Loading...
HomeMy WebLinkAboutMN-CC-1999-04-07 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. April 7, 1999 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 Building Commissioner – Eckstrom Planning and Development Director – Van Cort Economic Development Director - McDonald Superintendent of Public Works – Gray Fire Chief - Wilbur Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Add item 18.17 City Attorney – Request for final approval of conveyance of Campbell Park Special Order of Business Re-programming of Community Development Block Grant funds New Business Appoint Council representative to Ithaca Downtown Partnership Public Hearing to Consider the Community Development Block Grant Reprogramming Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Spielholz RESOLVED, That the public hearing to consider the Community Development Block Grant Reprogramming be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Spielholz: Seconded by Alderperson Taylor RESOLVED, That the public hearing to consider the Community Development Block Grant Reprogramming be declared closed. Carried Unanimously YOUTH AWARD: Alderpersons Sams and Farrell presented the Distinguished Youth award to Jesse Austin-Breneman, Disashi Lumumba-Kasongo, and Sandra Weissinger. They won silver medals in the National Society of Black Engineers (NSBG), organized Tri-Math-a-Lon competition held at Boston University. They competed against teams from the New York, New Jersey, New England and Rochester areas. In the later section of the Second round, the South April 7, 1999 2 Jersey team from Pleasantville High School pulled ahead of Ithaca (representing the Twin Tiers) and maintained their lead. Rochester came in third with 183 points; Ithaca amasses 201 points and the first place winner finished with 214 points. Despite their lack of experience at this level and the fact that this NSBE Alumni Chapter is less than two years old, this obscure group of students from Ithaca rose to national prominence. Much thanks goes to their coach Tamara Baptist and instructors Karen Holiness and Gary Mobley, NSBE Alumni, who were there for these youngsters on Saturdays since September. This chapter and support for this involvement was established originally by Thomas Baskin-Bey, Associate Principal at Ithaca High School in partnership with GIAC under the direction of Cassandra Nelson. Without GIAC’s support, this level of success would not be possible. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doria Higgins, Town of Ithaca, updated everyone on the Cornell University Lake Source Cooling Project. Joe Daley, Commons Design Review Committee, distributed the Committee’s report. He thanked John Schroeder for editing, and stated that the report will be discussed at length in the future. Eric Ott, Owner of the Rongovian Embassy in Trumansburg, stated that he is opposed to the new postering ordinance. The local music and art scene is a large part of what makes Ithaca and the surrounding community attractive to tourists, whose dollars benefit everyone. The complaining people have commanded a disproportionate share of attention from the local government. The Rongovian Embassy does not poster. Sandy Wold, Town of Ithaca, gave an update on the Eco-Museum project proposed for the Cascadilla Boat House in Stewart Park. Pete Panik is opposed to the new postering ordinance. Nicholas Celia, City of Ithaca, supports posters and informative pieces of paper about things going on in town. James Phenoddy, Ithaca, opposed the postering ordinance. Donald Stevenson, Ithaca, stated he is opposed to the Postering Ordinance. He prefers broadcast media, but paper reaches more people. Mary Tomlan, City of Ithaca, stated that postering problems were considered as a result of twelve Collegetown Neighborhood Council [Association] Meetings since January of 1998. There is interest in kiosks and regulated places to poster. Events are already promoted in businesses, on the radio, in newspapers, and other sources. April 7, 1999 3 Frances Weissman, City of Ithaca, stated that she is in support of the Postering Ordinance. Postering causes litter, and posterers do not take responsibility for clean up. Theresa Alt, City of Ithaca, spoke in opposition to the Postering Ordinance. Garrison Hesslin, City of Ithaca, stated that he is a local musician and is opposed to the Postering Ordinance because it attacks ethnic and cultural diversity. Hank Roberts, Ithaca, stated he is a musician opposed to the Postering Ordinance. Waverly, of the band Scratch & Sniff, stated he is guilty of postering. He goes back and takes down his own and the other outdated ones. He suggested a yearly permit where the funds would go to be used for clean up. Ken Ivens, Chamber of Commerce, distributed a Resolution commending the Common Council for improving the life in the City: Resolution Commending the Ithaca Common Council WHEREAS, the Board of Directors of the Tompkins County Chamber of Commerce recognizes the importance of a strong business climate in the City of Ithaca and, WHEREAS, the Board recognizes that part of that economic health is derived from a strong retail environment, job creation, job retention and the sales tax that is generated for the city and county residents and, WHEREAS, the Board recognizes that the Ithaca Common Council has taken many steps recently, which include the economic development planning of the southwestern and east end areas, and the financial support of the Ithaca Downtown Partnership, and WHEREAS, the Board sees these programs strengthening the community for many years to come, so therefore let it be RESOLVED, That the Board of Directors of the Tompkins County Chamber of Commerce commends the Common Council of the City of Ithaca for its commitment and dedication to improving life in the City and County through its recent actions, and be it further RESOLVED, That the Board offers its continued assistance to further this goal. Rob Cohen, owner of Stella’s in Collegetown and the Chair of the Tompkins County Bar and Restaurant Association, stated he is opposed to the Postering Ordinance. William Fox, Ithaca, stated that he is the Entertainment Manager at The Haunt and he is opposed to the Postering Ordinance. Harry Bowman, Ithaca, stated he is opposed to the Postering Ordinance. April 7, 1999 4 Park Doing, Ithaca, stated he is opposed to the Postering Ordinance. Johnny Dowd, Ithaca, stated he is a musician and he is opposed to the Postering Ordinance. Ken Hallett, Ithaca, stated he is the owner of the ABC Café and he is opposed to the Postering Ordinance. Stu Fox, Ithaca, stated he is opposed to the Poster Ordinance. The music scene is stronger than he has seen it in years, and the ordinance will only hurt people. He will poster for anyone who needs it and will not pay the fines he will receive. Burt Patterson, City of Ithaca, stated he is against the Postering Ordinance and the fines are out of scale. Phil Crubia, Tompkins County, stated he is against the Postering Ordinance because it will hurt local businesses. Chris Predmore, Town of Ulysses, stated he is against the Postering Ordinance. Joel Harlan stated he is in favor of Ithaca using the Cortland and Elmira Sports Arena. The Ithaca High School hockey team pays $100 an hour to use Lynah Rink at Cornell University. The City needs growth and to focus less on Cornell University and Ithaca College. Greg Spence Wolf stated he is against the Postering Ordinance. Alex Gouchalk, Ithaca, stated he is a musician and is opposed to the Postering Ordinance. In Providence, Rhode Island, postering is encouraged and subsidized by the City government and it turns the city into a beautiful and interesting canvas. Paul Sayvetz, City of Ithaca, stated he is opposed to the Postering Ordinance. Dale Kemp stated he has a show on Channel 13, Public Access, and he is opposed to the Postering Ordinance. RESPONSE TO THE PUBLIC: Alderperson Marcham explained that the law is a “property rights” law. It has been illegal for a long time to post on private property. Alderperson Spielholz thanked the public for coming. She stated some of their statements have not been based on fact. She would like to meet with musicians and club owners to discuss amendments. Telephone poles are illegal to poster on because they are private property. Common Council can set up private kiosks or bulletin boards and talk to NYSEG or Bell Atlantic but it will take more than just Common Council. Wet posters are an eyesore and the posterers need to take responsibility for poster removal. April 7, 1999 5 Alderperson Hershey stated that he was opposed to making establishments responsible for postering. However, businesses and musicians do not have an inherent right to use other people’s property. They need to take responsibility and ask permission. Alderperson Shenk stated that Council needs to balance the needs of neighborhoods and businesses. Kiosks were considered before and not done mostly because of money. They need to work together to address issues. Alderperson Sams stated that she likes posters but understands that other people do not and that they should strive for a happy medium. Alderperson Blumenthal stated that the Ordinance would not be taken back to the Community Issues Committee, but it would offer alternatives such as kiosks. Mayor Cohen stated that kiosks have been discussed for quite some time and he has spoken favorably about them. He hopes they can work out something where the businesses will pay for the kiosks. He does support the Postering Ordinance because they need to assess the aesthetic concerns of the community, but they also need to find legal postering sites. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Sams stated that there is collaboration with the County and the school district to do workshops in educational aspects of working with differences. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen proclaimed the month of April as Child Abuse Prevention and Sexual Assault Awareness Month in the City of Ithaca. Mayor Cohen proclaimed the First of May as Suicide Survivors Day in the City of Ithaca. Mayor Cohen proclaimed the Week of the Second through Eighth of May as Suicide Prevention Week in the City of Ithaca. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Report of the Board of Public Works: Vice Chair of the Board of Public Works, Steve Ehrhardt, stated that the Truck Enforcement Effort signs are being made and put in. There is no response from NYSDOT on locating signs on state routes and the Mayor wrote to them seven (7) months ago. The capital project regarding Spencer Road, Elmira Road, and South Albany Street could piggyback on the GEIS effort. He asked Council to approve the $7,000 study. The Board wants a broad analysis and wants the Mayor to negotiate. Report of the City Clerk: City Clerk Conley Holcomb stated that there will be a meeting of the Tompkins County Board of Assessment on May 10th from 3 P.M. until 6 P.M. April 7, 1999 6 Report of the City Attorney: City Attorney Geldenhuys stated they have a Purchase Contract between the City of Ithaca and Cornell University for purchase of the Ithaca Falls property. It has been signed by the parties and the City is hopeful for a Spring closing. Substitute Park land properties in the Six Mile Creek area have all been closed. They have three (3) remaining parcels to be acquired for the Inlet Island alienation and substitution, with a contract on one. They may need to proceed with Eminent Domain on one or two parcels. RECESS: On a motion Common Council recessed at 9:00 p.m. RECONVENE: Common Council reconvened into regular session at 9:15 p.m. CONSENT AGENDA ITEMS: 16.1 Police Department – Request to Amend Authorized Personnel Roster – Resolution By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the responsibility for supervising maintenance of the City Court and Police Department facilities was transferred from the Department of Public Works to the Police Department in 1994, and WHEREAS, the authority to hire replacement maintenance personnel has been delegated to the Police Department as DPW employees leave city service, now therefore be it RESOLVED, That one custodial worker position be deleted from the personnel roster of the Department of Public Works, and be it further, RESOLVED, That a corresponding custodial worker be added to the personnel roster of the police department. Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Manos, Vaughan, Taylor Abstention: (1) Sams Carried 16.2 GIAC – Request for Amendment to Authorized Personnel Roster – Resolution By Alderperson Marcham: Seconded by Alderperson Manos RESOLVED, That the personnel roster of the Greater Ithaca Activities Center be amended as follows: Add: One Administrative Assistant (Financial Manager) Delete: One Principal Account Clerk Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Manos, Vaughan, Taylor Abstention: (1) Sams Carried April 7, 1999 7 16.3 GIAC - Request Funds for Hiring Above Minimum Salary – Resolution By Alderperson Marcham: Seconded by Alderperson Manos RESOLVED, That $1,893 be transferred from Account A1990 Unrestricted Contingency to Account 17311-110-1100, GIAC staff salaries, General Administration, to permit the hiring of a new employee above the minimum salary level. Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Manos, Vaughan, Taylor Abstention: (1) Sams Carried 16.4 Youth Bureau – Request to Amend 1999 Youth Bureau Budget – Resolution By Alderperson Marcham: Seconded by Alderperson Manos RESOLVED, That the following amendment to the Youth Bureau budget be hereby authorized to increase the level of field maintenance provided for the Ithaca Amateur Softball and Ithaca United Soccer Programs, offset by increases in program fees. Increase Account A2065-01518 $1,100.00 Increase Account A7310-5120-01518 600.00 Increase Account A7310-5483-01518 500.00 Ayes: (9) Farrell, Marcham, Blumenthal, Hershey, Shenk, Spielholz, Manos, Vaughan, Taylor Abstention: (1) Sams Carried REGULAR AGENDA ITEMS BUDGET AND ADMINISTRATION COMMITTEE: 18.1. Common Council – Establishment of Y2K Contingency Planning Group – Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, Mayor Cohen has appointed a Y2K Planning Committee which is charged with, among other things, assessment, remediation, and contingency planning as it relates to the Y2K computer issue; and WHEREAS, the Y2K Planning Committee has been meeting regularly to fulfill its charge since its inception; and, WHEREAS, even though the information gathered by the Y2K Planning Committee indicates there will not be significant or widespread problems it is always prudent to plan for all possible scenarios; and, WHEREAS, a Y2K specific contingency plan should be in place to insure appropriate preparedness by City agencies to allow for continuity of services and the development of an appropriate response capability; and, WHEREAS, section 48-3 of the City of Ithaca Code states: “The Common Council shall have the primary responsibility to see that everything possible is done to prepare for any disaster and to provide for the safety and security of the community during a disaster”, and April 7, 1999 8 WHEREAS, conducting the planning required to meet any Y2K risks is an important element of Common Council’s disaster preparedness responsibility; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby directs that a committee shall be convened to develop and implement an appropriate Y2K specific contingency plan and that the committee shall consist of representatives of the Building, Fire, Public Works (2), Police, and Finance Departments, a member of the Y2K Planning Committee, and a member of Common Council, to be appointed by the Council, and be it further RESOLVED, That this committee shall be known as the Y2K Contingency Planning Group, and shall report back to the B&A Committee of Common Council on a regular basis with the progress of their work; and be it further RESOLVED, That the Y2K Planning Group shall prepare a comprehensive written contingency plan for delivery to Council and the Mayor no later than 01 Sep 99; and be it further RESOLVED, That the Mayor, as the elected official responsible for the conduct of disaster operations within the city, shall approve such plan prior to its adoption by Common Council. Carried Unanimously 18.2 Controller – Request to Establish Capital Project for Reconstruction of City Hall – Resolution By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, Capital Projects #319, #340 and #550 established in 1996 and 1997 for the reconstruction of City buildings for code compliance, ADA compliance and fire detection purposes included approximately $473,000 for improvements to City Hall, and WHEREAS, the three-year statutory construction period, which expires January 2000 does not permit sufficient time to complete the desired planning, design and construction of said project, and WHEREAS, the additional improvements to the first floor of City Hall, unrelated to code compliance issues, have been identified and proposed for inclusion in this project, and WHEREAS, it has been proposed that code compliance improvements throughout the building shall be designed in consideration of the possibility of future City Hall renovation projects; now, therefore, be it RESOLVED, That a new Capital Project for Reconstruction of City Hall be hereby established, consolidating the code compliance improvements throughout the building, and operational renovations on the first floor into one project at a maximum project cost of $500,000, and be it further RESOLVED, That the Client Committee recommendations on the final design alternative be presented for review by Common Council prior to preparation of bid specifications, and be it further April 7, 1999 9 RESOLVED, That the financing for said project be derived from the issuance of serial bonds. Carried Unanimously 18.3 Controller – Request to Approve Policy on the Disposition of Surplus Computers – Resolution By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, a request has been made by representatives and residents of the Ithaca Housing Authority Rental Housing Program, and Southside Community Center, to be considered as a potential recipient of surplus computer equipment, replaced in conjunction with our Y2K computer upgrade project, and WHEREAS, the City would be legally authorized to make such a contribution under related state and federal statutes, now therefore be it RESOLVED, That the City Controller and Systems Administrator be hereby authorized to donate surplus computer equipment and related unneeded software to the Ithaca Housing Authority when and if available. Alderperson Shenk asked whether Council would consider requests from other agencies. Alderperson Vaughan stated that other non-profit agencies associated with the City, for example the Southside Community Center, should also be able to benefit. Amending Resolution By Alderperson Vaughan: Seconded by Alderperson Shenk RESOLVED, that the last resolved clause be amended to read as follows: “RESOLVED, That the City Controller and Systems Administrator be hereby authorized to donate surplus computer equipment and related unneeded software to the Ithaca Housing Authority and the Southside Community Center when and if available.” Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 18.4 Controller – Request to Amend Capital Project #211 for Software Acquisition – Resolution By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, enhancements to our computer center (MUNIS) software have been demonstrated for our frequent users, and WHEREAS, the new innovations would significantly improve our report preparation program and the functionality of the programs in general, by adding mouse driven point and click capability, and WHEREAS, the Finance Department and users of our financial management system throughout city government recommends and requests funding for said software upgrades, now therefore be it April 7, 1999 10 RESOLVED, That Capital Project #211 for computer hardware and software acquisition be hereby amended by the addition of $15,000, to acquire, install and provide training related to the aforementioned Computer Center software upgrades. Carried Unanimously 18.5 City Prosecutor – Request Transfer of Funds – Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz RESOLVED, That $4,441.00 be transferred from Account A-1990 Unrestricted Contingency to the City Prosecutors budget line A1110-5110 staff salaries, to fund additional costs related to the temporary half time Deputy City Prosecutor position establish in 1998, for a period of eighteen months. Carried Unanimously 18.6 Common Council – Managerial Pay Raise Requests – Resolution By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, Common Council intends to consider managerial request for salary increases in 1999, on the basis of the criteria stated in the policy established by Council in 1998, and WHEREAS, a subcommittee appointed by the Budget and Administration Committee will review the individual requests, with funding to include the $6,200 remaining in restricted contingency from the $10,000 allocated for managerial salary raises in the 1998 city budget, now therefore be it RESOLVED, That the subcommittee will consider all applications for salary raises from managerial staff that are delivered to the Human Resources Department by this year’s deadline of April 20, 1999. Alderperson Sams stated that the criteria does not fit some of the allegations made, and questioned what would happen. It should fall under internal equity. Alderperson Shenk stated that one of the criteria is internal equity, so issues raised would fall under that. Amending Resolution By Mayor Cohen: Seconded by Alderperson Blumenthal RESOLVED, that the last whereas clause be amended to read as follows: “WHEREAS, a subcommittee appointed by the Budget and Administration Committee will review the individual requests, with funding to include the $6,200 remaining in restricted contingency from the $10,000 allocated for managerial salary raises in the 1998 city budget, and to be supplemented as determined by Common Council from the unrestricted contingency account, now therefore be it” Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously April 7, 1999 11 18.7 Fire Department – Amendment to the Town/City Fire Protection Contract – Resolution By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That the Mayor be hereby authorized to execute an amendment to the fire protection agreement between the City and the Town of Ithaca. Carried Unanimously 18.8 Department of Public Works – Request to Amend Budget for Cornell Tree Work Contract – Resolution By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the City and Cornell have entered into various agreements in order to accomplish extensive street improvements while undertaking the Lake Source Cooling Project, and WHEREAS, The most recent agreement for tree work undertaken as part of this combined project will result in a payment to the City of $64,800; now, therefore, be it RESOLVED, That the 1999 budget is amended to reflect the payment as well as offsetting expenses and fund deposits Additional Revenue A2300 Public Works Services $64,800 Additional Expense and Equity A7111 Overtime 3,000 Contract Allowance for labor 11,000 Contract DEC Grant Match, Citizen Pruner 7,500 Equipment Rental 2,000 Equipment Maintenance 1,000 Equipment 1,000 Benefits & Insurance 1,500 $27,000 Capital Reserve Fund (DPW Equip. #23) $22,800 1999 Contingency Account – Reserved $15,000 $64,800 Discussion followed on the floor regarding a proposed youth horticultural apprentice program. Amending Resolution By Alderperson Shenk: Seconded by Alderperson Blumenthal RESOLVED, That a second Resolved clause be added to read as follows: “RESOLVED, That the Department of Public Works is authorized to undertake a youth horticultural apprentice program during 1999 provided the $8,000 direct expense is derived from the expense allowances for A711 listed above.” Carried Unanimously Further discussion followed regarding the use of the budget figures listed above. Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously April 7, 1999 12 18.9 Department of Public Works – Amendment of Capital Project #341 Roller Sports Park – Resolution By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, Common Council established Capital Project #341 in 1997 in an amount of $65,000, and WHEREAS, the project has been bid twice, with low bids of approximately $140,000 and $100,000, and efforts have been undertaken by staff and facility users to locate or raise additional funds, and WHEREAS, staff has requested a project authorization of $110,000 funded by the following source of funds: Existing Capital Borrowing $65,000 Proposed Community Development Funds $20,000 Donations from Community $18,000 DPW 1998 Encumbered Funds $7,000 $110,000 and now, therefore be it further RESOLVED, That Common Council amends Capital Project #341 by $35,000 to a total of $110,000, with a capital borrowing not to exceed $65,000, and be it further RESOLVED, That the Board of Public Works is authorized to enter into contracts for construction once all funds are in place, approximately as outlined above, totaling $110,000. Discussion followed regarding the Oversight Committee and other project pieces such as landscaping, rumble steps on sidewalks, etc. Some landscaping is included, but rumble steps are not. Alderpersons Shenk, Vaughan, and Manos were unwilling to vote without the assurance that those items are included in order to protect Titus Tower residents. Alderperson Manos stated that she would like to see them come in under budget, instead of constantly expanding it as they have been. Alderperson Vaughan stated that many residents were persuaded to allow Council to pass the original Resolution because of the amenities, and she wants them to stay in the package. Alderperson Manos would like to see the project scaled back. Superintendent of Public Works Gray stated that the contractor is ready to start and the Park should be built within two (2) months of the start. The City will incorporate concerns that Council has into the plan. April 7, 1999 13 Amending Resolution By Alderperson Shenk: Seconded by Alderperson Sams RESOLVED, that the following resolved clause be added to the resolution: “RESOLVED, That this work is only to be undertaken with adequate sound barrier landscaping and signage, and that some measure be taken to make the sidewalk skateboard-unfriendly.” Alderperson Sams stated that the Skateboard Ordinance Committee is meeting with representatives from the Ithaca Police Department, the City Attorney’s Office, Seniors, Youth, and the Bicycle Advisory and Disability Committees. Carried Unanimously Amending Resolution By Alderperson Shenk: Seconded by Alderperson Manos RESOLVED, that the following resolved clause be added to the resolution: “RESOLVED, That Joann Cornish be directed to convene the Oversight Committee as described in the resolution dated June 3, 1998, as soon as possible.” Carried Unanimously Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 18.10 Department of Public Works – Rehabilitation of the North Cayuga Street Bridge Over Fall Creek – Resolution By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, a Project for the rehabilitation of the North Cayuga Street Bridge over Fall Creek, B.I.N. 2210600, P.I.N. 375305 for $745,000 (“The Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (“FHWA”), as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI), Construction, and Construction Inspection; now, therefore be it RESOLVED, That Common Council hereby approves the above-subject project; and be it further RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non- federal share of the cost of Scoping, Design (Phases I-VI), Construction, and Construction Inspection for the Project or portions thereof; and be it further RESOLVED, that the sum of $200,000 is hereby appropriated from the General Fund (or appropriated pursuant to in-kind services) and made available to cover the cost of participation in the above phase of the Project; and be it further April 7, 1999 14 RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, that the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works be authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, that this project be undertaken with the understanding that the final cost to the City of Ithaca will be roughly five percent (5%) of the final approved project cost, currently estimated at $37,250 of the $745,000 authorized for this project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City of Ithaca Controller, and be it further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, that this resolution shall take effect immediately. Carried Unanimously 18.11 Department of Public Works – Amendment to Existing Study on the Intersection of Elmira Road/Spencer Road/Albany Street – Resolution By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, Common Council established a Capital Project for improvements to the Elmira Road/Spencer Street/Albany Street intersection in the amount of $250,000 but restricted the use of these funds requiring the project be returned to Council for review prior to any implementation, and WHEREAS, the Engineering and Planning staff have requested authorization to expend not more than $8,000 to study this intersection as part of the current traffic study conducted for the South West Area Development Plan GEIS; now, therefore, be it RESOLVED, That the Director of Planning and Development is authorized to amend an existing study and report contract to incorporate work to study the intersection of Elmira Road/Spencer Road/Albany Street, and be it further RESOLVED, That the Director will work with the Superintendent of Public Works, the Mayor, Alderperson Blumenthal, and the Traffic Engineer to develop the scope of work in order to take the best advantage of this opportunity. Carried Unanimously April 7, 1999 15 18.12 Mayor – Deletion of Two Existing City Commissions – Discussion/Possible Resolution – to be handed out at meeting This item was postponed. 18.13 Mayor – Quarter-Time Judge to Half-Time – Resolution By Alderperson Shenk: Seconded by Alderperson Manos RESOLVED, that Common Council strongly supports the State’s recommendation to increase the Quarter-Time Judge position of the Ithaca City Court to a Half-Time position. Carried Unanimously 18.14 Controller – Five-Year Budget Forecast – Report City Controller Cafferillo distributed the City’s 5-year budget plan to Common Council. He offered a separate session to council members to explain in detail his budget projections. City Controller Cafferillo then handed out and explained the budget program and procedure for the year 2000. They are focusing on the years 2000-2004. The perimeters used for expenditures show approximately a 2% growth factor going forward. One of the primary adjustments made related to the 1999 budget’s significant revenues from Cornell’s building permits. He also adjusted the budget to take out a few large, onetime expenses made in 1999, for example two large pieces of capital equipment and a $250,000 allocation for roads and streets. Two final figures are shown: one without a property tax increase, and one with a tax increase. The tax base remains flat in his figures. The debt is projected based on the current average issuance per year. He then explained the impact of retirement payments on the debt. Mayor Cohen stated that any potential benefits that the City might gain from developments such as the Southwest Development area are not included. City Controller Cafferillo stated that on the revenue side, property tax is projected to increase, sales tax revenue is projected to grow at 2%, and there are many other unknown elements at this point. The City’s financial condition remains stable. They are having problems with their ability to fund activities they have agreed to provide, but the operating budget is stable. EXECUTIVE SESSION: By Alderperson Vaughan: Seconded by Alderperson Marcham RESOLVED, that Common Council adjourn into Executive Session to discuss 1999 Negotiations with Employee Bargaining Units Carried Unanimously REGULAR SESSION Common Council reconvened into regular session and considered the following item: Negotiations with Employee Bargaining Units may lead to potential litigation. Carried Unanimously April 7, 1999 16 18.17 City Attorney – Request for Final Approval of Conveyance of Campbell Park By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the City of Ithaca has received requests from adjoining property owners for conveyance to them of portions of a parcel of land known as “Campbell Park,” and located between Ithaca Road, Elmwood Avenue, and Mitchell Street, and WHEREAS, Common Council by resolution adopted on September 2, 1998 directed that a survey of the parcel be completed in order to convey the city-owned land to the adjacent land owners to alleviate any potential liabilities and to clear title to these lands, and further resolved that the conveyance to adjacent land-owners was contingent upon approval of all affected property owners, and WHEREAS, Common Council determined that some adjacent property owners have been paying real property taxes on portions of “Campbell Park,” and WHEREAS, a survey of the “Campbell Park,” entitled “Survey Map showing lands of the former city park known as the ‘Campbell Park’ – to be subdivided, Ithaca, New York” was completed by Allen T. Fulkerson, L.S., which shows the proposed division of the “Campbell Park” area among adjacent land owners, and WHEREAS, all affected adjacent land owners have approved the proposed division of land shown on the survey, now, therefore, be it RESOLVED, That Common Council hereby approves the conveyance of portions of “Campbell Park” to the adjoining property owners as shown on the above-referenced survey, in consideration for $1.00, and be it further RESOLVED, That the City Attorney is directed to prepare, and Mayor is authorized to execute the necessary documents to convey the parcels to the adjoining property owners, and be it further RESOLVED, That the cost of recording the deed and other necessary documents in the Tompkins County Clerk’s Office shall be paid by the adjoining property owner to whom the parcel is conveyed. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 20.1 Request Authorization to apply for New York State Council on the Arts funds for Cascadilla Boathouse Historic Structures Report - Resolution By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, The Cascadilla School Boathouse, (c. 1894-96), is an historic and architecturally significant municipal resource, listed on the National and New York State Registers of Historic Places in 1991 and located in the city’s most visited public park, and WHEREAS, through this listing, the boathouse is eligible for funding available through several federal and state historic preservation programs, and April 7, 1999 17 WHEREAS, in the many decades since the building served as an athletics facility for the Cascadilla School, the boathouse had fallen into a serious state of physical deterioration, and WHEREAS, in 1997 the City completed a project to stabilize the Cascadilla Boathouse, thereby reserving the opportunity to make decisions about the building’s future community use, and WHEREAS, an ad hoc group of City staff and officials met last October to consider a combination of possible adaptive uses including recreational boating activities for park visitors, public assembly and reception space for public rental, and an interpretive center, and WHEREAS, there is funding available through the New York State Council on the Arts for preparation of an Historic Structures Report which will include a plan for phased rehabilitation and restoration, and WHEREAS, Common Council would like to see this valued facility rehabilitated for the public use now, and for generations to come, now, therefore, be it RESOLVED, That H. Matthys Van Cort, as Director of Planning and Development, is authorized and directed to file an application on forms prescribed by the New York State Preservation League for financial assistance in an amount not to exceed $8,500 to fund preparation of the report, and be it further RESOLVED, That the City shall contribute an amount not to exceed $2,500 from remaining funding in the capital projects budget for the Cascadilla Boathouse stabilization project, contingent on final approval and receipt of said grant funds. Discussion followed regarding Sandy Wold’s proposal for the EcoMuseum. Common Council and the City of Ithaca are not currently working with Sandy Wold. Whatever is done will generate revenue for the City because of the work they have already done on the Boathouse, but no particular group has been singled out. Carried Unanimously 20.2 An Ordinance Amending Section 325-20.C.(4) of Chapter 324 entitled “Zoning” of the City of Ithaca Municipal Code – the Regulations for the Location of Off-Street Parking Spaces – Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Hershey RESOLVED, that Ordinance 99 -_____ entitled “An Ordinance Amending Section 325-20.C.(4) of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code - the Regulations for the Location of Off-Street Parking Spaces” is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, on Wednesday, May 5, 1999, at 7:00 p.m., and be it further April 7, 1999 18 RESOLVED, that the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, that the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously ORDINANCE NO. 99 -____ NOW BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The Municipal Code of the City of Ithaca, New York Section 325-20.C.(4) of Chapter 325 entitled “Zoning” regulating the Off-Site location of required Off-Street parking spaces, of the City of Ithaca Municipal Code is hereby deleted and the following language shall be substituted for the deleted subsection: (4) Location requirements. [1] All parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, except that off-street parking for any use may be located off-site on another lot or parcel other than the lot or parcel on which the use is located or conducted within the distance and use district limitations as established by this subsection. The lot or parcel containing the off-site parking area must be connected to and accessible by vehicular traffic from a public street. Off-site parking cannot be counted toward compliance with the parking requirement for any other use except for those uses which the building commissioner has determined shared parking, as provided for in section 325-20.C.(5)(d), is appropriate. [2] Use district. An off-site parking area must be located on a lot or parcel located in a zoning district in which the use which requires the off-street parking is also a permitted use as a matter of right. Any off-site parking which is required for compliance with the parking requirement for a use which is permitted by use variance from the district regulations must also obtain a use variance for the off-site parking area. [3] Pedestrian passageway required. A pedestrian passageway must connect the lots or parcels of both the use and the off-site parking area. The pedestrian passageway must be a public sidewalk meeting the standards for public sidewalks or as otherwise approved by the Board of Public Works. April 7, 1999 19 [4] Distance from use. The distance from the lot or parcel containing the off-site parking area and the lot or parcel containing the use which requires the off-site parking shall be measured from parcel to parcel following and along the pedestrian passageway that connects the off-site parking area to the use. Pedestrian passageways that cross a public street shall be measured in a way that only crosses such streets at crosswalks or corner-curb aprons. The maximum distances of the pedestrian passage way shall vary by use and shall be no longer than as follows: (a) For mercantile uses, off-site parking lots or parcels must be within 250 feet of the lot or parcel on which the use is conducted. (b) For all other uses, off-site parking lots or parcels must be within 500 feet of the lot or parcel on which the use is conducted. [5] All land which is used to provide off-site parking must be restricted to that use only, for as long as the building is occupied by the use which requires off-street parking or until substitute parking, approved by the Building Commissioner, is provided. Evidence of such off-site parking shall be provided in the form of a recorded covenant, long-term lease or comparable document that is approved by the Building Commissioner. 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 20.3 Reprogramming $152,000 CDBG Funds – Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, it is necessary to reprogram $112,000 of CDBG funds from the third year increment of the 1996 multi-year award originally earmarked for the “Shared Residence for Seniors” activity that could not be implemented in a timely manner, and WHEREAS, it is also necessary to reprogram $40,000 of CDBG funds from the 1995 award originally earmarked for the “MHA/Northside Park Road” activity that was completed with City of Ithaca funds instead of CDBG funds, and WHEREAS, the IURA held a public hearing on December 16, 1998 to hear comments on uses for the CDBG funds to be reprogrammed and recommended the funds be earmarked for State Theatre accessibility renovations, house recycling of 108 Cleveland Avenue, and a financial feasibility analysis for developing additional rental housing units at Henry St. John building, now, therefore, be it RESOLVED, that the Common Council hereby authorizes and directs the Mayor to request approval from the U.S. Department of Housing & Urban Development for the following amendments to the 1995 CDBG Small Cities award and third year increment of the 1996 CDBG Small Cities awards: April 7, 1999 20 1. State Theater Accessibility Renovations: up to a $107,740 deferred loan to Historic Ithaca, Inc. to remove material and architectural barriers that restrict the mobility and accessibility of elderly or severely disabled persons at the State theatre located at 117 West State Street, $40,000 of such funding originated from the 1995 CDBG award and the remaining $67,740 originating from the third year increment of the 1996 CDBG multi-year award; 2. Ithaca Neighborhood Housing Services (INHS) House Recycling of 108 Cleveland Avenue: up to a $40,260 deferred loan to INHS to acquire a fire-damaged two-unit residential structure for the purpose of rehabilitation and use or resale for affordable residential use, such funding originating from the third year increment of the 1996 CDBG multi-year award; and 3. INHS Rental Housing Financial Feasibility Analysis: up to a $4,000 grant to INHS to complete a financial feasibility analysis of a proposal to construct new rental units at the INHS-owned Henry St. John Building located at 301 South Geneva Street, such funding originating from the third year increment of the 1996 CDBG multi-year award, and be it further RESOLVED, that the Mayor, upon the advice of the Director of Planning and Development and City Attorney, is authorized to execute all necessary and appropriate documents to request approval of these program amendments. Carried Unanimously 20.4 (A) An Ordinance Amending Chapter 276, Section 276-6 entitled "Site Development Plan Review" of the City of Ithaca Municipal Code, regarding Site Development Plan Review, Review Criteria--Declaration of No Significant Environmental Effect By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, an Ordinance amending sections 276, Section 276-6 "Site Development Plan Review" of the City of Ithaca Municipal Code, regarding Site Development Plan Review, Review Criteria 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 State Environmental Quality Review Act, and is a Type I 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 more fully set forth on the Short Environmental Assessment Form dated March 5, 1999 and be it further RESOLVED, that this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further April 7, 1999 21 environmental review is unnecessary under the circumstances, and be it further RESOLVED, that this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously 20.4 (B) An Ordinance Amending Chapter 276, Section 276-6 entitled "Site Development Plan Review" of the City of Ithaca Municipal Code, regarding Site Development Plan Review By Alderperson Blumenthal: Seconded by Alderperson Farrell ORDINANCE NO. 99 - _______ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Section 276-6. Review Criteria, G. of the City of Ithaca Municipal Code is hereby amended to read as follows: G. Review Criteria The project shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development and to screen or buffer adjacent uses in public ways. Where possible and reasonable, trees shall be planted in a strip adjacent to the road. The City Forester shall, when appropriate, be consulted regarding specifications governing tree species, size, spacing and method and location of planting. Appropriate guaranties for tree health may be required. Where possible and reasonable, any trees greater than ten (10) inches in diameter at breast height of desirable species and in good health and sound structure, as determined by the City Forester, should be retained on the site and protected during development per the requirements of §306-7B of Chapter 306, Trees and Shrubs. [Amended 12-5-1990 by Ord. No. 90-16] (1) Deciduous trees shall have at least a two- to three-inch caliper at the time of planting. Size of evergreen trees and shrubs shall be allowed to vary depending on location and type of plant material (species). (2) Only nursery grown plant materials shall be acceptable. All trees, shrubs, and ground covers shall be planted according to the accepted standards of the American Association of Nurserymen. (3) Dead, dying and/or seriously damaged plant materials shall be replaced within a reasonable time period during the current (or immediate next) planting season, by the owner when notified by the City that replacement is needed. This will assure that landscaping remains in compliance with the Final Site Plan as approved by the Planning and Development Board. Not withstanding anything to the contrary, an approved site plan may not be modified without express written approval of the Planning and Development Board. April 7, 1999 22 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. Alderperson Marcham noted that this Ordinance has stricter requirements than the City uses for street trees. Alderperson Shenk stated that the City has a special way of planting that is more successful for smaller trees. Alderperson Blumenthal stated that the City makes an effort to water the trees and ensure they survive. Carried 9-0 Alderperson Sams was absent during the vote 20.5. Economic Development Plan – Report Alderperson Blumenthal stated that the Planning Department agreed in principle with the direction that the plan proposes. 21. NEW BUSINESS 21.1 Dano’s Alcohol Permit Request By Mayor Cohen: Seconded by Alderperson Hershey WHEREAS, in 1998 the City of Ithaca issued a license to Dano’s Restaurant allowing that restaurant to utilize certain areas along Cayuga 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 Primary and Secondary 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 Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Dano’s Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 1999, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Dano’s Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $500,000.00 and the approval of an outdoor dining permit. Carried Unanimously 21.2 Appointment of Alternate to the Board of the Ithaca Downtown Partnership April 7, 1999 23 By Alderperson Hershey: Seconded by Alderperson Spielholz RESOLVED, That Susan Blumenthal be appointed as Ed Hershey’s alternate to the Board of the Ithaca Downtown Partnership. Carried Unanimously Mayor Cohen thanked City Controller Cafferillo for his two years of service on the Ithaca Downtown Partnership. City Controller Cafferillo had nominated Ed Hershey to replace him on the Ithaca Downtown Partnership Board. City Controller Cafferillo then handed out and explained the budget program and procedure for the year 2000. They are focusing on the years 2000-2004. The perimeters used for expenditures show approximately a 2% growth factor going forward. One of the primary adjustments made related to the 1999 budget’s significant revenues from Cornell’s building permits. He also adjusted the budget to take out a few large, onetime expenses made in 1999, for example two large pieces of capital equipment and a $250,000 allocation for roads and streets. Two final figures are shown: one without a property tax increase, and one with a tax increase. The tax base remains flat in his figures. The debt is projected based on the current average issuance per year. He then explained the impact of retirement payments on the debt. Mayor Cohen stated that any potential benefits that the City might gain from developments such as the Southwest Development area are not included. City Controller Cafferillo stated that on the revenue side, property tax is projected to increase, sales tax revenue is projected to grow at 2%, and there are many other unknown elements at this point. The City’s financial condition remains stable. They are having problems with their ability to fund activities they have agreed to provide, but the operating budget is stable. EXECUTIVE SESSION By Alderperson Vaughan: Seconded by Alderperson Marcham RESOLVED, That Common Council adjourn into Executive Session to discuss collective bargaining issues and a potential litigation issue. Carried Unanimously REGULAR SESSION Common Council reconvened into regular session at 11:20 P.M. with no items brought forth. ADJOURNMENT: On a motion the meeting adjourned at 11:20 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor