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HomeMy WebLinkAboutMN-CC-1984-07-11[ Cf.) (. ) j C0 CD CITY OF THACA, NEW YORK 3�y J Regular Meeting 8. _ .1� P, n4, July !_J -, 1984 PRESENT: Ma),or Gutt(,,)1) _ :i, ge.c Aldermen (1.(1) Cummii;PS i<;nnis, Iialrie lio:ff�n�,n 'It .d:;wc; .11 1 illoen; OTHERS PRESENT: City — Controller JI) FI ) Director, Plal-ining i71: vc ii ;278i uii i,U� 1. Asst. City Attorney Bennett Building Commissioner -- Hoard Personnel. Administrate —c Besi_ .-hat,: Corporate Counsel - Stijnrba. Police Chief - Herson Deputy Fire Chief - Reeves Deputy City Controller Caffevillo City Clerk - Rundle B.P.W. Commissioner - Gerkin Fire Commissioner -- Anderson Developer - Travis PLEDGE OF ALLEGIANCE: Mayor Guten erger led all present in the Pledge of Allegiance to the American flag. MINUTES:. Approval of Minutes of the June 6, Alderman Schlather requested the o 1984 Meetin; owing corrections: On page 11, Human Services Committee, asbestos removal at the Tin Can, tabling motion—, add Carried Unanimously. On page 1S, Charter and Ordinance Committee, reapportionment, para- graph five should read, "RESOLVED, That the City Clerk is directed (60001� to forward copies of this resolution to members of the Board. of Representatives." Resolution By Alderman Schlather: Seconded by Alderman Killeen RESOLVED, That the minutes of the June 6, 1.984 and June 22, 1984 meetings be approved as corrected. �,arried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing -- Propose Zoning Map Amendment -- Valentine Place Resolution to Open Public Hearing By Al arperson Haine: Secon e by alderman Schlather RESOLVED, That the Public Hearing to consider the proposed Zoning Map Amendment -- Valentine Place, be declared open. Carried. Unanimously Mayor Gutenberger reported to the Council that the City is in receipt of protest from Ithacare, protest from Valentine Associates, and a. letter dated June 26 and postmarked on July 10 from the County, stating that they have not had enough time to review this zoning map amendment. There will be no vote on this matter until the next meeting of the Common Council because of this action by the Tompkins County Planning Department. The following persons spoke in favor of rezoning Valentine Place to R -la: Rishi Raju, 919 E. State Street Bryna Fireside, 105 Valentine Place Don Enichen, 101 N. Geneva Street (Ecology Action) - -2- July 11, 1984 380 The following person spoke in opposit.i.on of rezoning Valentine Place to R- la iJilliam Healy, Administrator, Itha.care Joseph Rabinowitz, 912 E. State Street, spoke to the Council regardins; the Tompkins County Planning Department's letter. He feels it is un~ fair to th.e people to have a. vote on a zoning map amendment without a public hearing immediately prior to the vote. Mayor Gutenberger responded to Mr. Rabinowitz' concerns, and answered questions from the public. Resolution to Close Public Hearing By Alderman Dennis: Seconded by Alderman Schlather RESOLVED, That the Public hearing to consider the proposed Zoning Mal) Amendment -- Valentine Place, be declared closed. Amendment to Resolution By Al erman Killeen: Seconded by Alderman Schlather Alderman Killeen requested that the resolution read as follows: RESOLVED, That the Public Hearing to consider the proposed Zoning Map Amendment -- Valentine Place, be adjourned, Carried Unanimously A vote on the Main Motion as Amended resulted as follows: Carried Unanimously ADDITIONS TO THE AGENDA: Human Services Committee AA Merman Hoffman requested the following: Item A. Fire Department Roster-- Filling of Vacancy -- change from possible resolution to resolution.. No Council member objected. CHANGE IN ORDER OF AGENDA: Charter -an 0 r7a finance Committee Alcerman Sc hlat her requested the Council to move up Item :VIII -A, Valentine Place Rezoning- Resolution, so they could table it until the neat meeting. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Ithaca Television Ca le Comm ssion Robert Fletcher, Chairman, It aca Television Cable Commission, spoke to the Council regarding the amount of mail he has received on the changes in the ACC programming lineup, but there are some possibilities for seeking; relief to the "tilust. Carry Rule ", and if the Council would like to ask the Commission to do something along those lines, the Commission would be more than happy to do So. Resolution Petition Tor a Waiver of the Must Carry Rule By Alderman Romanowski: Secondedl sy- uerman Schlather RESOLVED, That the Common Council and the Mayor directs the Chair of the Ithaca Television Cable Commission to request of FCC a petition of wa:ivcr to the "Must Carry Rule ". Carried Unanimously Notice of Public hearing Robert Fletcher, Chairman, Ithaca Television Cable Commission, re- ported that there will be a public hearing on August 14, 1984, at 7:30 p.m., in the Common Council Chambers to hear complaints against ACC. 10 (,yi `t. (: f I --'1. D Lv- { Collegetown Development and Parking N 1 The following persons sp— ode in aVOT Of tl]e Col.legetown. Development: Steve Fontana, 401 Edd)� Street Robert ?f,hrs ;n, 40 Co! I cue Avc cue Keith �)b-iufl,:ti °, 3:i:5 Iligljgate Road Ellen Ro�.ten, 29S N), �ti 11ar�i lV�ay MAYOR'S APPOINTMENTS: Civil Service Co m s -sion Mayor Gui:e- better requester, €il, i.ot,:,r i 7 to apl;rr,� = � appoi.ni:roeni: of Irene Schickel , /0.'. ] . Sunrisc Ifvad, o i'lic CJ 17� J �C "V]_CO CGmii11_SSlOn, with a term to expire May 31, 1990. Resolution By Alc erman Schlather: Seconded b-,- A Iderman Hol dsworth RESOLVED, That this Common Council iApproves t:he appointment of Irene Schickel, 202 Sunrise Road, to the Civil Service Commission with a term to expire May 31, 1990. Carried Unanimously CORPORATE COUNSEL'S REPORT Cornell Heights Case Corporate Counsel Stumbar reported that the brief in the Cornell Heights, Cornell University vs the City of Ithaca Board of Zoning Appeals was submitted on June 1Sth. The Cornell_ Heights residents also hired a lawyer and submitted a brief, taking the same position as the City did, with respect. eo t.ry i rig 'i_o >I-Op Cornell expansion into Cornell }Heights. The aj) -,peal sholzlcl be argued i-rk September with a decision in November. Billboards Corporate Counsel Stumbar reported that the City had a large victory in the Roy Park sign ordinance case regarding reimbursement. The old law used to be that we would have to reimburse the fair market value of the signs. In October 1983 the law was changed to read reimburse- ment is required only if the period of amo7 "ti zat ion of the signs was unreasonable. Given the long length of time we have been tied up in litigation, our period of amortization becomes more and more reasonable. Prohibition of Guns in Six Mile Creek Area Corporate Counsel Stum ar reported that there will be a memorandum forthcoming from him prohibiting carrying guns in that area. Forest Home Drive Corporate Counsel Stumbar reported that the memo on Forest Home Drive has been completed and the City will be meeting with Cornell University on the Forest home Drive situation soon. CHARTER AND ORDINANCE COMMITTEE: Valentine Place Rezoning By Alderman c11at er: Seconded by Alderman Holdsworth ORDINANCE NO. 84- AN ORDINANCE AMENDING THE ZONING MAP, SECTION 30.22 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 areas presently in the R -3a Residential District and P -1 Public Use District are reclassified and changes to the R -la Residential District: All -that tract or parcel of land situate in the City of Ithaca and described generally as follows: -4- July 11, 1984 Beginning at a point located on the southerly boundary of East State Street at its intersection with the westerly property line Of 901 East State Street; thence easterly along the southerly boundary of East State Street, which is also the northerly boundary of the currently zoned R -3a District, to the westerly boundary of the currently zoned R -lb Residential District; thence southerly along the westerly boundary of said R -lb Residential District to a point on said line as it bounds the existing P -1 District marked by the intersection of the city water line with the R -lb boundary, which point is just northerly of the Six -Mule Creek gorge rim; thence K. a generally westerly direction along the course marked by the current placement of said water line as it bends and curves through the existing P -1 zone to the southeasternmost corner of the most easterly structure now standing on the so- called Ithacare site currently locate in the P -1 zone; thence along the southernmost outline of said structure and adjacent structures to the northwestern corner of the westernmost adja- cent connected building to a point marked by the intersection of said corner with a sanitary sewer line; thence along the course marked by the route of said sanitary: sewer line as it bends and curves in a roughly northwesterly course which is roughly parallel. to the Six Mile Creek • gorge rim to a point marked by the eastern boundary of the public right -of- way at the confluence of Quarry Street, Ferris Place, and the so- called Columbia Street footbridge; thence along the easterly boundary of said public right -of -way in a generally northeasterly direction to the existing southerly boundary of the R -3a District which fronts on East State Street; thence along the southerly boundary of said R -3a District, which is also the rear property lines of the southern or southwesterly 800 block of East State Street to the westernmost boundaries of the property located at 901 East State Street; thence along the western boundary of said property known as 901 East State Street to the point or place of beginning; excepting herefrom and retaining and continuing as a P -1 District all that parcel or tract of land within the aforesaid described property which is itself known and described as follows: Beginning at a point marked by the southwesterly corner of the property known and designated as 901 East State Street; thence in a generally enerall southeasterly direction along the rear property lines of the 900 block of East State Street to a point located on the rear property lines of the properties situated on the west side of Valentine Place, which line is also located on the northeasterly boundary of the so- called Ithacare site; thence generally southwesterly along the rear property lines of the Westside Valentine Place properties, which is also the easterly boundary of the so- called Ithacare site to a point marked by the intersection of said line with a gas utility line now located on the Ithacare premises which is northerly of the driveway which connects Valentine Place to the Ithacare buildings; thence along a course marked by the route of said gas utility line to the east side of a culvert; thence to the south and around and including said culvert to the west.side of said culvert; thence in a.generally northeasterly direction along a line which. is 50 feet westerly of the center course OE a drainage ravine to a point in the southerly line of the existing R -3a zone which Fronts on East State Street; thence along said southerly boundary of said R -3a zone approximately 50 feet to the point or place of beginning. SECTION `L. The aforesaid description shall be added to the "Official Zoning Map of the City of Ithaca, New York" as a footnote so as to better define this district. Tabling Motion By 111cTerman Schlather: Seconded by Alderman Holdsworth RESOLVED, That the resolution on Valentine Place Rezoning be tabled until the regular August: meeting. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: 38: Collegetown Development ByAlderperson Cumml.ngs:. Seconded h y Alderman ICille(,.r) WHEREAS, the City of Ithaca, Cornell University, representatives Of community gr'oupS, :xnd Travi <2n:1 'I'rav:i ., the ( .dj ti011al pre- ferred developer for th,-; Collegetown project, ) -mve been working for some time on the j > i n t p'i ar) for t:he redevel opmernt: of Colle <;etown which would include a performing arts center, additional parking, street and park improvements, and newly constructed privately owned buildings, and WHEREAS, the City has an una; _ceptabl -y l.ow vvacancy rai-c for all. housing and in particular for rental housing for low- and moderate- income people, and WHEREAS, parking for both residents and commercial enterprises in and around Collegetown continues to be a. cliron.ic problem, and. WHEREAS, the City oi-- Ithaca has pr(:\? i ously desigi-jal ed Travis and Travis as the conditional preferred developer for Collegetown, first for a housing project, and then for a. hotel project which proved. to In be financially infeasible, and WHEREAS, the U.S. Department of Housing and Urban Development: has ( °) published regulations for a new program known as the Housing Develop- ment Action Grant Program which provides below market financing for [_n production of housing, particularly for low. acid mode; ,--ate- income rental housing, and WHEREAS, the City of Ithaca has been found to be eligible for part- icipation in this program, and WHEREAS, the deadline for submission to MUD for applications is August 14, 1984, and WHEREAS, Travis and Travis has requested that the City continue their conditional preferred developer status for an 80 -unit, 200 -bed residential project on the Collegctoivn redevelopment site, and WHEREAS, Travis and Travis has requested that the City submit to HUD an application for funding under the HODAG program so that 200 of the proposed new housing can be made available for low- and moderate - income people; now, therefore, be it RESOLVED, That the Common Council confirms the designation by the IURA of Travis and Travis as preferred developer for the College- town redevelopment project, and be it further RESOLVED, That the Common Council hereby give approval in concept to Travis and Travis, proposal for construction of an 80 -unit residential and retail project with 100 of the square footage to be reta.i.l. and 200 of housing units to be rented at low rents as specified by HUD regulations, subject to City design review as described in the option proposal dated June 13, 1983, and be it further RESOLVED, That the Common Council hereby indicate its commitment to authorize the Mayor to submit a HODAG application for the Travis and Travis project subject to applicable federal regulation and further subject to negotiations on the HODAG payback terms, and be it further RESOLVED, That Common Council direct. the IURA to proceed to sell land or air rights at fair market value to Travis and Travis as required in accordance with jointly approved design subject to negotiation on the value and terms of payment of said land or air rights, and subject to final approval by Common Council, and be it further RESOLVED, That the Common Council indicate its intention to allocate sufficient funds for design and construction of a 1S0 to 200 space parking garage on the development site, subject to further negotiation with the developer, with construction allocation subject to award of HODAG financing to the developer, and be it further -6- July 11 ,1984 38 RESOLVED, That Common Council hereby direct that funds now allocated for the Collegetown Development Pro -iect be partially committed to d - of the parking portion of the project in an amount not to I _' 61 exceed $5,000. Discussion followed on the floor. Amendment to Resolution Alderman Romanowski Alderma h rB Seconded by RESOLVED, That the 5th resolved be amended to read as -follows: RESOLVED, TF)at the Common Councij 1neti_cat.es its intention to allocate sufficient funds for design, construction and maintenance of a 150- 200 space parking garage on the development site, which funds shall. not exceed the amount which can be repaid over a twenty year term solely out of the project's property tax and sales tax revenue, togeth with tax benefit district revenues and parking revenues, all subject to further negotiations with the developer and with construction. allo- cation subject to the award of HODAG -financing to the developer. Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (4) - Hoffman, Holdsworth, Romanowski, Schlather Nays (6) - Peterson, Killeen,'Haine, Dennis, Cummings, Myers Motion Defeated Amendment to Resolution By Al erperson Peterson: Seconded by Ald.ermaa� Killeen RESOLVED, That the 5th. resolved be amended to read as follows: RESOLVED, That the Common Council indicates its intention to allocate sufficient funds for design and construction of 150 -200 space parking garage on development site, to develop a tax benefit district to help finance the parking facility, all subject to :further negotiations with the developer and with construction allocation subject to the award of HODAG financing to the developer. A vote on the amendment resulted as follows: Ayes (9) - Peterson, Hoffman, Killeen, Ilaine, Dennis, Myers Holdsworth, Schlather Nay (1) - Romanowski_ Carried Amendment to Resolution By Alterman Fjof.fman' Seconded by Alderperson Peterson RESOLVED, That the 2nd resolved read as follows: RESOLVED, That the Common Council hereby gives approval in concept to Travis and Travis' proposal for construction of an 80 -unit residential and retail project with 100 of the square footage to be retail and 200 of housing units to be rented at low rents as specified by HUD regula- tions, subject to City approval of design. Discussion followed on the floor. Amending Motion Withdrawn Alderman Hoffman and Alderperson Peterson withdrew the amendment to the resolution. Amendment to Resolution By Alterman flof man: Seconded by alderman Schlather RESOLVED,. That the 5th resolved read as follows: RESOLVED, That the Common Council indicates its intention to allocate sufficient funds for design and construction of 150 -200 space parking garage on the development site, to develop a tax benefit district to help finance the parking facility, all subject to further negotiations with the developer and with construction allocation subject to the award of IIODAG financing to the developer, subject to formal agreement by Cornell University to provide 15 -20 additional parking spaces near the development site from which the City will receive revenues and to make available to the residents of the Travis and Travis development. 1.1.! CA .. JIII),, l l , 19 81 /1 385 project parking options on University owned land like those offered. to Sheldon Court and Cascadill.a resicic'nts. This includes the avail- ability of University parking i.n the Collegetown arr:a and oil peripheral parking lots which are serviced by the University bus system. Cornell. staff and r t:udents resi di-rip in the il,rIrtments Raoul d pay the same fees as Cornell staff and students in the iln i vers i iy i�a(: i, .1 it:ies , lion C Or n(" i a residents would be offered parkinf,; At a higher rate (not. subf;idi zed) , Carried i.Inanimously Amendment to Resolution By Alderman Hoffman: Seconded h)? 4 l doi— person Pel.er::on RESOLVED, That an additional puragf<jph be added fclloI-aing t:l1c last Jesolved to read "and be it further RESOLVED, that the Common Council expresses its desire that there be sufficient childcare facilities in. the College- town vicinity that low- and moderate - :income families will be attracted to the Travis and Travis project, therefore, Council sl.1-031crly enc ()rirarres the developer to design facilities for childcare arid. recreation into the project. Discussion followed on the floor A vote on the amendment resulted as follows: Ayes (9) - Peterson, Hoffman, Myers, Romanowski, Nay (1) - Holdsworth Killeen, Haine, Dennis, Cummings, Schlather. Carried Amendment -to Resolution By Alderman Schl- lather: Seconded b), Alderman Killeen RESOLVED, that the following be added to the 3rd resolved., after the words HODAG payback terms: "provided that the final terms of the HODAG application be approved by Common Council. prior to submission," Carried Unanimously Main 'Motion as Amended WHEREAS, the City o- thaca, Cornell University, representatives of Community groups, and Travis and Travis, the conditional preferred developer for the Collegetown redevelopment project, have been working (400" for some time on the joint plan for the redevelopment of Collegetown which would include a performing arts center, additional parking, street and park improvements, and newly constructed privately owned buildings, and WHEREAS, the City has a low vacancy rate for all housing and in particular for rental housing for low- and moderate - income people, and WHEREAS, parking for both residents and. commercial enterprises in and around Collegetown continues to be a chronic problem, and. WHEREAS, the City of Ithaca has previously designated Travis and Travis as the conditional preferred developer for Collegetown, first for a housing project, and then for a hotel project which proved to be financially infeasible, and WHEREAS, the U.S. Department of Housing and Urban Development has published regulations for a new program known as the Housing Develop- ment Grant Program which provides below market financing for production of housing, particularly for low- and moderate- income rental housing, and WHEREAS, the City of Ithaca has been found to be eligible for partici- pation in this program, and WHEREAS, the deadl irnc for submission to HOD for applications is August 14, 1984, and WHEREAS, Travis and 'Travis has requested that the City continue their conditional preferred developer status for an 80 -unit, 200 -bed residen- tial project on the Collegetown redevelopment site, and 386 -8- July 11, 1_984 WHEREAS, Travis and Travis has requested that. the City subm =i_t. to HUI:) an application for funding under the HODAG program so that 20% of the proposed new housing can be made available for. low- and moderate-income people; now, therefore, be it RESOLVED, That the Common Caun.cil confirms the designation by the of Travis and Travis as preferred developer for the Collegetown redevelopment project, through the HODAG application cycle, with to continue if application is approved, and be it further IURA status RESOLVED, That the Common Council hereby gives tentative approval in. concept to Travis and Travis' proposal. for construction of an 80 -unit residential and retail project with 10% of the square footage to be retail and 20% of housing units to be rented at low rents as specified by HUD regulations, subject to City design i °eview as described. in. the option proposal dated June 13, 1983, and be it further RESOLVED, That the Common Council hereby indicates its commitment to authorize the Mayor to submit a HODAG application for the Travis and Travis project subject to applicable federal regulation and further subject to negotiations and subsequent mutual agreement on the HODAG payback terms, provided that the final terms of the HODAG application be approved by Common Council prior to submission, and be it further RESOLVED, That Common .Council direct the TURA to prepare for possible sale of land or air rights at fair market value to Travis and Travis as required in accordance with jointly approved design subject to prior negotiations and subsequent mutual agreement and approval_ by Common Council on the value and terms of payment of said land or air rights, and be it further IIJ RESOLVED, That the Common Council indicates its intention to allocate sufficient funds for design and construction of a 1SO -200 space parking facility on the development site, to develop a tax benefit district to help finance the parking facility, all subject to further negotiations with the developer and with construction allocation subject to the award of HODAG financing to the developer and subject to formal agree- ment by Cornell University to provide 1S -20 additional parking spaces near the development site from which the City will receive revenues and to make available to the residents of the Travis and Travis develop- ment project parking options on university owned land like those offered Sheldon Court and Cascadilla Ball residents. This includes the availability of university parking in the Collegetown area and on peripheral parking lots which are serviced by the university bus system. Cornell staff and students residing in the apartments would pay the same fees as Cornell staff and students in university facilities. Non - Cornell residents would be offered parking at a higher rate (not sub - sidizeq), and be it further. RESOLVED, That Common Council hereby direct that funds now allocated for the Collegetown Development Project be partially committed to design of the parking portion in an amount not to exceed $3,000, and. be it further RESOLVED, 'That Common Council expresses its desire that there be suffi- cient childcare facilities in the Collegetown vicinity that low- and moderate - income families will, be attracted to the Travis and Travis project, therefore Council strongly encourages the developer to design facilities for childcare and. recreation into the project. JI, A vote on the Main Motion as Amended resulted as follows: A N (8) - Peterson, Roffman, Killeen, Hainc, Cummings, Myers, Dennis, Iloldsworth Nays (2) - Romanowski, Schlather Carried Recess Common Council recessed at 10:SS p.m. and reconvened in regular session at 11:05 P.M. [ 0), �i..l J_ Mayor Gutenberger announced. that he )has town Negotiation Committee to �o e The three members repr :stinting the ll r),rJn. James Dennis Anhhe John Gutenl)„rgeh Representing the Cohiiicil sdi r be Raymond Schlather William Myers Susan Cummings 381 re- established the College - the I)OJ)AC= r�paymc =ni:s tee °»,s . )le:nelti'a) geJic), will be: The first. J,ieeting 1.0.11 be a}h l: CHARTER AND ORDINANCE COMMITTEE: Community Police Boar - Local. Law_ - Placement on Council' Members Desks Alderman Schlather annoh.mced that },e is placing an the desks of the Aldermen a local law on the Community Police Board. This local. law will be voted on at the August Conhmon Council meeting. LOCAL LAW NO. JF THE YEAR 1984 A LOCAL LAW AMENDING ARTICLE ARTICLE II OF THE CITY OF ITHACA CHARTER, SECTION 2.13, ENTITLED "BOARD OF POLICE COMMISSIONERS." BE IT ENACTED by the Common Council. of the City of Ithaca, New York, as follows: SECTION 1. Amending Article II of the :Ithaca. City Ch a.r.teh °, Section 2.13 entitled 'Board of Police Commisfl oner Section 2.13 of the Ithaca City Charter is hereby amended to read as follows: 9 2.13 Community Police Board The Mayor shall appoint a Community Police Board, subject to the approval of Common Council. The Community Police Board shall consist of five commissioners, no more than two residing in any one ward of the City. The term of office of each commissioner shall_ be three years, commencing on the first day of January. No more than two commissioners shall be appointed in any one year. The terms of the three existing commissioners shall continue unchanged. No elected City official shall. be a member of the Community Police Board. A commissioner shall hold office until his /her successor shall have been chosen and qualified. A vacancy for an unexpired term may• be filled in. the manner set forth under this Charter, except that the limitation on the number of appoint- ments per year shall not apply. All commissioners shall be duly qual- ified electors of the City of Ithaca for at least two years immediately proceeding their appointment. All commissioners shall serve without salary. The °Community Police Board shall have power to enforce within the City the laws of this State relating to the police thereof. It may prefer charges against any member of the police force. It may pre- scribe and enforce rules, by -laws, and regulations for the government of the police force of the City, not inconsistent with the laws of this State, which shall be promulgated through the Chief of Police to the whole force; however, the Chief of Police shall have immediate direction and control of the police in the administration of such rules, by -laws and regulations. The Community Police Board shall act as community liaison to the (400e, police force, actively fostering positive communication between the police and all. segments of the community; it shall make provisions for resolving complaints by the citizenry related to the delivery of police services and all other matters under its jurisdiction; it shall recommeJhd on its own initiative or at the request of the Mayor, Common Council or tlhe Police Chief on any matter affecting the policy or performance of the Police Department, including finances and budget; it shall perform such other related duties as requested by the Mayor or the Common Council." -10- July It, x984 SECTION 2. Amending Article II of the Ithaca City Charter. Section 2.14 entitled , 0rganization and Meetings of the Comm1ani_ty Police Board" Section 2.11 of the Ithaca Cite Charter is hereby amende(l to read as follows: 9 2.14 Organization and Meetings of the Community Police Board. At their first meeting in January of each year, the members of the Communit }7 Police Board shall organize is a board by electing one of their members as Chairperson. The Conilliunity Police Board shall. hold such stated and special meetings at such time and place as it may determine, but at least once in each month. Three members of said Board shall constitute a quorum." SECTION 3. EFFECTIVE DATE. This Local Law shall take effect: immediately, upon filing with the Secretary of State. BUDGET AND ADMINISTRATION COMMITTEE: Summer Youth Work Program By Alderman Dennis: be by Alderman Killeen WHEREAS, the Tompkins County Board of Representatives adopted a resolution appropriating $25,000 for a Summer Youth Work Program to be made available to municipalities of this County on a matching fund basis, and WHEREAS, the Executive Committee has unanimously recommended that gram; now, therefore, be it of the City's Youth Bureau Board the City participate in this Pro- RESOLVED, That this Common Council approves an amount not to exceed. $8,250.00 as the City's matching share for this Program, and be'it= further RESOLVED, `That the Mayor be, and is, hereby authorized and directed to execute the Agreement with Tompkins County. Carried Unanimously Court Security Agreement By Alderman Dennis: Seconded by Alderman Killeen RESOLVED, That the Mayor is hereby authorized and directed to execute Amendment No. 3 to the Agreement effective April 1, 1981, to March 31, 19822 between the City of Ithaca and the New York State Unified Court System, which shall extend the term of the Agreement from April 1, 1984) to March 31, 1985, in an amount not to exceed $5,000, for providing security seri,ices to City Court. Carried Unanimously Fire Engine Bid By Al erman Dennis: Seconded by Alderman Schlather Wl1EREAS, the Board of Fire Commissioners of the City of Ithaca has received bids for furnishing a 1500 GPM fire engine for delivery in 1985, and WHEREAS, the Board of Fire Commissioners has reviewed the bids for compliance with specifications and recommends acceptance of the low bid received from American LaFrance, in tile. amount of $128,890; now, therefore, be it. RESOLVED, That American LaFrance be awarded the contract for furnishir a 1500 GPM fire engine, for its low bid of $1.28,890, and be it further RESOLVED, That payment for this vehicle be made from Capital Reserve No. 15 - Fire Engines. Carried Unanimously Gorge Ranger Funds By .Alderman llemrts : Seconded by Alderman Killeen RESOLVED, That an amotmt not to exceed $3,60O for providing salary, clothing and other supplies for the Gorge Ranger be transferred from Account A1990, Contingency, to the Parks and forestry Account as follows: J A7111 -120 Salary A7111-415 Clothing A7111 -481 Supplies 5, 600 200 40 $3,d00 Carriecj Tlnanirnonsly Recycling Educational Program Ag-reeii,ent By Al erman DennTs . — 5 e c o n d e Alc1ei °mar, ile f fma.n. RESOLVED, That the City enter into an agreement with Michael. Green to design and implement a six months Cit }r wide Recycling Education Program, at a cost n(-)j to exceed $6 000; :as i °eco;r,ne;,ded by the Recycling Task Force, and be it iurlher 389 RESOLVED, That Corporate Counsel be requested to prepare such agree- ment with assistance from the Recycling Task Force, Carried Unanimously South Aurora Street Bridge Funds By Alderman Dennis: Secondecf —by Alder,r»a), }Ci.11een WHEREAS, this Common Council authorized $45,000 to repair the pedestal. portion of the north abutment of the South Aurora Street bri.dge,.at its meeting on June 6, 1984, and (l.,I WHEREAS, the Board of Public Works has requested that an a.d.di.tional $45,000 be provided to make necessary repairs .to other areas of 1.1-le bridge; now, therefore, be it RESOLVED, That an additional $4S,000 he itithoi,i_zed. bringing 1:Ire total cost of repairing the South .Aiirora `street bridge- to $901000, and be it further RESOLVED, That the additional $45,000 be transferred. from Capital Reserve #4 - Bridges, to the Bridge Account, AS120 -43S, Contractual. Services. Carried Una.ni_mously Deputy Planning Director By Alderman Dennis: Seconded by Alderper.son Cummings RESOLVED, That the Planning Department be authorized to hire Paul Mazzarella as the Deputy Planning Director, with a starting salary of $26,676, being Step IV on the 1984 Executive Unit Association Compensation Plan, effective as soon as. possible, subject to the usual Civil Service regulations. Carried Unanimously Audit By Alderman Dennis: Seconded by Alderman Killeen RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total. amount of $73,316.18, as listed on Audit Abstract #12/1984, be approved for payment. Carried Unanimously HUMAN SERVICES COMMITTEE: Fire Department Roster By Alderman Hoffman: Seconded by Alderman Romanowski RESOLVED, That the Board of Fire Commissioners is hereby authorized on or after July 16, 1984 to fill the Fire Department vacancy created by the recent retirement of Phillip Casciotti., and to maintain the firefighter roster at 44 positions, pending the completion of Master Planning efforts now underway through the Mayor's committee. Discussion followed on the floor. A vote on the resolution resulted as follows: Aycs (8) - Peterson, Roffman, Killeen, Hainc, Dennis, Cummings, Myers, Romanowski Nays (2) - iloldsworth, Schl.athcr Carried 390 -12- J111y 1.1 , 1981 Raccoons - Report reported that action is be:iTTg taken on the raccoon Alderman Hoffman problem in the City. The Iluman Sol-vices vices Committee has appo_nted a committee to study the SPCA's proposal for raccoon control and also loop into the natUI'C �TTld eXtCTlt Of the: pT- oblem. This Coll])],.i Ltee will meet on July 13, 1984 at 10:00 a.nl. Affirmative Action Bi- Annual Report 13y Alderman IIofEmarn: SeconcUee _5y Alderman Killeen RESOLVED, That the Common CouTici.l accepts t:he Af.f i.rmat.i_ve Art.ion B:i- Annual report. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Proposed C ange to Zoning Or d nance Regarding Penalties for Violation By Alcerperson Cummings: Sec oncica by Al erman Killeen WHEREAS, the City of Ithaca Zoning Ordinance was adopted in 1977, and WHEREAS, penalties defined in the zoning ordinance do not serve as a sufficient deterrent to violations, and WHEREAS, the zoning ordinance was enacted to promote public health, safety and welfare and the most desirable use of land and to conserve the value of buildings. and enliance the value and appearance of land throughout the city; now,.therefore, be it RESOLVED, That Ordinance no. 84- entitled "An Ordinance amending Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code by amendment of Section 30.100 entitled ' Penalttes for Violation," is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public-hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, at No. 108 East Green Street in the City of Ithaca, New York on Wednesday, the 1st day of August, 1.984, at 8:15 P.M., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least .fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development a true and exact copy of the proposed zoning ordinance for its report thereon. y RESOLUTION OF COMMON COUNCIL AMENDING ZONING ORDINANCE Ordinance No. 84- AN ORDINANCE AMENDING CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE BY AMENDMENT OF S 30.100 ENTITLED 'PENALTIES FOR VIOLATION.' BE IT ORDAINED AND ENACTED by the Common Council Of the City of Ithaca, New York, as follows: SECTION 1. THAT S 30.100 ENTITLED 'PENAL'T'Y FOR VIOLATION' is hereby amended to read: (words changed are underlined.) ,,An }- person who shall violate any provision of this Chapter shall be guilty of an offense. EaclT clay's continued violation const.:i ttltes a separate offense unless otherwise provided herein.* "Each offense shall be punisl)ahle by a fine not less than two hundred fifty dollars ($250.00) nor more than five hundree(F_cdol:lars-(T-500.00� unless otherwise pI'OV1C�C -C e2'E 111 `'" L _) SECTION 2. EFFECTIVE DATE,. Jill.. il., 391 This ordinance shai_1 take effect immcdiately and in accordance with law upon publication of a notice as provided in S 3.11 (B) of the Ithaca Cit>> Chartri . Discussion followed on the floor, Amendment to Resolution By Alderman Sc lat er: Seconded by Alderman Romanowski RESOLVED, That paragraph 5 read as ( a l ows : "Each offense shall be punishable by a fine not more than five hundred dollars ($500.00), unless otherwise provided herein." Ayes (3) - Holdsworth, Schlather, Romanowski Nays (7) - Peterson, Hoffman, Killeen, Haine, Dennis, Myers, Cummings Motion Defeated. A vote on the Main Motion resulted as follows: I -0 Ayes (9) - Peterson, Hoffman, Killeen, Maine, Cummings, Dennis, l_� Romanowski, Holdsworth, Myers Nay (1) - Schlather C( Carried <1 Accessory Apartment Ordinance By Alderperson Cummings: Seconded by Alderman Killeen RESOLUTION OF COMMON COUNCIL AMENDING ZONING ORDINANCE Ordinance No. 84- AN ORDINANCE AMENDING CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE BY ADDITION OF A S 30.27 ENTITLED 'ACCESSORY APARTMENTS,' and AMENDMENT OF S 30.3, 'DEFINITIONS,'S 30.25, 'DISTRICT REGULATIONS,' and S 30.26, "STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS.' BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. ADDITION OF SECTION 30.27 ACCESSORY APARTMENTS That Chapter 30 is hereby amended to add the following Section 30.27: A. INTENT This Section authorizes, upon issuance of a special temporary permit, the installation of accessory apartments in owner- occupied homes. The purpose and intent of permitting accessory apartments is to. 1. Provide homeowners, especially those of low and moderate income, with a means of obtaining, through rental income, companionship, security, and services, and thereby to en- able them to stay more comfortably in homes and neighbor- hoods they might otherwise be forced to leave; (400'.1 2. Add inexpensive rental units to the housing stock to meet the needs of smaller households, both young and old; 3. Make housing units available to low and moderate- income households who might othervise have difficulty finding Homes within the city; 4. Develop housing units in family neighborhoods that are appropriate for households at a variety of stages in the life - cycle, thereby lessening fluctuations in neighborhood demand for services; 392 -%4_ 'Jul), 11, 198/i S. Preserve and allow the more efficient use of the city's existing stock of dwelling—, while ensuring healthy and same living environments; Mid to 6. Protect stability, property values, and the residential character of a neighborhood by ensuring that accessory apartments are installed only in owner - occupied houses and under such additional conditions as may be. appropri-ate to further the purposes of this ordinance. B. ISSUANCE OF TEMPORARY PERMTT Application for an Accessory Apartment. Temporary Permit shall be made to the Board of Zoning Appeals in accordance with the Procedures of Sec. 30.58(c) of this ordinance. Application shall also be made for a recommendation from the City Planning and Development Board. Applications shall include the following: - accessory apartment application form - site plan - floor plans, existing and proposed, with dimensions specified facade drawings, if exterior alterations are proposed (4" = 1. ft.) affidavit of residency and ownership proof of notification of property owners within 200 ft. building permit application application fee of $15.00 An Accessory Apartment must comply with the New York State Uniform Fire Prevention and Building Code. An Accessory Apartment Use Special Permit shall be issued for a three (3) year period. Renewal permits for additonal three (3) year periods shall be granted by the Building Commissioner, following inspection of the premises by the Building Depart- ment, submission of a renewal application form issued by the Building Department, and an affidavit stating that the conditions as originally set forth to the Board of Zoning Appeals have not changed in any way. The Building Commissioner shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code, and that the original qualifying conditions still exist. C. REQUIREMENTS In order to be granted a temporary permit, the following criteria and requirements must be met: (1) Owner Occupancy Required. The owner(s) of the lot upon which the accessory apartment is located shall occupy and maintain as legal full -time residence, at least one of the dwelling units on the premises, except for temporary absences not to exceed 18 months in any 5 -year period. Longer absences will result in revocation of the temporary permit except by approval of the Board of Zoning Appeals. Owner - occupants must maintain at least a 50% interest in the property. In the event of the transfer of title to the property, to other than the owner's spouse or other family member residing on the premises, the permit shall automatically expire and a new owner must apply for a renewal permit. (2) Occupancy. The accessory apartment unit may be occupied by an individual or family, plus not more than one unrelated occupant. l Ttil j' 1.1 , I'�)f;4 (3) Location. Accessory aparLments iaay Le l.oca.ted i.n one- 393 family �Ic a i_Mings ; and in unusual. ci rclzmst_ance , at (he discretion of the Board of Zoning Appeals, in two - family dwellings. An ;iccu �sory alai Lment A),o,, b( structure or in an accessory accessory building meets all. Ithaca Building Code. There accessory apartment per lot. i_)ui.lding, provided that' such requirements of file City of shall be no more than 1. Notwithstanding any other requirements of this section, a minimum side and rear yard setback of 5 ft. shall be re- quired, except that where light, air and. open space requirements of the City Building and Housing Code can be met, the S -ft. setback may be waived in existing main structures. (4) Size. The floor area or ,, acce r �>1 °y aj�ar'1:lilent within a principal dwelling building shall not exceed thirty -three we and one -third percent (33 1/30) of the total habitable floor area of the building in which it is local-ed, unless the Board of Zoning Appeals determines that a greater or lesser amount of floor area is justified by the specific circunl- stances of the particular building. Each accessory apa.rt- ment shall be limited to a maximum of 2 bedrooms. (S) Area Requirements. A permit shall be granted by the «) Board of Zoning Appeals in spite of existing area. defici.- encies for main structures, except where there is a O perceivable negative effect on surrounding properties. the Design Review Board, whose decisions shall be binding. Relaxation of area requirements for purposes of a temporary Ll) permit shall terminate with the temporary permit, and shall not be viewed as a variance. Notwithstanding any other requirements of this section, a minimum side and rear yard setback of 5 ft. shall be re- quired, except that where light, air and. open space requirements of the City Building and Housing Code can be met, the S -ft. setback may be waived in existing main structures. (7) Off- Street Parking. Off- street parking requirements shall be met except in cases of practical difficulty which occur on blocks determined by the Board of Zoning Appeals to be capable of handling an additional, on- street parking burden. (8) Deed Restrictions. Within 30 days of receipt of an Accessory Apartment Permit, the owners) must record at the Tompkins County Clerk's Office a Declaration of Covenants on the subject property, with cross referencing to the original deed, and provide proof of such recording and cross referencing to the Building Commissioner. The Declaration shall state that the right to let an accessory apartment ceases upon transfer of title. The Building Commissioner shall note existence of an accessory apartment on the record of the property. (6) Exterior Appearance. If_ an accessory apartment is locates in the main wilding, the entry to the building we and its design shall be such that the appearance of the building shall remain as a single - family residence. New or additional front entrances or windows are discouraged, but in any event must be in keeping with the architectural style of the rest of the structure. Exterior stairways may only be constructed in the rear., except where an alter- nate location would be less publicly visible. Any exterior design changes may be referred by either the Board of Zoning Appeals or the Planning and Development Board to the Design Review Board, whose decisions shall be binding. New or additional front entrances must be referred to the ..Design Review Board. (7) Off- Street Parking. Off- street parking requirements shall be met except in cases of practical difficulty which occur on blocks determined by the Board of Zoning Appeals to be capable of handling an additional, on- street parking burden. (8) Deed Restrictions. Within 30 days of receipt of an Accessory Apartment Permit, the owners) must record at the Tompkins County Clerk's Office a Declaration of Covenants on the subject property, with cross referencing to the original deed, and provide proof of such recording and cross referencing to the Building Commissioner. The Declaration shall state that the right to let an accessory apartment ceases upon transfer of title. The Building Commissioner shall note existence of an accessory apartment on the record of the property. 3911 -16- July 1_1, 1984 D. UNAPPROVED ACCESSORY APARTMENTS Owners of unapproved accessory apartments in existence as of the effective date of this amendment shall. have ninety (90) days from the date of enactment to apply for a -n Accessory Apartment Special Permit and to meet the require- ments of this Section. Any such property owner who is not in the process of completing or has not completed these requirements within the required ninety (90) days shall be found in violation if the apartment is occupied. E. REVOCATION The Building Commissioner shall revoke any special. permit issued hereunder should the applicant or applicant's tenant violate any provision of this local ordinance or any condi- tion imposed upon the issuance of the special permit. F. PERIODIC REVIEW The Building Commissioner and the Department of Planning and Development shall review the effects of this Accessory Apartment Ordinance at least every five (5) years to deter- mine the long -term effect 'on the residential character of the neighborhoods. SECTION 2. AMENDING SECTION 30.3 DEFINITIONS That S 30.3 is hereby amended to add: 0. 'Accessory Apartment' shall. mean a small dwelling unit added to an owner- occupied residential building which is subordinate to the principal residential use in terms of size and appearance. SECTION 3. AMENDING SECTION 30.25 DISTRICT REGULATIONS That the District Regulations Chart, S 30.25 is hereby amended to add: Under Use District R -1., Col 3 Permitted Accessory Uses: "5. BY SPECIAL PERMIT: An Accessory Apartment (See Sec. 30.27)." SECTION 4. AMENDING SECTION 30.59 DESIGN REVIEIV BOARD That S 30.59C. 'Power and Duties,' is hereby amended to add: at end of paragraph l: "In addition, the Board of Planning and Development or the Board of Zoning Appeals may refer applications for Accessory Apartment Temporary Permits for binding decision when exterior design changes are proposed. at end of paragraph 3: "ETot�Tever, in the case of Accessory Apartment Temporary Permit Applications, decisions of the Design Review Board shall be binding. and that S 30.59 D. is hereby amended to add: 117. Notwithstanding other provisions of this section and chapter, exterior design changes for Accessory Apartment Temporary Permits in any residential district may be re- ferred to the Design Review Board. In such cases, decisions of the Design Review Hoard shall be binding. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with lain upon publication of notice as provided in S 3.11 (I3) of the Ithaca City Charter. �5 1, Discussion followed on the floor. 19 8,1 395 Motion to Refer to Committee By Alt erman ScTilatTier: Seconded b)' 47 derman Dcr)ni s RESOLVED, Th,ii t:1,v: ,nattc of !-]I(- AI;,;r1_mew, Ordi),,,anc_(- he referred back to the Pi. ;)nning `; i);. :Io1;,i,erit: Co;unuflee, Discussion followed on the boor. A vote on the Motion resulted as follows: Ayes (9j Petk�rson, ilof Ulan, 1.1een, Myc:rs, Romar,owski, I1ail;e Dennis, Holdsworth, Schlather Nay (1) - Cummings Carried Cornell Pottery Site - Designation as Local Landmark By Al erperson Cummings: Seconded y Al erperson ^Haine WHEREAS, the Ithaca Landmarks Pre se i iat.iorn Cornmi scion, in accordance with the Purpose and Intent of the City of Ithaca Landmarks Preser- vation Ordinance, has held a public hearing and has considered evidence concerning the feasibility and desirability of designating the Cornell Pottery Site as a Landmark of the City of Ithaca, and WHEREAS, no public comment was made in opposition to designation of the site, which is listed on the National. Register of`Histor.is Places Cll on the basis of its archeological importance, and WHEREAS, the owner of the property, in asse-,ting to local designation, emphasized that the archeological value of the site should be considered its most significant characteristic, in line with the Ordinance's definition of 'landmark' as "A place where ... representative activity of a past era took place ..o ", and WHEREAS, the Commission's unanimous action to designate the site, transmitted to Common Council for ratification as provided by regula- tions, was tabled by Council on account of concerns over property maintenance and appearance, and WHEREAS, the Commission has taken these matters into consideration and has again requested ratification by Common Council; now, there- fore, be it RESOLVED, That Common Council hereby ratify the designation of the Cornell Pottery Site as a Landmark of the City.of Ithaca, Discussion followed on the floor. A vote on the resolution resulted as follows: 0 Ayes (9) - Peterson, Hoffman, Killeen, Myers, Romanowski, Schlather, Haine, Dennis, Cummings Nay (1) - Holdsworth Carried UNFINISHED AND MISCELLEANEOUS BUSI \ESS: Six Mile Creek Study Committee -- Termination Resolution By Alderman Schlather: Seconded by Alderman Holdsworth WHEREAS, the Six Mile Creek Study Committee as originally constituted and under the able leadership of its Chairperson, Gerald P. Schi.ckel, has completed its work with diligence, :intelligence and enthusiasm; now, therefore, be it RESOLUD, That the Six Mile CrCCI� Study Committee be and it is hereby dissolved with the genuine "thanks" of Common Council extended to all members and the Chair thereof. Carried Unanimously 39(4 ..18- July 11, 1981 Six Mile Creek Overseer Committee - - Commencement Resolution By Al erman Sc�lat lcr Seconc cc �} Al c crman Romanow� i- WHEREAS, this Common Council has al -ready approved certain reconnnenctataons of the Six Mile Creek Study Committee includ_i.ng that recommendation number five r5) , which calls for the establishment of a "Six Mile Creek Overseer Committee "; now, therefore, be it RESOLVED, That the "Six Mile Creek Overseer Committee °° be anti it i s hereby established, the purpose and function of which is more clearly set forth in the Six Mile Creek Study Committee's Report entitled "Six Mile Gorge, people and Preservation" dated March 1.984 and a7 -ready on file in the Ithaca City Clerk's Office, and be it further RESOLVED, That the membership of the Six Mile Creek Overseer Committee shall be restructured by the Mayor as much is practicable from the former Six Mile Creek Study Committee membership, with additions thereto and deletions therefrom as appropriate. Carried Unanimously NEW BUSINESS: Alderman Hoffman asked about contact with DEC regarding using Iampricides in Cayuga Lake. Alderman Killeen commented that the Stewart Park Advisory Committee is meeting July lb, 1984, and that lie would refer this matter to the committee. ADJOURNMENT: On a Motion the meeting adjourned at 12:26 a.m. Jo,jeph Rundle, City Cl' erk