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HomeMy WebLinkAboutMN-CC-1982-03-03COMMON COUNCIL PROCEEDINGS 411 CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. March 3, 1982 PRESENT: Mayor - Shaw Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Myers, Schlather, Schuler OTHERS PRESENT: City Controller - Spano Dep. City Controller - Cafferillo City Attorney - Tavelli Director, Youth Bureau - Cutia Fire Commissioner - Anderson Fire Chief - Tuckerman Building Commissioner - Hoard Police Chief - Herson Director, Planning & Development - Van Cort Representatives T.C. Board of Representatives - Nichols, Stein City Clerk - Rundle (�y� PLEDGE OF ALLEGIANCE: aor Shaw le all present in the Pledge of Allegiance to the American N fl w g < MINUTES: Q By Al erman Dennis: Seconded by Alderman_Schlather RESOLVED, That the Minutes of the February 3, 1982 and February 16, 1982 meetings be approved as recorded by the Clerk, with the following correction to the February 3 minutes: Page 6, Tioga Street Bridge Construction, paragraph following resolution, last sentence o Alderman Hoffman's comments should read: He said it appears to him that preservation of the existing traffic patterns is the overriding objective, and thinks the Council should admit the opportunity had been given them to maximize flood control at that bridge by replacing the bridge with a higher pedestrian span. Carried Unanimously Alderman Killeen called attention to MAYOR'S APPOINTMENTS- -Board of Fire Appeals, on page 11 of February 3, 1982 minutes, commenting that he didn't know if it were typographical or procedural, that it is his understanding that the appointment to the Board of Fire Appeals required consent of Common Council but the minutes read, "Mayor Shaw informed the Council that he was appointing W. David Banfield...." Mayor Shaw answered that he intended to correct this statement under MAYOR'S APPOINTMENTS. SPECIAL ORDER OF BUSINESS: Public Hearing on Proposed Z xesolution to U en Public Hearin By Alderman chlat er: Secon e by Alderman Holdsworth RESOLVED, That the Public Hearing on Proposed Zoning Map Amendment be opened. Carried Unanimously Donald Lifton, 925 N. Tioga Street, Commissioner, Ithaca Landmarks Preservation Commission, addressed the Council, commenting that last year the county informally inquired what the city reaction might be to rezoning Boardman House to permit a more easily salable property, and Council then asked the Ithaca Landmarks Preservation Commission to look into it and make recommendation to Council. The Commission did so and asked Mr. Lifton to summarize for Council what they had done. He said the Commission appointed a subcommittee which he chaired. The subcommittee made recommendation to the Commission after talking with city officials and staff, county officials and staff, and looking into it itself. The recommendation from the Commission is to zone the area from its current P -1 status to B -lb. 412 -2- March 3, 1982 The Commission would prefer that the county use the building itself as an office building, that would probably be the most optimum use of the building, but the Commission did not feel that it should take steps or participate in the process to require the county to only use it in that manner. Mr. Lifton said there are other alternative uses for the building which, under B -lb, might apply to the building. If the building were sold the Commission, because it is in an historic district, would still have oversight of the facade of the building to try to insure that its integrity is' maintained. Resolution to Close Public Hearing By Alderman Schlather: Seconded by Alderman Holdsworth RESOLVED, That the Public Hearing on Proposed Zoning Map Amendment be closed. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: By Alderman Schlather: Seconded by Alderman Holman ORDINANCE 82 -1 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 "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 P -1 Public and Institutional District is reclassified and changed to the B -lb Restricted Business District: All that tract• -or parcel of land bounded on the south by the north line of the right -of -way of East Buffalo Street, on the north by a line parallel to and one hundred twenty -five (125) feet from the said right -of -way line, on the east by the present boundary of land presently zoned B -lb, which line is one hundred thirty -eight and ninety -five hundreths (138.95) feet west of the west right -of -way line of North Tioga Street, and on the west by the east boundary of land known as DeWitt Park, which line is two hundred sixty -six and five tenths (266.5) feet east of the east right -of -way line of North Cayuga Street." 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 DATE. This ordinance shall take effect law upon publication of a notice as Ithaca City Charter. Discussion followed on the floor. immediately and in accordance with provided in 63.11(B) of the Alderman Holdsworth inquired if on -site parking is required. Alderman Schlather reported that the B -lb district does not require on -site parking; there is no parking required. In that connection, too, there was originally some reservation by the County Planning Department as to our specification of a lot depth on the zoning map of 125'. The County Planning Department had previously requested that this only be set at 115' because of concern about creating precedent when they deed the property. Mr. Schlather said he under- stands these reservations have been worked out, upon the Charter and Ordinance Committee's assurance as to the intent of the ordinance. Alderman Schlather read the following statement into the record: "By establishing a zoned depth of 125' it is not Common Council's -3- March 3, 1982 4 :3 intention to require the county to deed the full 125' at any conveyance of the Boardman house. Common Council recognizes that a conveyance of the Boardman house premises which specifies only a 115' depth satisfies the city's rear -yard requirements if current representation by the County Planning Department regarding lot dimensions and building loca- tion are accurate. Common Council does not expect this depth require- ment shall be increased in order to compensate for any side yard deficiencies for which a variance will be required upon any sale and reuse of the Boardman house." Alderman Schlather commented that the bottom line here is that we are creating a zone with 125' depth. Obviously, by creating that zone that doesn't create any comparable requirement that they deed the entire depth of the zone. They can deed whatever they want as long as what they are deeding satisfies our zoning requirements: Assuming i what they are telling us is true, regarding dimensions and building locations, the 115' depth does satisfy the existing rear -yard require - ments. He noted though that the side -yard deficiency, which will be generated upon subdivision of these premises from County office building C, will require a variance, and.the County is well aware of (� that. O ,i Because there has been some indication of reservation, Adlerman Schlather asked the county at this point to indicate for the record Q that they have no objection. Q County Planning Director, Frank Liguori, spoke to the Council, saying that Alderman Schlather had expressed the problem very well. With the statement made he.said the County would no longer have any j objection. He said it is recognized that they will have to submit an application for the subdivision of the property and, in addition, I for a variance on the side yard. He said the County's prime concern is that they would like to clear all these arrangements before the property is actually offered for auction so that a person purchasing • the property at the auction would be assured of a good honest title to do whatever they will propose to do under the B -lb zoning ordinance. He said the way is clear now to make application and they are assured they will not have to add an-additional 10' to the rear yard of the property, and with that they are completely satisfied. A vote on the resolution resulted as follows: Carried Unanimously COMMUNICATIONS: Mayor Shaw called attention to five communications received in his office, as follow: Letter and attachment dated 2/15/82 from Center for Local Food and Agriculture addressing concern over the Ithaca Community Gardens Letter dated 2/26/82 from Deborah Jaffe, 222 Dryden Road, Apt. 2A, which also addresses concern over the Ithaca Community Gardens Letter to Common Council, Att: Mayor Shaw, from James Ray, Chairman Public Works Committee of T.C. Board of Representatives, regarding Ice Jam Flooding. Mayor Shaw referred this letter to the Board of Public Works. Letter from Gov. Hugh L. Carey soliciting input on ways to commem- orate the 100th birthday of Franklin Delano Roosevelt in this, the centennial year. Mayor Shaw requested that interested members of the Council take on this responsibility. Unsigned letter dated 3/3/82 regarding pushcarts on the Commons. Mayor Shaw commented that he is disinclined to answer unsigned letters. Mayor Shaw informed the Council that copies of the letters will be available in the City Clerk's office. 454 -4- March 3, 1982 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Repaving o State Street Lauren Stiles, 119 Linden Avenue, on behalf of Historic Ithaca, Inc., read the following statement concerning the brick pavement on East State Street: "The East State Street brick pavement was installed in 1930 and 131 (and not in 1940/41 as stated in the Ithaca Journal). After 50 years of increasingly intensive use and almost no regular main- tenance, it remains in a remarkable serviceable condition. A half century of survival is a record for any road. State Street now, however, needs major work. What form should this work take? Cities like Geneva and Penn Yan have recognized the historic . and aesthetic value of stretches of brick pavement in their cities. They have balanced this against the lower initial installation costs for asphalt. The beauty and durability of the brick is worth more than the initial savings but higher and more frequent maintenance costs of asphalt. Endicott is now working to preserve stretches of its brick pavement. Albany has a street that is nearly 75 years old and needs no significant repair. Ithaca should contact these cities for concrete details before making its own decision. It is not fair or accurate to simply compare the initial installa- tion costs of brick versus asphalt. The relative maintenance costs of both should be compared. The brick, if cared for, should last another 40 to 50 years. The asphalt will not! At its February 11, 1982 meeting, the Board of Historic Ithaca voted unanimously to recommend the retention of the brick pavement on State Street. If the pavement is removed on State Street, the same arguments will be used to justify taking up the brick on Stewart Avenue which is flanked by a historic district. These brick paved streets have served us well for half a century. It is a fantastic paving material The skill to lay the brick can be taught to DPW employees. Before destroying this highly distinctive part of our cityscape, Ithaca deserves to know how other neighboring cities saved their pavement. Historic Ithaca urges the City to contact other cities which have had comparable experiences to find out the true long -term costs. Historic Ithaca and, in particular, its Architectural Conservator are anxious to work with the City on this question." Beverly Baker, 320 S. Geneva Street, spoke to the Council concerning the brick pavement on E. State Street, imploring Common Council to reconsider and hold off until all the facts are in. In addition, she indicated willingness to donate $100 toward saving the bricks. Ithaca Community Gardens Diane Rutherford, Coordinator of Community. Gardens, addressed the Council on the possibility of the Community Gardens being sold to a private developer and asked the Council for help in finding a solution to the needs of the people for another plot of ground for gardens. Mayor Shaw informed Ms. Rutherford that the matter will be discussed at a meeting of the Community Development Committee to be held Monday evening, March 8, 1982. Douglas Dylla, 109 Auburn Street, spoke to the Council in respect to i— . Community Gardens, asking that Common Council reaffirm their commit- ment to the project. He also asked that the Council direct some questions to Lockwood's agent to clear up some of the questions. The following persons also spoke to the Council in favor of the Community Gardens: Judy Green, 313 Washington Street Kri.stina Elmstrom, 117 Sears Street Carolyn Peterson, 110 Day Street -3- March 3, 1982 Pushcart Appeal Janet Hanna, R.D. #2, Marathon, N.Y., asked to appeal the Commons Advisory Board's decision to deny herself and her partner a permit to operate a pushcart on the Commons. City Attorney Tavelli informed Ms. Hanna that basically the Commons Advisory Board requested that Common Council allow the participation of mobile vending carts on the Commons, and that the CAB be designated to establish all rules, regulations and fees regarding such carts. That motion waii defeated six no, five yes. According to what he was told they dic`fspecifically address Ms. Hanna's request for a pushcart. He said there is no ordinance now which prohibits pushcarts, nor is there a Council resolution. Apparently each case has to be taken on its own merits. He advised that Ms. Hanna should appear at the next meeting to make application for permit to operate pushcart. Mayor Shaw suggested asking the City Attorney to meet with the chair of the Commons Advisory Board and the Common Council Liaison to try to resolve specifically whether the Commons Advisory Board has denied the permit. If it has, Ms. Hanna can make appeal to the Common Council in writing, filing the appeal with the City Clerk. N Community Gardens W Alderman Ho fman spoke in respect to the community gardens, asking Q Council to reaffirm its support for the project and to communicate to the parties involved the desire of the City to work this out, if < at all possible. He said that so far what has occurred since the new purchase offer was put in has all been behind the scenes. Most of the community has not been aware of this issue until tonight. He said he thinks operating within that.context has been to the disad- vantage of those who want to see the community gardens continue. The community, including the parties directly involved in this, need to know that there is a depth of feeling about the continuation of the gardens. He indicated that at some point in the meeting he would like to put forth a motion of Council's support of the purchase of the property and appeal to the parties involved to try to make the purchase possible. Mayor Shaw suggested that a motion be put forth under NEW BUSINESS. COMMUNICATIONS FROM THE MAYOR: Presentation of Certification to City Clerk Mayor Shaw presented City Clerk Rundle with a certificate from the International Institute of Municipal Clerks who have awarded the designation of Certified Municipal Clerk to City Clerk Rundle. Utopian City Mayor haw read an article from the May 1981 issue of Moneyworth entitled "Utopian City Was In Penna." which describes the search of one family to find the perfect new hometown, which turned out to be Allentown, Pa. Ithaca, N.Y. was one of the final three locations they chose from. MAYOR'S APPOINTMENTS: Mayor Shaw informed the Council that it had been brought to his attention, and rightfully so, that appointment to the Board of Fire Appeals requires Council approval. He requested a nomination from Council for David Banfield to serve on that Board for one year. Resolution By Al erman Killeen: Seconded by Alderman Clynes RESOLVED, That the Council approves the appointment of David Banfield, Chairman of Human Services Committee, to the Board of Fire Appeals for a term to expire December 31, 1982. Carried Unanimously Mayor Shaw commented that it: is -unclear.- -hbw-. long -the appointments are for, that there were some past appointees who didn't have clear designations how long it was, and he asked several to continue at least through the end of this year so that he could put them back into the terms that they are supposed to serve. lie indicated that Bob Anderson, who was present, was one who has served on that board and expressed appreciation to Mr. Anderson for his willingness to continue for the remainder of the year. 416 -6- March 3, 1982 Rt. 96 Desi n Committee Mayor S aw in or the Council that he had asked Alderman Myers to serve on the Rt. 96 Design Committee as Council representative; in addition, Alderman Clynes has agreed to be actively involved -- attend meetings, etc. Conservation Advisory Council Mayor Shaw-7—equested approval for appointment of Robert Brown, 313 W. Seneca Street, to the Conservation Advisory Council for to expire December 31, 1982 to fill the vacancy caused by the tion of Jennifer Hanna. Jr., a term resigna- Resolution By erman Hoffman: Seconded by Alderman Holman RESOLVED, That the Council approves the appointment of Robert Brown, Jr. to the Conservation Advisory Council as youth representative for a term to expire December 31, 1982. Carried Unanimously Mr. Brown took the oath of office and was sworn in by the City Clerk. Mayor Shaw requested approval for appointment of Susan Szasz, 100 Fairview Square, to the Conservation Advisory Council for a term to expire December 31, 1983. Resolution By Al erman Holdsworth: Seconded by Alderman Dennis RESOLVED, That the Council approves the appointment of Susan Szasz, 100 Fairview Square, to the Conservation Advisory Council for a term to expire December 31, 1983. Carried Unanimously Mayor Shaw requested approval for appointment of Linda Carpenter, 203 South Hill Terrace, to the Conservation Advisory Council for a term to expire December 31, 1983. Resolution By Ammerman Holman: Seconded by Alderman Killeen RESOLVED, That the Council approves the appointment of Linda Carpenter, 203 South Hill Terrace, to the Conservation Advisory Council for a term to expire December 31, 1983. Carried Unanimously Municipal Surgeon Mayor Shaw requested approval for appointment of Antonio V. Lim, M.D., 13 Highgate Circle, as Municipal Surgeon for a term to expire December 31, 1983. Resolution By Alderman Banfield: Seconded by Alderman Schuler RESOLVED, That the Council approves the appointment of Antonio V. Lim, M.D., 13 Highgate Circle, as Municipal Surgeon for a term to expire December 31, 1983. Carried Unanimously CITY ATTORNEY'S REPORT: City Attorney Tavelli reported that there is no court decision yet on the billboards. City Attorney Tavelli reported, with respect to the Cornell Heights residential case, pre -trial discovery is being started in the next J term of court;,the earliest the case will reach the courts is August, 1982, or possibly not until 1983. CITY CONTROLLER'S REPORT: City Controller Spano gave a brief report with respect to federal money the City will receive for repairs to Six Mile Creek wall. The project will be handled through the Soil Conservation Service. Based on their estimates the total cost will be $726,000, of which $690,000 will be for repair to the creek walls from Clinton Street bridge to Wilcox Press building, and $36,000 will be for administrative costs of the Soil Conservation Service. The City's share of the project will be 20 percent, or roughly $1.38,000, either in cash or in -kind services, or a combination of both. O'Brien & Gere are to provide the Engineering -7- March 3, 1982 417 Department of the City with their figures; if they come in higher the federal government said they will submit a supplemental request but there is no guarantee that we would receive any additional funds. At present, the City, through bond resolution, has set aside $276,000 which should be more than enough to pay the City's share of the $690,000 cost. Discussion followed on the floor. • CHARTER AND ORDINANCE COMMITTEE: Pro sed Amen ment to Municipal Code Section 60 31, Maximum Speed Limit By Alderman Schlather:. Seconded by Alderman Holman ORDINANCE 82 -2 AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE (y) BE IT ORDAINED AND ENACTED by the Common Council of the City of N Ithaca, New York, as follows: LLJ SECTION 1. That 860.31 of Chapter 60 entitled "Traffic and Q Vehicles" of the City of Ithaca Municipal Code be and the same is Q hereby amended to read as follows: 860.31 Maximum Speed Limits Thirty (30) miles per hour is hereby established as the maximum speed at which vehicles may proceed on or along highways within the corporate limits of the City except on the following highways: 1. Meadow Street - Northeast Arterial (Route 13) between Hancock Street and -Dey Street where forty (40) miles per hour is hereby established as the maximum speed. 2. Northeast Arterial (Route 13) between Dey Street and the north City line, where the State -wide fifty -five (55) miles per hour is hereby established as the maximum speed. SECTION 2. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Carried Unanimously COUNCIL MEETING DATE FOR APRIL 1982 By Alderman Schuler: Secon e by Alderman Clynes RESOLVED, That the Regular meeting of the Council scheduled on April 7, 1982 be rescheduled to Monday, April 5, 1982 to avoid the conflict of scheduling a meeting on the eve of Passover. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: A lication of C an D Trans orton for Consent To Operate a Motor Bus Line Between the Villages of Enatidicott Owego an Newar Valley y lde maH or Ithaca, New York By Alderman Schlat er: Seconded by Alderman Myers WHEREAS, C and D Transportation Company has made application for consent to operate a motor bus line between the Villages of Endicott, Owego and Newark Valley and the City of Ithaca, New York, and WHEREAS, The Transportation Corporation Law requires that before such consent be given by the City there must be a public hearing upon public notice concerning the contents of the application; NOW, THEREFORE, BE IT RESOLVED, That the Common Council hold a public hearing at its Regular monthly meeting to be held on April 5, 1982 at 7:30 p.m. in the Common Council Chambers located at 108 E. Green Street, Ithaca, New York to consider an application of the C and D Transportation Company for consent to operate a motor bus line between the Villages of Endicott, Owego and Newark Valley and the City of Ithaca, New York, and I • March 3, 1982 BE IT FURTHER RESOLVED, That the City Clerk be and he is hereby directed to advertise the contents of this resolution in the official newspaper of the City as is required by law, and give notice to all other municipalities involved. Carried Unanimously Council recessed at 9:10 p.m. Council reconvened in Regular session at 9:20 p.m. HUMAN SERVICES COMMITTEE: Acce tance o f Youth Bureau Annual Re ort z By Al erman an le l Secon e by 1 an Killeen RESOLVED, That the Council accepts the 1981 Annual Report of the Youth Bureau Board. Carried Unanimously Acce tance of Fire De artment Annual Re ort By Alderman Ban iel : Secon e by A erman Holman RESOLVED, That the Council accepts the 1981 Annual Report of the Ithaca Fire Department. Carried Unanimously Arson Contrerman ol Plan By Al Ban ield: Seconded by Alderman Schuler WHEREAS, the City of Ithaca has entered into an agreement with the New York State Department of State Office of Fire Prevention and Control, hereinafter "State," for the receipt and disposition of an arson grant, and WHEREAS, as a term of this agreement the City must.submit an updated arson control plan to the State at the conclusion of the grant project, and WHEREAS, the County of Tompkins has entered into a similar agreement with the State for similar purposes and with similar requirements, and — WHEREAS, it is in the best interests of the City of Ithaca to coordinate and possibly consolidate its arson control plan with that of the County of Tompkins; NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Fire Department be and it is hereby directed to explore every way possible to coordinate and consolidate the arson control plan for the City of Ithaca with that of the County of Tompkins, and that a progress report be made to the Human Services Committee at its June meeting; and BE IT FURTHER RESOLVED, That before the updated arson control plan required under the agreement with the State is submitted to the State, the same shall be submitted to Common Council for its review; modi- fication and approval no later than August 15, 1982. Carried Unanimously Meetin Date Al erman Banfield announced that the next meeting of the Human Services Committee will be held on March 16, 1982 at 8:00 p.m. in the Conference Room, at which time the committee will discuss and formulate a resolution concerning the police canine unit. Reports will be prese by the Police Chief and Commissioners, copies of which will be given to the Mayor and Council for review prior to'the meeting. BUDGET AND ADMINISTRATION COMMITTEE: Extension of State and County Tax Warrant By Alderman Holman: Seconded y Al erman Banfield RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1982 State and County Taxes until June 1, 1982. t Carried Unanimously I� Q March 3, 1982419 1982 City Budget Amendment By Al erman Holman: Seconded by Alderman Banfield WHEREAS, the City of Ithaca has accepted an Arson Action Grant from the State of New York, in the amount of $5,800, and WHEREAS, the 1982 adopted City Budget does not reflect the expense or income of this Grant; NOW, THEREFORE, BE IT RESOLVED, That the 1982 adopted City Budget be amended as follows: Increase Fire Department Operating Account A3410 -250 Other Equipment 2,700 A3410 -310 Office Supplies 2,400 A3410 -433 Travel and Mileage 700 5,800 Increase State Aid Income A3889 Arson Action Grant $5,800 Carried Unanimously 1982 Authorize d E ui ment List Amendment By Alderman Holman: Secon ed by Alderman Schuler RESOLVED, That the 1982 Authorized Equipment List for the Fire Department be amended to include the purchase of the following items required for the Arson Action Program. 1 - Sniffer Detector W /Charger $1,000 1 - SLR Camera W /Lenses, Flash, Case 1,250 2 - Rechargeable Flashlights 250 1 - Latent Print Search Kit 200 2,700 Carried Unanimously Civil Service Agreement By Alderman Ban field: Seconded by Alderman Schlathex RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an Agreement between the City of Ithaca and the Ithaca City School District for performance by the City of services in connection with Civil Service matters for the period July 1, 1982 to June 30, 1983, in an amount of $11,237.73, payable to the City of Ithaca on or before November 1, 1982. Carried Unanimously Youth Bureau Employee Salary Increase By Alderman Banfield: Seconded by Alderman Holdsworth RESOLVED, That Gary June, Recreation Assistant with the Youth Bureau, be granted a salary increase to $4.36 per hour as requested by the Youth Bureau Director, effective March 1, 1982. Carried Unanimously No. 9 Fire Station Insulated Window Treatment By Alderman Banfield: Seconded by Alderman Holdsworth RESOLVED, That seven (7) windows at No. 9 Fire Station be equipped with window quilts, at a cost not to exceed $800.00, and BE IT FURTHER RESOLVED, That $800.00 be transferred from the General Fund Contingent Account A1990 to the Fire Department Account A3410 -419 Property Maintenance. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Hoffman, Schuler, Dennis, Holdsworth, Holman, Myers, Clynes Nays (3) - Schlather, Banfield, Killeen Carried 420 -10- March 3, 1982 Bid Acce tance for New Fire En ine By Al erman Ban iel : Secon e y Alderman Schlather WHEREAS, the Board of Fire Commissioners of the City of Ithaca has received bids for furnishing a 1000 GPM fire engine for delivery/in 1982, and WHEREAS, the Board of Fire Commissioners has reviewed the bids for compliance with specifications and recommends acceptance of the low bid received from Saulsbury Fire Equipment Corporation in the amount of $81,357; NOW, THEREFORE, BE IT RESOLVED, That Saulsbury Fire.Equipment Corpor tion be awarded the contract for furnishing a 1000 GPM fire engine for its low bid of $81,357, and BE IT FURTHER RESOLVED, That payment for.this vehicle be made from Capital Reserve 915 - Fire Engines. Carried Unanimously D.P.W. Personnel Roster Amendment By Alderman Banfiel : Secon e by Alderman Holman RESOLVED, That this Common Council establishes the title of Automotive Mechanic Helper, at Grade 25 of the 1982 Compensation Plan, as requested by the Board of Public Works, and BE IT FURTHER RESOLVED, That the 1982 approved Personnel Roster for the Department of Public Works be amended as follows: Delete - 2 Maintenance Workers (Garage Section) Delete - 1 Maintainer (Transit Division) Add - 3 Automotive Mechanic Helper (C & M Division) Carried Unanimously Tom kins Count Youth Bureau Lease A reement By Al erman Banfield: Seconded by Alderman Holman RESOLVED, That fhe Mayor and City Clerk be authorized and directed t execute an Agreement between the City of Ithaca and Tompkins County for the leasing of space at the Community Service Building to the Tompkins County Youth Bureau for the period January 1, 1982 to December 31, 1982, at a monthly rental of $115.00, to be paid to the City of Ithaca on or before the 5th day of each and every month. Carried Unanimously Local Advisory Board of Assessment Review_ Appointments: By Alderman Holman: Seconded by Alderman Killeen RESOLVED, That the Common Council appoint Jean Spitzer, 112 Orchard Place, to the Local Advisory Board of Assessment Review for a term to expire December 31, 1982. Carried Unanimously By Alderman Schlather: Seconded by Alderman Schuler RESOLVED, That the Common Council appoint Lani Peck, 516 Chestnut Street, to the Local Advisory Board of Assessment Review for a term to expire December 31, 1982. -- Carried Unanimously Audit By Alderman Banfield: Seconded by Alderman Holman RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $10,482.67, as listed on Audit Abstract 94/1982, be approved for payment. Carried Unanimously Tabulation of Appointments Alderman Holman asked that the Clerk's Office prepare a tabulation of the appointments that are made by Common Council, the Mayor, and, the Mayor in consultation with the Council, and that a copy of the tabulation be given to the Mayor also and the Council. -11- March 3, 1982421 PLANNING AND DEVELOPMENT COMMITTEE: , Ithaca Hy drop Commission By Alderman Dennis: Seconded by Alderman Killeen WHEREAS, a hydropower plant has been proposed at Ithaca Falls on Fall Creek, and WHEREAS, the City of Ithaca will be required to take a position concerning the construction of such plant; NOW, THEREFORE, BE IT RESOLVED, That Common Council, acting upon the recommendation of its-Planning and Development Committee, does hereby create and establish the Ithaca Hydropower Commission, and BE IT FURTHER RESOLVED, That said Commission shall consist of a representative from each of the following organizations, said representatives to be appointed by the President or Chairman of each organization unless otherwise noted: Planning and Development Committee Fall Creek Civic Association Planning and Development Board Trout Unlimited City Energy Commission (2 representatives) Ecology Action (y) Conservation Advisory Council Ithaca Landmarks Preservation Commission Community at- large, with expertise in hydropower or hydrodynamics W (2 representatives to be recommended by Chairman of the Planning and Development Committee), and:-,, a BE IT FURTHER RESOLVED, That the Ithaca Hydropower Commission be charged to perform the following tasks: 1. To make the Planning and Development Committee and Common Council aware of relevant information and developments regarding the proposed hydropower plant. 2. To review and analyze the current proposals for constructing the plant and toz inform Council of the major aspects and impacts of each. 3. To investigate the potential environmental impacts of constructing a hydropower plant, suggesting mitigating measures where possible. 4. To review the Federal Power Act and its implementing regulations to determine all possible City reactions /responses to the proposals. 5. To investigate the feasibility of City construction and operation of the hydropower plant. 6. To serve as the coordinating body for review of the issue by a variety of groups and agencies. 7. To assist in educating the public concerning all aspects of the project through information gathering and dissemination. BE IT FURTHER RESOLVED, That the Department of Planning and Development, Department of Public Works and the City Attorney are directed to provide staff assistance to the Commission, and BE IT FURTHER RESOLVED, That the Commission shall report to the Planning and Development Committee its findings, together with a recommendation(s) concerning appropriate City actions to be undertaken, on or before April 28, 1982. Amendment to Resolution By Alderman Clynes: Seconded by Alderman Banfield RESOLVED, That the main resolution be amended by including a member of the Circle Greenway Committee to the Hydropower Commission. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 422 -12- March 3, 1982 Amendment to Resolution By Alterman c lat er: Seconded by Alderman Banfield RESOLVED, That the main resolution be amended to include a further group to be represented, namely, the Board of Public Works, and BE IT FURTHER RESOLVED, That in the third BE IT FURTHER RESOLVED, the Department of Public Works be added following the Department of Planning and Development, and BE IT FURTHER RESOLVED, That within the composition of the Commission Community at- large, the parenthetical phrase read: (.2 representatives: to be recommended by the Chairman of the Planning and Development Committee for approval by Common Council. Carried Unanimously Main Motion as Amended iHEREA , a hydropower plant has been proposed at Ithaca Falls on Fall Creek, and WHEREAS, the City of Ithaca will be required to take a position con- cerning the construction of such plant; NOW, THEREFORE, BE IT RESOLVED, That Common Council, acting upon the recommendation of its Planning and Development Committee, does hereby create and establish the Ithaca Hydropower Commission, and I BE IT FURTHER RESOLVED, That said Commission shall consist of a representative from each of the following organizations,.said repre- sentatives to be appointed by the President or Chairman of each organization unless otherwise noted; Planning and Development Committee Planning and Development Board City Energy Commission (2 representatives) Conservation Advisory Council Ithaca - Landmarks Preservation Commission Fall Creek Civic Association Trout Unlimited Ecology Action Circle Greenway Committee Board of Public Works Community at- large, with expertise in hydropower or hydrodynamics (2 representatives to be recom- mended by Chairman of the Planning and Develop- ment Committee for approval by Common Council) and BE IT FURTHER RESOLVED, That the Ithaca Hydropower Commission be charged to perform the following tasks: 1. To make the Planning and Development Committee and Common Council aware of relevant information and developments re- garding the proposed hydropower plant. 2. To review and analyze the current proposals for constructing the plant and to inform Council of the major aspects and impacts of each. 3. To investigate the potential environmental impacts of constructing a hydropower plant, suggesting mitigating measures where possible. 4. To review the Federal Power Act and its implementing — regulations to determine all possible City reactions /responses to the proposals. S. To investigate the feasibility of City construction and operation of the hydropower plant. G. To serve as the coordinating body for review of the issue by a variety of groups and agencies. 7. To assist in educating the public concerning all aspects of the project through information gathering and dissemination. -13- March 3, 1982 423 BE IT FURTHER RESOLVED, That the Department of Planning and Develop- ment, Department of Public Works and the City Attorney are directed to provide staff assistance to the Commission, and BE IT FURTHER RESOLVED, That the Commission shall report to the Planning and Development Committee its findings, together with a recommendation(s) concerning appropriate City actions to be under- taken, on or before April 28, 1982. Carried Unanimously County Office Relocation By Alderman Dennis: seconded by Alderman Schuler WHEREAS, officials of Tompkins County are considering relocation of service facilities in the near future to the Biggs Complex, and WHEREAS, such a relocation may deny Ithacans access to essential public services, and WHEREAS, a decision to relocate should not be made in the absence of a thorough assessment of its impact; NOW, BE IT RESOLVED, That the Common Council, upon recommendation of the Planning and Development Committee, request that the County make (Y public the data and criteria on which the decision to relocate County N services is being made ;.and W BE IT FURTHER RESOLVED, That the Mayor of Ithaca is hereby directed Q to immediately begin discussions with appropriate County officials Q concerning the suspension of social service relocation until such time as the effect on City residents of the relocation on County service provision can be assessed, and BE IT FURTHER RESOLVED, That the Mayor report back to the Common Council at its April 1982 meeting regarding progress of his discussions with Tompkins County officials. Stuart Stein, Tompkins County Board of Representatives, presented an • update regarding the relocation of service facilities: The issue, since it has beeh�discusse, in the community, has generated additional interest on the part of various groups. As a result there seems to have been some individual studies of various kinds that were started to be undertaken, including the one in the City Planning Office. This led to a request by County Planning Director Liguori to the Planning Committee of the Human Services Coalition for a study to be done by that Planning Committee of the impact on the recipients of the services of the various groups that would be involved in the move of the county offices. At that day's meeting of the County Board of Representatives Mr. Liguori presented a report that he is essentially attempting to put together all of the data that is pertinent to this topic on an objective basis and will have other groups review this data and each group develop its own policy decision. March 16, 1982 was the date on which the Board of Representatives had intended to make their decision; however, in light of the information given them by Mr. Liguori, and the intent to submit the report to the Board of Representatives on March 16, the Board of Representatives have extended the date of making their decision to their regular meeting on April 20, 1982. Amendment to Resolution By Alderman Holman: Seconded by Alderman Schuler RESOLVED, That the last two Resolved paragraphs be deleted and a final paragraph be added as follows: RESOLVED, That the City of Ithaca request the Planning Committee of the Human Services Coalition to examine the social impacts of the proposed relocation of county offices from downtown Ithaca to the Biggs Complex. Discussion followed on the floor. A vote on the amendment resulted as follows: Carried Unanimously Main Motion as Amended WHEREAS, officials of Tompkins County are considering relocation of service facilities in the near future to the Biggs Complex, and WHEREAS, such a relocation may deny Ithacans access to essential public services, and 424 -14- March 3, 1982 WHEREAS, a decision to relocate should not be made in the absence of a thorough assessment of its impact; NOW, THEREFORE, BE IT RESOLVED, That the Common Council, upon recom- mendation of the Planning and Development Committee,request that the County make public the data and criteria on which the decision to relocate County services is being made, and BE IT FURTHER RESOLVED, That the City of Ithaca hereby requests the Planning Committee of the Human Services Coalition to examine the social impact of the proposed relocation of county offices from downtown Ithaca to the Biggs Complex. Carried Unanimously O Pro osed Re air of East State Street By Al erman Dennis: Secon e by Al erman Schuler RESOLVED, That the Common Council, upon recommendation of the Planning and Development Committee, request that the Board of Public Works delay a final decision on the proposed project to repave the brick portion of East State Street pending receipt of a.final recommendation on the comparative life -cycle costs of brick paving versus asphalt, as well as consideration of esthetic and historic factors; and BE IT FURTHER RESOLVED, That such information be provided by the Ithaca Landmarks Preservation Commission to the Board of Public Works on or before March 24, 1982. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Hoffman, Killeen, Schuler, Myers, Clynes, Dennis, Holdsworth, Holman Nays (2) - Banfield, Schlather. Carried. N INTERGOVERNMENTAL RELATIONS COMMITTEE: Mayor Shaw commented that there would be no report inasmuch as there is no committee. Alderman Killeen commented that it is his under- standing that there are still negotiations to be conducted with the Town of Ithaca regarding the sewer contract. Mayor Shaw told him that a Joint Sewer Committee has been created to handle these matters. Alderman Killeen then asked, "if discussions come up between the Town and City about fire services, etc., what will be the framework through which such discussions will occur? Is this an Intergovernmental Committee mechanism, or will we wait for the formation of this committee to negotiate initial services ?" Mayor Shaw replied that he is experimenting with letting the substantive committees and the liaisons handle it,and, as necessary, he serves as liaison to the Town. CONSERVATION ADVISORY COUNCIL: Alderman Hoffman reported that the Council had not met for several months due to the lack of a quorum; however, that problem is being remedied. Three new members have been appointed to the Council and the next regular meeting will be on March 23, 1982. He reported that the three nominees and the two remaining members of the Council had met with him and Mayor Shaw informally on February 23, 1982, at which time they discussed some of the issues which they expect to be dealing with during the coming year: road salting, recycling, the proposed State bottle bill, toxic chemical problems, and the task of . gathering information and disseminating it to the community. Two ✓ other issues which they did not discuss are Rt. 96 and hydropower. Alderman Hoffman commented that in looking through the City Charter he discovered that appointment of the Council liaison to the Conservation Advisory Council needs to be approved by the Council; indeed Council can have two liaisons, rather than one, on this Council. He offered the following resolution: Resolution By Alderman Hoffman: Seconded by Alderman Killeen RESOLVED, That Alderman Nancy Schuler be appointed as second liaison to the Conservation Advisory Council. Carried Unanimously -Is- March 3, 1982425 Mayor Shaw requested approval of the Council for the appointment of Alderman Hoffman to the Conservation Advisory Council. Resolution By Al erman Killeen: Seconded by Alderman Schlather RESOLVED, That the Council approve appointment of Alderman Dan Hoffman as liaison to the Conservation Advisory Council. Carried Unanimously Recycling Task Force Alderman Hoffman reported that the Recycling Task Force, last September, made a preliminary report to the Common Council with a number of recommendations, one of which was that the Task Force be reconstituted at such time as the county has received information from the consultant they hired to study the solid waste issue from the county perspective, in order to update their report. He said that the county consultant has filed reports., and it seems appropriate to finalize the Task Force Report. He said the Mayor has suggested that the information might be turned over to the new CAC and let them decide how to complete the.report as a way of minimizing the number P of people meeting or involved in finishing this task. Alderman (y) Hoffman intends to bring this suggestion to the CAC and the appropriate (\J committee of Council which he assumes to be the Planning and Develop - ment Committee as that was the committee that handled it to begin with. Q REPORT OF SPECIAL COMMITTEES: Q Human Services Coalition Alderman Holman reported that the 1982 Board Officers are as follow: Chairperson Vice Chairperson Treasurer Secretary Eva Mae Musgrave Edward Lutz Anne T. Jones Lawrence Watson Alderman Holman provided the Council with copies of the 1982 Work Plan and Information and Referral statistics. The report on delivery of youth services in the City described in the work plan is to be delivered on September 1, so it may be used in budget discussions. The Coalition continues to assess the effects of cuts in human services funding and is collecting data for a report which is expected to be ready for April. ITHACA URBAN RENEWAL AGENCY /CO Strand Theatre Mayor Shaw reported that at a the Agency authorized staff to steps to contract and complete Strand Theatre, with a vote of closely with the Strand Board. DEVELOPMENT meeting the previous Monday evening, proceed immediately with necessary various restoration plans for the 5 -0. The Agency intends to work ITHACA ENERGY COMMISSION: Alderman Holman reported that a report had been submitted to the Planning and Development Committee. There are four foci (structures) for 1982: 1. Accounting and Cost Benefits to provide a better breakdown of city energy costs and to develop an energy budget for the City of Ithaca. 2. Ideas, Inc. to develop an incentive program for city employees who suggest conservation measures in the workplace. 3. Target applications to examine city energy usage and develop a comprehensive energy use policy. 4. Communications to inform department heads and commissions /boards of Energy Commission functions and activities. 426 -16- March 3, 1982 TOMPKINS COUNTY BOARD OF REPRESENTATIVES: Representative Nichols commented that t e effects of state and federal budget cuts are beginning to be felt at the county level, one item being the decision on whether to continue funding the Nutrition Pro- gram at the same level since the state is cutting back on their share. It seems that two- thirds to three - fourths of meals served are served inside the City. Many of the people pay for their meals. The County decided that they would continue the funding at the present level. Mrs. Nichols reported that former Director of Social Services, Robert Wagner, resigned on February 19, and has been temporarily replaced b the Deputy County Administrator, Mr. Richard Weiss, who will handle the department until a permanent replacement is hired. _ UNFINISHED AND MISCELLANEOUS BUSINESS: Pushcarts on t e Commons Alderman Schlather commented that it seems to him that Council is being asked to render a policy decision. If they want carts on the Commons, that sentiment should be directed back to the Commons Advisory Board with instructions to implement carts on the Commons, sufficient regula- tions, etc. If they don't want carts on the Commons, obviously we should express that sentiment as well. He said he would be glad to funnel it through Charter and Ordinance Committee, and if it did come to his committee it would be discussed at the meeting of March 22 and hopefully they would have a recommendation for the Council at the April 5 meeting. Mayor Shaw suggested that the City Attorney and Council Liaison, Nancy Schuler, meet with the CAB Chair, Rev. Taylor, and Director, Linda Lifton, to develop a method for CAB to review the specific proposal before the CAB and the request of Council for generic regulation. BOARD OF PUBLIC WORKS LIAISON'S REPORT: Alderman Baifield reported he had received a reply from the Transit Supervisor, with attachments which had been addressed to Alderman Ho 30 in 1977, which he'-read to the Council. He referred to a letter from Mr. O'Brien, Transit Corp. of San Diego Maintenance Manager, who had demonstration project with bike racks on buses, who cited high main- tenance cost, rear -end accidents, problems in loading and unloading the bikes thereby delaying the buses, high insurance claim rates, as well as the cost of $2,000 per rack. Mr. Banfield reported he had shared the information with Alderman Hoffman who will pursue the investi- gation. Mr. Banfield asked what the wishes of the Council were, if he should report back to the Council. Alderman Holman commented that there may be some differences between now and 1977 when consideration was given to attaching racks to all buses instead of building them into the bid specifications. Mr. Banfieid also reported that among the attachments were letters from the Police Chief, citing seven concerns, and from the Asst. to the Supt., citing another four concerns. Alderman Killeen requested that the topic of bike racks on buses be pursued further by the Board of Public Works. NEW BUSINESS: Commu— t Gardens By Alderman Hof man: Seconded by Alderman Schuler WHEREAS, it is in the interest of the citizens of Ithaca to promote and support local food production, and to provide accessible garden space for those who need it, particularly low= income families, and WHEREAS, the Community Gardnes site in the Northside neighborhood has served hundredsof low- income families for the past seven years, and WHEREAS, based on the mutual understanding that the present owners of the site would sell the property to the City of Ithaca for $40,000, the City applied for and received a $42,000 grant of Community Develop- ment funds to purchase the property, and WHEREAS, the present owners of the Community Gardens site are apparently prepared to sell the property to a private party in the near future; -17- March 3, 1982 427 RESOLVED, That the Common Council reaffirms its full support of the proposal that the City purchase the Community Gardens site from the present owners, using CD funds, and BE IT FURTHER RESOLVED, That the Common Council appeals to all parties involved to make this purchase possible, in spite of recent obstacles and , BE IT FURTHER RESOLVED, That the Common Council directs Planning and Development Department to give this matter high priority attention until its resolution, and BE IT FURTHER RESOLVED, That copies of this resolution shall be forwarded by the City Clerk to the present owners of the Community Gardens site and their attorney. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (3) - Hoffman, Schuler, Myers (Y) Nays (6) - Banfield, Dennis, Holdsworth, Holman, Clynes, N Schlather W Abstention (1) - Killeen < Motion-Defeated Q Substitute Resolution By Alderman olman: Seconded by Alderman Dennis RESOLVED, That the Common Council of the City of Ithaca reaffirms its support of the Community Gardens Program, and BE IT FURTHER RESOLVED, That the Council requests the Community Development Agency to consider and expedite the matter of the purchase of the Community Gardens plot at its March 8 meeting. Carried Unanimously Collegetown -- Entertainment at Johnny's Alderman Killeen commented that the Council should attempt.to do some- thing about the problem unless they have a rapid multiplication of this kind of entertainment in the city. He said that of the people he has spoken with, many have no opinion yet because it has broken upon their sensitivities so rapidly. He said he hasn't found many supporters, but he has found quite a few opponents. He suggested a possible way to proceed - -under the provisions of an ordinance under circuses, carnivals, exhibitions and shows (Ch. 19, Item 2C) it indicates that the Mayor may refuse to issue a license when in his judgment the exhibition or show is likely to disturb the peace and order of the city or is immoral or improper. Resolution By Alderman Killeen: Seconded by Alderman Schuler RESOLVED, That for consideration and vote the Council enjoin the Mayor to lift the license of this establishment in Collegetown because the proceedings there are injurious to the peace and order of the community. Discussion followed on the floor. Alderman Schlather strongly objected to the resolution. • Referral Resolution By Alderman Dennis: Seconded by Alderman Schlather RESOLVED, That the Council request the City Attorney to study the question, tell. the Council what the perimeters are so they can act on it or refer it to Committee for recommendation. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:28 p.m. J ep A. Rundle, s City Clerk William R. Shaw, Mayor