HomeMy WebLinkAboutMN-CC-1999-05-05
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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[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
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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
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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