HomeMy WebLinkAboutMN-CC-2000-08-02
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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
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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
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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
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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
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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
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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
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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
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"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
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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
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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
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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
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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