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HomeMy WebLinkAboutMN-CC-2003-03-05 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 pm March 5, 2003 PRESENT: Mayor Cohen Alderpersons (8) Manos, Pryor, Whitmore, Blumenthal, Mack, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Schwab City Controller – Thayer Planning and Development Director – Van Cort Economic Development Director – McDonald Community Development Director - Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn EXCUSED: Alderpersons: Sams, Vaughan PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Special Order of Business: Mayor Cohen requested the deletion of Item 5.2 – A Public Hearing to Consider the Adoption of a Revised City of Ithaca Sign Ordinance and added Language to the Site Plan Review Ordinance. No Council member objected. Planning and Economic Development Committee: Alderperson Hershey requested the deletion of Items 11.2 (A)(B)(C) regarding an Ordinance to Amend Chapter 272 Entitled “Signs” of the City of Ithaca Municipal Code. No Council member objected. Budget and Administration Committee: Alderperson Manos requested the addition of Item 12.3 – Resolution Approving Funding to Draft Joint Interceptor Agreement. No Council member objected. New Business: Mayor Cohen requested the addition of Item 13.2 – Appointment of New Police Chief – Resolution. No Council member objected. March 5, 2003 2 SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider the Adoption of the Proposal to Change the Zoning Designation of Portions of the block bounded by East Green Street, East Clinton Street, Cayuga Street and Six Mile Creek from CBD-100 to CBD-120 Resolution to Open Public Hearing: By Alderperson Manos: Seconded by Alderperson Mack RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Change the Zoning Designation of Portions of the block bounded by East Green Street, East Clinton Street, Cayuga Street and Six Mile Creek from CBD-100 to CBD-120 be declared open. Carried Unanimously Joel Harlan, Town of Newfield spoke in support of the zoning change. Resolution to Close Public Hearing: By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Change the Zoning Designation of Portions of the block bounded by East Green Street, East Clinton Street, Cayuga Street and Six Mile Creek from CBD- 100 to CBD-120 be declared closed. Carried Unanimously A Public Hearing to Consider the Adoption of an Ordinance to Amend Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code regarding the Collegetown Parking Overlay Zone: Resolution to Open Public Hearing By Alderperson Peterson: Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing to Consider the Adoption of an Ordinance to Amend Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code regarding the Collegetown Parking Overlay Zone be declared open. Carried Unanimously Joel Harlan, Town of Dryden spoke in favor of the parking overlay zone. Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Mack RESOLVED, That the Public Hearing to Consider the Adoption of an Ordinance to Amend Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code regarding the Collegetown Parking Overlay Zone be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Newfield – economic development concerns Lauri Dahl, City of Ithaca – W. Spencer Street project Yennie Shen, Village of Cayuga Heights – W. Spencer Street project Bonnie Blanding-May, City of Ithaca – temporary park and ride lot location in Northside neighborhood for Cayuga Green project Guy Gerard, City of Ithaca – dogs on the Commons Fay Gougakis, City of Ithaca – dogs on the Commons, emergency preparedness, Commons lighting project John Simon, City of Ithaca – Historic Southside Park RESPONSE TO PUBLIC: The following Council members responded to comments made by the public: Mayor Cohen – W. Spencer Street project, temporary park and ride lots in the Northside neighborhood, emergency preparedness March 5, 2003 3 Alderperson Pryor – dogs on the Commons Alderperson Whitmore – temporary park and ride lots in the Northside neighborhood, Historic Southside Park Alderperson Blumenthal – W. Spencer Street project, public communication regarding emergency preparedness Alderperson Peterson – Commons lighting project Alderperson Hershey – W. Spencer Street project Alderperson Mack – Historic Southside Park, dogs on the Commons CONSENT AGENDA: 8. CONSENT AGENDA ITEMS: 8.1 Mayor – Request to Approve 2003 Budget Amendment for Drug Free Community Grant - Resolution By Alderperson Whitmore: Seconded by Alderperson Pryor WHEREAS, the City has received several grants from the United States Department of Justice since October, 1999 for the Drug Free Communities Program, and WHEREAS, grant funds through said program total $350,000, and WHEREAS, the current supplement for this grant program is $75,000, with a City match of $85,000 (TCAT), and WHEREAS, the 2003 City Budget is in need of adjustment to better reflect the current grant supplement for this program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2003 Authorized City Budget by an amount not to exceed $75,000 for the purpose of accounting for said grant program as follows: Increase Revenue Account: A1112-4389 $75,000.00 Increase Appropriations Accounts: A1112-5115 $14,257.00 A1112-5425 930.00 A1112-5435 25,110.00 A1112-5460 32,500.00 A1112-9730 1,091.00 A1112-9740 221.00 A1112-9760 891.00 $75,000.00 Carried Unanimously 8.2 Mayor – Request to Approve Drug Free Community Support Contract with Tompkins County - Resolution By Alderperson Whitmore: Seconded by Alderperson Pryor WHEREAS, the City has received several grants from the United States Department of Justice since October, 1999 for the Drug Free Communities Program, and WHEREAS, grant funds through said program total $350,000 with this year’s current supplement at $75,000 and a City match of $85,000, and March 5, 2003 4 WHEREAS, the City’s previous Drug Grant Coordinator resigned in May, 2002 and the City has been unable to fill the position since the resignation, and WHEREAS, since a site visit by the Department of Justice in August, 2002, the Community Drug Task Force Board re-organized and is exercising oversight of the Communities Grant program, and WHEREAS, the County Youth Bureau has extensive experience and expertise in community grant management and City staff is currently understaffed in this area, and WHEREAS, the City is recommending contracting with the Tompkins County Youth Bureau to assume the duties of the Drug Grant Coordinator at a cost of $23,610 for this grant period of 10/1/02 – 9/30/03; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor to enter into a contract with the Tompkins County Youth Bureau in an amount not to exceed $23,610 for the purposes of supporting the Drug Free Communities Grant for the period 10/1/02 – 9/30/03 per attached contract, and be it further RESOLVED, That the funds for said contract shall be derived from existing grant funds in the Drug Free Communities 2003 Budget. Carried Unanimously 8.3 Mayor – Request to Approve 2003-2004 Application to Extend Drug Free Community Grant - Resolution By Alderperson Whitmore: Seconded by Alderperson Pryor WHEREAS, the City is eligible to apply for a fifth year of funding to support the Drug Free Community Grant funded by the Department of Justice since 1999, and WHEREAS, the application for $75,000 in federal funds requires approval of the governing body of the City, and WHEREAS, the Ithaca Community Drug Task Force Board is preparing the application and has committed to assuring that the matching funds of $75,000 will be available from non-City sources; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Community Drug Task Force to submit an application requesting $75,000 in Drug Free Communities Support Grant funds for the period October 1, 2003 through September 30, 2004. Carried Unanimously 8.4 Chamberlain – Denial of Request for Waiver of Penalty on Taxes - Resolution By Alderperson Whitmore: Seconded by Alderperson Pryor WHEREAS, the owner of 706 E. Seneca Street, Davide Sayada, has requested a waiver of penalty on 2nd installment of 2002 City taxes because he did not receive the tax bill; now, therefore, be it RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6, 2001, the request to waive penalty is denied. Carried Unanimously 8.5 Chamberlain – Approval to Waive a Portion of Penalty on Taxes- Resolution By Alderperson Whitmore: Seconded by Alderperson Pryor WHEREAS, the owner of 205 Second Street, Brendon Smith, has requested a waiver of penalty on delinquent 2nd installment 2001 City taxes because he did not receive the tax bill, and March 5, 2003 5 WHEREAS, because an incorrect address on file at Tompkins County Assessment was used for the mailings regarding the delinquency caused the owner not to receive notices on the 2001 2nd installment until December, 2002, and WHEREAS, the City was notified of a correct address that was used for other, subsequent tax bills, and WHEREAS, had the address filed with the City been used, as opposed to the County’s, Mr. Smith would have received notification of the delinquency before some portion of the penalties due had accrued; now, therefore, be it RESOLVED, That $156.24 in penalty be waived. Carried Unanimously 11. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Reprogram CDBG funds to the Commons Lighting Replacement Project - Resolution By Alderperson Hershey: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca proposes to undertake the Commons Lighting Replacement project to install forty-one 12-foot tall ornamental street lights and upgrade the electrical system throughout the three-block pedestrian Commons, and WHEREAS, the project cost exceeds the funds available in capital project #386, and WHEREAS, the City of Ithaca was awarded $125,000 in the FY 2001 Small Cities CDBG award for the Downtown Retail Incubator project (activity 2.1), and WHEREAS, the IURA has determined that the Downtown Retail Incubator project cannot be implemented and has been seeking a substitute project, and WHEREAS, the Commons Lighting Replacement project is an eligible activity for CDBG funding, and WHEREAS, the IURA recommends that the City reprogram CDBG funds from the Downtown Retail Incubator project to fill the funding gap for the Commons Lighting Replacement project, and WHEREAS, submission of a CDBG program amendment requires a resolution from the governing body approving submission of the amendment following a public hearing held on the matter, and WHEREAS, a public hearing on the proposed amendment was held before the Planning & Economic Development Committee on February 19, 2003, and WHEREAS, the Common Council adopted a resolution on February 5, 2003 committing an additional $235,000 of local funding into the project that will close the funding gap for the Commons Lighting Replacement project if the CDBG program amendment is approved, now therefore be it RESOLVED, That the City of Ithaca Common Council hereby authorizes the IURA to submit a CDBG program amendment to reprogram $125,000 from Activity 2.1, Downtown Retail Incubator of the FY 2001 CDBG award to the Commons Lighting Replacement project. Discussion followed on the floor regarding the possibility of water service improvements being included during this construction period, but being funded from another source. March 5, 2003 6 A vote on the Resolution resulted as follows: Ayes (7) Manos, Pryor, Whitmore, Peterson, Mack, Hershey, Cogan Nays (1) Blumenthal Carried 11.2 An Ordinance to Amend Chapter 272 entitled “Signs” of the City of Ithaca Municipal Code: These items were withdrawn from the agenda. 11.3 Acceptance of 1998 Economic Development Plan with Addendum - Resolution: By Alderperson Hershey: Seconded by Alderperson Blumenthal WHEREAS, the City of Ithaca Common Council recognizes that the proposed Economic Development Plan for the City of Ithaca, dated September 1998 and prepared by Planning/Environmental Research Consultants, contains recommendations for future uses of certain sections of the city, based on the findings of this study, and WHEREAS, the City of Ithaca Common Council has reviewed and discussed issues raised by the public, and an addendum was proposed and incorporated in response to comments made by City boards and the public, and WHEREAS, members of the Common Council recognize that the Economic Development Plan is conceptual in nature and that as specific projects are proposed, they will be subject to environmental review in accordance with SEQR and CEQR and site plan review in accordance with the City of Ithaca Site Plan Review Ordinance, and WHEREAS, members of the Common Council recognize that the Economic Development Plan includes sufficient flexibility for future decision-makers to allow for the implementation of items proposed in the Plan without being constrained to specific prescriptions that may be contained therein, and WHEREAS, members of the Common Council recognize that Appendix B of the Plan includes the consultant's recommendation about existing development regulations and that these suggestions will be subject to close scrutiny before any revisions to these regulations are made, and WHEREAS, the required public hearings have been held for the adoption of the Plan on February 7, 2001 and on October 2, 2002, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on October 2, 2002, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and, now be it RESOLVED, That the City of Ithaca Common Council hereby accepts the September 1998 Economic Development Plan, including the addendum. Discussion followed on the floor with Alderperson Blumenthal requesting that the following language be added as Part III of the Introduction of the Plan: “Public Art and the Economic Development Plan The City of Ithaca recognizes the important role that public art can play in the quality of the built environment and its relationship to the economic vitality of the city. As such, public art should be incorporated into development projects in the city. The addition of a variety of art in public spaces will enrich the everyday experiences of residents and visitors, create a sense of place, and contribute to the visual vitality of the city’s public environment. Studies have shown that public March 5, 2003 7 art can promote enhanced tourism and be important components in economic development, contributing to a region’s livability and quality of life – factors in attracting and retaining businesses and employees.” No Council member objected. Alderperson Peterson stated that the Plan is intended to be used as a flexible document and guide for future development. A vote on the Resolution resulted as follows: Carried Unanimously 11.4 An Ordinance to Amend the Zoning Map to Create a New CBD-120 Zone: A) Declaration of Lead Agency - Resolution: By Alderperson Hershey: Seconded by Alderperson Manos WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the revisions to the City Sign Ordinance is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the rezoning of portions of the block bounded by East green Street, East Clinton Street, Cayuga Street and Six Mile Creek, from CBD-100 to CBD-120. Carried Unanimously 11.4 B) Determination of Environmental Significance - Resolution: By Alderperson Hershey: Seconded by Alderperson Manos WHEREAS, the City of Ithaca is considering a proposal to create a new zone entitled CBD-120, which would include portions of the block bounded by East green Street, East Clinton Street, Cayuga Street and Six Mile Creek, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Forms (LEAF), and WHEREAS, this rezone has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a Type I Action under the City Environmental Quality Review Act (CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the LEAF prepared by planning staff and has determined that the adoption of the proposed zoning change will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Long Environmental Assessment Form, and be it further March 5, 2003 8 RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review 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. Discussion followed on the floor with Council members asking questions concerning the creek, visual impacts, and shadows. They further made a correction to the Long Environmental Assessment Form (LEAF). A vote on the Resolution resulted as follows: Carried Unanimously 11.4 C) Adoption of Ordinance: By Alderperson Hershey: Seconded by Alderperson Pryor ORDINANCE NO. 03 -- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 325-5 entitled "Zoning Map" is hereby amended to add the following: "Section 325-5. Zoning Map. That the portions of the block bounded by East Green Street, East Clinton Street, Cayuga Street, and Six Mile Creek, which includes parcels 70.-8-10.1, 70.-8-10.2, and part of parcel 81.-2-1 be reclassified from the CBD-100 district to the CBD-120 district." Section 2. Effective Date This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding comments received from the Conservation Advisory Council regarding the visual impacts of development on the City Court building. Further discussion followed regarding the use of the digital zoning map and the elimination of meets and bounds descriptions. A vote on the Ordinance resulted as follows: Carried Unanimously 11.5 An Ordinance to Amend Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code regarding the Collegetown Parking Overlay Zone: By Alderperson Hershey: Seconded by Alderperson Blumenthal ORDINANCE NO. 03 -- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Sections 325-4 and 325-5 of Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” is hereby amended to create a new overlay zone to be known as the Collegetown Parking Overlay Zone, (CPOZ) March 5, 2003 9 Section 2. Section 5 of Chapter 325 Entitled “ Zoning Map” 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 southwest end of the Stewart Avenue bridge where it crosses Cascadilla Creek; thence proceeding in a westerly direction along the northern boundary of tax parcel 63-1-1 to the northwest corner of said parcel; thence continuing southerly along the westerly boundaries of tax parcels 63-1-1 through 63-1-4 to the southwesterly corner of said parcel; thence continuing in an easterly direction along the southerly boundary of tax parcel 63-1-4 to the northwesterly corner of tax parcel 63-1-5; thence continuing in a southerly direction along the westerly boundary of tax parcels 63-1-5 and 63 -1-6, then continuing in a southerly direction across Osmun Place to the northwest corner of tax parcel 63-10-3 and continuing in a southerly direction along the westerly boundaries of tax parcels 63-10-3 through 63-10-5, then continuing in a southerly direction across East Buffalo Street to the northwest corner of tax parcel 63-11-3 then continuing in a southerly direction along the westerly boundaries of tax parcels 63-11-3 through 63-11-8, then continuing in a southerly direction across East Seneca Street to the northwest corner of tax parcel 68-1-2 and continuing in a southerly direction along the westerly boundaries of tax parcels 68-1-2 through 68-1-4, to the southwesterly corner of said parcel; thence continuing in a westerly direction along the northerly boundary of tax parcel 68-1-5 to the northwest corner of said parcel; thence continuing in a southerly direction along the westerly boundary of tax parcels 68-1-5 and 68-1-6 to the northwest corner of tax parcel 68-1-9; thence continuing in an southeasterly direction along the northerly boundary of tax parcel 68-1-9 to the northwesterly corner of tax parcel 68-1-7, such that tax parcel 68-1-6 is wholly included in the CPOZ; thence continuing in a southerly direction along the westerly boundaries of tax parcels 68-1-7 and 68-1-8 , which parcels front on Stewart Avenue, then continuing southerly across East State Street to the northwesterly corner of tax parcel 68-10-1, then continuing in a southerly direction along the westerly boundary of said parcel to its southwest corner; thence continuing in a southeasterly direction along the southerly boundaries of tax parcels 68-10-1 and 68-10-2 to the southeast corner of tax parcel 68-10-2, then continuing in an easterly direction across Ferris Place to the southwesterly corner of tax parcel 68-9-1 and continuing along the southerly boundaries of tax parcels 68-9-1 through 68-9-3 to the southeast corner of said parcel, then continuing northeasterly across South Quarry Street to the northwesterly corner of tax parcel 83-2-1; thence continuing southerly along the westerly boundaries of tax parcels 83-2-1 and 83-2-2; thence continuing in a southeasterly direction along the southerly boundaries of tax parcels 83-2-2 through 83-2-14 to the point of intersection with the southerly boundary of tax parcel 83-2-24.12, then continuing in a southeasterly direction along the southerly boundaries of tax parcels 83-2-24.12, 83-2-16.2, 83-2-17, 83-2-22 and 83-2-21 to the southeasterly corner of tax parcel 83-2-21and its intersection with Valentine Place: thence continuing northeasterly across Valentine Place to the southwesterly corner of tax parcel 89-3-14, then continuing in a northeasterly direction along the westerly boundaries of tax parcels 89-3-14 and 89-3-15 to the southwesterly corner of tax parcel 89-3-1; thence continuing in a southeasterly direction along the southerly boundary of tax parcel 89-3-1 to the southeasterly corner of said parcel; thence continuing in a southerly direction along the westerly boundary of tax parcel 89-3-2 to the southwesterly corner of said parcel; thence continuing in a southeasterly direction along the southerly boundary of 89-3-2 to the southeasterly corner of said parcel; thence continuing in a southerly direction along the westerly boundary of tax parcel 89-3-3 to the southwesterly corner of said parcel; thence continuing in a southeasterly March 5, 2003 10 direction along the southerly boundary of tax parcel 89-3-3 to the southeasterly corner of said parcel; then continuing in a southerly direction along the westerly boundary of tax parcel 89-3-4 to the southwesterly corner of said parcel and continuing along the southerly boundaries of tax parcels 89-3-4 and 89-3-5.1 to the southeasterly corner of said parcel which parcels front on East State Street; thence in a northeasterly direction along the easterly boundary of tax parcel 89-3- 5.1 to its northeasterly corner and its intersection with East State Street; thence westerly along the northerly boundaries of tax parcels 89-3-5.1 through 89-3-1, then continuing northwesterly across Valentine Place and continuing along the northerly boundaries of tax parcels 83-2-19 through 83-2-24.12 to the northwest corner of said parcel; thence northeasterly across East State Street to the southeasterly corner of tax parcel 83-3-6.1; thence continuing easterly across Blair Street to the southwesterly corner of tax parcel 83-4-5; thence continuing northeasterly on Mitchell Street along the southerly (street side) boundaries of tax parcels 83-4-5 and 83-4-4 to the southwesterly corner of tax parcel 83-4-4 and its intersection with College Avenue, then continuing northeasterly across College Avenue to the southwest corner of tax parcel 83-6-3, and continuing easterly following the southerly boundaries of tax parcel 83-6-3 and 83–6-2 to the southwest corner of tax parcel 83-6-2, then continuing easterly across Linden Avenue and along the southerly boundary of tax parcel 84-1-1 to the southeast corner of said parcel; thence continuing northerly along the easterly boundaries of tax parcels 84-1-1 and 67-3-18 to the northwesterly corner of tax parcel 67-3- 4; thence proceeding easterly along the northerly boundary of tax parcel 67-3-4 to the northeasterly corner of said parcel and its intersection with Delaware Avenue; thence continuing northerly along Delaware Avenue following the easterly boundaries of tax parcels 67-3-3 and 67-3-2 to the northeasterly corner of tax parcel 67-3-2 and its intersection with Bryant Avenue, then continuing easterly across Bryant Avenue to the southwest corner of tax parcel 64-8-11 and its intersection with Harvard Place, then continuing easterly along Harvard Place following the southerly boundaries of tax parcels 64-8-11 and 64-8-10 to the southeasterly corner of tax parcel 64-8-9, which parcels front on Harvard Place; thence northerly along the easterly boundaries of tax parcels 64-8-9 and 64-8-5 and its intersection with Dryden Road, then continuing northerly across Dryden Road to the southwesterly corner of tax parcel 64-2-13; thence continuing southeasterly along Dryden Road following the southerly boundary of tax parcel 64-2-13 to its southeasterly corner and its intersection with Elmwood Avenue; thence continuing northerly along Elmwood Avenue following the easterly boundary of tax parcel 64-2-13 to the northeasterly corner of said parcel; thence continuing westerly along the northerly boundary of tax parcel 64-2-13 such that tax parcel 64-2-13 is wholly included in the CPOZ; thence continuing northerly along the easterly boundaries of tax parcels 64-2-14, 64-2-15, and 64-2-8 to the northwesterly corner of 64-2-9; thence continuing easterly along the northerly boundary of tax parcel 64-2-9 to the intersection with Oak Avenue; thence continuing northerly across Oak Avenue, and continuing northerly to its intersection with the center line of Cascadilla Creek; thence continuing westerly along the center line of Cascadilla Creek to the southwest end of the Stewart Avenue bridge, the point and place of beginning. Section 3. 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 4. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously March 5, 2003 11 11.6 An Ordinance to Amend Chapter 276 Entitled “Site Plan Review” of the City of Ithaca Municipal Code By Alderperson Hershey: Seconded by Alderperson Blumenthal ORDINANCE NO. 03- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 276-7 entitled “Project Review Criteria”; Subsection (A)(3)(b) is hereby amended to read as follows: (b) The proper and effective use of landscape architectural elements such as plantings, land forms, water features, paving, lighting, including the location and appearance of proposed signage. [etc.] Section 2: This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Discussion followed on the floor regarding the addition of the following language: Amendment: By Alderperson Blumenthal: Seconded by Alderperson Whitmore RESOLVED, That the following language be added to the Ordinance amending Section 276-7 by creating a new subsection (A)(3)(e) to read as follows: “(e) The integration of works of art on the site where appropriate and possible.” Carried Unanimously Discussion followed on the floor regarding the need for amending language regarding the screening of dumpsters. Motion to Table: By Alderperson Whitmore: Seconded by Alderperson Manos RESOVLED, That this item be tabled pending further information. Carried Unanimously City Attorney Norma Schwab reviewed the definition of dumpster in the Exterior Property Maintenance Ordinance. Motion to Remove from the Table: By Alderperson Cogan: Seconded by Alderperson Mack RESOLVED, That this item be removed from the table for further consideration. Carried Unanimously Amendment: By Alderperson Blumenthal: Seconded by Alderperson Mack RESOLVED, That the following language replace Section 276-7 (A)(12): “For new construction of multiple dwellings, commercial buildings and office buildings, adequate and appropriately located facilities for the storage and collection of solid waste and recyclable materials shall be required. Developers of new commercial and mixed-occupancy buildings must design a waste management system that can support the needs of any allowable use in the building, including those uses that could result in maximum garbage generation. Screening of these facilities, as well as other actions relating to the appearance of the facilities, may be required in accordance with the Exterior Property Maintenance Ordinance, Chapter 178 of the City of Ithaca Municipal Code.” Carried Unanimously March 5, 2003 12 A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 12. BUDGET AND ADMINISTRATION COMMITTEE: 12.1 City Controller – Approve 2002 Allocation from Health Insurance Reserve - Resolution By Alderperson Manos: Seconded by Alderperson Whitmore WHEREAS, the City’s overall health insurance costs have been increasing at least 15 percent annually for the past four years, and WHEREAS, the City established a Health Insurance Reserve in 1989 to assist the City’s budget when health insurance costs exceeded budget estimates, and WHEREAS, the current balance in the City’s Health Insurance Reserve is $1,604,221, and WHEREAS, the 2002 Health Insurance costs for all funds exceeded the 2002 budget estimates for all funds by $382,419, and WHEREAS, the City’s 2002 General Fund Budget does not have the needed flexibility to cover all of the $319,583 General Fund portion of the Health Insurance budget overage; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Controller’s Office to amend the 2002 budget for the General Fund by an amount not to exceed $175,000, which will be allocated from the Health Insurance Reserve established for said purpose, and be it further RESOLVED, That the Controller’s Office shall make all appropriate accounting adjustments to reflect the Health Insurance Reserve allocation as follows: General Fund $175,000 City Controller Thayer reported on the current status of the Reserve and the past uses of it. A vote on the Resolution resulted as follows: Carried Unanimously 12.2 An Ordinance amending Article II, entitled “Telecommunications Ordinance” of Chapter 152 of the Code of the City of Ithaca, entitled “Communications Technology.” By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, at a regularly scheduled meeting held on November 6, 2002, Common Council promulgated a Telecommunications Ordinance, and WHEREAS, said Telecommunications Ordinance provides for the regulation of the City’s Rights-of-Way by, amongst other provisions, requiring a Telecommunications System providing Long Distance Network Service and/or Private Service to pay an annual Linear Foot Fee for use of the Public Right-of- Way, and WHEREAS, said provision did not delineate between the installation of overhead cable and the installation of underground conduit and/or cable, and WHEREAS, it would be in the best interests of the City to make such a delineation, NOW THEREFORE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: March 5, 2003 13 ORDINANCE 2003- ____ Section 1: Section 152-34.E(1)(b) of the Code of the city of Ithaca shall be amended as follows: E. FRANCHISE FEES AND IN-KIND COMPENSATION. 1. Franchise Fee and Linear Foot Fee. (b) As compensation for the use of the Public Right-of- Way for a Telecommunications System solely providing Long Distance Network Service and/or Private Service, Franchisee shall pay to the City a Linear Foot Fee of one dollar and fifty cents ($1.50) ($1.00) per linear foot of aerial cable installed in the of Public Right-of-Way for the Aerial Facilities and shall pay to the City a Linear Foot Fee of four dollars ($4.00) per linear foot of underground (standard 4 inch) conduit or cable installed in the Public Right-of-Way for the Facilities annually during the period of its operation under the Franchise for the first three (3) years of the Franchise. Thereafter, the Franchisee shall pay the fee of $1.50 $1.00 per linear foot of aerial installation or $4.00 dollars per linear foot of underground installation, plus an annual increase for inflation. Such inflation increase shall be based upon the regional Consumer Price Index (CPI) published by the U.S. Department of Commerce for those years. Section 2. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. 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. Carried Unanimously 12.3 Resolution Approving Funding to Draft Joint Interceptor Agreement By Alderperson Manos: Seconded by Alderperson Cogan WHEREAS, the City has been negotiating with the Town of Ithaca to resolve outstanding issues relating to the construction and ownership of jointly owned interceptors, and WHEREAS, THE city and the Town of Ithaca have come to agreement on many of the main points necessary to resolve these outstanding issues, and WHEREAS, these points are outlined in a draft Memorandum of Understanding between the City and Town of Ithaca, dated February 19, 2003, and WHEREAS, the City and Town of Ithaca agreed to retain Susan Brock to prepare a joint interceptor agreement based on this draft MOU, with the costs to be shared equally between the City and the Town, and WHEREAS, Susan Brock has estimated that it would cost no more than $3,500 to prepare such an agreement; now, therefore be it RESOLVED, That the Mayor be hereby authorized and directed to enter into a contract with Susan Brock, Esq. of Ithaca, NY at a cost not to exceed $1,750 to draft a joint interceptor agreement between the City and the Town of Ithaca, and, be it further RESOLVED, That the funds needed for said contract shall be derived from Account Number G8151-5430. March 5, 2003 14 Alderperson Cogan gave a brief history of the negotiations with the Town of Ithaca regarding sewer issues. Carried Unanimously NEW BUSINESS: Motion to Enter into Executive Session: By Alderperson Mack: Seconded by Alderperson Whitmore RESOLVED, That Common Council adjourn into Executive Session to discuss property acquisition and the employment history of an individual. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. Personnel – Appointment of Chief of Police: By Alderperson Peterson: Seconded by Alderperson Manos RESOLVED, That Victor Loo be and hereby is appointed to the position of Chief of Police, effective April 14, 2003 at an annual salary of $76,917, and, be it further RESOLVED, That upon his appointment, Mr. Loo will earn annual leave at 20 hours per month, and, be it further RESOLVED, That Common Council hereby authorizes the payment of $7,500 for relocation expenses for the newly appointed Police Chief, and, be it further RESOLVED, That funds for said relocation expenses be derived from the existing 2003 Police Department authorized budget. Carried Unanimously REPORT OF COUNCIL LIAISONS: Board of Public Works: Alderperson Hershey reported that the Board of Public Works considered designs for W. Spencer Street and the intersection of W. Spencer, S. Albany Streets and the Old Elmira Road, along with alternative parking areas. They selected a variation of Option B that includes the narrowing of the road in front of the Loh property and a traffic circle for the intersection. The Board also discussed elements that are not part of the project including additional parking on the east side of Spencer Street and a new parking lot at 402 S. Cayuga Street. Staff is currently requesting drawings and cost estimates, and this information will be forwarded to Common Council. Alderperson Pryor reported that the Disability Advisory Council is not supportive of the traffic circle option for the intersection as traffic circles are the least accessible for people with disabilities due to the lack of traffic control signals. APPROVAL OF MINUTES: Approval of January 29, 2003 Continuation of January 15, 2003 Regular Common Council Meeting Minutes By Alderperson Mack: Seconded by Alderperson Peterson RESOLVED, That the January 29, 2003 Continuation of January 15, 2003 Regular Common Council Meeting Minutes be approved as corrected. Carried Unanimously March 5, 2003 15 Approval of February 5, 2003 Regular Common Council Meeting Minutes By Alderperson Mack: Seconded by Alderperson Peterson RESOLVED, That the February 5, 2003 Regular Common Council Meeting Minutes be approved as corrected. Carried Unanimously Approval of February 6, 2003 Continuation of February 5, 2003 Regular Common Council Meeting Minutes By Alderperson Mack: Seconded by Alderperson Peterson RESOLVED, That the February 6, 2003 Continuation of the February 5, 2003 Regular Common Council Meeting Minutes be approved as published. Carried Unanimously MAYOR’S APPOINTMENTS: Mayor Cohen stated that he is preparing to make numerous appointments at the April, 2003 meeting and asked Common Council members to forward names of people who may be interested in serving on committees. City Clerk Holcomb noted that committee vacancies have been posted to the City’s website. Alderperson Peterson requested that a Public Service Announcement be prepared and distributed to the media as well. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Mack reported that March 30, 2003 is Collegetown Clean-up Day. People interested in helping out can report to the #9 Fire Station at 10:00 am. Alderperson Whitmore reported that the 2nd Ward will be holding a neighborhood meeting on March 13, 2003 at 7:30 pm at the Henry St. John Building (downstairs Community Room). Topics to be discussed include the Cayuga Green Project and its impact on surrounding neighborhoods. Alderperson Peterson reported that there will be a City employee forum with the Mayor on March 6, 2003, between 12:00 – 2:00 pm. She encouraged members of Council to attend. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen reported that the Collegetown Neighborhood Council is interested in establishing an “Adopt a block” initiative. He asked Council to forward any feedback to him. The Industrial Development Agency (IDA) will vote in early April on the Cayuga Green Project. The Mayor is currently interviewing the top three candidates for the Youth Bureau Director position. The energy consortium is researching wind power; he will forward information as it becomes available. Mayor Cohen gave a brief update on the pension contribution issue. It appears that the State may approve a system that will spread the increased costs over several years. The City’s 2003 budget should not be impacted at this point. REPORT OF THE CITY CLERK: City Clerk Conley Holcomb reminded Council members of their duty to appoint two members to the Local Advisory Board of Assessment Review at the April, 2003 Council meeting. March 5, 2003 16 She further reviewed proposed polling location changes due to the recent redistricting and requested that the representatives from the 1st and 2nd Wards meet with her to discuss this issue further. REPORT OF THE CITY ATTORNEY: City Attorney Schwab reported that Widewaters has allowed their appeal timeline to elapse on the 5,000 square foot minimum lot size lawsuit. She further discussed changes to the FOIL procedure that are being implemented by the Attorney’s Office and City Clerk’s Office that were designed to improve access to public records, and reduce the amount of time it takes to fill requests. ADJOURNMENT: On a motion the meeting adjourned at 9:40 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor