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HomeMy WebLinkAboutMN-CC-1980-10-01Regular Meeting PRESENT: Mayor - Bordoni Aldermen (10) - COMMON COUNCIL PROCEEDINGS City of Ithaca, New York 7:30 P.M. I �)1' ) October 1, 1980 Banfield, Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Nichols, Saccucci, Schuler, Slattery OTHERS PRESENT: Personnel Administrator - Collins City Attorney - Shapiro Building Commissioner - Hoard (400" City Chamberlain - Wright Supt. of Public {Yorks - Dingman Director, Planning & Development - Van Cort Police Chief - Herson City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayor Bor oni red all present in the Pledge of Allegiance to the American flag. t MINUTES: By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the Minutes of the September 3, 1980, September 11, 1980 and September 16, 1980 meetings be approved as published. i Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing—Amending Zoning Code to add a New Use District - 400 block of North Tioga Street Resolution To Open Public Hearing By Alderman Slattery: econ e y Alderman Saccucci RESOLVED, That the Public Hearing to consider amending the zoning code to add a new Use District - 400 block of North Tioga Street, be opened. Carried Unanimously Resolution By Alderman Slattery: Seconded by Alderman Boronkay ORDINANCE NO. 80 -11 AN ORDINANCE AMENDING THE ZONING MAP AND CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING ZONING MAP "1. That the "Official Zoning Map of the City of Ithaca, New York" as last amended is hereby amended and changed so that the following described area presently located in the R 3a Residential District is reclassified to the C -SU, Courthouse Special Use District: All that tract or parcel of land situate in the City of Ithaca, County of Tompkins and State of New York, consisting of all those parcels of land having street frontage on either side of the four hundred (400) block of North Tioga Street between East Court Street on the south and Cascadilla Avenue on the north, and bounded on the east and west by the rear property lines of such parcels, or by a (Mmo,� line one hundred thirty -two (132) feet from the right -of -way line of North Tioga Street, whichever is less. "2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said Zoning Map. SECTION 2. AMENDING TIIE DISTRICT REGULATIONS CHART AS SET FORTH IN SECTION 30.25 ENTITLED "DISTRICT REGULATIONS" OF SAID ZONING ORDINANCE. That the District Regulations Chart as set forth in Section 30.25 entit=led "District Regulations" is hereby amended to add a new use district to be entitled "Courthouse Special Use District" with the following additions under the indicated colums of said Chart. 130 -2- October 1, 1980 Column Additional Regulations Hereby Added 1 Courthouse Special Use C -SU) 2 Any use permitted in R -3, plus professional offices of architect, engineer, lawyer, realtor, accountant, planning management, design and financial consultants; and similar. occupations whose business is based on the provision of written, verbal. or graphic materials to clients. *See Section 30.59, Design Review and Section 30.60, Courthouse Special Use Zone. 3 Any accessory use permitted in R -3 *See Section 30.59, Design Review and Section 30.60, Courthouse Special Use Zone. 4 Same as R -3, plus professional office: 1 space per 500 SF of office floor 5 None 6 Same as R -3b 7 Same as R- 3b 8 2 9 30 10 400 11 10 12 10 13 5 14 200 15 25 SECTION 3. AMENDING SECTION 30.59 ENTITLED "DESIGN REVIEW BOARD" OF SAID ZONING ORDINANCE "1. That Section 30.59 entitled "Design Review Board" is hereby amended as follows: a) That all references therein to "B -lb and B -2b" are revised to read "B -lb, B -2b, and C -SU." b) That a new subdivision under subparagraph D of said Section entitled "Applicability," to be numbered "6" is hereby added to read as follows: 6. Notwithstanding other provisions of this Section and Chapter, demolition of structures within the Courthouse Special Use (C -SU) zone, shall require the approval of the Design Review Board or the Ithaca Landmarks Preserva- tion Commission, as appropriate. (See 930.60, Courthouse Special Use Zone.)" SECTION 4. ADDING A. NEW SECTION TO BE NUMBERED SECTION 30.60 AND ENTITLED "COURTHOUSE SPECIAL USE ZONE" TO SAID CHAPTER 30 "1. That a new section to be numbered Section 30.60 and entitled "Courthouse Special Use Zone" and to follow Section 30.59 is hereby added to read as follows: a) This Section establishes land use and control measures that will permit certain non - residential uses to be established as of right in an area of the City adjacent to the County Courthouse which was originally developed in residential. use but which, through subsequent intensification of use and development, and the zoning of adjacent areas for non -resi- dential uses, has become a transitional area of mixed use. It is further the purpose of this Section to limit applica- tion of this zoning classification to the area described in subsection "C" below as the only area of the City to which such classification is appropriate, by reason of its special nature and location. b) It is the intent of this Section to control the process of transition from residential to non- residential. uses within the Courthouse Special Use district, so that changes in the -3- October 1, 19V 1 residential character of the district and adjacent residential areas are strictly limited, and negative effects of non- residential use are avoided. It is more specifically intended to minimize the amount of physical change resulting from transition in property use, as provided in subsection D below. c) The Courthouse Special Use Zone consists of those parcels of land having street frontage on either side of the four hundred (400) block of North Tioga Street between East Court Street on the south and Cascadilla Avenue on the north, and bounded on the east and west by the rear property lines of such parcels, or by a line one hundred thirty -two (132) feet from the right- (awol line of North Tioga Street, whichever is less. d) Demolition, exterior alterations or additions to existing structures and parking areas and construction of new buildings or parking areas within the C -SU zone shall be subject to strict review and approval by the Design Review Board and Ithaca Landmarks Preservation Commission within their respective areas of responsibility (see subsection E below and 830.59, Design Review). Proposals for demolition of structures within the C -SU zone, but outside designated City landmark districts shall nonetheless be referred to the Landmarks Commission which shall make its recommendation to the Design Review Board before €� the latter takes final action. e) Demolition, exterior alteration or enlargement of structures or parking areas, or construction of new buildings or parking areas in C -SU zones shall be subject to design review as provided in Section 30.59 of this ordinance. In performing such review and recommending any modifications to proposed exterior work, the Design Review Board shall pay particular attention to the visual effect of such work on the character of the area and adjacent residential zones. In no case shall the Design Review Board take final action on a proposal for demolition within any part ' of the C -SU zone which is not within a locally designated Land- mark District before receiving the recommendation of the Landmarks Commission on such proposal. Approval of proposed demolitions, alterations or new construction within the C -SU zone by the Design Review Board or the Landmarks Commission, as applicable, shall be a prerequisite of approval of such proposals by the Building Commissioner and the Board of Zoning Appeals, as appropriate. SECTION 5. AMENDING SECTION 30.21 ENTITLED "ESTABLISHMENT OF ZONING DISTRICTS" OF SAID CHAPTER 30 That a new district is to be added to the end of the list in Section 30.21 entitled "Establishment of Zoning Districts" to read as follows: "C -SU Courthouse Special Use (see 530.60)." SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with lbw a on ublication of'a notice as provided in 53.11(B) of the Ithaca City har er. The following members of the public spoke to the Council in opposition to the creation of a new Use District: Michael Herschensohn, 334 S. Geneva Street Roger Reed, 111 Cascadilla Avenue Donald Lifton, member Ithaca Landmarks Preservation Commission George Rolleston, 422 N. Cayuga Street The following persons spoke to the Council in favor of the creation of a new Use District: Roger Sovocool, property owner in area to be rezoned Elva IIolman, representing the RIBA, and referring to a letter from them Dr. Robert Baker, Tioga Building Dr. Ralph Baldini, owner of property at 415 N. Tioga Street :'2! 13<`, -4- October 1, 1980 Will Burbank, 222 Utica Street, Chairman, Conservation Advisory Commission, spoke to the Council, referring to a letter from the Commission, urging the Council to comply with SEQR on this proposed change, requesting an Environmental Assessment Form for the proposed zoning change. Mayor Bordoni read the following letter from historic Ithaca: "September 30, 1980 Hon. Ray Bordoni Mayor, City of Ithaca Dear Ray: At our board meeting on September 11, the board of Historic Ithaca voted unanimously to voice its objections to rezoning the block of N. Tioga St. from Court St. to Farm St. Several years ago when the re- zoning was discussed at that time, we also voiced our objections. Basically we support the reasoning.of the Ithaca Landmarks Preservation Commission and other organizations who oppose the rezoning. The office development especially with the Ithaca Center should be in the center city direction and not stretched out into a lovely residential area. If you wonder about the attraction of the center city area for lawyers as opposed to the location closer to the Court House, I can give you some very good statistics. We have 18 lawyers in this building. The block which is being considered for special use zoning contains some of the finest residential buildings in the city. They represent the architectural time line which remains of the growth of the city during the 19th century. We need downtown housing with character which these buildings provide. Please convey to Common Council, Historic Ithaca's opposition to the rezoning of this block of N. Tioga St. Thank you very much. _J Sincerely yours, Carol U. Sisler, Director" Mayor Bordoni read the following resolution from the Board of Planning and Development: "RESOLUTION OF BOARD OF PLANNING F, DEVELOPMENT CONCERNING PROPOSED SPECIAL -USE ZONE - 30 SEPTEMBER, 1980 By Ms. Cummings: Seconded by Mr. Holmes WHEREAS, a proposal is now under consideration to establish a Special Use Zone in the 400 block of N. Tioga St., and WHEREAS, the Board of Planning and Development has previously reviewed and recommended against other proposals to rezone the area in question for non - residential use, it is RESOLVED, That the Board of Planning and Development remains strongly opposed to the rezoning of the area to permit non - residential uses, and that we also object to attempts to redraw the boundaries of the proposed zone in such a way as to permit the intrusion of commercial uses-into. frontsge on Sears St. as well. _ and it is - FURTHER RESOLVED, That this Board feels that while Special Use Zonint an acceptable method of zoning which can be a valuable tool. used by t City to encourage desirable and beneficial uses of land, it is not the appropriate mechanism in this instance, because no such public purpose is served, and it is FUR'T'HER RESOLVED, That this Board recommends to the Common Council of the City of Ithaca that the proposed Special Use Zone not be enacted, for reasons stated in this Board's previous recommendations on N. Tioga Street rezoning, as follow: 1) While the proposed Special Use Zone would not establish an automatic precedent which could be followed by persons seeking more intensive development in other areas of the City, it nevertheless does present an alternative mechanism which could pNJ t� -5- be followed in such cases; October 1 , 198p `3 2) While it might produce a less intense immediate impact in the Tioga Street area, it would on the other hand set the stage for longer -term, broader impacts. It would tend to blur the boundaries between residential and commercial uses, and would increase pressures for change in bordering residential areas; the balance would always be tilted toward commercial use; 3) It would produce a loss of residential units despite the fact that our community suffers from a critical housing shortage; and 4) It would soften the commercial marketability of other projects already in progress in areas more appropriate for commercial development." Mayor Bordoni commented that the preceding letter does not address the issue correctly and was apparently drafted prior to the exclusion of the rear property line to Sears Street. Alderman Dennis arrived at the meeting at 8:27 p.m. Resolution To Close Public Hearing By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the Public Hearing to consider amending the zoning code to add a new Use District - 400 block of North Tioga Street, be closed. Carried Unanimously Discussion followed on the floor. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Banfield Aye Slattery Aye Gutenberger Aye Saccucci. Aye Boronkay Aye Nichols Nay Holman Aye Schuler Nay Boothroyd Aye Dennis Nay Ayes - (7) Nays - ( 3) Carried MAYOR'S APPOINTMENTS: Youth Bureau A visory Board Mayor Bor oni requested approval of the appointment of Robert Saulsbury, 128 Esty Street, to the Youth Bureau Advisory Board for a term to expire December 31, 1982. Resolution I3y Alderman Nichols: Seconded by Alderman Slattery RESOLVED, That the Council approves the appointment of Robert Sauls- bury, 128 ESty Street, to the Youth Bureau Advisory Board for a term to expire December 31, 1982. Carried Unanimously Mr. Saulsbury took the Oath of OfFice and was sworn in by the City Clerk. Community [Development] Advisory Committee Mayor Bor oni requested approval of the appointment of the following persons to the Community Advisory Committee: Argin Hutchins, 104 Fayette Street; William Kiernan, 409 S. Albany Street; Angelo DiGiacomo, 326 IVinthrop Drive; and Martin IV. Sampson, Jr., 107 Ridgedale Drive. Resolution By Al erman Boothroyd: Seconded by Alderman Banfield RESOLVED, That the Council approves the appointment of the following persons to the Community Advisory Committee: Argin Hutchins, 104 Fayette Street; William Kiernan, 401) S. Albany Street; Angelo DiGiacomo, 326 Winthrop Drive; and Martiii IV. Sampson, Jr. , 107 Ridgedale Drive. Carried Unanimously 134 -6- October 1, 1980 Intermunicipal Sewer System Planning Committee Mayor Bordoni appointed Mr. Jack Kiely, 103 Harvard Place, as the City's representative on the Intermunicipal Sewer System Planning Committee to fill the vacancy created by the resignation of Robert Allan. SPECIAL ORDER OF BUSINESS: Public Hearing -- -Amen ing Zoning Ma Resolution To Open Public Hearing By Alderman Boothroy : Seconded b RESOLVED, That the Public Hearing Former East Hill School Property, - Former East Hill School. Pronert y Alderman Slattery to consider Amending the Zoning Map be opened. Carried Unanimously Resolution By Alderman Slattery: Seconded by Alderman Nichols ORDINANCE NO. 80 -12 AN ORDINANCE AMENDING THE ZONING MAP OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council. of the City of Ithaca, New York, as follows: SECTION 1. AMENDING ZONING MAP D "1. That the "Official Zoning Map of the City of Ithaca, New York" as last amended is hereby amended and changed so that the following described area presently located in a P -1 Public Use District is reclassified and changed to the R -3a Residential District in conformity with adjoining properties in the same block: All that tract or parcel of land bounded on the west by the center line of Stewart Avenue and on the east by the center line of North Quarry Street and comprising the grounds and building of the former East Hill School. "2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said Zoning Map. SECTION 2. EFFECTIVE DA'Z'E. This ordinance shall take effect law upon publication of a notice as City Charter. immediately and in accordance with provided in 83.11(B) of the Ithaca No one appeared to speak to the hearing. Resolution To Close Public Hearing By Alderman Boothroy : Seconded by Alderman Slattery RESOLVED, That the Public Rearing to consider Amending the Zoning Map - Former East Hill School Property, be closed. Carried Unanimously Alderman Nichols commented that the Planning Board unanimously favor the resolution. A vote on the resolution resulted as follows: Carried Unanimously Public Hearing -- Amending Zoning Code to add Use Permits for construct of towers, windmills, etc. Tabling Resolution By Alderman Slattery: Seconded by Alderman Boothroyd RESOLVED, That the proposed amendment be tabled and the Public Hearing postponed until a future date due to additional information which must be reviewed by the Charter and Ordinance Committee and Planning and Development Board. Carried Unanimously -7- October 1, 198N i� PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Request to purchase railroad bed of Brindley Street between Buffalo and Seneca Streets for improving traffic patterns at a new carwash enterprise Attorney James Kerrigan addressed the Council on behalf of Pete Zahnris regarding the purchase of city -Owned land in the road bed of Brindley Street. IIe requested that: a) the land be put in public market and auctioned in accordance with the law, or b) let his client pave the city land and park on it, or c) send it back to the committee and allow him to describe to the committee what they want to do, if this is appropriate. Discussion followed on the floor. Resolution By Alderman Slattery: Seconded by Alderman Banfield RESOLVED, That the request to purchase railroad bed of Brindley Street between Buffalo and Seneca Streets be referred to the Board of Public Works and Planning and Development Board for recommendation to the j Council. a` Carried Unanimously d. CITY ATTORNEY'S REPORT: At the request of Mayor Bordoni' City Attorney Shapiro explained the procedure which should be followed in making changes in local laws and ordinances. In regard to local laws, or any ordinances changes, the changes should originate in the appropriate committee which then recommends to the Charter and Ordinance Committee. The Charter and Ordinance Committee takes care of putting proposed changes into the proper form and sees that all procedures have been followed. It then presents the proposed change to the Council for action. City Attorney Shapiro commented that he will be glad to write the changes in their proper form if the committee wishes. City Attorney Shapiro explained that in the Code Book, under Forms, there.are forms to be used, and by so doing the changes can be enacted in the proper manner. Municipal Consultants have requested that the forms be used. PLANNING AND DEVELOPMENT COMMITTEE: "Park and Ride" Program By Alderman Nichols: Seconded by Alderman Schuler A Resolution Requesting Exploration of Participation by the City of Ithaca in a "Park and Ride" Program To:Encourage Energy Conservation and Shared Transportation WHEREAS, the Tompkins County Board of Representatives approved a Park and Ride Lot Program as part of a comprehensive approach to transporta- tion services, and WHEREAS, Tompkins County has offered to provide signs upon request and to assist in obtaining 50 percent reimbursement of added liability insurance costs, and WHEREAS, preliminary discussions have mentioned extending Ithaca Transit bus routes to provide transportation services to possible Park and Ride lots; NOW, THEREFORE, BE IT RESOLVED, That the Department of Planning and Development is hereby requested to provide information concerning pos- sible involvement of the City of Ithaca in the Park and Ride Lot program and recommendations concerning possible sites for such parking lots to the Common Council. during the month of October 1.980. Carried Unanimously 131), -8- October 1, 1980 .Bypass Route for Heavy 'Trucks Now Using State Route 79 Through City_ By Alderman Nichols: Seconded by Alderman Schuler A Resolution Supporting the Petition of Neighborhood Civic Associations to the New York Department of Transportation To Develop a Bypass Route for Heavy Trucks Now Using State Route 79 Through the City of Ithaca. WHEREAS, the volume of heavy truck traffic on Route 79 has led to very legitimate safety and environmental fears of Ithaca residents, and. WHEREAS, more than fifteen hundred residents have signed a. petition sponsored by six civic groups naming two potential alternate routes and urging the New York State Department of Transportation to move speedily to develop the best such alternate route, and WHEREAS, the New York State Department of Transportation has acknowledged in a letter to Ithaca Neighborhood Housing Services that it is aware of the problem and will take residents' concerns into account in any decisions it makes; NOM, THEREFORE, BE IT RESOLVED, That the Ithaca Common Council hereby endorses the petition of the neighborhood civic groups, and BE IT FURTHER RESOLVED, That the Common Council requests the Department of Planning and Development to pursue diligently, in cooperation with the appropriate state, county, town, and city officials, the search for and development of an alternate route that will enable the State of New York to ban trucks whose maximum gross loaded weight is ten tons from Route 79 within the corporate limits of the City of Ithaca except for local deliveries. Alderman Slattery requested that the resolution be amended to include Route 96; however, it was pointed out that the resolution was in response to a petition of persons concerned with Route 79 specifically. Joe Leeming, representing the East Hill Civic Association, suggested that Alderman Slattery take his own petition to Charter and Ordinancc Committee. A vote on the resolution resulted as follows: Carried Unanimously Use and Scheduling of Common Council Chambers By Alderman Nichols: Seconded by Alderman Schuler A Resolution Regulating the Use of Common Council Chambers and the Procedure for Reserving the Use of City Hall Facilities WHEREAS, Many regular and special meetings of Common Council., the Board of Public Works, the Board of Planning and Development, the Commission on Conservation of the Environment, the Board of Zoning Appeals, and numerous other official boards and committees of the City of Ithaca are held every month, and WHEREAS, the costs of heating, lighting, and janitorial facilities for Council Chambers are an expense shared by all City taxpayers, and WHEREAS, it is convenient and appropriate for official boards and committees of the City of Ithaca to hold their meetings in City Hall; NOW, THEREFORE, BE IT RESOLVED, That the City Clerk or a staff member assigned by him shall maintain the official calendar of meetings and schedule the use of Council Chambers for all regular and special meetings of official City of Ithaca boards and commissions and of any State, County, and intergovernmental units wishing to meet in Council chambers, and BE IT FURTHER RESOLVED, That the Mayor is empowered to grant the use of Council Chambers to nongovernmental groups on an ad hoc basis, provided that the Council Chambers are not reserved for an official braiich of City government, and with the clear understanding that the permission to use Council Chambers may be revoked upon forty -eight (48) hours' written notice if an official City meeting requires their use, and -9- October 1, 198I0 j BE IT FURTHER RESOLVED, That no meetings shall be scheduled in Common Council Chambers from the close of business on Friday until the reopening on Monday morning. Discussion followed on the floor. `fabling Resolution By Alderman Slattery: Seconded by Alderman Nichols RESOLVED, the resolution be tabled, and the issue be referred to the Charter and Ordinance Committee. Carried Unanimously State Department of Transportation Revised Plans for Route 96 By Alderman Nichols: Seconded by Alder-man Schuler WHEREAS, serious traffic and safety problems have continued for many years in the West End of the City of Ithaca because of the intersection of various city streets and state highways at a single crossing known locally as "the Octopus," and WHEREAS, the Common Council designated a corridor for a proposed re- building of New York Highway 96 that is intended to alleviate the pressure and delays of the existing highway, and ,j WHEREAS, the Common Council has discussed various proposals, alterna- tives, and design schemes offered by representatives of the New York State Department of Transportation and made comments and suggestions, and WHEREAS, during the month of September new plans were received and studied by the Special Route 96 Design. Committee and rejected by them in a 4 -1 vote; NOW, THEREFORE, BE IT RESOLVED, That the Common Council hereby requests (t a full -scale presentation of the current plans offered by the New York State Department of Transportation for the rebuilding of State Highway 96 within the City of Ithaca, including projected dates of construction, areas under consideration for condemnation, if any, and all other pertinent data so that the elected representatives of the City of Ithaca can make an official determination of whether or not to accept the pro- posed Route 96 alternatives, and BE IT FURTHER RESOLVED, That the Mayor is requested to set up such an informational meeting no later than October 15, 1980. Substitute Resolution By Alderman Slattery: Seconded by Alderman Saccucci WHEREAS, serious traffic and safety problems have continued for many years in the West End of the City of Ithaca because of the intersection of various city streets and state highways at a single crossing known locally as "the Octopus," and WHEREAS, the Common Council designated a corridor for a proposed re- building of New York State Highway 96 that is intended to alleviate the pressure and delays of the existing highway, and IVIIEREAS, the Common Council has discussed various proposals, alterna- tives, and design schemes offered by representatives of the New York State Department of Transportation and made comments and suggestions, and WHEREAS, new plaits were received by the City in the last month; NOW, THCREFORE, BE IT RESOLVED, That the Common Council recognizes that the staging of the urban portion of a Route 96 solution with a railroad overpass is not in the best interests of the community, and BE IT FURTHER RESOLVED, That the Common Council hereby indicate a preference for a single -phase version of the Mod 3 U -7 scheme, or the Court Street scheme, or the City Alternative scheme, scale down the urban route to the two 1a11es in providin,(; for an overpass of the railroad tracks and flood relief channel as soon as possible and further recommends that the continuance of park road be included 13 (8 -10- October 11 1980 and that the impact of the plans on city streets which are likely to be affected be studied and measured to mitigate these impacts and be presented, and BE IT FURTHER RESOLVED, That the project be moved to the design hearing stage as soon as possible. The following persons addressed the Council, speaking in favor of grade separation or overpass of the railroad tracks and flood relief channel Fire Chief Charles Tuckerman Police Chief James Herson Ronald Ronsvalle, 628 Coddington Road, Ithaca, N.Y. Richard Greenberg, Attorney, Newfield, N.Y. Philip Munson, Town of Lansing Paul Welch, 120 Lansingville Road, Lansing, N.Y. Thomas Holtham, 4S Jersey Hill Road, Danby, N.Y. Dr. Reuben Weiner, 1301 Trumansburg Road, Ithaca, N.Y. The following persons addressed the Council, stating they believe a reasonable compromise can be found to suit the needs of the community which are access to the hospital, improvement of the Octopus and access to West Hill and beyond. In regard to the railroad they recommend returning to an alternate proposed years ago: emergency medical care system, improvement to tracks, railroad gate crossings, strict enforcement of existing laws and preemptive signalling system: Donald Enichen, 1193 East Shore Drive, Ithaca, N.Y. Andrew Yale, 607 N. Tioga Street, Ithaca, N.Y. Discussion followed on the floor. The Council recessed at 11:00 p.m. The Council reconvened in Regular session at 11:15 p.m. On the basis of the discussion, Alderman Nichols amended the main resolution as follows: the addition of "by officials of the New York State Department of Transportation" following'presentatiofl in second line of the resolution (paragraph five) the addition of "any available information concerning" following 'tronstruction" in fourth line of the resolution (paragraph rive) and the substitution of "as quickly as possible" for "no later than October 1S, 1980" in last line of the resolution. Alderman Schuler agreed to Alderman Nichols' amendments. The main resolution, as amended, was presented to Council as follows: WHEREAS, serious traffic and safety problems have continued for many years in the West End of the City of Ithaca because of the intersection of various city streets and state highways at a single crossing known locally as "the octopus," and WHEREAS, the Common Council designated a corridor for a proposed re building of New York Highway 96 that is intended to alleviate the pressure and delays of the existing highway, and WHEREAS, the-Common Council has discussed various proposals, alterna- tives, and design schemes offered by representatives of the New York State Department of Transportation and made comments and suggestions, and WHEREAS, during ..the month of September new plans were received and studied by the Special Route 96 Design Committee and rejected by them in a 4 -1 vote, -11- October 1, 1986:11.) NOW, THEREFORE, BE IT RESOLVED, That the Common Council hereby requests a full -scale presentation by officials of the New York State Department of Transportation of the current plans offered by the New York State Department of Transportation for the rebuilding of State Highway 96 within the City of Ithaca, including projected dates of construction, any available information concerning areas under consideration for condemnation, if any, and all other pertinent data so that the elected representatives of the City of Ithaca can make an official determina- tion of whether or not to accept the proposed Route 96 alternatives, and BE IT FURTHER RESOLVED, That the Mayor is requested to set up such an informational meeting as quickly as possible. The question of the adoption of the main resolution as amended was duly put to a vote on roll call, which resulted as follows: Boothroyd Aye Schuler Aye Slattery Aye Nichols Aye Boronkay Aye Dennis Aye Saccucci Aye Gutenberger Aye Banfield Aye Holman Aye Ayes - (10) Carried Unanimously Alderman Slattery indicated that he would hold his substitute resolu- tion in abeyance until after the Council and officials of the New York State Department of Transportation have met. Request from 'local citizen wishing to purchase .'road bed ,of -Brindley Street 4etween-Buffalo and Seneca treets or improving tra lc patterns at a :new carwash enterprise — By Alderman Nichols: Seconded by Alderman Schuler. WHEREAS, the Superintendent of Public {Yorks has forwarded to the Common Council a letter from an individual interested in purchasing presently (wove, unused city -owned land in the road bed of Brindley Street between Buffalo and Seneca Streets, and WHEREAS, the Common Council is awaiting information concerning proposals by the New York State Department of Transportation to rebuild State Highway 96 inside the City of Ithaca in the vicinity of the land under discussion, and WHEREAS, the Board of Public Works has not taken any action to declare this property excess and not needed by the City of Ithaca for present or future use; NOW, THEREFORE, BE IT RESOLVED, That the Common Council refers this entire matter to the Board of Public Works and the Planning staff. Discussion followed on the Floor. The Council agreed this matter had been taken care of previously in the meeting. Aldermen Nichols and Schuler withdrew their resolution. BUDGET AND ADMINISTRATION COMMITTEE: Finance e partment acancies Ry A— 1 e man Guten erger: Seconded by Alderman S ,)ccucci RESOLVED, That the Finance Department be authorized to fill two (2) vacancies that no►v exist, one (1) in the City Clerk's Office due to a transfer, and one (1) in the City Chamberlain's Office due to a resignation; these vacancies to be filled in accordance with Civil Service Regulations Carried Unanimously Waiver of Penalties I;y Al-- c'erman ,uten )erger: Seconded by Alderman Holman RESOLVED, That this Common Council i✓aives the 6% penalty on the follow - ing properties incorrectly listed on the 1980 City Tax Roll by the Tompkins County Assessment Department: Terry G. Hopkins, 206 Cascadilla Park $1.02 Elmer E. F Nancy 1Z, Meyer, 206 Cascadilla Park $2,54 Carried Unanimously 140 -12- October 1, 1980 1980 Assessment Roll Corrections By Al erman Gutenberger: Seconded by Alderman Boronkay WHEREAS, the 1980 Tax Roll of the City of Ithaca included the follow- ing Special Franchise Assessments for the City of Ithaca: Tax Map Number 131.6 -SF -1 N.Y.S.E. 631.9 -SF -1 N.Y. Tel 908.1 -SF -1 American 525 -PS -1 Conrail and Assessment in Owner Final Roll G. $9,665,871 ephone Co. 3,9181383 TV & Comm. Corp. 2009869 267,381 WHEREAS, on September 22, 1980, the City of Ithaca received notice of the final Special Franchise Assessment as follows: Tax Map Assessment in Number Owner Final Roll 131.6 -SF -1 N.Y.S.E. & G. 109565,654 631.9 -SF -1 N.Y. Telephone Co. 45,6309413 908.1 -SF -1 American TV $ Comm. Corp. 178,303 525 -PS -1 Conrail 318,526 and WHEREAS, in accordance with Section 616 of the Real Property Tax Law and Section 489 -0 of the Real Property Law, said assessments must be corrected on the City of Ithaca Tax Roll; NOW, THEREFORE, BE IT RESOLVED, That the 1980 Tax Roll for the City of Ithaca be amended as follows: Tax Map Number 131.6 -SF -1 631.9 -SF -1 908.1 -SF -1 525 -PS -1 and Owner N.Y.S.E. & G. N.Y. Telephone Co. American TV & Comm. Corp. Conrail Assessment in Final Roll 9,665,871 3,918,383 200,869 267,381 Corrected Assessment 10,565,654 4,630,413 178,303 318,526 BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said properties. Carried Unanimously Amendments to 1980 Equipment List By Alderman Gutenberger: Seconded RESOLVED, That the 1980 Authorized be amended to include the purchase to exceed $500.00. No additional by Alderman Banfield Equipment List for the Youth Bureau of one (1) freezer, at a cost not appropriation is required. Carried Unanimously By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the 1980 Authorized Equipment List for the Planning Department be amended to include the purchase of one (1) typewriter. No additional appropriation is required. Carried Unanimously Negotiation with School District By Alderman Gutenberger: Seconded by Alderman Schuler RESOLVED, That the City Attorney reopen negotiations with the Ithaca School District on the possible purchase of the G.I.A.C. building with Community Development Funds as recommended by the IURA /CDA Board. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously "l. 0 -13- October 1, 1918t t Deputy Controller Position By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the position of Deputy Controller be established with a salary range of $192007 to $27,OS1, position to be considered mana- gerial and confidential, and placed on the Compensation Plan for employees not covered by Union contract. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Planning Department Vacancy By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the Planning Department be authorized to hire Ms. Sheila Parker as an Administrative Secretary, with a starting salary of $10,1991 being Step 4 on the Compensation Plan for employees not covered by Union, subject to the usual probation period in accordance with Civil Service regulations. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $17,080.49, as listed on Audit Abstract 918/1980, be approved for payment. Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: Fire Contract- -Town of Ithaca Alderman Slattery report_- dtTfat discussions have been underway with regard to the fire contract which will be resolved the coming week. Youth Bureau Services Alderman Slattery reported that the committee will be entering into talks with outlying municipalities with regard to a Youth Bureau Services contract. HUMAN SERVICES COMMITTEE: Armored Vests -for Police Officers By Alderman Sc uler: Se— coned by Alderman Holman WHEREAS, The State of New York has not yet issued specifications or the procedures for the method to be utilized by the municipality to furnish Armored Vests for their police officers according to Article 17 -A of the Labor Law, and WHEREAS, The Human Services Committee, at its meeting of September 22, 1980, received a request for Armored Vests from representatives of the Ithaca police force, and WHEREAS, The Human Services Committee unanimously supported this request; THEREFORE, BE IT RESOLVED, it is the intent of this Common Council that Armored Vests be provided to the members of our police force for their safety, and that of the public as soon as state procedures :for the provision of vests and reimbursement for their purchase have been established. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Resolution Icy flderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the item concerning vests for police officers be referred to the Budget and Administration Committee for their considera- tion when the guidelines are established. Carried Unanimously 142 -14- October 1, 1980 NEW BUSINESS: Tele hone 6ervice Alderman Nichols reported that it has come to her attention that residents of the City of Ithaca now have to go to the Pyramid Mall to order telephone service. She said she has written a letter to the Telephone Company in Syracuse, N.Y., asking for an explanation of this and requesting that this service be offered in the city. When she has received a reply she will share it with the Council. Alderman Bordoni commented that lie has written to the company in Syracuse a couple of times concerning this matter, and has received assurances from the company, but apparently they are very slow in acting. Truck Stop on 96 -B Alderman Holman requested that the Mayor's office or Clerk's office request the Sheriff's Office to police the truck stop on 96 -8. Mayor Bordoni agreed that it would be taken care of. Charter and Ordinance Meeting Alderman Slattery announced that the Charter and Ordinance Committee will resume meeting on their regular meeting date of the first Monday following the regularly - scheduled meeting of the Common Council. ADJOURNMENT: On a motion the meeting adjourned at 11:52 P.M. J eph A. Rundle, City Clerk R #mond Bordoni, Mayor J