Problems Affecting Health and Stability, with a focus on the West End and with the priority project being an analysis of residential and business parking demand - Residential Parking Permit System - Tax Incentive Program for Historic Districts/Neighborhood Preservation - Steep Slopes Ordinance  Housing - Revision of Cluster Subdivision and R-2c Ordinances - Work with Non-Profit Agencies to Expand Supply of Affordable Housing, with a focus on lowest-income population - Identify Sites Suitable for Future Affordable Housing Projects  Transportation - East Hill Parking Study - City-Wide Bicycle Plan - Rt. 96 Project: Coordination with DoT - Prototype Traffic-Calming Measures for Neighborhoods East of Meadow Street  Long-Range Planning Projects - Inlet Island Land Use Plan: Implementation - Southwest Area Land Use Study: Adoption - Northside Land Use Plan: Adoption - Downtown Design Plan: Adoption - Waterfront Plan: Adoption - Six Mile Creek Valley Land Acquisition - Geographic Information System  Future Projects - Local Development Corporation (establishment to follow adoption of long range economic development plan) - Expansion of Cherry Street Industrial Park - Exploration of Greater Cooperation and Possible Coordination & Consolidation of City/Town/County Planning - Tax Base Sharing *Note: The list above enumerates items which have been designated by Common Council as high priority for the Department. Not all these projects may be worked on or completed during the course of the year. The Department has many other ongoing obligations and, in addition, new projects are often identified for staff attention during any given year. Items are also frequently carried over from year to year because many planning projects take more than a year from start to finish. Motion to Table By Alderperson Blumenthal: Seconded by Alderperson Johnson RESOLVED, That this Resolution be tabled until the Planning Board has had an opportunity to review it. Carried Unanimously February 5, 1997 28 NEW BUSINESS: Alderperson Shenk distributed the revised Resolution that the Tompkins County Board of Representatives passed on the Youth Joint Task Force. ADJOURNMENT: On a motion the meeting adjourned at 11:40 p.m. Julie Conley Holcomb, CMC Alan J. Cohen City Clerk Mayor