Loading...
HomeMy WebLinkAboutMN-CC-1999-05-05 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. May 5, 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 Deputy Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray Police Chief – Basile Human Resources Director – Michell-Nunn Fire Chief – Wilbur Economic Development Director - MacDonald PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Resources Alderperson Manos requested the addition of Item 17.1 - Managerial Salary Increase Policy – Resolution No Council member objected. Budget and Administration Alderperson Marcham requested the deletion of Item 18.2 - Cable Franchise – Resolution and the addition of Item 18.7 - State Theater proposal – Resolution. No Council member objected. New Business Mayor Cohen requested the following additions: Survey presentation – Pulse of the city Two Executive Sessions regarding Personnel Items Discussion on a Small Capital Project Discussion on a proposal from Assemblyman Luster proposal Ira Gillett, representing the Industrial Labor Relations School at Cornell University, spoke about a statistical sample class survey conducted on the City of Ithaca government. The original plan was to survey public opinion of The Commons, but Mayor Cohen suggested they instead take the “Pulse of the City.” They narrowed the scope down to a survey rating of the city’s services and government. Of the 29,500 population, a sample was taken of 306 Ithaca residents (157 students and 149 non-students). The margin of error for each question was +/- 5.6%. The survey was conducted by telephone, and the numbers were generated randomly. In general the results were that people were neutral because they were not aware of the services or did not have opinions on them. The Ithaca Fire Department received a very high approval rate. Many people stated their desires to return The Commons to a street. The only question in which a negative response was greater than a positive response was asking whether the respondent thought the City of Ithaca had improved over the past five (5) years. The raw data is available on an information sheet for the public and the press. May 5, 1999 2 Discussion followed on the floor regarding the validity and reliability of the survey questions, process, and results. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Chapter 325 entitled “Zoning” Regulating the Off-Site Location of Required Off-Street Parking Spaces Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded By Alderperson Spielholz RESOLVED, That the public hearing to consider an ordinance amending Chapter 325 entitled “Zoning” regulating the off-site location of required off-street parking spaces be declared open. Carried Unanimously Cynthia Yahn stated that the ordinance appears to be targeted at Collegetown, but as it reads it affects the whole city and could make things difficult for development of the lower west end and could be interpreted as unfriendly to business. Resolution to Close Public Hearing By Alderperson Farrell: Seconded By Alderperson Vaughan RESOLVED, That the public hearing to consider an ordinance amending Chapter 325 entitled “Zoning” regulating the off-site location of required off-street parking spaces be declared closed. Carried Unanimously Designation of 1999 City of Ithaca Polling Locations By Alderperson Shenk: Seconded by Alderperson Spielholz RESOLVED, That the following locations be designated as City of Ithaca polling locations for the year 1999: 1999 POLLING LOCATIONS FIRST WARD 1st District Alternative Community School Chestnut Street 2nd District Alternative Community School Chestnut Street 3rd District Titus Towers II 800 S. Plain St 4th District South Hill School 520 Hudson St 5th District South Hill School 520 Hudson St SECOND WARD 1st District GIAC 300 W. Court St 2nd District GIAC 300 W. Court St 3rd District Central Fire Station 310 W. Green St 4th District Central Fire Station 310 W. Green St THIRD WARD 1st District Robert Purcell Union Jessup Road 2nd District Belle Sherman Annex Cornell St 3rd District Belle Sherman Annex Cornell St FOURTH WARD 1st District Class of '22 Hall 659 Stewart Ave 2nd District #9 Fire Station 309 College Ave 3rd District #9 Fire Station 309 College Ave FIFTH WARD 1st District Fall Creek School 202 King St 2nd District Fall Creek School 202 King St 3rd District Robert Purcell Union Jessup Rd 4th District Fall Creek School 202 King St Carried Unanimously May 5, 1999 3 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Marge Dill, Executive Director of Human Services Coalition – availability of service directory Richard Driscoll, Director of the Community Arts Partnership, stated that he supports the amendment to the Advisory Commission for Art and Design of Public Space. Reuben Weiner, Town of Ithaca – accolades for Mayor Cohen Joel Harlan, Town of Dryden – economic development concerns; crime prevention in the city Charles Geisler, Town of Dryden - Northeast Sub-area Transportation Study (NESTS). Daniel Hoffman, City of Ithaca – Smart growth and regional planning efforts; Northeast Connector proposal Fay Gougakis, City of Ithaca, thanked Mayor Cohen and everyone else involved for their efforts in Taste of the Nation.; Northeast Connector proposal ; Eco-Museum proposal for Stewart Park; Drug Eviction Ordinance; new Public Library design concerns RESPONSE TO THE PUBLIC: Alderperson Blumenthal responded to Cynthia Yahn, stating that the Ordinance was created from problems that arouse on South Hill, not specifically East Hill or Collegetown. The concerns about the West End will be addressed in the design plan. Alderperson Shenk stated that she would like to hear more about the City’s involvement and potential involvement in the NESTS project. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Hershey stated that the 5th Ward would hold a community meeting on June 1, 1999 at 7:00 P.M. at Fall Creek School. Alderperson Blumenthal stated that the Bryant Park Civic Association would meet on May 20, 1999 in the Belle Sherman School Annex at 7:30 P.M. Alderperson Sams stated that the City workshop on diversity for elected officials would occur on June 13, 1999 from 12:00 P.M. to 6:00 P.M. Alderperson Spielholz stated that the Collegetown Neighborhood Association meets on the second Thursday of each month at 4:00 P.M. in the basement of Sheldon Court. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen proclaimed the month of May as Community Wellness Month in the City of Ithaca. Mayor Cohen proclaimed the week of May 9th through May 15th as National Nursing Home Week in the City of Ithaca. Mayor Cohen proclaimed the month of May as Mental Health Month in the City of Ithaca. REPORT OF THE CITY ATTORNEY City Attorney Geldenhuys stated that the negotiations on the encroachment agreement with Telergy East should be considered next month. They will address tree cutting and protecting the city’s rights and interests while the ordinance is being drafted. May 5, 1999 4 She further reported that the Judge has reserved decision on the Drug Eviction Ordinance, a decision is expected in the next couple of weeks. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Fire Commissioners Cynthia Yahn stated that the MOU regarding two new fire fighter positions was signed by the Town of Ithaca. They have one new firefighter who will start May 17, 1999. The Trench Rescue Project training has been completed, most of the equipment has been received, and some of the equipment was used in the Aurora Street garbage truck incident. A new Tower Ladder truck was received and the factory training is finished. The rebid for two new pumper trucks will be held on May 11, 1999. Two (2) used aerial trucks are in the process of being sold. The water rescue boat and motor have been delivered. Supplied air respirators for confined space have been delivered and all shifts have completed training. The capital budget has been discussed, and a submittal has been made to the capital improvement request committee. Volunteer company contracts will be re-opened due to a change in the leadership structure for volunteer companies. Talks with Ithaca College have been opened regarding several aspects of fire protection in the Town of Ithaca. The City of Ithaca Fire Department provides fire service under contract to the Town of Ithaca, including Ithaca College. There was a meeting February 19, 1999 and a subsequent meeting on February 23, 1999, the latter of which included President of Ithaca College Peggy Williams. President Williams will take the matter under advisement and will present it to the Ithaca College Board of Trustees at their next meeting during May. Board of Public Works Alderperson Hershey stated that the Mayor has an acknowledgement from the New York State Department of Transportation that the City can post “No Truck” signs on certain byways of the City of Ithaca. CONSENT AGENDA ITEMS: 16.1 Chamberlain – Approval of Request for Proposals for Parking Ticket Issuance Equipment By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the City’s current Parking Ticket Issuance hardware and software is at least seven years old and is in need of upgrading and/or replacement to become Year 2000 compliant and more efficient, and WHEREAS, the City’s current financial software vendor, MUNIS, is creating parking ticket software for the City and has been given a July 1, 1999 deadline to complete the ticket software to the City’s satisfaction, and WHEREAS, City staff has reviewed the situation and is recommending the preparation of a Request for Proposals (RPF) that would include a proposal for a hardware parking ticket issuance package and a proposal for a complete hardware and software parking ticket issuance package should the MUNIS software not be completed by July 1, 1999; now, therefore, be it RESOLVED, That Common Council hereby approves the preparation of a RFP for Parking Ticket Issuance Software and Hardware, and, be it further May 5, 1999 5 RESOLVED, That City staff will review the proposals along with the MUNIS Parking Ticket Software status and make a recommendation for funding in July, 1999. Carried Unanimously 16. 2 Chamberlain – Approval of Correction to Tax Roll By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, vacant land on Elm Street, tax map number 76.-1-2.2, was incorrectly split into two parcels, 76.-1-2.21 and 76.-1-2-22, and all three tax map numbers appear on the tax roll, and WHEREAS, the property owners agree with the County Assessment Department on expunging the tax for parcel 76.-1-2.22 of $55.86 per installment; now, therefore, be it RESOLVED, That the City’s 1998 tax roll and tax bill for the City First and Second Installment for tax map number 76.-1-2.22 be corrected to reflect the duplicate parcel in the amount of $55.86 for each installment. Carried Unanimously 16.3 Chamberlain – Approval of Correction to Tax Roll By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the State Theater, tax map number 70.-6-5.2, is entitled to an exemption in the amount of $374,000, leaving a taxable value of $51,000, and WHEREAS, the exemption and taxable amount were reversed on the 1998 City Tax Roll and the theater was taxed on $374,000; now, therefore, be it RESOLVED, That the City First and Second 1998 Installment Tax Roll and tax bill for tax map number 70.-6-5.2 be corrected to reflect the error in the amount of $1,503.45 for each tax installment. Carried Unanimously 16.4 Chamberlain – Approval of Correction to Tax Roll By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, tax map number 43.-2-9.1, 700 Cascadilla Street, was split a number of times due to New York State appropriations for the West End Octopus project, and WHEREAS, the proportions of the property transferred to New York State were not clear to County Assessment until the final assessment rolls were prepared, and WHEREAS, the amount of tax reduction should be $124.28 to each City installment, based on the final assessment; now, therefore, be it RESOLVED, That the City’s First and Second Installment Tax Roll and tax bill for tax map number 43.-2-9.1 be corrected to reflect the reduction in assessment in the amount of $124.28 for each City tax installment. Carried Unanimously 16.5 Youth Bureau – Request to Amend Youth Development Budget By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the City Youth Bureau has been advised by Ithaca City School District that the City will be received a grant in the amount of $1,990 to support and expand the work that has been done through a Twenty-first Century Grant – A Bridge Across Cultures, and WHEREAS, the funds will allow for a new summer component to the program; now, therefore, be it RESOLVED, That Common Council hereby amends the 1999 Youth Bureau Youth Development Budget as follows: May 5, 1999 6 Increase Revenue Account: A7310-3820-1240 State Aid Youth $1,990 Increase Appropriation Accounts: A7310-5120-1240 P/T Seasonal $1,530 A7310-5460-1240 Program Supplies 300 A7310-9030-1240 Social Security 117 A7310-9040-1240 Workers’ Comp. 43 Carried Unanimously 16.6 Youth Bureau – Request to Amend Youth Recreation Budget By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the Kiwanis Club had previously handled the Shirt and Hat program, and WHEREAS, the City Youth Bureau will now be ordering and purchasing Kiwanis Shirts and Hats to increase the efficiency of the program, and WHEREAS, the cost of said program will be $4,000, which will be offset by program revenue; now, therefore, be it RESOLVED, That Common Council hereby amends the 1999 Youth Bureau Recreation Budget as follows: Increase Revenue Account: A7310-2012-1535 Recreation Concession $4,000 Increase Appropriation Account: A7310-5460-1535 Program Supplies $4,000 Carried Unanimously 16.7 Finance/Controller – Request Funds for Y2K Telephone Accounting System By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the City Hall Telephone System has been using the current call accounting computer and software since 1990 and both have been determined not to be Year 2000 compliant, and WHEREAS, the City has received quotes for Year 2000 compliant telephone call accounting software and a Windows NT machine at an estimated cost of $2,495, and WHEREAS, the software and computer were not anticipated as part of the current Year 2000 Capital Project; now, therefore, be it RESOLVED, That an amount not to exceed $2,495 be transferred from the Y2K Restricted Contingency account A1990 to account A1315-5210 for the purpose of purchasing said Year 2000 equipment and software. Carried Unanimously REGULAR AGENDA ITEMS: 17. HUMAN RESOURCES COMMITTEE: 17.1 Managerial Salary Increase Policy By Alderperson Manos: Seconded by Alderperson Shenk WHEREAS, Common Council, on March 4, 1998 adopted a procedure for requesting salary increases for managerial employees not covered by a bargaining unit, and WHEREAS, City employees have requested review of the managerial increases policy to include an appeals process and an opportunity to appear before the sub-committee assigned to consider the managerial increase request, and May 5, 1999 7 WHEREAS, A Common Council subcommittee has revised the procedure for requesting salary increases for managerial employees not covered by a bargaining unit, and WHEREAS, the draft procedure has been reviewed and approved by the Human Resources Committee and the Budget and Administration Committee, and WHEREAS, Senior staff, including the Director of Human Resources, has had the opportunity to review and comment on the revised procedure; now, therefore be it RESOLVED, That Common Council hereby approves the following revised procedure for requesting salary increases for managerial employees not covered by a bargaining unit, to become effective May 5, 1999. Carried Unanimously PROCEDURE FOR REQUESTING SALARY INCREASES FOR MANAGERIAL EMPLOYEES NOT COVERED BY A BARGAINING UNIT SUBMISSION AND APPEAR PROCEDURE Requests for a salary increase must be in writing and should address the criteria outlined below. Requests should be submitted to the Director of Human Resources. A copy of the request should also be provided to the head of the department affected or, if the department head is making the request on his/her own behalf, to the Mayor. The Director of Human Resources will distribute copies of the request to the Budget and Administration Committee. Requests for salary increases should be submitted to the Director of Human Resources no later than March 15th of any given year. The Director of Human Resources will place the requests on the agenda of the next regularly scheduled Budget and Administration Committee meeting. The Budget and Administration Committee will appoint a sub- committee to review the request and make a recommendation to the Budget and Administration Committee for a vote at its June meeting. The sub-committee will provide opportunity for those requesting increases to present their requests in person. Any salary increases that are granted will take effect upon approval by Common Council. Within twenty-four hours of the June Budget and Administration Committee meeting, the Human Resources Department will notify applicants, in writing, of the Committee’s decision. Appeals must be filed in writing with the Director of Human Resources before the July Common Council meeting. Upon receipt of the appeal, that request will be withdrawn form the Common Council agenda for further consideration by the full Budget and Administration Committee at their next regularly scheduled meeting. CRITERIA FOR GRANTING AN INCREASE A request for a salary increase must meet one of the follow criteria: 1. The job must have permanently and materially changed. A material change refers to the permanent addition of significant new and different responsibilities which are performed regularly and have become a substantial part of the employee’s job. 2. There has been high turnover in the position which, upon review, may have been caused by low salaries. 3. It can be demonstrated that the salary is not equitable when reviewed against either the internal managerial salary structure or an appropriate selection of external salary structures. The sub-committee in conjunction with the Human Resources Department shall determine the appropriate salary structures with which comparisons are to be made. May 5, 1999 8 CRITERIA THAT WILL NOT BE USED FOR GRANTING AN INCREASE 1. A request to expand a managerial employee’s workweek from 35 to 40 hours and provide a corresponding salary increase. All managerial positions will be converted to 40 hour positions as turnover occurs. 2. Merit. Common Council will not grant merit increases because there is currently no fair way to judge merit. 18. BUDGETS AND ADMINISTRATION COMMITTEE: 18.1 Youth Bureau – Request to Establish Trust Fund Account for One-to-One Program By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the One-to-One Program has committed to raising $24,000 in calendar year 1999 and anticipates similar fund raising campaigns in future years, and WHEREAS, One-to-One must ensure to those who contribute dollars to the program and those who contribute time and energy to fundraising that all funds raised will directly benefit the One-to-One Program; now, therefore, be it RESOLVED, That Common Council hereby establishes a Trust Fund Account Friendship Fund, which will be a sub-account of the Youth Bureau’s ECHO Fund assigned exclusively to the One-to-One Program, and, be it further RESOLVED, That all funds raised in behalf of One-to-One shall be deposited in the Friendship Fund with the following operating procedures: 1) each year an amount equal to the “contributions” line item of the One-to-One portion of the Ithaca Youth Bureau budget shall be transferred from the Friendship Fund to the City’s general fund as fulfillment of the program’s fundraising commitment; 2) the balance in the Friendship Fund shall remain in place, to be used for special projects or needs or to be applied to future years; 3) management of the Friendship Fund is delegated by the Youth Bureau Board to a One-to- One Advisory Council with oversight by the Ithaca Youth Bureau Director; and 4) the Director shall monitor One-to-One’s progress in meeting its revenue obligations to the City as listed in the Ithaca Youth Bureau budget. Carried Unanimously 18.3 GIAC – Request Funds for GIAC Copier Replacement By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the copier machine at GIAC has quit, and is in need of a replacement, and WHEREAS, a replacement machine will have an estimated cost of $9,100 including trade- in and maintenance credits; now, therefore, be it RESOLVED, That Common Council hereby approves an amount not to exceed $9,100 be transferred from account A1990 Unrestricted Contingency to account A7311-5210-1100 for the purpose of purchasing a new copier machine at GIAC. Carried Unanimously 18.4 Approval of 2000 Guidelines for Community Service Funding By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the City of Ithaca has in the past appropriated funds to agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That the Budget and Administration Committee of Common Council be authorized to review all 2000 requests for non-mandated city funding from private, non- profit agencies that are not subject to Human Services Coalition review, and be it further May 5, 1999 9 RESOLVED, That the following requirements and criteria shall be applied to all such requests: Requirements 1. All applications for 2000 funding must be submitted in writing to the City Controller by June 15, 1999. 2. Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic, and/or environmental well being of city residents, in terms as specific as possible. Information presented should include the groups or individuals to be served, the number of people to benefit from the activity, and the duration of the benefit (long term or short term). 3. A) Each application must include budgets for 1999 and 2000, financial reports from 1997 and 1998, and an enumeration of other funding sources. B) The applications should also include a count of individuals served, by municipality, for prior years, and a report on any positive impacts and benefits. C) The application must include a description of methods for measuring positive outcomes from 2000 funding. Criteria and Evaluation Scoring The Committee shall assign points for the degree to which the proposed use of City funds meets each of the following criteria. If the applicant does not supply sufficient information for the Committee to make a judgment, the proposal shall receive zero points in each such case. These criteria and evaluation scores will be used by the Budget & Administration Committee as guidelines in evaluating requests for funding: 1. The proposed activity will benefit the social, cultural, economic and/or environmental well being of residents of the City of Ithaca. 2. A) The proposal will service city residents in proportion to City funding requested. B) The sponsor of the proposed activity: 1. has received funding, or 2. is reasonably assured of receiving funding, or 3. has made a good faith effort to receive funding from the County, appropriate towns, school districts, or other funding sources in proportion to non-city residents served. 3. The proposed activity will serve an identified need in the city and does not duplicate another service. 4. The proposed activity is designed to effectively meet the needs of those to be benefited; and the proposal includes measurable objectives and outcomes. 5. The applicant demonstrates sound management practices. 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the disabled. 7. The proposed activity will produce a long-term benefit. May 5, 1999 10 Now, therefore, be it RESOLVED, That by August 2, 1999, the Budget & Administration Committee shall forward its recommendations to the Mayor for consideration in the 2000 budget. Carried Unanimously 18.5 Stewart Park Food and Carousel Concession – Report Alderperson Marcham stated that Challenge Industries has expressed interest in operating the concessions in the summer of 1999, and the City is still waiting for final details. 18.6 Managerial Pay Raise Subcommittee - Report Alderperson Marcham stated that Alderpersons Sams, Shenk, and Hershey have agreed to serve on the Budget and Administration sub-committee. They have received five (5) requests for consideration of pay raises. The committee will start work this month. 18.7 Common Council – Request Funding for Architectural Utilization and Preservation Plan By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, Historic Ithaca, Inc., the owner of the State Theater, plans to hire an architectural firm to produce a plan for the architectural utilization and preservation of the State Theater, in order to bring the State Theater back into operation as a performing arts center; WHEREAS, this plan is the first step in the restoration process of the State Theater; and WHEREAS, the State Theater is an asset to downtown Ithaca, and an important component in the revitalization of downtown Ithaca; and WHEREAS, architectural firms have provided estimates in the sum of $50,000.00 for drafting the plan, now, therefore, be it RESOLVED, That the City of Ithaca agrees to pay to Historic Ithaca, Inc. the sum of $50,000.00 as and for the architectural fees to produce the plan, and, be it further RESOLVED, That the sum of $39,000 be transferred from Account A1990 (Unrestricted Contingency) to Account A1012 (Community Service Agencies), and that the sum of $50,000.00 be paid to Historic Ithaca, Inc. from Account A1012 (Community Service Agencies). Extensive discussion followed on the floor about providing the money to Historic Ithaca and whether or not there would be funding from other sources. Further discussion followed on the importance of the State Theater to revitalizing downtown Ithaca. Carried Unanimously COMMUNITY ISSUES COMMITTEE: 19.1 Postering Sub-Committee – Update Alderperson Taylor stated that a sub-committee has been established, with Diann Sams as chair. Alderperson Sams stated that another sub-committee was established which has been charged with contacting Dick Charsky of New York State Electric and Gas to request that certain utility poles be painted to designate them as poles for postering as has been done in Providence, Rhode Island. May 5, 1999 11 19.2 NESTS Proposed Roadway to Route 79 – Discussion – Alderperson Taylor stated that she would like to have an elected city official appointed to the client group for the NESTS study to represent the City’s interests. Mayor Cohen stated that the NESTS study is being conducted under the Metropolitan Planning Organization (MPO). Stuart Stein is Chair of the MPO, and a member of the client committee. Requests should be directed to him. If passed, the MPO would go to the Transportation Improvement Program (TIP), which includes the City, and the vote is by consensus. Alderperson Hershey stated that the Ithaca Downtown Partnership has invited representatives of the advocacy for this Northeast Connecter, and a group who has risen in opposition to come to its meeting on May 18, 1999. Alderperson Taylor stated that the working group would be presenting their plans and recommendations on May 13, 1999. Mayor Cohen stated that he would write a letter requesting that an elected official from the City be present. Alderperson Sams nominated Alderperson Taylor to serve. Alderperson Taylor stated she would be willing. RECESS Common Council recessed at 8:45 p.m. RECONVENE Common Council reconvened into regular session at 8:55 p.m. 20. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 20.1 An Ordinance Amending Section 325-3 of Chapter 325 Entitled “Zoning” and Repealing Section 210-8 of Chapter 210 Entitled “Housing Standards” of the City of Ithaca Municipal Code – Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, That Ordinance 99-_____ entitled "An Ordinance Amending Section 325-3 of Chapter 325 entitled "Zoning" and repealing Section 210-8 of Chapter 210 entitled "Housing Standards" of the City of Ithaca Municipal Code" is introduced before the Common Council of the City of Ithaca, New York, and be it further. RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, June 2, 1999 at 7:00 P.M. 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 15 (fifteen) 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 is as follows: May 5, 1999 12 AN ORDINANCE AMENDING SECTION 325-3 OF CHAPTER 325 ENTITLED “ZONING” AND REPEALING SECTION 210-8 OF CHAPTER 210 ENTITLED “HOUSING STANDARDS” OF THE CITY OF ITHACA MUNICIPAL CODE. WHEREAS, the City Code of the City of Ithaca provides for the regulation of occupancy of dwelling units for purposes of promoting the public health, safety and welfare of the community, including the protection and preservation of the property and neighborhoods of the City and its inhabitants and of peace and good order, now, therefore, be it BE IT ORDAINED AND ENACTED by Common Council of the City of Ithaca, New York, as follows: SECTION 1: REPEAL. The provisions of section 210-8 of Chapter 210 of the City of Ithaca Municipal Code are hereby repealed. SECTION 2. Section 325-3 of the Ithaca Municipal Code is hereby amended as follows: The definition of OCCUPANT shall be modified to read: “OCCUPANT – a person that is permitted to occupy a dwelling unit or building, and who is at least seventeen years of age. For the purposes of this subsection: 1. An “unrelated” occupant is an person who is not a member of the same family or functional family unit as other occupants in a dwelling unit or building. 2. A “sleeping room” is a room meeting the definition of habitable space, used and intended for sleeping, and which is completely enclosed and separated from other spaces in the dwelling unit by walls and a door or doors so as to provide privacy for the occupant or occupants. A. In dwelling units, the number of unrelated occupants shall be limited to the number determined on the basis of the floor areas of habitable space, other than kitchens and bathrooms, as shown in the following table: B. TYPE OF SPACE NUMBER OF PERSONS 1 2 3 4 OR MORE Sleeping room Minimum Square Feet 80 120 180 240 plus 60 for each additional person AND Dwelling unit (other than kitchens and bathrooms) Minimum square feet 150 250 350 450 plus 100 for each additional person In dwelling units with no separate sleeping rooms, such as “studio” apartments, the sleeping room requirement shall not apply. Studio apartments shall comply with the requirements for a dwelling unit set forth above. May 5, 1999 13 B. In lodging units, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. C. In buildings occupied as clubs, dormitories, sorority or fraternity houses or cooperative houses and providing sleeping accommodations for more than five (5) persons, the maximum number of occupants so accommodated in any sleeping room shall be limited to the number determined on the basis of the floor area, in square feet, of the room divided by sixty (60) square feet per occupant. D. The provisions set forth in this section shall apply in addition to any other provisions of Municipal Code applicable to each zoning district. Section 8. Effective Date This Chapter shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. 20.2 AN ORDINANCE REPEALING CHAPTER 5 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED “ADVISORY COMMISSION ON ART AND DESIGN FOR PUBLIC SPACE” AND REPLACING IT WITH CHAPTER 5 ENTITLED “CITY OF ITHACA COMMISSION ON PUBLIC ART AND DESIGN”. By Alderperson Blumenthal: Seconded by Alderperson Hershey ORDINANCE 99 – SECTION 1. Chapter 5 of the City of Ithaca Municipal Code entitled “Advisory Commission on Art and Design for Public Space” is hereby repealed. SECTION 2. The following language hereby constitutes a new Chapter 5 entitled “City of Ithaca Commission on Public Art and Design”: § 5-1. Creation. The Common Council of the City of Ithaca hereby creates a Commission that shall be known as the "City of Ithaca Commission on Public Art and Design", hereinafter referred to as the "Commission." § 5-2. Purpose and duties. The purposes and duties of the Commission shall be as follows: A. To establish a plan and mechanisms for implementation of a public art program to enrich the visual and aesthetic environment of public, private, and semi-public spaces within the City of Ithaca. B. To initiate and develop proposals, to receive recommendations, and to solicit contributions for additions to the existing collection of art in public places. C. To develop criteria for the selection and acquisition of new works of art, criteria which relate to, but are not limited to: economic feasibility, maintenance, security, and aesthetics. D. To select acquisitions and contributions of public art that meet the selection criteria, and to determine whether to accept unsolicited contributions of art and where they may be located. E. Appropriate locations and elements of the environment that the Commission will consider or promote for the placement of public art may include but will not be limited to: (1) Outdoor public spaces. (2) Publicly owned buildings, interior and exterior. (3) Privately owned outdoor public space, with the agreement of the owner. May 5, 1999 14 (4) Privately owned semi-public interior spaces, with the agreement of the owner. (5) Public works projects, e.g., parking facilities, bridge improvements, and lighting, acting in cooperation with other City departments. F. To replace and take over the responsibilities of the Centennial Arts Commission and as such to oversee the maintenance of the Centennial art collection; find appropriate public places for the display of this collection; and, where appropriate, see that the works are appropriately displayed in places with adequate security and that the works are marked with plaques containing the title of the work, the artist and, where appropriate, a notation that the work was a part of the Centennial Collection developed during the City's centennial year of 1988. G. To submit an annual report to the Common Council and to the Board of Public Works and to report on a regular basis to the Mayor. § 5-3. Membership; terms; vacancies; officers; compensation. A. The Commission shall consist of seven (7) members, all of whom shall be voting members, appointed by the Mayor subject to the approval of the Common Council. One (1) member shall be a member of Common Council. One (1) member shall be a representative of the Board of Public Works. Of the remaining five (5) members, at least three (3) shall be residents of the City of Ithaca. Three (3) members of the Commission shall be professionals from the field of design, visual arts, architecture, and landscape architecture. The Director of the Community Arts Partnership of Tompkins County, or its successor, shall serve as a non-voting ex-officio member. The Mayor may make other non-voting ex-officio appointments as deemed necessary and appropriate. B. The five (5) members who are not appointed as city officials shall be appointed for terms of three (3) years, except that the terms of the first Commission members shall be for such lesser periods of time as to provide appropriate staggered rotation and continuity. Vacancies on the Commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by expiration of term of office shall be filled only for the remainder of the unexpired term. C. The Commission shall have a chairperson and a vice chairperson who shall be appointed by the Mayor. D. The members of the Commission shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor. § 5-4. Meetings; records. The Commission shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in § 5-2 of this chapter. SECTION 3. EFFECTIVE DATE This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously May 5, 1999 15 20.3 (A) An Ordinance Amending Chapter 325 Entitled “Zoning” Regulating the Off-Site Location of Required Off-Street Parking Spaces – Declaration of No Significant Environmental Effect – Resolution - To be handed out at meeting By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, an Ordinance entitled “An Ordinance Amending Chapter 325 Entitled “Zoning” Regulating the Off-Site Location of Required Off-Street Parking Spaces of the City of Ithaca Municipal Code has been submitted to Common Council for consideration, and WHEREAS, the proposed action is an “unlisted” action under the State Environmental Quality Review Act and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated March 25, 1999 and, be it further RESOLVED, That Common Council of the City of Ithaca as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and, be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and is hereby directed to file a copy of the same, together with the attachment, in the City Clerk’s Office and forward the same to any other parties as required by law. Carried Unanimously 20.3(B) An Ordinance Amending Chapter 325 Entitled “Zoning” Regulating the Off- Site Location of Required Off-Street Parking Spaces By Alderperson Blumenthal: Seconded by Alderperson Farrell 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 also be counted toward compliance with the parking requirement for any other use except for those uses which the building commissioner has determined that shared parking is appropriate, as provided for in section 325-20.C.(5)(d). May 5, 1999 16 [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, in these instances the notice requirements of this chapter shall apply to all lots if a use variance is required. [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. [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. Extensive discussion followed regarding which areas do not have on-street parking, such as the West End. The Inlet Island Plan and the West End Plan will address these parking issues and discussions will be held within the next few months. A vote on the Ordinance resulted as follows: Carried Unanimously 20.4 Route 13 Bridge – Report Alderperson Blumenthal stated that multi-modal funds were received from Senator Seward and Assemblyman Luster’s office in 1996 in the sum of $250,000. The money will be allocated for a bridge to be placed across Route 13 at the end of the Black Diamond Trail, which will then move south. The bridge will connect the end of the trail at the railroad abutment and then connect with the South Hill recreation way. The Planning Department staff has been working with Rick Brennan on the design and choice of material for the bridge. It will be a pre-fabricated structure. The review will go to the Planning Board’s Codes Committee to talk about the aesthetic issues. The Board of Public Works will have approval for the design, and they will award the bid. Construction is targeted to start in late summer or early fall, and the money needs to be spent by March 2000. The recommended structure has an iron-wood bridge deck. May 5, 1999 17 The estimate from the Continental Bridge or a through-trust bridge with painted galvanized metal for a price of $185,000.00. That bridge would be 8’ wide. They need to do 10’ wide because of Department of Transportation requirements. The through-trust bridge has to have a colored vinyl top on it and chain link fence on side walls per New York State Department of Transportation requirements. Regarding the South Hill Spur, there is some lack of clarity about who would provide funds for that. The New York State Office of Parks and Recreation has indicated that they thought the City would build and maintain the Spur. There is no formal written agreement as of yet and the issue will have to be negotiated. The City has promised a $100,000 contribution towards the Clinton Street Bridge, across the flood control channel that will be used as part of the Black Diamond Trail. The money has not been earmarked but the State Park office has indicated they will need the money within about two years. Planning and Development Director Van Cort stated that the bridge has been in planning before multi-modal funding was a thought. It is the link that ultimately will connect the Black Diamond Trail to the South Hill Trail, and from there to the trails in Danby. It is the only direct connection that will allow the whole Western side of the trail system to connect to the Eastern site. It will be a critical component to the whole system in the long run. 20.5 Traffic Calming - Report Alderperson Blumenthal stated that they have received a $250,000.00 grant from Assemblyman Luster. The Planning Department is talking with two consultants, who will be speaking with the Department of Public Works Staff and members of the Traffic Calming Committee and Planning Committee. The study will be done in the spring. The money can only be spent on capital projects with a service life of 10 years or more. Five sites in particular have been targeted at this point: including Buffalo Street and Dey Street. Planning and Development Director Van Cort stated that the expenditures must be substantially completed by March of 2000. The sites were selected by the committee which includes members of the Board of Public Works and elected officials. NEW BUSINESS: 21.1 Viva Taqueria’s Alcohol Permit Request – Resolution By Alderperson Farrell: Seconded by Alderperson Hershey WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the 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 the Viva Taqueria 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 the Viva Taqueria May 5, 1999 18 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 EXECUTIVE SESSION By Alderperson Hershey: Seconded by Alderperson Shenk RESOLVED, That Common Council adjourn into Executive Session to discuss Personnel issues. REGULAR SESSION Common Council reconvened into regular session and the following item was brought forth. Provisional Appointment of Assistant City Attorney - Resolution By Alderperson Vaughan: Seconded by Alderperson Spielholz RESOLVED, That Patricia Dunn be provisionally appointed to the position of Assistant City Attorney at a 1999 Management Compensation Plan salary of $55,000.00 effective May 10, 1999, and be it further RESOLVED, That the City Controller is authorized to make any necessary budget transfers. Carried Unanimously 22.UNFINISHED AND MISCELLANEOUS BUSINESS: Mayor Cohen stated that on May 12, 1999, Assemblyman Luster is chairing a committee to discuss ways for the State legislature to compensate municipalities who are mandated to provide fire services in cases where they have property that is tax exempt. Alderperson Spielholz volunteered to attend the meeting in place of Mayor Cohen, who will be out of the country. Acting Mayor Blumenthal will not be able to attend the meeting, however Alternate Acting Mayor Manos will attend. Mayor Cohen stated that Time Warner has $20,000.00 for Government Access improvements that they would like to earmark specifically for new equipment for Council Chambers. The City would need to establish a capital project, and provide a space for the new equipment. He will get a cost estimate soon. Members of Council agreed that the project would be very effective and supported the construction of a media booth. 24. ADJOURNMENT: On a motion the meeting was adjourned at 10:35 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor