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HomeMy WebLinkAboutMN-CC-2000-08-02 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 August 2, 2000 PRESENT: Acting Mayor Manos Alderpersons (8) Pryor, Sams, Blumenthal, Glasstetter, Farrell, Vaughan, Taylor, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Schwab City Controller – Cafferillo Planning and Development Director – Van Cort Superintendent of Public Works – Gray Fire Chief - Wilbur EXCUSED: Alderperson Spielholz PLEDGE OF ALLEGIANCE: Acting Mayor Manos led all present in the Pledge of Allegiance to the American flag. Acting Mayor Manos introduced herself and reported that Mayor Cohen is out of town on business. She stated that the Mayor can only vote in cases of a tie vote, but according to the City Charter, the Acting Mayor shall exercise the voting rights afforded Council members other than the Mayor. Acting Mayor Manos stated that she would be exercising her right to vote on the legislation presented tonight. YOUTH AWARD: Alderpersons Hershey and Taylor presented the Distinguished Youth Award to Dana Kingsbury and Rachel Tanksley, Ithaca High School students for their fund raising efforts for the Relay for Life Walk that benefited the American Cancer Society. Dana and Rachel organized the “IHS Class of 2001” team, and through a sponsorship with Audrey Edelman Real Estate, raised over $1,000 for cancer research. APPROVAL OF MINUTES: By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That the minutes from the June 7, 2000 Common Council Meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Economic Development Committee: Alderperson Blumenthal requested the deletion of Item 17.3 – Tompkins County Library – Memorandum of Understanding – Report; and Item 17.4 – Adult Use Moratorium – Report. No Council member objected. SPECIAL ORDER OF BUSINESS: A Public Hearing to Amend Ordinance Section 325-8 August 2, 2000 2 Entitled “District Regulations Chart” of the City of Ithaca Municipal Code by Adding a New Sub-District, CBD-140 Resolution to Open Hearing: By Alderperson Blumenthal: Seconded by Alderperson Pryor RESOLVED, That the public hearing to consider adding a new sub- district, CBD-140 to the Zoning District Regulations Chart be declared open. Carried Unanimously The following people spoke in favor of the proposed CBD-140 District: Bill Petrillose, Center Ithaca Joel Harlan, Town of Dryden Nick Lambrou, City of Ithaca John Schroeder, City of Ithaca Gary Ferguson, Ithaca Downtown Partnership Ken Jupiter, 15 Steps The following people spoke in opposition to the CBD-140 District as proposed: Jane Marcham, City of Ithaca (submitted petition with 17 signatures) Carolyn Peterson, City of Ithaca John Benson, City of Ithaca Mary Tomlan, City of Ithaca Jemma Macera, City of Ithaca Dan Hoffman, City of Ithaca Fay Gougakis, City of Ithaca Resolution to Close Hearing: By Alderperson Hershey: Seconded by Alderperson Vaughan RESOLVED, That the public hearing to consider adding a new sub- district, CBD-140 to the Zoning District Regulations Chart be declared closed. Carried Unanimously A Public Hearing to Amend Ordinance Section 325-4 and 325-5 of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, regarding increasing the parking requirement in 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) Resolution to Open Hearing: By Alderperson Farrell: Seconded by Alderperson Blumenthal RESOLVED, That the public hearing to consider the creation of the Collegetown Parking Overlay Zone (CPOZ) declared open. Carried Unanimously The following people spoke in support of the increased parking requirements in the Collegetown area: Stuart Stein, City of Ithaca Fay Gougakis, City of Ithaca Joel Harlan, Town of Dryden Mary Tomlan, City of Ithaca Jane Marcham, City of Ithaca August 2, 2000 3 Resolution to Close Hearing: By Alderperson Blumenthal: Seconded by Alderperson Pryor RESOLVED, That the public hearing to consider the creation of the Collegetown Parking Overlay Zone (CPOZ) declared closed. Carried Unanimously A Public Hearing to Consider the Southwest Area Design Guidelines Resolution to Open Hearing: By Alderperson Farrell: Seconded by Alderperson Blumenthal RESOLVED, That the public hearing to consider the creation of the Collegetown Parking Overlay Zone (CPOZ) declared open. Carried Unanimously The following people addressed Common Council regarding the Southwest Area design guidelines: Betsy Darlington, Conservation Advisory Council Jeff Wild, Town of Dryden Fay Gougakis, City of Ithaca Dan Hoffman, City of Ithaca Resolution to Close Hearing: By Alderperson Hershey: Seconded by Alderperson Vaughan RESOLVED, That the public hearing to consider the creation of the Collegetown Parking Overlay Zone (CPOZ) declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Community Police Board By Alderperson Vaughan: Seconded by Alderperson Pryor RESOLVED, That Amy Rovelstad, City of Ithaca, be appointed to the Community Police Board with a term to expire December 31, 2002. Carried Unanimously Community Police Board By Alderperson Pryor: Seconded by Alderperson Sams RESOLVED, That Dwayne Robinson, City of Ithaca, be appointed to the Community Police Board with a term to expire December 31, 2001. Carried Unanimously Community Police Board By Alderperson Sams: Seconded by Alderperson Pryor RESOLVED, That Bob Wigden, City of Ithaca, be appointed to the Community Police Board with a term to expire December 31, 2002. Carried Unanimously Planning and Development Board By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That Jane Marcham, City of Ithaca, be appointed to the Planning and Development Board with a term to expire December 31, 2001. Ayes (8) Manos, Pryor, Farrell, Sams, Vaughan, Blumenthal, Taylor, Hershey Nays (1) Glasstetter Carried Planning and Development Board By Alderperson Taylor: Seconded by Alderperson Blumenthal RESOLVED, That John Beach, City of Ithaca, be appointed to the Planning and Development Board with a term to expire December 31, 2001. Carried Unanimously August 2, 2000 4 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council on various issues: Michael Angley, Jacksonville, Traffic Diverters Joel Harlan, Town of Dryden, Oswego Harbor Fest Walter Hang, City of Ithaca, Lead Contamination at Ithaca Falls Anne Ball, City of Ithaca, Traffic Diverters – submitted petition with over 2,000 signatures Joe Wetmore, Town of Ithaca, Southwest Park Development Gossa Tsegaye, City of Ithaca, 219 Cleveland Avenue property Lauren Seraphin, Southwest Park Development Betsy Darlington, City of Ithaca, Southwest Park Zoning Fay Gougakis, City of Ithaca, Lead Contamination at Ithaca Falls Jeff Wild, Town of Dryden, Southwest Park Development RESPONSE TO THE PUBLIC: Alderperson Hershey responded to comments made about the Cleveland Avenue property and zoning requirements in that area. Alderperson Blumenthal reported that the Planning and Economic Development Committee will be discussing Southwest Park building sizes at the August 16, 2000 meeting. CONSENT AGENDA ITEMS: 20.1 City Clerk – Request Alcohol Permit for Giovanni’s Osteria Paesana Restaurant By Alderperson Sams: Seconded by Alderperson Glasstetter WHEREAS, in 1996 the City of Ithaca issued a license to Giovanni’s Osteria Paesana Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council’s responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Giovanni’s Osteria Paesana Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, For the year 2000, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Giovanni’s Osteria Paesana Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $500,000.00 and the approval of an outdoor dining permit. Carried Unanimously August 2, 2000 5 20.2 City Clerk – Request Alcohol Permit for Dano’s on Cayuga By Alderperson Sams: Seconded by Alderperson Glasstetter WHEREAS, in 1996 the City of Ithaca issued a license to Dano’s on Cayuga allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council’s responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Dano’s on Cayuga, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, For the year 2000, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Dano’s on Cayuga that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $500,000.00 and the approval of an outdoor dining permit. Carried Unanimously 20.3 City Clerk – Request to Permit Wine Tasting and Sale of Bottled Wine at Apple Harvest Festival By Alderperson Sams: Seconded by Alderperson Glasstetter RESOLVED, That Cayuga Wine Trail Wineries and Bellwether Hard Cider Co. be authorized to sell wine and hard cider, and to permit tasting of the wines and hard cider they sell at a booth during the Apple Harvest Festival held on the Ithaca Commons from October 6 – October 8, 2000, subject to said entities’ compliance with all applicable state and local laws and ordinances, and upon the entities entering into an agreement providing that it would hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wines or hard cider on the Ithaca Commons, and upon the entities agreeing to maintain liability insurance in the amount of $500,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00 and providing evidence of such insurance to the City of Ithaca. Carried Unanimously REGULAR AGENDA ITEMS: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 20.1 A 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 of the R-3 zone(Residential) and the B-2 zone, (Business) in certain areas in and around Collegetown to one parking space for every two resident August 2, 2000 6 occupants as applicable to the "Collegetown Parking Overlay Zone," (CPOZ) -Determination of Environmental Significance By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca is proposing a zoning amendment which would create a new zone to be known as the Collegetown Parking Overlay Zone, CPOZ, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF) Parts I, II, and III, and WHEREAS, the proposed action is an Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF, prepared by City of Ithaca Planning Staff and dated July 6, 2000 and the LEAF Parts I, II, and III prepared by City of Ithaca Planning Staff and dated July 7, 2000, comments prepared by the City of Ithaca Conservation Advisory Council, and comments prepared by the City of Ithaca Planning and Development Board and has determined that the proposed action will not have a significant effect on the environmental; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth in the Long Environmental Assessment Form 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 for the adoption of this plan 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 20.1 B 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 of the R-3 zone(Residential) and the B-2 zone, (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) By Alderperson Blumenthal: Seconded by Alderperson Pryor ORDINANCE NO. - ____ 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 August 2, 2000 7 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), within the new CPOZ as follows: Collegetown Parking Overlay Zone - CPOZ - R-3, (R-3a and R-3b) Off-Street Parking Requirements 3. All residential uses including but not limited to single and two family dwelling units, apartments, boarding houses, cooperative households, dormitories, garden apartments, group homes, hotels, motels rooming houses, townhouses, tourist homes, fraternities and sororities. 4. 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 CPOZ R-3 2. All transient residential uses: Same as CPOZ 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 CPOZ B-2a 2. All transient residential uses: Same as CPOZ B-2a 5. 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: August 2, 2000 8 "Notwithstanding anything to the contrary contained herein, in the CPOZ: (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. 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 August 2, 2000 9 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. Alderperson Blumenthal reported that additional language amending this ordinance will be presented in the near future pertaining to renovations to existing buildings in the designated areas. Discussion followed on the floor regarding building height requirements in the central district, and back yard paving restrictions. Alderperson Glasstetter suggested language that would allow developers to contribute money to improve the public transit system as an alternative to providing increased parking spaces. It was recommended that this issue be referred to the Planning and Economic Development Committee for further discussion. A vote on the Ordinance resulted as follows: Ayes (8) Manos, Pryor, Farrell, Sams, Vaughan, Blumenthal, Taylor, Hershey Nays (1) Glasstetter Carried Recess: Common Council recessed at 9:00 pm and reconvened into regular session at 9:10 pm. 20.2 An Ordinance Amending Section 325-8 Entitled “District Regulations Chart” of the City of Ithaca Municipal Code by Adding a New Sub-District, CBD-140 By Alderperson Blumenthal: Seconded by Alderperson Hershey ORDINANCE NO. 00 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Section 325-8 Entitled “District Regulations Chart” of the City of Ithaca Municipal Code be Amended by Adding a New Sub-District, CBD-140, as follows: Section 1. Within the new Sub-District, CBD-140, 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 August 2, 2000 10 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 By Buildings” required for 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. Section 2. A new sub-section, G, will be added to Section 325-41 calling for design review by the Design Review Board. The language of the new sub-section will be as follows: "G. Construction of new buildings within the CBD-140 Sub- District shall be subject to review by the Design Review Board. 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.” 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. Amending Resolution By Alderperson Vaughan: Seconded by Alderperson Sams RESOLVED, That the CBD-140 district map be amended by moving the boundary to the middle of the block, from Aurora Street to the middle of the block in the middle of the Seneca Street parking garage. Discussion followed on the floor regarding the proposed amendment. Alderperson Blumenthal recommended that the amended language be brought to the Planning and Economic Development Committee for further discussion. Alderperson Hershey spoke in opposition to the amending resolution. Alderpersons Vaughan and Sams withdrew the Amending Resolution under the condition that the boundaries will be re-examined by the Planning and Economic Development Committee. A vote on the Ordinance resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE August 2, 2000 11 19.1 City Clerk – Request Funds for Annual Employee Recognition Picnic By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, the 2000 City Employee Recognition Picnic has been scheduled for September 15, 2000; now, therefore, be it RESOLVED, That $4,000 be transferred from account A1990 Unrestricted Contingency to account A1430-5440 Staff Development. Carried Unanimously 20.1 City Clerk – Request for Funds to Replace a Voting Machine By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, one of the City’s voting machines was dropped and damaged beyond repair, and another machine has been declared too old to use for elections, and WHEREAS, the 2001 re-apportionment may result in an increase in voting districts for the City, and WHEREAS, the demand for re-conditioned voting machines may become great within the next year due to nationwide re-apportionments, and switching to electronic voting machines would require the replacement of 20 machines; now, therefore, be it RESOLVED, That $3,000 be transferred from account A1990 to account A1450-5477 to replace a damaged voting machine. Carried Unanimously 20.2 DPW – Request to Modify Sidewalk Assessment By Alderperson Vaughan: Seconded by Alderperson Glasstetter WHEREAS, the 1999 sidewalk assessments have been forwarded to the City Chamberlain for collection, and WHEREAS, staff has recognized that the assessment for 306 Dey Street was calculated incorrectly, resulting in a reduction of assessment from $834.50 to $487.25; now, therefore, be it RESOLVED, That Common Council hereby approves the adjustment to reduce the 1999 sidewalk assessment for the property owner for 306 Dey Street from $834.50 to $487.25 due to said calculation error, and be it further RESOLVED, That the City Chamberlain is hereby directed to make the necessary adjustments to the 1999 sidewalk assessment. Carried Unanimously 20.1 Fire Department – Request Approval of Sale of Fire Station #7 By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, Fire Station #7 at 1012 North Tioga Street was decommissioned in October, 1996, and WHEREAS, the Board of Fire Commissioners has determined that Station #7 is surplus and should be returned to the tax rolls, and WHEREAS, at its December 8, 1999 meeting, the Common Council established criteria for the sale of Fire Station #7, and WHEREAS, the Fire Commission has solicited bids according to Common Council’s criteria, and opened bids from prospective purchasers on June 22, 2000, and August 2, 2000 12 WHEREAS, the Fire Commission did cause a review of said bids to be made, and subsequently voted at their July 11, 2000 meeting to award the sale to the highest bidder in the amount of $68,000, and WHEREAS, the purchasers have a contingency which requires a closing within sixty days of the Common Council meeting at which this will be discussed, and WHEREAS, Common Council must approve the sale of any City-owned property; now, therefore, be it RESOLVED, That Common Council does hereby approve the sale of Fire Station #7 to the high bidders, Victoria Romanoff and Sarah Adams, in the amount of $68,000, and be it further RESOLVED, That the closing shall take place within sixty days from the approval by Common Council, and be it further RESOLVED, That the City Attorney is directed to proceed with the preparation of documents and execution of the sale, and be it further RESOLVED, That the proceeds from the sale of Fire Station #7 shall be allocated through a mutually agreed-upon arrangement between Common Council and the Fire Department. Discussion followed on the floor with Fire Chief Wilbur giving a brief history of the discussions held regarding the disposition of money from the sale of Fire Station #7. Alderpersons Taylor and Hershey thanked the Board of Fire Commissioners for their hard work on this property transaction. A vote on the resolution resulted as follows: Carried Unanimously 20.2 Fire Department – Request to Amend Capital Project #356 to Purchase a Fire Engine/Pumper By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, Capital Project #356 was established January 7, 1998 for the acquisition of two fire engine/pumper vehicles, and WHEREAS, the Board of Fire Commissioners awarded a bid to purchase said two fire engine/pumper vehicles, and WHEREAS, the bid included an option to purchase an additional fire engine/pumper vehicle at the accepted base bid price for one year from the award date of August 16, 1999, and WHEREAS, an analysis prepared by the Fire Department shows that a significant savings can be realized by exercising said option; now, therefore, be it RESOLVED, That Capital Project #356 be hereby increased by $385,000 for the acquisition of one additional fire engine/pumper vehicle at the bid option base price, and be it further RESOLVED, That the increased authorization of $385,000 be derived from the issuance of Serial Bonds. Carried Unanimously 19.6 Planning Department – Request Funds for NESTS Transit Planning Project August 2, 2000 13 By Alderperson Vaughan: Seconded by Alderperson Blumenthal WHEREAS, the Northeast Subarea Transportation Study (NESTS) included recommendations regarding enhanced transit in the Northeast area of Tompkins County, and WHEREAS, the Ithaca-Tompkins County Transportation Council (ITCTC) has set up a subcommittee, which has provided additional recommendations regarding enhanced transit options, and said subcommittee and the ITCTC Planning Committee have recommended the establishment of a Client Committee to oversee the NESTS Transit Planning Project, and WHEREAS, the ITCTC Policy Committee has asked the affected municipalities and entities to report on their intent to participate in this NESTS Transit Planning Project, and to contribute to the local share of the Project, and WHEREAS, Tompkins County would serve as the official sponsor of the Transit Planning Project for purposes of the TIP (Transportation Improvement Program) process, and participating municipalities and entities would include the Village of Lansing, Village of Cayuga Heights, Town of Dryden, Town of Lansing, Town of Ithaca, City of Ithaca, Tompkins County, TCAT, and Cornell University, and WHEREAS, the Project scope is expected to include the following components:  Market research and demand analysis,  Development of enhanced transit implementation strategies,  Opportunity for public review and comment,  Identification of a preferred strategy and cost analysis, environmental impact assessment, and operating and implementation schedule,  Identification of financing strategies, and  Preparation of a service implementation plan, and WHEREAS, the ITCTC has indicated that the majority of funds for this Transit Planning Project will be provided by the State of New York from unexpended TIP funds, and that the local share for each participating municipality and entity will be an amount not exceeding $5,000.00; now, therefore, be it RESOLVED, That an amount not to exceed $5,000 be authorized as the City of Ithaca’s share of the NESTS Transit Planning Project, and be it further RESOLVED, That this amount be transferred from account A1990 Unrestricted Contingency funds to account A8020-5435 Contractual, and be it further RESOLVED, That the authorization of this sum is contingent upon contributions from Cornell University and the seven governmental entities named above in equal amounts, such amounts not to exceed $5,000, and, be it further RESOLVED, That Common Council appoints Alderperson Tracy Farrell to serve on the NESTS Transit Planning Project Client Committee. Carried Unanimously August 2, 2000 14 20.1 Planning Department – Request Funds for and Approval of Proposal for Cayuga Waterfront Trail Feasibility Study By Alderperson Vaughan: Seconded by Alderperson Blumenthal WHEREAS, the Cayuga Waterfront Trail is a proposed five-mile trail that will link waterfront destinations in the City of Ithaca including the Visitor’s Center, Stewart Park, Newman Golf Course, Farmers’ Market, Inlet Island, Cass Park and Allan H. Treman State Marine Park, and WHEREAS, the proposed trail will be designed to accommodate a wide range of users including joggers, walkers, bicyclists, in- line skaters, skateboarders, mobility-impaired users and persons pushing strollers or baby carriages, and WHEREAS, seventy-five percent of Ithaca’s waterfront land is publicly-owned park and open space and the waterfront is home to Ithaca’s most popular waterfront destination, the Farmers’ Market, and WHEREAS, the proposed trail will be an attraction for tourists and local residents alike, and WHEREAS, the proposed trail was a high priority recommendation in the recently completed Tompkins County Waterfront Plan, and WHEREAS, New York State is soliciting grant applications for funding such open space improvements as the waterfront trail, and WHEREAS, a proposal for preparation of a grant application has been received in the amount of $7,480 plus reimbursables and contingencies; now, therefore, be it RESOLVED, That Common Council authorize the Director of Planning and Development to enter into a contract for preparation of a grant application for the Cayuga Waterfront Trail in an amount not to exceed nine thousand dollars ($9,000), and be it further RESOLVED, That $9,000 be transferred from A1990 Unrestricted Contingency to account A8020-5435 Planning Department Contractual Services for said purpose. Carried Unanimously 20.2 Planning Department – Time Warner/America OnLine Transfer of Franchise By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, Time Warner Entertainment Company, L.P. (“Franchisee”), owns, operates, and maintains a cable television system (“System”) in the City of Ithaca, New York (the “City”) pursuant to the Cable Television Franchise Agreement, dated November 7, 1988, and the Ithaca Cable Communications Regulatory Ordinance (“Cable Ordinance”) dated October 5, 1988; and WHEREAS, Franchisee, as the current authorized holder of the Franchise, has advised the Franchising Authority that Time Warner, Inc. (“Time Warner”) has entered into a stock for stock merger agreement with America OnLine, Inc., (“AOL”) which would transfer control to AOL Time Warner, Inc. subject to, among other August 2, 2000 15 considerations, the required approval of the City with respect thereto; and WHEREAS, the Franchise and Cable Ordinance requires that prior to such transfer, the City must grant its prior consent thereto; and WHEREAS, Time Warner, Inc. and AOL Time Warner, Inc. have submitted a written Application (the “Application”) requesting consent by the City to the transfer of control of the Franchisee to AOL Time Warner, Inc.; and WHEREAS, the City incurred expenses by virtue of the change of control to AOL Time Warner, Inc.; and WHEREAS, the Franchise Agreement, Section 24.3 states, “ACC recognizes but does not adopt the City's position that the City's Cable Communications Ordinance, Chapter 152 of the Code of the City of Ithaca, adopted October 5, 1988 by Ordinance 88-8, is valid and enforceable against ACC. The City recognizes but does not adopt ACC's position that said ordinance is invalid and unenforceable against ACC.” WHEREAS, the City has determined that it is appropriate to grant its consent to the transfer of control of the Franchisee pursuant to the transaction described in the Application and ensure that the City's rights will be adequately protected through this Transfer Resolution; now, therefore, be it. RESOLVED, By the Common Council of the City of Ithaca, New York that the following terms and conditions govern the transfer of control: Section 1. (a) The City hereby consents to the transfer of control of the Franchisee from Time Warner to AOL Time Warner, Inc. pursuant to the conditions described in the Application, that such consent to transfer of control is granted subject to the following conditions all of which have been agreed to by Franchisee. (b) That Franchisee continues to assume all obligations and liabilities of the Franchisee under the Franchise and Cable Ordinance, except those provisions of the Cable Ordinance noted in subsection (c) herein below, this Resolution, any covenant, condition and agreement, including, without limitation, all obligations, if any, of the Franchisee as are currently required to have been performed but have not been performed. (c) Franchisee agrees to be bound by the Cable Ordinance subject to applicable State and Federal law. Notwithstanding the above, the Franchisee retains the position indicated in Section 24.3 regarding: Section 5.7, “Consumer Remedies”; the language in Section 5.14, “Credit for Service Interruption,” that differs from Franchise Section 16.5; and Section 11.D(4). City and Franchisee agree to negotiate on the above listed provisions during the franchise renewal process. Reference to the Cable Ordinance hereafter shall specifically exclude the provisions herein noted. (d) That the transfer described in the Application shall not release Franchisee from any obligations or liabilities under August 2, 2000 16 the Franchise or the Cable Ordinance arising prior to the consummation of the transaction. (e) Consent by the City to the subject transfer shall not in any way waive, diminish or otherwise affect adversely any right that the City has, may have, or may at any time or in any manner subsequently acquire, with respect to any matter, including, without limitation: the City’s right to consider pre- transfer breaches in any renewal; the right of the City to require compliance with the terms of the Franchise and Cable Ordinance or any other covenant, condition or agreement; the right of the City to conduct any franchise fee audit or review and order payment of unpaid franchise fees; the right of the City to review pre-transfer compliance with the Franchise or the Cable Ordinance by Franchisee; any right the City had, or may have had to compensation or other remedies in respect to any pre-transfer breaches of the Franchise, the Cable Ordinance, or any other covenant, condition, or agreement, as if the transfer or the City’s consent to the transfer of control pursuant to the Application had never occurred. All such rights referenced in this paragraph (d) are expressly reserved by the City. (f) The Franchisee represents and warrants that it is not asserting that it will be permitted to provide services in addition to cable services as a result of the approval of the transfer. The Franchisee further represents and warrants that it shall not seek modification of the Franchise based on the failure of the companies to satisfy any of the financial or technical assumptions that may underlie the transaction. The Franchisee warrants that it shall obtain any legally required Federal, State or local authorizations before providing any non-cable services over the cable system. (g) Franchise agrees to comply with all lawful Federal, State, and local requirements with respect to nondiscriminatory access to Franchisee’s cable system for providers of Internet access service. Franchisee acknowledges the “Memorandum of Understanding” between AOL and Time Warner on Open Access dated 2/29/00. Franchisee and the City have not waived any rights, obligations, claims, defenses or remedies regarding the City of Ithaca’s authority to impose such conditions. (h) That Franchisee agree that the cost of compliance with this Resolution and the conditions to the City's consent shall not constitute or be an offset to franchise fees or be passed on, directly or indirectly, to subscribers or otherwise affect subscriber rates, except for Six Thousand Dollars ($6,000) of transfer related costs may, at Franchisee’s discretion, be passed on to subscribers. (i) Franchisee agrees that in the event that a cost of service study is used to justify the rates for basic cable service at any time in the future, the purchase price of the assets in excess of the net book value of the assets at the time of acquisition shall not be included in the determination of the cost of service or recovered through rates, in the rate base or through amortization or through any other accounting method. Records shall be maintained by the Franchisee in a manner so that the value of the assets received from the transferor with and without the allocation of the purchase price above net book value can be determined. (j) That Franchisee agrees to pay the City for costs involved in reviewing and approving the transfer up to a limit of August 2, 2000 17 Eight Thousand Dollars ($8,000), no later than thirty (30) days after the receipt of a bill from the City. (k) That Franchisee has agreed to the conditions specified in this Resolution and shall, within thirty (30) days following adoption of this Resolution, execute and deliver to the City a Transfer Agreement which enables the above conditions, in form and substance satisfactory to the City Attorney, who shall also have the City execute the Transfer Agreement. (l) The Franchisee agrees that it shall provide to the City a written statement within ten (10) days of the actual closing of the proposed transfer confirming that the transfer has occurred. (m) That control of Franchisee to AOL Time Warner, Inc. shall be transferred as specified in the Application within nine (9) months of the effective date of this Resolution. Section 2. In the event of a breach or violation of any of the terms or conditions of this Transfer Resolution or any failure to comply with any term or condition of this Transfer Resolution, the City shall provide written notice thereof to Franchisee. If such breach, violation, or failure to comply is not corrected or cured within thirty (30) days, or such longer time as the City in its sole discretion may allow, after delivery of such written notice from the City to Franchisee, then such breach, violation, or failure shall constitute a substantial and material breach of the Franchise; and the City, without further obligation to provide notice or opportunity to cure, shall be entitled to pursue all rights and remedies available to it under the Franchise, at law, or in equity for such a breach, violation, or failure to comply. Notwithstanding the foregoing obligations and rights, any breach, violation, or failure to timely comply with paragraphs (j) and (l) of Section 1 above shall entitle the City to revoke its consent to transfer of control and, in the event of such revocation, any transfer, or attempted transfer, of the Franchise shall be deemed null, void, and of no force or effect. Section 3. Neither this Transfer Resolution, nor any other action or omission by the City at or before the adoption of this Resolution, shall be construed to grant the consent of the City to any future transfer of control or the Franchise or the cable system, or to grant the consent of the City to any future change in ownership or control of the Franchise or of the cable system, or to mean that the consent of the City to any such future transaction is not required. The consent given by the City to the transfers pursuant to the Application is made without prejudice to, or waiver of, the City's right to fully investigate and consider Franchisee's and AOL Time Warner, Inc.’s financial, technical, and legal qualifications and any other relevant considerations in relation to any future franchise renewal or transfer process. Section 4. That the Mayor is hereby authorized and directed to execute the Transfer Agreement incorporating the provisions of this Resolution and any and all other documents necessary or appropriate to implement this Resolution, subject to prior review and approval by the City Attorney. Carried Unanimously 20.3 Finance/Controller – Bond Resolution August 2, 2000 18 By Alderperson Vaughan: Seconded by Alderperson Hershey A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,983,075 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY COSTS OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying costs of the following objects or purposes in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $1,983,075 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such objects or purposes in accordance with the maximum estimated cost of each. Such objects or purposes are as follows: a) To pay additional costs of planning for the proposed Southwest Natural Area Development Project, including incidental expenses in connection therewith, at a maximum estimated cost of $46,550 (including the $20,000 serial bonds authorized by bond resolution dated and duly adopted January 5, 2000; revised maximum estimated cost of this specific object or purpose is now $46,550; amount of serial bonds authorized by this bond resolution, $26,550). It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; b) To pay costs of the construction of a pedestrian bridge over Route 13, including planning and incidental expenses in connection therewith, at a maximum estimated cost of $250,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law; c) To pay costs of City-wide traffic calming improvements, including incidental expenses in connection therewith, at a maximum estimated cost of $288,525. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; d) To pay additional costs of the replacement and upgrading of various parking meters throughout and in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $117,200 (including the $52,200 serial bonds authorized by bond resolution dated and duly adopted July 7, 1999; revised maximum estimated cost of this class of objects or purposes is now $117,200; amount of serial bonds authorized by this bond resolution, $65,000). It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is August 2, 2000 19 five years, pursuant to subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law, computed from August 11, 1999, the date of issuance of the first obligations issued for such purpose; e) To pay additional costs of the reconstruction of City Hall, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $800,000 (including the $500,000 serial bonds authorized by bond resolution dated and duly adopted July 7, 1999 and the $120,000 serial bonds authorized by bond resolution dated and duly adopted January 5, 2000; revised maximum estimated cost of this specific object or purpose is now $800,000; amount of serial bonds authorized by this bond resolution, $180,000). It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, computed from August 11, 1999, the date of issuance of the first obligations issued for such purpose; f) To pay costs of traffic signal upgrades to the Beverly J. Martin area, including incidental expenses in connection therewith, at a maximum estimated cost of $210,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law; g) To pay costs of bridge sculpture work (West End Improvements), including incidental expenses in connection therewith, at a maximum estimated cost of $25,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law; h) To pay costs of the replacement of the floor at the Steward Park Pavilion, including incidental expenses in connection therewith, at a maximum estimated cost of $30,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years pursuant to subdivision 12(a)(3) of paragraph a of Section 11.00 of the Local Finance Law; i) To pay costs of city traffic light upgrades, including incidental expenses in connection therewith, at a maximum estimated cost of $130,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law; j) To pay additional costs of the development of the Southwest Area Land Use Plan and GEIS, including incidental expenses in connection therewith, at a maximum estimated cost of $550,000 (including the $400,000 serial bonds authorized by bond resolution dated and duly adopted December 2, 1998; revised maximum estimated cost of this specific object or purpose is now $550,000; amount of serial bonds authorized by this bond resolution, $150,000). It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law, computed from December 2, 1998, the date of issuance of the first obligations issued for such purpose; k) To pay additional costs of computer acquisition, including incidental expenses in connection therewith, at a maximum estimated cost of $20,000 (including the $113,000 serial August 2, 2000 20 bonds authorized by bond resolution dated and duly adopted January 5, 2000; revised maximum estimated cost of this specific object or purpose is now $133,000; amount of serial bonds authorized by this bond resolution, $20,000). It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law, computed from January 21, 2000, the date of issuance of the first obligations issued for such purpose; l) To pay additional costs of the reconstruction of the Giles Street bridge, including incidental expenses in connection therewith, at a maximum estimated cost of $1,080,000 (including the $857,000 serial bonds authorized by bond resolution dated and duly adopted May 6, 1998; revised maximum estimated cost of this specific object or purpose is now $1,080,000; amount of serial bonds authorized by this bond resolution, $223,000). It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, computed from January 21, 2000, the date of issuance of the first obligations issued for such purpose; and m) To pay additional costs of the purchase of replacement pumper engines and the purchase of a new fire engine for the Fire Department of and for said City, including apparatus and incidental expenses incurred in connection therewith, at a maximum estimated cost of $985,000, (including the $600,000 serial bonds authorized by bond resolution dated and duly adopted January 7, 1998; revised maximum estimated cost of this class of objects or purposes is now $985,000; amount of serial bonds authorized by this bond resolution is $385,000). It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, computed from January 22, 1998, the date of issuance of the first obligations issued for such purpose. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes and classes of objects or purposes is $1,983,075, and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to each specific object or purpose or class of objects or purposes in accordance with the maximum estimated cost or amount of serial bonds authorized therefor of each set forth in Section 1 hereof. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the August 2, 2000 21 principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or August 2, 2000 22 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Manos Aye Alderperson Pryor Aye Alderperson Farrell Aye Alderperson Sams Aye Alderperson Blumenthal Aye Alderperson Vaughan Aye Alderperson Spielholz – Absent Alderperson Glasstetter Aye Alderperson Taylor Aye Alderperson Hershey Aye Carried Unanimously 20. NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE: 20.1 Snow Removal and Deicing of Streets By Alderperson Taylor: Seconded by Alderperson Pryor WHEREAS, it is vital to the interests of residents of neighborhoods, to local and regional businesses and to the traveling public that streets in Ithaca be kept clear in the winter, and WHEREAS, under the provisions of a 1986 policy, the Department of Public Works (DPW) has applied a mix of sand and salt to all streets except in the downtown areas, and WHEREAS, the flat areas of the City have been treated mainly with sand except in severe icing conditions, and WHEREAS, adherence to the 1986 policy has resulted in about 2000 tons of sand being applied to City streets each winter season which accumulates in the storm water sewer system, and WHEREAS, labor, equipment and maintenance costs are high under the policy since sand does not clean streets as well as salt so streets must be plowed and sanded more frequently during any event and a dedicated crew must be assigned to clean the storm sewers of the annual sand deposits, and WHEREAS, since the use of straight sand in the flat areas does not produce the same quality of results as the use of a salt/sand mixture, and WHEREAS, in recent winters members of the public have requested that the City review the 1986 policy with goal of improving conditions for both drivers and pedestrians in the flat areas, and WHEREAS, a review of current options for snow removal and deicing indicates that product improvements since 1986 have resulted in a August 2, 2000 23 practical alternative to the use of the salt/sand mixture and the straight sand application currently in use, and WHEREAS, Common Council wishes to improve traveling conditions for all residents of the City, and WHEREAS, Common Council wishes to improve the efficiency of the DPW, and WHEREAS, new product development has increased options for snow removal and deicing, and WHEREAS, current available materials would allow deicing of roads without increased corrosion at lower temperatures than materials previously available, thus improving deicing operations, and WHEREAS, costs associated with use of salt and additives would be substantially offset by savings of labor, equipment purchases and maintenance; now, therefore, be it RESOLVED, That Common Council directs the DPW to initiate use of deicing salt with a processed grain wetting agent additive for year 2000-2001, resulting in an approximately 4.5% increase in snow removal costs over the year 1999-2000 budget, and, be it further RESOLVED, That all materials’ spreaders are to be calibrated to dispense more efficiently using at least 20% less material than previously used, and, be it further RESOLVED, That this policy will be reviewed in the Spring of 2001. Discussion followed on the floor regarding the calculation of increased costs and the related budget impacts. A vote on the resolution resulted as follows: Carried Unanimously 21. NEW BUSINESS: Executive Session By Alderperson Sams: Seconded by Alderperson Pryor RESOLVED, That Common Council adjourn into Executive Session to discuss pending litigation. Carried Unanimously Reconvene Common Council reconvened into Regular Session with no action taken. ADJOURNMENT: On a motion the meeting adjourned at 10:50 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Paulette Manos, City Clerk Acting Mayor