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Home My WebLink AboutMN-CC-1999-09-01 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 September 1, 1999 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey Manos, Farrell, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys City Controller – Cafferillo Deputy Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray City Chamberlain – Parsons Human Resources Director – Michell-Nunn Acting Building Commissioner – Radke Fire Chief – Wilbur Assistant City Attorney – Dunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Resolution By Alderperson Marcham: Seconded by Alderperson Taylor RESOLVED, That the minutes of the May 6, 1998, June 3, 1998, July 1, 1998, and March 17, 1999 meetings be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: NEW BUSINESS: Mayor Cohen requested the addition of Item 21.1 - Transfer of Restricted Contingency Funds for Y2K, Item 21.2 - Executive Session - Collective Bargaining, and The Employment History of an Individual. Alderperson Marcham requested the addition of Item 21.3 - Odd/Even Parking Courtesy Cards. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: Alderperson Blumenthal requested the deletion of Item 18.3(a), (b), and (c). No Council member objected. SPECIAL ORDER OF BUSINESS: 4.1 A 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 Construction of New Dwellings By Alderperson Vaughan: Seconded By Alderperson Spielholz 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 Construction of New Dwellings be declared open. Carried Unanimously September 1, 1999 2 The following residents spoke in favor of the proposed temporary moratorium of the construction of new dwellings in the Collegetown area: Doreen Rudan Sean Killeen Joel Shavashinsky Ellen McCollister Francis Weisman Richard Booth Dan Hoffman Nel Mundy Jim Ferwerda Michael Gold Mary Tomlan City Clerk Conley Holcomb read a letter of support of the moratorium submitted by Fay Gougakis. The following residents spoke in opposition to the proposed temporary moratorium: Peter Lowly Ken Ivens, President, Tompkins County Chamber of Commerce The following people addressed the severe parking problems in the Collegetown area: Joel Harlan Bob Gates, Collegetown Business Owner presented a petition regarding parking problems in Collegetown. Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Blumenthal 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 Construction of New Dwellings be closed. Carried Unanimously 4.2 A Public Hearing to Consider 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 “Waterfront Zoning District” By Alderperson Spielholz: Seconded by Alderperson Shenk RESOLVED, That the Public Hearing to Consider 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 “Waterfront Zoning District” be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Spielholz: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing to Consider 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 “Waterfront Zoning District” be closed. Carried Unanimously September 1, 1999 3 4.3 A Public Hearing to Consider the Adoption of the West End Urban Design Plan By Alderperson Hershey: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing to Consider the Adoption of the West End Urban Design Plan be declared open. Carried Unanimously Gary Jane, City of Ithaca, and Martin Bull, representing Bull Brothers, spoke in opposition to the West End Urban Design Plan. Joel Harlan spoke in favor of West End development. Alderperson Farrell read comments from Lynn Jacqiuer and David Elliott regarding Cleveland Avenue improvements. Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That the Public Hearing to Consider the Adoption of the West End Urban Design Plan be closed. Carried Unanimously YOUTH AWARD: Alderpersons Spielholz and Marcham presented the September Youth Award to the Special Leadership Class, sponsored by the Youth Bureau’s One to One program. Among other projects, this group planned and organized an evening of games for Northside kids during the National Night Out festivities. Members of this group also assisted in weekly arts and crafts classes for the younger children in the Northside. MAYOR'S APPOINTMENTS: Ithaca Housing Authority Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approves the appointment of Raymond Melton to the Ithaca Housing Authority, with a term to expire October 17, 2002 and Cecelia Vargas to the Ithaca Housing Authority, with a term to expire October 17, 2003. Carried Unanimously Shade Tree Advisory Committee Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approves the appointment of Monica Roth to the Shade Tree Advisory Committee, with a term to expire December 31, 2001. Carried Unanimously Examining Board of Electricians Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approves the appointment of Thomas Blecher to the Examining Board of Electricians, with a term to expire December 31, 2001. Carried Unanimously September 1, 1999 4 Cable Commission Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approves the appointment of Tom Edwards to the Cable Commission, with a term to expire December 31, 2003. Carried Unanimously Disability Advisory Council Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approve the appointments of the following to the Disability Advisory Council: Richard Farruggio with a term to expire June 30, 2001. Margaret McCasland, with a term to expire June 30, 2002. Sherry Thurston, with a term to expire June 30, 2002. Cathi Ganger, with a term to expire June 30, 2002. John Ives, with a term to expire June 30, 2001. Diana Pogson, with a term to expire June 30, 2000. Carried Unanimously Design Review Board Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approve the appointment of Raymond DiPasquale to the Design Review Board, with a term to expire December 31, 2001, and appointment of Victoria Anagnost to the Design Review Board, with a term to expire December 31, 2000. Carried Unanimously Youth Bureau Board Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approve the appointment of Sheila Hemami to the Youth Bureau Board, with a term to expire December 31, 1999. Carried Unanimously Bicycle Pedestrian Advisory Council Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approve the appointments of the following to the Bicycle-Pedestrian Advisory Council: Donald Tall, with a term to expire December 31, 1999. Eugenio Bush, with a term to expire December 31, 1999. Esther Gass, with a term to expire December 31, 2001. Carried Unanimously Commons Advisory Board Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That Common Council approve the appointments of the following to the Commons Advisory Board: Joseph Wetmore, with a term to expire December 31, 2000. Natan Huffman, with a term to expire December 31, 2000. Kristin Lewis, with a term to expire December 31, 2000. Carried Unanimously Alderperson Sams questioned Mr. Ferguson’s appointment to the Commons Advisory Board as a possible conflict of interest. City September 1, 1999 5 Attorney Geldenhuys stated that she will review this concern and report back to Council with the findings later in the meeting. Alderperson Blumenthal questioned the appointment of Julie Conley Holcomb to the Commons Advisory Board stating that it was a possible conflict of interest having a staff person sit on an Advisory Board, and that this could possibly set a precedence for other committees. Mayor Cohen stated that the City Attorney’s Office has reviewed Alderperson Blumenthal’s concerns, and has deemed that there is no conflict of interest. Resolution By Mayor Cohen: Seconded by Alderperson Shenk RESOLVED, That Common Council approve the appointment of Julie Conley Holcomb to the Commons Advisory Board, with a term to expire December 31, 1999. Ayes (9) Shenk, Manos, Sams, Farrell, Vaughan, Marcham, Spielholz, Hershey, Taylor Nays (1) Blumenthal Carried City Attorney Geldenhuys reported that there is no conflict of interest for a person who is either employed by the Business Improvement District or serving on the Business Improvement District Board to be on the Commons Advisory Board. City Attorney Geldenhuys further explained that as the Commons Advisory Board is an advisory body, there are no violations of provisions under the General Municipal Law and City Code conflict of interest rules. Resolution By Mayor Cohen: Seconded by Alderperson Manos RESOLVED, That Common Council approve the appointment of Gary Ferguson to the Commons Advisory Board, with a term to expire December 31, 1999. Ayes (9) Shenk, Manos, Sams, Farrell, Vaughan, Marcham, Taylor, Hershey, Spielholz Nays (1) Sams Carried PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan spoke regarding crime in the community due to the lack of Common Council action, and economic development. Gary Janes, City of Ithaca, commented that Common Council and the people of the City need to work together, and plan. Brent Wojnowski and Brian Carter, City of Ithaca, requested that the in-line skaters be allowed to skate downtown near Madeline’s Patiserie until the skate park is completed. They thanked Council for the construction of the skateboard park. September 1, 1999 6 Martin Bull, Bull Brothers, spoke about property owner notification re-zoning proposals. RESPONSE TO THE PUBLIC: Alderperson Blumenthal responded to comments made by Mr. Bull stating that zoning amendments are advertised in the local newspaper and through media coverage. Alderperson Shenk responded to deny the in-line skater’s request. Alderperson Shenk offered Cass Park as an alternative skating park. She further expressed displeasure the incomplete status of the skateboard park. Alderperson Sams stated that the skateboard park should be finished in three weeks. Alderperson Sams further suggested that supervision for the skateboard park be put on the Community Issues agenda for discussion. She also recommended that the City consider property owner notification for zoning changes. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 18.1 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 By Alderperson Blumenthal: Seconded by Alderperson Vaughan Local Law No. -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 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 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: September 1, 1999 7 (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 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 September 1, 1999 8 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. 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 September 1, 1999 9 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. 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. Amending Resolution By Mayor Cohen: Seconded by Alderperson Vaughan RESOLVED, That Section 5(C) be amended to read as follows: “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 resident of the area subject to the moratorium. The scope of, and contract for, such study shall be approved and authorized by Common Council. Discussion followed on the floor regarding the scope of the study, and the desired end results. Mayor Cohen and Alderperson Vaughan withdrew their motion. Alderperson Taylor suggested that Senior Week Enforcement strategies should be in place during the Fall as well as in the Spring. September 1, 1999 10 Alderperson Vaughan stated that she will be meeting with senior leaders of Cornell University to discuss behavior issues. A vote on the Local Law resulted as follows: Ayes (8) Sams, Farrell, Blumenthal Vaughan, Marcham, Spielholz, Hershey, Taylor Nays (2) Manos, Shenk Carried RECESS: On a motion Common Council recessed at 9:30 P.M. RECONVENE: Common Council reconvened into regular session at 9:50 P.M. 18.2 Collegetown Moratorium – Building Permits Weekly Report - Resolution By Alderperson Blumenthal: Seconded by Alderperson Vaughan Whereas, Common Council has enacted a moratorium in the Collegetown area on the construction of new dwellings, and on alterations or additions to existing dwellings that would increase the legal occupancy of such dwellings by more than three (3) adults, and Whereas, Common Council would like to monitor construction activity and understand changes in housing market conditions in the Collegetown area during the moratorium period; now, therefore be it RESOLVED, That the Building Commissioner shall provide to Common Council a weekly report of permits granted (by address) for dwellings (as defined in the Code of the City of Ithaca, Building and Land Use Regulations, Section 325-3) in the moratorium zone for the duration of the moratorium, and, be it further RESOLVED, That the weekly report include information for the following permits granted after July 5, 1999 that increase occupancy in the Collegetown moratorium zone by any amount: new construction, renovations or alterations, and additions to dwellings; BZA variances and special permits; and certificates of occupancy, and, be it further RESOLVED, That the following information be provided in the weekly report for each permit: the number of units in the dwelling structure, the number of bedrooms in each dwelling unit, the number of occupants permitted in each dwelling unit, the number of parking spaces for each dwelling unit, and the addition of on-site parking spaces for dwelling units, and, be it further RESOLVED, That a weekly report is not required if no permits are granted. September 1, 1999 11 Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, That the third Resolved clause be deleted from the resolution. Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously 18.4 An Ordinance Amending Sections 210-5, 210-7, 210-8 of Chapter 210 entitled “Housing Standards” of the City of Ithaca Municipal Code By Alderperson Blumenthal: Seconded by Alderperson Marcham ORDINANCE 99- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Sections 210-5, 210-7 and 210-8 of Chapter 210 entitled “Housing Standards” of the City of Ithaca Municipal Code, are hereby amended as follows: Section 2. Section 210-5.entitled “Definitions” shall add the following definitions: APARTMENT HOTEL—A multiple dwelling comprised of dwelling units which are offered for occupancy for a period of less than 30 days. APARTMENT HOUSE—A multiple dwelling comprised of dwelling units which are occupied for periods of 30 days or more. COMMUNITY RESIDENCE—A facility for the mentally disabled as defined by the Mental Hygiene Law, Section 1.03(28), 1981. DEPENDENT— Any individual described in paragraphs (1) through (10) of section 152(a) of Title 26 I.R.C. (1999 edition) over half of whose support, for the calendar year in which taxable year of the taxpayer begins, was received from the taxpayer. GARDEN APARTMENT—A multiple dwelling or group of multiple dwellings containing dwelling units, occupying not more than 35% of the area of the site or plot on which such dwellings or dwelling units are situated. GROUP B-1—A multiple dwelling classification that includes residential buildings used for permanent occupancy configured as a single dwelling unit or multiple dwelling units with provisions for living, cooking, sanitary and sleeping facilities within the unit or units. GROUP B-2—A multiple dwelling classification that includes: A. Residential buildings or dwelling units with sleeping accommodations for more than five (5) persons used or occupied as a club, dormitory, fraternity or sorority house, cooperative house or similar uses. September 1, 1999 12 B. Residential buildings or dwelling units with sleeping accommodations for more than ten (10) persons used or occupied as student housing by the same person or persons for a period coinciding with the term of the school year or any part of the school year. C. Residential buildings or dwelling units with sleeping accommodations for transient occupants. D. Lodging units and single-rooms-to-let. HOTELS—A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, for more than 15 transient guests, for compensation. LODGER – A transient, temporary or permanent guest or tenant. MOTEL—A multiple dwelling, intended primarily for motorists, not over two stories in height, in which the exit from each dwelling unit or sleeping room is directly to the exterior. (Includes but is not limited to the terms motor court, motor hotel, tourist court). OCCUPANT—A person that is permitted to occupy a dwelling unit or building excluding minor dependent children of the same person. SINGLE-ROOMS-TO-LET—An individually rented room that provides space for sleeping but does not provide sanitary fixtures within the room itself. Bathrooms are shared by tenants occupying rooms on any one floor. SLEEPING ROOM—A room used and intended to be used for sleeping on a regular basis which meets the State code requirements for habitable space and which is completely enclosed and separated from all other spaces in the dwelling by full height walls and a door so as to provide privacy for the occupant(s). Section 3. Section 210-5 shall amend the following definitions: LODGING UNIT -- A room or group of rooms forming a single habitable unit including rooms rented on an individual basis used or intended to be used for lodging. MULTIPLE DWELLING: A. A building containing three or more dwelling units. B. A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families. C. A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants. D. A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, cooperative house or for similar uses. September 1, 1999 13 E. A building used or occupied as a convalescent, old-age or nursing home, but not including private or public hospitals or public institutions. (See § 210-2B for certain multiple dwellings not within scope of this Part 1.) (See § 210-7B for occupancy classifications of multiple dwellings.) F. Community residences. Section 4. Section 210-7 entitled “Occupancy classifications” shall be amended as follows: Buildings, for the purpose of this Part 1, shall be classified in respect to their occupancies as follows: A. One- and two-family dwellings: buildings containing one (1) or two (2) dwelling units with fewer than four (4) lodgers residing with a family in either one of such dwelling units. B. Multiple dwellings: The following types of buildings are multiple dwellings and are required to be classified as Group B-1 under New York State Uniform Fire Prevention and Building Code. (1) Buildings containing one (1) or two (2) dwelling units with more than four (4) lodgers, other than lodgers defined under the Group B-2 use category below, residing with a family in either one of such dwelling units. (2) Buildings containing three (3) or more dwelling units. (3) Apartment houses. (4) Garden Apartments. (5) Community residences. The following types of buildings are multiple dwellings and are required to be classified as Group B-2 under the New York State Uniform Fire Prevention and Building Code. (1) Hotels (2) Lodging Houses and rooms-to-let. (3) Buildings or dwelling units with sleeping accommodations for more than five (5) persons used or occupied as a club, dormitory, fraternity or sorority house, cooperative house or similar uses. (4) Buildings or dwelling units with sleeping accommodations for more than ten (10) persons used or occupied as student housing by the same person or persons for a period coinciding with the term of the school year or any part of the school year. (5) Motels. (6) Apartment hotels. September 1, 1999 14 C. Accessory structures: garages, carports and similar-type structures on residential premises. Section 5. Section 210-8 entitled “Maximum Occupancy” shall be amended as follows: 210-8. Maximum Number of Occupants in Dwelling Units. A. Dwelling units with separate sleeping rooms. In dwelling units that consist of a sleeping room or sleeping rooms separate from a common area(s), the maximum number of occupants permitted to occupy the dwelling unit shall be limited based on the square footage of the floor area of both the sleeping room(s), and the overall habitable space in the dwelling unit other than kitchens, bathrooms, toilet rooms, hallways and non- habitable spaces as established by the following table: Maximum Number of Sleeping Room Size Overall Habitable Space in Square Occupants in Square Feet Feet (other than kitchens, bathrooms,toilet, hallways and non-habitable spaces, e.g. closets) 1 80-119 150-249 2 120-179 250-349 3 180-239 350-449 4 or more 240, plus 60 square feet 450, plus 100 for for each additional person each additional person B. Dwelling units with no separate sleeping rooms (i.e. “studio” apartments). In dwelling units with no separate sleeping rooms, such as “studio” apartments, the maximum number of occupants permitted to occupy the dwelling unit shall be limited based on the square footage of the floor area of the overall habitable space in the dwelling unit other than kitchens, bathrooms, toilet rooms, hallways and non-habitable spaces as established by the following table: Maximum Number of Overall Habitable Space in Square Occupants Feet(other than kitchens, bathrooms, toilet rooms,hallways and non-habitable spaces, e.g. closets) 1 150-249 2 250-349 3 350-449 4 or more 450, plus 100 square feet for each additional person C. Lodging units including but not limited to rooms for rent. In lodging units the maximum number of occupants permitted to occupy each unit shall be limited based on the square footage of the floor area of the unit other than kitchens, bathrooms, toilet rooms, and non-habitable spaces as established by the following table: September 1, 1999 15 Maximum Number of Lodging Unit in Square Feet Occupants (other than kitchens, bathrooms, toilet rooms, hallways and other non- habitable spaces, e.g. closets) 1 150-249 2 250-349 3 350-449 4 450, plus 100 square feet for each additional person Section 5. Section 210-8(D) shall become Section 210-8(E) and a new Section 210-8(D) shall be added as follows: D. Clubs, Dormitories, Sorority or Fraternity Houses or Cooperative Houses In buildings occupied as clubs, dormitories, sorority or fraternity houses or cooperative houses and providing sleeping accommodations for more than five (5) persons, the maximum number of occupants permitted to occupy the building as a whole shall be limited to the maximum number of occupants that are permitted to occupy the sleeping rooms in the building. In any sleeping room the maximum number of occupants permitted to occupy the sleeping room shall be limited to one person per sixty square feet of sleeping room floor area. Any fraction of a square foot must be rounded down to the nearest whole number. E. [Added 8-1-1990 by Ord. No. 90-8] The Building Commissioner shall, after consultation with the appropriate representatives of the Ithaca Fire Department, have the authority to grant a temporary variance to the requirements of this section. (1) In considering whether to grant such variance, the Building Commissioner shall consider the following factors: (a) Whether the granting of such variance would adversely affect the health or safety of the occupants of the premises or the occupants of adjacent premises. (b) Whether the premises comply with any other recognized occupancy standards. (c) The hardship which would be imposed on the owner of the premises and/or the prospective occupants of the premises if the variance was not granted. (d) The inability of the owner of the premises to have the decision as to whether a variance should be granted decided in a timely manner by the Housing Board of Review. Any variance granted under this section shall be valid only for a period of two months after this grant. Section 6. A new section 210-8(F) shall be added as follows: F. The provisions set forth in this section shall apply in addition to any other provisions of the municipal code applicable to each zoning district. September 1, 1999 16 Section 7. This ordinance shall take effect immediately an in accordance with the law upon publication of notices provided in the Ithaca City Charter. Carried Unanimously 18.5 West End Urban Design Plan a) Determination of Environmental Significance – Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the City of Ithaca is proposing the adoption of the West End Urban Design Plan 1998, prepared by the City of Ithaca Planning and Development Department staff, in conjunction with a client committee known as the West End Urban Design Committee, and WHEREAS, appropriate environmental review for the adoption of the West End Urban Design Plan has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), a Long Environmental Assessment Form Parts I, II, and III, and WHEREAS, the proposed action is an Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF, dated December 4, 1998 and the LEAF Parts I, II, and III dated August 30, 1999 and has determined that adoption of the proposed plan will not have a significant effect on the environmental; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth in the Long Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review for the adoption of this plan is unnecessary, and be it further RESOLVED, that future development proposals for the project area are subject to environmental review under both the City Environmental Quality Review Ordinance and the State Environmental Quality Review Act, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously b) Adoption of West End Urban Design Plan – Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the City of Ithaca Common Council recognizes that the proposed West End Urban Design Plan is the product of an extensive process which involved public participation including public review and comment of proposals developed by a client committee and planning staff, and September 1, 1999 17 WHEREAS, members of Common Council have reviewed the proposed final draft of the West End Urban Design Plan dated November 1998, prepared by City of Ithaca Planning & Development Department staff, in conjunction with a client committee known as the West End Urban Design Committee and WHEREAS, key proposals and components of the plan include:  redevelopment to create a pedestrian and bicycle friendly, urban, mixed use neighborhood with multi-story buildings for housing, offices and shops.  establishment of a cohesive visual character created by a continuous street edge and consistent fifteen foot set-back from the curb.  locating parking at the rear of buildings. Where rear parking is not possible parking is to be placed between building with a low wall or plantings added to maintain the street wall.  creating a generous separation between pedestrians and vehicles.  establishment of a physical separation between the residential and commercial zone east of Meadow Street  increased planting of street trees to grow tall and provide a canopy  strengthening of visual and transportation links to Inlet Island and the Commons  preservation of views to West Hill  increased access to the Six Mile Creek and Cayuga Inlet waterfronts  adoption of a new zoning district requiring site plan review for all building permit applications WHEREAS, comments have been received, reviewed and incorporated where appropriate from the Conservation Advisory Council, the Director of the Ithaca-Tompkins County Transportation Council, the Tompkins County Commissioner of Planning, the Citizens Planning Alliance and Building Links Inc., a west end community development corporation, and WHEREAS, members of Common Council recognize that the Plan is conceptual in nature and that as specific projects are proposed, they will be subject to environmental review in accordance with SEQR and CEQR and site plan review as set forth in the City of Ithaca Site Development Plan Review Ordinance, and WHEREAS, members of Common Council recognize that the Plan includes sufficient flexibility for future decision-makers to allow for the implementation of items proposed in the Plan, and, WHEREAS, the guidelines and standards included in the Plan will provide a framework for the Planning and Development Board when reviewing new development proposals in the West End area, and WHEREAS, it is the City's desire and intent that a portion of new housing in the West End be attractive and affordable to an ethnically and economically diverse population and that the city will actively encourage similar diversity in the ownership and operation of businesses in the West End, now, therefore, be it September 1, 1999 18 RESOLVED, That the City of Ithaca Common Council hereby adopts the West End Urban Design Plan 1999 as a component of the City of Ithaca's Comprehensive Plan with revisions in the memorandum of August 17, 1999. Carried Unanimously 18.6 Site Plan Review for City Buildings and Property – Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell Whereas, the City of Ithaca desires to manage its physical resources including land and buildings in a way that will benefit city residents and protect the city's built environment, and Whereas, the City needs to develop procedures and practices to maintain or enhance the appearance of its properties and buildings to preserve their value to the community when visible changes are proposed, and Whereas, each property and building displays unique qualities and attributes and these factors should be considered in the decision to modify buildings or grounds, and Whereas, there are often planning and aesthetic issues related to the visual modification of City buildings or grounds; now, therefore be it RESOLVED, That the Department of Planning and Development should be consulted for advice regarding possible planning issues related to the modification of City buildings and grounds, and, be it further RESOLVED, That where appropriate, proposed alterations or visual modifications to City-owned buildings and grounds shall be subject to site plan review by the Department of Planning and Development. Carried Unanimously 20. BUDGET AND ADMINISTRATION COMMITTEEE: 20.1 An Ordinance Amending Section 146-37(E) Entitled “Special Reciprocal Licenses” of the City of Ithaca Municipal Code By Alderperson Marcham: Seconded by Alderperson Manos ORDINANCE 99- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. The City of Ithaca Municipal Code, Section 146- 37(E) entitled “Special Reciprocal Licenses” is hereby amended as follows: E. [Added 10-7-1998 by Ord. No. 98-26] Special reciprocal licenses. All persons that undertake or contract to do the work of an electrician who are not licensed by the City of Ithaca and are licensed by another municipality will be considered for a special reciprocal license. Such persons are required to provide any information that the Examining Board of Electricians may require September 1, 1999 19 for a special reciprocal license. A fee, based on the schedule below, is due for each electrical contract undertaken by such person. The Examining Board shall review the credentials of all such persons and conduct any review that the Board deems necessary to carry out their purpose to protect the best interests of the City of Ithaca. In the event that a special reciprocal license is denied, the Board shall provide the applicant with a written denial letter that fully states the reasons for denial. Any such denial may be appealed in the same manner as the appeal of city electrical license revocation. Amount of Electrical Contract Fee Due Less than $50,000 of electrical work $200 $50,000 to $100,000 of electrical work $500 Greater than $100,000 of electrical work $1,000 Section 2. This ordinance shall take effect immediately an in accordance with the law upon publication of notices provided in the Ithaca City Charter. Ayes (9) Shenk, Manos, Sams, Marcham Blumenthal, Vaughan, Taylor, Hershey, Spielholz Nays (1) Farrell Carried 20.2 DPW – Approval of 1996 Clean Water/Clean Air Bond Act Dam Project Application – Resolution By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca herein called the “Municipality”, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project”, is desirable, is in the public interest, and is required in order to implement the Project, and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for dam safety projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; now, therefore, be it RESOLVED, That Common Council hereby recommends the following resolution: 1. That the Superintendent of Public Works is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State Assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance; September 1, 1999 20 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Payments for Dam Safety Projects; 4. That this resolution take effect immediately. Carried Unanimously 20.3 DPW – Approve Amendment to Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the City Electrician position has undergone considerable changes over the past few years and the position is in need of an upgrade to reflect to work currently performed; now, therefore, be it RESOLVED, That the Department of Public Works Authorized Personnel Roster be amended as follows: Add: One (1) Supervisor of Electrical Services Delete: One (1) City Electrician And be it further RESOLVED, That Jim Crandall be appointed to the position of Supervisor of Electrical Services at an annual 1999 salary of $35,788 effective September 15, 1999, and be it further RESOLVED, That the above amendment shall be contingent upon all approvals by the Civil Service Commission at its next meeting, and be it further RESOLVED, That funding for said personnel amendment shall be derived within the existing DPW budget. Carried Unanimously 20.4 Fire Department – Approval of Sale Process for Fire Station #7 – Resolution By Alderperson Marcham: Seconded by Alderperson Blumenthal RESOLVED, That Common Council hereby directs the Board of Fire Commissioners to sell Fire Station #7 by a sealed bid process in conjunction with the Controller’s Office with the provision that any changes to the exterior of the building be subject to binding review by the Ithaca Landmark Preservation Commission, and be it further, RESOLVED, That upon opening of the bids a recommendation for sale shall be forwarded to Council for authorization to the qualified buyer and execution of the sales contract with the understanding that Common Council reserves the right to reject any and all bids, and RESOLVED, That the Fifth Ward Council members shall be consulted regarding acceptance of any bid for the property, and September 1, 1999 21 RESOLVED, That the proceed from the sale of said fire station will be allocated upon a mutually agreed upon arrangement between Common Council and the Fire Department. Discussion followed regarding exploring the possibilities for future use of this structure with a focus on historic preservation. Fire Chief Wilbur stated that the Board of Fire Commissioners has the authority to hold and convey real property, and that the resolution should be amended to reflect the Board’s authority. Motion to Table By Alderperson Marcham: Seconded by Alderperson Vaughan RESOLVED, That this item be tabled and referred to the Budget and Administration Committee for further review. Ayes (9) Shenk, Manos, Sams, Farrell Blumenthal, Vaughan, Marcham, Spielholz, Hershey Nays (1) Taylor Carried 20.5 City Chamberlain – Establishment of Capital Project for Parking Ticket Issuance System- Resolution By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the City’s current parking ticket issuance and enforcement software and hardware are not Year 2000 compliant and are in need of replacement, and WHEREAS, the City Chamberlain has received Request for Proposals (RFP) for a hardware parking ticket issuance package and a proposal for a complete hardware and software parking ticket issuance package, and is recommending the firm of Enforcement Technology, Inc. of Irvine, California, be awarded the contract to supply the City with Hardware and File Transfer Software for the City’s parking ticket issuance system at a cost of $55,000 including contingency and financing costs, and WHEREAS, MUNIS is continuing to develop the collection and enforcement software for the traffic issuance system, which is scheduled to be completed by October 1, 1999, however, if the software is not completed and operational by that time, staff is recommending that Enforcement Technology, Inc. be awarded the collection and enforcement software as well, at a cost of $35,000 including contingency and financing costs; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #385 Parking Ticket Issuance System at a cost not to exceed $90,000 for the purchase of Parking Ticket Issuance System hardware and software, and be it further RESOLVED, That the parking ticket software from Enforcement Technology, Inc. ($35,000) will only be acquired if the MUNIS software application does not meet staff expectations, and be it further September 1, 1999 22 RESOLVED, That Common Council hereby awards the contract for the Parking Ticket Issuance Hardware and File Transfer Software Acquisition to Enforcement Technology, Inc., and be it further RESOLVED, That funds needed for said acquisition shall be advanced by the General Fund and later reimbursed by the issuance of Serial Bonds. Carried Unanimously 20.6 Planning Department – Establishment of Capital Project for Commons Improvement Design and Budgetary Consultant – Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, the Commons Design Review Committee has completed their report and made several recommendations for improvements to The Commons, and WHEREAS, the recommendations for The Commons cannot be realistically evaluated until costs are attached to each recommendation and alternative, and WHEREAS, a recommendation has been made that a consultant be hired at an estimated cost of $25,000 to attach costs to the Commons Design Review Committee recommendations; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #386 Commons Improvements in an amount not to exceed $25,000 for the purposes of hiring a consultant to prepare conceptual designs and preliminary budgetary cost estimates for the various recommended improvements made by the Commons Design Review Committee, and be it further RESOLVED, That the consultant’s report be forwarded to Council’s Planning Committee to discuss the proposed designs and recommend a prioritized list for Council to consider, and be it further RESOLVED, That funding for said project shall be advanced by the General Fund and reimbursed through the issuance of Serial Bonds. Discussion followed regarding the need for a consultant and what is included in the scope of the project. Amending Resolution By Alderperson Shenk: Seconded by Alderperson Farrell RESOLVED, That the amount in the third Whereas clause and the second Resolved clause be changed to $20,000.00. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously September 1, 1999 23 20.7 Mayor – State Revenue Sharing Level – Possible Resolution Mayor Cohen reported that Council members received information regarding a NYCOM press release on State Revenue Sharing. Mayor Cohen stated the City has not ascertained whether or not it is worth pursuing a lawsuit for monies that were technically owed by State law. Mayor Cohen has instructed the City Attorney’s Office to file a Notice of Claim. Mayor Cohen will report to the Budget and Administration Committee and Common Council on what action will be taken. 20.8 Position Review Committee: A report on the August meeting has been distributed to Council members. 21. NEW BUSINESS: 21.1 Request Transfer of Funds from Restricted Contingency for Year 2000 Activity By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the Year 2000 Planning Committee is recommending a City-wide mailing of a Year 2000 City government brochure, and WHEREAS, a cost estimate for brochure printing and mailing by Challenge Industries ahs been established at $2,200; now, therefore be it RESOLVED, That Common Council hereby authorizes an amount not to exceed $2,200 be transferred from Account A1990 Restricted Contingency to Account A1317-5425 Office Expense for the purposes of printing and mailing said Year 2000 brochures. Carried Alderperson Taylor was absent for the vote. 21.2 Odd/Even Parking Violation Courtesy Cards Alderperson Marcham requested that Common Council consider the implementation of a program authorizing Police Department staff to issue courtesy cards explaining the City’s odd/even parking system for a one-week period during the late summer in place of a parking ticket. Alderperson Hershey explained that the Board of Public Works will be considering making the odd/even parking system effective throughout the City only during the months of November – April when plowing snow is a priority. This amended system would be implemented in 2000. Discussion followed on the floor regarding what could be done for the remainder of 1999. Resolution By Alderperson Marcham: Seconded by Alderperson Blumenthal RESOLVED, That the consideration of the implementation of a one-week odd/even parking courtesy card program be referred to the September 8, 1999 Community Issues Committee meeting, where input from the Ithaca Police Department can be obtained, and, be it further RESOLVED, That the Community Issues Committee will have Power to Act on this issue. Carried Unanimously September 1, 1999 24 Executive Session By Alderperson Blumenthal: Seconded by Alderperson Manos RESOLVED, That Common Council adjourn into Executive Session to discuss an item of collective bargaining and two items relating to the employment history of an individual. Carried Unanimously Reconvene: Common Council reconvened into Regular Session at 12:30 A.M. 21.3 Request for Funds for Legal Assistance - Resolution By Alderperson Blumenthal: Seconded by Alderperson Marcham WHEREAS, disciplinary charges were brought against the Building commissioner on August 25, 1999; and WHEREAS, prosecution of said charges by the city is expected to require approximately one hundred twenty (120) hours of attorney time; and WHEREAS, pursuant to Section 26.1 of the Charter of the City of Ithaca, a limited time period of forty-five (45) days after a request for a hearing is allocated for said prosecution, and WHEREAS, the City Attorney’s Office does not have sufficient staff to assign an attorney to said prosecution for the time required without seriously jeopardizing its other legal work; and WHEREAS, it would be in the best interests of the City to hire an independent contractor with the time, experience and expertise to prosecute this matter, now therefore be it RESOLVED, That the City Attorney’s office is authorized to enter into a contract with Brown, Pinnisi, & Michaels, P.C. as an independent contractor for legal services, to be reimbursed at the rate of $125.00 per hour for a total of not more than one hundred twenty (120) hours, for a total amount not to exceed $15,000, and, be it further RESOLVED, That the sum of $15,000 shall be transferred from an account to be determined in consultation with the City Controller to account A1420-5435 (City Attorney – contracts). Carried Unanimously 21.4 Salary Adjustment for Acting Building Commissioner - Resolution By Alderperson Blumenthal: Seconded by Alderperson Spielholz RESOLVED, That Phyllis Radke, Deputy Building Commissioner, be temporarily appointed as Acting Building Commissioner at a salary of $56,585. Carried Alderperson Farrell was absent from the vote. Alderperson Blumenthal reported on the selection of John Crotty as the Hearing Officer for the Building Commissioner Eckstrom hearing. September 1, 1999 25 22. OLD BUSINESS: By Alderperson Hershey: Seconded by Alderperson Blumenthal WHEREAS, University Avenue, Willard Way and Lake Street are being reconstructed as part of Cornell University’s Lake Source Cooling Project, and WHEREAS, new curbs and driveways are being replaced in the intersection of these streets, and WHEREAS, the location of a pre-existing driveway near the northwest corner of University Avenue/Willard Way is closer to the corner than current city standards recommend, and WHEREAS, the major cause for concern from a safety standpoint is that autos exiting at that point would create a hazard to oncoming and turning traffic, and WHEREAS, the current owner of the property, which is operated as a religious educational and cultural institution, has agreed to operate the driveway as a circular traffic loop, prohibiting autos from exiting at the entrance near the corner or entering at the end of the loop downhill, and WHEREAS, time is of the essence because of the street reconstruction schedule and the Superintendent of Public works has indicated to Common Council that he is reluctant to make an exception in this case without direction from Council and WHEREAS, Common Council has examined accident data and has determined that the current uphill driveway, which has been there for many decades. Poses no threat when it is used solely as an entrance, now therefore be it RESOLVED, That the existing curb cut for the driveway at 102 Willard Way, near the northwest corner of University Avenue/Willard Way and Lake Street, is permitted to remain open, and, be it further RESOLVED, That the property owner will place appropriate signage at the entrance to the driveway at the owner’s expense, and, be it further RESOLVED, That the signage will say “One-Way, Entrance Only” at the entrance and “Do Not Enter, Exit Only” at the exit, and, be it further RESOLVED, That permission for the driveway will be rescinded if autos exit from the entrance driveway, and, be it further RESOLVED, That this provision will run with the property when the property changes hands. Alderperson Hershey explained the use of the property and the financial concerns of the property owners. Alderperson Blumenthal reported on the vehicular accident data that she collected for this intersection. September 1, 1999 26 Superintendent of Public Works Gray spoke in opposition of this resolution and voiced his concerns as this configuration does not conform to current safety standards. A vote on the Resolution resulted as follows: Ayes (6) Hershey, Taylor, Blumenthal, Sams, Shenk, Spielholz Nays (1) Vaughan Abstentions (2) Manos, Marcham Carried Alderperson Farrell was absent from vote. ADJOURNMENT: On a motion the meeting adjourned at 12:50 A.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor