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HomeMy WebLinkAboutMN-CC-1997-07-02 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. July 2, 1997 PRESENT: Mayor Cohen Alderpersons (9) - Sams, Shenk, Mackesey, Hanna, Gray, Thorpe, Marcham, Blumenthal, Efroymson OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Building Commissioner - Eckstrom Deputy Planning and Development Director - Sieverding Community Development Administrator - Stevenson Acting Police Chief - Barnes Superintendent of Public Works - Gray EXCUSED: Alderperson Vaughan 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 Approval of the March 5, 1997 minutes was postponed until the August meeting. ADDITIONS TO OR DELETIONS FROM THE AGENDA: COMMUNITY ISSUES COMMITTEE: Alderperson Sams requested the addition of an executive session, and further requested that Item 19.4 Teen Center Endorsement - Resolution, be added to the Consent Agenda. Alderperson Gray requested the addition of Item 19.5 Access Advisory Board - Resolution. No Council member objected. CONSENT AGENDA: Alderperson Gray requested that Item 16.1 IURA/DPW - Request Amendment to Southside Community Center Project be removed from the Consent Agenda. BUDGET AND ADMINISTRATION COMMITTEE: Alderperson Marcham requested the addition of Item 17.7 Appointment of Police Chief, and Item 17.8 Police Department - Request Authorization for Law Enforcement Block Grant Application and Funding Match - Resolution. No Council member objected. SPECIAL ORDER OF BUSINESS: Mayor Cohen requested the addition of Item 4.2 - Public Hearing to consider the Community Development Block Grant Program Homebuyer Assistance Program. No Council member objected. July 2, 1997 2 SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Section 325-3.B Entitled “Specific Terms of Works” - Definition of “Home Occupation” of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code. Resolution to Open Public Hearing By Alderperson Shenk : Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to consider an Ordinance Amending Section 325-3 B of the City of Ithaca Municipal Code be declared open. Carried Unanimously No one appeared before Council to address this issue. Resolution to Close Public Hearing By Alderperson Hanna : Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to consider an Ordinance Amending Section 325-3 B of the City of Ithaca Municipal Code be declared closed. Carried Unanimously Public Hearing to Authorize A Program Amendment for CDBG Homebuyer Assistance Program Resolution to Open Public Hearing By Alderperson Mackesey : Seconded by Alderperson Sams RESOLVED, That the Public Hearing to Authorize A Program Amendment for CDBG Homebuyer Assistance Program be declared open. Carried Unanimously Paul Stevenson, Community Development Administrator, explained the Homebuyer Assistance Program. Bill McCormick addressed Council and spoke in opposition to the amending language. Resolution to Close Public Hearing By Alderperson Shenk : Seconded by Alderperson Gray RESOLVED, That the Public Hearing to Authorize A Program Amendment for CDBG Homebuyer Assistance Program be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Ginger Cohen, City of Ithaca addressed Council on behalf of Friends of the Library, and voiced her opposition to the Esty Street Sidewalk Proposal. Ms. Cohen read a petition which was signed by 85 volunteers from Friends of the Library. The petition was submitted for filing in the City Clerk’s Office. Jean Finley, City of Ithaca, addressed Council regarding the feasibility of municipalization of the cable system and leasing it to an operator. She requests the inclusion of this issue in the Cable Refranchise RFP. Bill McCormick, City of Ithaca, addressed Council in opposition to the Esty Street Sidewalk Proposal. He further spoke regarding two-way Cable Communications. Faye Goughakis, City of Ithaca, thanked the Mayor and the Police Chief Screening Committee for all their hard work in selecting a new Police Chief. Ms. Goughakis also spoke in regards to the Michael Angeley case and Common Council’s response. July 2, 1997 3 RESPONSE TO THE PUBLIC: CABLE REFRANCHISE Alderperson Efroymson responded to comments regarding the cable re-franchising RFP. Alderperson Efroymson recommended that Council discuss the content of public access channels. Alderperson Hanna spoke in regards to the Public Access System, and the municipalization of the cable system. Alderperson Sams spoke in regard to personal attacks on people through the Cable Access System. Mayor Cohen responded to comments made during the CDBG Homebuyer Assistance Program Public Hearing. Mayor Cohen also spoke on the Cable Access System and Freedom of Speech. Alderperson Mackesey spoke on community standards and the Cable Access System., and also apologized for comments she made at the June meeting regarding the Third Ward Democratic Committee’s candidate selection process. Alderpersons Thorpe and Blumenthal recommended that the Cable Access System be referred to the Community Issues Committee for further discussion. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Efroymson stated that the City has committed funds up to $100,000 to hire a consultant to work on the cable refranchising project. Discussions will be held with other municipalities who are in the process of cable refranchising regarding contributing funds towards the consultant. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen thanked the Police Chief Screening Committee, in particular Alderpersons Sams and Thorpe, for all their hard work and commitment. Mayor Cohen read a letter from John Rowley thanking City Forester, Andy Hillman, for his assistance during the removal of a Maple Tree in his front yard. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Vice-Chair Ehrhardt thanked Alderpersons Shenk and Mackesey, Mrs. Teeter, a resident of Spencer Road, and Dan Cole, City Traffic Engineer for their assistance in reconfiguring the traffic pattern on Spencer Road. The Traffic Committee will meet on July 15 to discuss the stop sign configuration at South Terrace/Hillview Place, and pedestrian crossings at Mitchell Street and College Avenue. Detour signs will be posted during the Mitchell Street construction project to assist people in locating the Collegetown Business District. July 2, 1997 4 The following letter was read into the record regarding Esty Street sidewalks: On June 11, The Board of Public Works approved the sidewalk program for 1997. Included in the program are sidewalks for both sides of Esty Street, between Meadow and Fulton Streets. The Esty Street sidewalks were approved by the Board in 1996, pursuant to its responsibility and authority under the city charter. The Board conducted a formal public hearing as required by the charter and, following that hearing and significant discussion, approved the sidewalks by a 4-0 vote with one abstention. In consideration of feedback from Esty Street property owners and in recognition that Esty Street was still a dead-end street at that time, the Board made clear its intention to build the sidewalks but chose to delay construction for a period of one-year until Esty Street was linked to Fulton. We also requested that during that one-year period, Common Council examine and possibly amend the funding mechanism for the sidewalk program. Council did not amend it, which, in retrospect, was wise. If the sidewalk program had to compete for property tax revenue in the present budget climate, Ithaca’s sidewalks would probably soon deteriorate. So, on June 11, the Board followed through on its resolution of one year ago and included the already approved Esty Street sidewalks in the program, by a 4-0 vote. Last week the Budget and Administration Committee of Common Council narrowly voted against funding sidewalks for the North side of Esty Street. Given that this would effectively delete a portion of the program approved by the Board of Public Works, I want to read into the record tonight the reasons for the Board’s original decision. In making its decision, the Board applied the following criteria: present necessity, changes to the neighborhood caused by the Rt. 96 project, long term planning objectives, and lack of hardship. 1. Present necessity. In 1996 the case for building sidewalks based solely on this criterion was not strong. In 1997, it is a year ago, Esty Street was a dead-end street. Today, the West End project has linked Esty Street to the rest of the neighborhood. Pedestrians will use it not only to gain safe access to businesses on Esty Street but to destinations elsewhere in the neighborhood. 2. Changes caused by the Route 96 project. Esty Street is part of a neighborhood that has just been physically transformed and which will see significant changes in its land use. Until this summer, warehouses may well have been the highest and best use of a dead-end street in a neighborhood with poor infrastructure. It is now a through street in a newly rebuilt, increasingly commercial neighborhood. Land use changes prompted by the project are already being pursued by the private sector, which recognizes that the property in this area is now more valuable than before. 3. Long term planning objectives. The economic development of the West End is an obvious objective of the project of which these sidewalks are a part. Planning and Public Works support the objective of getting people out of their cars and circulating on foot. The 1994 Report of the Traffic Task Force recommends construction of sidewalks to promote more and safer pedestrian traffic. Obviously, the need to provide safe access to commercial and residential properties by the physically disabled is of serious concern. Plans to develop Inlet Island and the waterfront July 2, 1997 5 will link the West End to other commercial and recreational uses. The decision to approve sidewalks on Esty Street is consistent with all of these objectives. 4. Another question we considered was hardship. We found none. The Board deals with assessments for sidewalks, water service, sewer service, and trash removal very frequently. We know a hardship case when we see one. Sometimes, in cases of hardship, we reduce or expunge payment for city services, sometimes not. For various reasons, we have chosen not to reduce sidewalk assessments in certain cases involving people on fixed incomes, people who barely read enough English to understand the department’s communications, not-for-profits, and recently a church in a low-income neighborhood that probably doesn’t have two spare nickels in its building fund. The Board often agonizes over these decisions and occasionally pushes the envelope of the flexibility legally available to us, but having assessed low- income property owners for their share of the sidewalk program, the Board could not in good conscience exempt Esty Street property owners of greater means from the same responsibility. The appearance of this particular type of uneven-handed behavior on the Board’s part would be detrimental to our ability to do our job. The Board also considered whether the decision would be anti- business. We think not. Interestingly, the strongest supporters of building sidewalks on Esty Street on the BPW include business people--in part because, as business people, they recognize the economic benefits and profit potential which the West End project holds for area property owners. Given all of these factors, the BPW approved the sidewalks for both sides of Esty Street and explained to the property owners that the Board’s responsibility is to the broader neighborhood, to the city as a whole, and to the future as well as the present. The only way the Board could have failed to approve these sidewalks, would have been to adopt an irresponsibly narrow and short-sighted perspective or to pretend that Esty Street was such a special case that all of the aforementioned reasons to build the sidewalks didn’t matter. One compromise we would have considered had we the authority to do so, would be to alter the terms of payment to allow people to make payments over time at a lower interest rate than the ten percent annual rate called for by local law. Perhaps Council can make that compromise tonight. We did not consider sidewalks on only the Southside of the street as a compromise. In the absence of a physical impediment to building sidewalks on both sides of the street, it would be unfair to impose a financial obligation only on property owners of the Southside of the street. Some portion of the benefit of the sidewalk would accrue to properties on both sides of the street. And the entire street is part of the neighborhood. In the last analysis, the Board approved sidewalks on both sides of Esty Street because it is part of a mixed use residential/commercial neighborhood, located at the crossroads of four state highways, in the geographic center of metropolitan area of some 50,000 residents, through which tens of thousands of vehicles pass everyday, through which pedestrians pass everyday on their way to home, work, stores, school, and parks. At the risk of belaboring the obvious: In 1997, in urban centers throughout the developed world, such neighborhoods need and have sidewalks on both sides of its streets. July 2, 1997 6 Therefore, on behalf of the Board of Public Works, and with the support of the Planning Board, which last week unanimously passed a resolution endorsing the full sidewalk program presented by the BPW, I respectfully request that Common Council restore the sidewalk program as approved by the BPW, with sidewalks on both sides of Esty Street, paid for by property owners as called for in the City Charter, according to whatever schedule of payment and whatever interest rate that Council deems appropriate. Alderperson Shenk thanked Vice-Chair Ehrhardt for his efforts and for working very closely with the community. Cable Commission Dick Cogger, Chair, Cable Commission, spoke regarding the Cable Commission expanding to seven members, and the resolution to reactivate the Access Advisory Board. Alderperson Marcham objected to the wording of the Access Advisory Board resolution, as she believes that it does not conform with State law. City Attorney Geldenhuys recommends that the Access Advisory Board resolution be postponed until further research can be completed. REPORT OF THE CITY CLERK: City Clerk Conley Holcomb announced that the City has received a Records Management Grant in the amount of $11,250. A consultant will be hired to prepare a Business Process Analysis Feasibility Study. The target areas are payroll, purchasing, centralized billing and land-based records. REPORT OF THE CITY CONTROLLER: Controller Cafferillo reported that the City has lost 15 million dollars in assessed property value. The City will be working with the County Assessment Office regarding the determination of this loss. CONSENT AGENDA ITEMS: BUDGET AND ADMINISTRATION COMMITTEE 16.2 Youth Bureau - Request Approval of Budget Amendment By Alderperson Thorpe : Seconded by Alderperson Shenk WHEREAS, the City is providing Cass Park Ball Field Maintenance to various local softball and soccer leagues, which is a change from 1996 when the leagues were providing their own maintenance, and WHEREAS, the City staff cost to provide this maintenance was unbudgeted for 1997, and is estimated at $2,000, and WHEREAS, the City and the leagues have agreed that the leagues would pay for this service at an estimated revenue of at least $2,500; now, therefore, be it RESOLVED, That the 1997 Youth Bureau Budget be amended as follows: July 2, 1997 7 Increase Revenues Accounts: A7310-2410-1326 $1,500 A7310-2410-1332 $1,000 Increase Appropriations Accounts: A7310-5120-1326 $1,000 A7310-5120-1332 1,000 A7310-9030-1326 77 A7310-9030-1332 77 A7310-9040-1326 173 A7310-9040-1332 173 Carried Unanimously 16.3 A Local Law to Amend Section C-44 of the City Charter Pertaining to the Proceedings to Collect Unpaid Taxes By Alderperson Thorpe : Seconded by Alderperson Shenk LOCAL LAW No. ____ of the Year 1997 City of Ithaca A Local Law to adopt the procedures set forth in Article 11 of the Real Property Tax Law of the State of New York for Recovering Unpaid Taxes Be it enacted by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. This local law is intended to adopt the procedures for collecting unpaid taxes delineated in Article 11 of the Real Property Tax Law of the State of New York, while retaining the penalty charges for unpaid taxes currently in effect. This Local Law amends Section C-44 of the Ithaca City Charter. Section 2. Section C-44 of the Ithaca City Charter entitled “Proceedings to collect unpaid taxes” is hereby deleted from the Charter, subject to the following savings provisions: A. For purposes of the enforcement of taxes which shall have become liens prior to the effective date of this local law, with the exception of the 1997 Ithaca City School District taxes, and which are held by the City of Ithaca, the provisions of Section C-44 in effect on the last day preceding the effective date of this local law shall continue in effect for a period of four years from the effective date of this local law, as fully and to the same extent as if such laws had not been repealed or superseded by this local law. During such four year period, if a parcel is subject both to a lien or liens arising prior to the effective date of this local law and to a lien or liens arising on or after such effective date, the procedures applicable to the enforcement of delinquent taxes shall depend upon the lien or liens upon which the enforcement proceeding is based; provided, July 2, 1997 8 that if an installment agreement is executed pursuant to section 1184 of the Real Property Tax Law, the agreement shall apply to all outstanding liens held by the City of Ithaca, no matter when arising. B. After four years from the effective date of this local law, if the enforcement of such prior lien or liens shall not have been concluded, as evidenced by the issuance of a tax deed, the amount due shall be relevied and enforced in accordance with the procedures of Article 11 of the Real Property Tax Law, as amended. Section 3. A new Section 44 of the Ithaca City Charter entitled “Proceedings to collect unpaid taxes” is hereby created as follows: A. Adoption of Article 11 of the Real Property Tax Law of the State of New York. (1) Effective January 1, 1998, the City of Ithaca shall follow the procedures to collect unpaid taxes as set forth in Article 11 of the Real Property Tax Law of the State of New York, as amended, and subject to the savings provisions set forth in this local law. The newly adopted procedures shall apply to tax liens created for real property taxes levied in 1998 and Ithaca City School District taxes levied in 1997. (2) The City of Ithaca shall assess a 15% penalty on unpaid taxes on October 1 in the year of the initial due date of the unpaid taxes. The City of Ithaca shall charge an additional 10% penalty on October 1 of each year following the assessment of such penalty. (3) The penalties set forth above together with the penalties charged pursuant to section C-43 of the Ithaca City Code shall constitute the penalties and interest charges referred to in Article 11 of the Real Property Tax Law of the State of New York. Carried Unanimously Planning and Economic Development Committee: 16.4 Request Authority for Program Amendment for CDBG Homebuyer Assistance Program By Alderperson Thorpe: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca is committed to the goal of expanding first time homeownership, and WHEREAS, the City of Ithaca received funds from the U.S. Department of Housing and Urban Development (HUD) through both its 1995 and 1996 multi-year Community Development Block Grant (CDBG) awards to assist qualified first time homebuyers to purchase houses, a program which is administered through Ithaca Neighborhood Housing Services (INHS), and WHEREAS, the City’s 1996 multi-year CDBG application included funds in the second year (1997) for two first time homebuyer programs, with the first program originally funded through the 1995 application and targeted at the Northside Neighborhood to assist fifteen households, and with the second program available to twenty households to purchase homes city-wide, and July 2, 1997 9 WHEREAS, the staff of INHS has expressed concern about the potential for assisting fifteen households to purchase houses in one neighborhood in a timely manner, and WHEREAS, a public hearing has been held before Common Council on this program amendment, now therefore be it RESOLVED, that the Common Council authorizes the community development staff to seek a program amendment from HUD for the activity in the second year of the City’s 1996 CDBG award, now known as the “Northside Homebuyers’ Program” be amended to: a. have at a minimum five of the fifteen households to be assisted purchase houses in the Northside Neighborhood as defined by the application, and b. that the remaining ten participating households be assisted to purchase houses in the INHS Target Areas, being an area generally defined as the downtown neighborhoods and lower West Hill (and including the Northside Neighborhood), and BE IT FURTHER RESOLVED, that the Council authorizes the Mayor to sign the necessary documents to undertake this amendment. Carried Unanimously 19.4 RESOLUTION ON TEEN CENTER ENDORSEMENT By Alderperson Thorpe : Seconded by Alderperson Shenk WHEREAS, area youth have expressed their wish for a downtown space of their own, and WHEREAS, this space would provide teens with a place that makes them feel a part of the community, and that would enable socializing, joining in creative projects such as theater, art and music, and outreach efforts for youth at risk, and WHEREAS, the members of the Teen Community Center Project have been working to raise funds to create an independent not-for- profit corporation to fill this need, now therefore be it RESOLVED, that the City of Ithaca Common Council endorses the concept of a teen center in downtown Ithaca, and the efforts of the Teen Community Center Project to raise funds for that purpose. Carried Unanimously REGULAR AGENDA ITEMS: BUDGET AND ADMINISTRATION COMMITTEE: 16.1 IURA/DPW - Request Amendment to Southside Community Center Project By Alderperson Marcham : Seconded by Alderperson Blumenthal WHEREAS, bids for the Southside Community Center Renovation and Expansion Project were opened on June 10, 1997, and WHEREAS, the bids and related costs came in over budget by $188,000 due to poor engineering estimates by the project engineer on the general construction contract of the project, and WHEREAS, it has been estimated that the entire project, post bid, will cost $772,000 for all specified project work, with current available project budget at $584,000, and July 2, 1997 10 WHEREAS, Common Council has reviewed the shortfall and recommends funding the deficit, and WHEREAS, Common Council considers the Southside Community Center as an important facility to the city for various youth programs and general community activities; now, therefore, be it RESOLVED, That Common Council hereby amends and expands Capital Project #347 Southside Center HVAC System by an amount not to exceed $188,000 for the purposes of funding the Southside Community Center Renovation and Expansion Project overrun, and be it further RESOLVED, That the total Southside Community Center Project shall be funded as follows: City of Ithaca Capital Project #347 $308,000 Capital Project #345 64,175 IURA CDBG 1995 Award 175,000 CDBG 1996 Award 225,000 $772,175 and be it further RESOLVED, That the $188,000 amendment will be derived from the issuance of Serial Bonds. Amending Resolution By Alderperson Marcham : Seconded By Alderperson Thorpe RESOLVED, That the second Whereas clause be amended to read as follows: “WHEREAS, the bids and related costs came in over budget by $188,000, and” Carried Unanimously Discussion followed on the floor with Paul Stevenson, Community Development Administrator, explaining why the bid items came in significantly higher than expected. Amendment to Amending Resolution By Alderperson Efroymson : Seconded by Alderperson Thorpe RESOLVED, that the second Whereas be amended to read as follows: “WHEREAS, the bids and related costs came in over the budget estimate of Sear-Brown, of Elmira, New York, by $188,000, and” Extensive discussion followed regarding the amendment. A vote on the amendment to the amending resolution resulted as follows: Ayes (8) Sams, Mackesey, Hanna, Gray, Thorpe Marcham, Blumenthal, Efroymson Nays (1) Shenk Carried Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously July 2, 1997 11 17.1 Common Council/DPW - Authorization of Sidewalks on Esty Street By Alderperson Shenk : Seconded by Alderperson Hanna WHEREAS, the Department of Public Works is considering placing sidewalks on Esty Street as part of the 1997 Sidewalk Project, and WHEREAS, DPW staff and the Budget and Administration Committee have reviewed the Esty Street sidewalk, and the B&A Committee recommends Esty Street sidewalks on the south side of the street only and that the north side sidewalks should be deferred to a future date, and WHEREAS, the Board of Public Works approved the amendment of an additional $36,000 to Capital Project #249 DPW Sidewalk Program 1997 for the purpose of including Esty Street sidewalks along with other scheduled repairs; now, therefore, be it RESOLVED, That Capital Project #249 DPW Sidewalk Program 1997 be amended by an added amount not to exceed $36,000 for a total 1997 DPW Sidewalk Program authorization of $111,000 for the purposes of including Esty Street sidewalks along with other scheduled sidewalk repairs for 1997, and be it further RESOLVED, That Common Council authorizes the Department of Public Works to include Esty Street sidewalks on the south side of the street only, and to defer the sidewalks on the north side of Esty Street to a future date, and be it further RESOLVED, That funds for the said $36,000 amendment will be derived from the issuance of Serial Bonds. Amending Resolution By Alderperson Thorpe : Seconded by Alderperson Gray RESOLVED, That the second Whereas clause, and second Resolved clause be amended as follows: “WHEREAS, DPW staff and the Budget and Administration Committee have reviewed the Esty Street Sidewalk Project, and” “RESOLVED, That Common Council authorizes the Department of Public Works to include Esty Street sidewalks, and be it further” Discussion followed on the floor regarding the process that the Board of Public Works, and Planning Board followed while investigating this issue. A vote on the amending resolution resulted as follows: Ayes (8) Sams, Shenk, Mackesey, Hanna, Gray, Thorpe, Marcham, Blumenthal Nays (1) Efroymson Carried Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) Sams, Shenk, Mackesey, Hanna, Gray, July 2, 1997 12 Thorpe, Marcham, Blumenthal Nays (1) Efroymson Carried RECESS: Common Council recessed at 9:05 P.M. RECONVENE: Common Council reconvened into regular session at 9:20 P.M. EXECUTIVE SESSION: By Alderperson Marcham : Seconded By Alderperson Shenk RESOLVED, That Common Council adjourn into executive session to discuss possible litigation, a personnel item, and a tax payment issue. Carried Unanimously RECONVENE: Common Council reconvened into regular session with no formal action being taken. 17.2 City Attorney - Request to Settle Claim By Alderperson Marcham : Seconded by Alderperson Efroymson RESOLVED, That an amount not to exceed $234 be transferred from Account A1990 Unrestricted Contingency to Account A1420-5430 Fees for the purpose of a settlement of claim. Carried Unanimously 17.3 DPW - Request to Establish Capital Project for Stewart Avenue/Cascadilla Creek Bridge Repair By Alderperson Marcham : Seconded by Alderperson Hanna WHEREAS, the Department of Public Works has received word from the New York State DOT that the Stewart Avenue bridge over Cascadilla Creek is in need of repair, and WHEREAS, the bridge repair has been estimated to cost $120,000 which will go out for bid in mid-July; now, therefore, be it RESOLVED, That Common Council hereby authorizes the establishment of Capital Project #348 Stewart Avenue Bridge Repair over Cascadilla Creek in an amount not to exceed $120,000 for the purpose of repairing said bridge, and be it further RESOLVED, That funds for said Bridge Project shall be derived from the issuance of Serial Bonds. Carried Unanimously 17.4 Finance/Chamberlain - Request to Authorize Tax Payment Plan By Alderperson Marcham : Seconded by Alderperson Shenk WHEREAS, City Charter provides that City tax sale liens be paid in reverse chronological order, and WHEREAS, Roseanne Vicheir-Guerre has requested an extension of the period to redeem 223 Willard Way from the 1994 City Tax Sale, now therefore be it RESOLVED, That Roseanne Vicheir-Guerre be allowed to pay the 1994 City Tax Sale lien, before the 1995 and 1996 tax sale liens, without affecting the order of payment or penalties of the 1995 and 1996 liens, in order to grant her the requested extension. July 2, 1997 13 Carried Unanimously 17.5 Finance/Chamberlain - Request to Adjust Tax Warrant By Alderperson Marcham : Seconded by Alderperson Shenk WHEREAS, the property owner of 1311 North Cayuga Street has requested an expungement of $241.80 in Water and Sewer bills, and WHEREAS, said bills were unpaid and added to the property owner's tax bill, and WHEREAS, upon review of the water and sewer bills by City staff, it has been determined that the bills should be expunged; now, therefore, be it RESOLVED, That Common Council agrees with City staff and correction to the 1997 tax warrant for the property owner of 1311 North Cayuga Street in the amount of $241.80, and be it further RESOLVED, That the property owner of 1311 North Cayuga Street is hereby allowed to make payment of taxes of $80.53 without penalty. Carried Unanimously 17.6 ESTABLISHMENT OF PERSONNEL ROSTERS By Alderperson Marcham : Seconded by Alderperson Thorpe RESOLVED, that effective July 3, 1997, the Personnel Rosters of the Department of Finance, Department of Personnel, and Department of the City Clerk shall be as follows: Department of Finance/Office of the City Controller 1 City Controller 1 Deputy City Controller 1 Administrative Secretary (40 hours) 1 City Buyer (32 hours) 1 Payroll Coordinator Department of Finance/Office of the City Chamberlain 1 City Chamberlain 1 Office Manager 2 Principal Account Clerks 2 Account Clerk-Typists 1 Account Clerk Department of Personnel 1 Director of Personnel 1 Deputy Director of Personnel (27 hours) 1 Personnel Administrator (to be eliminated when the Director of Personnel and Deputy Director of Personnel positions are filled) 1 Administrative Secretary 1 Senior Typist Department of the City Clerk 1 City Clerk 1 Deputy City Clerk July 2, 1997 14 1 Administrative Secretary and be it further RESOLVED, that $18,070 be transferred from Account A1430-5105 to Account A1315-5110, as related to the position of Payroll Coordinator. Carried Unanimously 17.7 Appointment of Police Chief By Alderperson Marcham : Seconded by Alderperson Thorpe RESOLVED, That Richard P. Basile is hereby appointed to the position of Police Chief of the City of Ithaca at an annual salary of $70,000 effective July 18, 1997. Carried Unanimously Common Council thanked Deputy Police Chief Barnes for his commitment, professionalism, and grace during the last 18 months. 17.8 Police Department - Request Authorization for Law Enforcement Block Grant Application and Funding Match By Alderperson Marcham : Seconded by Alderperson Sams WHEREAS, the City is eligible for $18,324 in federal funding under the Local Law Enforcement Block Grant Program established within the Bureau of Justice Assistance 1997 Omnibus Appropriations Act, and WHEREAS, the City’s eligible funding may be used for law enforcement purposes, including upgrading equipment resources, and WHEREAS, the Acting Police Chief and Department staff support the use of the grant funding to enhance the City’s Smart Trailer Program with the purchase of an additional computerized smart trailer and upgrading the existing trailer with an on-board computer, and WHEREAS, the City would be required to submit an application by July 11, 1997 and contribute $2,033 in matching funds to obtain the federal grant; now therefore be it RESOLVED, That the Mayor is hereby authorized to sign and submit an application for the U.S. Department of Justice Law Enforcement Block Grant for the purpose of enhancing the City’s Smart Trailer Program, and be it further RESOLVED, That an amount not to exceed $2,033 be transferred from A1990 Unrestricted Contingency to Account A3120-5435 Police Contractual for the purpose of funding necessary matching funds related to said grant and are contingent upon approval of said block grant. Carried Unanimously 17.9 Authorization to Expend Funds for Legal Fees By Alderperson Marcham : Seconded by Alderperson Shenk RESOLVED, That the expenditure of an amount not to exceed $10,000 is authorized to cover legal fees subject to a deductible under insurance coverage of the City, to be taken from unrestricted contingency. Carried Unanimously July 2, 1997 15 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 18.1 An Ordinance Amending Section 325-3.B. of Chapter 325 entitled “Specific Terms or Words” - definition of “Home Occupation”- Declaration of No Significant Environmental Impact By Alderperson Blumenthal : Seconded by Alderperson Gray WHEREAS, an Ordinance amending Section 325-3.B. of the City of Ithaca Municipal Code, regarding “Specific Terms or Words” - definition of “Home Occupation” 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 Common Council of the City of Ithaca 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 June 26, 1997, and be it further RESOLVED, That Common Council of the City of Ithaca 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 she is hereby 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 18.2 An Ordinance Amending Section 325-3.B. of Chapter 325 entitled “Specific Terms or Words” - definition of “Home Occupation” By Alderperson Blumenthal : Seconded by Alderperson Shenk 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 , Section 325-3.B entitled “Specific Terms or Words” which includes the definition of “Home Occupation;” is hereby amended as follows: HOME OCCUPATION: (1) A subordinate use of a nonresidential nature which is conducted within a dwelling unit or a building accessory thereto by a resident of the dwelling unit, who maintains the dwelling unit as his or her principal residence, which is clearly incidental and accessory or secondary to the use of the property for residential purposes and which meets the following additional conditions: (a) The occupation or activity is carried on wholly within the principal building or within a building or other structure accessory thereto. The purpose of the occupation or activity may July 2, 1997 16 be the administration or management of a business that has no impact on the surrounding neighborhood other than that permitted by the following criteria. (See the definition of "accessory building.") (b) Not more than two (2) persons who are not residents of the household are employed or participate in the occupation at the residence. (c) There are no exterior displays or signs, including those on vehicles parked outdoors, except as permitted under Chapter 272, Signs, of this Code. (d) No offensive odor, noise, vibration, smoke, dust, heat or glare is produced. (See § 325-23 of this chapter.) (e) The "home occupation" does not generate traffic in any greater volume than would normally be expected in the affected residential neighborhood, and any need for parking generated by the occupation is met, off the street and in accordance with the regulations of § 325-20 of this chapter. (f) The occupation occupies no more than twenty-five percent (25%) of the dwelling unit and no more than a total of five hundred (500) indoor square feet, including accessory structures. (g) There is no exterior storage of materials, nor in an R1 Zone more than a single marked or signed vehicle used by or advertising the occupation that is not stored in a building, and similarly no more than two (2) such vehicles in R2 Zones and in R3 and in all other zones no more than three (3) such vehicles; and there is no other exterior indication of the "home occupation" or variation from the residential character of the lot or of the surrounding neighborhood. (2) In particular, a "home occupation" includes but is not limited to the following: an art studio, dressmaking, teaching, telecommuting, conducting a computer based business and the professional office of a lawyer, engineer, architect, real estate broker or insurance agent within a dwelling unit which is his or her principal residence. "Home occupations" include the use of space in the home for business recordkeeping, storage of goods used or sold by the occupation or parking vehicles used in the occupation even if occupation primarily conducts business off premises. (3) The term home occupation shall not be construed to authorize retail uses in any residential zoning district. 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 18.3 ECONOMIC DEVELOPMENT PLAN PROPOSAL By Alderperson Blumenthal :Seconded by Alderperson Gray WHEREAS, the City’s General Plan was published in 1971, and WHEREAS, there have been several other studies on Ithaca’s economy in the intervening years, and WHEREAS, these studies have usually focused on geographic sub-areas within the City or subsectors within the city’s economy, and July 2, 1997 17 WHEREAS, there have been no recent comprehensive studies of the city’s economy as it exists within the larger context of all economic activities in Tompkins County, and WHEREAS, the City Government’s actions have an impact on the economic well being of the community, and WHEREAS, there is a consensus that the City government should be a partner in strengthening the local economy, and WHEREAS, the City government can best carry out its role in this partnership if it has a clear understanding of the strengths and weaknesses of the local economy, as well as the opportunities for growth and development which may be stimulated by local government action, and WHEREAS, it has been proposed that an Economic Development Plan be prepared by Planning Environmental Research Consultants (PERC), in cooperation with the City Planning & Development staff, now, therefore be it RESOLVED, That the Mayor is hereby authorized and directed to enter into a contract with Planning Environmental Research Consultants to perform an Economic Development Plan for the City for an amount not to exceed $8,750.00, plus a budget of up to $1,000 for reimbursable expenses, and, be it further, RESOLVED, That a budget up to $9,750 be transferred from the unrestricted contingency line #A1990 to the Planning and Development Department fees line #A8020 5435 for the consultant contract and reimbursable expenses associated with the preparation of the Economic Development Plan. Amending Resolution: By Alderperson Blumenthal : Seconded by Alderperson Thorpe RESOLVED, That a Whereas be added after the sixth Whereas clause to read as follows: “WHEREAS, the County government is presently undertaking a strategic economic development plan for Tompkins County, which affords an opportunity for the City to coordinate its long term economic development planning with the county, and” Carried Unanimously Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 18.4 WATERFRONT PLAN - REPORT Alderperson Blumenthal distributed a copy of the resolution that the County has adopted regarding the Waterfront Plan. Further discussion of this issue will be held at the next Planning and Economic Development Committee Meeting. 18.5 SALE OF TAUGHANNOCK BOULEVARD RIGHT-OF-WAY - REPORT Alderperson Blumenthal reported that a limited scope of appraisal will be prepared regarding the sale of the Taughannock Blvd. right-of-way. 18.6 NORTHSIDE DESIGN STUDY - REPORT July 2, 1997 18 Alderperson Blumenthal stated that the Northside Design Study will be considered at the next Planning and Economic Development Committee Meeting for final adoption. COMMUNITY ISSUES COMMITTEE: 19.1 An Ordinance Amending Section 17-1 of the City Code of Ithaca, Regarding the Cable Commission By Alderperson Sams : Seconded by Alderperson Blumenthal ORDINANCE 97- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City Code of Ithaca Section 17-1 entitled “Committee renamed and continued; membership” is hereby amended as follows: “Cable Commission membership; residency requirements” (A) The Cable Commission shall have seven (7) voting members who shall serve five year terms, except as otherwise provided herein. Voting members shall be appointed by the Mayor with approval of Common Council. Present members of the Cable Commission shall continue as members of the Cable Commission through the balance of their current terms. Within thirty (30) days of the effective date of this ordinance the three then existing vacancies shall be filled. The terms of the three newly appointed voting members shall expire 12/31/2000, 12/31/2001 and 12/31/2001, respectively. One (1) member of the Common Council, appointed in the same manner, shall serve as a nonvoting member of the Cable Commission. At least four voting members of the Cable Commission must be residents of the City of Ithaca. All voting members of Cable Commission must be residents of areas of Tompkins County served by the cable system. Carried Unanimously 19.2 An Ordinance Amending 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 WHEREAS, Common Council has also stated its desire to increase the number of under-represented minorities and women throughout the City work force, and WHEREAS, Common Council believes that using a City list as the default method for hiring helps to reinforce the aforementioned objectives, and WHEREAS, nothing in this Ordinance restricts any Department Head from hiring outside of the City in situations for which the Department Head feels it is beneficial to do so; now, therefore, be it ORDINANCE 97 - ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: July 2, 1997 19 Section 1. Chapter 90, Article X, Section 90-67 Entitled “Residency Requirements” is hereby amended with the addition of subsections 3 and 4 as follows: 3. For all eligible lists established on or after June 4, 1997, the Personnel Administrator shall provide preference in certification to City residents; provided, however, that the Personnel Administrator may waive this requirement upon written request from a Department Head. 4. For all City positions that are not filled through an eligible list, preference in consideration shall be given to City residents. Amending Resolution By Alderperson Efroymson : Seconded by Alderperson Hanna RESOLVED, That the date in Section 1.3 be changed from June 4, 1997 to August 1, 1997. Carried Unanimously Amending Resolution By Alderperson Thorpe : Seconded by Alderperson Mackesey RESOLVED, That the second Whereas read as follows: “WHEREAS, Common Council has also stated its desire to increase the number of under-represented minorities throughout the City work force, and” Carried Unanimously Amending Resolution By Alderperson Efroymson : Seconded by Alderperson Hanna RESOLVED, that Section 1.3 be amended to read as follows: “For all eligible lists established on or after August 1, 1997, the Personnel Administrator shall provide preference in certification to City residents; provided, however, that the Personnel Administrator shall waive this requirement upon written request from a Department Head.” Discussion followed on the floor regarding the roll of the Personnel Administrator. Mayor Cohen spoke in opposition to the amending resolution. Amending Resolution By Alderperson Thorpe : Seconded by Alderperson Shenk RESOLVED, That Section 1.3 be amended to read as follows: That for all eligible lists established on or after August 1, 1997, the Personnel Administrator shall provide preference in certification to City residents; provided, however, the Personnel Administrator may waive this requirement upon written request from a Department Head or shall refer the request to the Affirmative Action Committee which shall decide whether or not to waive the requirement. Discussion followed on the floor with Alderperson Shenk speaking in opposition to the amendment. She stated that adding another step to the hiring process would become too cumbersome. City Attorney Geldenhuys suggested department head input be solicited before this Ordinance is considered. Motion To Table: July 2, 1997 20 By Alderperson Blumenthal : Seconded by Alderperson Mackesey RESOLVED, That this item be tabled pending further discussion. Ayes (8) Blumenthal, Gray, Mackesey, Sams, Marcham, Shenk, Thorpe, Hanna Nays (1) Efroymson Carried 19.3 RESOLUTION REGARDING PROGRESS ON CITY CORNELL WORKING GROUP By Alderperson Sams : Seconded by Alderperson Blumenthal WHEREAS, the City established a City-Cornell Working Group to help move forward on a number of issue WHEREAS, this group has been meeting for over two years, and WHEREAS, progress on issues already identified by Common Council would greatly benefit City resident, and WHEREAS, Common Council desires to be kept regularly informed on the progress of issues it has identified, now therefore be it RESOLVED, that the City-Cornell Working Group report at least quarterly to Common Council’s Community Issues Committee beginning at its August meeting, and be it further RESOLVED, that at its July meeting, the Community Issues Committee will discuss the priorities for the City-Cornell Working Group. Carried Unanimously 19.5 Resolution Endorsing the Re-Creation Of An Access Advisory Board by the City Cable Commission WHEREAS, the Ithaca City Cable Commission must deal substantively with a considerable variety of issues; and WHEREAS, issues involving Access have regularly consumed a disproportionate amount of Commission time and attention; and WHEREAS, the need for a structure of one or more bodies to deal with access issues was formerly recognized and established; and WHEREAS, this former structure, for various reasons, did not prove fully viable as evidenced by the collapse of the Public Access Board; and WHEREAS, the Commission resolved in January that “a body with significant authority” should be created to deal with access issues; now, therefore be it RESOLVED, That Common Council endorses and supports the creation of an Access Advisory Board (AAB) by the City Cable Commission as follows: 1. The AAB shall have seven members and shall meet at least monthly. A quorum shall be four. 2. The members shall be appointed to terms of 2 years. 3. The members shall be appointed by the Commission with approval of Common Council. 4. Members shall be sworn by the City Clerk to the same requirements as are members of the Cable Commission. July 2, 1997 21 5. A chair and vice-chair shall be elected by the members at the first meeting each calendar year, chosen from the voting members. 6. At least two members shall be residents of the City, but in a spirit of collaboration with other communities, up to five members may be residents of other communities served by the system. At least one member, but not more than two members, should be on the City Cable Commission. At least one member, but not more than two members, should be on the Tompkins County Inter-Municipal Cable Commission. 7. The Cable Operator shall be requested to provide a non-voting ex-officio member. 8. The AAB shall made final determinations on all matters of normal access operations, Access policy, settlement of disputes among producers, coordination with governmental and educational access communities of recommendations provided to Time Warner for spending the Access Capital budget, distribution of equipment, and other matters. However, in the following areas, recommendations and any other input from the AAB is desirable, but The Commission shall have the right of action or review and determination or recommendation to Common Council, as appropriate: (i) Access provisions in a new franchise (ii) Creation of a not-for-profit entity to operate access (iii) Allocation of additional channel capacity The AAB shall coordinate with governmental and educational access communities, generally. The AAB shall consider the creation of a not-for-profit entity for operation of PEG Access, and this AAB shall cease to exist if such an entity comes into existence. 9. The Commission shall seek members for the AAB who are knowledgeable about access issues. The Commission shall also seek members for the AAB who will represent points of view in addition to those of access producers such as the needs and desires of non-profit organizations or of cable subscribers generally. This item was removed from the agenda pending further review by the City Attorney’s Office. REPORT OF COUNCIL LIAISONS: Alderperson Efroymson requested that Council discuss the Mayor’s Budget Guidelines at the next Community Issues Meeting. ADJOURNMENT: On a motion the meeting adjourned at 11:20 _________________________ _________________________ Julie Conley Holcomb, CMC Alan J. Cohen City Clerk Mayor