Loading...
HomeMy WebLinkAboutMN-CC-1999-07-07 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M July 7, 1999 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey Manos, Farrell, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys City Controller – Cafferillo Building Commissioner – Eckstrom Planning and Development Director – Van Cort Fire Chief – Wilbur Deputy Fire Chief – Dorman Assistant Superintendent of Public Works – Fabbroni City Chamberlain – Parsons Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Add item 18.5a - Selection of Sub-Consultant for IAWWTP Engineering Services Add item 18.15 - Chamberlain’s Office - Request Salary Adjustment for Acting City Chamberlain Add items 18.7a and 18.7b. - New Business Add item 20.1 Fuel Consortium - Authorization to Sign Planning and Development Add Report on Bicycle Plan No council member objected SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Section 325-4 the “Establishment of Zoning District MH-1” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Vaughan: Seconded by Alderperson Taylor RESOLVED, That the public hearing to consider an ordinance amending Section 325-4 the “Establishment of Zoning District MH- 1” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That the public hearing to consider an ordinance amending Section 325-4 the “Establishment of Zoning District MH- 1” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code be declared closed. Carried Unanimously Public Hearing to Consider a Local Law Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for a Temporary Moratorium on the Establishment of New Adult Uses or the Expansion of Existing Adult Uses Resolution to Open Public Hearing By Alderperson Manos: Seconded by Alderperson Taylor RESOLVED, That the public hearing to consider a Local Law Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for a Temporary Moratorium on the Establishment of New Adult Uses or the Expansion of Existing Adult Uses be declared open. Carried Unanimously Fay Gougakis asked questions regarding the time limit of the Moratorium. Resolution to Close Public Hearing By Alderperson Taylor: Seconded by Alderperson Shenk RESOLVED, That the public hearing to consider a Local Law Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for a Temporary Moratorium on the Establishment of New Adult Uses or the Expansion of Existing Adult Uses be declared closed. Carried Unanimously Julie - I’m not sure what to do here as there isn’t a resolution to go with these amendments. It’s a public hearing. I’ll leave them for you to leave in or take out. Alderperson Hershey stated that he would like to strike from paragraph 2 of section 2 lines 8 and 9 the words “necessary services and facilities, especially as such relates to,” so that in keeping with the rest of the Moratorium, which speaks to parking, and he is very concerned that they not get involved in it. By Alderperson Hershey: Seconded By Alderperson Manos Alderperson Blumenthal stated that she is not clear about what the problem of having that in there is because there are services and facilities that relate to parking as well. Alderperson Hershey stated that “especially as such relates to” suggests that there could be other studies besides parking. They are authorizing a 12-month Moratorium to study parking. Implicit in that, traffic also gets studied with parking, because vehicular volume is being studied. He is concerned that this seems to open the door to studying other things which he thinks are not necessary. Alderperson Sams asked Alderperson Hershey if the same goal would be achieved with the striking of the word “especially.” Alderperson Blumenthal stated that if they talk about traffic and parking later, it does not relate to neighborhood residence. Alderperson Hershey stated his concern about non-residents coming from out of the area and not being able to park in the areas around the Commons. He stated he would be willing to add that to his amendment and also strike “neighborhood residences.” Mayor Cohen stated that technically that must be done as a different amendment. Alderperson Shenk asked if “the city to provide” is the right phrase, or if they should use “ensure” instead of “provide.” Alderperson Hershey stated that he would like to strike the words “neighborhood residence” from the Moratorium. By Alderperson Hershey: Seconded By Alderperson Manos Carried Unanimously Mayor Cohen stated that the amendment is to add “and traffic” to 5C. By Alderperson Blumenthal: Seconded By Alderperson Vaughan Alderperson Manos stated that if they add “traffic”, they have to address the problems that they have already heard about from neighbors. In another area of the city, which is on the flats, notably the South Albany Street area, their concerns have been dumped into the GEIS. They asked for them to be considered separately, they asked for their concerns to be for the already existing traffic problems caused by the building of the new Wegmans, all the new building on Elmira Road and Meadow Street. Instead, they are in the GEIS, they have had to wait. She stated that they have not even discussed the Moratorium itself, but have instead gone straight to the changes. A Moratorium to her is overkill, but if they are going to add traffic issues she cannot possibly vote for it. She has people in her ward who are dying for relief from trucks who are shaking their houses as they drive past, trucks that are on illegal streets in the first place, people whose house values have gone way down in the past couple of years, people who are screaming for relief. Here the Council is, looking at a parking situation and asking for a Moratorium and now wanting to add “traffic.” She does not feel they are listening to their residents equally. Alderperson Hershey stated that he did not mean to imply that they turn it into a full-blown traffic study and he is going to vote against the amendment. Alderperson Blumenthal withdrew her amendment. Alderperson Vaughan withdrew her second. Alderperson Spielholz stated that in Section 10 of the Local Law, Number 8 general City law, the site plans can be reviewed. Mayor Cohen stated that to be consistent, they would need to remove the word “review” and replace it with “approve.” By Alderperson Spielholz : Seconded By Alderperson Shenk Carried Unanimously Alderperson Vaughan stated she would like to move that the effective date is that an application has to have been filed no later than July 5th, 1999. By Alderperson Vaughan: Seconded By Alderperson Spielholz Vote 6-5-Carried Mayor Cohen Voted to Break the Tie Vote on resolution as amended. Carried Unanimously Vote to remove the resolution from the table. By Alderperson Spielholz: Seconded By Alderperson Blumenthal Carried Unanimously Alderperson Hershey offered an amendment that reserves for Common Council the ability to approve the scope of the study and the actual contract of the study. Alderperson Blumenthal stated that she is going to meet about the parking study tomorrow to look at the information they already have and review who could do that. There are complexities in terms of verification of what they are trying to find out, and she is not sure a whole analysis could be done internally. Mayor Cohen stated that he would like to save money and do the study in-house, but he would be concerned about their ability to conduct the study in a timely way given all the other things on the work program of the planning department right now. Vote for Public Hearing. 9-0-1 Alderperson Sams abstained Amending Resolution: By Alderperson Hershey: Seconded By Alderperson Manos RESOLVED, That the city should adopt the Collegetown Zoning Moratorium, and be it further RESOLVED, That the scope of, and contract for, the parking study be authorized and approved by Common Council. Carried Unanimously MAYOR'S APPOINTMENTS: Youth Bureau Board By Alderperson Shenk: Seconded by Alderperson Blumenthal RESOLVED, That Amity Weiss be appointed to the Youth Bureau Board with a term to expire December 31, 2001. Carried Unanimously Planning Board By Alderperson Manos: Seconded by Alderperson Hershey RESOLVED, That Jeff Anbinder be appointed to the Planning Board with a term to expire December 31, 2001. Carried Unanimously Ithaca Housing Authority Board By Alderperson Hershey: Seconded by Alderperson Vaughan RESOLVED, That John Perko be appointed to the Ithaca Housing Authority with a term to expire October 17, 2001. Carried Unanimously By Alderperson Shenk: Seconded by Alderperson Blumenthal RESOLVED, That Carol Terrizzi be appointed to the Ithaca Housing Authority with a term to expire ____________________. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people spoke in opposition to the Collegetown Moratorium: Christopher Anagnost, City of Ithaca Mack Travis, City of Ithaca The following people spoke in support of the Collegetown Moratorium: Frances Weisman, City of Ithaca Mary Tomlan, City of Ithaca Michael Dole, Bryant Park area Fay Gougakis, City of Ithaca Hwasuk Choong, City of Ithaca, spoke about 24 hr. parking at his residence of 226 South Geneva Street Joel Harlan, City of Ithaca, spoke about Collegetown, Cornell, noise, and Lake Source Cooling. Dan Hoffman, City of Ithaca, is opposed to the Green Street site for the proposed Transit Center. David Nutter, City of Ithaca, stated that Collegetown needs a grocery store to alleviate the number of cars. Also, he stated that the Board of Public Works is re-designing the Bicycle Plan with faulty information. RESPONSE TO THE PUBLIC: Alderperson Shenk responded to comments regarding the people at GIAC. She supports a limited scope of the Collegetown moratorium. She agrees that the City needs to act now on the new Transit Site. She further agreed that the City may have to lose some parking with the proposed Bicycle Plan. Alderperson Farrell stated that three members of Council are on the Transit Committee and that she agrees that the design plan needs to be reviewed and public input will be requested. Alderperson Blumenthal stated that the Collegetown Moratorium would cause cumulative traffic and parking problems. Alderperson Marcham agreed that Mayor Cohen, the Planning Commission and Board need to take the lead on the Transit Site. Most council members know about the Mayor’s Special Committee. Alderperson Spielholz stated that grant funds need to be obtained before the City can even discuss locations. Alderperson Sams stated that she hopes the plan will be flexible even if the City gets the Grant. Mayor Cohen stated that his Special Committee consists of Alderpersons Manos, Farrell, Blumenthal and Speilholz; as well as the IDP Director and a downtown merchant. Report of the City Attorney City Attorney Geldenhuys reported on the following: The Drug Eviction Ordinance is being appealed to the Appellate Division. The City of Ithaca is appealing Green vs. Board of Zoning Appeals to find out if the City passed legislation and applied it retroactively. They closed on another substitute parcel, and two parcels are still not acquired. REGULAR AGENDA ITEMS: HUMAN RESOURCES COMMITTEE: By Alderperson Manos: Seconded by Alderperson Hershey A Local Law Amending Chapter 90 of the City of Ithaca Municipal Code by Adding a New Article XI Regarding Merit Awards for City Employees Local Law No. __________ of 1999 City of Ithaca BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK AS FOLLOWS: ARTICLE XI MERIT AWARD BOARD 90-69. Findings. The Common Council of the City of Ithaca finds that the productivity, creativity and efficiency of city employees will be advanced by the creation of a mechanism for merit awards for city employees. It is further found that private employers often award exceptional service with a commendation or other appropriate incentive and the city desires to provide such individual incentive and recognition for exceptional service as provided and allowed by law. 90-70.Creation; membership; terms. There is hereby created a Merit Award Board within the City of Ithaca. The Board shall consist of the Mayor, a bipartisan committee of alderpersons and city employees as follows: 1. Annual Merit Award Board. The Mayor, Corporation Counsel, the Director of Human Resources and five (5) alderpersons to be appointed by Common Council. 2. Quarterly Merit Award Board. In the spirit of employees recognizing their peers, the quarterly merit award board shall consist of one employee from each of the following facilities: Police Department, Fire Department, Department of Public Works, Youth Bureau, Greater Ithaca Activities Center, City Hall the Director of Human Resources. The Director of Human Resources shall appoint the Quarterly Merit Award Board basing such appointment on the expressed interest of the employee for membership on the Board, recommendations from the employee’s peers and such other criteria as the Director of Human Resources shall deem appropriate. The term of office for a Quarterly Merit Award Board member shall be for one year commencing July 1st of the year of appointment. If for any reason a Quarterly Merit Award Board member is unwilling or unable to complete his or her full term, the Director of Human Resources shall appoint a replacement employee from the same facility as the Quarterly Merit Award Board member relinquishing membership to complete the term of appointment of said member. 90-71. Duties of Merit Award Board Members. 1. Annual Merit Award Board. The duties of the Annual Merit Award Board members shall be to annually evaluate and select from the nominees one City employee, cross functional team or committee for recognition using the criteria listed in Section 90-72(1) of this Article. 2. Quarterly Merit Award Board. The duties of the Quarterly Merit Award Board members shall be, on a quarterly basis, to evaluate and select from the nominees one City employee, cross functional team or committee for recognition using the criteria listed in Section 90-72(2) of this Article. 90-72. Criteria for nominations. 1. Annual recognition. A. Purpose. To publicly recognize individuals who have exhibited behaviors and performance levels above and beyond the call of duty. B. Criteria. The accomplishment or project nominated must have been completed within the twelve month period just prior to nomination. Nominations should consider whether the accomplishment or project has increased productivity, increased performance, improved productivity or positively influenced the work or community environment. C. Eligibility. Any City employee, cross functional team or committee. No elected official shall be eligible for nomination or selection. D. Nominators. Any employee, Alderperson or the Mayor may nominate an employee, cross functional team or committee for annual recognition by completing and submitting an Annual Recognition Award nomination form to the Department of Human Resources. Nominations must be submitted no later than the First day of August of the year of nomination and shall consider a twelve month period ending on July 31st. Awards shall become a part of the official personnel file of the City employee. 2. Quarterly recognition. A. Purpose. To publicly recognize individuals for significant contributions. B. Criteria. The individual has demonstrated initiative and extra effort in accomplishing a task in a quality manner. Nominations should consider if the employee exhibits efficiency, sensitivity, respects differences, and appreciates others within the workforce and the community. C. Eligibility. Any City employee, cross functional team or committee. No elected official shall be eligible for nomination or selection. D. Nominators. Any employee, Alderperson or the Mayor may nominate an employee, cross functional team or committee for quarterly recognition by completing and submitting a Quarterly Recognition nomination form to the Department of Human Resources. Awards shall become a part of the official personnel file of the City employee. 90-73. Instant Recognition Awards. 1. Purpose. In the spirit of employees recognizing their peers efforts in positively influencing the work environment, there shall be created an “instant recognition” award mechanism whereby any employee who has received five (5) Appreciation Cards for exceptional service in any given month shall be recognized with an award. 2. Criteria. The employee has enhanced the work place by performing a kind act, accomplishing a task or project in a manner that exhibits efficiency, sensitivity, respects differences, and/or appreciates others. 3. Eligibility. Any City employee, as “city employee” is defined in the Charter of the City of Ithaca, Section C-110(A). 4. Procedure. Any City employee may recognize another employee by completing an Appreciation Card and submitting such card to the employee. The employee so recognized may submit five (5) such Appreciation Cards to the Department of Human Resources for an Instant Recognition Award. 90-74. Nature of Awards. The Annual and Quarterly Award Boards, in consultation with the Director of Human Resources, may determine the nature and extent of the merit awards to be made under this chapter. The Director of Human Resources shall determine the nature and extent of Instant Recognition awards. 90-75. This law shall take effect immediately upon filing with the office of the Secretary of State. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: 18.1 Common Council – Support of Property Tax Relief for Local Governments and Schools Hosting Large Tax-exempt Institutions By Alderperson Marcham: Seconded By Alderperson Shenk WHEREAS, most municipalities in New York State, including school districts, have been forced to raise the property tax rate each year, in order to maintain a basic level of services, and WHEREAS, the rate of increase in property taxes has greatly exceeded the general rate of inflation over the past fifteen years, and WHEREAS, this increased tax burden is especially felt by localities hosting large tax-exempt institutions such as universities, hospitals and prisons, and WHEREAS, studies have shown that the property tax does not effectively tax wealth, and frequently imposes a harsh burden on residents with little ability to pay, and WHEREAS, the State of New York has revenue sources available, including the personal income tax, that are much more effective at taxing wealth; now, therefore, be it RESOLVED, On recommendation of the Budget and Administration Committee, the City of Ithaca Common Council hereby requests that the State of New York should increase State aid to localities, as a means of ensuring that the property tax rate is kept at a reasonable level, and be it further RESOLVED, That the State of New York should implement a program to replace lost taxes from major exempt properties such as Payment in Lieu of Taxes (PILOT) Program presently in operation in the State of Connecticut. Carried Unanimously 18.2 Common Council – Approval of Emergency Funding for Firehouse Theatre By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the Firehouse Theater has requested an emergency allocation of $10,000 from the City of Ithaca, and WHEREAS, the allocation was sought to assist the theater with their current financial hardship resulting from last-minute cancellations of two plays during the past year; now, therefore, be it RESOLVED, That Common Council hereby transfers an amount not to exceed $3,000 from account A1990 Unrestricted Contingency to account A1012-5435 Service Agency Contract for purposes of an emergency allocation to the Firehouse Theater, and be it further RESOLVED, That this emergency allocation represents a one-time funding allocation and shall not constitute a means for other service agencies to request funds and be it further RESOLVED, That Common Council requests that the Firehouse Theatre Executive Board consult as soon as possible with Richard Driscoll of the Community Arts Partnership, who may have useful advice and expertise to offer. Discussion followed on the floor regarding the addition of $2,000 of funding if the theatre can raise additional funds and whether the theatre should search other funding sources. Amending Resolution: By Alderperson Hershey: Seconded by Alderperson Sams RESOLVED, That the first resolved clause be amended to read as follows: “RESOLVED, That Common Council hereby transfers an amount not to exceed $3,000, with an additional $2,000 forthcoming if the theater raises $5,000 by December 31, 1999, from account A1990 Unrestricted Contingency to account A1012-5435 Service Agency Contract for purposes of an emergency allocation to the Firehouse Theater, and be it further” Ayes: (6) Manos, Shenk, Sams, Hershey, Farrell, Spielholz Nays: (4) Marcham, Vaughan, Taylor, Blumenthal Carried Main Motion as Amended A Vote on the Main Motion as Amended Resulted as Follows: Ayes: (8) Manos, Shenk, Sams, Hershey, Farrell, Spielholz, Taylor, Blumenthal Nays: (2) Marcham, Vaughan Carried 18.3 Fire Department – Request Capital Project Amendment for Acquisition of Fire Apparatus and Related Equipment By Alderperson Marcham: Seconded By Alderperson Manos WHEREAS, the need for the engines to be purchased with capital project #356 was established as a function of the City/Town apparatus replacement program, and WHEREAS, capital project #356 is under-funded by $200,000 as compared with the bids returned to purchase two new engines, and WHEREAS, the project has already been bid twice and there is no reasonable alternative, and WHEREAS, the Fire Department has requested that a project to replace the self-contained breathing apparatus be approved for purchase at this time to take advantage of cost savings available as a result of including the funding in the reauthorization for capital project #356, and WHEREAS, this advantage is as the result of the difference in permissible bonding periods depending on the useful life for which a project may be bonded according to its cost; now, therefore, be it RESOLVED, That capital project #356 is hereby increased by an amount not to exceed $200,000 for the engines and an amount not to exceed $140,000 for the self-contained breathing apparatus, for a total amendment not to exceed $340,000; thus making the total project authorization $940,000, and be it further RESOLVED, That the funds necessary for said amendment will be derived from the issuance of Serial Bonds. Carried Unanimously 18.4 GIAC – Request to Transfer Funds for Purchase of Pool Control Panel – Resolution By Alderperson Marcham: Seconded By Alderperson Shenk WHEREAS, the Alex Haley Pool’s automated control panel for the pool filter and pumps has failed and is in need of replacement, and WHEREAS, the panel regulates the daily chemical supply for the pool making the pool unsafe for swimming without use of said control panel, and WHEREAS, the estimated cost to replace the panel is $5,700; now, therefore, be it RESOLVED, That Common Council hereby approves and amends the authorized equipment list for the purchase of a control panel to replace the failed panel at the Alex Haley Pool in an amount not to exceed $5,700, and be it further RESOLVED, That Common Council hereby approves the following budget amendments to acquire said panel: Transfer from: A7310-5410-1514 Utilities $1,700 A7310-5410-1526 Utilities 2,500 A7310-5495-1526 Treatment Supplies 1,500 Transfer to: A7310-5225-1526 Other Equipment $5,700 Carried Unanimously 18.5 DPW – Request Approval of Amendment for Engineering Services at the IAWWTP By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, the Ithaca Area WWTP-SJS, Owners, and Stearns & Wheler, LLC, Engineer, entered into an agreement dated January 6, 1999 for professional engineering services in connection with the performance of an engineering study to determine the cost of various improvements to the Ithaca Area Wastewater Treatment Plant in the amount of $53,800, and WHEREAS, said agreement was amended February 17, 1999 (Amendment 1), in the amount of $160,000, to include additional tasks which included the development of a budgetary project cost estimate for upgrading the Ithaca Area Wastewater Treatment Plant to provide tertiary effluent filtration for further reduction of phosphorus discharges by retrofitting one of two existing 60-foot diameter phosphorus stripper tanks with continuous backwash, up-flow sand filter modules; and to achieve compliance with federal and state regulations pertaining to the on-site storage and use of gaseous chlorine for effluent disinfection and other in-plant uses. and WHEREAS, some of the Parties submitted a joint application dated June 3, 1998, for funding available for wastewater improvements under the 1996 Clean Water/Clean Air Bond Act, and they received a grant award for some of the improvement projects in their application, and WHEREAS, all of the Parties will benefit from the improvement projects that were awarded grant funding, and WHEREAS, to assist in meeting conditions for acceptance of the awarded grant funding, the Parties desire to hire engineers to 1) prepare a unified engineering report describing the wastewater improvements, and 2) perform tasks related to the State Environmental Quality Review Act (SEQRA) process associated with the wastewater improvements; now, therefore, be it RESOLVED, That Common Council hereby amends the agreement with the Scope of Engineering Services, Proposed Amendment No. 2, by an amount not to exceed $120,000 for a revised total agreement, not to exceed $333,800, and, be it further RESOLVED, That the increased funds be derived from a cost-sharing agreement between the City of Ithaca, Town of Ithaca, Town of Dryden, Village of Cayuga Heights, Town of Lansing and Village of Lansing, each unit agreeing to pay one-sixth of the cost, or $20,000, for a total of $120,000. Carried Unanimously 18.5A DPW – Request Approval of Amendment for Engineering Services at the IAWWTP By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the Ithaca Area WWTP-SJS Owners and Stearns & Wheler, LLC, have entered into an Amendment (No.2) dated July 7, 1999 for professional engineering services, which includes Additional Services for SEQR Environmental Review, and WHEREAS, Stearns & Wheler and the owner of the Ithaca Area WWTP- SJS (City of Ithaca, Town of Ithaca, and the Town of Dryden) will finalize selection of a sub-consultant for the possible preparation of an Environmental Impact Statement (EIS) regarding expansion of the Ithaca Area WWTP-SJS; now, therefore, be it RESOLVED, That the selection of the sub-consultant to prepare the EIS shall be approved by the Common Council prior to signing of the contract to hire the sub-consultant by the Mayor of the City of Ithaca. Carried Unanimously 18.6 DPW – Request to Approve Intermunicipal Cost-Sharing Agreement for Engineering Services By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That the Mayor be hereby authorized to sign the Cost- Sharing Agreement on behalf of the City, and, be it further RESOLVED, That the City’s share of $20,000 be derived from existing Capital Project funds. Carried Unanimously 18.7 Planning Department – Contract for Additional Professional Services for the Generic Environmental Impact Statement for the Southwest Area Land Use Plan By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, on May 6, 1998, the Common Council, as Lead Agency, determined that the Southwest Area Land Use Plan may have a significant environmental impact and directed preparation of a Generic Environmental Impact Statement (GEIS), and WHEREAS, on December 16, 1998, the City of Ithaca entered into a Contract for Professional Services with Clark Patterson Associates, of Rochester, New York, to prepare the GEIS, and WHEREAS, it is recommended that a separate consultant be contracted for the sole purpose of preparing an adequate character of community report for the GEIS; now, therefore, be it RESOLVED, That the Mayor for the City of Ithaca is hereby authorized and directed to enter into a Contract with a consultant for the services as described above for an amount not to exceed thirty thousand eight hundred dollars ($30,800), including all reimbursable expenses, and be it further RESOLVED, That the funds necessary for said professional service shall be derived within existing funds in Capital Project #367 Southwest Area Land Use Plan. Carried Unanimously 18.7A Transportation Enhancement Program Funding Request West State Street Improvements By Alderperson Marcham: Seconded by Alderperson Farrell WHEREAS, the Ithaca-Tompkins County Transportation Council, has issued a call letter providing information about the Transportation Enhancements Program (TEP) of the Transportation Equity Act for the 21st Century (TEA-21), and WHEREAS, there are numerous projects in the City of Ithaca which would benefit from TEP funding, and WHEREAS, the TEP is a reimbursement program for which the city must provide a 20% match, either in cash, public or private donations, in-kind contributions of labor or materials, or other federal or state funds, and WHEREAS, the TEP would provide an opportunity to extend the one block of West State Street Improvements, already scheduled for summer 1999, the entire length of West State Street from North Cayuga to North Meadow Streets, and WHEREAS, the improvements constitute enhancements such as new and uniform sidewalks, a paved tree lawn, pedestrian scaled street lighting, new curbs, crosswalks, additional street trees and tree fences, and WHEREAS, objectives of the projects are as follows: to encourage all forms of traffic along this corridor as a strategy to invigorate redevelopment of the city’s downtown; to enhance the visual and functional link between anticipated mixed use redevelopment of the West End and The Commons and to improve the quality of downtown neighborhoods by creating a safe, friendly multi-modal corridor along West State Street, and WHEREAS, the Planning and Economic Development Committee of Common Council has recommended that the Common Council authorize submission of the grant application contingent on final review and approval of the budget by the Common Council, and RESOLVED, That Common Council hereby establishes Capital Project #380 West State Street Improvements in an amount not to exceed $865,241.00, of which $692,193.00 will be funded by said NYS Grant and $173,800.00 will be funded by the City, and be it further RESOLVED, That said project will be financed by the issuance of Serial Bonds with the understanding that the City’s total project cost shall be 20% of the project, and be it further RESOLVED, That both the establishment of the capital project and the project financing are contingent on the approval of said NYS Grant. Carried Unanimously 18.7B Transportation Enhancement Program Funding Request Tompkins County Library Site Improvements By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, the Ithaca-Tompkins County Transportation Council, has issued a call letter providing information about the Transportation Enhancements Program (TEP) of the Transportation Equity Act for the 21st Century (TEA-21) and WHEREAS, there are numerous projects in the City of Ithaca which would benefit from TEP funding, and WHEREAS, the TEP is a reimbursement program for which the city must provide a 20% match, either in cash, public or private donations, in-kind contributions of labor or materials, or other federal or state funds, and WHEREAS, the TEP provides an opportunity to include amenities for pedestrians and bicyclists and streetscape amenities for the new Tompkins County Library and to strengthen links from South Hill, Six Mile Creek, the Library and the Ithaca Commons, and WHEREAS, the Planning and Economic Development Committee of Common Council has recommended that the Common Council authorize submission of the Grant applications, now therefore be it RESOLVED, That Common Council hereby establishes Capital Project #381 Pedestrian Connections/South Hill, New County Library, The Ithaca Commons, in an amount not to exceed $876,920.00 of which $701,542.00 will be funded by said NYS Grant and $175,386.00 will be funded by the City, and be it further RESOLVED, That said project will be financed by the issuance of Serial Bonds with the understanding that the City’s total project cost shall be 20% of the project, and be it further RESOLVED, That both the establishment of the capital project and the project financing are contingent on the approval of said NYS Grant. Carried Unanimously RECESS: Common Council recessed at 10:10 p.m. RECONVENE: Common Council reconvened into regular session at 10:25 p.m. 18.8 DPW – Request to Amend Personnel Roster Related to TCAT By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the 1999 approved personnel roster for TCAT has been modified to delete one Bus Driver Position and add a Transit Service Supervisor Position; now, therefore, be it RESOLVED, That Common Council hereby approves of the provisional appointment of Joann Bailey to the position of Transit Service Supervisor at Salary Grade 2 in the City Executive Association at a 1999 annual salary of $30,881, effective July 8, 1999, and be it further RESOLVED, That said appointment shall be contingent upon the passing of the required Civil Service Examination. Carried Unanimously 18.9 DPW – Request to Appoint TCAT Manager of Operations and Maintenance By Alderperson Marcham : Seconded by Alderperson Farrell WHEREAS, the personnel roster for TCAT has been modified to delete one Transit Systems Manager Position and add a Manager of Operations and Maintenance position, and WHEREAS, staff has reviewed the position within the City’s and Cornell’s organizations to rank the position and to recommend a salary for the candidate, and the appointment has been approved by the Board of Public Works and reviewed by Common Council’s Budget and Administration and Human Resources Committees; now, therefore, be it RESOLVED, That Common Council appoints Nancy Oltz to fill the position of Manager of Operations and Maintenance and recommends that the position be assigned to the Managerial Compensation Plan in the salary range of $42,334 to $62,664 and that the salary for Nancy Oltz be set at $54,000 annually, and be it further RESOLVED, That Common Council recommends that this salary be paid retroactively to January 1, 1999, in recognition of major changes made to this position in the fall of 1998 which have just recently been formally reviewed and adopted. Carried Unanimously 18.10 Finance/Controller – Request to Establish Capital Project for Copier Acquisitions By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, the City purchased several copier machines in 1992 and many of those machines are beyond their useful life and beginning to fail, and WHEREAS, the copiers are expected to be replaced in the Chamberlain’s Office, Fire Department, Youth Bureau, Superintendent’s Office, and the Streets and Facilities Division at a total estimated replacement cost of $47,000; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #383 Office Copier Acquisitions in an amount not to exceed $47,000 for the purchase of said copiers, and be it further RESOLVED, That said funds will be derived from the issuance of Serial Bonds. Carried Unanimously 18.11 Finance/Controller – Request to Amend Y2K Capital Project for Server Upgrades and Replacements By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the City’s nine servers are in need of upgrades and/or replacement to become Y2K compliant, and WHEREAS, the following network servers will be replaced: GIAC, Gorges, IPD, GIS; and the following network servers will be upgraded: City Hall main server, Water and Sewer server, Streets and Facilities server, Youth Bureau server, and the MUNIS server, and WHEREAS, the replacement and upgrade of these servers will cost an estimated $55,000 including contingency and installation; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #370 Computer Upgrade Y2K Compliance by an amount not to exceed $55,000 for a total project authorization of $309,623 to replace four network servers and upgrade five network servers, and be it further RESOLVED, That the funds necessary for said project shall be derived from the issuance of Serial Bonds, and be it further RESOLVED, That Common Council hereby authorizes the Mayor to sign any necessary installation agreements for said upgrades. Carried Unanimously 18.12 aFinance/Controller – Bond Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan BOND RESOLUTION DATED JULY 7, 1999. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $15,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE PURCHASE OF NEW COMPUTER EQUIPMENT IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, by bond resolution dated July 7, 1993, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $5,000 serial bonds of said City to pay the cost of the purchase of new computer equipment; and WHEREAS, it has now been determined that in order to complete such project an additional $15,000 over that previously authorized will be required; and WHEREAS, it is now desired to authorize the issuance of an additional $15,000 serial bonds to pay such additional costs of a second phase of such project; now therefore be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying additional costs of the purchase of new computer equipment, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $15,000 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $20,000, and that the plan for the financing thereof is as follows: a) By the issuance of the $5,000 serial bonds of said City authorized to be issued therefore pursuant to bond resolution dated July 7, 1993; and b) By the issuance of the additional $15,000 serial bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued for said class of objects or purposes pursuant to this bond resolution, said class of objects or purposes constituting a second phase of the class of objects or purposes which financing was authorized by bond resolution dated July 7, 1993. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object of purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no monies are, or are reasonable expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the ________________, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Vote on the Resolution Resulted in the Following: Shenk, Aye Alderperson Manos, Aye Alderperson Sams, Aye Alderperson Farrell, Aye Alderperson Blumenthal, Aye Alderperson Vaughan, Aye Alderperson Marcham, Aye Alderperson Spielholz, Aye Alderperson Taylor, Aye Alderperson Hershey, Aye Carried Unanimously 18.12bFinance/Controller – Bond Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan BOND RESOLUTION DATED JULY 7, 1999. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $340,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE PURCHASE OF REPLACEMENT PUMPER ENGINES FOR THE FIRE DEPARTMENT OF AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, by bond resolution dated January 7, 1998, the Common Council of the City of Ithaca, Tompkins County, New York, authorized, amongst other objects or purposes, the issuance of $600,000 serial bonds of said City to pay the cost of the purchase of replacement pumper engines for the Fire Department of and for said City; and WHEREAS, it has now been determined that in order to complete such project an additional $340,000 over that previously authorized will be required; and WHEREAS, it is now desired to authorize the issuance of an additional $340,000 serial bonds to pay such additional cost; now therefore be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying additional costs of the purchase of replacement pumper engines for the Fire Department of and for the City of Ithaca, Tompkins County, New York, including original machinery and apparatus to be used in connection therewith, there are hereby authorized to be issued an additional $340,000 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $940,000, and that the plan for the financing thereof is as follows: a) By the issuance of the $600,000 serial bonds of said City authorized to be issued therefore pursuant to bond resolution dated January 7, 1998; and b) By the issuance of the additional $340,000 serial bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, computed from January 22, 1998, the date of the first bond anticipation note issued for said class of objects or purposes. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object of purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no monies are, or are reasonable expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the ________________, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Vote on the Resolution Resulted in the Following: Alderperson Shenk, Aye Alderperson Manos, Aye Alderperson Sams, Aye Alderperson Farrell, Aye Alderperson Blumenthal, Aye Alderperson Vaughan, Aye Alderperson Marcham, Aye Alderperson Spielholz, Aye Alderperson Taylor, Aye Alderperson Hershey, Aye Carried Unanimously 18.12cFinance/Controller – Bond Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan BOND RESOLUTION DATED JULY 7, 1999. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,130,423 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COSTS OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now therefore be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying the costs of the following capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $2,130,423 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such improvements in accordance with the maximum estimated cost of each. Such improvements are as follows: a) The purchase of copier machines for various City Departments in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $56,100. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; b) To reconstruct portions of City Hall, in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $500,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; c) To pay the cost of the upgrading of City computer systems to Y2K compliance, throughout and in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $79,623. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; d) The purchase of electronic truck scales for law enforcement purposes, in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $16,400. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; e) The purchase of police vehicles, of and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $46,100, to replace similar vehicles in service at least one year or more. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is three years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; f) To replace and upgrade various parking meters, throughout and in and for said City, including original equipment, machinery, and apparatus, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $52,200. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law; g) The reconstruction of North Cayuga Street Bridge in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $745,000. The amount of serial bonds ultimately to be issued for said specific object or purpose shall be reduced by any State and/or federal grants-in-aid to be received by said City. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law; and h) The construction and reconstruction of various sewer related facilities throughout and in and for said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $635,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes and classes of objects or purposes is $2,130,423, and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to each specific object or purpose or class of objects or purposes in accordance with the maximum estimated cost of each set forth in Section 1 hereof. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see the application of the purchase money. Section 7. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the City Controller. Such notes shall be of such terms, form and contents as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 8. The City Controller is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said City in the event of the sale of same to the new York State Environmental Facilities Corporation. Section 9. The intent of this resolution is to give the City Controller sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Common Council. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object of purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no monies are, or are reasonable expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in full in the ________________, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Vote on the Resolution Resulted in the Following: Alderperson Shenk, Aye Alderperson Manos, Aye Alderperson Sams, Aye Alderperson Farrell, Aye Alderperson Blumenthal, Aye Alderperson Vaughan, Aye Alderperson Marcham, Aye Alderperson Spielholz, Aye Alderperson Taylor, Aye Alderperson Hershey, Aye Carried Unanimously 18.13 Request for Funding for Emergency Repairs to the Green Street Parking Ramps – Resolution – To be handed out at meeting By Alderperson Marcham: Seconded by Alderperson Vaughan RESOLVED, That an emergency Capital Project be hereby established at an estimated cost of $30,000 to reconstruct portions of the Green Street Parking Facility, resulting from damage caused by a recent vehicular accident on June 30, 1999. Funding for said project shall first be derived from any insurance recovery which may be forthcoming. Carried Unanimously 18.14 Community Service Grant Applications - Report Alderperson Marcham reported that interviews will be from 4:00 P.M. to 7:00 P.M., Thursday, July 15th in the Second Floor conference room. Applications are currently in City Controller Cafferillo’s office for review. 18.15 Chamberlain - Request Salary Adjustments for Acting Chamberlain By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, City Chamberlain, Debra Parsons, will be on vacation for a period of 3 weeks, from July 12 through July 30; now therefore be it RESOLVED, That Joyce Day, currently the Office Manager in the Chamberlain’s Office, be temporarily appointed to the position of Deputy City Chamberlain for a period of three (3) weeks, at an annual salary of $43,758, which represents an increase of 8%, and is consistent with out-of-title provisions of the current CSEA Administrative Unit Contract, and be it further RESOLVED, That funds necessary for said temporary amendment shall be derived within the existing 1999 Chamberlain budget. Carried Unanimously 18.16 Mayor – Approval of Cooperative Energy Contract By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the County of Tompkins and the County of Tioga entered into an agreement for the purchase of natural gas with NYSEG Solutions, Inc., and WHEREAS, the contract provides that political subdivisions within the counties may obtain natural gas under the contract, and WHEREAS, the Tompkins County Board of Representatives adopted a resolution providing that political subdivisions within the County shall be included in such cooperative purchasing agreement upon the submission of a resolution approved by its governing body to the County Department of Finance; now, therefore be it RESOLVED, That the City of Ithaca shall participate in the cooperative purchase agreement and may, thereby, purchase natural gas under the contract with NYSEG Solutions, Inc., and be it RESOLVED, That a copy of this resolution shall be sent to the County Department of Finance, and be it further RESOLVED, That Common Council hereby authorizes the Mayor to sign the agreement for cooperative purchase of natural gas between the City of Ithaca and NYSEG Solutions, Inc. City Controller Cafferillo stated that the estimated savings will be approximately $2,600 a year on city facilities alone. A Vote on the Resolution resulted as follows: Carried Unanimously 19. COMMUNITY ISSUES: 19.1 Greater Ithaca Activities Center Teen Program Teens-In-Office Program – Resolution By Alderperson Taylor: Seconded by Alderperson Blumenthal WHEREAS, the Common Council supports the goals and objectives of the Greater Ithaca Activities Center Teen Program’s Teen-In-Office Program, and WHEREAS, those goals and objectives include educating teens in the democratic process, developing leadership abilities, stimulating interest in government, promoting civic engagement of teens, and providing mentorship opportunities for local government officials, now therefore be it RESOLVED, That the Common Council will create a special committee, composed of participants in the GIAC Teens-In-Office Program, and chaired by a member of the Community Issues Committee, and be it further RESLOVED, That said special committee will identify, investigate and address a range of community issues with a priority on concerns and/or grievances pertaining to youth under the age of nineteen, or to families or functional families, as those terms are definite by sections 210-5 and 325-3 of the Ithaca City Code, and be it further RESOLVED, That the Common Council participate in the Teens-In- Office Program, and be it further RESOLVED, That the Mayor, in consultation and cooperation with his senior staff, will participate in the executive branch portion of the program wherein some Teens-In-Office participants will be allowed to serve with the Mayor and city department heads during the day on Monday, May 1, 2000. Carried Unanimously Discussion followed on the importance of advertising and recruiting to appeal to all different types of teenagers. 19.2 An Ordinance Regulating the Use of Skateboards By Alderperson Taylor: Seconded by Alderperson Vaughan ORDINANCE NO.99- WHEREAS, Common Council of the City of Ithaca is cognizant of the use of skateboards and other like instruments as a means of recreation and a mode of transportation, especially by the young people of the community, and WHEREAS, Common Council is also cognizant of the danger posed by the unregulated use of skateboards and other like instruments to passersby, pedestrians, and the users themselves in public areas not designated for this purpose, and WHEREAS, Common Council of the City of Ithaca wishes to provide for the regulation of skateboarding; now, therefore, be it ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Definitions. The term “Skateboard” is defined as a device for riding upon, usually while standing or sitting, consisting generally of an oblong piece of wood or other materials mounted on skate wheels and propelled solely by the force of its rider. The definition of the term “skateboard” shall not be construed to include bicycles, roller skates, roller blades, wheel chairs or any other device intended to be used to provide transportation for any disabled person. For purposes of this Ordinance, “recreation” shall be defined as performing acrobatic stunts, “wheelies”, “flips”, or any other activity in which the feet of the operator leave the skateboard. Section 2. Prohibited. It shall be unlawful to operate skateboards in any manner in public parking garages, ramps and parking lots within the City limits. It shall additionally be unlawful to operate skateboards in any manner on the Secondary Commons as such is defined in the Code of the City of Ithaca at Section 157-3. It shall further be unlawful to operate skateboards on the sidewalks in the Titus Towers area, specifically on Wood Street between Plain Street and Meadow Street; on Fair Street between South Street and Wood Street; and on South Street between Fair Street and Meadow Street. Section 3. Prohibition for recreational purpose. It shall be unlawful to operate skateboards in any manner for the purpose of recreation within the City of Ithaca except in skateboard parks and other areas specifically designated by the City of Ithaca for recreational skateboard purposes. Section 4. Transportation. The operation of skateboards for the purpose of transportation only, other than in those areas specifically prohibited in Section 2 of this Ordinance, shall be permitted under the following conditions: Skateboards may be operated upon the public roadways subject to New York State Vehicle and Traffic Law, Article 34, and upon sidewalks and in bicycle lanes within the City limits, where not otherwise prohibited by ordinance, law or regulation. The operator of a skateboard, when operated on the sidewalks within the City limits, shall maintain a distance of at least five (5) feet from any pedestrian and maintain a speed of no more than five (5) miles per hour. 3. No person riding upon any skateboard shall attach the same or him/herself to any vehicle being operated on a roadway. 4. Upon all roadways, any skateboards shall be operated on a usable bicycle lane or, if a usable bicycle lane has not been provided, near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, in-line skates, pedestrians, animals, surface hazards or traffic lanes too narrow for a person on a skateboard and a vehicle to travel safely side-by- side within the lane. 5. Persons riding upon a roadway shall not ride more than two abreast. Persons riding upon a shoulder or bicycle lane, or bicycle path, intended for the use of bicycles may ride two or more abreast if sufficient space is available, except that when passing a vehicle, bicycle or person on in-line skates, other skateboarder or pedestrian, standing or proceeding along such shoulder, lane or path, persons riding skateboards shall ride single file. Persons riding skateboards upon a roadway shall ride single file when being overtaken by a vehicle. 1 No person shall skate or glide on a skateboard on a roadway during the period of time between one-half hour after sunset and one-half hour before sunrise unless such person is wearing readily visible reflective clothing or material which is of light or bright color. Section 5. Penalties. A. Violation of any of the provisions of this ordinance, if committed by a person sixteen years of age or older, shall be punished as follows: 1.First offense. Any person convicted of a violation of this ordinance shall be punished by a fine of fifty dollars (to include all costs and assessments). The court may authorize community service in lieu of all or part of this fine. 2.Second offense. Any person who violates this ordinance a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine not less than fifty dollars nor more than one hundred dollars. The court may authorize community service in lieu of all or part of this fine. 3.Third or subsequent offense. Any person who violates this ordinance a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars nor more than two hundred fifty dollars, or by imprisonment in jail not to exceed fifteen days. The court may authorize community service in lieu of all or part of the fine. B. Violation of any of the provisions of this ordinance, if committed by a person less than sixteen years of age shall result in a written warning with a copy of the same being sent to such person’s parents or guardian. Section 6. Enforcement. It shall be the duty of the City of Ithaca Police Department to enforce the provisions of this ordinance. Additionally, any peace officer shall have authority to enforce the provisions of this Ordinance. Section 7. Effective Date. This Ordinance shall take effect in accordance with law upon publication of notice as provided in the Ithaca City Charter. Amending Resolution By Alderperson Shenk: Seconded by Alderperson Hershey RESOLVED, that Section 7 shall read as follows: “Section 7. Effective Date. This Ordinance shall take effect on August 15, 1999.” Discussion followed on the floor regarding whether the Ordinance shall take effect on the opening date of the Roller Sports Park. A motion to make this the amendment was proposed then withdrawn. July 7, 1999 2 Ayes: (6) Manos, Shenk, Sams, Hershey, Farrell, Spielholz Nays: (4) Marcham, Vaughan, Taylor, Blumenthal Carried Discussion followed on the floor regarding whether the amendment regarding private property owners and the amendment regarding designating Stewart and Cass Parks (or only one of the two Parks) as skateboard areas should be separate amendments. Alderperson Blumenthal stated they should get advice from the Parks Commission. Amending Resolution By Alderperson Farrell: Seconded by Alderperson Spielholz RESOLVED, That Section 3 should read as follows: “Section 3. Prohibition for recreational purpose. It shall be unlawful to operate skateboard in any manner for the purpose of recreation within the City of Ithaca except in skateboard parks, Cass Park, Stewart Park, and any other areas specifically designated by the City of Ithaca for recreational skateboard purposes.” Ayes: (2) Farrell, Spielholz Nays: (8) Manos, Shenk, Sams, Hershey, Marcham, Vaughan, Taylor, Blumenthal Failed Amending Resolution By Alderperson Blumenthal : Seconded by Alderperson Hershey RESOLVED, That Section 3 should read as follows: “Section 3. Prohibition for recreational purpose. It shall be unlawful to operate skateboards on public property in any manner for the purpose of recreation within the City of Ithaca without the property owner’s permission except in skateboard parks and in any other areas specifically designated by the City of Ithaca, or a private property owner for recreational skateboard purposes.” Carried Unanimously Amending Resolution By Alderperson Farrell: Seconded by Alderperson Manos RESOLVED, That Section 5 should read as follows: “Section 5. Penalties. Any person who violates this ordinance a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars nor more than two hundred fifty dollars. The court may authorize community service in lieu of all or part of the fine.” Discussion followed on how much room for discretion the Council wishes to give the judges who would be trying the offender. Ayes: (4) Shenk, Manos, Spielholz, Farrell Nays: (6) Sams, Hershey, Taylor, Blumenthal, Marcham, Vaughan Failed Main Motion as Amended A Vote on the Main Motion as Amended Resulted as Follows: July 7, 1999 3 Ayes: (8) Shenk, Sams, Hershey, Spielholz, Taylor, Blumenthal, Vaughan, Marcham Nays: (2) Farrell, Manos Carried 19.3 Graffiti Ordinance – Report Alderperson Taylor reported that the Graffiti Ordinance remains in committee and has gone back for yet another rewrite. 20. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 20.1 An Ordinance Amending Section 325-4 the “Establishment of Zoning Districts” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code Renaming the MH-1 Zoning District 20.1A) Declaration of No Significant Environmental Impact By Alderperson Blumenthal : Seconded by Alderperson Vaughan WHEREAS, an Ordinance entitled “An Ordinance Amending Section 325-4 the “Establishment of Zoning Districts” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code – Renaming the MH-1 Zoning District 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 is lead agency in this matter, and hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated May 27, 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 she 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 20.1B An Ordinance Amending Section 325-4 the “Establishment of Zoning Districts” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code 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: July 7, 1999 4 Section 1. The Municipal Code of the City of Ithaca, New York Section 325-4, the list of zoning districts of Chapter 325 entitled “Zoning,” shall be amended by renaming the MH-1 district as follows: MH-1 Residential – Mobile Home Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 20.2 Public Hearing to Consider a Local Law Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for a Temporary Moratorium on the Establishment of New Adult Uses or the Expansion of Existing Adult Uses By Alderperson Blumenthal : Seconded by Alderperson Vaughan Local Law No. __________ of 1999 City of Ithaca A LOCAL LAW AMENDING CHAPTER 325 ENTITLED “ZONING” OF THE CITY OF ITHACA MUNICIPAL CODE TO PROVIDE FOR A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF NEW ADULT USES OR THE EXPANSION OF EXISTING ADULT USES. BE IT ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Title. This local law shall be referred to as the “Moratorium for the establishment or expansion of adult uses. Section 2. Purpose. The City of Ithaca zoning ordinances establish zoning districts and regulations concerning the use of land and structures. The statutory grant of power to regulate the use of land and structures includes, among the purposes of such regulation, promoting the health, safety, morals and the general welfare of the community. The City of Ithaca currently regulates only Adult Entertainment Establishments. The City is cognizant that Adult Entertainment Establishments and other types of adult uses, not currently regulated, may have serious objectionable characteristics and impacts. In order to promote the health, safety and general welfare of the residents of the City of Ithaca, this moratorium is intended to allow sufficient time to investigate the appropriate locations and/or regulations for such businesses. The City of Ithaca also recognizes that there are important constitutional issues and protections which must be identified and addressed in any regulation of adult uses. In order to address all concerns and issues in a lawful, thoughtful and reasoned manner the City determines that it must declare a moratorium on the establishment of new adult uses and the expansion of existing July 7, 1999 5 adult uses pending the review and possible enactment of appropriate legislation regulating the same. Section 3. Definitions (A) Adult Use. An adult use is the use of land or structures for an “adult entertainment business” and/or “adult physical contact establishment” as herein defined. (B) Adult entertainment business: (1). An adult entertainment establishment as defined in Section 325-3 of the City of Ithaca Municipal Code, or (2). A building or structure used for presenting, lending or selling motion picture films, video cassettes, cable television, or any other such visual media, or used for presenting, lending, or selling books, magazines, publications, photographs, or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined in Section 325-3 of the City of Ithaca Municipal Code. (C) Adult physical contact establishment. Any establishment which offers or purports to offer massage, duly licensed physical therapy and therapeutic massage, or other physical contact by members of the opposite sex. Medical offices, electrolysis, duly licensed physical therapy and therapeutic massage, karate, judo and dance studios are not “adult physical contact establishments”. Section 4. Moratorium (A) There is hereby established a moratorium on all development of Adult Uses in the City of Ithaca for a period of nine (9) months from the effective date of this local law. (B) Owners of Adult Uses existing on the effective date of this local law shall be permitted to maintain existing sites, but shall be prohibited from expanding the scope and/or size of their businesses during the period this moratorium is in effect. (C) This moratorium may be extended by one additional period of up to three (3) months by resolution of the Common Council upon a finding and a necessity for such extension. (D) During the period of the moratorium, the City shall endeavor to complete a comprehensive set of regulations for Adult Uses. (E) The Building Commissioner shall make an initial determination whether any proposed use is an Adult Use as herein defined. Such determination may be appealed to the City Board of Zoning Appeals. Section 5. Scope of Controls. During the effective period of this local law, no site plans shall be approved, whether by action of the Planning Board or by default and no other approvals, permits, or certificates of occupancy shall be granted by any board, committee or officer of the City. This local law shall be binding on all City departments, July 7, 1999 6 boards and commissions and any applicant or property owner in the City. Section 6. Applications for Relief. Whenever there is a showing by persons whose premises are affected by this moratorium that relief therefrom is necessary to avoid unnecessary financial hardship or a taking of private property beyond what is permissible by valid regulation, the Common Council, upon petition, may grant appropriate relief from this local law subject to whatever conditions are deemed necessary to protect the public. Applications for such relief shall be by verified petition to the Common Council and shall be supported by competent financial evidence in dollars and cents form. The Common Council shall hold a hearing on any such petition within thirty (30) days and decide such applications within fifteen (15) days after the closing of such hearing. The default of the Common Council in acting on such application shall not result in a default granting of such relief but shall permit the applicant to seek such relief pursuant to Article 78 of the CPLR. Section 7. Penalties. (A) Any person, firm or corporation that shall establish or expand an adult use in violation of the provisions of this local law or shall otherwise violate any of the provisions of this local law shall be guilty of a violation. Each day a violation continues shall be considered a separate violation. (B) The City of Ithaca may apply to a court of competent jurisdiction for injunctive relief to cease any and all such actions which conflict with this local law. Section 8. Supercession. (A) General City Law §30-a is hereby superceded in its application to the City of Ithaca by restricting the authority of the Planning Board to review and approve site plans. This local law shall take effect immediately. (B) General City Law §81 is hereby superceded in its application to the City of Ithaca by restricting the authority of the Board of Zoning Appeals to grant special permits. (C) General City Law §81-b is hereby superceded in its application to the City of Ithaca by restricting the authority of the Board of Zoning Appeals to grant use and/or area variances. (D) This local law is intended to supercede any inconsistent provision of the City Law. Section 9. Validity. The invalidity of any provision of this local law shall not effect the validity of any other provision which can be given effect without such invalid provision. Section 10. This law will take effect immediately upon filing with the Secretary of State of the State of New York. Carried Unanimously July 7, 1999 7 20.3 A Local Law Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code to Provide for a Temporary Moratorium on the Construction of New Dwellings-- Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Spielholz RESOLVED, That Local Law 1999 -_____ entitled “A Local Law Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code to Provide for a Temporary Moratorium on the Construction of New Dwellings is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, The Common Council shall hold a public hearing in the matter of the adoption of the aforesaid Local Law in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, on Wednesday, August 4, 1999 at 7:00 p.m., and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. The Local Law to be considered is as follows: A LOCAL LAW AMENDING CHAPTER 325 ENTITLED “ZONING” OF THE CITY OF ITHACA MUNICIPAL CODE TO PROVIDE FOR A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF NEW DWELLINGS. BE IT ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Title. This local law shall be referred to as the “Moratorium on the construction of new dwellings.” Section 2. Purpose. The City of Ithaca zoning ordinances establish zoning districts and regulations concerning the use of land and structures. The statutory grant of power to regulate the use of land and structures includes, among the purposes of such regulation, promoting the health, safety, and the general welfare of the community. Protecting city neighborhoods from inappropriate development promotes the general welfare of the community. The City recognizes that, in order to stabilize existing conditions of use and occupancy within an area that has been observed to be undergoing rapid development, it must impose a moratorium on the construction of new dwellings for a period sufficient to identify and present for legislative action appropriate measures for the protection and enhancement of the July 7, 1999 8 area. The City is cognizant that rapid development may outpace the ability of the City to provide adequate parking. Therefore, for a period of twelve (12) months from July 5, 1999, within the area described in Section 4 of this law: (A) there shall be a moratorium on the construction of new dwellings. (B) there shall be a moratorium on alterations or additions to existing dwellings that would increase the legal occupancy of such dwellings by more than three (3) unrelated adults. Section 3. Definitions. For purposes of this local law, the term “dwelling” shall be as defined in the Code of the City of Ithaca, Building and Land Use Regulation, Section 325-3, as follows: “DWELLING- A building or structure or part thereof used and occupied for human habitation or intended to be so used.” Section 4. Area subject to moratorium. This moratorium shall apply to all properties in an area bounded by a continuous line beginning at the Stewart Avenue bridge crossing Cascadilla Creek; thence proceeding southerly following the westerly boundaries of tax parcels 63-1- 1 through 63-1-6, 63-10-3 through 63-10-5, 63-11-3 through 63- 11-8, 68-1-2 through 68-1-8, which parcels front on Stewart Avenue, thence continuing along Stewart Avenue southerly to its intersection with East State Street; thence crossing East State Street and continuing Southeast along East State Street following the southerly boundaries of tax parcels 68-10-1, 68- 10-2, 68-9-1 through 68-9-3, 83-2-1 through 83-2-13, 83-2-24.12, 83-2-16.2,83-2-17, 83-2-22,83-2-21 to its intersection with Valentine Place; thence crossing Valentine Place and continuing in an Easterly direction to the West corner of tax parcel 89-3- 14, thence following the westerly boundary of tax parcel 83-2-15 to the West corner of tax parcel 83-2-1, then continuing Southeast along the Southern boundaries of tax parcels 89-3-1 through 89-3-4 which parcels front on East State Street; thence in a Northeasterly direction along the Southeasterly boundary of tax parcel 83-3-4 to its intersection with East State Street where East State Street meets Valley Road; thence north to the center line of East State Street, thence Northwest long the centerline of East State Street to its intersection with Mitchell Street; thence crossing Mitchell Street and continuing East along Mitchell Street following the southerly (street side) boundaries of tax parcels 83-3-6.1, 83-4-5, 83-4-4, 83-6-3, 83- 6-2, thence at the intersection with Linden Avenue crossing Linden Avenue and continuing north along Linden Avenue following the eastern boundaries of tax parcels 84-1-1, and 67-3-18 through 67-3-31; thence proceeding east along the southern boundary of tax parcel 67-3-3 to its intersection with Delaware Avenue, thence North along Delaware Avenue to its intersection with Bryant Avenue; thence easterly along Bryant Avenue to its intersection with Harvard Place, thence easterly along Harvard Place following the southerly boundaries of tax parcels 64-8-11 July 7, 1999 9 through 64-8-9, which parcels front on Harvard Place, thence north following the easterly boundaries of tax parcels 64-8-9 and 64-8-5, thence crossing Dryden Road and continuing easterly along Dryden Road following the southerly boundary of tax parcel 64-2-13, thence continuing easterly along Dryden Road to its intersection with Elmwood Avenue, thence north along Elmwood Avenue following the easterly boundary of tax parcel 64-2-13, thence westerly along the northern boundary of tax parcel 64-2- 13 such that tax parcel 64-2-13 is wholly included in the moratorium area, thence continuing north following the easterly boundaries of tax parcels 64-2-14 and 64-2-15, which parcels front on Summit Street, and thence continuing north along a parallel line with said eastern boundaries through tax parcel 64-2-8, also fronting on Summit Street, and continuing along the same parallel line, crossing Oak Avenue, and continuing to its intersection with the center line of Cascadilla Creek, thence westerly along the center line of Cascadilla Creek to the point and place of beginning. Section 5. Moratorium (A) There is hereby established, for a period of twelve (12) months from July 5, 1999, within the area described in Section 4 of this law, a moratorium on the construction of new dwellings. There is also hereby established, for the same twelve (12) month period and within the same area, a moratorium on alterations or additions to existing dwellings that would increase the legal occupancy of such dwellings by more than three (3) unrelated adults. (B) During the period of the moratorium, the Building Commissioner shall cease to issue building permits for the construction of dwellings in the moratorium area. During the period of the moratorium, the Building Commissioner shall also cease to issue building permits for alterations or additions to dwellings in the moratorium area that would increase the legal occupancy of such dwellings by more than three (3) unrelated adults. (C) During the period of the moratorium, the City shall endeavor to complete an in-depth study of parking issues in the area encompassed by the moratorium, including but not limited to, collecting and evaluating information on motor vehicle usage by residents of the area subject to the moratorium. The scope of, and contract for, such study shall be approved and authorized by Common Council. Section 6. Scope of Controls. During the effective period of this local law, within the area encompassed by this law, no site plans shall be approved, whether by action of the Planning Board or by default and no other approvals, permits, certificates of compliance or certificates of occupancy shall be granted by any board, committee or officer of the City that would cause an increase in the legal occupancy of dwellings by more than three (3) unrelated adults. This local law shall be binding on all City departments, boards and commissions and any applicant or property owner in the City. July 7, 1999 10 Section 7. Exemptions. (A) Applications for building permits or variances which were filed on or before July 5, 1999 shall be exempt from the provisions of this moratorium. (B) Retail commercial establishments, including bed and breakfast facilities, shall be exempt from the provisions of this moratorium. Section 8. Applications for Relief. Whenever there is a showing by persons whose premises are affected by this moratorium that relief therefrom is necessary to avoid unnecessary financial hardship or a taking of private property beyond what is permissible by valid regulation, the Common Council, upon petition, may grant appropriate relief from this local law subject to whatever conditions are deemed necessary to protect the public. Applications for such relief shall be by verified petition to the Common Council and shall be supported by competent financial evidence in dollars and cents form. The Common Council shall hold a hearing on any such petition within thirty (30) days and decide such applications within fifteen (15) days after the closing of such hearing. The default of the Common Council in acting on such application shall not result in a default granting of such relief but shall permit the applicant to seek such relief pursuant to Article 78 of the CPLR. Section 9. Penalties. (A) Any person, firm or corporation that shall construct, alter, or make additions to any structure or dwelling in violation of the provisions of this local law or shall otherwise violate any of the provisions of this local law shall be guilty of a violation. Each day a violation continues shall be considered a separate violation. (B) The City of Ithaca may apply to a court of competent jurisdiction for injunctive relief to cease any and all such actions which conflict with this local law. Section 10. Supercession. (A) General City Law §30-a is hereby superceded in its application to the City of Ithaca by restricting the authority of the Planning Board to approve site plans. This local law shall take effect immediately. (B) General City Law §81 is hereby superceded in its application to the City of Ithaca by restricting the authority of the Board of Zoning Appeals to grant special permits. (C) General City Law §81-b is hereby superceded in its application to the City of Ithaca by restricting the authority of the Board of Zoning Appeals to grant use and/or area variances. (D) This local law is intended to supercede any inconsistent provision of the City Charter or Code. Section 11. Validity. July 7, 1999 11 The invalidity of any provision of this local law shall not affect the validity of any other provision which can be given effect without such invalid provision. Section 12. This law will take effect immediately upon filing with the Secretary of State of the State of New York and will expire on July 5, 2000. Motion to Table By Alderperson Farrell: Seconded by Alderperson Blumenthal RESOLVED, That this item be tabled pending further discussion. Carried Unanimously Amending Resolution By Alderperson Shenk: Seconded by Alderperson Manos RESOLVED, That Section 2. Purpose be re-written to read as follows: “Section 2. Purpose The City recognizes that, in order to stabilize existing conditions of use and occupancy within an area that has been observed to be undergoing rapid development, it must impose a moratorium on the construction of new dwellings for a period sufficient to identify and present for legislative action appropriate measures for the protection and enhancement of the area. The City is cognizant that rapid development may outpace the ability of the City to provide adequate parking. Therefore, for a period of six (6) months from July 5, 1999, within the area described in Section 4 of this law:” Discussion followed on the table about reviewing the zoning in Collegetown to limit the number of stories possible to build and about variances that target parking. Alderperson Manos stated a nine-month moratorium would be most effective because it would allow for construction to continue in the spring. From August of the year 1999 to April of the year 2000 would not hurt builders and the construction industry as much. Alderperson Hershey stated his concern about having developers rush to finish plans before the public hearing. City Attorney Geldenhuys stated that there are other options, such as setting an application date. She also stated that the Local Law must be written at least eight days before the next Council meeting in order to allow time for review. Alderperson Blumenthal stated her concern that with a nine-month moratorium, the community will expect them to be finished at that time, and she does not think that is possible. She believes they should allow for a three or six-month extension and that there is no set season for construction. Alderperson Spielholz stated that the moratorium is strictly about residential construction that will add more than three beds. Smaller additions will be able to go through. There will also be circumstances under which hardship can be reviewed by the Board of Zoning Appeals. July 7, 1999 12 The Amendment was voted on and defeated. Mayor Cohen did not state who the ayes were and who the nays were. I can’t find a record of it anywhere in your notes, Julie. Amending Resolution By Alderperson Hershey: Seconded by Alderperson Hershey RESOLVED, That should the City adopt the Collegetown Zoning Moratorium that the scope of and contract for the parking study be approved and authorized by Common Council. Carried Unanimously Amending Resolution By Alderperson Manos: Seconded by Alderperson Sams RESOLVED, that Section 2. Purpose be written to read as follows: “Section 2. Purpose The City recognizes that, in order to stabilize existing conditions of use and occupancy within an area that has been observed to be undergoing rapid development, it must impose a moratorium on the construction of new dwellings for a period sufficient to identify and present for legislative action appropriate measures for the protection and enhancement of the area. The City is cognizant that rapid development may outpace the ability of the City to provide adequate parking. Therefore, for a period of nine (9) months from July 5, 1999, within the area described in Section 4 of this law:” The Amendment was voted on and defeated. Mayor Cohen did not state who the ayes were and who the nays were. I can’t find a record of it anywhere in your notes, Julie. Amending Resolution By Alderperson Shenk: Seconded by Alderperson Sams RESOLVED, That the following Resolved clause be added to the resolution: “RESOLVED, Exempting dwellings that do provide one parking space for every three bedrooms.” Mayor Cohen stated that all of the major projects so far have complied with this law but he cannot speak for all the smaller projects. The Amendment was voted on and defeated. Mayor Cohen did not state who the ayes were and who the nays were. I can’t find a record of it anywhere in your notes, Julie. Amending Resolution By Alderperson Shenk: Seconded by Alderperson Sams RESOLVED, That the following Resolved clause be added to the resolution: “RESOLVED, Exempting dwellings that are forty feet or less or four stories or less in height.” Discussion followed on the floor regarding problems with parking, emergency vehicles, deliveries, and congestion on Collegetown streets. Alderperson Blumenthal stated that it is not only the high-rise buildings that cause such problems. July 7, 1999 13 Alderperson Spielholz stated that they should finish the study that the moratorium would allow before discussing such problems, since they do not really know the extend or cause of the problems. The Amendment was voted on and defeated. Mayor Cohen did not state who the ayes were and who the nays were. I can’t find a record of it anywhere in your notes, Julie. Amending Resolution By Alderperson Shenk: Seconded by Alderperson Sams RESOLVED, That the following Resolved clause be added to the resolution: “RESOLVED, Limiting area to properties located in the City of Ithaca, east of Stewart Avenue, and in any B-1 or B-2 zoning district.” Alderperson Spielholz stated that east of Stewart Avenue would not take into account that the northwest corner of Stewart and Buffalo Streets is zoned for six-story buildings. If they did not include this area, it would be available for development, and she is concerned since that is part of her Ward. Alderperson Vaughan stated that by limiting the development in a certain core, they would be pushing the development outside the core. She wants to make it geographically broad to cover the R- 3A and R-3B districts. The Amendment was voted on and defeated. Mayor Cohen did not state who the ayes were and who the nays were. I can’t find a record of it anywhere in your notes, Julie. Amending Resolution By Alderperson Shenk: Seconded by Alderperson Sams RESOLVED, Julie, Tape 3 of 4 is missing and I assume it has one or two more of Shenk’s amendments on it, and then the public speaking and the Mayor’s appointments (which I typed from your notes). I’m also not sure who motioned to remove from the table – your notes say, “Get from tape.” The final vote on the resolution was 8-1 (Manos) – 1 (Abstain-Sams). I’m not sure what to do, tape 4 picks up with the Graffiti Report. 20.4 An Ordinance Amending The “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code Known as the “Quarry Street Rezoning” -- Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Farrell RESOLVED, That Ordinance 99 -_____ entitled “An Ordinance Amending The “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” 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, The Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, on Wednesday, August 4, 1999 at 7:00 p.m., and be it further July 7, 1999 14 RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered is as follows: An Ordinance Amending The “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code Known as the “Quarry Street Rezoning” 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 Official Zoning Map of the City of Ithaca, New York of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code is hereby amended as follows: The zoning district designation for portions of the certain tracts of land is changed from P-1 to R-3a as indicated on the map entitled “Quarry Street Rezoning” dated 17 June 1999. The tracts so changed in designation are portions of parcels 83.- 24.21and 89.-2-2 as indicted on the “Tax Map, City of Ithaca, Tompkins County, NY” as of tax map status date 3/1/97. Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 21. NEW BUSINESS: Resolution of Support for the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund By Alderperson Vaughan: Seconded by Alderperson Shenk WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York’s more that 4,300 local governments, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the LGRMIF operated successfully and supported essential advisement and grants projects specifically to improve July 7, 1999 15 the management of records and information in local governments, and WHEREAS, the New York State Legislature in 1995 extended the sunset date to December 31, 2000, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, the City of Ithaca has benefited from technical assistance, training, publications, and six grants totaling $158,227 supported by the LGRMIF, and WHEREAS, the LGRMIF continues to be critically important in the fulfillment of the many records and information related responsibilities of the City of Ithaca; now therefore, be it RESOLVED, That the City of Ithaca supports the elimination of said sunset provision of December 31, 2000 in order to make the LGRMIF permanent. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:30 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor