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HomeMy WebLinkAboutMN-CC-1982-04-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 431 Regular Meeting 7:30 P.M. April 5, 1982 PRESENT: Mayor - Shaw Aldermen (9) - Banfield, Clynes, Dennis, Hoffman, Holman, Killeen, Myers, Schlather, Schuler ABSENT: Alderman (1) - Holdsworth (Excused) OTHERS PRESENT: City Controller - Spano City Attorney - Tavelli Dep. City Controller - Cafferillo Fire Commissioner - Anderson City Clerk - Rundle Director, Planning $ Development - Van Cort Supt. of Public Works - Kinsella Deputy Fire Chief - Reeves City Engineer - Cox PLEDGE OF ALLEGIANCE: W Mayor Shaw le all present in the Pledge of Allegiance to the Q American flag. Q MOMENT OF SILENCE: At t .- request of Mayor Shaw, the Council remained standing for a moment of silence in memory of Adeline L. Shaw, former City Chamber- lain. Resolution ByBy Alderman Holman: Seconded by Alderman Dennis WHEREAS, Adeline L. Shaw worked for the City of Ithaca for 35 years, and { WHEREAS, she served in an administrative capacity as City Chamberlain for 15 of those 35 years, and WHEREAS, Adeline L. Shaw served the City of Ithaca faithfully and loyally and always with the interests of the City her foremost concern; RESOLVED, That the City of Ithaca remembers her service to and interest in it and extends sympathy to her husband, former Mayor Stanley C. Shaw, and BE IT FURTHER RESOLVED, That this resolution be spread upon the minutes of this Common Council, and BE IT FURTHER RESOLVED, That a copy be forwarded to former Mayor Stanley C. Shaw. Carried Unanimously MINUTES: y 1 erman Dennis: Seconded by Alderman Banfield RESOLVED, That the Minutes of the March 3, 1982 and March 24, 1982 meetings be approved as recorded by the Clerk. Carried Unanimously ORDER OF AGENDA: Mayor Shaw requested a change in the order of the agenda, moving COMMUNICATIONS FROM THE MAYOR and :MAYOR'S APPOINTMENTS before Items III, IV, V and VI. No Council member objected. MAYOR'S APPOINTMENTS: Board of Zoning Ap ep als Mayor Shaw requested approval of the appointment of Antoinette Bush, 417 Hudson Street, to the Board of Zoning Appeals for a term to expire December 31, 1982, to complete the term of Peter Walsh who resigned. 432 -2- April 5, 1982 Resolution By Amerman Holman: Seconded by Alderman Schlather RESOLVED, That this Council approves the appointment of Antoinette Bush, 417 Hudson Street, to the Board of Zoning Appeals for a term to expire December 31, 1982. Carried Unanimously Ms. Bush took the oath of office and was sworn in by the City Clerk. BOARD OF FIRE APPEALS: Mayor Shaw requested approval of Council for the appointment of Robert Anderson, 110 Auburn Street, to the Board of Fire Appeals • for a term to expire December 31, 1983. Resolution By Al erman Banfield: Seconded by Alderman Killeen RESOLVED, That the Council approves the appointment of Robert Anderson, 110 Auburn Street, to the Board of Fire Appeals for a term to expire December 31, 1983. Carried Unanimously Mr. Anderson took the oath of office and was sworn in by the City Clerk. Planning and Development Board Mayor Shaw requester the approval of Council for the appointment of Dr. Everett M. Stage, 1022 Stewart Avenue, to the Planning and Develop- ment Board for a term to expire December 31, 1984. Resolution By Ammerman Banfield: Seconded by Alderman Holman RESOLVED, That the Council approves the appointment of Dr. Everett M. Stage, 1022 Stewart Avenue, to the Planning and Development Board for a term to expire December 31, 1984. Carried Unanimously Dr. Stage took the oath of office and was sworn in by the City Clerk. Conservation Advisory Council Mayor Shaw requested t e approval of Council for the appointment of Carol Reeves, 303 Linn Street, to the Conservation Advisory Council for a term to expire December 31, 1982. Resolution By Alderman Hoffman: Seconded by Alderman Banfield RESOLVED, That the Council approves the appointment of Carol Reeves, 303 Linn Street, to the Conservation Advisory Council for a term to expire December 31, 1982. Carried Unanimously Ms. Reeves took the oath of office and was sworn in by the City Clerk. Board of Appeals on Building Code Mayor Shaw requested the approval of reappointment of Robert Flumerfelt, 115 Campbell Avenue, to the Board of Appeals on Building Codes for a term of office to expire December 31, 1984. Resolution By Amerman Clynes: Seconded by Alderman Schlather RESOLVED, That the Council approves the reappointment of Robert Flumerfelt, 115 Campbell Avenue, to the Board of Appeals on Building Codes for a term of office to expire December 31, 1984. Carried Unanimously Youth Bureau Advisory Board Mayor aw -requested the approval of appointment of David Wooley, 407 S. Geneva Street, to the Youth Bureau Advisory Board for a term to expire December 31, 1984. Resolution By Alder-man Holman: Seconded by Alderman Schuler RESOLVED, That the Council approves the appointment of David Wooley, 407 S. Geneva Street, to the Youth Bureau Advisory Board for a term to expire December 31;'1984. Carried Unanimously -3- April 5, 1983}3c� Housing Board of Review Mayor Shaw requested approval of appointment of Virginia Canestero, 201 Linn Street, to the Housing Board of Review for a term to expire December 31, 1984. Resolution By Alderman Killeen: Seconded by Alderman Holman RESOLVED, That the Council approves appointment of Virginia Canestero, 201 Linn Street, to the Housing Board of Review for a term to expire December 31, 1984. -- Carried Unanimously Community Hospital Board Mayor Shaw reportea that he is recommending Elinore Bly, 216 N. Geneva Street, for appointment to the Community Hospital Board. Tom kins Countv Youth Board Mayor haw reported that he is recommending Jerome Small, University Park Apts., for appointment to the Tompkins County Youth Board for a term to expire December 31, 1982, completing the term of John Ford; and Tina Peterson, 414 Madison Street, for a term to expire December 31, 1984. co N COMMUNICATIONS FROM THE MAYOR: W Closin g of Rot sc it 's Department Store Mayor Shaw spo a to t e Council concerning the recent announced closing,. Q on Wednesday of last week, of Rothschild's Department Store. He reported that he has talked with the local banks, Rothschild's manager, former owner J. Rothschild, representatives from United Department Store; members of the Common Council, chairmen of committees with responsibility in this area, the City Attorney, representatives from Tompkins County Industrial Authority, Tompkins County Area Development Corporation, Downtown Business Association, Tompkins County Chamber of Commerce, members on the creditors committee and potential tenants and developers. These conversations have been an effort on his part to learn more about • facts, figures, understandings and projections the closing may have on the City. At this point in time facts are scarce and still developing. The closing affects the jobs-of employees, downtown economy and sales and property tax revenues. He said he expects to continue to work . closely in a leadership capacity along with the people mentioned above to pursue new tenants, considering all options, to try to restore this cornerstone of our downtown community. Resolution By Alderman Dennis: Seconded by Alderman Holman WHEREAS, the Rothschild's site at the southwest corner of the Aurora Street end of the Commons is of vital interest to the City of Ithaca, and WHEREAS, the community has expressed its concern as to future occupants of the site; RESOLVED, That the Mayor and Common Council indicate their willingness to assist in any and all ways in reaching a resolution which is in the best interests of the City. BE IT FURTHER RESOLVED, That the Common Council is willing to commit the resources -of the Mayor, Planning Department and any other appropriate agency to reach such a resolution. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearin - -C and D Trans ortation By Al erman Schlat er: Seconded by Alderman Holman RESOLVED, That the public hearing be opened to consider the applica- tion of C and D Transportation, to operate a motor bus line between the Villages of Endicott, Owego, Newark Valley and the City of Ithaca, New York. Carried Unanimously 'rim Joseph, Brooktondale, representative of Ecology Action, spoke to the Council, urging approval of the application of C and D Transporta- tion. 434 -4- April 5, 1982 Resolution By Al erman Schlather: Seconded by Alderman Dennis RESOLVED, That the public hearing to consider the application of C and D Transportation be closed. Carried Unanimously Alderman Schlather noted that there would not be presented the resolution for voting (Item XV -B) as C and D Transportation have requested delay of one month in order to furnish further information to the Charter and Ordinance Committee which it had not been able to put together to date. He expects to present the resolution at the May meeting of Common Council. ADDITIONS TO THE AGENDA: Charter and Or finance Committee Alderman Schlather informed the Council that he had distributed copies of resolutions concerning Items IV -A and C which were prepared after the agenda was mailed. This was due to the committee meeting being held after the agenda was prepared and mailed. COMMUNICATIONS: Mayor Shaw reported that he had received a communication from Alderman Clynes that she would be willing to do some work with respect to the Franklin Delano Roosevelt Centennial. Tompkins County Economic Opportunity Corporation Mayor Shaw reported that he had received a letter from Carol Sczepanski, President, Board of Directors, Tompkins County Economic Opportunity Corporation, addressing the community garden site, urging the City to attempt to retain the present community garden site, asking the City to assure the community a garden site for the 1982 growing season, and promising all possible assistance in facilitating these efforts. Mayor Shaw commented that he would share the communication with both the Common Council and the Urban Renewal Agency. Ratepayer's Hearing- -NYSEG Mayor Shaw referred to a letter from Charles Minster, CSP and Cathy Tezyk, POWUR, to the Ithaca City Council, inviting them to attend a '- ratepayer's hearing in Auburn, N.Y. on Wednesday, April 7, at 7:30 p.m. Two.groups, the Coalition for Safe Power and People Outraged With Utility Rates, sponsored the hearing to be held at West Middle School auditorium, 217 West Genesee Street to enable NYSEG bill payers to voice their opinions on the latest 27% rate hike requested by the utility. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Marlene Darfler, 212 Cleveland Avenue, presented the following petition containing 19 signatures: "We, the residents of the 200 block of Cleveland Avenue would like to bring to the attention of the Common Council our concern regarding the flow of traffic on our portion of Cleveland Avenue. Our block is situated between Corn Street and Route 13. The Mister Donut shop is at the Route 13 Corner. Our block, therefore, becomes the runway for large commercial trucks, speeding cars, town trucks, telephone company trucks, etc. on the way to and from Mr. Donut, as well as a short cut for drivers trying to avoid the light at Clinton Street and Route 13. We, the residents of Cleveland Avenue have tried to keep the resident ®I atmosphere alive in the ever increasing commercialism of the South Si< between Clinton and Green Streets, Plain and Meadow. This constant f—'W and speed of traffic is making our block unsafe for children and noisy and congested for residents. We are therefore asking Common Council to consider directing the City Planning and Development Department to consider studying the feasibility of restricting traffic on Cleveland Ave. Thank you for your time and consideration." Mayor Shaw referred the petition to the Planning and Development Committee for discussion. -5- April 5, 1982 435 Commun.i Gardens I'r0'ect Diane Ruther ord, Coordinator of Community Gardens project, addressed the Council, urging them to make every effort possible to retain the Community Gardens site. Miss Rutherford presented the following petition, containing 138 signatures: "Dear Mr. Mayor, We, the undersigned, urge your strong support for the preservation of the Ithaca Community Gardens at their present location. The Gardens . provide about $10,000 worth of produce to the community every year (approximately $400 for each of 250 households). Ninety -six percent of garden users are below the poverty level. The present site is by far the best location available, in terms of accessibility to those who need it, and in terms of soil quality (it took six eea�rs of hard work to build up that soil!) And city purchase of the land would not cost city tax dollars: purchase money has already been provie through federal community development grant. Saving the Gardens will save money in food stamps and other aid. N hi Q d ',. The City made a commitment to purchase the Gardens land, and should do everything in its power to make good on that commitment. The Planning Department and the City Attorney should be directed to make every effort to complete the purchase as soon as possible. Approaches might include: establishing that the City has legal claim to the land based on ex- pressed intent to purchase; identifying the buyer and offering him /her an alternative location on city property; rezoning the land to preclude commercial development; enforcing the city's right of eminent domain. Please help us save this invaluable community resource. Thank you." *See page 15. C0116 etown Development Program Tom Hanna, 21n Eddy Street, spoke to the Council as representative of the East Hill Civic Association, commenting that they were feeling a little lack of airing of issues regarding the Collegetown Development Program. Alderman Dennis pointed out that according to the schedule of events, after the resolution is.passed by the Council, it will then be taken up by the IDRA. A joint meeting of the Planning and Development and Budget and Administration Committees which includes all of Council will be held (possibly April 14) at which time the Collegetown issue will be aired. CITY ATTORNEY'S REPORT: Cornell' Heights Zoning Case City Attorney'Tavelli reported that this case is still pending in the courts. He said he appeared last Thursday; the matter is possibly on the August 6 calendar, however, the judge also predicted it would not be reached until February 1983 for the first arguments. Topless Dancing City Attorney Tavelli reported courts have spoken with respec was very close (4 -3) the Court that topless dancing is a form and is to be accorded at least City of Ithaca would be better the courts have spoken. upon researching the subject, the t to this issue and although the decision of Appeals in clear language has stated of expression, like art and sculpture, limited protection. In his opinion the off not taking up the subject because Billboard Decision City Attorney 'avelli reported that he received a decision from Judge Swartwood. It is a very complicated legal issue involving courts in a number of states who have decided in a number of different ways; it involves federal statutes and federal laws. The judge stated the federal government possibly had an intent to get rid of some billboards but when they passed the law requiring municipalities to pay for them it probably had exactly the opposite effect. There is no money in this municipality to spend hundreds of thousands of dollars to tear down billboards. Our statute has been declared constitutional; however, the judee has stated we have to pay for billboards within so many 436 -6- April 5, 1982 hundred feet of federally aided highways. Ile said that an appeal of the decision is in order; when the order comes he intends to file a notice of appeal and go ahead protecting the appeal unless Council thinks otherwise. HUMAN SERVICES COMMITTEE: iYorking Dog Program K -9 Unit) By Alderman BAR RE: E: Seconded by Alderman Schuler WHEREAS, the Police Chief and the Police Commissioners have recommended continuation on a trial basis of the Working Dog Program of the Ithaca Police Department, and WHEREAS, the Human Services Committee has reviewed the reports sub - mitted by Officer Anthony J. Denmark; — RESOLVED, That the Human Services Committee recommends continuation of the Working Dog Program (K -9 Unit) through the remainder of 1982, and BE IT FURTHER RESOLVED, That if the Police Chief and the Police Commissioners wish to have the Working Dog Program continued into 1983 that they so indicate by submitting a budget request for 1983. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: G.I.A.C. Equipment Purchase By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That the 1982 Authorized Equipment List for be amended to include the purchase of a typewriter for cost not to exceed $879, and the General Fund G.I.A.C., at a BE IT FURTHER RESOLVED, That the $879 required for the purchase this typewriter be transferred within the G.I.A.C. 1982 adopted as recommended by the Youth Bureau Director, as follows: -of $375 from A7311 -101 Salaries and $504 from A7311 -310 Office Supplies to A7311 -220 Office Equipment. Carried Unanimously Fire Department Equipment Purchase By Alderman Holman: Seconde by Alderman Banfield RESOLVED; That the 1982 Authorized Equipment List for the General Fund be amended to include the purchase of a tree trimmer for the Fire Department, at a cost not.to exceed $200, and BE IT.FURTHER RESOLVED, That the $200 required for the purchase of this tree trimmer he transferred within the Fire Department 1982 adopted Budget as recommended by the Fire Chief, as follows: $200 from Account A3410 -230 Motor Vehicles to A3410 -250 Other Equipment Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Banfield, Hoffman, Holman, Killeen, Myers, Clynes, Schuler, Dennis Nay (1) - Schlather Absent (1) - Hol.dsworth Carried Budget Appropriation Transfer By Alderman Holman: Seconded by Alderman Banfield RESOLVED, That this Common Council approves the transfer of $3,120 from the Department of Public Works Highway Account A5111 -230 Motor Vehicles to Street Administration Account A5010 -407 Contractual Services, to cover cost overrun on the Fuel. Management System as requested by Board of Public Works action March 24, 1982. 0 -7- Discussion followed on the floor. April 5, 1982 437 A vote on the resolution resulted as follows: Carried Unanimously 1983 Revenue Sharing Applications By Alderman Holman: Seconded by Alderman Banfield WHEREAS, the City of Ithaca has set a deadline for receiving Revenue Sharing Applications for July 1, 1982, and WHEREAS, due to anticipated budget constraints for the year 1983, it • is questionable that the City will be able to appropriate any Revenue Sharing Funds to human service providers, and WHEREAS, this Common Council does not want to exclude the possibility of a human services provider having a unique idea that, if funded through Revenue Sharing, would directly result in a savings of dollars; N W Q Q NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca will receive applications for Revenue Sharing Funds for 1983, provided the applica- tions conform to the following criteria: 1. The proposal must be for something that is unique (not the traditional capital investments or staff positions). 2. The proposal must clearly indicate how a savings would result from its implementation. 3. The proposal must meet all criteria for Revenue Sharing. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 1982 Executive sation P nt By Alderman Holman: Seconded by Alderman nanxiela RESOLVED, That the 1982 Executive Union Compensation Plan be amended as follows: 1. The position of Assistant to the Superintendent of Public Works (DPW) be removed from Grade 5 and placed on Grade 6, with a salary range of $22,583 to $31,666. 2. The position of City Engineer be deleted from Grade 6 and placed on a new established Grade 7, with a salary range of $23,938 to $33,566. Carried Unanimously Executive Sala r a Increases By Alderman Holmn: econded by Alderman Banfield WHEREAS, this Common Council, on February 3, 1982, approved the re- alignment of the Department of Public Works, and WHEREAS, due to this realignment, the City Engineer and the Assistant to the Superintendent of Public Works (DPW) have assumed additional responsibilities; NOW, THEREFORE, BE IT RESOLVED, That the City Engineer be placed on ' Grade 7, Step IX, of the 1982 Amended Executive Union Compensation Plan, at a base salary of $33,566 per annum, effective February 1, 1982, and that the Assistant to the Superintendent of Public Works (DPW) be placed on Grade 6 „ Step IX, of the 1982 Amended Executive Union Compensation Plan, at a base salary of $31,666 p. er annum, effective February 1, 1982. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 438 -8- April 5, 1982 V 1981 Annual Report By Alderman Holman: Seconded by Alderman Killeen RESOLVED, That this Common Council acknowledges the receipt of the 1981 Finance Department Annual Report. Audit By Alderman Holman: Seconded by RESOLVED, That the bills audited Administration Committee, in the listed on Audit Abstract #6/1982, Carried Unanimously Alderman Dennis and approved by the Budget and total amount of $24,164.55, as be approved for payment. Carried Unanimously 0 West Clinton Street and Meadow Street Land Transfer By Alderman Holman: Seconded by Alderman Ban iel WHEREAS, the Board of Public Works, at a regular meeting held on February 24, 1982, did find that additional street right -of -way is required southwest of .the existing intersection of West Clinton Street and South Meadow Street in order to rebuild and realign said intersection to increase safety and decrease motorist delays there and that the owner of said property where the right -of -way is re- quired, Cornell University, has shown a willingness to sell said property or to exchange it for the existing right -of -way, which would no longer be of use to the City of Ithaca when the realignment is completed, and WHEREAS,. The Board of Public Works did declare at such meeting that upon acquisition of the new right -of -way the City's existing right -of- way shall be surplus property having no further public works value and did request Common Council's approval to dispose of said surplus property, reserving any necessary rights to City -owned utilities thereon; NOW, THEREFORE, BE IT RESOLVED, That the present City of Ithaca right - of -way (.designated as Parcel 2 on the City Engineer's map entitled "West Clinton Street Relocation R.O.W. Taking Map," dated March 22, 1982) may be transferred to Cornell University, or otherwise sold and, or disposed of in order to facilitate acquisition of an additional street right -of -way presently owned by Cornell University (designated as Parcel 1 on the afore - mentioned map), reserving any necessary rights to City -owned utilities thereon. Carried Unanimously Common Council recessed at 9:00 p.m. Common Council reconvened in regular session at 9:10 p.m. PLANNING AND DEVELOPMENT COMMITTEE: Recycling Task Force By Alderman Dennis: Seconded by Alderman Killeen WHEREAS, an improved and more.comprehensive source separation is a matter of concern for the City of Ithaca and Tompkins County, and WHEREAS, the City has established a task force to study and recommend strategies to deal with the problems of separation and recycling and in order to carry out such a program, Common Council RESOLVES, That the City continue the Recycling Task Force for follow - up study of the.City's options for source separation and recycling, and BE IT FURTHER RESOLVED, That the City continue to work with the Count' Source Separation Committee to implement compatible recycling systems for the City and County, and BE IT FURTHER RESOLVED, That the City study a municipal leaf - baling program such as that operated in Batavia, New fork, and BE IT FURTHER RESOLVED, That the City develop a source separation and recycling education program because an educational program concerning the value of recycling is needed regardless of whether or not the City chooses to initiate a new collection system, and =g- April 5, 1982 439 BE IT FURTHER RESOLVED, That the City authorize the Task Force to solicit letters of interest from private businesses and non - profit agencies regarding a source separation and recycling program for the City, and BE IT FURTHER RESOLVED, That the City study existing municipal source separation legislation and modify it as needed for any new source separation and recycling program, and _ BE IT FURTHER RESOLVED, That the City work with community groups to ensure that valuable community services now funded by recycling (such as those performed by Kiwanis Club) are not terminated by a new recycling program, and BE IT FURTHER RESOLVED, That the City retain the glass crusher, blue stake truck and conveyor previously used by Challenge, and still owned by the City, and .BE IT FURTHER RESOLVED, That the City schedule an appointment with the Department of Environmental Conservation for a pre - application conference, to discuss the types of program possibilities and the (y) City's eligibility for funding. (ti Amendment to Resolution W By Al erman Ho man: Seconded by Alderman. Dennis First WHEREAS - add "and recycling programs," after separation RESOLVES - That the "Recycling Task Force continue for follow -up. study" to replace first line First BE IT RESOLVED - That the "Recycling Task Force" in place of City Second BE IT RESOLVED - Add "further" following study ® Third BE IT RESOLVED - That the "Recycling Task Force and Conserva- tion Advisory Council" in place of City Fifth BE IT RESOLVED - That the "Recycling Task Force" in place of City; also, "recommend modification" in place of modify Sixth BE IT RESOLVED - That the "Recycling Task Force" in place of City Seventh BE IT RESOLVED - Delete "blue stake truck" Eighth BE IT RESOLVED - That the "Recycling Task Force and Conserva- tion Advisory Council" in place of City Carried Unanimously AMENDED RESOLUTION By Al erman Dennis: Seconded by Alderman Holman WHEREAS, an improved and more comprehensive source separation and recycling program is a matter of concern for the City of Ithaca and Tompkins County, and WHEREAS, the City has established a task force to study and recommend strategies to deal with the problems of separation and recycling and in order to carry out such a program, Common Council RESOLVES, That the Recycling Task Force continue for follow -up study of the City's options for source separation and recycling, and BE IT FURTHER RESOLVED, That the Recycling Task Force continue to work with the County Source Separation Committee to implement compatible recycling systems for the City and County, and BE IT FURTHER RESOLVED, That the City study further a municipal leaf - baling program such as that operated in Batavia, New York, and 440 -10- April 5, 1982 BE IT FURTHER RESOLVED, That the Recycling Task Force develop a source separation and recycling education program because an educational program concerning the value of recycling is needed regardless of whether or not the City chooses to initiate a new collection system, and BE IT FURTHER RESOLVED, That the City authorize the Task Force to solicit letters of interest from private businesses and non - profit agencies regarding a source separation and recycling program for the City, and BE IT FURTHER RESOLVED, That the Recycling Task Force study existing • municipal source separation legislation and recommend modification as needed for any new source separation and recycling program, and — BE IT FURTHER RESOLVED, That the Recycling Task Force work with community groups to ensure that valuable community services now funded by recycling (such as those performed by Kiwanis Club) are not terminated by a new recycling program, and BE IT FURTHER RESOLVED, That the City retain the glass crusher and conveyor previously used by Challenge, and still owned by the City, and BE IT FURTHER RESOLVED, That the Recycling Task Force and Conserva- tion Council schedule an appointment with the Department of Environ- mental Conservation for a pre- application conference, to discuss the types of program possibilities and the City's eligibility for funding. Carried Unanimously Collegetown By Alen Dennis: Seconded by Alderman Schuler WHEREAS, the City of Ithaca is considering undertaking an economic development project in Collegetown in cooperation with Cornell University, and WHEREAS, appointment of a lead agency will facilitate the speedy and reasoned participation in this decision by the various concerned `- City Boards and Committees; NOW, THEREFORE, BE IT RESOLVED, That the Common Council does designate the Ithaca Urban Renewal Agency as lead agency in the Collegetown project. Alderman Schlather commented that it is very important that the Council take a very active interest in this project. It is going to be a very critical decision whether or not they go forward with the project. He strongly urged all Council, members to read the materials, attend the meetings and get the. appropriate data base so that the decision will be an intelligent one. A vote on the resolution resulted as follows: Carried Unanimously Hydropower Benjamin Nichols, a member bf the Ithaca Energy Committee, spoke to the Council, providing background for the interest in possible develop- ment of a source of power, and described the process of the City getting involved. Resolution is By Alderman Dennis:. Seconded by Alderman Myers WHEREAS, the Common Council has established a Hydropower Commission to study the possibility of developing a hydropower plant on Fall Creek at Ithaca Falls, and WHEREAS, this issue is complex involving many factors, among those environmental, economic, and legal, and WHEREAS, the present deadline for the public comment period on pending license applications is May 6, 1982; II co N W Q Q -11- April 5, 19841 NOW, THEREFORE, BE IT RESOLVED, That this Common Council does request that FERC allow a 45 -day extension of the public comment period, and BE IT FURTHER RESOLVED, That this Common Council does request intervenor status in the FERC proceedings on the proposed Ithaca Falls Water Power Project when appropriate findings of fact have been made. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: Push Carts Attorney Michael Pitchel, counsel ior Richard H. Healey and Janet L. Hanna, requested permission to address the Council. He was denied his request by Mayor Shaw who stated he had had ample opportunity, either at the Committee level, or at the public hearing. Discussion followed on the floor. Resolution By Al e man Banfield: Seconded by Alderman Killeen RESOLVED, That the counsel for the push cart operator be allowed to speak. Ayes (8) - Banfield, Hoffman, Clynes, Schlather Nay (1) - Holman Absent Cl) - Holdsworth Killeen, Schuler, Dennis, Myers, Carried Atty. Michael Pitchel spoke to the Council on behalf of his clients, Richard H. Healey and Janet L. Hanna, stating that a number of merchants, mostly tenants, are attempting to usurp the Commons as their own property, as though it is a shopping center instead of a public street, particularly the peripheral streets. He said upon reading the reports of the City Attorney and the Commons Advisory Board, it appears they have come to a similar conclusion. He said lie researched the problem and found that the streets of the State of New York are for pedestrian traffic, vehicular traffic and for commerce. He submitted that at present there are no rules or regulations of the City of.Ithaca to keep his clients off the Commons or off the peripheral streets. Resolution By Alderman Schlather: Seconded by Alderman Clynes WHEREAS, Richard H. Healey and Janet L. Hanna, the owners of the "Follow Your Nose Foods" vending cart, have appealed to the Common Council from the denial by the Commons Advisory Board of their appli- cation for a permit to use a vending cart on the Ithaca Commons for the sale of speedies, hot dogs and non - alcoholic beverages; and WHEREAS, it appears that this denial of permit was and is consistent with a policy of the Commons Advisory Board to prohibit all vending carts from both the Primary and Secondary Commons; and WHEREAS, it is now the express and clear intention of Common Council to permit vending carts in both the Primary and Secondary Commons districts, subject to reasonable regulations as more fully referred • to below; and WHEREAS, Common Council recognizes that the Ithaca Commons is a unique facility designed to provide an attractive commercial center, as well as a community focal point for non - commercial events and activities for the people of the City of Ithaca; and WHEREAS, Common Council recognizes that the Primary Commons district was designed as a pedestrian mall, striking a careful balance between the health, safety and aesthetic needs of the pedestrian public and commercial activity; and WHEREAS, the Primary Commons district was created in 1974 as a pedestrian mall, closed to street and vehicular traffic; and 442 -12- April 5, 1982 WHEREAS, the Common Council further recognizes that the Secondary shopping area located in the Central Business District is a shopping area which combines carefully designed sidewalks for pedestrian use and streets for vehicular traffic, all of which promote the health, safety and aesthetic needs of the pedestrian and vehicular public; and WHEREAS, it appears that congestion, litter, odor, unsightly appearance, pedestrian and vehicular traffic, competing use of space for other public events and activities, food preparation, storage and service, sanitation, fires, hours of operation, movement and fees are factors t be considered and developed in establishing reasonable regulations fo the use of vending carts in both the Primary and Secondary Commons districts; NOW, THEREFORE, BE IT RESOLVED, That the Commons Advisory Board's denial of a permit to Richard H. Healey and Janet L. Hanna, as owners of the "Follow Your Nose Foods" vending cart for use of the vending cart on the Ithaca Commons, Primary and Secondary districts, be and the same is hereby reversed; and the application for the permit is remanded to the Commons Advisory Board for review and processing in .accordance with and after certain rules and regulations are recommended and adopted therefor consistent with the following guidelines: For vending carts in both the Primary and Secondary Commons districts the rules and regulations shall be reasonably related to the protection. of the health and safety of the public, and the preservation and promo- tion of the aesthetic qualities of the Ithaca Commons. In this connection specific rules and regulations should be developed to control: litter.; sanitation, including food preparation, storage and service; fires; smoke and odors; pedestrian and vehicular traffic; congestion, including number of carts; vending locations; movements of vending carts; hours of operation; competing use of space for other public events and activities, both occasional and regular; unsightly appearance of the vending carts; and permit fees, both monthly and yearly. For vending carts in the Secondary Commons district, the shall reflect the cost of regulating vending carts in the permit feM district. For vending carts in the Primary Commons district, the permit fees shall reflect both the cost of regulating vending carts in the district and the value of the space allocated to the vending cart by the permit. These rules and regulations shall be developed by the Commons Advisory Board and recommended to Common Council no later than July 1, 1982, for review and adoption thereafter; and BE IT FURTHER RESOLVED, That pending the review and processing of Richard H. Healey's and Janet L. Hanna's application for a permit pursuant to the rules and regulations to be developed and adopted as set forth above, the Commons Advisory Board be and the same is hereby directed to issue a temporary permit to Richard H. Healey and Janet L.. Hanna to sell speedies, hot dogs and non - alcoholic beverages from a vending cart to be located at a site designated by the Commons Advisory Board in the Secondary Commons district, effective April 23, 1982. Discussion followed on the floor. Questions were answered by Alderman Schlather and City Attorney Tavelli. A vote on the resolution resulted as follows: ( Ayes 6) - Hoffman, Schuler, Dennis, Myers, Clynes, Schlather Y Nays (3) - Holman, Banfield, Killeen — Absent (1) - Holdsworth Carried C and D Transportation Action on this item has been postponed until the May meeting of the Council. -13- April 5, 1982 443 Munici al Code Book --Ph sical Revision By Al erman Schlather: Secon ed bN Alderman Killeen WHEREAS, the existing Ithaca Municipal Code binders are too small, in many cases worn out, for their intended purpose; NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Clerk be and is hereby authorized to purchase up to 100 larger replacement binders from Municipal Consultants $ Publishers, Inc. at no more than $11.80 per binder for general city use as well as for repurchase by private users, to be made out of Common Council's general budget. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Killeen, Schuler, Dennis, Holman, Myers, Clynes, Schlather Nays (2) - Banfield, Hoffman Absent (1) - Holdsworth Carried CONSERVATION ADVISORY COUNCIL: (� Alderman Hoffman commented Mat the Conservation Advisory Council now C�J has 8 of its 9 seats filled, and the previous week had met with a W quorum for the first time in months. Q Beverage Container Deposit Legislation By Alderman Hoffman: Seconded by Alderman Schuler WHEREAS, carbonated soft drink and beer bottles and cans create problems of litter and costs for its cleanup, add to the volume of solid waste and its transportation and disposal costs, and represent the use of limited natural resources, especially energy, and WHEREAS, requiring a.mandatory deposit on all beverage containers sold in the State of New York would to a great extent alleviate these �• problems, and WHEREAS, proposed legislation now under consideration in the New York State Legislature (Senate Bill 2831, Assembly Bill 9777) would require a five -cent deposit on all carbonated beverage containers, and would, according to a 1982.Report of the Governor's.Office of Development Planning, save municipalities $25 million in solid waste costs, produce a net gain of over 5000 jobs, and not have "severe or unmanageable adverse effects" on the beverage industry; NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca Common Council reaffirms its support of beverage container deposit legislation and urges the passage of State Senate Bill 2831 and Assembly Bill 9777. Discussion followed on the floor. Tabl_iIn Resolution By Al lc erman Holman: Seconded by Alderman Banfield RESOLVED, That the Beverage Container Deposit Legislation resolution be tabled until the May meeting of Council, giving the Council an opportunity to review the bills, and that a synopsis of the bills be attached to the May agenda. • Discussion followed on the floor. A vote on the tabling resolution resulted as follows: Ayes (8) - Banfield, Hoffman, Clynes, Schlather Nay (1) - Schuler Absent (1) - Holdsworth Killeen, Dennis, Holman, Myers, Carried REPORT OF SPIiCIAL COMMITTEES: Human Services Coalition outh Services Study: Alderman Holman reported that a draft has been prepared with focus on 444 -14- April 5, 1982 planning and coordination of youth services within the City. A meeting will be held at noon on Wednesday, April 7, at the Human Services Coalition office to review the draft with Youth Bureau Director, Chairman of Council Human Services Committee, Chairman of Youth Bureau Advisory Board and other interested parties. Social Impacts on Potential County Move(s) Study: Alderman Holman reported that the deadline for return of survey questionnaires to agencies being considered for relocation and clients was that day. The report will be reviewed by the Human Services Coalition Board on Thursday, April 15, and forwarded to the county on April 16.� It will be available to the City and public about April 20 with decis.' by the county not expected before early May. 1983 Budget: Alderman Holman reported the budget request to the City for 1983 is $7,133 (1982 budget was $6,605) or an increase of 7.990. Board of Public Works Liaison's Report Brick Pavement--State Street: Alderman Banfield reported that the Board has not closed the door to the use of brick pavement on State Street, but have stated their plan for next year; if the people who were going to supply the informa- tion make it available, it will be considered. Study of Parking and Traffic Patterns: Alderman Banfield.reported that there is an ongoing study of parking and traffic patterns. The meetings will be made known to those members of Council who want the information. Petition on Cleveland Avenue Traffic Problem: Alderman Banfield reported receiving a petition referring to directing Planning and Development; he believes it is a Board of Public Works matter and asked that it be referred to the Board. Alderman Dennis reported that Planning and Development are already involved in the matter. Discussion followed on the floor. ITHACA RENEWAL Mayor Shaw reporte days the previous on the audit whit AGENCY /COMMUNITY hat [IUD officials week doing an audit h went very well. VELOPMENT COMMISSION: ad been in Ithaca for five There will be a written report UNFINISHED AND MISCELLANEOUS BUSINESS: Franklin Delano Roosevelt Centennial Commission Alderman Clynes reported that she wishes to obtain the Four Freedom prints by Norman Rockwell, which Franklin D. Roosevelt had felt . to be masterpieces, to hang in City Hall until the end of the commemoration. Resolution By AH rman_Clynes: Seconded by Alderman Schlather BE IT RESOLVED, That the City of Ithaca join with the State of New York in commemorating the Centennial of Franklin Delano Roosevelt's birth; the commemoration extending from January 30, 1982 to the 50th Anniversary of Franklin Delano Roosevelt's first inaugural, March 4, 1983. Carried Unanimously UNFINISHED AND MISCELLANEOUS BUSINESS: Community Gar ens Mayor Shaw reported having had conversations with the agent of the prospective buyer of the Community Gardens site, as well as with staff, EOC and others and said he felt encouraged in respect to the possibility of renting some or all of the present site. Discussion followed on the floor concerning alternative comparable sites, staff responsibility, users' responsibility, contacts, etc. It was pointed out that the Council would like to have some specific recommendation as to what sites would be acceptable or feasible. I 101 N hi d a 0 -is- ' 5, 1982 445 Im lementatioI of Si nallin in Nest End Al erman Sclilather asked what the status of the two -way radio contact with the disaster coordinator is. Mayor Shaw commented that City Engineer Cox had reported about six weeks ago that the system is opera- tional. Conrail's representative is in direct communication by radio with the county dispatcher. There is a written understanding between Conrail and the county disaster coordinator. Alderman Banfield will check with the City Engineer and report back. NEW BUSINESS: New York Conference of Ma ors and Munici al Mayor Shaw calle attention to communication Conference of Mayors and Municipal Officials workshop for new village and city officials, through April 24, 1982 at the Albany Hilton find it possible to attend. from the New York regarding an orientation to be held April 22 Inn. He urged all who Common Council Retreat- Seminar Mayor Shaw commented t at some of the members of Council had been considering.a one -day retreat - seminar in way of staff development themselves as paid officials of the City of Ithaca. He doesn't know if it would be subject to the Open Meetings Laws- -parts might be. Aldermen Holman, Schuler and Clynes were delegated to put.together some specifics for Council to look at. ADJOURNMENT: On a motion the meeting adjourned at 11:37 p.m. *From page 5: Douglas Dylla, 109 Auburn Street, spoke to the Council concerning the Community Gardens site, asking where they are to go with their ideas. He said the Council refers them to IURA who tells them, "you can speak but we can't save this site." He asked the Council to designate a group that they can work with to find solutions to the problem. J sep A. Run le, XCity Clerk William R. Shaw, Mayor