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HomeMy WebLinkAboutMN-CC-2000-05-03 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 May 3, 2000 PRESENT: Mayor Cohen Alderpersons (9) Pryor, Sams, Blumenthal, Manos, Farrell, Vaughan, Spielho1z, Taylor, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb Assistant City Attorney – Dunn City Controller – Cafferillo Planning and Development Director – Van Cort Economic Developer – McDonald Community Developer Planner - Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider a Proposed Program Amendment To Expand the Target Area for the West End Housing Improvement Program By Alderperson Farrell: Seconded by Alderperson Manos RESOLVED, That the Public Hearing to consider Proposed Program Amendment To Expand the Target Area for the West End Housing Improvement Program be declared open. Carried Unanimously No one appeared to address Council on this issue. Resolution to Close Public Hearing: By Alderperson Pryor: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing on Proposed Program Amendment To Expand the Target Area for the West End Housing Improvement Program be declared close. Carried Unanimously 4.2 A Public Hearing to Consider an Amendment to the Zoning Map for the West End Development District By Alderperson Farrell: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing on Amendment to the Zoning Map for the West End Development District be declared open. Carried Unanimously No one appeared to address Council on this issue. Resolution to Close Public Hearing: By Alderperson Hershey: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing on Amendment to the Zoning Map for the West End Development District be declared closed. Carried Unanimously May 3, 2000 2 4.3 Appointments to the City of Ithaca Board of Assessment Review - Resolution By Alderperson Farrell: Seconded by Alderperson Manos RESOLVED, That Alderperson Pryor and Mayor Cohen be appointed to serve on the City of Ithaca Board of Assessment Review for 2000. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Blumenthal requested that Item 18.3 - Policy and Procedure for Retention of Historic Stone Sidewalks be deleted from the agenda. No Council member objected MAYOR'S APPOINTMENTS: Board of Zoning Appeals By Mayor Cohen: Seconded by Alderperson Pryor RESOLVED, that Nancy Falconer be appointed to the Board of Zoning Appeals with a term to expire on December 31, 2001. Ayes (8) Vaughan, Pryor, Taylor, Farrell, Hershey Glasstetter, Spielholz, Sams Nays (0) Abstentions: (1) Blumenthal Carried PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doria Higgins, Town of Ithaca, spoke on swap of parklands; purchase/appraisals/MOU expiration date. Requested that City not give away Festival Lands. Mike Cannon, City of Ithaca, spoke in favor of increase in funding for BJM crosswalks/traffic lights. Jutta Dotterweich, City of Ithaca, spoke in favor of increase in funding for BJM crosswalks/traffic lights. Ken Vineberg, City of Ithaca, spoke about Cleveland Avenue neighborhood and his disappointment from statements made regarding 135’ setback for viable commercial development. Kathy Young, City of Ithaca, spoke about Cleveland Avenue neighborhood. There is a meeting Monday at 7:30 regarding Mr. Lower’s zoning violations. John Simon, City of Ithaca, spoke on Cleveland Avenue neighborhood and Mr. Lower’s threats regarding zoning violations. Neil Schwartz, City of Ithaca, spoke on BJM traffic lights. Feels Cleveland Avenue is experiencing a case of extortion. He would like the Washington Park Association to hold the line. Joel Harlan, Town of Dryden, spoke on working class people; hippy ville, development and Cornell University. Paulette Fisher, President of BJM PTA, urged Common Council to support the crosswalks at BJM. May 3, 2000 3 Marcia Fort, Director of GIAC urged Common Council to support the BJM crosswalks and to look at other safety measures as well on Court Street. Bill Baker, City Employee, member of CSEA Administrative Unit – with 28 years of service to the City of Ithaca spoke on contract negotiation concerns. Susan Thomas, City of Ithaca employee, works at Cass Park. She has 10 years of service with the City of Ithaca and she also spoke on contract negotiations being at impasse. Lollie Archan, City Employee, works at GIAC, 2 years of service for the City of Ithaca also spoke about contract negotiations. Jeff Smith, City Employee, works at GIAC spoke about CSEA contract negotiations. Jemma Macera, City of Ithaca, is opposed to the new downtown hotel. Fay Gougakis, City of Ithaca, spoke on the bike plan and Cleveland Avenue. Maryann Graham, Co-Chair, Community Police Board, spoke about Charter Changes, addition of 1 adult/1 youth Commissioner. RESPONSE TO THE PUBLIC: Alderperson Sams responded to concerns raised about a new hotel downtown and about the concerns raised about Cleveland Avenue/Clinton Street neighborhoods. Alderperson Hershey responded to concerns raised about Cleveland Avenue. He supports the neighborhoods and will vote to hold the zoning line where it is. Alderperson Farrell responded to concerns about Cleveland Avenue. The neighbors have been more than flexible and she will vote to hold the zoning line where it is. She also responded to concern raised about BJM cross lights. Alderperson Blumenthal responded to comments made about a new hotel downtown. Alderperson Spielholz thanked City of Ithaca employees for their years of service. She also responded to concerns raised about the Parklands and that any sale of the lands would need to come back before Council. Mayor Cohen responded to City employees’ concerns and stated that the City is going to take steps toward nurturing employees so that a mutual agreement may be reached. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Taylor announced that the Neighborhood & Community Issues meeting has been moved to Monday, May 15th at 7:00 p.m. May 3, 2000 4 Alderperson Vaughan announced that the Budget & Administration meeting has been moved to May 31st. Alderperson Blumenthal announced that there is a Neighborhood Traffic Calming Workshop scheduled for Friday and Saturday from 9 a.m. to 1 p.m. at the Women’s Community Building. Alderperson Sams announced that GIAC will be having an open house on May 20th from 2-8 p.m. with IPD vs. Youth competition. There will also be a public meeting at GIAC on May 15th at 7:00 p.m. to talk about bias related crimes. COMMUNICATIONS FROM THE MAYOR: The Mayor read four proclamations for the month of September: 1) Mental Health month 2) Youth Empowerment Day – May 13th 3) Suicide Survivor’s Day/Suicide Prevention week 4) Drug Court Month REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Report on Tompkins County Public Library – Janet Stiener Ms. Steiner shared pictures of the new library and described the building. She stated that the Library plans to occupy the building in October. She announced that $750,000 has been raised toward their one million-dollar goal. She announced that tours of the new library are planned. CONSENT AGENDA ITEMS: 16.1 Chamberlain Request Authorization to Amend Personnel Roster By Alderperson Pryor: Seconded by Alderperson Hershey WHEREAS, the City Chamberlain, as part of the 2000 Budget, included funds to re-write the Customer Service Representative positions to differentiate between entry-level and post-training level employees, and WHEREAS, there are three employees in the current Customer Service Representative position of which two meet the criteria for post-level status, and therefore be it RESOLVED, that Common Council hereby amends the 2000 Chamberlain’s Office Authorized Personnel Roster as follows: Add: One (1) Customer Service Representative Trainee Upgrade: Customer Service Representative position to CSEA grade 7 And be it RESOLVED, That Mary Matthews salary be increased to $14,962 and Carol Howard’s salary be increased to $17,725 in accordance to the CSEA contract, and be it further RESOLVED, That the Customer Service Representative Trainee position be assigned to the Civil Service Employees Association/ Administrative Unit at a salary grade 4. May 3, 2000 5 Carried Unanimously 16.2 Youth Bureau – Request to Amend Personnel Roster By Alderperson Pryor: Seconded by Alderperson Hershey WHEREAS, the Mental Health Association has received $10,000 in new funding through the Drug Free Communities grant, and WHEREAS, the Mental Health Association has decided to utilize the funds in the Paul Schreurs Memorial Program, and WHEREAS, the funding will enable the expansion of the mentoring component of the Paul Schreurs Memorial Program by adding a part time staff member, and therefore be it RESOLVED, That Common Council hereby amends the 2000 Youth Bureau Authorized Personnel Roster as follows: Add: One (1) Youth Development Program Leader (17 hours per week) And be it further RESOLVED, That the part time Youth Development Program Leader position is contingent upon the life of the grant. Carried Unanimously May 3, 2000 6 REGULAR AGENDA ITEMS: 17. NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE: 17.1 A Local Law to Amend Section C-16A of the Ithaca City Charter Regarding the Membership of the Community Police Board By Alderperson Taylor: Seconded by Alderperson Pryor WHEREAS, Section C-16. A. of the City of Ithaca Charter establishes a Community Police Board made up of seven (7) Commissioners, and WHEREAS, the workload of the present Community Police Board and its Commissioners has increased greatly each of the last three years due to; increased efforts to fulfill the charge to "act as community liaison to the Police Department, actively fostering positive communications between police and all segments of the community" increased attention to the settling of complaints through the use of dialogue and mediation, which effort is more time consuming than simply investigating and issuing a finding regarding the complaint, and WHEREAS, efforts to better serve the needs of the community as described above have resulted in an increase in the number of complaints each of the last three years (1997-11 complaints; 1998-15 complaints; 1999-18 complaints), making it difficult for seven Commissioners to adequately handle the workload, and WHEREAS, it is recommended by the Commissioners that one (1) additional Adult Commissioner be added to the Board, and WHEREAS, it is additionally recommended by the Commissioners that a Youth Commissioner be added to the Board to better represent the voice of youth in discussion and decision making, as well as in community liaison functions of the board; now, therefore, be it LOCAL LAW 2000- BE IT ORDAINED AND ENACTED that Section C-16. A. of the City of Ithaca Charter be amended to read as follows: A. The Mayor shall appoint a Community Police Board, subject to the approval of the Common Council. The Commissioners shall be chosen from a range of culturally and economically diverse community groups with consideration given to the effect each appointment will have on the diversity of representation, including geographic representation, on the Board. The Community Police Board shall consist of nine (9) Commissioners, including eight (8) Adult Commissioners and one (1) Youth Commissioner. Adult Commissioners will be eighteen(18) years of age or older. The Youth Commissioner will be sixteen (16) or seventeen (17) years of age. The Youth Commissioner will fulfill all functions of the Adult Commissioners except that of investigating complaints against police officers. The term of office of each Commissioner shall be three years, commencing on the first day of January, including the Youth Commissioner in spite of his/her attaining the age of eighteen (18) years during his/her tenure. No more than three Commissioners shall be appointed in any one year. The terms of the existing Commissioners shall continue May 3, 2000 7 unchanged. No elected city official shall be a member of the Community Police Board. A Commissioner shall hold office until his/her successor shall have been chosen and qualified. A vacancy for an unexpired or newly created term shall be filled in the manner set forth in this Charter, except that the limitation on the number of appointments per year, the term of office and the term’s starting date shall not apply. All Commissioners shall have been residents of the City of Ithaca for at least two years immediately preceding their appointment. All Commissioners shall serve without salary. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously RECESS: Common Council recessed at 8:20 p.m. RECONVENE: Common Council reconvened into regular session at 8:40 p.m. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 18.1 Authorization for Support of, and Participation in, North Campus Gateway Committee By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, Cornell University, the Town of Ithaca, the Village of Cayuga Heights, Tompkins County, the Ithaca-Tompkins County Transportation Council, and the City of Ithaca have agreed that it would be desirable to pursue the implementation of a new north entrance to the Cornell University campus, to be referred to as the North Campus Gateway, and WHEREAS, goals and benefits of such a gateway might include, but not be limited to, the following: better management of existing traffic to result in reductions in traffic in certain residential neighborhoods, or at least creating no adverse change; intercept campus traffic where parking is provided; improve multi-modal access to North Campus; create a sense of arrival to the Cornell campus; and reduce vehicle/pedestrian/bicycle conflicts, and WHEREAS, implementation of such a Gateway would involve not only Cornell University but also, at minimum, approvals of several municipalities including the City of Ithaca, the Town of Ithaca, and the Village of Cayuga Heights, as well as Tompkins County, and the Ithaca-Tompkins County Transportation Council (I-TCTC) agreed to coordinate meetings of all of the involved parties through the North Campus Gateway Committee, and WHEREAS, representatives of the participating municipalities and organizations in the North Campus Gateway Committee have agreed to the following process structure: The North Campus Gateway Committee (NCGC) will serve as the principal planning oversight party for this project. The I-TCTC will coordinate the meetings and provide administrative support to the committee. Cornell’s landscape architecture, transportation, design and planning resources will be used to May 3, 2000 8 staff the project. The NCGC will work with Cornell professional staff to develop North Campus Gateway Concept alternatives. The NCGC will develop a project proposal to be presented to the involved municipalities and Cornell. All concepts, project drafts and planning statements will be proposed by the NCGC. Final approval of the work of the NCGC will be subject to review and approval by all involved municipalities and Cornell. The overriding purpose of the NCGC is to provide a collaborative forum to advance a mutually-supported North Campus Gateway project that will benefit Cornell and the surrounding municipalities now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby supports the goals and process structure of the North Campus Gateway Committee, as outlined above, and authorizes the City of Ithaca’s participation on the North Campus Gateway Committee, and be it further RESOLVED, That the Common Council of the City of Ithaca hereby authorizes H. Matthys Van Cort, Director of Planning and Development, and William Gray, Superintendent of Public Works, to serve on the North Campus Gateway Committee as the City’s representatives. Carried Unanimously 18.2 Program Amendment to the 1996 Year #3 CDBG Grant to Expand the Target Area for the West End Home Improvement Program By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the City was awarded $150K in the third year increment of the 1996 CDBG multi-year award from the U.S. Department of Housing and Urban Development (HUD) to implement a West End Home Improvement Program to bring 10 -12 substandard residential units owned and occupied by low/mod income households into standard, code compliant condition through deferred loans to assist in stabilizing the remaining residential fabric of this transitional neighborhood adversely impacted by the Rt. 96 highway project, and WHEREAS, initial and follow-up targeted marketing to the owners of the 29 potentially eligible owner-occupied properties in the West End target area has resulted in two closed loans and a third approved loan to date, and WHEREAS, the West End target area is defined as the area south of Court St. between Fulton and Meadow Streets, and WHEREAS, several owner-occupied residential properties in the target area are no longer owner-occupied or are occupied by households that do not meet income eligibility requirements and other owner-occupants have indicated they are not interested in participating in the program, and WHEREAS, the predominantly low/mod residential neighborhood located within the first block east of Meadow Street has also been adversely impacted by the Rt. 96 highway project, and WHEREAS, on May 17, 1999 the Ithaca Urban Renewal Agency recommended redefining the boundaries of the West End Home May 3, 2000 9 Improvement Program target area to include the area referred to as “East of Meadow,” a one block area between Meadow Street and Corn Street and Meadow Street and Washington Street from the north side of Seneca Street to the south side of Cascadilla Street, upon a finding that the program cannot be fully implemented within the existing target area, and WHEREAS, IURA staff has determined that the program cannot be fully implemented within the existing target area on a timely basis, now therefore, be it RESOLVED, That the Common Council hereby authorizes and directs the IURA Executive Director to seek HUD approval for a program amendment to expand the West End target area for the West End Home Improvement Program (1996 Year #3 CDBG, Activity 2.2) to include the four-block area bounded by Seneca Street on the south, Corn Street and Washington Street on the east, Cascadilla Street on the north and Meadow Street on the West, and be it further RESOLVED, That the IURA Executive Director is authorized, upon advice from the City Attorney, to sign any and all documents necessary to carry out this resolution. Carried Unanimously 18.4 Proposed Amendment to Article II, Section 325-8 "District Regulations Chart" of the City of Ithaca Zoning Ordinance -- Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS it has been proposed that Article II, Section 325-8 "District Regulations Chart" of the City of Ithaca Zoning Ordinance be amended to create a new Sub-District within the Use District to be known as "CBD-140" and to define boundaries for said Sub-District, and to provide for design review for proposed new construction projects within the new Sub-District, by the Design Review Board, as provided for in Article VII, Section 325-41 of the City Zoning Ordinance, and WHEREAS, details of the proposed amendment are being circulated to all appropriate boards, councils, departments and individuals for their consideration and recommendations, and WHEREAS, it is anticipated that responses from these boards, councils, departments and individuals either have already been received, or will be received during the month of May; now, therefore, be it RESOLVED, That the proposed amendment to Article II, Section 325-8 "District Regulations Chart" of the City of Ithaca Zoning Ordinance to create a new Sub-District entitled "CBD-140," and to create a boundary for the Sub-District, and to provide for design review by the Design Review Board, is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid amendment in the Common Council Chambers, City Hall, 108 East Green Street, in the City May 3, 2000 10 of Ithaca, New York, at 7:00 p.m. on Wednesday, June 7, 2000, 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 Zoning Ordinance Amendment to be considered shall be as follows: Within the new Sub-District the Columns shall be as follows: Column #6:"Area in Square Feet" “No minimum lot size" Column #7 "Width in Feet at Street Line "10" Column #8 "Maximum Building Height Number of Stories" "12" Column #9 "Maximum Building Height in Feet" "140" Column #10"Maximum Percent Lot Coverage "100% Except as required for By Buildings" rear yard" Column #11"Yard Dimensions-Front "None" Column #12"Yard Dimensions-Side" "None" Column #13"Yard Dimensions-Side" "None" Column #14/15"Yard Dimensions-Rear" "10 Feet Minimum" Column #16 "Minimum Height of Building in Feet" "25" The new Sub-District will be defined by boundaries as drawn on the attached map. A new Section will be added to the City Zoning Ordinance calling for design review by the Design Review Board. The language of the new Section will be as follows: Construction of new buildings within the CBD-140 Sub-District shall be subject to review and approval by the Design Review Board, as provided for in Section 325-41 of the City Zoning Ordinance. In performing such review the Design Review Board shall pay particular attention to the visual effect of the project on the character of the area. Approval of new construction within the CBD-140 Sub-District by the Design Review Board shall be binding and shall be a prerequisite to the issuance of any other permits for the proposed new construction project. Section 325-41 of the City Zoning Ordinance shall also be amended to add the new zoning Sub-District CBD-140 to the list of zones subject to Design Review. Carried Unanimously May 3, 2000 11 18.5 Amendment to Adopt Zoning Map for West End Development Zoning District By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, at the meeting held on March 1, 2000, the Common Council adopted an ordinance amending Chapter 325 of the Ithaca Municipal Code entitled "Zoning" to change existing zoning designations in certain areas from B-2 and B-4 (Business Districts), I-1, (Industrial District) and M-1 (Marine Commercial District) as applicable to West End Development Zoning District (WEDZ), and WHEREAS, in conjunction with adoption of the new zoning district, a proposal has been submitted to amend the Official Zoning Map of the City of Ithaca, New York, Chapter 325, entitled “Zoning” of the City of Ithaca Municipal Code, and WHEREAS, areas to be designated in the WEDZ District are indicated on the map entitled City of Ithaca, West End Urban Design Plan, Proposed Zoning Districts, dated March 2000. The tracts to be changed are bounded on the west by the center line of the Cayuga Inlet, on the north by the south edge of Cascadilla Street and moving northeasterly along the south edge of Route 13 (Fulton Street), and moving northeasterly across Route 13 (South Meadow Street) along the south edge of Hancock Street to the rear line of the parcel at the intersection of Route 13, (North Meadow Street.) The east boundary runs between the south edge of Hancock Street and the north edge of West Clinton Street along the rear property line of parcels fronting the east side of Route 13, (North and South Meadow Street). The south boundary runs northwesterly across Route 13, (South Meadow Street) to the northwest corner of Fulton and Meadow Streets and moves south along the west edge of south Meadow Street to Six Mile Creek and runs northwesterly to the center line of the Cayuga Inlet, and WHEREAS, appropriate environmental review of the zoning amendment has been conducted including the Long Environmental Assessment form, WHEREAS, the City of Ithaca Common Council, acting as Lead Agency, has determined that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council hereby adopts the proposed amendments to the official zoning map as outlined above, and be it further RESOLVED, That this resolution constitutes notice of this amendment 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 May 3, 2000 12 18.6 Parking Agreement with The Thomas Group By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, the 1993 Parking Agreement between the City of Ithaca and the Thomas Group (formerly known as "Fred Thomas Associates”) will expire on October 31, 2000, and The Thomas Group has not exercised its right to extend the existing Agreement, and WHEREAS, The Thomas Group has expanded its downtown offices and plans to sign a new lease for further expansion which will continue to make them a vital asset to the vitality and economy of Downtown, and WHEREAS, The Thomas Group has requested and negotiated with the City of Ithaca a proposed new Parking Agreement between the City and The Thomas Group; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby approves the proposed Parking Agreement between the City of Ithaca and The Thomas Group that would include the following terms: 1) Thomas can purchase up to 200 parking permits, with at least 150 available for use in the Green Street/Lot D facility. Of the 150, 100 would be for use in the upper level and 50 would be for use in the lower level. The balance would be available for use within the City of Ithaca's downtown off-street parking system. While the City of Ithaca recognizes Thomas' preference for use of the Green Street parking facilities, it is understood that Thomas recognizes that the City may need to offer parking in other parts of the City's off-street parking system to balance demand and to respond to changing conditions. 2) permit pricing for The Thomas Group will be the same as for any other parking customer based on the current permit rate schedule, 3) "Value Cards" will be available for appropriate Thomas personnel, 4) Thomas will be eligible for any discount programs that may be developed by the City of Ithaca, 5) the terms of the length of this Agreement will be concurrent with the terms of The Thomas Group's proposed new building leases. and, be it further RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into the proposed Parking Agreement under the terms described above, upon approval by the office of the Attorney of the City of Ithaca. Carried Unanimously May 3, 2000 13 Alderpersons Blumenthal and Hershey thanked Economic Developer Director, Doug McDonald and the Ithaca Downtown Partnership for working hard to keep Thomas Associates downtown. May 3, 2000 14 BUDGET AND ADMINISTRATION COMMITTEE: 20.1 DPW – Appeal of Sidewalk Assessment for 417 Cascadilla Street – Possible Resolution By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, Russell Brann, owner of 417 Cascadilla Street, received a 1999 sidewalk assessment for sidewalk work completed on his property, and WHEREAS, Mr. Brann explained to the Board of Public Works that he did not receive notice of when the city would complete the work after the 1996 notice, and WHEREAS, Mr. Brann stated that had he been aware of the city’s intention to do the work in 1999, he would have replaced the sidewalk himself at a lower cost, and WHEREAS, it is the department’s policy to notify the homeowner prior to sidewalk replacement, and staff has not produced the July 22, 1999 letter sent to other properties on the assessment list; now, therefore, be it RESOLVED, That the Board of Public Works has reviewed information provided by staff and Mr. Brann concerning the sidewalk assessment appeal for 417 Cascadilla Street, and be it further RESOLVED, That the Board of Public Works has denied the request for full expungement of the sidewalk assessment for 417 Cascadilla Street, and be it further RESOLVED, That Mr. Brann be billed for the work related only to the 175 feet of 6” sidewalk, and be it further RESOLVED, That Common Council hereby approves the 1999 Sidewalk Assessment for 417 Cascadilla Street as amended by the Board of Public Works, and directs the City Chamberlain to make the appropriate billing for said assessment. Carried Unanimously 20.2 DPW – Amendment to BJM Traffic Calming Capital Project By Alderperson Vaughan: Seconded by Alderperson Farrell WHEREAS, Common Council approved in 1997 an important safety- related capital project to install pedestrian activated walk signals at three intersections around Beverly J. Martin Elementary School, the Greater Ithaca Activities Center, the Immaculate Conception School, and WHEREAS, the intent of the City in 1997 was to integrate and coordinate this project with another project, the Traffic Signal Upgrade (TSU) Project. WHEREAS, this project has languished while we have waited for State approval on funding for the TSU project, and WHEREAS, it is now expected that the earliest the TSU project would proceed is the summer of 2001, and quite likely the summer of 2002, and May 3, 2000 15 WHEREAS, the Common Council is concerned about pedestrian safety in the impacted neighborhood, and feels that the City can no longer wait to implement this important safety project, now therefore be it, RESOLVED, That Capital Project #349 be amended by $210,000.00 to a total maximum authorization of $233,142, and be it further RESOLVED, That the funds necessary to finance this amendment be derived from the issuance of serial bonds. Carried Unanimously 20.3 Mayor – Request Funds for Litigation By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That Common Council hereby approves an amount not to exceed $5,000 be transferred from account A1990 Unrestricted Contingency to account A1420-5430 Attorney Fees to cover additional legal fees in the City’s defense of the Board of Zoning Appeals. Carried Unanimously 20.4 Common Council – An Ordinance to Amend Section 232-70 of the City of Ithaca Municipal Code Entitled Taxi Cab Fare Rates – Possible Ordinance By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the Consumer Price Index (CPI) has increased since the Common Council last set taxicab rates in March of 1997, and WHEREAS, the price index of non-leaded gasoline has also increased since 1997; now, therefore ORDINANCE 2000- 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 232-70 entitled “Rates” is hereby amended as follows: A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a map and schedule entitled “Taxicab Zones and Rates, City of Ithaca,” which said map and schedule appended herewith are hereby declared to be a part of this article. Except as provided in Subsection B below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of passengers within the city shall not exceed the amounts shown on said map and schedule under the heading “Zone Charges – One Passenger,” or for additional passengers, all as shown on said schedule. Every three (3) years, during the month of April, the amounts shown on said map and schedule will be reviewed to determine if the rate schedule in force at the time remains appropriate. The following notice shall be conspicuously posted in full view of passengers: “Rate maps and schedules for fares in the City of Ithaca, together with the full text of the city’s rate law, are available upon request from the driver of this taxicab, according to city ordinance.” May 3, 2000 16 Section 2. Zone Charges – One Passenger Departure Zone 1 2 3 4 5 6 1 4.10 4.60 4.60 4.60 5.10 5.10 2 4.60 4.10 4.60 4.60 5.10 5.10 3 4.60 4.60 4.10 4.60 4.60 4.60 4 4.60 4.60 4.60 4.10 4.60 4.60 5 5.10 5.10 4.60 4.60 4.10 4.60 6 5.10 5.10 4.60 4.60 4.60 4.10 Section 3. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Extensive discussion followed on the floor regarding how the new rates were determined. Amending Resolution: By Alderperson Farrell: Seconded by Alderperson Sams RESOLVED, That in section B3 labeled “seniors, passengers 65 years or older” shall be granted a discount of .85 in regulated fares.” Carried Unanimously Main Motion As Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously 20.5 Finance/Controller - Request to Approve 1998 Annual Financial Report By Alderperson Vaughan: Seconded by Alderperson Manos RESOLVED, That the 1998 Annual Financial Report prepared by the Finance Department be approved as presented. Carried Unanimously Mayor Cohen stated that once again our reports are wonderful. Due to the fine work of our Controller and Deputy Controller and their able assistant Carol Shipe; plus the other staff that work in the department. On behalf of all us, he would like to extend his sincere thanks to Dominick and Steve. 20.6 Finance/Controller - Approval of 2001 Guidelines for Community Service Funding By Alderperson Vaughan: Seconded by Alderperson Spielholz WHEREAS, the City of Ithaca has in the past appropriated funds to agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That the Budget and Administration Committee of Common Council be authorized to review all 2001 requests for non- mandated city funding from private, non-profit agencies that are May 3, 2000 17 not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirements and criteria shall be applied to all such requests: Requirements All applications for 2001 funding must be submitted in writing to the City Controller by June 16, 2000. Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic, and/or environmental well being of city residents, in terms as specific as possible. Information presented should include the groups or individuals to be served, the number of people to benefit from the activity, and the duration of the benefit (long term or short term). A) Each application must include budgets for 2000 and 2001, financial reports from 1998 and 1999, and an enumeration of other funding sources. B) The applications should also include a count of individuals served, by municipality, for prior years, and a report on any positive impacts and benefits. C) The application must include a description of methods for measuring positive outcomes from 2001 funding. Criteria and Evaluation Scoring The Committee shall assign points for the degree to which the proposed use of City funds meets each of the following criteria. If the applicant does not supply sufficient information for the Committee to make a judgment, the proposal shall receive zero points in each such case. These criteria and evaluation scores will be used by the Budget & Administration Committee as guidelines in evaluating requests for funding: 1. The proposed activity will benefit the social, cultural, economic and/or environmental well being of residents of the City of Ithaca. A) The proposal will service city residents in proportion to City funding requested. B) The sponsor of the proposed activity: has received funding, or is reasonably assured of receiving funding, or has made a good faith effort to receive funding from the County, appropriate towns, school districts, or other funding sources in proportion to non-city residents served. May 3, 2000 18 2. The proposed activity will serve an identified need in the city and does not duplicate another service. 3. The proposed activity is designed to effectively meet the needs of those to be benefited; and the proposal includes measurable objectives and outcomes. 4. The applicant demonstrates sound management practices. 5. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the disabled. 6. The proposed activity will produce a long-term benefit. Now, therefore, be it RESOLVED, That by August 1, 2000, the Budget & Administration Committee shall forward its recommendations to the Mayor for consideration in the 2001 budget. Carried Unanimously 21. NEW BUSINESS: 21. 1 Designation of Common Council Meetings: By: Alderperson Hershey, Seconded by: Alderperson Pryor RESOLVED, That the regular meetings of the Common Council for the Year 2000, be held at 6:00 p.m., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council Alderperson Hershey stated that he supports this new time for meetings as it will give Council a chance to do the business of the public at a time when they are not tired. Alderperson Taylor stated that it would be a hardship for her to get here at 6:00 p.m. Alderperson Spielholz stated that would like an attempt to be made to start meetings at 6:00 p.m. Alderperson Blumenthal stated that because of family commitments she would not like Council meetings to start at 6:00 p.m. Alderperson Manos stated that while she sympathizes with her colleagues on family commitments, she is also concerned that members of the public may not be able to rush home, get dinner on the table and get here by 6 o’clock either. Alderperson Vaughan stated that she would like to make two points. The first is that our brethren in the county do their meetings starting at 5 o’clock and she has not heard comments that they are unable to have adequate public comment; people seem to find a way to get to the meeting when it’s an issue that’s important to them. She thinks that 6 o’clock is a reasonable compromise. The second item, is that we were elected to do the public’s business and we were elected partly because we sounded extremely rational when we were running, but May 3, 2000 19 sometimes, by the time we finish the end of a meeting, we’ve lost at least some part of that rationality characteristic or we’re not at our very best. She would like us to do the public’s business when Council is fresh enough to be able to do it well and that’s the least that the public can expect from us and so this is an attempt to compromise. There are those who would make other choices, this is not an easy thing to do but it preserves the opportunity for the public to speak as much as it wishes and still gets us out somewhat earlier than if we had the meeting starting at 7. Alderperson Pryor stated that she agrees with what Alderperson Vaughan has said and she would also like us to ask us to remember that there is kind of an assumption in this discussion that everybody works five days a week, Monday – Friday from 8 to 5 or whatever and simply by the fact that we meet regularly in the evenings, we’re automatically already ruling out people who may work a 3-11 shift on a regular basis, so she thinks that it is very difficult to balance our desire to provide an opportunity for everybody from the public that wishes to speak to us to speak to us and she believes that we’re committed to continuing to do that; but she also believes that we need to be able to conduct public business in a frame of mind without being so exhausted that it’s difficult to make good decisions because we ourselves are so tired. It seems to her, that this is a compromise to move to 6 o’clock. We’re not suggesting we go the whole county route and we’re not suggesting that we limit public comment time. We are suggesting that we start a little bit earlier and she’d like to personally support this motion and go with it for a period of time and if that doesn’t seem to be working we could always come back and re-visit the issue again. She thinks it’s worth trying to incorporate both those ideals that we have, which is to allow all the public comment that people wish to make and at the same time be able to make decisions when we’re in a position to do that and still be able to think straight. Alderperson Sams stated that she sympathizes with her two colleagues that have families and are talking about trying to feed children. She would like to suggest that maybe we could do a compromise and tray 6:30 instead. Alderperson Hershey stated that he’s a little torn, he lives in the fifth ward and he’d like to think that his two representatives are here at the time the meeting starts. He also would not like to think that we’re taking any action to dissuade people with families from running or serving on Common Council. On the other hand, he finds it hard to accept that some one sits here and says they’re virtually a fulltime council member and he’s said many times that he salutes Susan and others who spend many more hours than others of us can on this job. One day a month, twelve months a year, one hour difference wouldn’t be a trade off for us in really improving the way we operate as a group, and the way our government operates in Ithaca. He’d like to say that if it turns out that 6:00 p.m. is unworkable for anybody, after due diligence and effort, that he’d be more than happy to revisit this in a couple of months. He doesn’t think a half-hour would do it. He thinks an hour is a compromise as people have said before. We really want to be May 3, 2000 20 at our best for everybody’s sake and there are times when we haven’t been. We want to give the public as much opportunity as the public needs to comment and there are times we are snippy with the public after the second hour of comment and he doesn’t want to do that either. So he would urge us to pass this tonight with the understanding that in the hopes that all of our colleagues will make every effort to make it work and that if it turns out that it’s impossible, we can re-visit it. His hope is that we end up early some night and then there’s some quality time on the other end. Mayor Cohen stated that he is also sensitive to the needs of everyone here. There are also people who have to get up early the next day and go to work and he knows that there have been people who have left this meeting early because they want to get home, because they have to go to work the next day. We want to avoid having to have people leave as well. The County board does meet at 5:30 p.m., we’re suggesting 6. There are several parents on the county board including a single mother who works with the system and it seems to work quite well and he thinks this is a good compromise and it’s in the best interest of the public that we conduct our business when we’re clear minded. Mayor Cohen asked for further discussion. He thinks this one will fail from all he’s heard. Ayes (5) Hershey, Vaughan, Spielholz, Sams, Pryor Nays (4) Taylor, Blumenthal, Farrell, Manos Motion Fails ADJOURNMENT: On a motion the meeting adjourned at 9:40 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor