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HomeMy WebLinkAboutMN-CC-1982-05-05COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. May 5, 1982 447 PRESENT: Mayor - Shaw Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Myers, Schlather, Schuler _ OTHERS PRESENT: City Controller - Spano Dep. City Controller - Caf£erillo 46 Personnel Administrator - Collins Fire Chief - Tuckerman Fire Commissioner - Anderson Supt. of Public Works - Kinsella Director, Planning $ Development - Van Cort Board of Representatives - Nichols City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayor Shaw led all present in the Pledge of Allegiance to the American (Y) flag. MINUTES: � Alderman Clynes directed attention to the Minutes of April 5, 1982, p. 5, para. 2 under Colle etown Development Program, in which Alderman CI Dennis commented that a joint meeting of the.Planning.and Development and Budget and Administration Committees which includes all of Council will be held. . . . Alderman Clynes pointed out that she and Alderman Hoffman are not on either of the committees; therefore were not included in the meeting. Alderman Schlather requested correction on p. 9; the last BE IT FURTHER • RESOLVED of Amended Resolution should read, "That the Recycling Task Force study further a municipal leaf - baling program. " Resolution y�Alderman Schlather: Seconded by Alderman Schuler RESOLVED, That the Minutes of the April 5, 1982 meeting be approved as corrected. Carried Unanimously ADDITIONS TO THE AGENDA: Human Services Committee Alderman an ield requested addition of an item, Report of Youth Bureau Fee Schedule -- Possible Resolution. No Council member objected. Planning and Development Committee Alderman Banfield requested the addition of an item XII. B2: a resolution concerning Hydropower. Mayor Shaw commented that it was acceptable under the condition that the resolution be passed around so that all could read it. Budget and AdministrLo i.on Committee • Al erman Holman reque: :ted an a dition to Item B, Youth Bureau Authorized Equipment; and a substitution for Item E, Traffic Violations Bureau resolution. No Council member objected. Mayor Mayor Shaw requested approval to move Mayoral appointments so they could be made before Communications from the Mayor. No Council member objected. 444 -2- May 5, 1982 MAYOR'S APPOINTMENTS: Desi n Review Board D4ayor S aw requested approval of the appointment of Karen Tasjian, 206 Cornell Street, to the Design Review Board for a term to expire December 31, 1983. Resolution By Alderman Dennis: Seconded by Alderman Killeen RESOLVED, That this Council approves the appointment of Karen Tasjian, 206 Cornell Street, to the Design Review Board for a term to expire December 31, 1983. Carried Unanimously Ms. Tasjian took the oath of office and was sworn in by the City Clerk. Youth Bureau Advisory Board Mayor Shaw requested approval of the appointment of Irene Jessen, 111 W'. Yates Street, to the Youth Bureau Advisory Board for a term to expire December 31, 1984. Resolution By Alderman Banfield: Seconded by Alderman Killeen RESOLVED, That this Council approves the appointment of Irene Jessen, 111 W. Yates Street, to the Youth Bureau Advisory Board for a term to expire December 31, 1984. Carried Unanimously Ms. Jessen took the oath of office and was sworn in by the City Clerk Commons Advisory Board Mayor Shaw requested approval of the appointment of Millicent Lounsberry, 102 Oakwood Lane, to the Commons Advisory Board for a term to expire December 31, 1983 to fill the vacancy caused by the resignation of Mr. Jules Lichter. Resolution By Alderman Clynes: Seconded by Alderman Schuler RESOLVED, That this Council approves the appointment of Millicent Lounsberry, 102 Oakwood Lane, to the Commons Advisory Board for a term to expire December 31, 1983. Carried Unanimously COMMUNICATIONS: Tompkins County Nuclear Weapons Freeze Campaign Mayor Shaw reported receiving a communication dated April 29, 1982, and signed by Physicians for Social Responsibility, Educators for Social Responsibility and Tompkins County Nuclear Weapons Freeze Campaign, summarizing a meeting held on April 15, with attachment calling on both the county and city governing bodies. A copy of the communication is available in the City Clerk's office. He referred the communication to Human Services Committee for consideration. Ithaca Falls Mayor 6haw read a letter from Rita Hendrik expressing concern for the falls if a hydropower plant were to be located there. A copy of the letter is available in the City Clerk's office. Community Gardens Mayor Shaw reported receiving a letter from Kristina Elmstrom, 117 Sears Street, expressing concern about potential development of the parcel of land on First Street known as the Community Gardens. A copy of the letter is available in the City Clerks office. — PETITIONS AND OF PERSONS L: Collegetown PetYtion Step en A. Fontana, 401 Eddy Street presented the following petition containing 48 signatures: "Ile, the undersigned business and professional people of the College- town area, encourage Common Council to proceed with the Collegetown Development Project currently being considered. It is our feeling that the long -term benefits of a parking facility and beautification will more than outweigh any short -term business reaction during constructio.n." -3- May 5, 1982 449 Collegetown Project Dr. Reuben 1Veiner, 1021 Hector Street, read the following letter dated May 5, 1982, addressed to Mayor Shaw, members of Common Council and members of Ithaca's Urban Renewal Agency: "This letter is presented tonight for the public record. Most of our city's residents and business people cannot tolerate further significant raises in our taxes for a multimillion dollar parking garage on Dryden Road, which they will not use and cannot afford. If Cornell University or Collegetown merchants insist on a 3.5 to 10 million dollar (or more after financing) parking garage, we urge that they pay for it and maintain it themselves, or that they obtain funding for it independent of our already overburdened taxpayers' pocketbooks. Please consider the construction, repair and daily policing and mainten- ance costs of our Seneca and Green Street parking garages. These at_ least are more centrally located and are used by a greater percentage of city taxpayers, but many Ithacans question whether their benefits justify the one - quarter million dollars net loss to the city each year. N Our city's debt limit has been weakened considerably.by continual W spending in recent years. Let us all learn from the past and stop spending money we do not have. These are hard times, as illustrated Q by an empty Rothschild's store, struggling Center Ithaca, rising Q unemployment, terribly high interest rates and the many people here and throughout America already facing bankruptcy. Might it not be more prudent to pave a parking lot nearby.for fifteen to twenty cars at a fifteen to twenty thousand dollar cost in College- town for the time being? Please reflect carefully and resolve not to commit our city's taxpayers to the cost or maintenance of this multi- __ million dollar structure tonight or ever in the future. Stop before you go too far! We suggest that you act responsibly and representatively for thrift in your voting and spending records tonight and hereafter. Yours truly, Ithacans for Thrift in Government (15 signatures)" Statement of Commendation Robert Johnson, 403 College Avenue, presented the following statement: "I would like to commend our Mayor, the Common Council, city planners, the several city boards and others who have so.far participated in the orderly process of studying, reviewing and understanding the Collegetown Development Program presented to us by the American City Corporation. I have great faith in the integrity, wisdom, and fairness of those who will ultimately decide what is best for our whole city. One can only be impressed with the observed frequent attendance of most council members at sessions where Collegetown Development matters were pre- sented or discussed. Therefore, I know that this council will put aside all emotion and bias and will vote to move forward now to the next step; which is further study and development of the best plan for the proper execution of needed Collegetown improvements." • Trolley on Buffalo Street Robert P of , 309 College Avenue, spokesperson for the Ad Hoc Committee for Bringing the Trolley Back to Ithaca, spoke in favor of bringing the trolley, or funicular,back to Ithaca as a means of transportation between Collegetown and the Downtown. lie wished to go on record as it being an idea in which everyone can get involved. Alderman Killeen commented that Mr. Pfaff served the City of Ithaca as volunteer of N9 for a number of years and was familiar with the neighborhood. Mayor Shaw referred the suggestion to the Board of Public Works by Liaison Banfield, and to the Energy Committee. 450 -4- May 5, 1982 Collegetown Project Gus Lambrou, 414 Street, owner of Stone Travel Agency, spoke to the Council in favor of the Collegetown project and expressed the hope that the City would proceed with Collegetown Development. Traffic Violations Bureau Jim Hennerty, 214 Prospect Street, representative for the Civil Service Employees Association, spoke to the Council saying he had submitted two written presentations on the matter of the employees of the Traffic Violations Bureau. He reiterated how strongly he felt about the poino made in the presentations, to emphasize that the two women employees there should be retained at the salaries that he feels they are entitled to, particularly in view of the services they provide, the excellent skills they provide and the fact that it is one of the few city operations that produces quite a bit of revenue. He offered to answer any questions the Council might have when the item comes up on the agenda, and suggested they might wish to go into Executive Session as.discussion might deal. with specifics concerning the matter. Collegetown Project Anne Clavel, 109 Cornell Street, spoke to the Council as being opposed to City money being invested in Collegetown. She said Collegetown is essentially a bedroom and parking lot for Cornell, and the commercial uses there serve those two.purposes. She believes that very stringent planning and development controls are needed there, as well as a separate policy for taxing. Collegetown Project Ellen Rosten, 205 N. Willard Way, President, Collegetown Enhancement Association, spoke in favor of Collegetown project which she feels is long overdue. She feels the City should proceed with the project, if reports show it to the city's advantage, even if Cornell does not h th st s are a co Hydropower arolyn Peterson, 110 Day Street, Chairman, Fall Creek Civic Associa- tion, spoke to the Council saying the Fall Creek Civic Association is-- opposed to hydropower being developed in Ithaca by anyone. Lilly Reichmann, 217 Willard way, presented the following petition signed by 62 residents of Willard Way and Lake Street: "The undersigned strongly oppose the construction of a hydroelectric power plant at Ithaca Falls. A hydroplant would not only-mar the beauty of one of Ithaca's major natural assets, but would encroach on the residential character of the area. The relatively small kilowatt gain does not warrant the destruction of the spectacular site at the base of the falls, severe reduction of the flow over the falls, loss of aquatic life and use for recreational pursuits. We urge Common Council to discourage and prevent any outside -or- local interest group from erecting a hydroelectric plant at Ithaca Falls." Spencer RoAlderman SM Mather presented the following petition, signed by forty - three residents of Spencer Road and S. Meadow Street Extension: "We are residents of Spencer Road and the adjacent area in the City of Ithaca, New York. We are concerned about the traffic on Spencer Road. We are concerned about the safety of those who live, play and travel in our neighborhood. Specifically, we petition the City of Ithaca for three measures which we believe will provide a greater degree of safety and protection for those who use our neighborhood streets: (1) Installation of three "STOP" signs at the intersection of South Meadow Street and Spencer Road, instead of the current one sign. -5- May 5, 1982 451 (2) Strict enforcement of the 30 MPH speed limit by the Ithaca City Police. (3) Installation of well - placed street pavement "bumps" which dis- courage through traffic." Alderman Schlather said he intends to send copies of the petition to the Board of Public Works, Supt. of Public Works, Mayor and Police Chief, and anyone else who wishes to have a copy. Ithaca Downtown Business Women Alderman Banfield read the following letter which he had received from the Ithaca Downtown Business Women: "Whereas, the Ithaca Downtown Business Women are vitally concerned with the economic well -being of the City of Ithaca and the.continuing natural beauty of the area, and Whereas, the Ithaca Downtown Business Women believe the Ithaca Falls and Fall Creek Gorge to be among the outstanding natural attractions j� bringing visitors to our region, and Whereas, the Ithaca Downtown Business Women support all community N efforts to encourage tourism as a local industry, and LLJ Q Whereas, the Ithaca Downtown Business Women believe the historic and Q scenic Ithaca Falls should be preserved for the appreciation of future generations; Now, therefore, be it resolved, That the Ithaca Downtown Business Women believe that the City should discourage any development within the Ithaca Falls and Fall Creek Gorge site and explore any and all possibilities of preserving the area in its natural state. The above resolution was passed at the regular meeting May 3, 1982. Cornelia H. Hill, Vice President 136 Cascadilla Park Ithaca, New York" COMMUNICATIONS FROM MAYOR: NYS Conference of Mavors and Other Municipal Officials Mayor Shaw reported receiving notice of the Annual NYS Conference of Mayors and Other Municipal Officials. The 73rd annual meeting of cities and villages will be held at Grossinger's Hotel, Grossinger, N.Y. from June 6 through 10, 1982; the theme for this year is "New Directions for Cities and Villages." Mayor Shaw suggested anyone interested in attending the conference contact Ruthann Brown of the Mayor's office for specifics. Agenda Items Mayor Shaw requested that the Council, particularly committee chairmen, notify the Clerk's office, Mayor's office and department heads affected of agenda items, especially additions, corrections or changes. Capital Improvements Review Committee Ma -- yor Shaw announced the appointment of the Capital Improvements - -- Review Committee as required by the Administrative Code which specifies ' two members from Common Council, Board of Public Works and Planning Board. He appointed the following: Elva Holman, James Dennis -- Common Council Peter Rogers, Robert Holdsworth -- Planning Board Gerald Schickel, Kenneth Walker- -Board of Public Works CITY CLERK'S REPORT: 1982 City Roster City Cler Run le reported that the 1982 City Roster is presently at the printer's and should be available early next week. EALIAM 1 m KIM May 5, 1982 List of Cler Run l Appointments City e reported that he had prepared a list as requested by Council of the appointments made by the Mayor, Common Council and Mayor with Council's approval. CITY ATTORNEY'S REPORT: Pushcart on the Commons City Attorney Tavelli reported that he had received regulations from the Commons Advisory Board and was for legality. He will try to havq a recommendation Advisory Board for their meeting on May 14, 1982. the proposed reviewing them for the Commons City Attorney Tavelli reported that there has been a pushcart on the Commons which appeared a week ago Saturday and that cart has been in a spot not proposed and licensed by the Commons Advisory Board. The owners of the cart have been issued an Appearance Ticket in Ithaca City Court for each day they have been operating without that license. Earlier that day Mr. Tavelli met with the City Judge and Prosecutor - and the attorney for the pushcart operator and that matter is pending in City Court. The Judge has granted the defendants 21 days to file motions with respect to the legality or illegality of the statute and of the various charges. Under the City.Charter the City Prosecutor is charged with prosecuting that matter farther. City Attorney Tavelli is working with him to see that the various codes and regulations are upheld. Mayor Shaw commented on the situation, saying this issue has generated a great deal of interest on the part of several members of Council, is of vital concern to members of the Commons Advisory Board, members of the Downtown Ithaca Business Association and members of the community. It is his impression that we have a very simple case of civil dis- obedience by the owners of the pushcart who have chosen to locate on the Commons. He said their lawyer is quite aware of our proposed process. He explained the options the City has in handling the case, and reported that he has asked City Attorney Tavelli to work with th� City Prosecutor in pursuing the citations, as well as to prepare a legal memorandum. He also will work with.the Charter and Ordinance Committee and Commons Advisory Board to expedite the process for a July resolution. In answer to a question from Alderman Schlather, Mayor Shaw stated he was following the advice of the City Attorney, and that there will be, no effort to secure a temporary or permanent injunction at this time. Discussion followed on the floor. Questions were answered by City Attorney Tavelli with respect to other cases pending. BUDGET AND ADMEN COMMITTEE: Plannin De artment ut orize E ui ment By Al erman olman- Seconded y Alderman Holdsworth RESOLVED, That the 1982 General Fund Authorized.Equipment List.be amended to include the purchase of a Bruning White -print machine as requested by the Planning Department, at a cost not to exceed $1,860, and BE IT FURTHER RESOLVED, That $1,860 be transferred from the Contingent Account A1990 to Planning Department Account A8020 -220, Office Equipment. A vote on the resolution resulted as follows: Ayes (9) - Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Myers, Schlather, Schuler Nay (1) - Banfield Carried Youth Bureau Authorized E ui ment By Alderman }Iolman: Secon.e by Alderman Killeen (1) RESOLVER, That the 1982 General Fund Authorized Equipment List be amended to include the purchase of a Sanyo Cassette Player as re- quested by the Youth Bureau Director, at a cost not to exceed $100, and -7- May 5, 1982 453 BE IT FURTHER RESOLVED, That $100 be transferred from Youth Bureau Account A7310 -311, Program Supplies to Account A7310 -250, Other Equipment. Carried Unanimously By Alderman Holman: Seconded by Alderman Schuler (2) RESOLVED, That the 1982 General Fund Authorized Equipment List be amended to include the purchase of an Ice Machine as requested by the Youth Bureau Director, at a cost not to exceed $1,200, and BE IT FURTHER RESOLVED, That $212 be transferred from Youth Bureau Account A7310 -401, Telephone, to Account A7310 -250, Other Equipment. Carried Unanimously Colle e rAmvenHuo lmCa ta1 coject Expenditure an By Prn e by Alderman Dennis WHEREAS, the City of Ithaca, Cornell University and representatives of community groups have been working for some time on a joint plan for the redevelopment. of Collegetown which would include a Performing Arts Center, a parking structure, and a variety of newly constructed, privately owned buildings, and (y) WHEREAS, the City of Ithaca and Cornell University jointly hired the N American City Corporation to examine the feasibility of this develop - W ment program for Collegetown, and GL I Q WHEREAS, the American City Corporation's report indicates that this program-is economically feasible and can physically be accommodated on the site, and WHEREAS, the proposed program has many benefits for the Collegetown area and the City at large, and WHEREAS, many questions remain which can only be answered through • further examination of the area's development potential, and WHEREAS, consultant fees, a developer packet, advertising and travel may be required to answer these questions and examine the area's development potential in more detail; NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves that a maximum of $6,000 be allocated from the College Avenue Capital Project No. 149, for the purposes outlined above. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Killeen, Schuler, Dennis, Holdsworth, Clynes, Schlather, Holman, Myers Nays (2) - Banfield, Hoffman Carried G.I.A. C. Employee Salary Increase By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That Cassandra Haddon, R,!c:reation Attendant with G.I.A.C., be granted a salary increase to $3.50 per hour, as requested by the Youth Bureau Director, effective May 3, 1982. • Carried Unanimously Council recessed at 9:00 p.m. and reconvened in regular session at 9:08 P.M. MAYOR'S APPOINTMENT: Youth Bu­r_e�_fu__AJ'visory Board Mayor Shaw requeste approval for appointment of Christine Neimeth, 205 Fallview Terrace, to the Youth Bureau Advisory Board for a term to expire December 31, 1984. 454 -8_ May 5, 1982 Resolution By Alderman Schlather: Seconded by Alderman Clynes RESOLVED, That the Council approves the appointment of Christine Neimeth, 205 Fallview Terrace, to the Youth Bureau Advisory Board for a term to expire December 31, 1984. Carried Unanimously Miss Neimeth took the oath of office and was sworn in by the City Clerk. Traffic Violations Bureau Alderman Holman presented a brief background of the reasons for the following resolution: By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That Joan Russell be temporarily appointed to the position of Account Clerk on Step 7 of the C.S.E.A. 1982 Compensation Plan, with an annual salary of $10,401, pending approval of City Civil Service and State Civil Service Commission; and that Maureen Troy be temporarily appointed to the position of Clerk on Step 7 of the C.S.E.A. 1982 Compensation Plan, with an annual salary of $9,189, pending approval of City Civil Service and State Civil Service Commissions, and BE IT FURTHER RESOLVED, That a promotional examination be considered by the City Controller after evaluation of the duties of the positions. Amendment to Resolution By Alderman Dennis: Seconded by Alderman Banfield RESOLVED, That the above resolution be amended so that Joan Russell be temporarily appointed to the position of Account Clerk on Step 8 of the C.S.E.A. 1982 Compensation Plan, with an annual salary of $10,816, pending approval of City Civil Service and State Civil Service Commission; and that Maureen Troy be temporarily appointed to the position of Clerk on Step 9 of the C.S.E.A. 1982 Compensation Plan with an annual salary of $9,939 . . . . Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (6) - Banfield, Dennis, Hoffman, Killeen, Schuler, Clynes, Nays (4) - Holdsworth, Holman, Myers, Schlather Carried Main Motion as Amended RESOLVED, That Joan Russell be temporarily appointed to the position of Account Clerk on Step 8 of the C.S.E.A. 1982 Compensation Plan, with an annual salary of $10,816, pending approval of City Civil Service and State Civil Service Commission; and that Maureen Troy be temporarily appointed to the position of Clerk on Step 9 of the C.S.E.A. 1982 Compensation Plan, with an annual salary of $9,939, pending approval of City Civil Service and State Civil Service Commissions, and BE IT FURTHER RESOLVED, That a promotional examination be considered by the City Controller after evaluation of the duties of the positions. Ayes (7) - Banfield, Hoffman, Killeen, Schuler, Dennis, Myers, Clynes Nays (3) - Holdsworth, Holman, Schlather �. Carried Golf Pro Contract By 1 erman Holman: Seconded by Alderman Schlather WHEREAS, negotiations have been entered into with Mr. Steven Torrant to provide professional services to the City of Ithaca as Golf Pro at the Newman Municipal Golf Course, and WHEREAS, both parties have come to an agreement on the terms and conditions of said contract, and 455 May 5, 1982 WHEREAS, the City attorney has reviewed and approved the form and conditions of said contract, and WHEREAS, the Board of Public Works has authorized the Mayor to sign a three (3) year contract with Mr. Steven Torrant on behalf of the City for $17,000, effective January 1, 1982, with a maximum escala- tion of 9% in subsequent years, in such form as shall be approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves a • transfer of funds, not to exceed $6,000, from the Contingent Account A1990, to the Golf Course Account A7250 -407, Contractual Services, and BE IT FURTHER RESOLVED, That the City Controller is directed to make all other necessary adjustments to the Golf Course Accounts as may be required. Discussion followed on the floor. A vote on the resolution resulted as follows: (� Ayes (3).- Schlather, Clynes, Holdsworth (v Nays (6) - Hoffman, Killeen, Schuler, Dennis, Holman, Myers w Abstention (_1) - Banfield Q Motion Defeated Q D.P.W. Authorized E iii IDent y Alderman olman: econ ed by Alderman Schlather WHEREAS, bids were received for supplying a tandem roller in accordance with specifications, for a net bid price of $16,379, plus the optional towing packet, at a bid price of $4,327, and WHEREAS, the 1982 General Fund Authorized Equipment List provided $15,000 for the purchase of a tandem roller; • NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves the purchase of a tandem roller,.with an optional towing packet, for a total bid price of $20,706, as recommended by the Board of Public Works, and BE IT FURTHER RESOLVED, That $5,706 be transferred from Maintenance of Roads Account A5111 -230, Motor Vehicles, to Account A.5111 -240, Street Equipment. Carried Unanimously Audit By Alderman Holman: Seconded by Alderman Banfield RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee, in the total amount of $17,619.01, as listed on Audit Abstract #8/1982, be approved for payment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Collegetown • By Alderman Dennis: Seconded by Alderman Killeen WHEREAS, the City of Ithaca, Cornell University and representatives of community groups have been working for some time on a joint plan for the redevelopment of Collegetown which would include a Performing Arts Center, a parking structure, and a variety of newly constructed, privately owned buildings, and WHEREAS, the City of Ithaca and Cornell University jointly hired the American City Corporation to examine the feasibility of this develop- ment program for Collegetown, and WHEREAS, the American City Corporation's second phase report indicates that this program is economically feasible and can physically be accommodated on the site, and 456 -10- May 5, 1982 WHEREAS, the proposed program has many potential benefits for the Collegetown area and the City at large, and WHEREAS, many questions remain which can only be answered through further examination of the area's development potential, and WHEREAS, proceeding with this step offers the City an opportunity to look carefully at the financial obligation of this plan, and WHEREAS, the Ithaca Urban Renewal Agency, and the Planning and Develo ment Board, Board of Public Works, and the Planning and Development Committee have recommended that the Council proceed with the develop- ment of the Collegetown project; -- NOW, THEREFORE, BE IT RESOLVED, That the Common Council directs staff to proceed with the next phase of development of a Collegetown re- development proposal in order that the costs and benefits of the project can be more fully understood, that further work with private' developers can be done to see whether a development package advantageous to the City can be structured, that negotiations with the University as t6-the distribution of project costs can proceed, that appropriate changes in zoning be considered, that further examination of a local tax benefit district be undertaken, that the choice between a parking structure and on -site parking can be made, that more accurate assess- ments of parking demand and traffic patterns can be made and that, if all elements can be put into place, an application be prepared for federal or state funding for review by the IURA /CDA and Council, and BE IT FURTHER RESOLVED, That upon completion of the above listed items, the Collegetown development project will be brought back to the IURA and to the Common Council for final action before any final commitments are made or application submitted to the potential funding agencies. Ayes (8), - Killeen, Schuler, Dennis, Holdsworth, Holman, Myers, Clynes, Schlather Nays CZ) - Banfield, Hoffman Carried Hydro ower Project Resolution No. 1 By Alderman Dennis: beconde by Alderman Schuler RESOLVED, That Common Council authorize the Mayor to submit by June 7, 1982 a protest /comments to the Federal Energy Regulatory Commission in accordance with the recommendations and suggested comments of the Hydropower Commission; BE IT FURTHER RESOLVED, That Common Council authorize the Mayor to submit by June 7, 1982 a notice of intent to file an application for a license to the Federal Energy Regulatory Commission; BE IT FURTHER RESOLVED, That Common Council authorize the Department of Planning and Development and the Department of Public Works to jointly initiate a search for an engineering consultant capable of preparing a preliminary design for a hydropower plant at Ithaca Falls; no contract with said consultant shall be signed until approved by Council; BE IT FURTHER RESOLVED That Common Council authorize the Department of Planning and Development to assist a designated agent in preliminary negotiations with Cornell University and Synergies, Inc. regarding a number of issues and alternatives associated with City involvement in the hydropower plant construction and operation; BE IT FURTHER RESOLVED, That the designated agent shall report any and all progress in such negotiations to the Planning and Development Committee on or before May 26, 1982. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holman, Myers, Schlather Nays (2) - Banfield, Clynes Carried Resolution No. 2 -11- May 5, 1982 457 By Alderman Banfield: Seconded by Alderman Hoffman WHEREAS, there has been much discussion and community disagreement over the proposal to develop a HYDROPOWER GENERATING PLANT within THE ITHACA FALLS GORGE, and WHEREAS, Ithaca Falls is the pride of the Fall Creek Neighborhood and the Ithaca Community, and WHEREAS, the development of a hydropower plant within the Ithaca Falls Gorge could potentially have many negative and irreversible effects on the neighborhood and the gorge, and WHEREAS, there is significant community resistance to any development within the area known as Ithaca Falls, and WHEREAS, it is possible that none of the final hydropower p °oposals will be acceptable to the City of Ithaca; NOW, THEREFORE, BE IT RESOLVED, That in the process of further studying the various proposals for hydropower development within the Ithaca Falls Gorge site, that the City Planning P, Development staff and the ('7 City Attorney also explore the legal ways and means available to prevent N any hydropower development within the Ithaca Falls site, and, if necessary, make arrangements to retain legal counsel in environmental W law; it is also understood that no contract for such counsel shall be entered into until approved by Common Council of the City of Ithaca, Q and BE IT FURTHER RESOLVED, That the Department of Planning and Development and the City Attorney shall report their findings to the Planning and Development Committee on or before May 26, 1982. Amendment to Resolution By Alderman Schuler: Seconded by Alderman Holman • RESOLVED, That the fifth, or final, WHEREAS be deleted from the resolution.' Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (3) - Holman, Dennis, Schuler Nays (5) - Banfield, Hoffman, Clynes, Schlather, Holdsworth Abstentions (2) - Myers, Killeen Motion Defeated A vote on the main motion resulted as follows: Ayes (8) - Hoffman, Banfield, Killeen, Schuler, Dennis, Holdsworth, Clynes, Schlather Nays (2) - Myers, Holman Carried CHARTER AND ORDINANCE COMMITTEE: C and D Transportation By Alderman Schlather: Seconded by Alderman Killeen WHEREAS, G 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 Itliaca, New York, and WHEREAS, a public hearing was held by the Common Council in accordance with the New York State Transportation Corporation Law at 7:30 p.m. on April 5, 1982 in the Common Council Chambers, after legal advertise- ment as provided by law; NOW, THEREFORE, BE IT RESOLVED, That the Common Council does hereby grant approval, pursuant to Section 66 of the Transportation Corpora- tion Law, to C and D Transportation Company of R.D. 1 Newark Valley, New York to operate a motor bus line in the City of Ithaca on and along the route described in its application with the right and privilege of receiving and discharging passengers at the following seven locations along said route: 458 -12- May 5, 1982 1. 2. 3. 4. S. 6. 7. Dlorse Chain on South Aurora Street National Cash Register Therm Inc. Ithaca College Cornell University Woolworth bus stop Seneca Street Parking Ramp bus stop BE IT FURTHER RESOLVED, That this approval and consent is conditioned further upon the requirement that the buses owned and operated by C and D Transportation shall not pick up passengers on the proposed city route for transport to any other point along that route within the City of Ithaca unless the fare for that particular service is at least twice.as great as the general Ithaca transit fare then in effect. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Closin Out Sales By Al erman Schlather: Seconded by Alderman Holdsworth WHEREAS, Chapter 16, Article III, Sections 16.31 through 16.38 of the Municipal Code entitled "Closing Out Sales" are superseded by Article 29F of the General Business Law of the State of New York entitled "Going Out of Business Sales;" and WHEREAS, the aforesaid Municipal Code provisions more comprehensive aforesaid State Legislation; NOW, THEREFORE, BE IT RESOLVED, That Chapter 16, 16.31 through 16.38 of the Ithaca City Municipal Out Sales" be and the same is herewith rescinded Ithaca City Municipal Code. Discussion followed on the floor. merely duplicate the Article 3, Sections Code entitled "Closing and deleted from the AlMk A vote on the resolution resulted as follows: Carried Unanimously HUMAN SERVICES COMMITTEE: Hos ita1 Use Al erman Banfield reported that he and Alderman Holman had attended a county meeting at which Planning Director Liguori had presented his thoughts and ideas on different uses for the old hospital, including the proposed move of some agencies to that facility. Mr. Banfield said he reported back to the Human Services Committee and to the Chairman of the Planning and Development Committee. He also reported that the county will conduct a public hearing on Thursday, May 13 in the Tompkins County Library concerning use of the old hospital. n 14 See p. Mrs. Nichols reported that because of the great expense of keeping the Biggs complex insured, heated and guarded, the proposal has been accepted that that building shall be jointly available for mixed public and private use. The County has been considering what depart- ments could be moved. The Board of Elections, Assessment Office, Planning, Jail and Probation cannot be moved. The iffices in which the chiefs of management have not objected to moving are the Office for the Aging, Stop DWI Coordinator and the Department of Social Services. The move would have the greatest impact on Social Services both on the employees and the clients. Mrs. Nichols answered questions of the Council and offered to share any information she has on the subject with them. Cornell Tax Case Mrs. Nichols commented that the move by Cornell University to ask that 12 buildings be removed from the County Tax Rolls also affects the City and School District. She said that Mr. Williamson will be working closely with the City Attorney in sharing information and taking a united stance. -13- May 5, 1982 459 Ithaca Area Wastewater Treatment Plant Mrs. Nichols reporte t at the County is going to have its own analysis of what its share of the cost should be. They don't want to accept automatically the recommendations of the City's design consultant as to what a fair share of the price would be. She stated that the City should be very sure of its figures. Fee Structure for Youth Bureau Pro rams _ Alderman Banfield called attention to a memo addressed to Mayor Shaw and Common Council from Youth Bureau Director Cutia regarding Fee Structure for Youth Bureau Programs which includes a new category, Family Memberships. Discussion followed on the floor and questions were answered by Alderman Banfield. Resolution By A— l�man Banfield: Seconded by Alderman Killeen RESOLVED, That the Council approves the proposed Fee Structure for Youth Bureau Programs as recommended by the Youth Bureau Advisory Board. Carried Unanimously W W CONSERVATION ADVISORY COUNCIL: Beverage Container De— osit Legislation Q By Alderman Ho fman: Seconde by Alderman Schuler RESOLVED, That the Beverage Container Deposit Legislation resolution be lifted from the table and presented to the Council, as follows, for their consideration. 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 extend 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, and BE IT FURTHER RESOLVED, That the City Clerk is directed to send a copy of this resolution to State Senator William T. Smith, and State Assemblyman Hugh S. MacNeil, and to the chair of the Assembly Commerce and Senate Commerce Committees. Discussion followed on the floor. I A vote on the resolution resulted as follows: 6 Carried Unanimously REPORT OF SPECIAL COMMITTEES: Joint Wastewater Treatment Plant BP!V Liaison Banfiel.d reported that at its meeting of April 10, 1982 the Special Joint Subcommittee (JS) adopted a resolution to name the new joint wastewater treatment plant, "Ithaca Area Wastewater Treat- ment Plant." This name was chosen from a list of many and is believed to express the area of service in a representative yet simple way. 460 -14- May 5, 1982 Resolution By Alderman Banfield: Seconded by Alderman Dennis RESOLVED, That this Common Council accept the recommendation of the SJS and name the new facility, "Ithaca Area Wastewater Treatment Plant." Carried Unanimously ITHACA ITY DEVELOPMENT COMMISSION: Community Gardens Mayor Shaw reported that an agreement is being negotiated on a lease from the owner of Community Gardens to CDC; and are also working . on a draft of a lease from CDC to EOC. He reported that all basic disagreements and concerns have been resolved. He also reported that a list of approximately 25 garden spots has been provided to CDC which will be investigated by staff. Strand Theatre Mayor Shaw reported that the Strand Theatre is making progress on its improvements, and will submit a final report to Southern Tier East Regional Planning and Development Board on May 13. ENERGY COMMISSION: Alderman Holman reported that the Budget and Administration Committee did look briefly at the proposal for an Employees Incentive Plan and decided to forward it to a representative from the Department of Public Works and the Energy Commission, and the Personnel subcommittee to draw up the guidelines within the perimeters that State Law permits. The Commission continues with in -house analysis of energy use of city buildings, and they will consider at their next meeting a proposal from the Department of Public Works on the use of alternative kinds of lamps for street lighting. UNFINISHED AND MISCELLANEOUS BUSINESS: of sc it 's Mayor Shaw reported that a committee has been created, composed of 6 people of the Tompkins County Area Development Committee who meet — weekly and are working with staff. They are meeting with interested tenants, receiving inquiries, pursuing some other tenants, monitoring the bankruptcy proceedings, etc. Mayor Shaw said he will be glad to answer questions Council may have at any time. NEW BUSINESS: Hour o Aeet. IT y Alderman Banfield: Seconded by Alderman Dennis RESOLVED, That the meetings of Common Council for the months of June, July and August be held at 8:15 p.m. instead of 7:30 p.m. A vote on the resolution resulted as follows: Ayes (9) - Banfield, Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holman, Clynes, Schlather Nay (1) - Myers Carried ADJOURNMENT: On a motion the meeting adjourned at 11:26 p.m. *Continued from p. 12 Bd. of Representatives member Nichols spoke to the Council, saying it looks as though the City will have to call on all its allies to prevehl Social Services from moving out of the City. She said the City needs to take a strong position on behalf of residents and city people working in those offices. that the move should not take place hastily. The move, in respect to the convenience of the workers, has been studied; in respect to clients, it has not been studied. 65e rjA. Run le, City e �r William R. Shaw, PlayOT