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HomeMy WebLinkAboutMN-CC-1998-05-06 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. May 6, 1998 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Gray Manos, Farrell, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys City Controller – Cafferillo Deputy Controller – Thayer Building Commissioner – Eckstrom Planning and Development Director – Van Cort Superintendent of Public Works – Gray Fire Chief – Wilbur Community Development Planner – Bohn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Blumenthal requested the deletion of Item 17.9 – Brownfields Report. Alderperson Blumenthal stated she has a substitute resolution for Item 17.1 – Southwest Area Land Use Study – Determination of Environmental Significance. Alderperson Marcham requested the deletion of Item 18.2 – Direction to BPW on Residential Parking Permit System Fee Structure, and the addition of Item 18.16 – Executive Session – Personnel Item. Mayor Cohen stated that under New Business he will be reporting on the City Prosecutor’s Office. No Council member objected. SPECIAL ORDER OF BUSINES: 2.1 Southwest Area Land Use Study – Public Hearing By Alderperson Manos : Seconded by Alderperson Taylor RESOLVED, That the Public Hearing on the Southwest Area Land use Study be declared open. Carried Unanimously Alderperson Blumenthal clarified that the Southwest Area Land Use Study addendum has been modified since the previous public comment sessions; the right-of-way for the east/west connector road terminates at the Flood Control Channel and will not connect to West Hill. The City’s study will only include land situated within the City of Ithaca. Mayor Cohen set the ground rules for all public speakers. The following people spoke in favor of the Southwest Area Land Use Study as proposed: Linda Daybell – Tompkins County Chamber of Commerce Renata Ballard, City of Ithaca Robert Lama, City of Ithaca May 6, 1998 Richard Charsky, Town of Ithaca Mick LoPinto, City of Ithaca Herman Sieverding, City of Ithaca Joel Harlan, Town of Dryden The following people spoke in opposition to the recommendation in the Southwest Area Land Use Study which proposes changes in Southwest Park use from mixed use to commercial use only: Doria Higgins, Town of Ithaca Ed Franquemont, City of Ithaca Daniel Hoffman, City of Ithaca Margot Brinn, City of Ithaca Dan Klein, Town of Danby Diane Olden, Town of Danby Ivette Puerta, Town of Ithaca Tom Kavectner, Town of Enfield Guy Gerard, City of Ithaca The following people addressed additional concerns related to the Southwest Area Land Use Study such as increased traffic flows, impact on surrounding neighborhoods, the need for development, lack of public notification and information, and the fast pace that has been established in approving this study: Will Burbank, Town of Ithaca Nancy Pringle, City of Ithaca Neil Oolie, City of Ithaca Fay Gougakis, City of Ithaca Marty Blodgett, City of Ithaca Tony Delplato, Town of Ithaca Resolution to Close Public Hearing By Alderperson Blumenthal : Seconded by Alderperson Farrell RESOLVED, That the Public Hearing on the Southwest Area Land Use Plan be declared closed. Carried Unanimously 2.2 An Ordinance Amending Sections 325-3B and 325-2- C (1) (j) of Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Regulating Parking on Private Property – Public Hearing Resolution to Open Public Hearing By Alderperson Gray : Seconded by Alderperson Spielholz RESOLVED, That the Public Hearing to consider an Ordinance Amending Sections 325-3B and 325-2- C (1) (j) of Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Regulating Parking on Private Property be declared open. Carried Unanimously No one appeared to speak. Resolution to Close Public Hearing By Alderperson Vaughan : Seconded by Alderperson Farrell RESOLVED, That the Ordinance Amending Sections 325-3B and 325-2- C (1) (j) of Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Regulating Parking on Private Property be declared closed. Carried Unanimously May 6, 1998 2.3 An Ordinance Amending Chapter 290 Entitled “Subdivision of Land” of the City of Ithaca Municipal Code – Public Hearing Resolution to Open Public Hearing By Alderperson Spielholz : Seconded by Alderperson Marcham RESOLVED, That the Public Hearing to consider an Ordinance Amending Chapter 290 Entitled “Subdivision of Land” of the City of Ithaca Municipal Code be declared open. Carried Unanimously No one appeared to speak. Resolution to Close Public Hearing By Alderperson Manos : Seconded by Alderperson Marcham RESOLVED, That the Public Hearing to consider an Ordinance Amending Chapter 290 Entitled “Subdivision of Land” of the City of Ithaca Municipal Code be declared closed. Carried Unanimously 2.4 Zoning Amendment MH1-B5 – Public Hearing Resolution to Open Public Hearing By Alderperson Vaughan : Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing on the Zoning Amendment MH1 - B5 be declared open. Carried Unanimously No one appeared to speak. Resolution to Close Public Hearing By Alderperson Manos : Seconded by Alderperson Vaughan RESOLVED, That the Public Hearing on the Zoning Amendment MH1 - B5 be declared closed. Carried Unanimously YOUTH AWARD: Alderpersons Blumenthal and Vaughan presented the Youth Award to Michelle Gonzalez, a fourth grader at the Belle Sherman School. Michelle is the only child volunteer in the local Read- About Program and has been reading in this capacity since February 1997. She currently reads weekly to a first grade class at Belle Sherman, at the Southside Community Center, and at the Courtside Racquet Club. This summer she will read every week at the Tuesday Farmer’s Market in DeWitt Park. Michelle has been heavily involved in other reading activities which greatly enrich the Ithaca community. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Steven Ehrhardt, City of Ithaca, Board of Public Works Traffic Committee, thanked the IURA for not selling 402 Cayuga Street, and urged Council to approve a capital project to reduce traffic crises in neighborhoods. John Beach, City of Ithaca, spoke regarding increased traffic volume in the South Albany Street area, and in favor of retaining the property at 402 S. Cayuga Street. Theresa Alt, Wayles Browne, Thomas Beers, City of Ithaca, spoke in opposition to the proposed Residential Parking Permit System. Mai Jesperson, City of Ithaca, spoke regarding the need for bike lanes in the City. May 6, 1998 Guy Gerard, City of Ithaca, questioned the number of unanimous votes of Council on several issues without lengthy discussion. Keith McNeil, City of Ithaca, spoke in opposition to the Mecklenburg Housing Project and the negligence of City staff in protecting the interests of West Hill residents. Ernest Blake, Town of Ithaca, addressed Council to suggest ways of using the vacant space on the Commons, he also spoke in support of Inlet Island development, and suggested using large parking lots for vehicles during snow emergencies. Neil Oolie, City of Ithaca, requested that Council find an additional site for public hearings when a large crowd is expected, and spoke in opposition of speaking time limits. Fay Goughakis, City of Ithaca, spoke regarding potholes in the streets, traffic on Aurora Street and the West End, the Ithaca Police Department, Lake Source Cooling, Inlet Island and Southwest Park. RESPONSE TO THE PUBLIC: Alderperson Blumenthal responded to comments by Dan Klein regarding the Planning Board, and Marty Blodgett regarding traffic on Spencer Road and South Albany Street traffic mitigation. Alderperson Gray responded to comments by Guy Gerard regarding the Planning Committee’s vote. Alderperson Shenk responded to John Beach’s comments regarding South Albany Street traffic. Alderperson Vaughan responded to comments regarding the Residential Parking Permit Plan. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Blumenthal reported that a Public Information Session on the proposed West End Urban Design Plan will be held May 18, 1998 at 7:30 pm in Council Chambers. Alderperson Shenk read a letter of support regarding a TCAT Board Appointment for a non-voting member. 11.1 Appointments to the City of Ithaca Board of Assessment Review By Alderperson Sams : Seconded by Alderperson Blumenthal RESOLVED, That Alderperson Farrell and Mayor Cohen be appointed to serve on the City of Ithaca Board of Assessment Review for 1998. Carried Unanimously REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Vice-Chair Ehrhardt reported on the following matters: The Board approved the Ithaca Festival Contract, and authorized the Superintendent to handle future Ithaca Festival contracts administratively. May 6, 1998 The Board approved a request for the Boy Scouts to use DeWitt Park for four hours on May 9, 1998. The Board further requested that the Mayor and Superintendent contact the Presbyterian Church to clarify the agreement between the City and the church. The Board approved the installation of parking barriers on Eddy Street near the Buffalo Street intersection to maintain visibility at that intersection. Conservation Advisory Council Guy Gerard noted that the Conservation Advisory Council was not given enough time to comment on the Amendment to the Subdivision Ordinance that is scheduled for consideration tonight. He requested that the Conservation Advisory Council be given additional notice in the future to comment on such issues. REPORT OF THE CITY ATTORNEY: City Attorney Geldenhuys reported on an Article 78 Proceeding filed by Ching Po regarding property at 317 Dryden Road, relating to occupancy issues. This matter is scheduled to go to court in June. The City has been served another lawsuit in the Storrs vs. City Clerk case regarding the issuance of marriage licenses to same sex couples. The Department of Health has been named as a party in this action. RECESS: Common Council recessed at 9:10 P.M. RECONVENE: Common Council reconvened into regular session at 9:20 P.M. 16. CONSENT AGENDA ITEMS: Budget and Administration Committee: 16.1 Police Department - Request to Amend Personnel Roster for Senior Typist By Alderperson Gray : Seconded by Alderperson Sams WHEREAS, the Police Chief is recommending that a Senior Typist position be established for the promotion of a department typist to reflect the employee's qualifications and actual duties; now, therefore, be it RESOLVED, That the 1998 Authorized Police Department Personnel Roster be amended as follows: Add: One (1) Senior Typist (40 hours) Delete: One (1) Typist (40 hours) and be it further RESOLVED, That the Senior Typist position be established at a 1998 annual salary of $16,994, that being Grade 7 of the 1998 CSEA Administrative Unit, and be it further RESOLVED, That Audrey Fields be appointed to said Senior Typist position, effective May 2, 1998, and be it further May 6, 1998 RESOLVED, That the funds needed for said promotion shall be derived from the existing 1998 Police Department Budget. Carried Unanimously 16.2 DPW - Water and Sewer Division - Amendment of Personnel Roster By Alderperson Gray : Seconded by Alderperson Sams RESOLVED, That the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended as follows: Add: One (1) Water Quality Analyst (Grade 12) Delete: One (1) Laboratory Technician (Grade 7) and be it further RESOLVED, That the position of Water Quality Analyst be assigned to the CSEA Administrative Unit at salary grade 12. Carried Unanimously 16.3 Chamberlain - Request to Approve Correction to 1998 City Tax Roll By Alderperson Gray : Seconded by Alderperson Sams WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the Director of Assessment has investigated an application for the correction of an error in essential fact filed by Steven Hertzberg, and WHEREAS, the investigation revealed that, due to a split, the parcel identified as Elm Street, tax map number 76.-1-2.2, no longer exists as one parcel; now, therefore, be it RESOLVED, That the 1998 Tax Roll for the City of Ithaca be amended to delete the parcel identified as map number 76.-1-2.2, and be it further RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate refund and changes. Carried Unanimously 16.4 Chamberlain - Request Salary Adjustments for Acting Chamberlain By Alderperson Gray : Seconded by Alderperson Sams WHEREAS, City Chamberlain Debra Parsons will be on vacation for a period of 8 weeks, from June 12 through August 9; now, therefore, be it RESOLVED, That Joyce Day, currently the Office Manager in the Chamberlain's Office, be temporarily appointed to the position of Deputy City Chamberlain for a period of eight (8) weeks, at an annual salary of $42,483, which represents an increase of 8%, and is consistent with out-of-title provisions of the current CSEA Administrative Unit Contract, and be it further RESOLVED, That funds necessary for said temporary amendment shall be derived within the existing 1998 Chamberlain Budget. Carried Unanimously May 6, 1998 16.5 Youth Bureau - Request to Amend 1998 Youth Bureau Budget By Alderperson Gray : Seconded by Alderperson Sams WHEREAS, the Ithaca United Soccer League wants to contract with the City in 1998 to provide field maintenance/lining and set up for the soccer fields at Cass Park; now, therefore, be it RESOLVED, That the 1998 Youth Bureau Budget be amended as follows: Increase Revenue Account: A7310-2410-1517 Rental of Real Property $2,703 Increase Appropriation Accounts: A7310-5120-1517 Hourly P/T 1,550 A7310-5483-1517 Construction Supply 1,024 A7310-9030-1517 Social Security 129 Carried Unanimously 16.6 Youth Bureau - Request Temporary Amendment to Personnel Roster By Alderperson Gray : Seconded by Alderperson Sams WHEREAS, Common Council approved, at its November, 1997 meeting, a partial leave of absence for a Youth Employment Service Youth Worker to May, 1998, and WHEREAS, the employee has requested an extension to December 31, 1998, which will not significantly impact the Youth Bureau staff levels; now, therefore, be it RESOLVED, That based on a request initiated by the employee involved, the 1998 Authorized Youth Bureau Personnel Roster is hereby temporarily amended by reducing the full-time position of Youth Worker (YES Program) from 35 hours to 28 hours per week from May 1, 1998 to December 31, 1998. Carried Unanimously 16.7 Youth Bureau - Request to Amend 1998 Youth Development Budget By Alderperson Gray : Seconded by Alderperson Sams WHEREAS, as a result of a voluntary reduction in hours through the end of 1998, the need to shift salary funds within accounts is needed; now, therefore, be it RESOLVED, That the 1998 Youth Development Budget be amended as follows: Increase Appropriation Account: A7310-5120-1202 Hourly P/T $2,958.00 Decrease Appropriation Account: A7310-5110-1202 Staff Salary $2,958.00 Carried Unanimously May 6, 1998 REGULAR AGENDA ITEMS: Planning and Economic Development Committee: 17.1 Southwest Area Land Use Study – Determination of Environmental Significance By Alderperson Blumenthal : Seconded by Alderperson Gray WHEREAS, in January 1992, Common Council passed a resolution directing the Mayor and Common Council to establish the Southwest Park Land Use Study Committee with the charge of the Committee to recommend to Common Council a preliminary land use plan for Southwest Park, and WHEREAS, the Committee, formed in February 1992, extended its charge to include all that part of the City lying south of Clinton Street, bounded on the west by the Flood Control Channel and the City line, and on the east and south by Meadow Street and Elmira Road, and WHEREAS, the Committee correspondingly changed its name to the Southwest Area Land Use Committee, and completed the Southwest Area Land Use Study in September, 1994, and WHEREAS, in response to new information gathered since the 1994 Study was published, an addendum was prepared to update the report and reflect the new information, and WHEREAS, this Common Council has reviewed the Addendum, has recommended revisions, and accepts the Addendum dated May 6, 1998, with those revisions as part of the Southwest Area Land Use Study, and WHEREAS, this Common Council, in considering adoption of the Southwest Area Land Use Study as part of the City’s Comprehensive Plan, recommends that the name of the Southwest Area Land Use Study be changed to the Southwest Area Land Use Plan, and WHEREAS, the action necessary to adopt the Southwest Area Land Use Plan is a Type I Action under both the City Environmental Quality Review Ordinance (CEQRO) and the State Environmental Quality Review Act (SEQRA); and a Long Environmental Assessment Form including Parts I, II, and III has been completed and reviewed by appropriate City staff and agencies, and WHEREAS, potentially large environmental impacts, in the areas of impact on land, impact on visual resources, impacts on drainage, impacts on air quality, and impacts on traffic, have been identified through this process, and WHEREAS, the City of Ithaca Conservation Advisory Council has recommended a positive declaration of adverse environmental impacts and has further recommended that a Generic Environmental Impact Statement be prepared, now therefore be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Long Environmental Assessment Form Parts I, II, and III, and be it further May 6, 1998 RESOLVED, that this Common Council, as lead agency, hereby determines that the proposed action may have one or more significant environmental impacts, that a Positive Declaration of Environment Impact be issued, and that a Generic Environmental Impact Statement be prepared, and be it further RESOLVED, that this resolution constitutes notice of this Positive Declaration of Environmental Significance and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Alderperson Blumenthal noted that as a result of numerous public comments from a public information session and two public hearings an expanded addendum to the Southwest Area Land Use Study has been prepared which includes the revisions to the east/west connector road, how increased traffic flows may be addressed, and the aesthetic impacts on the area. She further discussed the issues regarding conducting the GEIS. Alderperson Blumenthal explained that Common Council will be the lead agency in this project. An RFQ (Request for Qualifications) will be completed to hire a consultant to conduct the scoping document. A capital project will be needed to fund the study, but the costs will be recouped through future development. Extensive discussion followed on the floor regarding proposed amendments to the May 6, 1998 addendum, the make-up of the Urban Design Study Group, and the opportunities available for public input throughout the process. A vote on the Resolution resulted as follows: Carried Unanimously 17.1A Planning Department – Southwest Area Land Use Plan By Alderperson Blumenthal : Seconded by Alderperson Vaughan RESOLVED, That Common Council hereby establishes Capital Project #367 Southwest Area Land Use Planning and Environmental Statements in an amount not to exceed $12,000 for the purposes of funding costs associated with the Southwest Area Land Use Plan including planning and environmental statements, and be it further RESOLVED, That said funds shall be advanced from the General Fund and repaid upon final cost determination of the Southwest Area Land Use Environmental Impact Statement by the issuance of Serial Bonds, and be it further RESOLVED, That the Mayor is authorized to sign contract. Carried Unanimously May 6, 1998 17.2 Residential Parking Permit System – Determination of Environmental Significance - Resolution By Alderperson Blumenthal: Seconded by Alderperson Gray WHEREAS, the City of Ithaca is proposing the adoption of an ordinance establishing a Resident Parking Permit System pursuant to New York State Vehicle and Traffic Law Section 1640-e, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, the proposed action is an unlisted action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, that the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF, submitted by the applicant, dated 4/14/98, prepared by the City of Ithaca Planning Staff, and supplemental information, and has determined that the proposed ordinance adoption will not have a significant effect on the environmental; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Short Environmental Assessment Form, and, be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and, be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously 17.3 An Ordinance Adding a New Chapter to the City of Ithaca Municipal Code Entitled “Residential Parking Permit System” By Alderperson Blumenthal : Seconded by Alderperson Vaughan AN ORDINANCE ADDING A NEW CHAPTER _____ TO THE MUNICIPAL CODE OF THE CITY OF ITHACA, ENTITLED ARESIDENTIAL PARKING PERMIT SYSTEM. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: That a new Chapter to be known and designated as Chapter ___ entitled RESIDENTIAL PARKING PERMIT SYSTEM is hereby added to the City of Ithaca Municipal Code to read as follows: Section 1. Declaration of Legislative Findings and Purpose The Common Council finds that: (a) There has been a lack of parking for residents of the neighborhoods surrounding Cornell University in the City of Ithaca. (b) The streets in residential areas have been used for daily long-term parking by commuters to Cornell University. May 6, 1998 (c) A study of existing parking demand and zoning ordinance parking requirements showed that a substantial number of commuters park in the residential neighborhoods surrounding Cornell University every day. (d) The use of streets in the residential neighborhoods for commuter parking has resulted in noise, air pollution, litter, traffic congestion, traffic hazards, and hazards to residents and other pedestrians, and severely diminishes the amount of parking space available to residents of the residential neighborhoods. (e) The establishment of a residential parking permit system in the neighborhoods surrounding Cornell University is necessary in order to preserve the character of the neighborhoods by reducing neighborhood noise, litter and air pollution; improving access to dwelling units and parking for residents; improving the efficiency of city services such as street maintenance, snow plowing, street-sweeping, garbage collection and the movement of emergency vehicles; and reducing hazardous traffic conditions and congestion in order to provide for the health, safety, peace, good order and comfort of the residents of the neighborhood. (f) This residential parking permit system is adopted pursuant to section 1640-e of the Vehicle and Traffic Law. Section 2. Definition of terms. For the purposes of this chapter, the following definitions of terms shall be controlling: (a) Commuter: A person who does not live in the residential parking permit area, but parks in the area and whose destination is outside the area. (b) Resident: A homeowner or tenant residing in a dwelling unit in the residential parking permit area in the R-1a, R-1b, R-2a, or R-2b zones of the City of Ithaca as established in section 325-4 of the Municipal Code of the City of Ithaca. (c) Residential parking permit zone: The area bounded by the following roadways and corporate boundaries: (i) East State Street from Cornell Street to Giles Street; (ii) Giles Street to Water Street; (iii) Water Street to East State Street; (iv) East State Street from Water Street to Seneca Way; (v) Seneca Way from East State Street to East Seneca Street; (vi) East Seneca Street from Seneca Way to Parker Street; (vii) Parker Street to Terrace Place; (viii) Terrace Place to Linn Street; (ix) Linn Street from East Court Street to University Avenue; (x) University Avenue from Linn Street to Willard Way; (xi) Willard Way from University Avenue to Stewart Avenue; (xii) Stewart Avenue from Willard Way to the corporate boundary between the City of Ithaca and the village of Cayuga Heights; (xiii) following the corporate boundary between the City of Ithaca and the village of Cayuga Heights east May 6, 1998 to the corporate boundary between the City of Ithaca and the town of Ithaca; (xiv) following the corporate boundary between the City of Ithaca and the town of Ithaca south to East State Street; and (xv) East State Street from the corporate boundary to Giles Street; and consisting of the following roadways: (i) Treva Avenue west of Water Street; (ii) Valentine Place south of East State Street; (iii) Quarry Street south of East State Street; (iv) Ferris Place south of East State Street; (v) Linn Street north of Terrace Place to Farm Street; (vi) Lake Street north of University Avenue to the north property line of tax map parcel 28-4-7; and (vii) Willard Way and Willard Way Loop north of University Avenue. (d) Residential parking permit area: A sub-area of the residential parking permit zone. Only the portions of the area which are zoned as R-1 and R-2 districts (as established by Article II of Chapter 325 of the Municipal Code of the City of Ithaca) will be included in the area. (e) Employee: An employee of the Belle Sherman Elementary School. Section 3. (a) The Board of Public Works of the City of Ithaca may designate residential parking permit areas in accordance with this Chapter. Such areas shall be designated only within the residential parking permit zone, and shall exclude any streets located within the boundaries of the Cornell University Campus. (b)The Board of Public Works shall establish rules and regulations for the designation of residential parking permit areas and the issuance and use of residential parking permits and employee parking permits. (c) Permit requirements established pursuant to this section shall be in effect during all or a portion of the following times: From Monday to Friday between 9:00 a.m. and 5:00 p.m. (d) No less than twenty percent of the parking spaces within the resident parking permit zone shall be available to nonresidents. (e) Short term parking of no less than one hundred and twenty minutes in duration shall be available in the residential parking permit zone. (f) The fee for a residential parking permit or an employee parking permit shall be $45.00 per year. All such fees shall be credited to the general fund of the city. Section 4. Exemptions. (a) Motor vehicles registered pursuant to section 404-a of the Vehicle and Traffic law shall be exempt from any permit requirement establish pursuant to this Chapter. (b) A resident may apply to the Building Commissioner of the City of Ithaca for a permit not otherwise available pursuant to the rules and regulations established by the Board of Public Works in the following circumstances: May 6, 1998 1. Where a home health care provider provides home health care to a resident and regularly drives to the residents home. 2. Where a resident has a short-term health emergency. 3. Where residents living on street without on-street parking wish to purchase a permit for on-street parking on a street where permits are required. 4. Such other instances of hardship (excluding self- created hardship) as the building commissioner in his discretion determines sufficient for issuance of additional residential parking permits. Section 5. Violations and Penalties. (a) No person shall park a vehicle nor allow a vehicle to be parked in an area which has been designated a residential parking permit area by the Board of Public Works, and at times when parking is prohibited in such residential parking permit area pursuant to regulations established by the Board of Public Works, unless the vehicle shall have affixed to the bottom rear corner of the passenger window on the drivers side of the vehicle a valid residential parking permit or employee parking permit, or unless said vehicle is registered in accordance with section 404-a of the Vehicle and Traffic Law and the vehicle is being used for the transportation of a disabled person. Violation of this section shall be punishable by a fine of $15.0 (fifteen dollars.) (b) No resident of a residential parking permit area designated by the Board of Public Works shall permit a non- resident to use a residential parking permit issued to a resident, or aid a non-resident in any way in obtaining a resident parking permit. Violation of the terms of this section shall be punishable by a fine not to exceed $250.00 and/or suspension of residential parking permit privileges for a period not to exceed twelve (12) months. Section 5. Effective Date This Chapter shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Blumenthal noted that many comments were made at the Public Hearing regarding the $45. Permit fee and proposed the following Amendment: Amending Resolution By Alderperson Blumenthal : Seconded by Alderperson Sams RESOLVED, That the fee for a Residential Parking Permit be established at $25.00. Discussion followed on the floor regarding the implementation costs of the program including signage, permits and administration. Amendment to the Amending Resolution By Mayor Cohen : Seconded by Alderperson Vaughan RESOLVED, That the fee for a Residential Parking Permit be a $45.00 initial fee and a $20.00 per year renewal fee. May 6, 1998 Further discussion followed on the floor with Alderperson Farrell and Gray speaking in opposition to the Amendment as it is unclear how many neighborhoods will join the system initially, so making funding decisions for future years is difficult. Mayor Cohen, with the approval of Alderperson Vaughan, withdrew the Amendment to the Amending Resolution. A vote on the original Amending Resolution resulted as follows: Ayes (3) Spielholz, Sams, Blumenthal Nays (7) Vaughan, Farrell, Manos, Shenk, Gray, Marcham, Taylor Motion Failed Main Motion A vote on the Main Motion resulted as follows: Ayes (9) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Marcham, Spielholz, Gray Nays (1) Taylor Carried 17.4 An Ordinance Amending Sections 325-3B and 325-20 C(1) (j) of Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Regulating Parking on Private Property – Declaration of No Significant Environmental Impact By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, an Ordinance amending section 325-3.B. and “Definitions," and adding subsection 325-20.C.(1)(j)to the “General Requirements” of the Off-street Parking regulations of Chapter 325 of the City of Ithaca Municipal Code 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 March 27, 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 May 6, 1998 attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously 17.5 An Ordinance Amending Section 325-3B and 325-20 C(1) (j) of Chapter 325 of the city of Ithaca Municipal Code Entitled “Zoning” Regulating Parking on Private Property By Alderperson Blumenthal: Seconded by Alderperson Taylor BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Zoning Ordinance Section 325-3.B. is hereby amended to add a definition of "parking" as follows: PARKING - the act of stopping a motor vehicle to leave on a public way or in a parking space, parking area, or parking lot. Section 2. The City of Ithaca Zoning Ordinance is hereby amended to add subsection 325-20.C.(1)(j) as follows: 325.20.C.(1)(j) Parking. All parking must occur in approved parking spaces, parking areas or parking lots meeting the general standards for all off-street parking areas in section 325-20.C.(1). Parking is specifically not permitted on lawns or other spaces not developed as a parking space. Section 3. 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 17.6 Subdivision Regulations – Determination of Environmental Significance - Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, an Ordinance amending Article I entitled “General Provisions” and Article II entitled “Plat Approval procedure” of Chapter 290 entitled "Subdivision of Land" of the City of Ithaca Municipal Code, has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the City Environmental Quality Review Ordinance, 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 set forth on the Short Environmental Assessment Form dated May 1, 1998, 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 May 6, 1998 significant effect on the environment, and that further environmental review is unnecessary, 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. Motion to Table By Alderperson Manos: Seconded by Alderperson Gray RESOLVED, That this item be tabled so that the Conservation Advisory Council has time to review the ordinance. Carried Unanimously 17.7 An Ordinance Amending Chapter 290 Entitled “Subdivision of Land” of the City of Ithaca Municipal Code This item was withdrawn from the agenda pending comments from the Conservation Advisory Board. 17.8 Request for IURA to Table Disposition of 402 South Cayuga Street – Resolution By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, the City had acquired an abandoned tax delinquent, fire damaged apartment house property located at 402 S. Cayuga Street that is a blighting influence on the neighborhood in which it is located, and WHEREAS, at its February 4, 1998 meeting the Common Council authorized conveyance of the 402 S. Cayuga Street parcel to the Ithaca Urban Renewal Agency (IURA) for disposition of the parcel to a qualified sponsor for rehabilitation of the building in a timely manner for a use consistent with the Urban Renewal Plan, and WHEREAS, the IURA has accepted conveyance of the property and prepared documents to solicit proposals for purchase and redevelopment of the property to a qualified sponsor for a use consistent with the Urban Renewal Plan, and WHEREAS, at their April 9, 1998 the IURA was urged to consider a public neighborhood parking use of 402 S. Cayuga as part of a critical component of a larger strategy to mitigate traffic impact through the Southside residential neighborhood by directing through traffic to travel along the Cayuga St. – Spencer St. – Elmira Rd. route, and WHEREAS, the IURA resolved to temporarily table a resolution authorizing solicitation of proposals for the disposition of 402 S. Cayuga Street to allow the Common Council an opportunity to reconsider retention of the property for a public use, and WHEREAS, the Planning and Economic Development Committee discussed the issue at their April 22, 1996 meeting and recommends that a preliminary engineering analysis of the property be conducted to explore the feasibility and cost of constructing surface parking to serve neighborhood parking needs, subject to identifying appropriate funding source(s), and May 6, 1998 WHEREAS, two local engineering firms have estimated the cost of such study will not exceed $5,000, and WHEREAS, the 11/26/96 site plan approval of the redevelopment of the Wegmans Shopping Center required a contribution toward the mitigation of the traffic impact on the Southside residential neighborhood equal to 50% of the projected cost of such mitigation, not to exceed $42,500, now, therefore, be it RESOLVED, that the Common Council hereby requests the IURA to table disposition of the 402 S. Cayuga Street property pending completion and review of an engineering study to investigate the feasibility and estimated probable cost of redeveloping the property for a neighborhood surface parking use, and be it further RESOLVED, that the Common Council hereby authorizes an amount not to exceed $5,000 to conduct a preliminary engineering analysis of the 402 S. Cayuga Street property to evaluate the feasibility and cost of demolition and construction of surface parking at the property to serve neighborhood parking needs resulting from a possible change of traffic operation on Spencer Street from one-way to two-way operation, and, be it further RESOLVED, that the Common Council designates the above engineering analysis, and any subsequent costs to further evaluate, design and construct neighborhood parking at 402 S. Cayuga, as an eligible project for the use of contributions to be received from Wegmans to mitigate the traffic impact on the Southside residential neighborhood required as part of the 11/26/96 site plan approval for the redevelopment of the Wegmans Shopping Plaza, and, be it further RESOLVED, that the Mayor, upon advice from the City Attorney and the Director of Planning and Development, be authorized to sign a contract for professional services to conduct the above engineering study, and, be it further RESOLVED, said contract amount, not to exceed $5,000, be transferred to account A8020-5435, the contract line for the Department of Planning & Development. Extensive discussion followed on the floor regarding funding sources and the lack of Board of Public Works review on the proposed traffic pattern changes. Amending Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan RESOLVED, That the Board of Public Works and the Department of Public Works be asked to proceed in studying traffic patterns on Spencer Street. Ayes (1) Marcham Nays (9) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Gray, Spielholz, Taylor Motion Failed May 6, 1998 Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Shenk RESOLVED, That these funds be derived from the Unrestricted Contingency account, and the 50% matching contribution from Wegmans be returned to the Unrestricted Contingency account. Ayes (8) Shenk, Manos, Sams, Gray, Farrell, Blumenthal, Vaughan, Taylor Nays (2) Spielholz, Marcham Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Gray, Taylor Nays (1) Marcham Abstention (1) Spielholz Carried 17.9 Brownfields - Report This item was withdrawn from the agenda. 18. Budget and Administration Committee: 18.1 Common Council - Request to Establish Capital Project for Parking Signage Related to the RPPS By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, residents of many neighborhoods have complained about the inability to use the streets near their homes for parking, and have requested relief from their elected representatives, and WHEREAS, the streets in many neighborhoods of the City of Ithaca near Cornell University are filled with the parked cars of more than 500 commuters each day, and WHEREAS, because of this commuter parking the residents of these neighborhoods are subject to increased noise, pollution, litter, extra traffic and unsafe conditions for motorists and pedestrians, and WHEREAS, the City of Ithaca did request that the State Legislature give the City of Ithaca authority to establish a Resident Parking Permit System in the neighborhoods surrounding Cornell University, and WHEREAS, such enabling legislation was passed by the State Legislature and signed by the Governor, and WHEREAS, a committee of elected officials, city residents and staff has been working since August 1997 on preparation of proposed regulations for the resident parking permit area, and WHEREAS, implementation of these regulations will require a capital project that will cover the costs of replacement and installation of signage, and WHEREAS, Capital Project #365 for $33,000 has been designed to provide for such replacement and installation of signage, and May 6, 1998 WHEREAS, the Board of Public Works is given authority over parking regulations in the City of Ithaca; now, therefore, be it RESOLVED, That Common Council hereby authorizes the establishment of Capital Project #365 in an amount not to exceed $33,000, and be it further RESOLVED, That said Capital Project take effect at the time that Common Council passes legislation which enacts the Plan and after the Board of Public Works approves the implementation of parking regulations which institute a Resident Parking Permit System, and be it further RESOLVED, That said funds shall be derived from the issuance of Serial Bonds. Ayes (9) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Marcham, Spielholz, Gray Nays (1) Taylor Carried 18.2 Common Council - Direction to Board of Public Works on Resident Parking Permit Fee Structure This item was withdrawn from the agenda. 18.3 Common Council - Request Funds for Scholarships for Training Program By Alderperson Marcham : Seconded by Alderperson Manos WHEREAS, a request has been received from Cornell Cooperative Extension to fund two scholarships for Effective Black Parenting Facilitator training, and WHEREAS, the week-long training will be held July 20-24, 1998 in Ithaca, at a per trainee cost of $850 with several community leaders and organizations sponsoring trainees; now, therefore, be it RESOLVED, That Common Council authorizes the transfer of an amount not to exceed $850 from Account A1990 Unrestricted Contingency to Account A7311-5440-1100 to sponsor one trainee at the Effective Black Parenting Facilitator training, and be it further RESOLVED, That either GIAC or the Youth Bureau explore the idea of funding an additional trainee from staff for said program at $850 within existing budget allocations. Amending Resolution By Alderperson Farrell : Seconded by Alderperson Manos RESOLVED, That a second Whereas clause be added to read as follows: “WHEREAS, individuals who are not City or County employees but are trained as facilitators will sign agreements with Cornell Cooperative Extension to facilitate two to three 14-week series of Effective Black Parenting over the next two to three years,” and be it further RESOLVED, that the first Resolved clause be amended to read as follows: “RESOLVED, That Common Council authorizes the transfer of an amount not to exceed $850 from Account A1990 Unrestricted May 6, 1998 Contingency to Account A7311-5440-1100 to sponsor one trainee who is also a resident of the City of Ithaca at the Effective Black Parenting Facilitator Training, and be it further” Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously 18.4 Common Council - Establishment of Sub-committee for Community Survey Funding By Alderperson Marcham : Seconded by Alderperson Vaughan WHEREAS, the Mayor and Common Council are interested in producing a survey for the community to receive residents problems and concerns on various city issues; now, therefore, be it RESOLVED, That the Budget and Administration Committee will establish a sub-committee to explore various community survey options and alternatives, including associated costs and financing. Carried Unanimously 18.5 Building Department - Council Support of Development of Zoning Interpretation and Approval Fees By Alderperson Marcham : Seconded by Alderperson Spielholz WHEREAS, Building Department staff are recommending that a fee for determination by Building Department staff of the specific rights of a property requested by the property owner be implemented and charged on a $50 per hour fee with a minimum of $25, and WHEREAS, the Building Department will take this service fee issue to the Planning and Development Board, and the Planning and Economic Development Committee for discussion and support; now, therefore, be it RESOLVED, That Common Council hereby supports the establishment and implementation of a Zoning Interpretation and Approval fee for determination by Building Department Staff of the specific rights of a property, and directs Building Department and City Attorney staff to develop specific language to accomplish said fee. Carried Unanimously 18.6 An Ordinance Amending Section 146-7K(1) Entitled “Expiration of Permits” of the City of Ithaca Municipal Code By Alderperson Marcham : Seconded by Alderperson Vaughan ORDINANCE NO. 98____ 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 146-7.K.(1) of the Building Construction Ordinance entitled “Expiration of permits,” is hereby amended as follows: K. Expiration of permits. (1) All building permits shall remain in effect for a period of two (2) years. Except that, building permits that authorize work with a construction value of more than $15 million dollars, or May 6, 1998 those building permits held by single family homeowners, shall remain in effect for a period of 3 years. Permits shall be renewable upon application to the Building Commissioner and upon payment of the renewal fee. At least forty-five (45) days before the expiration of the building permit granted under this chapter, the Building Commissioner shall send a notice of expiration by ordinary [and certified] mail to the person holding such permit. Upon the failure of the Building Commissioner to send such notice of expiration by ordinary [and certified] mail to the person holding such permit, such permit shall continue and shall not expire until forty-five (45) days after the sending of such notice of expiration. 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 18.7 An Ordinance Amending Sections 272-11 and 272-18 Entitled “Permit Fees” and “Variances, Review and Appeal” of the City of Ithaca Municipal Code By Alderperson Marcham: Seconded by Alderperson Manos ORDINANCE NO. 98____ 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 272-11 and 272-18 of the Sign Ordinance entitled “Permit fees” and “Variances, review and appeal,” are hereby amended as follows: § 272-11. Permit fees. A. The following fees shall be paid to the City of Ithaca, New York, upon filing of an application for a sign permit: Sign Area (square feet) Fee Per Sign 0 to 50 $40 [$20.00] 51 to 100 $80 [$40.00] 101 to 150 $120 [$60.00] 151 to 200 $160 [$80.00] 201 to 250 $200 [$100.00] § 272-18. Variances, review and appeal. Any person aggrieved by any decision of the Building Commissioner relative to the provisions of this chapter may appeal such decision to the Zoning Board of Appeals, as provided in Chapter 325, Zoning, of this Code and shall comply with all procedural requirements prescribed by said Zoning Board of Appeals, including payment of a fee of $75 [ten dollars ($10.)] to defray the cost of the required legal notice and written notice to all property owners within two hundred (200) feet of the boundaries of the proposed sign location. However, when any variance, review or appeal relative to the provisions of this chapter is requested, the Zoning Board of Appeals shall not take action until a report is received from the Planning and Development Board. If, however, no report is received within forty-five (45) days after referral, then approval by the Planning and Development Board shall be presumed, and the Zoning May 6, 1998 Board of Appeals shall proceed accordingly. In making any determination or decision with respect to any proposed sign, any city officer or any board having jurisdiction shall be guided by the general purpose of this chapter, as stated in § 272-1 hereof, and shall also consider the following: A. Size of sign: the purpose for which the sign is erected and the distance from which the sign is intended to be or can possibly be read and the character of adjacent streets. In all cases, the smallest sign that will suit the purpose shall be the guide, taking into account the legitimate commercial or other interests which are intended to be promoted by the sign and the speed limits and traffic conditions on adjacent streets. B. Number of letters: the number of letters on the proposed sign. A sign with only a few letters need not be as large as one with many letters to be seen from the same distance. C. Other signs: other signs in the vicinity of the proposed sign. D. The character of the neighborhood: the proposed use shall not be detrimental to the general amenity or neighborhood character so as to cause a devaluation of neighboring property or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of the neighboring property. E. Public interest: the protection of the public interest and the desirability of maintaining open spaces, views and vistas insofar as possible. Any person aggrieved by any decision of the Zoning Board of Appeals may have the decision reviewed by a Special Term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules. Section 2. The City of Ithaca Municipal Code , Section 272-43 of the Housing Ordinance involving the fee for a Certificate of Compliance, is hereby amended as follows: § 210-43. Certificate of compliance. D. The fee for a certificate of compliance shall be based on the following: (1) $30 [Twenty-eight dollars ($28.)] plus $30 [twenty- eight dollars ($28.)] per hour for the time spent by the Inspector at the premises doing the initial inspection to determine whether the premises are in compliance with the Housing Code; plus (2) If, at the time the initial inspection is done, the premises are not in compliance with the Housing Code, $30 [twenty-eight dollars ($28.)] per hour for all time spent by the Inspector regarding the premises after such initial inspection, including but not limited to the time spent in correspondence, review of the appropriate files, transportation and further inspections. May 6, 1998 Section 3. 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 18.8 Building Department - Request to Amend Authorized Personnel Roster By Alderperson Marcham : Seconded By Alderperson Gray RESOLVED, That the 1998 Authorized Personnel Roster of the Building Department be amended as follows: Delete: One (1) Plan Review Officer (40 hours) Add: One (1) Senior Plan Examiner (40 hours) and be it further RESOLVED, That the position of Senior Plan Examiner be assigned to the CSEA Administrative Unit at Grade 22 (40 hour hiring salary of $35,771 - $41,179), and be it further RESOLVED, That Mike Niechwiadowicz be appointed to the position of Senior Plan Examiner at a 1998 annual salary of $44,081, effective retroactive to July, 1997, and be it further RESOLVED, That the required funding increase of $4,758.71 shall be derived from the transfer of an amount not to exceed $2,295 from Account A1990 Unrestricted Contingency to Account A3620-5110 and the balance of $2,463.71 to be derived within existing Building Department salary accounts. Carried Unanimously 18.9 Finance/Controller - Request to Approve One-Week Sales and Use Tax Clothing Exemption By Alderperson Marcham: Seconded by Alderperson Farrell BE IT ENACTED BY Common Council of the City of Ithaca as follows: Section one. Receipts from sales of and consideration given or contracted to be given for purchases of clothing exempt from state sales and compensating use taxes pursuant to paragraph 30 of subdivision (a) of section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. Section two. This resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing September 1, 1998, and ending September 7, 1998, although made or occurring under a prior contract. Alderperson Marcham reported that the resolution does not mention the threshold, or what items of clothing are covered (i.e. footwear). Carried Unanimously May 6, 1998 18.12 DPW - Request to Establish Capital Project for East Clinton Street Bridge By Alderperson Marcham : Seconded by Alderperson Shenk WHEREAS, the East Clinton Street Bridge has been structurally reviewed by the City Engineer's Office and was found to have removal of material under the concrete footers of the bridge which will cause problems in the future if left as is, and WHEREAS, the Engineer's Office will have staff time this summer to oversee the bridge repair work and the creek level should be at an optimum level to perform the work, and WHEREAS, the bridge repair work has been estimated at a total cost of $120,000; now, therefore, be it RESOLVED, That Common Council hereby authorizes the establishment of Capital Project #366 East Clinton Street Bridge Repair at an amount not to exceed $120,000 for said repair, and be it further RESOLVED, That said funding shall be derived from the issuance of Serial Bonds with the project approval contingent upon Board of Public Works approval. Carried Unanimously 18.10 A Resolution Authorizing the Issuance of $1,830,000 Serial Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Objects or Purposes in and for Said City By Alderperson Marcham : Seconded by Alderperson Gray A Resolution Authorizing the Issuance of $1,830,000 Serial Bonds of the city of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Objects or Purposes in and for Said City. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is not desired to authorize the financing of such capital projects; now therefore be it RESOLVED, That by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying the costs of the certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $1,830,000 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such improvements in accordance with the maximum estimated cost of each. Such improvements are as follows: a) To pay additional costs of the reconstruction of Stewart Avenue embankment after landslide, in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $32,000 (including the $54,266 serial bonds authorized by bond resolution dated and duly adopted January 7, 1998, revised maximum estimated cost of this specific object or purpose is now $96,266). It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 35 of paragraph (a) of Section 11.00 May 6, 1998 of the Local Finance Law, no obligations having been heretofore issued for said specific object of purpose; b) The reconstruction of the Giles Street Bridge in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $857,000. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph (a) of Section 11.00 of the Local Finance Law; c) The reconstruction of the Linn Street Bridge in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $788,000. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph (a) of Section 11.00 of the Local Finance Law; and d) The reconstruction of the West Clinton Street Bridge in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $120,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph (a) of Section 11.00 of the Local Finance Law; and e) The purchase and installation of traffic signs and traffic sign supports at various streets and roads throughout and in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $33,000. It is hereby determined that the period of probably usefulness of the aforesaid class so objects or purposes is ten years, pursuant to subdivision 72 (b) of paragraph (a) of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes is $1,830,000 and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to each specific object or purpose in accordance with the maximum estimated cost of each set forth in Section 1 hereof. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the city of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the city Controller and a facsimile of its May 6, 1998 corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale of awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service, including prescribing whether manual or facsimile signature shall appear on said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the city not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchange by the fiscal agent, and, accordingly, pursuant to paragraph (c) of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with And an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. May 6, 1998 Section 10. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Carried Unanimously 18.11 Approval of 1999 Guidelines for Community Service Funding By Alderperson Marcham : Seconded by Alderperson Vaughan WHEREAS, the City of Ithaca has in the past appropriated funds to agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That the Budget & Administration Committee of Common Council be authorized to review all 1999 requests for non-mandated city funding from private, non-profit agencies that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirements and criteria shall be applied to all such requests: Requirements 1. All applications for 1999 funding must be submitted in writing to the City Controller by June 15, 1998. 2. Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic, and/or environmental well being of city residents, in terms as specific as possible. Information presented should include the groups or individuals to be served, the number of people to benefit from the activity, and the duration of the benefit (long term or short term). 3. a. Each application must include budgets for 1998 and 1999, financial reports from 1996 and 1997, and an enumeration of other funding sources. b. The applications should also include a count of individuals served, by municipality, for prior years, and a report on any positive impacts and benefits. c. The application must include a description of methods for measuring positive outcomes from 1999 funding. Criteria and Evaluation Scoring The Committee shall assign points for the degree to which the proposed use of City funds meets each of the following criteria. If the applicant does not supply sufficient information for the Committee to make a judgment, the proposal shall receive zero points in each such case. These criteria and evaluation scores will be used by the Budget & Administration Committee as guidelines in evaluating requests for funding: May 6, 1998 1. The proposed activity will benefit the social, cultural, economic and/or environmental well being of residents of the City of Ithaca. 2. a. The proposal will service city residents in proportion to City funding requested. b. The sponsor of the proposed activity: 1. has received funding, or 2. is reasonably assured of receiving funding, or 3. has made a good faith effort to receive funding from the County, appropriate towns, school districts, or other funding sources in proportion to non-city residents served. 3. The proposed activity will serve an identified need in the city and does not duplicate another service. 4. The proposed activity is designed to effectively meet the needs of those to be benefited; and the proposal includes measurable objectives and outcomes. 5. The applicant demonstrates sound management practices. 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the disabled. 7. The proposed activity will produce a long-term benefit. now, therefore, be it RESOLVED, That by August 3, 1998, the Budget & Administration Committee shall forward its recommendations to the Mayor for consideration in the 1999 budget. Carried Unanimously 18.13. Finance/Controller - Status of Unrestricted Contingency- Report Alderperson Marcham presented the following report on the status of the Unrestricted Contingency Fund: UNRESTRICTED CONTINGENCY Balance Unrestricted Contingency 4/29/98 $52,825.00 RESTRICTED CONTINGENCY (COUNCIL) $ 0.00 (COUNCIL) 0.00 SALARY ADJUSTMENTS MANAGEMENT (COUNCIL) 10,000.00 IMPACT FUNDS (COUNCIL) 5,000.00 (POLICE/COUNCIL) 0.00 (COUNCIL) 0.00 (COUNCIL) 0.00 BALANCE RESTRICTED CONTINGENCY 4/29/98 $15,000.00 May 6, 1998 BALANCE UNRESTRICTED CONTINGENCY 4/29/98 $67,825.00 MAY COUNCIL PROPOSED RESOLUTIONS: Building Department Reclassification $ 2,295.00 Training Course YB/GIAC 850.00 $ 3,145.00 BALANCE UNREST. CONTINGENCY AFTER PROPOSED MAY RESOLUTIONS $49,680.00 -5,000.00 $44,680.00 18.14 Common Council - Managerial Pay Raise Requests - Report Alderperson Marcham reported that the Budget and Administration Committee appointed a sub-committee to review managerial pay raise requests. The committee consists of Alderpersons Manos, Vaughan, Shenk and Mayor Cohen Ex-Officio. Alderperson Marcham stated that funds are very limited this year for these requests. 18.15 Common Council - Request to Sign Viva Taqueria & Cantina's Revocable License Agreement By Alderperson Marcham : Seconded by Alderperson Spielholz WHEREAS, in the past the City of Ithaca has issued a license to Viva Taqueria & Cantina allowing that restaurant to utilize certain areas along Aurora Street 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 Viva Taqueria & Cantina, 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 sale 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 1998, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Viva Taqueria & Cantina 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 Ithaca Downtown Partnership approval for outdoor dining permits. Carried Unanimously 18.17 Municipal Resolution – 1996 Clean Water/Clean Air Bond Act By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca herein called the “Municipality”, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, May 6, 1998 herein called the “Project” is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca that 1. The City Controller is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application of State Assistance Payments; 4. That this Resolution take effect immediately. Carried Unanimously 19. NEW BUSINESS: 19.1 Sexual Orientation Non-Discrimination Bill, S. 425-A By Alderperson Shenk Seconded By Alderperson Gray WHEREAS, no federal or state laws exist to prohibit discrimination on the basis of sexual orientation in employment, housing, public accommodations, credit and education, and WHEREAS, studies have shown lesbians and gay men to be frequent victims of discrimination, and WHEREAS, in 1971 New York became one of the first states in the nation to introduce a bill banning discrimination based on sexual orientation, and WHEREAS, although approximately a dozen local governments around the State of New York, including Tompkins County and the City of Ithaca, have passed ordinances banning sexual orientation discrimination, many of these ordinances are limited to municipal employment and/or contain no enforcement mechanism, and protection from discrimination should not depend on where in New York State a person lives, and WHEREAS, all but one of the five states immediately surrounding and contiguous to New York State have passed comprehensive legislation banning discrimination on the basis of sexual orientation, and May 6, 1998 WHEREAS, the New York State Senate leadership has consistently denied lesbian and gay New Yorkers full use of the democratic process by refusing to allow a vote on the Sexual Orientation Non-Discrimination Bill which simply adds the words "sexual orientation” to New York State’s existing civil rights laws; now, therefore, be it RESOLVED, That the Ithaca Common Council calls upon the leadership of the New York State Senate to allow a floor vote on the Sexual Orientation Non-Discrimination Bill, S.425-A before the close of the 1998 legislative session, and, be it further RESOLVED, That the City Clerk forward this resolution to all members of the New York State Senate. Carried Unanimously 19.1 Legal Services for City Attorney’s Office – Resolution By Alderperson Blumenthal : Seconded by Alderperson Sams WHEREAS, the Assistant City Attorney will continue to be on medical leave until approximately the end of May 1998, and WHEREAS, the City Attorney’s Office is in need of assistance to provide legal services during her absence, and WHEREAS, the prior appropriations approved in February and April 1998 are insufficient to cover the legal services needed through the end of May 1998, now therefore be it RESOLVED, That the City Attorney’s Office is authorized to continue its agreement with Brock & Schwab, LLP as an independent contractor for legal services, to be reimbursed at the rate of $75.00 per hour, not to exceed an additional 85a hours for a total additional amount not to exceed $6,375.00, and be it further RESOLVED, That the sum of $6,375.00 shall be transferred from Account A-19090 (Unrestricted Contingency) to Account 1420-5435 (City Attorney). Carried Unanimously 20. UNFINISHED AND MISCELLANEOUS BUSINESS: By Alderperson Manos : Seconded by Alderperson Manos RESOLVED, That Roey Thorpe be appointed as a Marriage Officer through June 1998. Carried Unanimously EXECUTIVE SESSION: By Alderperson Gray : Seconded by Alderperson Spielholz RESOLVED, That Common Council adjourn into Executive Session to discuss two personnel items. Carried Unanimously RECONVENE: Common Council reconvened into regular session with no formal action being taken. May 6, 1998 21. REPORT OF COUNCIL LIAISONS: Six Mile Creek Advisory Committee Alderperson Vaughan reported that the Six Mile Creek Advisory Committee voted on a resolution in February regarding their wish to be involved in the watershed deliberations. The resolution stated that the Committee wants to be kept informed of the deliberations, wants the opportunity to participate in specific actions that might effect Six Mile Creek, and they further request that Common Council not diminish the level of protection currently in effect for Six Mile Creek even if it is no longer used as a watershed. City Prosecutor’s Office Mayor Cohen reported that Ezra Sherman has agreed to become the Acting City Prosecutor until a City Prosecutor is hired, and that Robert Sarachan has agreed to serve as the Acting Deputy City Prosecutor. Mayor Cohen stated that Mr. Sarachan will resign from the Community Police Board. ADJOURNMENT: On a motion the meeting adjourned at 12:02 A.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor