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HomeMy WebLinkAboutMN-CC-1997-04-02 1 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 2 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 3 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 4 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 5 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. April 2, 1997 6 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 7 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 8 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 9 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 10 (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 11 (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 12 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 13 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