HomeMy WebLinkAboutMN-CC-2000-07-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 July 5, 2000
PRESENT:
Mayor Cohen
Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos,
Farrell, Vaughan, Spielho1z, Taylor, Hershey
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Schwab
City Controller - Cafferillo
Deputy Controller - Thayer
Planning and Development Director - Van Cort
Human Resources Director - Michell-Nunn
Fire Chief - Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
RESOLVED, That the minutes of the June 7, 2000 and June 14, 2000
Special Common Council meetings be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Vaughan requested the addition of Item 18.5 –
Designation of Acting City Chamberlain – Resolution.
Neighborhood and Community Issues Committee
Alderperson Taylor requested the deletion of Item 19.1 – Snow
Removal and Deicing of Streets – Resolution.
Special Order of Business
Alderperson Manos requested the addition of Item 5.2 –
Presentation of City Employee Quarterly Recognition Awards.
Planning and Economic Development Committee
Alderperson Blumenthal requested the addition of Items 20.7 Report
from the Public Art and Design Committee; and 20.8 Creation of
Capital Project for Renovations to Common Council Chambers –
Discussion.
No Council members objected.
SPECIAL ORDER OF BUSINESS:
Presentation of 1999 Annual Board of Fire Commissioners Award
Robert Romanowski, Chair of the Board of Fire Commissioners and
Fire Chief Brian Wilbur presented the 1999-2000 Board of Fire
Commissioners Exceptionally Meritorious Service Award to Assistant
Fire Chief Guy Van Benschoten. Fire Chief Wibur noted Guy’s work
in the development and management of the City of Ithaca Disaster
Plan, and his involvement in the development of a comprehensive
Tompkins County Emergency Disaster Plan. Assistant Chief Van
Benschoten was also recognized for the coordination of the
July 5, 2000
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Integrated Emergency Management Course in Emmitsburg, Maryland
which consisted of approximately 75 representatives of the private
sector, public sector, and emergency response agencies in Tompkins
County.
Presentation of City of Ithaca Quarterly Recognition Awards
Mayor Cohen and Alderperson Paulette Manos presented the City of
Ithaca Quarterly Employee Recognition Awards to the Building
Department Employees and Laleh Archin.
The Quarterly Recognition Awards are presented to individual
employees or cross functional teams that demonstrate initiative
and extra effort in accomplishing a task or project in a quality
manner, and/or who exhibit sensitivity, respects differences, and
appreciates others within the workforce and the community.
The Building Department employees were nominated by Acting
Building Commissioner Phyllis Radke and Assistant City Attorney
Patricia Dunn for their outstanding dedication and job performance
through the challenges of staff shortages, huge workloads, and
negative publicity. Despite the adversity, the staff of the
Ithaca Building Department gives 110% to the job each and every
day, and keeps public service their number one priority.
Laleh Archin, a GIAC employee, was nominated by Travis Brooks and
Marcia Fort, Director of GIAC for her involvement with the Ithaca
City Basketball League. Laleh was instrumental in the success of
the basketball league which is a new collaborative initiative
between several community agencies, City departments, the Ithaca
City School District and local businesses. The league was
developed to give teenagers a place to be involved in positive
activities on Friday and Saturday nights. Laleh is enthusiastic,
dedicated, and a positive role model for teens and adults alike.
Laleh exemplifies all the qualities the City looks for in its
employees.
Runner-Up Recipients include:
The Youth Bureau Recreation Mainstreaming Services Team:
Joannie Groome, Dan Schappi, Sharon McPherson, Kristin Letourneau,
Courtney Glenn
Karen Anderson, Youth Bureau
Cass Park Staff: John Doyle, Susie Thomas, John Sladich, Don
Lovelace, Myron Thompson, Tom Personius
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Doria Higgins, Town of Ithaca addressed Common Council in
opposition of the possible transfer of festival lands to New York
State Parks.
The following people spoke in favor of the proposed changes to
off-street parking regulations in the Collegetown area:
Jane Marcham, City of Ithaca
Ellen McCollister, City of Ithaca
Joel Savishinsky, City of Ithaca
Mary Raddant Tomlan, City of Ithaca
John Simon, City of Ithaca addressed Council regarding the 200
block of Cleveland Avenue and the possible demolition of
additional buildings.
Stephanie Vaughn, City of Ithaca addressed Council regarding the
proposed tax abatement program, and Cleveland Avenue.
Joel Harlan, Town of Dryden, addressed Council regarding
Collegetown traffic congestion and development.
July 5, 2000
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Stan Bowman, addressed Council regarding the possible removal of
the sculptures on the Route 96 bridge.
Betsy Darlington, City of Ithaca, distributed photographs for
Council’s review of the forest in the Southwest Park area.
The following City of Ithaca employees addressed Council to
introduce themselves, describe their job duties, and speak about
the lack of a CSEA Administrative Unit Contract and low staff
salaries:
Carol Wilson, Youth Bureau, read a letter written by Joanie
Groome, Youth Bureau employee
Shawn May, GIAC
Loretta Rumsey, Police Department
Sue Kittel, Department of Public Works
Liz Vance, Youth Bureau
John Coggin, Department of Public Works
Fay Gougakis, City of Ithaca, addressed Council regarding the
termination of Building Commissioner Richard Eckstrom.
Cynthia Yahn, City of Ithaca, addressed Council in support of the
proposed tax abatement program, but expressed concerns regarding
the provision of investigation of other local properties owned by
the applicant.
RESPONSE TO THE PUBLIC:
Alderpersons Manos, Pryor and Sams thanked the City employees for
addressing their concerns to Common Council.
Alderpersons Blumenthal and Hershey responded to comments made
regarding the proposed tax abatement program and potential
Southwest Park developers.
Alderperson Sams responded to comments made about the Cleveland
Avenue area and the idea of a handicapped accessible trail through
Southwest Park.
Alderperson Glasstetter responded to comments made about
Collegetown Parking.
Mayor Cohen thanked the City employees for coming to speak and
stated that the City is working hard to address pay equity issues.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams reported that Common Council has received a
Certificate of Appreciation for the contributions made to Safe
Night 2000.
Alderperson Manos reported that Public Hearings will be held on
the topic of the traffic diverters on South Street, Wood Street
and Titus Avenue on Wednesday, July 12, 2000 at 4:30 p.m. in
Common Council Chambers, and Thursday, July 13, 2000 at 5:00 p.m.
at Titus Towers.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Ithaca Landmarks Preservation Commission
Mary Tomlan reported that the ILPC supports the proposed
legislation regarding slate sidewalks in historic districts. Ms.
Tomlan thanked the Mayor, members of City staff, the Planning and
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Economic Development Committee, and the Board of Public Works for
their work, and support of this issue.
Board of Fire Commissioners
Cynthia Yahn reported that bids have been opened for the sale of
Fire Station #7 and have been forwarded to the City Attorney’s
Office for review. The Board of Fire Commissioners will discuss
the bids at their next scheduled meeting.
REPORT OF THE CITY CLERK:
City Clerk Conley Holcomb reported that PC Codebook, an electronic
version of the City of Ithaca Municipal Code has been posted on
the City’s Web Page, www.ci.ithaca.ny.us. Minute Manager, a full
minute text retrieval software program, similar to PC Codebook,
has been received in the Clerk’s office and will be posted on the
Web in the near future. Minute Manager has minutes from the Board
of Public Works and Common Council from 1992 – present.
REPORT OF THE CITY ATTORNEY:
Mayor Cohen introduced and welcomed the new City Attorney, Norma
Schwab.
CONSENT AGENDA ITEMS:
16.1 Authorization to Amend Personnel Roster
By Alderperson Pryor: Seconded by Alderperson Taylor
WHEREAS, Paige Rumsey has requested that her position be changed
from a 40 hour/week position to a 35 hour/week position for the
period 6/17/2000 through 6/17/2001, to accommodate her personal
needs, and
WHEREAS, the Water and Sewer Division is able to accommodate her
request; now, therefore, be it
RESOLVED, That the Personnel Roster of the Water and Sewer
Division of the Department of Public Works be amended for the
period 6/17/2000 through 6/17/2001 as follows:
Delete: Senior Account Clerk (40 hours)
Add: Senior Account Clerk (35 hours)
and be it further
RESOLVED, That Paige Rumsey shall remain eligible for full-time
retirement system consistent with the benefit provided to all
other 35 hours/week employees.
Carried Unanimously
16.2 Request to Amend Planning Department Personnel Roster
By Alderperson Pryor: Seconded by Alderperson Taylor
RESOLVED, That Common Council hereby amends the Planning
Department Personnel Roster as follows:
Delete: One (1) Environmental and Landscape Planner
Add: One (1) Senior Environmental and Landscape
Planner
and, be it further
RESOLVED, That the position of Senior Environmental and Landscape
Planner be assigned to the CSEA Administrative Unit at Grade 20, in
accordance with the CSEA Administrative Unit Point Factor Plan.
Carried Unanimously
July 5, 2000
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16.3 Request To Amend City Attorney’s Office Personnel Roster
By Alderperson Pryor: Seconded by Alderperson Taylor
RESOLVED, That Common Council authorizes the amendment of the City
Attorney’s authorized personnel roster as follows:
Delete: Confidential Secretary to the City Attorney (35
hours)
Add: Confidential Secretary to the City Attorney (40
hours)
and be it further
RESOLVED, That there are no additional funds required to make this
adjustment.
Carried Unanimously
18.5 Chamberlain – Authorize Mayor to Sign City/County Tax
Foreclosure Auction Contract
By Alderperson Pryor: Seconded by Alderperson Taylor
WHEREAS, the City has recently foreclosed its delinquent tax lines
on property within the City of Ithaca pursuant to NYS Real Property
Tax Law Article 11, and
WHEREAS, Tompkins County also holds enforceable delinquent tax
liens on these properties, and
WHEREAS, the City and the county have recently agreed to
cooperatively foreclose and sell delinquent tax properties, and to
share any proceeds from such sale on a pro-rata basis, and
WHEREAS, Tompkins County has requested and received bids from
auction companies to conduct the sale of such properties, and
WHEREAS, the City Chamberlain has participated in the evaluation
of these bids, and
WHEREAS, Reynolds Auction Company of Newark, New York was the
lowest qualified bidder at 6% of gross sale proceeds; now,
therefore, be it
RESOLVED, That the Mayor is authorized to sign a contract with
Reynolds Auction Company for the sale of tax delinquent properties
for which the City holds title.
Carried Unanimously
18.5 Chamberlain – Request Authorization to Update Safe
Deposit Box Lease
By Alderperson Pryor: Seconded by Alderperson Taylor
RESOLVED, That Debra Parsons, as City Chamberlain, is authorized
to enter into contracts to lease safe deposit boxes in the name of
the City of Ithaca at Tompkins County Trust Company, and be it
further
RESOLVED, That Dominick Cafferillo, Steven Thayer, Debra Parsons,
and Joyce Day are authorized to access safe deposit boxes so
leased at Tompkins County Trust Company.
Carried Unanimously
18.6 Youth Bureau – Request to Amend Youth Development
Budget
By Alderperson Pryor: Seconded by Alderperson Taylor
July 5, 2000
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WHEREAS, the Ithaca Youth Bureau has been notified by the Newfield
Central School District that the Youth Bureau will be receiving
$1,593 in funding for a new Summer Outing Program, and
WHEREAS, the additional funding will allow the Youth Bureau’s
Outing Program to offer additional services to Newfield teens
during the summer of 2000; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2000 Youth
Development Authorized budget, for the additional funding from the
Newfield Central School District, to expand the Outing Program as
follows:
Increase Revenue Account:
A7310-2350-1221 Youth Services $1,593.00
Increase Appropriation Accounts:
A7310-5225-1221 Equipment Outing Program $1,299.00
A7310-5460-1221 Program Supplies Outing 294.00
Carried Unanimously
18.7 Youth Bureau – Request to Amend Youth Development
Budget
By Alderperson Pryor: Seconded by Alderperson Taylor
WHEREAS, the Ithaca Youth Bureau has been notified by the Ithaca
City School District that the Youth Bureau will be receiving
$2,200 in funding to support and expand the work with the Beverly
J. Martin (BJM) Elementary School, and
WHEREAS, the funds, which are derived from a Federal Twenty First
Century Grant, will enable the Youth Bureau to provide a Summer
Science Program at BJM during the summer of 2000; now, therefore,
be it
RESOLVED, That Common Council hereby amends the 2000 Youth
Development Authorized budget, for the additional funding from the
Ithaca City School District to provide a Summer Science Program at
BJM, as follows:
Increase Revenue Account:
A7310-3820-1203 State Aid Youth $2,200
Increase Appropriation Accounts:
A7310-5120-1203 P/T $1,800
A7310-5460-1203 Program Supplies 265
A7310-9030-1203 Social Security/Medicare 135
Carried Unanimously
REGULAR AGENDA ITEMS:
17. Human Resources Committee:
17.1 Request to Hire Director of Information Technology -
By Alderperson Manos: Seconded by Alderperson Sams
WHEREAS, Common Council approved the creation of a Department of
Information Technology in the 2000 budget and authorized the
hiring of a Director, and
WHEREAS, a nationwide search has been conducted; now, therefore,
be it
RESOLVED, That Duane Twardokus be and hereby is provisionally
appointed to the position of Director of Information Technology,
effective July 17, 2000 at an annual salary of $65,000, and be it
further
RESOLVED, That Common Council authorizes up to $1,200 for moving
expenses, and, be it further
July 5, 2000
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RESOLVED, That the position of Director of Information Technology
be designated as a managerial position pursuant to Section
201.7(a) of the New York State Civil Service Law.
Carried Unanimously
Alderperson Manos thanked the Search Committee for their time
during the hiring process, and Alderperson Vaughan for all of her
work with this department over the past year.
17.2 Request to Adjust Starting Salaries for Deputy Police Chiefs
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, in 1999 Common Council authorized the hiring of two new
deputy police chiefs, and
WHEREAS, at the time the Police Chief requested to hire the
individuals outside of the hiring range, and
WHEREAS, also at that time Common Council had contracted with
Total Compensation Services to conduct a salary study for
managerial compensation and decided not to act on the request
until the new system was adopted, and
WHEREAS, the starting salary requested by the Police Chief does
fall within the new hire salary range; now, therefore, be it
RESOLVED, That the starting salary for Deputy Police Chief Glenn
Sharshon and Lauren Signer be adjusted to $65,000 retroactive to
their respective hire dates, and, be it further
RESOLVED, That the Deputy Police Chiefs 2% annual increase is
applied to the new starting salary effective January 1, 2000.
Ayes (8) Manos, Pryor, Farrell, Vaughan,
Blumenthal, Spielholz, Glasstetter,
Hershey
Nays (1) Taylor
Abstention (1) Sams (perceived conflict of interest)
Carried
18.5 Attorneys Office – Personnel Item – Executive Session
By Alderperson Manos: Seconded by Alderperson Farrell
RESOLVED, That Common Council adjourn into Executive Session to
discuss the employment history of a particular employee and the
retirement of that employee. Common Council will seek advice of
legal counsel pertaining to an agreement, this discussion is
covered by Attorney/Client privilege.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session at 8:25 pm with no
action taken.
Resolution:
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, Common Council has approved an agreement pertaining to
the separation of an employee; now, therefore, be it
RESOLVED, That the sum of $25,267.50 be transferred from budget
line A3620-5110 to budget line A1420-5435 to implement the terms
of the agreement.
Ayes (9) Manos, Pryor, Sams, Farrell, Blumenthal,
Vaughan, Spielholz, Taylor, Hershey
Nays (0)
Abstentions (1) Glasstetter
Carried
July 5, 2000
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18 BUDGET AND ADMINISTRATION COMMITTEE:
18.1 GIAC – Request for Funds for Police Overtime for GIAC’s Summer
Basketball League
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the Greater Ithaca Activities Center coordinates the City
of Ithaca Summer Basketball Leagues, and
WHEREAS, the leagues are very popular community events, which draw
large numbers of spectators, and
WHEREAS, there is a need to ensure the safety of staff,
participants, and spectators, and
WHEREAS, the Ithaca Police Department is committed to having
officers assigned to the league games, and
WHEREAS, an additional $4,000 is needed to cover the cost of the
officers’ dedicated presence at the games; now, therefore, be it
RESOLVED, That Common Council hereby authorizes an amount not to
exceed $4,000 be transferred from account A1990 Unrestricted
Contingency to account A3120-5125 Police Overtime for the purpose of
covering the overtime for officers assigned to the games.
Ayes (9) Manos, Sams, Farrell, Blumenthal, Farrell,
Blumenthal, Vaughan, Glasstetter, Spielholz,
Taylor, Hershey
Nays (0)
Abstentions (1) Pryor
Carried
18.2 Controller – Request to Amend Computer Project for Server
Acquisition
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the City server that houses the MUNIS financial software is
now six years old and beginning to slow down the City’s financial
system due to the server’s lack of speed, and
WHEREAS, City staff in conjunction with The Computing Center and
other computer consultants have determined that a new server and
operating system is needed at an estimated cost of $20,000, and
WHEREAS, the recommended new server will improve the City’s
Financial System speed, size and overall efficiency; now, therefore,
be it
RESOLVED, That Common Council hereby amends Capital Project #211 by
an amount not to exceed $20,000 for a total 2000 authorization of
$133,000 for the purposes of said server acquisition for the City’s
financial accounting package, and be it further
RESOLVED, That said funds shall be derived from the issuance of
Serial Bonds.
Carried Unanimously
18.5 Fire Department/Controller – Request to Extend City/Town
Fire Contract
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, in 1995 the City of Ithaca and Town of Ithaca entered into
a fire protection contract, for the provision of fire and emergency
medical services for a portion of the Town, and
July 5, 2000
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WHEREAS, the fire protection contract expired on December 31, 1999,
and
WHEREAS, the provisions of said contract have continued in force, at
the 1999 payment level, while negotiations on the terms and
conditions of a new five-year contract have progressed; now,
therefore, be it
RESOLVED, That the terms and conditions of the existing contract be
extended through December 31, 2000.
Carried Unanimously
18.4 DPW – Request to Increase Authorization for Giles Street Bridge
Project
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, Common Council, at its special meeting of March 17, 1999,
approved the Giles Street Bridge project in the amount of $857,000,
and
WHEREAS, the project was eligible for funding under Title 23 U.S.
Code as administered by the Federal Highway Administration, that
allows for the apportionment of the project costs to be borne at the
ratio of 80% Federal funds, 15% State funds and 5% City funds, and
WHEREAS, the Giles Street Bridge Project has been bid and DOT
approved at a total costs of $1,080,000, and
WHEREAS, the City’s total cost of said project after Federal and
State reimbursement shall be approximately $54,000; now, therefore,
be it
RESOLVED, That Common Council hereby amends Capital Project #265
Giles Street Bridge Rehabilitation by an amount not to exceed
$223,000 for a total project authorization of $1,080,000, and be it
further
RESOLVED, That this project be undertaken with the understanding
that the final cost to the City will be approximately five percent
(5%) of the final approved project cost not to exceed $54,000 in
monies and in-kind services as managed by the Superintendent of
Public Works and monitored by the City Controller, and be it further
RESOLVED, That said funds needed for the amendment shall be derived
from the issuance of Serial Bonds, with pay-down of bonds from the
reimbursement of said Federal and State funds, and be it further
RESOLVED, That the Mayor be authorized to sign all necessary
agreements with the New York State Department of Transportation to
secure Federal Aid and Marchiselli Aid on behalf of the City of
Ithaca, and the Superintendent be authorized to sign all necessary
construction documents, contracts, certifications and reimbursement
requests.
Carried Unanimously
18.5 Chamberlain – Request for Salary Adjustment for Acting
Chamberlain
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, City Chamberlain Debra Parsons will be on vacation for a
period of three weeks, from July 17 to August 4, 2000, and
WHEREAS, the CSEA Administrative Unit Contract provides for either
an 8% salary increase, or the minimum salary of the assumed position
for an out-of-title assignment; now, therefore, be it
July 5, 2000
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RESOLVED, That Joyce Day, currently the Office Manager in the
Chamberlain’s Office be temporarily appointed to the position of
Acting City Chamberlain for a period of two weeks, at an annual
salary of $43,786, and, be it further
RESOLVED, That Deborah Griffin, currently the Principal Account
Clerk in the Chamberlain’s Office be temporarily appointed to the
position of Acting City Chamberlain for a period of one week, at an
annual salary of $43,786, and, be it further
RESOLVED, That the funds necessary for said temporary amendment
shall be derived within the existing 2000 City Chamberlain budget.
Carried Unanimously
NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE:
19.1 Snow Removal and Deicing of Streets
This item was deleted from the agenda.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
20.1 An Ordinance Amending Sections 325-4 and 325-5 of Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code, regarding
increasing the parking requirement the R-3 zones (Residential) and
the B-2 zones, (Business) in certain areas in and around
Collegetown to one parking space for every two resident occupants
as applicable to the "Collegetown Parking Overlay Zone," (CPOZ) --
Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Pryor
RESOLVED, That Ordinance No. 00-___ entitled "AN ORDINANCE TO
AMEND THE MUNICIPAL CODE AND THE OFFICIAL ZONING MAP OF THE CITY
OF ITHACA, NEW YORK, CHAPTER 325 ENTITLED 'ZONING,' TO CHANGE THE
ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA IN AND
AROUND COLLEGETOWN AND TO ESTABLISH AN OVERLAY ZONE WITH
APPROPRIATE DISTRICT REGULATIONS," regarding increasing the
parking requirement in the R-3 (Residential) zones, and the B-2
(Business) zones, in certain areas in and around Collegetown to
one parking space for every two resident occupants as applicable
to the Collegetown Parking Overlay Zone, (CPOZ) is hereby
introduced before the Common Council of the City of Ithaca, NY,
and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance in the Common
Council Chambers, City Hall, 108 East Green Street, in the City of
Ithaca, New York, at 7:00 p.m. on Wednesday, August 2, 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.
Carried Unanimously
The Ordinance to be considered shall be as follows:
ORDINANCE NO. - ____
July 5, 2000
11
AN ORDINANCE TO AMEND THE MUNICIPAL CODE AND THE OFFICAL ZONING
MAP OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO
CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF
ITHACA IN AND AROUND COLLEGETOWN AND TO AMEND THE DISTRICT
REGULATIONS FOR REQUIRED OFF-STREET PARKING.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Chapter 325, Sections 325-4 and 325-5 of the
Municipal Code of the City of Ithaca be amended to create a new
overlay zone to be known as the Collegetown Parking Overlay Zone,
(CPOZ)
Section 1. Declaration of Legislative Findings and Purpose
The Common Council finds that this Ordinance:
1. Will more adequately address the parking demand of residents
and business employees as identified in the Collegetown Parking
Study completed in the summer of 2000.
2. Will anticipate future parking needs, and, in combination with
other remedies, do so in a manner that will allow development to
continue and that will protect and improve the visual character of
surrounding neighborhoods.
Section 2. Chapter 325, Sections 325-4 and 325-5 of the
Municipal Code of the City of Ithaca is hereby amended to create
an overlay zone in areas in and around Collegetown to be entitled
Collegetown Parking Overlay Zone, (CPOZ), boundaries of which are
shown on the attached map.
Section 3. Section 325-8A(4) of the Municipal Code of the
City of Ithaca is hereby amended as follows to change the required
number of parking spaces for the R-3a and R-3b zones
(Residential), and the B-2a and B-2b zones (Business), and in the
new CPOZ as follows:
Collegetown Parking Overlay Zone - CPOZ - R-3, (R-3a and R-3b)
Off-Street Parking Requirements
1. Residence: 1 space for every 2 persons housed
2. Rooming or Boarding House: 1 space for every 2 persons housed
3. Tourist Home: 1 space per bedroom
4. Fraternity, sorority, group house, cooperative household: 1
space for every 2 persons housed
5. Dormitory: 1 space for every 2 persons housed
6. All other permitted uses: Same as listed in Section 325-8,
District Regulations Chart
Collegetown Parking Overlay Zone - CPOZ - B-2a
Off-Street Parking Requirements
1. Residential uses: Same as B-1a (i.e., same as R-3)
2. All other permitted uses: Same as listed in Section 325-
8, District Regulations Chart.
Collegetown Parking Overlay Zone - CPOZ - B-2b
Off-Street Parking Requirements
1. Residential uses: Same as B-2a
2. All other permitted uses: Same as listed in Section 325-8,
District Regulations Chart.
Section 4. Chapter 325, Section 325-20 of the Municipal Code of
the City of Ithaca entitled "Off-Street Parking" is hereby amended
to add a new subsection to be known as subdivision (-) (-) (-) to
read as follows:
"Notwithstanding anything to the contrary contained herein, in the
CPOZ:
July 5, 2000
12
(1) Required off-street parking for residential uses in the R-3a
and R-3b zones, (Residential) and the B-2a and B-2b zones,
(Business) shall be increased from one space for every three
resident occupants to one space for every two resident occupants
in the areas designated CPOZ on the map entitled "Collegetown
Parking Overlay Zone", dated June, 2000, a copy of which is on
file in the Ithaca City Clerk's Office.
(2) The restrictions contained in this section shall not apply to
existing buildings within the designated areas. Such existing
buildings may be maintained and repaired provided (...) so as to
make the buildings non-compliant.
Section 5. The Official Zoning Map of the City of Ithaca, New
York of Chapter 325 entitled "Zoning" of the City of Ithaca
Municipal Code is hereby amended as follows:
The zoning district designation for portions of the certain tracts
of land shall now include an overlay zone Collegetown Parking
Overlay Zone, CPOZ, as indicated on the map entitled "Collegetown
Parking Overlay Zone (CPOZ)" dated June, 2000.
The tracts so affected are 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 CPOZ, thence continuing north
July 5, 2000
13
following the easterly boundaries of tax parcels 64-2-14 and 64-2-
15, which parcels front on Summit Street, and thence continuing
north along a parallel line with said eastern boundaries through
tax parcel 64-2-8, also fronting on Summit Street, and continuing
along the same parallel line, crossing Oak Avenue, and continuing
to its intersection with the center line of Cascadilla Creek,
thence westerly along the center line of Cascadilla Creek to the
point and place of beginning.
Section 6. The City Planning and Development Board, the
City Clerk and the Planning Department shall amend the zoning map
and the district regulations chart in accordance with the
amendments made herewith.
Section 7. Effective date. This ordinance shall take affect
immediately and in accordance
with law upon publication of notices as provided in the Ithaca
City Charter.
20.2 Policy and Procedure for Retention of Historic Stone
Sidewalks
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, the Common Council and Board of Public Works have
demonstrated an appreciation for the finite resource of the city's
historic street paving with a commitment to retention, restoration
and maintenance of brick pavers on the 100 - 400 blocks of Stewart
Avenue and with interest in the masonry paving at the south end of
Ferris Place, and
WHEREAS, the value of surviving stone walks, also referred to as
flags, flagging or slate, is worthy of similar recognition as an
important indicator of the 19th and early 20th century character
of Ithaca's streetscape, and
WHEREAS, an ad hoc committee was formed at the request of the
Mayor and charged with making recommendations to the Common
Council for future treatment of the City's stone walks, and
WHEREAS, based on results of research and survey, the ad hoc
committee has developed policies and procedures for treatment of
stone walks, and
WHEREAS, the ad hoc committee has presented proposed policies and
procedures to the Board of Public Works and the Department of
Public Works and has received a large measure of support from
these entities, and
WHEREAS, Section 228-4(I) of the Municipal Code states that plans
for change of appearance of any improvement or proposed
improvement located on a landmark site or in an historic district
shall be referred by the agency of the city having responsibility
for the preparation of such plans to the Landmarks Commission for
a report, and
WHEREAS, Section 228-4(E) of the same code requires review and
approval of project plans by the Landmarks Commission for material
change to a designated property prior to the granting of any
permit for such activity, provided that the Commission shall pass
only on exterior changes and shall not consider the interior plans
of the building; now, therefore, be it
RESOLVED, That the Common Council hereby reaffirms the value of
historic paving materials to the character of Ithaca's historic
districts and the City as a whole, and be it further
July 5, 2000
14
RESOLVED, That the Common Council adopts the policies and
procedures recommended by the ad hoc committee, namely:
First, with regard to the implementation of the City Sidewalk
Program within historic districts or on landmark sites that have
or previously have had stone sidewalks:
1. The City's historic preservation planner will provide the
Department of Public Works with maps and listings of those
properties and areas that are included in historic districts or
are individually designated as landmarks.
2. When implementing the City Sidewalk Program in historic
districts or on landmark sites, the Department of Public Works
shall notify the Ithaca Landmarks Preservation Commission in
advance as required by Section 228-4(I) of the Municipal Code.
3. Where repair and replacement of existing stone sidewalks within
historic districts or on landmark sites is deemed necessary by the
Department of Public Works, and in-kind repair and replacement* is
approved by the Landmarks Preservation Commission, the property
owner will be responsible for the cost as if the work was done in
concrete; the City shall defray the added cost of using stone.
4. Where repair and replacement of existing concrete sidewalks
within historic districts or on landmark sites is deemed necessary
by the Department of Public Works, and replacement by the
restoration of previously existing historic stone sidewalks is
requested by the property owner and given approval by the
Landmarks Preservation Commission, the property owner will be
responsible for the cost as if the work was done in concrete; the
City shall defray the added cost of using stone.
5. The owner of a property in an historic district or of an
individually designated landmark may, with approval from the
Landmarks Preservation Commission and without requirement by the
Department of Public Works, choose to restore an existing stone
sidewalk by completing a run of slate that has been interrupted by
concrete. The work shall be done only on application to the
Superintendent of Public Works, and in conformity with the rules
and regulations of the Board of Public Works. The property owner
will be responsible for the cost as if the work was done in
concrete; the City shall defray the added cost of using stone.
* In-kind repair and replacement is defined as the repair and
replacement of an architectural or site element in a manner such
that the execution of the work and the quality and physical
characteristics of the element, (e.g., color, texture,
composition, design, dimension) match those of the original.
Second, with regard to the implementation of the City Sidewalk
Program outside historic districts and landmark sites:**
1. Where repair and replacement of an existing stone sidewalk on
property outside an historic district or landmark site is deemed
necessary by the Department of Public Works, it will be
permissible to repair and replace that sidewalk in-kind. The
property owner will be responsible for the cost as if the work was
done in concrete; the City shall defray the added cost of using
stone. In the case of interrupted runs of stone or individual
extant flags, intervening concrete may be replaced by stone, with
the same distribution of cost.
2. A property owner may, without requirement by the Department of
Public Works, choose to restore an existing stone sidewalk by
completing a run of slate that has been interrupted by concrete.
The work shall be done only on application to the Superintendent
of Public Works, and in conformity with the rules and regulations
July 5, 2000
15
of the Board of Public Works. The property owner will be
responsible for the cost as if the work was done in concrete; the
City shall defray the added cost of using stone.
** Since properties that are not within historic districts and are
not landmark sites are not under the jurisdiction of the Landmarks
Preservation Commission, the Department of Public Works may
undertake sidewalk replacement in these area without consulting
the commission.
Third, with regard to the implementation of the City Sidewalk
Program both within and outside of historic districts and landmark
sites:
1. It is recommended that the Board of Public Works inform
property owners that stone is an acceptable sidewalk paving
material, provided that it meets board standards for condition and
installation.
2. It is recommended that the Department of Public Works consider
the evaluation, repair and in-kind replacement of stone sidewalks
as a separate component of the City Sidewalk Program so that the
City can seek contracting services of an individual or firm
skilled in handling flagstone and sympathetic to the use of this
material, and, be it further
RESOLVED, That the Common Council supports the undertaking of a
future City-wide survey of historic paving materials to be
conducted under the supervision of the Landmarks Preservation
Commission. The Commission will use the survey findings to assess
the value of designating remnant paving materials throughout the
City as a thematic historic district. (See Section 228 of the
Municipal Code, Landmarks Preservation Ordinance.)
Alderperson Blumenthal and Mayor Cohen extended their thanks to
Mary Tomlan and Kathleen Foley for their work with the Ad-hoc
Committee on this issue.
A vote on the resolution resulted as follows:
Carried Unanimously
20.3 Tax Incentive Program for Multi-Story Development
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, sprawl is a nationally-recognized environmental problem,
and
WHEREAS, concentrated development is one of the means of reducing
and combating sprawl, and
WHEREAS, taller buildings, which are necessary for denser
development, are more expensive to construct than single-story
suburban structures, and
WHEREAS, property taxes in Tompkins County and the City of Ithaca
are a major expense for the developers of real estate, and
WHEREAS, reducing the tax burden on new construction can help
stimulate denser development in the built up commercial areas in
the City, and
WHEREAS, the Tompkins County Industrial Development Agency has the
authority under New York State law to abate property taxes for a
variety of uses, and
WHEREAS, a proposal has been prepared and reviewed by the Planning
& Economic Development Committee of Common Council, which would
July 5, 2000
16
request that the Tompkins County Industrial Development Agency
provide a temporary, and, in most cases, partial abatement of real
property tax for certain types of development in certain areas of
the City, and
WHEREAS, such a proposed abatement would result in no net loss of
current tax revenue and would contribute to the production of new
development and rehabilitation of multi-story buildings; now,
therefore, be it
RESOLVED, That the City of Ithaca does hereby request that the
Tompkins County Industrial Development Authority undertake a
program of tax abatements as outlined in the Tax Abatement
Proposal, dated June 29, 2000, and that the area covered by the
proposed abatement be as shown on the attached map, which
encompasses the downtown central business district, the West State
Street corridor, the West End and Inlet Island.
Extensive discussion followed on the floor with Mayor Cohen
explaining that the abatement is only effective on the enhanced
value of the property.
Alderperson Sams expressed reservations about the program, and the
speculation of increased development.
Amending Resolution
By Alderperson Farrell: Seconded by Alderperson Manos
RESOLVED, That an additional Resolved clause be added to the end
of the resolution to read as follows:
“RESOLVED, That the proposed Tax Abatement Program will be
evaluated no later than five years or by December 31, 2005, in
order to determine whether the program should be continued.”
Carried Unanimously
Amending Resolution
By Alderperson Farrell: Seconded by Alderperson Hershey
RESOLVED, That the following language be added after the fourth
paragraph of the proposal: “Any applicant seeking an abatement
under this program must demonstrate that any and all residential
buildings owned by the applicant located in the City of Ithaca,
which require a Certificate of Compliance, shall have such a valid
Certificate in order for the applicant to be eligible for a Tax
Abatement under the terms of this program. If the applicant is a
corporation or partnership, the names of all owners and/or
partners of the corporation or partnership must be provided in
order to demonstrate that all residential buildings in the City of
Ithaca owned by the owners and/or partners or one or more of the
owners and/or partners have valid Certificates of Compliance for
such buildings.”
Extensive discussion followed on the floor with Council members
questioning why Certificates of Compliance are being checked only
on residential properties and not commercial properties. Director
of Planning and Economic Development Van Cort responded that
Certificates of Compliance are only issued on residential
properties. Commercial properties are subject to building code
standards from the year that they were built, and therefore are
more difficult to determine compliance.
Common Council members further expressed interest in investigating
ways to check on code violations of out-of-town developers as well
as local developers.
Mayor Cohen requested that the City Attorney research these issues
further and report the findings to Council at a later date.
July 5, 2000
17
Mayor Cohen stated that he believes this program is an incentive
for property owners who properly maintain their buildings, and it
is a strong message that the City of Ithaca wants to do business
with people who are willing to invest in their properties and
comply with the codes of the City of Ithaca.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Amending Resolution
By Alderperson Farrell: Seconded by Alderperson Blumenthal
RESOLVED, That the word “could” on the second page, third line, of
the proposal be changed to “must”.
Carried Unanimously
Alderperson Blumenthal requested that the map be amended to remove
the block bounded by Seneca, Buffalo, Geneva and Albany Streets
as it is zoned residential instead of commercial.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Alderperson Manos left the meeting at 9:00 p.m.
20.4 A Resolution to Call for Public Hearing Regarding a Proposed
Amendment to Article II, Section 325-8 "District Regulations
Chart" of the City of Ithaca Zoning Ordinance
By Alderperson Blumenthal: Seconded by Alderperson Pryor
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 entitled "CBD" to be known as "CBD-140," to define
boundaries for said Sub-District as delineated on the attached
map, and
WHEREAS, it is intended 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, it is further proposed to amend a portion of the "CBD-60"
Sub-District immediately adjacent to the new "CBD-140" Sub-
District to "CBD-85," as also delineated on the attached map, and
WHEREAS, details of the proposed amendment have been circulated to
all appropriate public and private sector boards, councils,
departments and individuals for their consideration and
recommendations, and
WHEREAS, responses from these boards, councils, departments and
individuals have been received and considered; 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, and further that a portion of
the boundary of the existing "CBD-60" zone be amended to "CBD-85,"
is hereby introduced before the Common Council of the City of
Ithaca, New York, and, be it further
July 5, 2000
18
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 of
Ithaca, New York, at 7:00 p.m. on Wednesday, August 2, 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.
Carried Unanimously
The Zoning Ordinance Amendment to be considered shall be as
follows:
Within the new Sub-District the District Regulations Chart Columns
shall be as follows:
Column # 1"Use District" "CBD"
Column # 2"Permitted Primary Uses" "1. Any use permitted
in B-2 See Sec 181-
13, Fire Limits"
Column #3 "Permitted Accessory Uses" "Any accessory use
Permitted in B-2
Column #4 "Off-Street Parking Requirement" "None"
Column #5 “Off-Street Loading Requirement" Same as B-2a"
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"
Both the new "CBD-140" Sub-District, and the portion of the "CBD-
60" zone amended to "CBD-85," 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 by the Design Review Board, as provided
for in Section 325-41 of the City of Ithaca Zoning Ordinance. In
performing such review the Design Review Board shall pay
particular attention to the visual effect of proposed projects on
the character of the area. Review of new construction within the
CBD-140 Sub-District by the Design Review Board shall be a
prerequisite to the issuance of any other permits for the proposed
new construction project.
July 5, 2000
19
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.
(B) A Resolution regarding a proposed ordinance amending the
Municipal Code of the City of Ithaca, Article II, Section 325-8
"District Regulations Chart" of the City of Ithaca Zoning
Ordinance - Determination of Environmental Significance
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca is proposing a zoning amendment to
create a new Sub-District within the Use District entitled "CBD"
to be known as "CBD-140," 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, it is further proposed to amend a portion of the "CBD-60"
Sub-District immediately adjacent to the new "CBD-140" Sub-
District to "CBD-85," and
WHEREAS, appropriate environmental review has been conducted
including the preparation of Parts I, II and III of a Long
Environmental Assessment Form (LEAF), and
WHEREAS, the proposed action is a Type I action under the City
Environmental Quality Review Act (CEQR Sec. 176-12B), and
WHEREAS, the Common Council for the City of Ithaca, acting as Lead
Agency, has reviewed the LEAF Part I, dated 3/21/00, Part II and
Part III, prepared by City of Ithaca Planning Staff, comments
prepared by the City of Ithaca Conservation Advisory Council, the
City of Ithaca Planning and Development Board, Ithaca Landmarks
Preservation Commission, and supplemental information and comments
from other organizations and the public, and has determined that
the proposed action will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
hereby adopts as its own, the findings and conclusions more fully
set forth on the Long Environmental Assessment Form Parts I, II,
and III, and, be it further
RESOLVED, That this Common Council, as lead agency, hereby
determines that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary, 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
20.5 Downtown Improvements -- Capital Project
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, the Common Council established Project #386, Commons
Improvements in the 2000 Budget for $352,000, to implement the
recommendations in "Reviewing the Design of the Ithaca Commons,"
and
WHEREAS, the Common Council authorized $80,000 on March 1, 2000
for maintenance and small improvement projects, and
July 5, 2000
20
WHEREAS, the scope of the improvements in the report includes the
Commons and streets immediately adjacent to the Commons, and
WHEREAS, a report entitled "Draft Recommendations for Renewing
Downtown, the Commons and Adjacent Streets," dated June 16, 2000
outlines a four-year phased improvement program which includes all
the items from the report and some additional projects to improve
downtown, and
WHEREAS, the estimates in the report are rough estimates of items
since it is difficult to project costs without design and
construction drawings, and the total estimated cost of the four-
year plan was $2,504,000, and
WHEREAS, the Planning and Economic Development Committee has
reviewed this report and has recommended the approval of the list
of items in Year One, with the exception of the first phase of
landscape renovations in existing planters; now, therefore, be it
RESOLVED, That Common Council approves the list of first-year
projects enumerated below, for a cost of $337,000, which includes
the $80,000 previously authorized.
Discussion followed on the floor regarding specific components of
the project, and the procedures that will be followed regarding
future Capital Project review.
A vote on the Resolution resulted as follows:
Carried Unanimously
20.6 Adult Use Moratorium Extension
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, Common Council, at a regularly scheduled meeting held on
July 7, 1999, adopted Local Law No. 3 of the year 1999 providing
for a nine month moratorium on the establishment of new adult uses
or the expansion of existing adult uses, and
WHEREAS, pursuant to section 4(A) of said local law, Common
Council, at its regularly scheduled meeting held on April 5, 2000,
extended said moratorium for a three (3) month period, until
August 5, 2000, and
WHEREAS, during the moratorium period, Common Council authorized a
study to be conducted of the possible deleterious impacts of adult
uses in the City of Ithaca which study was expected to be
completed by May 1, 2000, and
WHEREAS, the completion date of said study was delayed and is now
expected to be completed no later than June 30, 2000 and a report
and recommendations issued on or about that same date, and
WHEREAS, considering the potential objectionable characteristics
and impacts of adult uses on the health, safety and general
welfare of the residents of the City and the important
constitutional issues that must be identified and addressed in any
regulation of adult uses, Common Council reaffirms its conclusion
that it would be a disservice to the community to attempt to
complete a review of said study and legislation in a limited
period of time, and
WHEREAS, Common Council determined in its resolution granting a
three (3) month extension to the moratorium that an additional
period of three (3) months may be required for it to review said
study and report, to deliberate on the negative impacts contained
therein, if any, and to determine what legislation should be
July 5, 2000
21
promulgated and adopted by Common Council to address any negative
impacts; now, therefore, be it
RESOLVED, That the moratorium for the establishment of new adult
uses or the expansion of existing adult uses is hereby extended
for an additional three (3) months, until November 5, 2000.
Amending Resolution
By Alderperson Spielholz: Seconded by Alderperson Glasstetter
RESOLVED, That the last Resolved clause be amended to read as
follows:
“RESOLVED, That the moratorium for the establishment of new adult
uses or the expansion of existing adult uses is hereby extended
for a period to end no later than November 5, 2000.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) Pryor, Sams, Farrell, Blumenthal, Vaughan,
Spielholz, Taylor
Nays (1) Hershey
Abstentions (1) Glasstetter
Carried
Public Art and Design Commission – Report
Alderperson Blumenthal reported that the Public Art and Design
Commission has met three times since June 7, 2000, when Common
Council passed a resolution requesting the removal of the
sculptures from the Route 96 bridge. The Commission approved the
following resolution unanimously at their June 28, 2000 meeting:
“WHEREAS, the Commission on Public Art and Design is convened by
Common Council to advise on public art and design in the City, the
Commission is concerned that Common Council did not consult with
them prior to its vote on June 7, 2000 to approve the removal of
the sculptures named “Silent City”, and
WHEREAS, the Commission informs Council that issues on the
Artist’s legal standing exist with respect to copyright of his
site specific design as evidenced in the New York State Arts and
Cultural Affairs Law, Article 14, Section 1403, in which the
Artist shall retain at all times the right to claim authorship and
that no person other than the Artist or a person acting within the
Artist’s consent shall knowingly display in a place accessible to
the public, a work of fine art in an altered, defaced, mutilated
or modified form, if the work is displayed as being the work of
the artist, and damage to the Artist’s reputation is reasonably
likely to result therefrom. Moreover, the law requires that an
Artist aggrieved under submission, subdivision 1 or subdivision 2
above in this section, shall have a cause of action for legal and
injunctive relief; now, therefore, be it
RESOLVED, That the Commission advises Common Council that it
cannot, and will not, take any action with respect to Council’s
request to seek an alternative location of the sculptures until
Council is informed and advised by the City Attorney as to
appropriate and lawful action that the City may take in this
matter with respect to section 14 of above.
July 5, 2000
22
Alderperson Blumenthal noted that the Public Art and Design
Commission is interested in receiving a legal opinion regarding
the ability of the City to relocate the sculptures without the
approval of the Artist.
21. NEW BUSINESS:
21.1 Authorization to Amend Personnel Roster - Resolution
By Alderperson Hershey : Seconded by Alderperson Farrell
WHEREAS, the Department of Public Works – Streets and
Facilities/Parks and Forestry’s personnel roster includes a Tree
Trimmer position, and
WHEREAS, the department has re-evaluated its functional and
staffing needs, and
WHEREAS, DPW-S&F has determined that a Senior Tree Trimmer would
be of a greater benefit to the City, and therefore be it
RESOLVED, That Common Council hereby amend the 2000 Department of
Public Works – Streets & Facilities’ Authorized Personnel Roster
as follows:
Delete: One (1) Tree Trimmer
Add: One (1) Senior Tree Trimmer
and be it
RESOLVED, That T. Eric Woodward be appointed to the position of
Senior Tree Trimmer at $10.61/hour, which is assigned to grade 31
of the 1999 CSEA DPW unit, effective immediately, and be it
further
RESOLVED, That the funds necessary for said amendment shall be
derived from the departments existing 2000 budget.
Carried Unanimously
Common Council Chamber Renovation Capital Project – Report
Alderperson Blumenthal withdrew this item from the agenda.
ADJOURNMENT:
On a motion the meeting adjourned at 9:25 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor