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HomeMy WebLinkAboutMN-CC-1998-11-04 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. November 4, 1998 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey 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 Environmental/Landscape Planner – Cornish Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: By Alderperson Shenk: Seconded by Alderperson Vaughan RESOLVED, That the Minutes of the March 4, 1998, March 23, 1998, April 1, 1998, April 8, 1998, April 13, 1998, and April 27, 1998 Common Council Meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Development Alderperson Blumenthal requested that the adoption of the Inlet Island Plan be moved forward in the agenda, after Item 17.2. She further requested the addition of Item 19.10 – Report of Public Information Sessions. No Council member objected. SPECIAL ORDER OF BUSINESS: Ithaca Fire Department Volunteer Incentive Program Recognition Fire Commissioner Romanowski introduced Volunteer Coordinator Lynch and Fire Chief Wilbur. They presented the volunteer incentive awards to the top seven responders who committed the most number of hours of service in 1997. The recipients were Dan Maas, Ron Chapman, Ernie Jackson, Frank Antone, David Ayers, Peter Stysack, and Lyle Neigh. Public Hearing on Adoption of the Inlet Island Urban Design Plan Resolution to Open Public Hearing By Alderperson Shenk: Seconded by Alderperson Blumenthal RESOLVED, That the public hearing to consider the adoption of the Inlet Island Urban Design Plan be declared open. Carried Unanimously November 4, 1998 2 The following people addressed Common Council: John Schroeder, City of Ithaca Daniel Hoffman, City of Ithaca Joel Harlan, Town of Dryden Scott Whitham, City of Ithaca Steven Ehrhardt, City of Ithaca Paul Glover, City of Ithaca Gary Jaynes, City of Ithaca Ed Franquemont, City of Ithaca Fay Gougakis, City of Ithaca Steve Flash, Marina Realty Tim Ciaschi, Station Restaurant Susan Titus, Business Owner on The Commons Resolution to Close Public Hearing By Alderperson Sams: Seconded by Alderperson Shenk RESOLVED, That the public hearing to consider the adoption of the Inlet Island Urban Design Plan be declared closed. Carried Unanimously Public Hearing on Adoption of the Digital Zoning Map Resolution to Open Public Hearing By Alderperson Hershey: Seconded by Alderperson Taylor RESOLVED, That the public hearing to consider the adoption of the Digital Zoning Map be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Vaughan: Seconded by Alderperson Farrell RESOLVED, That the public hearing to consider the adoption of the Digital Zoning Map be declared closed. Carried Unanimously Public Hearing on Zoning Approval Fees Resolution to Open Public Hearing By Alderperson Marcham: Seconded by Alderperson Manos RESOLVED, That the public hearing to consider Zoning Approval Fees be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Taylor: Seconded by Alderperson Spielholz RESOLVED, That the public hearing to consider the adoption of Zoning Approval Fees be declared closed. Carried Unanimously YOUTH AWARD: Alderpersons Diann Sams and Tracy Farrell presented the November, 1998 Distinguished Youth Award to Nia Nunn. Nia is a 17-year-old senior at Ithaca High School who teaches dance classes, free of charge, at GIAC. She founded the dance program, called VERDE (Spanish for the color green) at GIAC. She uses the letters to stand for: vivacious, exuberant, real dancers entertaining. When Nia started, she had seven children ages 4-11 in her class. She now has over 30 students that even include adults. Nia held a fundraiser to purchase T-shirts for her students over the summer. The funds she raised fell short of her goal, so she personally donated the rest of the funds November 4, 1998 3 so no one would go without. The person who nominated Nia was Karen Anderson, whose daughter was one of Nia’s first students. Everyone describes Nia herself as vivacious, exuberant, a real dancer, and entertaining. MAYOR'S APPOINTMENTS: Conservation Advisory Council By Mayor Cohen: Seconded by Alderperson Sams RESOLVED, That Common Council approves the appointment of Gregory Thomas to the Conservation Advisory Council, with a term to expire December 31, 1999. Carried Unanimously Disability Advisory Council By Mayor Cohen: Seconded by Alderperson Taylor RESOLVED, That Common Council approves the appointment of David McElrath to the Disability Advisory Council, with a term to expire June 30, 2001. Carried Unanimously Board of Fire Commissioners By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approves the reappointment of Alvin Nelson to the Board of Fire Commissioners, with a term to expire June 30, 2001. Ayes (9): Shenk, Blumenthal, Marcham, Hershey, Manos, Farrell, Vaughan, Spielholz, Taylor Abstentions (1): Sams Carried Bicycle Pedestrian Advisory Council By Mayor Cohen: Seconded by Alderperson Sams RESOLVED, That Common Council approves the appointment of Yarrow Nelson to the Bicycle Pedestrian Advisory Council, with a term to expire December 31, 1999. Carried Unanimously Planning and Development Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Common Council approves the appointment of Kenneth Vineberg to the Conservation Advisory Council, with a term to expire December 31, 1999. Carried Unanimously Mayor Cohen stated that Richard Srnka was appointed to the Examining Board of Electricians, with a term to expire December 31, 2000. This did not require Council approval. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Dryden - Drug Task Force Fay Gougakis, City of Ithaca – problems caused by binge drinking, absentee landlords and children being bitten by dogs Laurel Guy, Brooktondale - Tompkins County Celebration funding. John Beach, City of Ithaca - thanked Council for their support of the reconfiguration of the intersection of South Albany Street, Spencer Street, Spencer Road, and the old Elmira Road. Rick Brennan, City of Ithaca - asked Council to investigate traffic patterns before changing Spencer Street into a two-way street. Gary Jaynes, City of Ithaca – safety concerns of bicyclists. Steven Sentennel, City of Ithaca - Spencer Street traffic changes. Chris Delucca-Beach, City of Ithaca – traffic reconfiguration of the Albany, South Plain, and South Geneva Street area. Cynthia Yahn, City of Ithaca - Inlet Island Plan November 4, 1998 4 RESPONSE TO THE PUBLIC: Alderperson Shenk stated that the South Albany Street traffic reconfiguration would come back to Council before it is approved, and neighborhood involvement will occur before that point. Alderperson Blumenthal noted that the Southwest Area Plan GEIS would include calibrated traffic counts. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Spielholz thanked the Board of Public Works for their work on the Dryden Road Parking Garage changes. She also reported on the Collegetown Fire: no one was injured, but 50 people were left homeless. The Ithaca Fire Department did a great job. She further acknowledged John Schroeder, Tom Hanna, and Jane Marcham for the opening, ribbon cutting and completion of the Frosh Alley walkway on October 23, 1998. Alderperson Marcham added that the Frosh Alley walkway dates back to 1888, the year Ithaca became a city. It was one of the initial projects that the city authorized, and it was just rebuilt this year. She thanked the Department of Public Works and the Engineering Department for doing such an excellent job with the plans, and noted that the job came in under budget. Alderperson Vaughan congratulated Ed Hershey for his election victory. She reported that public input is needed regarding cable negotiations, public education access, and government access. There will be a meeting on November 5, 1998 from 5 - 7 P.M. in the Second Floor Conference Room of City Hall. Alderperson Sams stated that the annual Human Rights Celebration would take place on November 21st, at 5:30 P.M. at Beverly J. Martin Elementary School. The theme this year is “Think Globally, Act Locally.” COMMUNICATIONS FROM THE MAYOR: Mayor Cohen recognized City Clerk Conley Holcomb for her Registered Municipal Clerk Certification. This award recognizes the competency for fulfilling the office, and is granted only after an applicant has demonstrated that they have met the high educational, experiential, and participatory standards established by the New York State Association of Village and City Clerks. Mayor Cohen congratulated Alderperson Hershey, and presented him with his badge. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Vice Chair Steven Ehrhardt updated Council on the following matters: Truck Signage will begin as a City-wide plan. The Traffic Systems Engineer will start in the City’s jurisdiction. Other areas are pending State approval, such as parts of Route 13 and Route 79. The Board approved fee changes for the Dryden Road Parking Garage. The fee will be lowered to 45 cents between June 1, 1999 and August 15, 1999 as a summer rate. There will be free parking between December 20, 1998 and January 10, 1999. Repairs to the lighting and painting will occur. They will pass the parking sticker program where stickers can be used to lower the rate from 75 cents an hour to 45 cents an hour. The Board will begin consideration of the Ithaca Bicycle Plan Implementation. There will be a meeting on November 5, 1998 at 4:30 P.M. in Council Chambers. Representatives will be present from the Board of Public Works, the Parks Commission, Bicycle Pedestrian Advisory Council, and Common Council. The Bicycle Plan will be discussed November 4, 1998 5 first, and then they will hold meetings and hearings regarding the South Albany Street reconfiguration in December and January. Alderperson Blumenthal expressed the necessity of Truck Signage in the Route 13 and Route 366 area by NYSEG. Board of Fire Commissioners Cynthia Yahn reported that the Veteran Firefighters Association is in the final process of approving the building of an enclosure for the antique steamer. Final approval from the Town of Ithaca should come soon, and work will begin November 5, 1998. The false alarm and place of assembly ordinances are still being worked on in committee. The Board of Fire Appeals Commission may need to be reconstructed, as indicated by Fire Chief Wilbur. The city has been in compliance of the “Two in, Two out” system since October 5, 1998, and a physical fitness program is in development. The Board and the Chief had a lengthy discussion regarding the Former Volunteer Survey, to analyze the issue of retaining volunteers. CONSENT AGENDA ITEMS: 16.1 Chamberlain - Request Adjustment to 1998 Tax Warrant By Alderperson Sams: Seconded by Alderperson Vaughan WHEREAS, New York State acquired property on Meadow Street prior to the assessment of 1998 City taxes, and WHEREAS, property acquired by the state for highway purposes is, by New York State law, exempt from property taxes on the date of acquisition; now, therefore, be it RESOLVED, That the 1998 tax warrant shall be adjusted to reflect the exclusion of a part of 320 S. Meadow Street in the amount of $405.23, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes on the tax roll. Carried Unanimously 16.2 Finance/Controller - Request Authorization to Cover Red Accounts By Alderperson Sams: Seconded by Alderperson Vaughan RESOLVED, That the City Controller be empowered to make transfers within the 1998 Budget appropriations, as needed, for the remainder of the 1998 Fiscal Year. Carried Unanimously REGULAR AGENDA ITEMS: BUDGET AND ADMINISTRATION COMMITTEE: 17.1 Adoption of 1999 Budget By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 1999 as approved by the Budget and Administration Committee, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 1999 and as those amounts may be altered by action of this Common Council at its November 4, 1998 meeting, are adequate for the operation of the City during 1999; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 1999, together with any additional changes made in said budget at Council's November 4, 1998 meeting as the City of Ithaca Budget for 1999, in the total amount of $36,548,314, and be it further November 4, 1998 6 RESOLVED, That the following sections of the 1999 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Joint Activity Fund Appropriations E) Solid Waste Fund Appropriations F) General Fund Revenues G) Water Fund Revenues H) Sewer Fund Revenues I) Joint Activity Fund Revenues J) Solid Waste Fund Revenues K) Debt Retirement Schedule L) Capital Projects M) Schedule of Salaries and Positions - General Fund N) Schedule of Salaries and Positions - Water & Sewer Fund O) Schedule of Salaries and Positions - Joint Activity Fund P) Schedule of Salaries and Positions - Solid Waste Fund Q) Authorized Equipment - General Fund R) Authorized Equipment - Water Fund S) Authorized Equipment - Sewer Fund T) Authorized Equipment - Joint Activity Fund U) Authorized Equipment - Solid Waste Fund Mayor Cohen noted that new information has been received since the distribution of the budget memo dated November 4, 1998. He stated that amendments should be made to the proposed budget. Amending Resolution By Mayor Cohen: Seconded by Alderperson Vaughan RESOLVED, That the 1999 budget be amended as follows: 1.) Addition of $12,085 added to the Computer Networking Capital Project. 2.) Increase Revenues by $361,500 3.) Increase Building Department Salary Line by $8,000 4.) Decrease Capital Project Budget by $355,260 5.) Balance of $18,240 to be placed into Restricted Contingency to address Y2K issues Discussion followed on the floor regarding Y2K concerns, proposed building projects for Cornell University, and the proposed budget amendments. Mayor Cohen and City Controller Cafferillo reviewed the additions to the budget and clarified where the funding would come from and go. A vote on the Amending Resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously November 4, 1998 7 17.2 Adoption of 1999 Tax Rate By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, the 1999 City of Ithaca Budget was approved, adopted and confirmed in the total amount of $36,548,314 on November 4, 1998, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $28,916,845 leaving $7,631,469 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 1999, certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $819,768,316, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $18,167,655 for 1999; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 1999, be, and the same hereby is, established and fixed at 9.3093 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1999 Tax Roll, thereby making a total tax levy, as near as may be, of $7,631,469 and, be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of 9.3093 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $36,548,314 be appropriated, in accordance with the Budget adopted, to the respective Boards, Offices and Departments of the City, for the purposes respectively set forth therein. The 1999 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property 1,947,945,856 Less: Value of Exempt Property 1,148,960,600 798,985,256 Plus: Value of Special Franchises 20,783,060 Net Value of Taxable Property $819,768,316 Carried Unanimously 11-0 17.3 Approval of 1999 Trash Tag Rates By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, City staff and Common Council reviewed the current Solid Waste Fund activity as it relates to city trash tag sales, and WHEREAS, the need for a change in city trash tag rates is being recommended by City staff and Common Council, and November 4, 1998 8 WHEREAS, the Solid Waste Fund review has deemed it necessary to reinstate a half-tag and full-tag option to city residents; now, therefore, be it RESOLVED, That Common Council hereby approves as a part of the 1999 City of Ithaca Budget the following 1999 City Trash Tag rates for sales effective January 1, 1999: Per Tag Sheet of 6 Half-tag (20 lbs.) $1.75 $10.50 Full-tag (35 lbs.) $3.00 $18.00 and, be it further RESOLVED, That Common Council hereby requests the Department of Public Works to make random weight checks of trash collected at the curb to determine that the half-tag, 20 lb. weight, and full-tag, 35 lb. weight, are being complied with by city residents. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, That a new Resolved Clause be added to read as follows: “RESOLVED, That the Board of Public Works report back to Common Council in July 1999 regarding the monitoring of trash weights.” Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 17.4 Common Council - Allocation of Tompkins County Celebration Funds By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, Tompkins County has provided funds to localities for assistance in celebration activities, and WHEREAS, the 1998 Ithaca Festival meets the criteria of the Celebration funding; now, therefore, be it RESOLVED, That Common Council hereby appropriates $2,531.15 of the 1998 Celebration funds provided by Tompkins County for use by the Ithaca Festival Inc. to assist with the cost of the 1998 Ithaca Festival, and be it further RESOLVED, That the Controller be directed to make all necessary transfers for said purpose. Alderperson Sams stated that she does not want to allocate all of the funds as two other groups are also interested in receiving funding: the Human Rights Committee and GIAC. Alderperson Marcham suggested postponing the Resolution until the December meeting, until they have received applications from other sources. Motion to Table Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell RESOLVED, That this item be tabled and considered at the December meeting. Carried Unanimously 17.5 Human Resources – Request Transfer of Funds for Legal Services By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the Human Resources Department is in need of consultation and advice with regard to labor issues; now, therefore, be it November 4, 1998 9 RESOLVED, That the Human Resources Department is authorized to enter into an agreement with Brock & Schwab, LLP as an independent contractor for consulting and legal services for a total amount not to exceed $1,800.00, and be it further RESOLVED, That an amount not to exceed $1,800.00 shall be transferred from account A1430-5105 Human Resources Salaries to account A1430-5435 Human Resources Contractual Services, and be it further RESOLVED, That after the expenditure of $1,800.00 on consulting services, the contract shall be re-evaluated by City staff to determine possible extension of the contract. Carried Unanimously 17.6 Police Department - Request Funds to Hire Facilitator By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the Police Chief and Human Resources Director are recommending to hire a facilitator to examine the Police Department’s structure, culture, organization and how the department performs its mission, and WHEREAS, the cost of a facilitator to accomplish this change in structure has been estimated at $18,500 for 1998 and into 1999, and WHEREAS, the facilitator would accomplish the following tasks during the process: - Initial meetings - Participant selection - Design of participative process and follow-through plan - Event coordination - Process management - Follow-through phase - Work with the Work Environment Task Force; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Police Department to contract with a facilitator at an amount not to exceed $18,500 to complete said organizational process change, and be it further RESOLVED, That an amount not to exceed $18,500 shall be transferred from account A1990 Unrestricted Contingency to account A3120-5430 Fees for said purpose, and be it further RESOLVED, That the remaining funds at December 31, 1998 from said contract shall be encumbered into 1999 to complete the process. Carried Unanimously 17.7 City Attorney - Request to Hire Outside Legal Services By Alderperson Marcham: Seconded by Alderperson Farrell WHEREAS, a bus driver who is a City employee, in the course of her duties, was involved in a traffic accident on October 13, 1998, which resulted in injury to pedestrians, and WHEREAS, the driver of the bus was ticketed for failure to yield the right of way in a crosswalk, and WHEREAS, the driver of the bus has requested legal assistance from the City to mount a defense to said charge, and WHEREAS, it is in the interest of the City to provide a defense for its employee in this charge; now, therefore, be it November 4, 1998 10 RESOLVED, That the City shall enter into an agreement with James A Baker, Esq. as an independent contractor to provide legal assistance to said bus driver, to be reimbursed at the rate of $150.00 per hour, not to exceed a total of $750, and be it further RESOLVED, That the funds for said legal services shall be transferred from account A1990 Unrestricted Contingency. Carried Unanimously 17.8 Finance/Controller - Request Approval of 1998 NYS Retirement Incentive Program Participants By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the City enacted Local Law #4, July 1, 1998, adopting the 1998 Retirement Incentive Program (Chapter 47, Laws of 1998), and WHEREAS, the applicable departments and the City Controller have carefully evaluated the effects of targeting the following positions, and have developed a plan that demonstrates a minimum of 50% savings in the replacement employee's base salary over the two years following the retirement of the eligible employees, and WHEREAS, based on such examination, and subject to operational adjustments and considerations recognized in concept as a part of this resolution, departments have determined that in each instance services and related supervision can be provided on a reasonable basis, should the employees involved in the following targeted positions exercise their option to retire during the authorized open period; now, therefore, be it RESOLVED, That the following positions and incumbent employees be targeted for inclusion in the 1998 Targeted Retirement Incentive Program (Chapter 47, Laws of 1998): Parking Lot Attendant, DPW Streets & Facilities, Jon M. McMinn Principal Account Clerk, Chamberlain, Marna D. McNeal Custodian, DPW Streets & Facilities, George A. Wood, Jr. Water Meter Servicer, DPW Water & Sewer, Peter J. Malison Working Supervisor in Parks & Forestry, Department of Public Works Streets & Facilities, David Russell. and, be it further RESOLVED, That the memorandum dated October 15, 1998 is accepted, in concept, to indicate the operational changes set forth by the applicable departments in the interest of continuing a consistent level of service and related supervision, each subject to future Common Council action where required. Carried Unanimously 17.9 DPW - Request Funds for IAWWTP Feasibility Study By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, Ithaca Area Wastewater Treatment Plant (IAWWTP) is in need of an Engineering Feasibility Study for the following items: 1. Cost effective method to remove grit (sand, rocks, etc.) before entering Influent Building or passing through Influent pumps. 2. Investigation of Third Belt Press or Alternative Dewatering (Centrifuges) Technology to increase solids content and decrease tons of water and disposal cost. 3. Investigate Alternatives to Piping Mechanism on Floating Cover, Balancing Methods, or Cover itself. November 4, 1998 11 4. Phosphorus Removal - Investigate and Pilot test tertiary phosphorus removal methods that will lower plant discharge from .8mg/liter to a level that will lower total phosphorus loading to lake to less than 50% of current dry summer estimates. 5. Investigate Alternatives to Chlorination and Dechlorination (e.g. ultraviolet or ozone) that meet new Clean Air Act regulations more cost effectively and one compatible with phosphorus advanced treatment removal. 6. Rehabilitate old Recirculation Building to receive substances like grease requiring pretreatment with provision for piping pretreated waste to plant headworks. 7. Investigate the feasibility of adding a roughed out third story to Administration Building and a roofed area over Thickener Tank area to provide adequate office, storage, telecommunications, and circulation functions while resolving some long standing roof leakage problems, and WHEREAS, the estimated cost of the services is $20,000, and WHEREAS, the Special Joint Subcommittee (SJS) at its regular meeting on October 20, 1998, has approved and is recommending that these services be performed, and WHEREAS, the engineering firm of Stearns and Wheler of Cazenovia, New York be selected for said services; now, therefore, be it RESOLVED, That an amount not to exceed $20,000 be transferred from account J1990- 5000 Joint Activity Contingency to account J8150-5430 Professional Fees for the purposes of hiring the firm of Stearns and Wheler to perform said engineering feasibility study for the IAWWTP, and be it further RESOLVED, That the transfer of funds be contingent upon the Board of Public Works' approval. Carried Unanimously 17.10 Approval of Budget Meeting Minutes By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That the Budget Meeting minutes for the October 5, 8, 13 and 15, 1998 meetings be hereby approved. Amending Resolution By Alderperson Marcham: Seconded by Alderperson Hershey RESOLVED, That there be a correction made to the October 13, 1998 meeting. On page 3, the minutes should state that Paul Mazzarella said there is a 12-15% vacancy rate in Ithaca’s downtown neighborhoods. Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 17.11 Fire Department – Request Approval of MOU for Collective Bargaining Agreement Personal Leave Item – Memorandum of Understanding By Alderperson Marcham: Seconded by Alderperson Spielholz MEMORANDUM OF UNDERSTANDING Between The City of Ithaca and the Ithaca Paid Fire Fighters Association (IAFF Local 737) regarding the number of employees permitted to be off on personal leave at any one time. November 4, 1998 12 WHEREAS, the City of Ithaca and the Ithaca Paid Fire Fighters Association are desirous of facilitating the administration of the current Agreement between the parties, and WHEREAS, the Agreement between the parties provides, in Clause 27.b, that after December 31, 1997, no more than one (1) Fire Fighter and one (1) Fire Lieutenant shall be off on personal leave at any one time, and WHEREAS, the purpose of establishing said clause, to provide relief during the contract negotiation period due to unknowns caused by a change in the number of officers and in operational structure, is no longer needed, and WHEREAS, since the use of personal leave almost always leads to an overtime situation, the change will have little, if any, effect on overtime conditions, and WHEREAS, in actual and past practice, personal leave has been granted to employees covered by this Agreement without regard to rank, NOW, THEREFORE, the City of Ithaca and the Ithaca Paid Fire Fighters Association enter into this Memorandum of Understanding, as follows: Clause 27.b which reads “After December 31, 1997, the number of employees who are permitted to be off on personal leave on any one time will return to the past practice of one (1) Fire Fighter and one (1) Fire Lieutenant” shall be changed to read 2. No more than two employees covered by this agreement are permitted to be off on personal leave at any one time. Alderperson Hershey praised the Paid Firefighters Union for their cooperation in negotiating these changes. Carried Unanimously 17.12 Fire Department - Request Approval of MOU for Collective Bargaining Agreement Special Duty Assignment Item – Memorandum of Understanding By Alderperson Marcham: Seconded by Alderperson Hershey MEMORANDUM OF UNDERSTANDING between The City of Ithaca and the Ithaca Paid Fire Fighters Association (IAFF Local 737) regarding the creation of special duty assignments. WHEREAS, the City of Ithaca and the Ithaca Paid Fire Fighters Association are desirous of facilitating the administration of the current Agreement between the parties, and WHEREAS, the Agreement between the parties provides, in Clause 36.c, for the creation of special duty assignments as agreed between the Union and the Fire Chief, and WHEREAS, said Clause 36.c contains, in section 36.c.i(3), a “sunset provision” causing the special duties clause to expire, in its entirety, on December 31, 1997, and WHEREAS, the Union and the Fire Chief are desirous of creating special duty assignments and maintaining said special duties clause in the current Agreement for that purpose, November 4, 1998 13 NOW, THEREFORE, the City of Ithaca and the Ithaca Paid Fire Fighters Association enter into this Memorandum of Understanding, as follows: 1. Clause 36.c.i(3) which reads “This special duties clause applies only to this contract which shall expire on December 31, 1997. This is a “sunset provision” which does not carry over into any subsequent agreement” shall be deleted in its entirety. The remaining sections of Clause 36.c, to wit, the enabling section 36.c, 36.c.i, 36.c.i(1) and 36.c.i(2), shall remain in full force in the current Agreement. Carried Unanimously 17.13 An Ordinance Amending Section 325-37 Entitled “Enforcement Officer; Assistance; Appeals” To Add Subsections C, D And E In Order To Establish A Zoning Compliance Fee By Alderperson Marcham: Seconded by Alderperson Vaughan 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 325-37 entitled “Enforcement Officer; assistance; appeals” is hereby amended to add Subsections C, D and E as follows: C. Approvals. It shall be the duty of the building commissioner to review any zoning compliance approvals requested for any property within the city by any property owner or his/her agent. When the building commissioner has determined that a zoning compliance approval can be issued for a property a fee for this approval shall be charged at a rate of $50 per hour involved in the issuance of the approval, with a minimum fee of $25 dollars. except that the fee for any zoning compliance approval for owner occupied one or two family dwellings is $25. The zoning compliance fee does not apply to the issuance of a Certificate of Compliance or a Certificate of Occupancy where other fees are assessed by the municipal code. D. Collection of Fees. Upon the issuance of a zoning compliance approval, the property owner shall be billed for services rendered at the rates established pursuant to Subsection C. This fee shall be paid to the City Chamberlain within thirty (30) days of the billing date. If the required fee is not paid within thirty (30) days of the billing date, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next assessment roll of general city taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalties as the general city tax and as a part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue from the date of billing to the date of actual payment at twelve percent (12%) per annum or three dollars ($3.) per month, whichever is greater. E. Appeal of Bill. The exclusive administrative remedy for a property owner wishing to appeal the amount of the bill which has been established pursuant to Subsection C is to file a notice of appeal with the Building Commissioner within seven (7) days of the mailing date to the property owner of the bill for the service. When a notice of appeal is filed, the Building Commissioner, using the regulations of the Board of Zoning Appeals, except that any of the public notice requirements shall not apply, shall schedule the matter at the next possible regular meeting of the Board of Zoning Appeals. The property owner then has the responsibility to perfect the appeal to the Board of Zoning Appeals, by November 4, 1998 14 submitting six copies of the appeal and detailing the reasons why the property owner believes the fee is not justified. The property owner bears the burden of establishing that the accounting submitted by the building commissioner is inaccurate. The Board of Zoning Appeals shall have the authority to approve or reject such appeal in whole or in part. 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 19. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 19.1 Inlet Island Urban Design Plan – Designation of Lead Agency Status for Environmental Review – Resolution By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the Inlet Island Urban Design Plan is a “Type I” Action pursuant to CEQR which requires review under the City’s Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the Inlet Island Urban Design Plan. Carried Unanimously 19.2 Inlet Island Urban Design Plan -- Determination of Environmental Significance - Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the City of Ithaca is proposing the adoption of The Inlet Island Urban Design Plan dated October 1998, prepared by the LA Group, Landscape Architects and Engineers and Argus Architecture and Preservation in conjunction with the Inlet Island Urban Design Guidelines Client Committee and City of Ithaca Planning and Development Department staff, and WHEREAS, appropriate environmental review for the adoption of the Inlet Island Urban Design Plan has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and a Long Environmental Assessment Form Parts I, II, and III, and WHEREAS, the proposed action is an Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, development proposals for the project area are subject to environmental review under both the City Environmental Quality Review Ordinance and the State Environmental Quality Review Act, and WHEREAS, Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF, dated August 3, 1998 and the LEAF Parts I, II, and III dated August 13, 1998 and supplemental information, and has determined that adoption of the proposed plan will not have a significant effect on the environmental; now, therefore, be it November 4, 1998 15 RESOLVED, That Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth in the Long Environmental Assessment, 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 for the adoption of this plan 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 19.3 Adoption of the Inlet Island Urban Design Plan By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, Common Council has reviewed the proposed final draft of the Inlet Island Urban Design Plan, dated October 1998, prepared by the LA Group, Landscape Architects and Engineers and Argus Architecture and Preservation in conjunction with the Inlet Island Urban Design Guidelines Client Committee and City of Ithaca Planning and Development Department staff, and WHEREAS, key proposals and components of the plan include:  development of an urban mixed-use area with multi-story buildings for housing, offices and shops set back but adjacent to the waterfront;  public access along a waterfront promenade;  ample public views of the water;  connectivity to the West End, West State Street, and The Ithaca Commons via coordinated streetscape improvements and public transportation;  consolidated parking facilities;  public parks and planned plazas;  linkages to other proposed recreational trail systems;  comprehensive urban design guidelines for public and private projects to promote high quality and aesthetically pleasing development, and WHEREAS, Common Council recognizes that the proposed Inlet Island Urban Design Plan is the product of an extensive process which involved public participation including public review and comments of proposals developed by a client committee, a consultant, and Planning Department staff, and WHEREAS, Common Council recognizes that the Plan is conceptual in nature and that as specific projects are proposed, they will be subject to environmental review in accordance with SEQR and CEQR and site plan review in accordance with the City of Ithaca Site Development Plan Review Ordinance, and WHEREAS, Common Council recognizes that the Plan includes sufficient flexibility for future decision-makers to allow for the implementation of items proposed in the Plan, and, WHEREAS, the Guidelines for Development included in the Plan will provide a framework for the Planning and Development Board when reviewing new development proposals in the Inlet Island area; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the October 1998 Inlet Island Urban Design Plan as a component of the City of Ithaca’s Comprehensive Plan subject to final editorial approval of revisions to the Plan by Common Council. November 4, 1998 16 Alderperson Blumenthal explained all of the steps taken by the Inlet Island Urban Design Guidelines Committee that consisted of members of the public, private sector, Board of Public Works, Planning Board, and Common Council, regarding public input into the Plan. Extensive discussion followed on the floor regarding the changes that have already been made to the Plan. Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Sams RESOLVED, That the following language be inserted as the last Whereas clause in the resolution: “WHEREAS, the City’s desire and intent that a portion of the new housing be attractive and affordable to an ethnically and economically diverse population, and that the City will actively encourage similar diversity in the ownership and operation of businesses on the Island.” Carried Unanimously Alderperson Hershey spoke in opposition to the proposed elevated structure on page 4 of the Plan. Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Manos RESOLVED, That page 26, Item 8C of the Plan be amended as follows: “If desirable, consider a structure to facilitate elevated views in all directions. The structure of the design includes the framework system which allows maximum views. Determine placement of the structure during site plan review to minimize any disruption of views from adjacent buildings.” Ayes (5) Shenk, Manos, Blumenthal, Marcham, Spielholz Nays (5) Vaughan, Farrell, Hershey, Sams, Taylor Mayor Cohen voted no, breaking the tie vote. Motion Fails Amending Resolution: By Alderperson Hershey: Seconded by Alderperson Farrell RESOLVED, That Item 8C on page 26 and figure 2-3 on page 4 of the Plan be eliminated. Ayes (7) Vaughan, Farrell, Sams, Manos, Shenk, Taylor, Hershey Nays (3) Spielholz, Marcham, Blumenthal Carried Further discussion followed on the floor regarding emphasizing the connection between Inlet Island, downtown and the West End corridor through signage and public transportation. The intent of the City is for these business districts to compliment each other, not to detract from the downtown area. Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Mayor Cohen expressed his thanks to Alderperson Blumenthal, Planning and Development Director Van Cort, and Environmental/Landscape Planner JoAnn Cornish for their efforts on this project. RECESS: Common Council recessed at 9:45 pm. and reconvened into regular session at 10:00 pm. November 4, 1998 17 19.4 Amend the Approved Scoping Document for the Generic Environmental Impact Statement for the Southwest Area Land Use Plan By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, On May 6, 1998, the Common Council, acting as Lead Agency, determined that the Southwest Area Land Use Plan may have a significant environmental impact and that a Generic Environmental Impact Statement must be prepared, and WHEREAS, On June 1, 1998, the City of Ithaca held both an Agency Scoping Session and a Public Scoping Session to identify issues to be analyzed in the draft Generic Environmental Impact Statement for the proposed Southwest Area Land Use Plan, and WHEREAS, the Common Council, after advertising a public comment period on the proposed scope, solicited comments from the public and interested agencies regarding the issues to be analyzed, and WHEREAS, during the scoping session, the impacts on historical and archeological resources were not identified as a relevant issue needing further investigation because large portions of land in the project area had been previously investigated for historic and archeological resources, (e.g. the “Wal-mart site”) or had been previously disturbed (e.g. Southwest Park), and WHEREAS, on August 5, 1998, the Common Council after considering both the written scope and the comments made during the public and interested agency comment period adopted the scoping document for the draft Generic Environmental Impact Statement for the Southwest Area Land Use Plan, and WHEREAS, after further discussion with the Office of Parks, Recreation and Historic Preservation it was determined that multiple sensitive sites were present just outside the city near the project area, and WHEREAS, the Planning and Economic Development Committee determined that it would be in the city’s best interest to conduct a Phase I Archeological Investigation on all areas under consideration for development, and WHEREAS, after further review of the public and interested agency comments by Planning Department staff, and Clark Patterson Associates, GEIS consultants, recommended that the approved scope be amended to include an impact previously not included in the scope; now, therefore, be it RESOLVED, the August 5, 1998 adopted scoping document for the draft Generic Environmental Impact Statement for the Southwest Area Land Use Plan be amended to include the investigation of impacts on historical and archeological resources. Carried Unanimously 19.5 An Ordinance Amending Chapter 325 Entitled “Zoning - Amending the Regulation of Home Occupations” -- Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Farrell RESOLVED, that Ordinance 98-_____ entitled “Zoning – Amending the Regulation of Home Occupations” is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, on Wednesday, December 2, 1998 at 7:00 p.m., and be it further RESOLVED, that the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed November 4, 1998 18 ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, that the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered reads as follows: 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 District Regulations Chart created pursuant to section 325- 8 of the Zoning Ordinance is hereby amended by deleting the following from column 3, entitled “Permitted Accessory Uses” in R3 zoning districts: 1. Any Accessory use as permitted in R-2. 2. Private garage for four or more cars. 3. Neighborhood parking area subject to regulations of 325-20 (B). [4. Home occupation] Section 2 The City of Ithaca District Regulations Chart created pursuant to section 325- 8 of the Zoning Ordinance is hereby amended by adding the following from column 3, entitled “Permitted Accessory Uses” in C-SU zoning districts: 1. Any accessory use permitted in R-3. 2. Home Occupation Section 3. The City of Ithaca Municipal Code section 325-9.C.(1)(j) be amended as follows with no changes in the subordinate subsections: (j) Home occupations in all Residential Zoning [R1 and R2] Districts require a temporary special permit unless the home occupation meets all the following criteria: Section 4. The City of Ithaca Municipal Code is hereby amended by to include a new section 325-9.C.(4)(h) as follows: (h) Temporary special permits for home occupations. [1] Spaces in which home occupations are conducted must comply with the New York State Uniform Fire Prevention and Building Code. [2] A home occupation temporary special permit shall be issued for a three- year period. [3] The response of those notified by the appellant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the temporary home occupation special permit. [4] Renewals. The renewal of temporary home occupation special permits for additional three-year periods shall be granted by the Building Commissioner following inspection of the premises by the Building Department, submission of a renewal application form issued by the Building Department and an affidavit stating that the conditions as originally set forth to the Board of Zoning Appeals have not changed in any way. It is the responsibility of permit holders to renew their temporary special permits. The Building Commissioner shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and that the original qualifying conditions still exist. The Building Commissioner is authorized to charge a fee of $30 for each renewal inspection conducted. November 4, 1998 19 [5] Revocation. The Building Commissioner shall revoke any special permit issued here under should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit. [6] Periodic review. The Building Commissioner and the Department of Planning and Development shall review the effects of this section at least every five (5) years to determine the long-term effect on the residential character of the neighborhoods. Section 5. The City of Ithaca Municipal Code sections 325-9.C.(4)(a)[2], 325- 9.C.(4)(b)[4], 325-9.C.(4)(e)[7], 325-9.C.(4)(g)[2], 325-9.C.(4)(g)[3], are hereby amended to remove the references to section 325-41 and insert in the place of the former cross-reference a reference to Municipal Code section 325-40. Section 6. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. 19.6 Digital Zoning Map--Designation of Lead Agency Status for Environmental Review By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the Digital Zoning Map is a “Type I” Action pursuant to CEQR which requires review under the City’s Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the Digital Zoning Map. Carried Unanimously 19.7 Determination of Environmental Significance -- Digital Zoning Map By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca is pursuing the transfer of the Zoning Map from analog to digital format and minor zone boundary changes as shown on that map and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, it appears that the proposed action is a Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, based on the SEAF, 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 adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated October 1, 1998, and be it further November 4, 1998 20 RESOLVED, That this Common Council, as lead agency, hereby determines 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 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 19.8 Adoption of Digital Zoning Map By Alderperson Blumenthal: Seconded by Alderperson Spielholz WHEREAS, The City of Ithaca Planning and Development Board has recommended that Common Council adopt the amendment to the zoning ordinance described in the Zoning Concept memo of September 28, 1998 and amending Chapter 325, “Zoning” and, WHEREAS, Members of Common Council have reviewed the proposed amendment adopting the digital zoning map, and WHEREAS, This Common Council, as lead agency in this matter, has resolved that no significant impact to the environment will result from this amendment; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the following amendment to the zoning ordinance: ORDINANCE 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 325-3 of Article II, entitled “Definitions and Word Usage,” is hereby amended as follows: §325-3. Definitions and Word Usage. Add the following: Digital Zoning Map: The set of electronic files which store the boundaries of the zoning districts, including the historic districts, and which are maintained as the "Official Zoning Map of the City of Ithaca, New York", including any accompanying files which store the legend, certifications, titles and all other graphic devices necessary to produce the zoning map in analog format. Section 2. The City of Ithaca Municipal Code, Section 325-5 of Article II, entitled “Zoning Districts,” is hereby amended as follows: §325-5. Zoning Map. Replace "A." with the following: A. Districts are bounded as shown on the map titled, "Official Zoning Map of the City of Ithaca, New York", which is further defined in "Digital Zoning Map" in Section 325-3, and which accompanies in printed format and is hereby made part of this chapter. Section 3. The Official Zoning Map of Ithaca New York, of Chapter 30, entitled "Zoning" of The City of Ithaca Municipal Code, is hereby amended as follows: November 4, 1998 21 1. Change the zone designation of the following tract of land from P-1 to R-3a: The total area of parcels 58.-8-1, 58.-8-3, and 58.-8-4. 2. Change the designation of the following tract of land from B-5 to I-1: The total area of tax parcel 125.-1-3.21. 3. Change the designation of the following tract of land from P-1 to I-1: That portion of the relief channel beginning at the south boundary of West Clinton Street and continuing southeasterly until the direction of the channel changes to southerly. 4. Change the designation of the following tract of land from P-1 to B-5: That portion of the relief channel beginning at the northerly boundary of Elmira Rd and continuing north until the southern boundary of the portion described in Section 5 of this ordinance amendment. 5. Change the designation of the following tract of land from R-2a to P-1. That portion of parcel 107.-1-1 which lies north of a line which is drawn from the southwestern corner of parcel 91.-5-7 to the southeastern corner of parcel 91.-6-1 and is bounded in the north by the southern boundary of Hillview Place. Section 4. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Alderperson Sams asked whether the Clinton Street and Cleveland Avenue area would be changed. Planning and Economic Development Director Van Cort stated that that area would remain the same. Alderperson Manos asked about the change in A(2), the designation of B-5 to I-1 of a small triangular parcel by Commercial Avenue. The tip of the triangle is on Elmira Road and connects to a section that can be used for Adult Entertainment. She recommends keeping the triangle B-5. Amending Resolution By Alderperson Manos: Seconded by Alderperson Blumenthal RESOLVED, That the changes to diagram 2 be removed. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 19.9 Transportation and Community and System Preservation Pilot Program Funding Request By Alderperson Blumenthal: Seconded by Alderperson Spielholz WHEREAS, the United States Government has enacted Transportation Equity Act for the 21st Century (TEA-21), which is a successor program to Intermodal Surface Transportation Enhancement Act (ISTEA), and WHEREAS, the United States Department of Transportation (USDoT) has issued a Federal Register Notice and Request for Letters of Intent for the TEA-21 Transportation and Community and System Preservation (TCSP) Pilot Program, and November 4, 1998 22 WHEREAS, there are numerous projects in the City of Ithaca which would benefit from TSCP funding, and WHEREAS, city staff has recommended that Letters of Intent be submitted for the following projects: West State Street Corridor Improvements, Feasibility Analysis for Downtown Transit Center, Cayuga Inlet Trail, Citywide Trail System, and Citywide Traffic Calming, and WHEREAS, the Planning and Economic Development Committee of Common Council has recommended that Common Council authorize submission of Letters of Intent; now, therefore, be it RESOLVED, That the Mayor of the City of Ithaca is authorized to submit Letters of Intent to USDoT for funding through TEA-21 TCSP Pilot Program for the above-listed projects. Discussion followed on the floor regarding the amount of funding that can be obtained and how it is distributed. A vote on the Resolution resulted as follows: Carried Unanimously EXECUTIVE SESSION: By Alderperson Marcham: Seconded by Alderperson Manos RESOLVED, That Common Council adjourn into Executive Session to discuss personnel items. Carried Unanimously RECONVENE: Common Council reconvened into regular session with no items being brought forth. 19.10 Public Information Sessions - Report Alderperson Blumenthal reported that the Planning Committee discussed the issue of public information sessions with Clark Patterson on scoping and the GEIS. There will be at least 3 sessions to discuss the six options being looked at. They will cover design, traffic, and other issues. The staff is currently meeting and working on the plan. Planning and Economic Development Director Van Cort clarified that this is a legal procedure and anything they find out will be reported to the public. NEW BUSINESS: Alderperson Marcham reminded Council that the Budget and Administration Committee would meet on Tuesday, November 24, 1998 instead of the night before Thanksgiving. Mayor Cohen stated there would be a Sewer Meeting on Saturday, November 7, 1998 at the Ramada Inn, at 9 A.M. ADJOURNMENT: On a motion the meeting adjourned at 10:50 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor