HomeMy WebLinkAboutMN-CC-1997-04-02
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 2, 1997
PRESENT:
Mayor Cohen
Alderpersons (10) - Johnson, Sams, Shenk, Mackesey, Hanna, Gray,
Thorpe, Marcham, Blumenthal, Efroymson
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Building Commissioner - Eckstrom
Planning and Development Director - Van Cort
Planning and Development Deputy Director - Sieverding
Community Development Administrator - Stevenson
Acting Police Chief - Barnes
Fire Chief - Wilbur
Personnel Administrator - Saul
Commons Coordinator - Deming
Deputy Controller - Thayer
BPW Commissioner - Ehrhardt
Asst. Superintendent of Street & Facilities - Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
Approval of the March 5, 1997 Common Council Meeting Minutes
The approval of the March 5, 1997 Minutes was postponed until the
May 7, 1997 meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
NEW BUSINESS:
Alderperson Sams requested the appointment of a Marriage Officer.
No Council member objected.
BUDGET AND ADMINISTRATION COMMITTEE:
Alderperson Marcham requested the addition of Property Tax
Exemption for Veterans - Discussion.
Alderperson Marcham requested that Item 15.3 be removed from the
Consent Agenda.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Section 325-37
Entitled "Time Limits to Appeal and Authority of Building
April 2, 1997
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Commissioner's Deputies and Assistants" of Chapter 325 Entitled
"Zoning" of the City of Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Gray : Seconded by Alderperson Shenk
RESOLVED, That the Public Hearing to consider an Ordinance
Amending Section 325-37 of the City of Ithaca Municipal Code be
declared open.
Carried Unanimously
No one appeared to address Council on this issue.
Resolution to Close Public Hearing
By Alderperson Johnson : Seconded by Alderperson Marcham
RESOLVED, That the Public Hearing to consider an Ordinance
Amending Section 325-37 of the City of Ithaca Municipal Code be
declared closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Efroymson and Sams presented the April, 1997 Youth
Award to “Rock the Arts” Teen Organizers and Teen R.A.V.E.; Amelia
Burns, Dan Zinder, David Murphy, Elizabeth Preston, Emily Bennett,
Grigor Grigorov, Joe Novelli, Mandy Beem-Miller, Micah Beem-
Miller, Molly Bargar, Rebecca Costello, Tim Ryan, Clair Brown,
Susan Thompson, Melissa Palmer, Carrie Pluck, Steve Goodloe,
Jessica Nix, Patrick Bernal, Phoebe Beierle, Sasha Kellner-Rogers,
Rebecca Farbman, Nicole Ripa, Celeste Ruberti. Alderperson
Efroymson applauded these groups for initiating, planning, and
following through on positive teen efforts in the arts and
recreation.
MAYOR'S APPOINTMENTS:
Cable Commission
By Alderperson Shenk : Seconded by Alderperson Gray
RESOLVED, That Jill Brantley, City of Ithaca, be appointed to the
Cable Commission with a term to expire December 31, 2000.
Carried Unanimously
Commons Advisory Board
By Alderperson Thorpe : Seconded by Alderperson Mackesey
RESOLVED, That Illa Burbank, Town of Ithaca, be appointed to the
Commons Advisory Board with a term to expire December 31, 1998.
Carried Unanimously
Community Police Board
By Alderperson Shenk : Seconded by Alderperson Mackesey
RESOLVED, That Patricia Pryor, City of Ithaca, be appointed to the
Community Police Board with a term to expire December 31, 1999.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people spoke in support of the Sister-City
relationship between Ithaca and Bihac, Bosnia, and informed
Council of numerous fundraising efforts taking place to assist the
children of Bosnia:
John Weiss, Town of Ithaca
Hannah Kohut, Town of Ithaca
Andrea Knezevic, Fall Creek Elementary School
Amity Weiss, Town of Ithaca
April 2, 1997
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John Schroeder, City of Ithaca, addressed Council in support of
the additional bridge sculptures funding request for the Route 96
project.
Cynthia Yahn, City of Ithaca, addressed Council regarding the
increase in traffic accidents in the West End, which in most cases
have been caused by excessive speed.
Guy Gerard, City of Ithaca, addressed Council regarding the need
to lengthen the timing of traffic lights for pedestrian safety
purposes.
Faye Gougakis, City of Ithaca, addressed Council regarding
preserving the State Theater as she believes it is a historical
landmark and an asset to the community.
RESPONSE TO THE PUBLIC:
Alderperson Blumenthal responded to comments made about the State
Theater. She stated that there is a feasibility study underway to
determine the viability of the theater.
Alderperson Mackesey thanked the public for their comments.
Alderperson Johnson suggested that the issue regarding funding for
the Bosnian children project be referred to the Community Issues
Committee.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen announced the following Proclamations:
Suicide Prevention Week May 3-May 10, 1997
The Week of the Young Child April 12-April 20, 1997
Crime Victims Rights Week April 13-April 19, 1997
International Building Safety Week April 6-April 12, 1997
Mayor Cohen reported that a Public Information Meeting will be
held on April 7, 1997 at 6:00 P.M. in Common Council Chambers
regarding the City’s Tree Policy.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Vice-Chair Ehrhardt reported on the following items:
The Board reduced the outdoor dining fee.
The Board renamed a Mutual Housing street to Alice Miller Way.
The Board tabled a discussion on the bagging of meters in the
Central Business District pending additional information.
The Board gave approval to Paul Stevenson and Martha Armstrong, CD
Planners, for Cleveland Avenue traffic calming measures.
REPORT OF THE CITY CLERK:
Local Advisory Board of Assessment Review
Resolution
By Alderperson Johnson : Seconded by Alderperson Gray
RESOLVED, That Martha Preston and Susan Blumenthal be appointed to
serve on the Local Advisory Board of Assessment Review for 1997.
` Ayes (9) Shenk, Mackesey, Efroymson, Sams,
Johnson, Hanna, Marcham, Thorpe,
Gray
Nays (0)
Abstentions (1) Blumenthal
Carried
April 2, 1997
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REPORT OF THE CITY ATTORNEY:
City Attorney Geldenhuys reported that the alienation of the Inlet
Island Parkland has been approved by the State.
City Attorney Geldenhuys updated Council on the pending litigation
regarding the Heat and Fire Detection Ordinance.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Efroymson reported that April 12-18 is National
Volunteer Week.
Alderperson Sams reported that there is a community project to
build a playground at Conway Park, on April 26, 1997 and urged all
present to attend and offer their services to a worthy cause.
CONSENT AGENDA ITEMS:
BUDGET AND ADMINISTRATION COMMITTEE
15.1 Commons Coordinator - Request to Sign Simeon's Revocable
License Agreement
By Alderperson Efroymson : Seconded by Alderperson Johnson
WHEREAS, since 1987 the City of Ithaca has issued a license to
Simeon's Restaurant allowing that restaurant to utilize certain
areas along Aurora Street and on the Ithaca Commons for outdoor
dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Simeon's Restaurant, including the
responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 1997, that Common Council hereby approves a
revocable license agreement for the outdoor sale and consumption
of alcohol between the City and Simeon's Restaurant that includes
the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop
coverage in the amount of $500,000.00 and Commons Advisory Board
approval for outdoor dining permits.
Carried Unanimously
15.2 City Clerk - Request to Amend Personnel Roster
By Alderperson Efroymson : Seconded by Alderperson Johnson
RESOLVED, That the Authorized Personnel Roster for the Finance
Department/Clerk's Office be amended as follows:
Add: One (1) Administrative Secretary
Delete: One (1) Senior Stenographer
Carried Unanimously
April 2, 1997
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PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
15.4 An Ordinance Amending Section 325-37 "Time Limits to Appeal
and Authority of Building Commissioner's Deputies and Assistants"
of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal
Code - Declaration of No Significant Environmental Impact
By Alderperson Efroymson : Seconded by Alderperson Johnson
WHEREAS, an Ordinance amending Section 325-37, "Time Limits to
Appeal and Authority of Building Commissioner's Deputies and
Assistants", of Chapter 325, 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
March 20, 1997, 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
15.5 An Ordinance Amending Section 325-37 Entitled "Time Limits
to Appeal and Authority of Building Commissioner's Deputies and
Assistants" of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code
By Alderperson Efroymson : Seconded by Alderperson Johnson
ORDINANCE NO. 97____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows: § 325-37. Enforcement officer;
assistance; appeals.
Section 1. The City of Ithaca Municipal Code , Section 325-37
entitled Enforcement Officer, assistance; appeals is hereby
amended as follows:
§ 325-37 - Enforcement Officer; assistance; appeals.
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A. This chapter shall be administered and enforced by the
Building Commissioner and/or his or her deputies and assistants.
The Building Commissioner may call upon the City Prosecutor or
other legal assistance where necessary to enjoin or prosecute
violations of this chapter. No building permit or certificate of
occupancy shall be issued by the Building Commissioner except
where all provisions of this chapter shall have been met and
complied with or under specific written order of the Board of
Appeals.
B. Any person ordered to comply with the provisions of this
chapter, ordered to cease and desist any use prohibited by this
chapter, or who is otherwise in disagreement with the judgment of
the Building Commissioner and/or his or her deputies and
assistants with respect to the administration or enforcement of
this chapter may appeal to the Board of Zoning appeals, provided
that a written statement setting forth the reasons for such appeal
be filed with the Secretary of the Board. Such appeal shall be
commenced pursuant to the provisions set forth in § 325-40
relating to procedures before the Board. In the case of an order
to comply or to cease and desist the Building Commissioner and/or
his or her deputies and assistants shall notify such person of
this right to appeal and of the time limitations for commencing an
appeal.
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
15.6 An Ordinance Amending Section 325-3.B. of Chapter 325
entitled “Specific Terms or Words” - definition of “Dwelling,
Owner Occupied” -- Call for Public Hearing
By Alderperson Efroymson : Seconded by Alderperson Johnson
RESOLVED, That Ordinance 97-_____ entitled “An Ordinance Amending
Section 325-3.B. of Chapter 325 entitled “Specific Terms or Words”
definition of “Dwelling, Owner Occupied” is introduced before the
Common Council of the City of Ithaca, New York, and be it further
RESOLVED, The Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance in the Common
Council Chambers, City Hall, 108 East Green Street, in the City of
Ithaca, on Wednesday, May 7, 1997 at 7:00 p.m., and be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board true and exact copies of the proposed zoning
ordinance for their reports thereon.
ORDINANCE NO. 97____
April 2, 1997
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NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code, Section 325-3.B
entitled “Specific Terms or Words” which includes the definition
of “Dwelling, Owner Occupied; is hereby amended as follows:
DWELLING, OWNER-OCCUPIED -- A building in which at least one (1)
dwelling unit is occupied by at least one (1) person who holds at
least thirty-three-and-one-third-percent legal interest in the
property and who maintains his/her principal residence in that
building. The owner(s) shall occupy and maintain as a legal,
full-time residence at least one (1) of the dwelling units on the
premises, except for temporary absences not to exceed eighteen
(18) months in any five-year period. Longer absences will result
in loss of any vested rights to use the building as an
owner-occupied dwelling and will cause the property to revert to
single-family status.
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
COMMUNITY ISSUES COMMITTEE:
16.1 A Local Law to Correct the Text of the Ithaca City Code
Pursuant to the Findings of the 1996 Mandatory Referendum Review
By Alderperson Sams : Seconded by Alderperson Johnson
LOCAL LAW No. ____ Of the Year 1997
City of Ithaca
A Local Law to correct the text of the Ithaca City Code
pursuant to the findings of the 1996 mandatory referendum review.
Be it enacted by the Common Council of the City of
Ithaca as follows:
Section 1. Legislative Intent. The following text
constitutes the legislative intent of the Common Council and
shall be inserted as a footnote into each of the sections of the
Ithaca City Code affected by this local law as set forth in
sections 2 through 12 below:
The City determined during 1996 that several local laws
enacted by Common Council during the last thirty years
were subject to the mandatory referendum requirement of
the New York Municipal Home Rule Law but were not in
fact submitted to or approved by referenda. Local Law
__-1997 corrects the text of the Ithaca City Code by
deleting language inserted pursuant to unapproved and
therefore invalid local laws and re-inserting the pre-
existing language which is still legally effective.
April 2, 1997
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Section 2. Section 325-40(A)(1) of the Ithaca City
Code is hereby amended as follows:
Appointment of members. The Mayor shall appoint a Board
of Appeals consisting of five (5) members. The Board of
Appeals, at the first regular meeting each year, shall
elect one (1) of its own members as Chairperson. In the
absence of the Chairperson at any meeting, the Board of
Appeals may designate a member to serve as Acting
Chairperson. The Building Commissioner shall be the
Secretary of the Board of Appeals. In making such
appointments, the Mayor may require Board of Appeals
members to complete training and continuing education
courses.
Section 3. Section 4-23(A)(1) of the Ithaca City Code
is hereby amended as follows:
There shall be a Planning and Development Board, also
known as the "Planning Board," consisting of seven (7)
members, each of whom shall be appointed by the Mayor.
There shall be one (1) member from the Common Council
and one (1) member from the Board of Public Works. The
Mayor shall appoint one (1) member of the Planning and
Development Board to serve as Chairperson. In the
absence of a Chairperson, the Planning and Development
Board may designate a member to serve as Chairperson.
In making such appointments, the Mayor may require
Planning and Development Board members to complete
training and continuing education courses in accordance
with any local requirements for the training of such
members. The term of office shall be three (3) years,
and the terms shall be staggered, except for members
who are appointed from Common Council and the Board of
Public Works. With respect to those members, the term
of office shall be two (2) years and shall coincide
with their term of office as a member of Common Council
or a member of the Board of Public Works.
Section 4. Section C-30 of the Ithaca City Code is
hereby reorganized and amended as follows:
A. Procedure at meetings.
(1) The meetings of the Common Council shall
be public except when the public
interest shall require secrecy.
(2) At all meetings of the Common Council,
the Mayor, when present, shall preside.
(3) The minutes of the proceedings shall be
kept by the City Clerk, and the same
shall be open at all times to public
inspection.
B. Voting.
(1) In the proceedings of the Common
Council, each member present shall have
a vote except the Mayor, who shall only
have a vote when the votes of the other
members are tied, and except as
hereinafter provided.
(2) A majority of the members of the Common
Council shall be a quorum for the
transaction of business. If a member
abstains from voting, it shall be
April 2, 1997
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considered as if that member did not
vote.
(3) Notwithstanding any other section, no
tax or assessment shall be ordered
except by a concurring vote of a
majority of all members of the Common
Council in office, including the Mayor,
who shall be entitled to vote thereon as
a member of the Council, and no tax
levied, assessment bill ordered,
resolution or ordinance shall take
effect until the same shall receive the
approval of the Mayor, as hereinafter
provided.
Section 5. A new Section C-26.1, titled “Discipline
and removal of selected officers” is hereby created and inserted
into the Ithaca City Code:
(A) Application of this section.
(1) The following procedures regarding
discipline and removal apply to any
officer of the city who is listed in
§ C-26.
(2) The following procedures regarding
discipline and removal shall not be
applied to incumbent city officers to
the extent that such procedures are
modified by such officers’ contracts of
employment.
(3) The following procedures regarding
discipline and removal do not apply to
any officer listed in § C-26 who is
subject to New York Civil Service Law
sections 75 and 76.
(B) Individual Officers.
(1) Superintendent of Public Works. The
Superintendent holds office at the
pleasure of the Board of Public Works,
subject to dismissal by the concurring
vote of four members of the Board of
Public Works in accordance with the
Civil Service Law.
(2) Fire Chief. The Fire Chief and Deputy
Fire Chief shall hold their offices
until removed because of incompetency or
misconduct, after charges in writing
have been proffered, and such charges
established upon a hearing before the
Board of Fire Commissioners, removal
however, to take place only upon
approval by the mayor of the findings of
the Board.
(3) Youth Bureau Director. The Youth Bureau
Director is subject to discipline and
removal as provided by New York Civil
Service Law §§ 75 and 76.
(4) Building Commissioner. The Building
Commissioner shall be removable,
following reasonable notice and a public
hearing if the Commissioner should
request such hearing:
April 2, 1997
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(a) by the affirmative vote of at
least two-thirds of the
alderpersons, or
(b) by the Mayor with the approval
of the Common Council.
(5) City Controller. The City Controller
shall be removable, following reasonable
notice and a public hearing if the
Controller should request such hearing:
(a) by the affirmative vote of at
least two-thirds of the
alderpersons, or
(b) by the Mayor with the approval
of the Common Council.
(6) City Clerk. The City Clerk shall be
removable, following reasonable notice
and a public hearing if the Clerk should
request such hearing:
(a) by the affirmative vote
of at least two-thirds of
the alderpersons, or
(b) by the Mayor with the approval
of the Common Council.
(7) Director of Planning and Development.
The Director is subject to discipline
and removal as provided by New York
Civil Service Law §§ 75 and 76.
(8) City Chamberlain. The City Chamberlain
shall be removable, following reasonable
notice and a public hearing if the
Chamberlain should request such hearing:
(a) by the affirmative vote of at
least two-thirds of the
alderpersons, or
(b) by the Mayor with the approval
of the Common Council.
(9) Personnel Administrator. The Personnel
Administrator is subject to Section C-27
of the Ithaca City Code.
(10) Assistant City Attorney. The Assistant
City Attorney is subject to Section C-27
of the Ithaca City Code.
Section 6. Section C-61(A) of the Ithaca City Code is
hereby amended as follows:
The Board of Public Works shall take charge and,
subject to the limitations herein contained and the
direction and review of the Common Council, shall have
control of the following departments of the city
government, of the property belonging thereto and of
the appropriations made therefor:
(1) Water, except that it shall not in any manner
fluoridate the water under the control of the
Water Department of the city government.
(2) Sewers and Drains.
(3) Streets and Sidewalks.
(4) Creeks and Bridges.
(5) Streetlighting.
(6) Parks.
(7) Cemeteries.
(8) Garbage.
April 2, 1997
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(9) Public Buildings and Property[, but not buildings
or property for use of the Fire Department].
(10) Such other departments as may be assigned to the
Board under the provisions of § C-82 of this
Charter.
Section 7. Section C-78 of the Ithaca City Code is
hereby amended as follows:
The Board of Public Works may, on behalf of the city, grant to a
corporation or individual outside of the city the right to make
connections with the water mains for the purpose of drawing water
therefrom and shall fix the prices and conditions therefor; but
the Board shall not sell or permit such use of water if or when
thereby the supply or pressure for the city or its inhabitants
will be insufficient and may discontinue or terminate such sale
or use at any time.
Section 8. Section C-79(B) of the Ithaca City Code is
hereby deleted. Section C-79(A) is hereby renumbered as Section
C-79.
Section 9. Section 31-3(A) of the Ithaca City Code is
hereby amended as follows:
The Conservation Advisory Council shall consist of
fifteen (15) members, of whom nine (9) shall be voting
members appointed by the Mayor, subject to approval by
the Common Council, and the remainder shall be non-
voting ex-officio members as provided herein. All
members shall be appointed for full terms of four (4)
years. Persons residing within the City of Ithaca and
not more than two (2) persons residing outside the City
of Ithaca who are interested in the improvement and
preservation of environmental quality shall be eligible
for appointment as members of the Council. All members
of the Council shall have reached their 16th birthday
on the day that their appointment takes effect, but not
more than one (1) voting member shall not have reached
his/her 18th birthday. Vacancies on the Council shall
be filled in the same manner as the original
appointment, except that a vacancy occurring other than
by the expiration of the term of office shall be filled
only for the remainder of the unexpired term.
Section 10. Section C-31(A) of the Ithaca City Code is
hereby amended as follows:
The Common Council shall hold regular meetings at least
once each month, on the first Wednesday of the month,
and the Mayor or, in his or her absence any three (3)
Council members, may call special meetings by
twenty-four (24) hours' notice, in writing, served
personally or by mail upon the other members of the
Common Council or by leaving it at their respective
usual places of business during business hours or their
respective places of abode at other times.
April 2, 1997
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Section 11. Section C-11(B)(1)(e) of the Ithaca City
Code is hereby amended as follows:
To approve or disapprove of all bills, orders,
resolutions or ordinances which shall have passed the
Common Council; and if the Mayor disapproves, the same
shall be returned to the Common Council or to the Clerk
thereof with the Mayor's objection, in writing, which
shall be filed by the Clerk; and the Common Council
may, at its next meeting thereafter, proceed to
reconsider such ordinance, resolution, order or act
thus disapproved; and if the same shall be passed by
the votes of two-thirds (2/3) of all the alderpersons
then in office, the same shall have full force and
effect, notwithstanding the objection of the Mayor. If
any such bill, order, resolution or ordinance shall not
be so returned by the Mayor to the Common Council or
Clerk within five (5) days after it shall have been
passed, such ordinance, resolution, order or act shall
have full force and effect in like manner as if duly
approved by the Mayor, unless the term of office of the
Mayor shall have expired within five (5) days after the
same shall have been passed, in which case such
ordinance, resolution, order or act shall have no
force.
Section 12. Section C-17(C) of the Ithaca City Code is
hereby amended to read as follows:
Removal of police officers by Mayor. The police
officers and staff officers of the Police Department
shall be subject to removal by the Mayor when found to
be incompetent, negligent or guilty of misconduct in
and about or unable to perform the duties of their
office or guilty of willfully violating any of the
rules and regulations of the Police Commissioners or
any superior officers.
Section 13. This Local Law shall take effect after it
is filed in the office of the secretary of state.
Alderperson Efroymson stated that he will abstain from this vote
as he believes that this legislation was not reviewed adequately.
Ayes (9) Shenk, Mackesey, Sams, Johnson,
Blumenthal, Hanna, Marcham, Thorpe,
Gray
Nays (0)
Abstentions (1) Efroymson
Carried
16.2 An Ordinance to Amend Section 90-67 Entitled "Residency
Requirements" of Chapter 90 Entitled "Personnel" of the City of
Ithaca Municipal Code
By Alderperson Sams : Seconded by Alderperson Efroymson
WHEREAS, Common Council has stated its desire to increase the
number of City employees who are City residents, and
April 2, 1997
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WHEREAS, Common Council has also stated its desire to increase
the number of under-represented minorities and women throughout
the City workforce, and
WHEREAS, Common Council believes that using a City list for
hiring helps to achieve the aforementioned objectives; now,
therefore, be it
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 Municipal Code, Section 90-67
entitled "Residency Requirements" is hereby amended as follows:
1. All employees who are identified as public officers in
Charter Section C-5 are required to be residents of the City of
Ithaca within one (1) year of their permanent appointment to the
title, with the following exceptions:
A. Incumbents: the Assistant City Attorney, the Deputy
Building Commissioners, the Assistant Superintendents
of Public Works and the Ithaca Activities and Cultural
Coordinator, all of whom were not at the time of
appointment required to be residents of the City of
Ithaca. However, any individual subsequently appointed
to fill any of these titles shall be required to become
a resident of the City of Ithaca as provided in this
Article.
B. Officers who serve at the pleasure of the Mayor.
C. Fire Department personnel so long as the exemption of
New York State Public Officers Law Section 3,
Subdivision 4, is applicable to said personnel.
D. Police personnel, except as specified in Section 90-
67.2.
2. Effective April 2, 1997, all employees who are appointed
from an eligible list of City residents shall be required to
maintain actual residency in the City of Ithaca for five (5)
years following their date of appointment from the eligible
list.
Section 90-68 Residency.
"Residency", as the term is used in Section 90-67, is synonymous
with "domicile". An employee indicates residency through factual
circumstances which indicate an intention to make the City of
Ithaca the employee's fixed and permanent home. Such factual
indicia of residency shall include, but not be limited to, the
following:
A. Actual residency with the City of Ithaca at a fixed and/or
permanent address which would entitle the employee to vote
as a City resident.
April 2, 1997
14
B. The ownership of property and payment of City property taxes
for residential property identified as the fixed and/or
permanent address for the employee.
C. Documented proof of residency in the form of a passport,
driver's license or similar document.
Discussion followed on the floor with Alderpersons Efroymson and
Thorpe speaking in opposition to the five year residency
requirement.
Amending Resolution
By Alderperson Thorpe : Seconded by Alderperson Shenk
RESOLVED, That Section 2 be amended to read as follows:
“Effective April 2, 1997, all employees who are appointed from an
eligible list of City residents shall be required to maintain
actual residency in the City of Ithaca for three (3) years
following their date of appointment from the eligible list.”
Ayes (8) Efroymson, Mackesey, Shenk, Thorpe, Gray,
Marcham, Hanna, Blumenthal
Nays (2) Johnson, Sams
Carried
Main Motion As Amended
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
15.3 DPW - Approval of Sidewalk Assessments 1994, 1995, 1996
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, notice of defects, public hearings, and notices of
assessment were provided to property owners prior to the
installation and repair of their sidewalk in 1994, 1995, and 1996,
and
WHEREAS, the Board of Public Works has approved the attached list
of sidewalk assessments; now, therefore be it
RESOLVED, That the City Clerk be, and hereby is, directed to
prepare a warrant on the City Chamberlain, in accordance with such
schedule, for the collection of said assessments; and that the
Mayor and City Clerk be authorized to sign and execute such
warrant; whereupon all such assessments will become due and
payable from the date of execution thereof; and on all such
assessment or portions thereof remaining unpaid after the
expiration of six months from the date of such warrant, the City
Chamberlain shall add and collect the percentage thereon, at the
rate of 10% per annum, except and provided, however, that the City
Chamberlain may allow persons to pay their assessments, if the
aggregate amount exceeds $100., in five equal installments, with
interest at 10% on or about June 1, each year, provided, however,
that any person desiring to pay by installments shall make
application promptly, in writing, to the City Chamberlain; and all
properties having such assessments or portions thereof of
installment payments in arrears and remaining unpaid at the close
of any City Tax collection period shall be included by the City
April 2, 1997
15
Chamberlain in the subsequent City Tax to be collected in the
manner and subject to the same penalties and procedures as the
City Tax.
Carried Unanimously
17.1 Attorney - Approval of Drug Court Contract
By Alderperson Marcham: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca and Tompkins County have jointly
pursued Local Law Enforcement Block Grant Funding from the U.S.
Department of Justice, Bureau of Justice Assistance (BJA) towards
the creation of a Drug Court in the Ithaca City Court; and
WHEREAS, the grant proposal is to create a Treatment Court Case
Manager position which would be jointly funded by the BJA Grant
Money; and
WHEREAS, the City and the County have agreed to administer the
grant funds through a single location with that location being
the Tompkins County Criminal Justice Coordinator's Office, and
WHEREAS, the BJA grant funds in the amount of $16,983 were
received and the City's matching amount of $1,887 has been
allocated; now, therefore, be it
RESOLVED, That the Mayor be authorized to enter into an agreement
with Tompkins County to create a Treatment Court Case Manager
position for the period of the BJA Grant Award, October 1, 1996
to September 30, 1998, such agreement to be consistent with the
document dated April 2, 1997, and be it further
RESOLVED, That the City Controller is hereby authorized to make
all necessary transfers to provide payment to Tompkins County per
signed agreement.
Carried Unanimously
17.2 Common Council - Approve Reimbursement and Restructuring of
Covenants for Hart Hotels
By Alderperson Marcham: Seconded by Alderperson Thorpe
WHEREAS, the City signed a Declaration of Covenants, in June,
1983, with the Block 99 Partnership which among other items,
allows for a payment to the City for use, by the Holiday Inn, of
parking spaces in the City's Parking Lot D, and
WHEREAS, a request was submitted from Hart Hotels Holiday Inn to
review and restructure the existing Declaration of Covenants with
the City as it relates to payment for parking spaces, and
WHEREAS, the request also included a reimbursement of parking
paid to patrons by the Holiday Inn for use of the lot above and
beyond the original agreement, and
WHEREAS, the Budget and Administration Committee reviewed the
request and agreed that the Declaration of Covenants between the
Block 99 Partnership and the City should be amended and a
reimbursement of 1996 parking charges, paid by the Holiday Inn to
their patrons in the amount of $1,714.90 for the use of the lot
outside the original agreement, should be paid; now, therefore,
be it
April 2, 1997
16
RESOLVED, That the Mayor be authorized to sign an amended
Declaration of Covenants between the City and Hart Hotels, Inc.,
and be it further
RESOLVED, That the City shall reimburse Hart Hotels, annually, an
amount not to exceed $2,500 for parking paid by Hart Hotels for
patron use of the City's Parking Lot D consistent with the
amended Declaration of Covenants.
Extensive discussion followed on the floor with Alderpersons Sams
and Efroymson speaking in opposition to the reimbursement, and
Alderpersons Marcham and Thorpe speaking in favor of it.
A vote on the resolution resulted as follows:
Ayes (7) Johnson, Mackesey, Shenk, Thorpe,
Marcham, Gray, Blumenthal
Nays (3) Hanna, Efroymson, Sams
Carried
17.3 DPW - Appointment of Motor Equipment Maintenance Supervisor
By Alderperson Marcham: Seconded by Alderperson Johnson
RESOLVED, That Donald Parker be provisionally appointed to the
position of Motor Equipment Maintenance Supervisor at an annual
salary of $34,500 effective April 7, 1997, and be it further
RESOLVED, That an amount not to exceed $3,620 be transferred from
Account A5132-5115 to Account A5132-5105 for the purpose of
funding said appointment.
Carried Unanimously
17.4 Planning Department - Request Amendment to Capital Project
for Bridge Sculptures and Authorize Mayor to Sign All Agreements
By Alderperson Marcham: Seconded by Alderperson Hanna
WHEREAS, Common Council approved, at its regular meeting of June
1, 1994, a City allocation of $20,000 to construct bridge
sculptures on the two new bridges built during the Route 96
project, and
WHEREAS, the original sculpture project had a cost estimate of
$40,000, and
WHEREAS, current cost estimates for the bridge sculpture project,
which would include a total of eight sculptures, are $66,464, and
WHEREAS, the other funders of the bridge sculpture project have
agreed to increase their matching allocations to the project, and
WHEREAS, the City would need to add up to $19,000 to its previous
$20,000 allocation; now, therefore, be it
RESOLVED, That Capital Project #207 West End Development be
amended by an amount not to exceed $48,000 for the purpose of
funding said West End Bridge Sculpture project with total project
funding sources as follows:
NYS DOT $39,000
City of Ithaca 39,000
Santaro Industries 10,000
$88,000
and be it further
April 2, 1997
17
RESOLVED, That funds for said amendment be derived from the
issuance of Serial Bonds, and be it further
RESOLVED, That the Mayor is hereby authorized to execute all
appropriate agreements for the manufacture, construction, and
installation of the Route 89 and Route 96 bridge sculptures.
Discussion followed on the floor with Alderpersons Blumenthal and
Johnson speaking in opposition to the city contributing
additional funds for the bridge sculptures. Alderperson Johnson
recommended that a fund be established to collect contributions.
Amending Resolution
By Mayor Cohen: Seconded by Alderperson Efroymson
RESOLVED, That two new Whereas clauses be inserted after the
third Whereas clause to read as follows:
“WHEREAS, the City has the opportunity to install sculptures with
pedestals for the Route 79 bridge at a total cost of $18,00 with
the City’s share being $9,000, and
WHEREAS, the installation of such pedestals after the project is
completed would cost the City between $60-100,000 in the future,
and”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Ayes (8) Mackesey, Hanna, Efroymson, Thorpe,
Marcham, Sams, Gray, Shenk
Nays (2) Blumenthal, Johnson
Carried
17.5 Planning Department - Request to Establish Capital Project
for Southside Center Heating System
By Alderperson Marcham: Seconded by Alderperson Gray
WHEREAS, the City's Southside Community Center facility had a
section of its boiler fail recently, and
WHEREAS, cost estimates to repair or replace the boiler have
ranged from $3,000 to $15,000 with additional annual costs for
ongoing maintenance of the 60-year old piping system in the
facility, and
WHEREAS, a review of the system by DPW staff and a local
engineering firm has estimated a total replacement of the heating
system in the facility for a cost of $120,000, which includes a
new boiler, replacement of all piping and controls, and design
fees, and
WHEREAS, DPW staff, Planning Department staff and the Budget and
Administration Committee recommend the replacement of the
Southside Community Center's heating system with a hot water
hydronic system which would allow for greater energy efficiency,
comfort, reduced annual maintenance costs, and increased safety;
now, therefore, be it
RESOLVED, That Common Council authorizes the establishment of
Capital Project #347 at a cost not to exceed $120,000 for the
April 2, 1997
18
purposes of funding the design and installation of a new hydronic
heating system, and be it further
RESOLVED, That funds for said project will be derived from the
issuance of Serial Bonds.
Amending Resolution
By Alderperson Mackesey : Seconded by Alderperson Sams
RESOLVED, That the second Whereas clause be deleted from the
resolution.
Carried Unanimously
Main Motion
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
17.6 Property Tax Exemption for Veterans
Alderperson Marcham reported that Tompkins County raised the
exemption for veterans from $40,000 to $60,000. The City’s
current exemption is $80,000. No motion was made to raise the
threshold.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.1 Acceptance and Approval of the Downtown Design Plan
By Alderperson Blumenthal : Seconded by Alderperson Hanna
WHEREAS, the Downtown Design Plan was completed in September
1992, and
WHEREAS, in summary the Plan recommends the construction of
certain infill buildings with the provision of parking; proposes
a series of interior block pedestrian walkways and recommends a
number of urban beautification measures, and
WHEREAS, the Plan’s recommendations are based on analysis of the
existing buildings in the City as they are sited within the
natural setting, and
WHEREAS, an environmental review for the Plan has been completed
and has resulted in a finding of no significant impact, and
WHEREAS, the Planning and Development Board did on June 25, 1996,
adopt and approve the Downtown Design Plan as published in
September, 1992 as an amendment to the 1970 General Plan, and as
a part of the City’s Comprehensive Plan; now, therefore, be it
RESOLVED, That the Downtown Design Plan is hereby accepted and
approved by the Common Council as part of the City’s
Comprehensive Plan, and be it further
RESOLVED, That public parking will only be constructed as
required by increased parking demand in the study area, and be it
further
RESOLVED, That no new public parking will be constructed without
extensive public debate on the merits of the proposed new
facility and its costs as are related to the City’s ability to
pay for additional public facilities, and be it further
April 2, 1997
19
RESOLVED, That the implementation of this plan is subject to all
appropriate City, State and Federal regulations including state
and local environmental quality review act under which proposed
parking facilities and large buildings will be reviewed on an
individual basis as they are proposed for approval.
Amending Resolution
By Alderperson Thorpe : Seconded by Alderperson Mackesey
RESOLVED, That the third Resolved clause be amended as follows:
“RESOLVED, That no new public parking will be constructed without
extensive public debate on the merits of any new parking
facilities and their costs as are related to the City’s ability
to pay for additional public facilities, and be it further”
Carried Unanimously
Amending Resolution
By Alderperson Hanna : Seconded by
RESOLVED, That the fifth Whereas clause be amended to read as
follows:
“WHEREAS, Council recognizes that the Plan does not reflect
continuing concerns about a lack of feasible alternatives to
increase parking downtown, and”
The amendment failed due to the lack of a second.
Amending Resolution
By Alderperson Efroymson : Seconded by
RESOLVED, That the second Whereas clause be deleted from the
resolution.
The amendment failed due to the lack of a second.
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
18.2 1997 Planning Department Work Program Priority Items
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the Department of Planning & Development’s proposed 1997
Work Program has been reviewed by the Planning & Development
Board and by the Planning & Economic Development Committee; now,
therefore be it
RESOLVED, That the Common Council designate the following
projects as high priority projects for 1997:
• Department Administration
- Departmental Reorganization
• Economic Development
- Economic Development Plan
- Inlet Island Urban Design Study
- Meadow Street Area Land Use and Rezoning Study
- Sale of Unneeded City Land (Northside triangular block,
others)
Cable Franchise Agreement
- Site Plan Review Guidelines
April 2, 1997
20
• 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, Safety and
Stability
- West End: Analysis of residential and business parking
supply and 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 and Implementation
- Waterfront Plan: Adoption
- Six Mile Creek Valley Land Acquisition
- Geographic Information System
- Elmira Road Site Plan and Development Guidelines
• 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
Carried Unanimously
18.3 An Ordinance Amending Section 325-10.D.(1) “Accessory
Apartment Permits - Owner Occupancy Required” of Chapter 325
entitled “Zoning” of the City of Ithaca Municipal Code - Call for
Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Hanna
RESOLVED, That Ordinance 97-_____ entitled “An Ordinance
Amending Section 325-10.D.(1) “Accessory Apartment Permits -
Owner Occupancy Required” is introduced before the Common Council
of the City of Ithaca, New York, and be it further
April 2, 1997
21
RESOLVED, The Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance in the Common
Council Chambers, City Hall, 108 East Green Street, in the City
of Ithaca, on Wednesday, May 7, 1997 at 7:00 p.m., and be it
further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board true and exact copies of the proposed
zoning ordinance for their reports thereon.
ORDINANCE NO. 97____
NOW 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, § 325-10.D.(10).
entitled “Owner Occupancy Required” is hereby amended as follows:
325-10.D. Requirements. In order to be granted a temporary
permit, the following criteria and requirements must be met:
(1) Owner occupancy required. The owner(s) or contract vendee of
the lot upon which the accessory apartment is located shall
occupy and maintain as a legal full-time residence at least one
(1) of the dwelling units on the premises, except for temporary
absences not to exceed eighteen (18) months in any five-year
period. Longer absences will result in revocation of the
temporary permit, except by approval of the Board of Zoning
Appeals. Owner-occupants must maintain an interest of
thirty-three and one-third percent (33 1/3%) in the property.
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
18.4 Disposition of City Owned Land
Alderperson Blumenthal reported that there are approximately 200
parcels of city owned land. The Planning Committee will review
the listing of parcels and make a decision about the disposition
of the parcels that are not being utilized.
18.5 Flood Control Channel Dredging
Planning Director Van Cort reported that he received information
from the Army Corps of Engineers, and they will be using small
stone for the Flood Control Channel.
EXECUTIVE SESSION:
By Alderperson Gray : Seconded by Alderperson Blumenthal
RESOLVED, That Common Council adjourn into executive session to
discuss possible land acquisition.
April 2, 1997
22
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no formal
action taken.
NEW BUSINESS:
By Alderperson Gray : Seconded by Alderperson Sams
RESOLVED, That Ben Nichols be appointed as a Marriage Officer
with a term to expire December 31, 1997.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:00 P.M.
Julie Conley Holcomb, CMC Alan J. Cohen
City Clerk Mayor