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HomeMy WebLinkAboutMN-CC-1985-02-06COMMON COUNCIL, PROCEEDINGS 75 CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. February 6, 1985 PRESENT: Mayor Gutenberger Alderpersons (10) - Cummings, Dennis, Haine, Hoffman, Holdsworth, Killeen, Myers, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Stumbar City Controller - Spano Dep. Controller - Cafferillo Dir., Youth Bureau - Cutia Dir., Planning & Development - Van Cort Supt. of Public Works - Dougherty Personnel Administrator - Best -Shaw City Engineer - Novelli Building Commissioner - Hoard Dep. Dir., Planning & Development - Mazzarella Pres., Ithaca Paid Firefighters Assoc. - Van Orman Developer - Mack Travis Architect - David Taube City Clerk - Rundle Cf] PLEDGE OF ALLEGIANCE: CEl Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: January 2, 1985 Under ELECTION OF OFFICERS, page 7, Alderperson Schlather requested the addition of the vote on the positions of Acting Mayor and Alternate Acting Mayor. The vote on both positions was Unanimous. Page 17, Resolutions of Appreciation, Alderperson Schlather requested that the amended drafts of the resolutions be shown, as follows: By Alderperson Schlather: Seconded by Alderperson Holdsworth WHEREAS, Gerald P. Schickel served for two years on the Planning Board, and for ten years as a Board of Public Works Commissioner, acting as Vice Chairman 1979 -1984, and as Chairman of the Finance, Accounts & Capital Improvements, Public Buildings, Public Grounds Parks, Water & Sanitary Sewers and the Six -Mile Creek Overseer Com- mittees; also, as a member of the Bridges, Creeks & Storm Drainage and Highway, Street Lighting & Refuse Committees; Capital Improvements Review Committee, Commons Advisory Board and Stewart Park Advisory Group; and WHEREAS, his concern for the City's welfare and the department's excellence has made his contributions outstanding among his colleagues; now, therefore, be it RESOLVED, That we, the Common Council, on behalf of the City of Ithaca, commend Gerald P. Schickel for his past efforts and successes, and wish him well in all of his future endeavors; and be it further RESOLVED, That this resolution be spread upon the minutes of this meeting and a copy forwarded to Mr. Schickel.. Carried Unanimously (4woel By Alderperson Schlather: Seconded by Alderperson Holdsworth WHEREAS, I. Kenneth Walker served for six years as a Board of Public t�orks Commissioner, acting as Chair of the Finance, Personnel f, Administration and Highways, Street Light.in, t; Refuse Committees; also, as a member of the Bridges, Creeks F, Storm Drainage and Capital lmprovenrcnts Rcv:icw Committee; and hIll-'REAS, J. Kenneth Nalkcr has served i�ith skill , energy and integrity, alv:ays acting for the hood of the City; and MIEREAS, This Common Council wishes to acknowledge his contribution to I)rrhl is service and expresses hole. that ]le will cornt.inue to be active in community affairs; now, therefore, be it 76 - 2 - February 6, 1985 RESOLVED, That we, the Common Council, on behalf of the City of Ithaca, wish to say "thank you, J. Kenneth Walker, for a job well done ": and be it further RESOLVED, That this resolution be spread upon the minutes of this meeting and a copy forwarded to Mfr. Walker. Carried Unanimously January 16, 1985 On page 3, Liaison to Boards and Committees, Alderperson Myers requested that the minutes show that Alderperson Elaine and he ex- changed assignments, Alderperson Iiaine to act as liaison to the Ithaca Youth Bureau Board, and he to act as liaison to the Board of Police Commissioners. By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the meetings of January 2, 1985 and January 16, 1985 be approved as amended. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Dennis requested the addition of two items: Item R, Finance Committee's recommendation pertaining to appointment of department heads and its referral to the Charter & Ordinance Committee; Item S, temporary housing of the Ithaca Youth Bureau. Alderperson Dennis requested withdrawal of Item K, Cass Park Feasibility Study Agreement. No Council person objected. Budget and Administration Committee Alderperson Schlather requested that Agenda Item Q be amended to read "Veteran's Property Tax Abatement Program -- Resolution." No Council person objected. New Business Alderperson Peterson requested the addition of one item concerning Veteran's Exemption to be referred. No Council person objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Zoning Tracy Farrell, 429 W. Buffalo Street, speaking as a resident and member of the Board of Zoning Appeals, expressed the wish that medical offices be considered as a special use permit or allowed as a home occupation in the R -3 zone. City Recycling Education Coordinator Earl Arnold, 121 Prospect Street, member of the City of Ithaca Recycling Task Force, addressed the Council concerning the Recycling Program and the need to have effective leadership staff to promote the program. Ile requested Council to support the recommendation to hire Lynn Leopold to fill the position. Trancik Proposal Dan Peterson, 110 Dey Street, speaking as resident and member of the Hydropower Commission, addressed the Council, speaking in opposition to the Trancik proposal, in particular the development of Fall Creek Park and the creation of a parking lot. Doug Bogen, 109 Lake Street, representing Ecolo�ly Action of Tompkins County, commented that Ecology Action likes the plan in concept, but has some concerns about the parking lot, furnace overlook and foundry overlook, and expressed the Hope that any changes be acceptable to the community and environmentally sensitive. -3- February 6, 198S77 COMMUNICATIONS FROM THE MAYOR: Mayor Gutenberger reported having received two contradictory communi -. cations from American Community Cablevision within two days, copies of which he distributed to the Council. The attachment to the first letter, a copy of Cable Communications Policy Act of 1984, is available in his office to anyone who cares to see it. Ile commented that he had received information that the February 5th letter should have read: "We do not intend to exercise that option to renew." MAYOR'S APPOINTMENTS: Board of Police Commissioners Mayor Gutenberger requested approval of appointment of Pete Curry, 719 Nest Clinton Street, and Michael Ellis, 407 East Seneca Street, to the Board of Police Commissioners for terms to expire December 31, 1987. Discussion followed on the floor. Resolution By Alderperson Killeen: Seconded by Alderperson Haine CO RESOLVED, That this Council approves appointment of Pete Curry and on Michael Ellis to the Board of Police Commissioners for terms to expire December 31, 1987. (D expire Unanimously LT) M Mayor Gutenberger requested approval of the following appointments: < Board of Zoning Appeals Stewart J. Schwab, 436 Mitchell Street Helen Johnson, 417 Hook Place Terms of above to expire December 31, 1987 Design Review Board William Downing, 400 DeWitt Park Apartments (reappointment) Term to expire December 31, 1987 Conservation Advisory Council Robert Kurlander, 510 Mitchell Street Term to expire December 31, 1986 Youth Bureau Advisory Board Irene Jessen, R.D. #3, Danby Lion Hill, Newfield, N.Y. 14867 (reappointment) Robert Yavits, 115 Giles Street (reappointment) Judith Stewart, 419 East Buffalo Street Thomas Devlin, 215 N. Cayuga Street Terms to expire December 31, 1987 Thomas Vartanian, 2262 Cleveland Avenue To fill unexpired term which expires December 31, 1985 City Representative to the Tompkins County Environmental Management Council Ms. Ashley Miller, 118 Cascadilla Avenue (reappointment) Affirmative Action Advisory Committee Matthew IV. Hamill, 108 Woodcrest Terrace To fill unexpired term which expires December 31, 1985 (wool, Elizabeth Corrigan, 28 Brooktonclale Road (reappointment) Perm to expire December 3 -1, 1987 I'ufl k i ns Comnn1li_i ty Ilosh ita I Corporat i_c,n Norporat.e Mcmbcrshii�) Eleanor Bly, 216 N. Geneva Street (reappointment Term to expire December 31, 1986 IIydropoWer Commission_ Doug Logan, 109 bake Street - to fill vacancy created by resignation of .Joel Rabino;,,itz; will scr�,o as Fcoloi y Action representative C(mimoiis Adli sOt y I�oard Charles Sclllc�ii<l�, 115 S. Cayuga Street - to fill unexpired term ;•:h icll expires l)ccember 31, 1`. 85 78 -4- February 6, 1985 Housing Board of Review Andrew 1V. Skibinski, 516 Spencer Street Term to expire December 31, 1987 Resolution By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointments presented by Mayor Gutenberger. Carried Unanimously CITY ATTORNEY'S REPORT: R.H.P. Inc. City Attorney Stumbar reported that R.H.P. Inc. had obtained a 30- day stay from Judge Swartwood of Elmira, with regard to removal of billboards. In the meantime R.H.P. Inc. has started a federal court action against the city. There will be an appearance in court on the coming Monday in Syracuse. They are asking for a temporary stay of Judge Swartwood's order pending final determination of federal courts. Cayuga Heights Appeal City Attorney Stumbar reported that the Cornell Heights Appeal had been argued on Monday in Albany and the City will probably receive a decision on that appeal in about 6 weeks. Strand Theatre City Attorney Stumbar reported that the litigation going on finally got a court order making the owners answer the city's complaint. The city finally got an answer with about 8 counter claims, and has been sued on the counter claims for $250,000. Valentine Place City Attorney Stumbar reported that the City decided not to appeal Judge Bryant's decision which overturned the Board of Zoning Appeals decision in that matter. Recess Common Council recessed at 8 :4S p.m. and reconvened in regular session at 8:SS p.m. PLANNING AND DEVELOPMENT COMMITTEE: Ithaca Falls Hydropower Site Plan By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca has made application to the Federal Energy Regulatory Commission for a license to construct a hydropower plant at the Ithaca Falls site, and WHEREAS, the City has recognized the recreational, historic, archae- ological, ecological, and other resources of that area, and IiHEREAS, it is the intention of the City of Ithaca to protect those resources to the greatest extent possible, and WHEREAS, to that end, the City has received a grant from the New York State Council on the Arts, to prepare a recreational. site plan for the Ithaca Falls site, and has retained the firm of Roger Trancik to prepare such a recreational plan, and WHEREAS, the plan has been reviewed and recommended for approval by the Planning and Development Board, and has been reviewed and approved by the Board of Public Works and the Conservat=ion Advisory Council_; now, therefore, be it RI:SOLVED, That the Ithaca Falls Park recreation plan prepared by Royer Trancik for the City of Ithaca is hereby approved in concept, -in d be it further RESOLVED, That the Common Council does hereby reserve the right to specifically approve or disapprove any of the elements of the pro- posals before their implementat ion . -5- February 6, 1985 79 Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Killeen, Ilaine, Dennis, Cummings, Mycrs, Romanowski Nays (4) - Peterson, Hoffman, Holdsworth, Schlather Carried _Youth Bureau Facility By Al.derperson Cummings: Seconded by Alderperson Dennis WHEREAS, the Common Council has established a capital project for construction of a new Youth Bureau building, and WHEREAS, William Downing Associates Architects have been hired to prepare designs for a new building on or near the site of the existing Tin Can, and WHEREAS, a number of alternative site plans and building configurations have been studied by the ad hoc Building Committee, and WHEREAS, an alternative known as Proposal E has been selected as best (x� meeting the future needs of the Youth Bureau and the City of Ithaca, and this proposal has been presented to the Planning and Development (�l Committee of Council, and WHEREAS, it has been found that asbestos exists in the present M Community Services Building which is most economically removed if the building is not occupied, and WHEREAS, other factors militate for demolition of the entire Tin Can before construction of the new building commences, and WHEREAS, the Building Committee has examined the advisability of construction of a caretaker apartment in the proposed new building, and of construction of a maintenance facility for Stewart Park on (,aloe the same site; now, therefore, be it RESOLVED, upon the unanimous recommendation of the ad hoc Building Committee and the Planning and Development Committee of Common Council, that Common Council authorize and direct the architect to proceed under the assumptions of Proposal E as follows: that the Youth Bureau staff will be temporarily relocated from the Tin Can site so that asbestos removal and demolition can be accomplished economically and expeditiously and reconstruction can proceed unimpeded; that location of construction on the site will be in accordance with Proposal E; that a caretaker apartment will be included in the designs for the proposed new Youth Bureau building; that the park maintenance facility will be designed to be bid as an alternate; and that every effort will be made to produce a facility whose architectural and site design is distinguished, which complements the adjacent park, and which is economical in construction and operation. Discussion followed on the floor. A vote on the resolution resl.ilt:ed as f011OWS: Carried Unanimously Proposed Amendments to Zoning; ordinance - Medical or Dental Offices lBy A-1(1erperson Crunm ngs: Seconded l>y .11clerperson Killeen MI .REAS, Medical crud Dental offices iiak,e traditionally been permitted irse,� in certain l:es.ideiitial zones of' the City of Ithaca, and �f o - 6 - February 6, 1985 WHEREAS, the traditional model of a family physician residing ill a neighborhood, providing health care to the neighborhood on a 24- hour/ 7 -day basis from an office in the physician's residence, has been almost totally supplemented by a health care system characterized by group and specialist practices, doctors not residing oil office premises, restricted office hours, hospital -based emergency and out- patient treatment, and the ease and wide availability of personal. and public transportation to patients, and WHEREAS, the permission for location of medical residential. zones as of right, iith the changes practice, has resulted in the conversion of many ties to medical /dental offices, re,oving numbers from a stock of housing that is characterized by vacancy rates, introducing into neighborhoods a activity of a non - residential nature, and or dental. offices in in health care and residential proper of residential units chronically low level and type of WHEREAS, Common Council desires to safeguard the city's housing stock from conversion to non - residential uses and its residential zones from encroachment by non - residential activity, and WHEREAS,, the Planning staff has drafted a proposal for amendments to the Zoning Ordinance which is intended to accomplish these purposes, it is RESOLVED, That Common Council refers the draft proposal, attached hereto, to the Charter and Ordinance Committee for preparation of a proposed amendment, which shall be presented for Public Hearing and action at the earliest practicable time. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Collegetown Redevelopment Project - Agreement with Travis & Travis By Alderperson Cummings: Seconder by Alderperson Dennis KHEREAS,the City of Ithaca has undertaken a program for the redevelop- ment of Collegetown involving the development of residential, commercial, cultural and public improvements; and IVHEREAS, the City of Ithaca and the Ithaca Urban Renewal Agency have designated Travis and Travis as the Conditional Preferred Developer for City -owned property on Dryden Road; and WHEREAS, the City of Ithaca has committed to build a parking facility on Dryden Road and sell the air rights above the parking facility to Travis and Travis for the purpose of the development of 64 apartment units, subject to the award of a = sousing Development Grant and formal agreement by Cornell University to provide additional surface parking adiacent to the project and make off -site parking available to the residents of the 64 apartments; and WHEI;EAS, the U.S. Department of Housing and Urban Development (MUD) has notified the City of Ithaca t`at it has granted preliminary frinclirng approval for the City's Hc-asing Development Grant application; told IVIIII:AS, the City of Ithaca and Cornell University have reached forma, aoreement on the transfer of land nd easements, the provision of additional short- and long -term -inc, I_ for the benefit of the projec- and other provisions integral. to t`.e, proiect; and IVHEREAS, it is necessary to execut- a Development Agreement which specifies the rights and obligati_:is of the City, Eddygate Park Associates, and IIIID; no�v, therefore be it f,, s )I.VED, 'That. pursuant to the Co-.::,on Council resolution on Collegetown Redevelopment. approv- e(I August 1, 198'1, Common Council Hereby approves the Development A'(1,1-cement bet%%reen tale City and Eddygate Park Associates in the form annexed and directs tl•.e Ma\-or to sign said document, sub -, iect to the approval of the City- Attorney; and be it further -7- February 6, 1985$ 1 RESOLVED, That the City Attorney is hereby authorized and directed to prepare and have signed a Mortgage Agreement and Note in accordance with the provisions of the approved Development Agreement and the terms heretofore approved by Council resolution on August 1, 1.984. Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Holdsworth RESOLVED, That the agreements with Cornell University and E.G.P. be amended to provide for parking in specified off -site locations other than on the street, as offered by Cornell, during the construction (400" period. The agreement with Cornell University would also provide provision for temporary parking for the merchants in Collegetown during construction as well, pursuant to their offer. Discussion followed on the floor. A vote on the amendment resulted as follows: A vote on the Main Motion resulted as follows: Ayes (6) - Peterson, Killeen, Haine, Dennis, Cummings, Myers Nays (4) - Hoffman, Holdsworth, Romanowski, Schlather Carried Collegetown Redevelopment Project - Agreement between City and Cornell By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca has undertaken a program for the redevelop- ment of Collegetwon, which involves the coordinated efforts of the City, Cornell University and Travis and Travis; and WHEREAS, the City, Cornell and Travis and Travis had previously agreed in principal on a number of issues, including the transfer of land, the granting of easements, the provision of parking, the provision of handicapped access and the development and maintenance of open space; and WHEREAS, a condition of Common Council's approval of the Collegetown Redevelopment Project on August 1., 1984 was that the City reach formal agreement with Cornell concerning the provision of additional short - term parking and the provision of parking for the residents of the Eddy Gate Park Apartments; now, therefore, be it RESOLVED, That Common Council. hereby authorizes and directs the Mayor to sign the formal agreement with Cornell in the form annexed, subject to the approval of the City Attorney. Alderperson Holdsworth requested that it be noted that passage of the resolution is contingent upon amendment of paragraph 8 on page 7 of the agreement dated February 2, 198S that Cornell University will agree to make their portion of their project into the PAC handicapped accessible under the regulations. City Attorney Stumbar was directed to include this provision in the agreement. A vote on the Main Motion as amended resulted as follows: Ayes (7) - Peterson, Killeen, Haine, DeI1IIiS, Cummings, Myers Holdsworth Nays (3) - Iloffman, Ronianowtiki_, Schlather Carried Ayes (2) - Peterson, Schlather Nays (8) - Hoffman, Killeen, Haine, Dennis, Holdsworth, Cummings, Myers, Romanowski 0) Motion Defeated CO Further discussion followed. City Attorney Stumbar and Dep. Director Mazzarella answered questions regarding provision for day care, generally accepted industry standard for municipalities, the parking lot behind Sheldon Court and the park. A vote on the Main Motion resulted as follows: Ayes (6) - Peterson, Killeen, Haine, Dennis, Cummings, Myers Nays (4) - Hoffman, Holdsworth, Romanowski, Schlather Carried Collegetown Redevelopment Project - Agreement between City and Cornell By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca has undertaken a program for the redevelop- ment of Collegetwon, which involves the coordinated efforts of the City, Cornell University and Travis and Travis; and WHEREAS, the City, Cornell and Travis and Travis had previously agreed in principal on a number of issues, including the transfer of land, the granting of easements, the provision of parking, the provision of handicapped access and the development and maintenance of open space; and WHEREAS, a condition of Common Council's approval of the Collegetown Redevelopment Project on August 1., 1984 was that the City reach formal agreement with Cornell concerning the provision of additional short - term parking and the provision of parking for the residents of the Eddy Gate Park Apartments; now, therefore, be it RESOLVED, That Common Council. hereby authorizes and directs the Mayor to sign the formal agreement with Cornell in the form annexed, subject to the approval of the City Attorney. Alderperson Holdsworth requested that it be noted that passage of the resolution is contingent upon amendment of paragraph 8 on page 7 of the agreement dated February 2, 198S that Cornell University will agree to make their portion of their project into the PAC handicapped accessible under the regulations. City Attorney Stumbar was directed to include this provision in the agreement. A vote on the Main Motion as amended resulted as follows: Ayes (7) - Peterson, Killeen, Haine, DeI1IIiS, Cummings, Myers Holdsworth Nays (3) - Iloffman, Ronianowtiki_, Schlather Carried 82 -8- Fehruary 6, 1985 Stewart Park Design - NYS_CA Grant By Aerperso Cuns Seconded by Alderperson Killeen g WHEREAS, Common Council has adopted the \lastcr Plan for the Improve- ment of Stewart Park Complex as the official conceptual plan for the area, and WHEREAS, Common Council has requested that Prior to implementation of any elements in the master plan, that design professionals be retained for preparation of detailed plans, and WHEREAS, the city- has expended approximately $28,000 for the conceptual master plan; now, therefore, be it RESOLVED, That Common Council does hereby authorize the City Planning and Development Department to submit a 1985/86 grant application to the New York State Council on the arts to fund designs for phased implementation of the Master Plan, and be it further RESOLVED, That the match for the New York State Council on the Arts grant application will be the prior allocations for conceptual Master Plan or existing 1985 allocations in the study area and these design services, therefore, will not incur additional expenses in the 1986 budget. Carried Unanimously Alienation - Substitute Lands By Alderperson Cummings: Seconded by Alderperson Dennis WHEREAS, Common Council has approved the proposal for alienation of the Southwest Park and Cayuga Inlet Island recreational lands, and WHEREAS, Common Council has established a capital project fund to implement said proposal, and WHEREAS, the Planning and Development Department has been authorized directed by Common Council to take the steps necessary to provide substitute land for the lands to be alienated in accordance with Stat and Federal requirements, and WHEREAS, a list of possible sites for substitution has been prepared and submitted to the Planning and Development Committee for review; now, therefore, be it P] RESOLVED, That based upon the unanimous recommendation of the Planning and Development Committee, the Planning and Development Department is hereby authorized to proceed with appraisals of the identified substi- tution lands and to begin negotiations for acquisition of said lands, and be it further RESOLVED, That the appraised value is to be the maximum price offered for said lands. A vote on the resolution resulted as follows: Ayes (7) - Killeen, Ha=ine, Dennis, Cummings, Myers, Schl.ather, Romanowski Nays (3) - Peterson, Hoffman, Iloldsworth Carried Neighborhood Forum 1derperson Cummings presented the ?Minutes of the Neighborhood Forum which was held on November 14, 1954. She reported that copies of the Minutes had been mailed to everNone who attended the meeting. A second mailing will go out to all interested parties, to be followed with a list of prioritized project. A second meeting is scheduled to be held on Thursday evening, `.larch 21, 1985 at 7:30 p.m. Community Development Application Alderperson Cummings reported on the application currently being worked on, copies of which had been mailed to the Council of the SLIHIMr.ized proposals. She reported that $600,000 is available for a multi - purpose grant. She commented that they had been informed by HUD officials that the weaker parts of the last grant had been the economic development proposals, particularly because they were not Specific. -9- February 6, 1985 83 Recess Common Council recessed at 10:25 p.m. and reconvened in regular session at 10:35 p.m. BUDGET AND ADMINISTRATION COMMITTEE: Mental Health Agreement By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That Mayor John C. Gutenberger be, and is, hereby author- ized and directed to execute an Agreement with the Tompkins County Mental Health Services Board for the year 1985, to provide a four - week Summer Day Camp Program to provide mentally retarded/develop- mentally disabled children of the residents of the County of Tompkins, (400", and others, personal enjoyment and fun during the camp session, to teach recreational activities that the campers might participate in upon completion of the camping season, which will be desirable and beneficial to such residents, to provide recreational leisure time activities to mentally retarded /developmentally disabled adults during times when regular services are not operating, so as to provide opportunities for increased socialization experience, to improve overall physical condition and general health, and to provide experience «� which will promote personal feelings of success, selfworth, accomplish- ment and achievement, for a fee not to exceed $55,066.00. O Carried Unanimously M IT') Sidewalk Assessments E0 By Alderperson Dennis: Seconded by Alderperson Holdsworth WHEREAS, the Board of Public Works levied sidewalk assessments on December 19, 1984, for the construction of sidewalks at various locations in the City of Ithaca, and WHEREAS, a Public Hearing thereon was held by said Board on January 23, 1985, and WHEREAS, on January 23, 1985, said Board approved said assessments and filed a schedule thereof with the Common Council for confirmation (awooel and final approval; now, therefore, be it RESOLVED, That said assessments in the total amount of $2,808.50 be, and the same is, hereby approved and confirmed, and be it further RESOLVED, That the City Clerk be; and hereby is, directed to prepare a Warrant on the City Chamberlain, in accordance with such schedule, for the collection of said assessments; and that the Mayor and City Clerk be authorized to sign and execute such Warrant, whereupon all such assessments will become due and payable from the date of execution thereof; and on all such assessments or portions thereof remaining unpaid after the expiration of six months from the date of such Warrant, the City Chamberlain shall add and collect the percent- age thereon, at the rate of loo per annum, except and provided, however, that the City Chamberlain may allow ersons to pay their assessments, if the aggregate amount exceeds 100, in five equal installments, with interest at 100, on or about June 1 each year, provided, however, that any person desiring to pay by installments shall make application promptly, in writing, to the City Chamberlain; and all properties having such assessments or portions thereof of installment payments in arrears and remaining unpaid at the close of any City Tax collection period shall be included by the City Chamber- lain in a subsequent City Tax Sale held in November each year following such City Tax collection period; and such property shall be sold for any unpaid assessments or portion thereof or any unpaid installment payments, together with the outstanding balance of such installment payments, together with all interest, fees and penalties that may be t1 CCI -L1Cd. carried Unanimously Fcder,'ll Section 1.8 SLlbsidy, I3y t�lclei Ilcrson I)cnli s : Seconded by Al derpersoll Sch Lather h'ilf:II:AS, the City of Ithaca has submitted a request for an amended grant of funds to the New York State Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, Its amended, for a project providint; bus transportation services within 84 -10- February 6, 1985 the City of Ithaca for fixed route, scheduled and open during the period January I, 1983 to December 31, 1983 (PIN 3793.06.406 and PI'N' 3794 .06.406) , and WHEREAS, the project budget for the above project has been amended as follows: Original Agreement Amended Agreement Total Cost $12,57 -1 $65,174 Federal Share 121574 65,174 State Share -- -- City of Ithaca Share -- and WHEREAS, the City's Amended Application for Section 18 Transportation Operating Assistance has been approved by the Federal Highway Admini- stration; now, therefore, be it RESOLVED, That Mayor John C. Gutenberger be authorized to sign the Amended Agreement between the City- of Ithaca and the State of New York for the above named project, which is attached hereto and made a part of this resolution, and be it further RESOLVED, That Mayor John C. Gutenberger is authorized to act on behalf of the City of Ithaca to proceed and complete the above named project. Carried Unanimously Ithaca Housing Authority Comparability By Al erperson Dennis: Seconded by Alderperson Schlather WHEREAS, according to Article 3, Section 32(1) of the New York State Public Housing Law, it is necessary for the local legislative body to approve the compensation of personnel in the local Housing Authority, and WHEREAS, this Common Council has received a resolution from the Ithaca Housing Authority establishing positions, comparability, salary ranges and 1985 salaries for its personnel; now, therefore, be it RESOLVED, That this Common Council approves the following positions, comparability, salary ranges and salaries as adopted by the Ithaca Housing Authority for the year 1985. Position Comparability Executive Director Dir. of Planning 17,566 f, Development/ 9,747 - City Controller Assistant Director Deputy Planning 14,012 Director Principal Account City of Ithaca - Clerk C.S.E.A. Senior Stenographer City of Ithaca - 8,731 - C.S.E.A. Account Clerk Typist/ City of Ithaca Site Manager C.S.F.A. Account Clerk/ City of Ithaca - Tvpist C.S.F.A. Storekeeper City of Ithaca - C.S.I.A. Outreach Worker City of Ithaca - C.S.F,.A. Supervisor of School District - Haintenance C.S.F.A. Nla i iitenance Workint,, Foreman/ .' 1l 'I-V1So1, SIIpCCVI_SOr - C.S.F.A. 1985 Salary Range Salar $32,581 - $46,368 $35 —,920 22,804 - 32,455 25,650 11,867 - 17,566 17,470 9,747 - 14,427 13,070 9,466 14,012 13,000 7,338 10,859 8,800 10,070 - 14,909 10,680 8,731 - 10,905 10,040 16,480 - 23,748 21,000 6.84 - 8.02 9.42 -11 February 6, 1985 85 1985 Position Comparability Salary Range Salary Building Maintenance School District - $13,692 - $21,240 $17,230 Mechanic C.S.E.A. Building Maintenance School District - 13,692 - 21,240 16,670 Mechanic C.S.E.A. Building Maintenance School District - 1.3,692 - 21,240 16,110 Mechanic C.S.E.A. Maintenance Worker City of Ithaca - 4.71 - 5.52 5.42 (two" C.S.E.A. Maintenance Worker City of Ithaca - 4.71 - 5.52 4.99 C.S.E.A. Laborer City of Ithaca - 4.55 - 5.31 5.01 C.S.E.A. Section 8 Planner III 13,644 - 20,194 16,270 Coordinator CD Modernization Planner II 15,680 - 23,209 17,300 00 Coordinator M Carried Unanimously M Bond Anticipation Note M By Alderperson Dennis: Seconded by Alderperson Killeen BOND RESOLUTION DATED FEBRUARY 6, 1985 A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,604,150 SERIAL BONDS AND THE EXPENDITURE OF $4S2,8S0 MONEYS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, IN CONNECTION WITH VARIOUS CITY IMPROVE- MENTS. BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The following specific objects or purposes in and for the City of Ithaca, Tompkins County, New York, are hereby authorized: a) The acquisition of approximately .11 acre of land at the 100 block of Dryden Road adjacent to College Avenue for the College Avenue Improvement Project described in paragraph b and c here- of, at a maximum estimated cost of $150,000; b) The construction of a parking structure on the land described in paragraph a hereof, and being specifically located at 128 Dryden Road containing between 170 and 180 parking spaces, at a maximum estimated cost of $1,750,000, such parking structure, the land on which it will be located and the street improvements described in paragraph c hereof being the College Avenue Improvement Project; c) 'The construction of street improvements required for the purposes of the parking structure described in paragraph b hereof, in- cluding sidewalks and curbing for the surrounding areas, at a maximum estimated cost of $600,000; d) The construction of a Youth Bureau Facility Building, such building to be constructed on parcels of land either currently owned by the City or to be separately acquired through annexation and agreement with the 'Town of Ithaca at or about 1701. North Cayuga Street, in- cludi.ng the demolition of an existing structure thereon, the rad:ing and improvement of the site and the acquisition of or:i_ginal furnislii.ngs, equipment, machinery or apparatus regt.lii•ed for the purposes for which such building will be used, at a maximum estima- ted cost of $900,000; e) The reconstr,liction of the Green Street Parking Facility located along; the north side of East Green Street to the east of City hall and west of South Aurora Street, at a maximum estimated cost of $157,000; 86 -1 �- February 6, 1985 f) The reconstruction of the Seneca Street Parking Facility located south of the U. S. Post Office. between North Tioga Street and North Aurora Street, at a maximum estimated cost of $250,000; g) The reconstruction and resurfacing of State Street from the Tuning Fork on East State Street to Ithaca Road, a total area of approximately 160,000 square feet, at a maximum estimated cost of $1,000,000; and h) The reconstruction of the Fall Creek Dike, for the purpose of providing bank stabilization and flood protection, at a maximum estimated cost of $250,000. Section 2. The total estimated cost of the aforesaid specific objects or purposes is $5,057,000, and the plan for the financing thereof is as follows: a) By the issuance of $4,604,150 serial bonds of said City, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law, of which $142,500 serial bonds shall be allocated to the aforesaid College Avenue Improvement Project land acquisition, $1,662,500 serial bonds shall be allocated to the aforesaid College Avenue Improvement Project parking structure construction, $570,000 serial bonds shall be allocated to the aforesaid College Avenue Improvement Project street improvement, $855,000 serial bonds shall be allocated to the aforesaid Youth Bureau Facility Building construction, $149,150 serial bonds shall be allocated to the aforesaid Green Street Parking Facility re- construction, $2371500 serial bonds shall be allocated to the aforesaid Seneca Street Parking Facility reconstruction, $750,000 serial bonds shall be allocated to the aforesaid State Street re- construction, and $237,500 serial bonds shall be allocated to the aforesaid Fall Creek Dike reconstruction; b) By the expenditure of $75,000 current funds of said City hereby appropriated in the 1984 budget of said City, of which $7,500 current funds shall be allocated to the aforesaid College Avenue Improvement Project land acquisition, $37,500 current funds shall be allocated to the aforesaid College Avenue Improvement Project parking structure construction, and $30,000 current funds shall be allocated to the aforesaid College Avenue Improvement Project street improvement; c) By the expenditure of $57,500 current funds of said City hereby appropriated therefor, of which $45,000 current funds shall be allocated to the aforesaid Youth Bureau Facility construction, and $12,500 current funds shall be allocated to the aforesaid Fall Street Dike reconstruction; d) By the expenditure of $70,350 hereby appropriated from the Parking Reserve Fund, of which $50,000 moneys shall be allocated to the aforesaid College Avenue Improvement Project parking structure construction, $7,850 moneys shall be allocated to the aforesaid Green Street Parking Facility reconstruction and $12,500 moneys shall be allocated to the aforesaid Seneca Street Parking Facility reconstruction; and e) By the expenditure of $250,000 Consolidated Highway Improvement Program Funds to be received -from the State of New York Hereby appropriated therefor to be allocated to the aforesaid State Street reconstruction. Such moneys shall be expended prier to the issuance of any bonds or bond anticipation notes authorized hereunder and such moneys shall constitute the down payment required by Section 107.00 of the Local I inarncc Law. Section 3. It is hereby determine -1 that the period of probable usefulness for the aforesaid College Avenue Improvement Project land acquisition is thirty years, pursuant to subdivision 21(a) (1) of prarrigraph a of Section 11.00 of the Local Finance Law, that the period -13- February 6, 198S 87 of probable usefulness for the aforesaid College Avenue Improvement Project parking structure construction is thirty years, pursuant to subdivision 11(a) (1) of such paragraph and Section, that the period of probable usefulness for the aforesaid College Avenue Improvement Project street improvement is fifteen years, pursuant to subdivision 20 (c) of such paragraph and Section, that the period of probable usefulness for the aforesaid Youth Bureau Facility Building construc- tion is thirty years, pursuant to subdivision 11(a) (1) of such para- graph and Section, that the period of probable usefulness for the aforesaid Green Street Parking Facility reconstruction is twenty years, pursuant to the subdivision 12(a) (1) of such paragraph and Section, that the period of probable usefulness for the aforesaid Seneca Street (,tor, Parking Facility reconstruction is twenty years, pursuant to subdivision 12(a) (1) of such paragraph and Section, that the period of probable usefulness for the aforesaid State Street reconstruction is fifteen years, pursuant to subdivision 20(c) of such paragraph and Section, and that the period of probable usefulness for the aforesaid Fall Creek Dike reconstruction is thirty years, pursuant to subdivision 22(a) of such paragraph and Section. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation 00 notes in anticipation of the issuance and sale of the serial bonds (�) herein authorized, including renewals of such notes, is hereby dele- gated to the City Controller, the chief fiscal officer. Such notes Cfl shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section S. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respect- ively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obliga- tions as the same become due and payable. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form prolided in Section 81.00 of the Local Finance Law. Discussion followed on the floor. Al de rlterson Schl rather commented that for the record Ile wished to 111r11;e _it clear that lie would support the resolutionl, bait it in no way is to be inferred or implied that lie supports the Collegetown Project. The reason he supports the resolution is that it makes economic sense, tic Marc goint1, to 1,1111 into a massive lala suit i.f we don't go till t"h I,-_itlt it at tills point, having a'cndered it into these otherwise ill - ctdv i scd contr"ic t s . Alderperson Iloffut,tn made the same statentent is Alderperson Schlather. , ile question of- the adop t: i on of, the resolution was duly February 6, 1985 prat to a vote on roll call, idii -ch resulted as follows: Schlather Aye Dennis Aye Romanowski Aye Haine Aye Myers Aye Killeen Aye Cummings Aye Hoffman Aye Holdsworth Aye Peterson Aye Carried Unanimously Election Account Equipment By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1985 Authorizee Equipment List for the Election Account be amended to include the purchase of one rebuilt voting machine, at a cost not to exceed _ -',495, as requested by the City Clerk, and be it further RESOLVED, That an amount not to exceed $2,495 be transferred from Account A1990, Contingency, to the Election Account A1450 -225, Other Equipment. Carried Unanimously G.I.A.C. Personnel By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1985 G.I.A.C. Personnel Roster be amended as recommended by the Youth Bureau Director, as follows: Delete - 1 - 20 Hour Youth Worker Position - 1 - 20 flour Youth Development Program Leader Position Add - 1 - 35 Hour Youth Worker Position Carried Unanimously Fire Department Personnel By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1985 Fire Department Personnel Roster be increased by the addition of one Assistant Fire Chief's position, retroactive to February 1, 1985, and be it further RESOLVED, That the Fire Chief's position and one Lieutenant's position not be filled or funded without prior approval of Common Council. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Fire Department Equipment By Alderperson Dennis: Seconded RESOLVED, That the 1985 Authoriz Department be amended to include Shields and Stand, at a cost not the Fire Chief. by Alderperson Killeen ed Equipment List for the Fire the purchase of Fragmentation to exceed $375, as requested by Carried Unanimously Flag Day Parade By Alderperson Dennis: Seconded Alderperson Killeen RIMI.VED, That an amount not to e,�:-ecd $200 be allocated to help defray expenses of the 1985 Fla, Pav Parade, as requested by the Tompkins County Flag Day Parade Ce-mittee, and be it further RESOLVED, That an amount not to exceed $200 be transferred from Account A1990, Contingency, to the Celebrations Account A7550 -435, Contractual Services. Carried Unanimously lVater and Sewer Fund Personnel By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, the automotive rep<<irs at the hater and Sewer Department are now being done by the Streets and Facilities Division of the Department of Public Works, and D -15- February 6, 1985 gt� WHEREAS) the title of Automotive Mechanic is no longer necessary; now, therefore, be it RESOLVED, That the 1985 Water and Sewer Department Personnel Roster be amended as follows: Delete - 1 Automotive Mechanic Position Add - 1 Water f; Wastewater Plant Mechanic Position Carried Unanimously Rec clin Education Coordinator k4wo" By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the City enter into an Agreement with Lynn B. Leopold to continue the City Wide Recycling Education Program, as recommended by the Recyclin Task Force, for the month of February 1985, at an hourly rate of 7.00, for a 1S -hour work week, and be it further RESOLVED, That the City Attorney is requested to prepare such Agreement, with assistance from the Recycling Task force. CO Carried Unanimously U.) Audit Cf) By Alderperson Dennis: Seconded by Alderperson Killeen Ell RESOLVED, That the bills audited and approved by the Budget and rJ1 Administration Committee, in the total amount of $21,647.52, as listed on Audit Abstract #2/1985, be approved for payment. Carried Unanimously Standardization of Radio Equipment By Alderperson Dennis: Seconded by Alderperson Holdsworth WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Motorola radio equipment as the type of equipment to be used in the City of Ithaca, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has all Motorola radio equipment and radio console. 2. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 3. Labor cost for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. 4. Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. S. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it IESOLVED, That pursuant to Section 103, Subdivision S of the General Municipal Law of the State of Nets York, this Common Council hereby authoi.izcs the standardization of i`lotorola radio equipment as the type of such equipment to he used and purchased by the City of Ithaca Police Department during the year 1955. Carried Unanimously Stalldal'dizatioli of Voice Scrambler E uL pment t�`1(IRI::1S, this Common Council hcis them requested by the City of Ithaca Police Department to standardize on Controlonics voice equipment as the type of equipment to he used in the City of Ithaca, and to auti0r_i ze the City to purchase apps -oved equipment from the manufacturer, 90 -16- February 6, 1985 or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City, for reasons of efficiency, compatability and economics, to approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has Controlonics voice scrambler equipment installed in the mobile units and the main communication desk. 2. Compatability is not possible with other brands of voice scrambling equipment. 3. The cost of maintenance, parts and service will be less than if different types of equipment were being used; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision S of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Controlonics equipment as the type of such equipment to be used and purchased by the City of Ithaca Police Department during the year 1985. Carried Unanimously Veteran's Property Tax Abatement Program By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, by Chapter S2S of the Laws of 1984 the State Legislature has modified the New York State Real Property Tax Law to provide for addi- tional tax abatement benefits for property - owning veterans, including those from the Vietnam era; and WHEREAS, this method of recognition and compensation of veterans is inherently unfair to the veteran who does not own real property, not only because such a veteran derives no benefit from the legislation, but also because such a veteran - as a renter - must actually help pa for the benefits given to the property- owning veterans; and WHEREAS, the net effect of such legislation is to shift the tax burden to the other residents of the community, both property owners and renters, including the poor, the elderly, young families, veterans who rent, business and industry; and WHEREAS, the State has provided no assessment of, nor relief from, the financial impact upon any municipality which fails to "opt out" of this program; and WHEREAS, the State Legislature has failed to enact a wide variety of veterans legislation currently before it, including that providing for educational, health and job - training benefits; and WHEREAS, the State Legislature is now considering further modification of the aforesaid tax abatement legislation, including the replacement of the same with a system of inco7e tax credits or deductions avail - able to all qualifying veternas, statewide; and WHEREAS, State recognition of the sacrifices and contributions made by veterans should be a State obligation which inures to the benefit of all veterans throughout the State, and not just those who own real property in those municipalities Yhich decline to opt out of the existing State program; now, therefore, be it AJ40; RESOLVED, That the Ithaca City Common Council does herewith strongly urge the New York State Legislature to replace the veterans real property tax abatement legislation of 1954 with a system of State in- come tax credits or deductions available to all qualifying veterans throughout the State; and be it further RESOLVED, That this Common Council strongly urges the New York State Legislature to address certain deficienceis caused by inadequate Federal benefits now available to veterans, especially those from the Vietnam era, and enact legislation accordingly; and be it finally -17- February 6, 1985 91 RESOLVED, That the Ithaca City Clerk be and lie hereby is directed to forward certified copies of this resolution to: Governor Mario Cuomo; lion. Stanley Fink, Speaker of the Assembly; Majority Leader and Minority Leader of the Now York State Assembly; Assemblyman Richard Conners, Chairman of Assembly Committee on Veterans Affairs; Senator L. S. Riford, Jr.; Assemblyman H. Sam MacNeil; New York State Conference of Mayors; New York State Association of Counties; Supervisors' and County Legis- lators' Association of the State of New York; Mayors of all Villages in Tompkins County; and Supervisors of all Towns in Tompkins County. Carried Unanimously (4moel Appointment of Department Beads By Alderperson Dennis: Seconded by Alderperson Myers RESOLVED, That the Charter Revision Commission recommendation pertain- ing to appointment of department heads and their deputies or assistants by the Mayor, with Common Council approval, be referred to the Charter and Ordinance Committee for preparation of the necessary Local Law to amend the City Charter. Discussion followed on the floor. Amendment By Alderperson Hoffman: Seconded by Alderperson Romanowski RESOLVED, That the resolution read: ", be referred to the Charter and Ordinance Committee for review and possible preparation of the necessary Local Law to amend the City Charter." Ayes (3) - Nays (6 ) - Abstention Peterson, Hoffman, Romanowski Killeen, Dennis, Holdsworth, (1) - Ha ine Motion Defeated Cummings, Myers, Schlather A vote on the Main Motion resulted as follows: Ayes (7) - Killeen, Haine, Dennis, Holdsworth, Cummings, Myers Schlather Nays (3) - Peterson, Koffman, Romanowski Carried Temporary Housing for Youth Bureau By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That a lease agreement between the City of Ithaca and Clinton West Ltd., for the temporary housing of the Ithaca Youth Bureau, be approved, and be it further RESOLVED, That Mayor John C. Gutenberger be authorized to sign on behalf of the City, subject to approval of the City Attorney. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: cable Franchise By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the federal Cable Telecommunication Act of 1984 establishes a procedure for the renewal and /or termination of cable franch=ises, all as is more fully set .forth in that Act; and WHEREAS, the City of Ithaca (here:inafter City) and American Community Cablevision, a I)ivisi_on of American Television 6 Communications Corp. (liereinafter ACC) are parties to a franchise agreement now scheduled to terminate by its terms on or about January 20, 1988; and WHERFAS, pursuant to Section 626 and related provisions of the Cable Telecommunicatioiis Act of 1984, the proceedings to renew and /or tcrminrite the cable franchise must be commenced during the six-month period which begins with Llie 36th month before the franchise expira- tion, to wit: between January 20, 1985 and Jul)' 19, 1985; and 92 -is- February 6, 1985 WHEREAS, under the terms of the Cable 'Telecommunications Act of 1984 said proceedings must be commences' for the purpose of 1) identifying the future cable- related community needs and interests, and 2) reviewing the perforr;,,ance of the cable operator under the franchise during the then current franchise term; and WHEREAS, the Ithaca City Cable Commission has been duly created and convened, and is capable of conducting such a review as agent for the City; now, therefore, be it RESOLVED, That pursuant to the Cable Telecommunications Act of 1984 the City of Ithaca, on its own initiative, does hereby commence the necessary proceedings as required by federal law for the purpose of 1) identifying the future cable - related community needs and interests, and 2) reviewing the performance of the cable operator under the franchise during the then current franchise term, all in connection with the renewal and /or termination of the existing cable franchise agreement between the City and ACC, now scheduled to expire on or about January 20, 1988; and be it further RESOLVED, That this Ithaca Common Council does herewith delegate to the Ithaca City Cable Commission the authority to conduct all hearings necessary to satisfy the requirements of the Cable Tele- communications Act of 1984 pertinent to the renewal and /or termination of said cable franchise agreement, and make findings of fact as approp ', ate with subsequent and timely recommendation to this Council suffici to enable formal action by the Council as may be required by law; and it further RESOLVED, That the City Attorney be and he is hereby requested to advise the Cable Commission in its duties as aforesaid; and be it finally RESOLVED, That the Ithaca city clerk be and lie is hereby directed to promptly furnish a copy of this resolution to ACC at its Ithaca office, as well as file a copy with the New York State Cable Commission in Albany. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Shopping Carts Ordinance By Alderperson Schlather: Seconded by Alderperson Maine ORDINANCE \�). 85 -2 AN ORDINANCE AMENDING CHAPTER 6S r \TITLED "PUBLIC SAFETY" OF THE CITY 01 ITHACA MUNICIPAL CODE BY ADDING _A NEW ARTICLE IX TO SAID CHAPTER ENTITLED "SHOPPING CARTS." BE IT ORDAINED AND ENACTED by t:e Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 65 entitled "Public Safety" of the City of Ithaca Municipal. Code be and the same is, hereby amended by adding thereto a new Article IX entitled "Shopping Carts" as follows: "ARTICLE IX SHOPPING CAR,rS S 65.90 Definitions Unless otherwise stated, the words and expressions used in this ,Article shall have meanings as follows: -19- February 6, 198S 93 1. "Public place" shall. mean a street, avenue, road, alley, public passageway, land, highway, concourse, driveway, culvert, crosswalk and sidewalk, pedestrian mall and every class of road, square and municipal. or private parking field used by the general public. 2. "Person" shall mean a natural person of either sex, corporation, partnerships, association, joint stock companies, societies and all other entities capable of being sued. 3. "Shopping cart" shall mean any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on (4w� wheels, manually operated, and identified as required herein, such as is generally provided by merchants for the conveyance of merchandise, foodstuffs and other property to automobile and other places. S 65.91 Conspicuous Identification Every person who owns, or makes available to the public, in connec- tion with the conduct of business and trade any shopping cart shall mark it or cause the same to be marked and identified conspicuously Co with the name of the owner. Such identification shall be in the form of metal tags securely fastened to the cart or a cutting or stamping on the frame of the cart or other means for permanently identifying L.)1 the owner of the cart. g 65.92 Unlawful removal and possession It shall be unlawful for any person, his agent or employee to take, remove or possess any shopping cart beyond the premises of the identi- fied owner of the shopping cart without the express permission of the identified owner. S 6S.93 Penalty for unlawful removal or possession Any person who violates any provision of S 65.92 of this Chapter shall be liable for and pay a penalty of ten dollars ($10.00) for the first such violation, and no less than $25.00 nor more than $50.00 for each subsequent violation. Each removal or possession of a shop- ping cart shall constitute a separate violation. 9 6S.94 Unlawful abandonment It shall be unlawful for any person, his agent or employee to leave or to suffer or permit to be left unattended any shopping cart, either owned by the person or in such person's possession, custody or control, at any public place within the City of Ithaca, or upon the property of another without the consent of the owner of the property. S 65.95 Remedy, for abandoned shopping carts The Superintendent of Public Works of the City of Ithaca is hereby authorized to seize and remove or cause to be removed any abandoned shopping cart within the City from any public place without notice, and from any private premises with the consent of the owner of the premises, and shall take or cause the same to be taken to a facility within the City for redemption or disposition as hereinafter provided. The Superintendent of Public Works is authorized to call upon other city agencies or clepartments to assist in enforcement of this Section. S 6S.96 RedemL_i on A. Notification. Whenever the Superintendent of Public Works shall. take possession of' any shoppin4; cart as Herein spec:i Pied, and such shopping cart contains i(ICntificati.on of ownership, a notice shall be sent by orclina1-y mail to the address of such person purported to be the owner of the cart as designated on the cart advising that such property is 11(1(1 by the City and advising the amount necessary to redeem. If the shopping cart sloes not. contain .identification of ownership as required herein, tilen the s,nne shzill be d .sposed o f i n the same manner as uric I aimc(I propert) as set forth below. 94 0- February 6, 1935 11 . Procedure; costs; immunity of City. An)- shopping cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof upon tendering the sum of Five Dollars (x`.00) for each cart to the Superin- tendent of Public Works. In addition, the person seeking to redeem shall be required to pay the cost of advertising the sale thereof, if any. No property shall be delivered to a person seeking to redeem the same unless proof establishing to the satisfaction of the Superin- tendent of Public Works such persen's ownership is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the City against any other person claiming to be entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person to whom the same ought to have been delivered may recover the same, with interest and costs, from the person to whom the same shall have been delivered. S 65.97 Disposal of unclaimed property A. Public notice; conduct of sale. Where any shopping cart remains in the custody of the Superintendent of Public Works for a period of fifteen (l5) days after mailing of notification as aforesaid, and no person has redeemed the same and presented to the Superintendent of Public Works proof establishing to his satisfaction such person's ownership thereof, the Superintendent of Public Works shall publish a notice once in the official newspaper of the City, advising that at a specified place and time not less than five (5) days after such notice is published, such property will be sold at public auction for the best price that can be obtained in excess of the redemption fee, costs of publication and other expenses of the City for conducting the sale. Such sale shall be conducted by the Superintendent of Public Works or his designee. B. In the event that any shopping cart is sold at public auction to any person other than the person who is identified on the shopping cart as the owner thereof, the City shall mark the cart so indicating and deliver to the buyer proof of such purchase. C. Resale or other disposition; immunity of City. In the event that such property shall remain unsold at public auction, the Superintendent of Public Works may reoffer said property for sale at a subsequent public auction held pursuant to this Article, or he may dismantle,destroy or otherwise dispose of the property. Any such sale or other disposition of such property pursuant to this Article shall be without liability on the part of the City to the owner of such property or other person lawfully entitled therein or having an interest therein. D. Disposition of proceeds. All proceeds received from the redemption and /or sale of abandoned shopping carts pursuant to this Article shall be deposited to the general fund of the City. Section 2. Effective Date. This ordinance shall take effect after final passage and publica- tion as required by law, but in any event no earlier than May 1, 1935 Section 3. The city clerk is hereby directed to mail a copy of thi resolution and ordinance to the following retail merchants within the City of Ithaca who have been identified as owners of shopping carts: David Strong, Manager, P F, C Food '•tarket , 212 !Hancock Street I\'ohcrt Lane, Manager, 'Cops Friendly- Market, fill S. Meadow Street Charles Cirulli, Manager, Egan's Shur -Save, 301 College Avenue Richard Smith, Manager, Buffalo Street Ithaca Super Duper, 701 1V. Buffalo Street -21- February 6, 198S95 Joseph Berry, Manager, Great American Food Store, 305 Elmira Road Robert Stack, Manager, K -Mart Discount Store, 744 S. Meadow Street Earl Mayes, Manager, Woolworth Dept. Store, 113 E. Green Street David Marruna, Manager, Northside Wine $ Spirits, Ithaca Shopping Plaza, Ithaca, New York 14850 Alderperson Romanowski read a letter from David Strong, Manager, I' I C Food Market as follows: "A similar law was passed in New Paltz, N.Y. Direct communications with the Great American manager found the redemption part of the law to be frequently enforced, but the removal part to be rarely enforced, causing a burden on the retailers involved but not having the necessary effect that it should on the people taking the carts out of the stores." Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Peterson, Killeen, Haine, Dennis, Holdsworth, Cummings, Myers, Romanowski, Schlather Nay (1) - Hoffman Carried 00 Curb Line Parking - Rescission Resolution By Alderperson Schlather: Seconded by Alderperson Hoffman (J RESOLVED, That Ordinance No. 85 -1, as passed by the Ithaca Common Council on January 2, 1985, be, and it is hereby rescinded and re- placed by the new Curb Line Parking Ordinance 85 -1 submitted con- currently herewith. Carried Unanimously Curb Line Parking - New Resolution By Alderperson Schlather: Seconded by Alderperson Hoffman ORDINANCE NO. 85 -1 AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" 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. That a new Section to be known and designated as 60.48 of ARTICLE IV entitled "PARKING, STANDING AND STOPPING" to follow Section 60.47 is hereby added to said Chapter to read as follows: "S 60.48 Curb Line Parkin No persons shall stop, stand or park a vehicle between the curb line or edge of pavement and the sidewalk or adjacent property line of any street or highway except the following streets or highways: Cliff Street, east side, within the 500, 600 and 700 blocks (parallel parking only). University Avenue, east side, from a point 7S' south of the entrance to the City Cemetery, north to Lake Street (parallel parking only). Lake Avenue, east side, from Cascadilla Street to a point 100' to the north (diagonal parking only). (Wsoe North Ti.oga Street, east side, within the 1200 block (diagonal parking only) . Ilector Street, west side, within the 200, 300, 400, 500, and 600 blocks (parallel parking only) . food Street, south side, within poll -ofl parkins; areas in the 400 block (perpendicular parking only). FIoi -aI Aire nue. , east side, wlthif' parkins; areas In the 200 block. 96 - 22 - February 6, 1985 Spencer Road, south side, in front of No. 335, 339, 341 and 343. north side, in front of No. 532 cast to Meadow Street. north side, in front of No. 548, 554, 566, 570 and 574. south side, in front of No. 543, 547, 549, 563 and S6S. both sides, in front of No. 553, 603, 659.and. 663 (parallel parking only) Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in S 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Garage Sales Ordinance By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Ordinance No. 85- entitled "_an Ordinance Amending Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code," he, and it hereby is 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 6th day of March, 1985 at 7:30 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 Planning and Development Board of the City of Ithaca and to The Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE X-0. 8S AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by tl:e Common Council of the City of Ithaca, New York, as follows: SECTION 1. That Section 30.32 entitled "Use Regulations" of Article III entitled "Supplementar-,- Regulations" of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code be, and it is hereby amended as follows: A. A new subdivision D is hereby- added to said Section 30.32 to read as follows: "S 30.32(D) No household, garage, porch or -..-ard items for sale may be stored in the open, or continually displayed, within any district where the same may be construed by proper authority to be a menace to the public health or safety, or may be held to have a detrimental in- fluence upon adjacent properties, or upon the neighborhood at large." B. The exist=ing subdivision D of Section 30.32 shall be re- lettered: "E". C. The existing subdivision E of Section 30.32 shall be re- ]�rrL*:,red: "F ". D CD a) M �lC -23- February 6, 1.985 9'7 SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of the notice as provided in Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A rote on the resolution resulted as follows: Carried Unanimously REPORT OF SPECIAL. COMMITTEES AND COUNCIL LIAISONS: Circle Greenway Liaison Killeen reported that the Circle Greenway Committee have prepared their Annual Report for 1984, describing their 1984 activi- ties and anticipated activities for 1985. The report will not be generally distributed, but are available in the Mayor's office for anyone who wants a copy. Ithaca Landmarks Preservation Commission Liaison Cummings reminded the Council that at the March Council meeting they will have to take up the issue of Ag Quad designation. If anyone has questions about it they may contact Andrea Lazarsky. Computer Advisory Committee Liaison Myers reported that the presented their proposal to the It is in its final-form with the micro computer or mike system to is interested in this it will be proposal will be before Council Planning & Development Board Liaison Romanowski reported that being distributed to all Council Computer Advisory Committee met and Budget and Administration Committee. proposal from Volcom for combined their large computer. If anyone seen again and hopefully a final next month. a report on the Farmers Market is members. G.I.A.C. Liaison Schlather reported that G.I.A.C. had its annual Martin Luther King Day breakfast, with a record turnout. NEW BUSINESS: Veterans' Exemption By Alderperson Peterson: Seconded by Alderperson Hoffman WHEREAS, Common Council adopted Chapter S2S, Veterans' Real Property Exemption, at the highest exemption level, and WHEREAS, the law allows municipalities to reduce the exemption level after January 1, 1985, and WHEREAS, the average assessment value on a home in Ithaca is around $40,000, now, therefore, be it RESOLVED, That the issue of lowering the exemption level be referred to Charter f, Ordinance Committee for possible preparation of a local law. Alderperson Hol dsworth registered objection oil the basis that this was not the proper parliamentary procedure. Mavor Gutenberi;er and City Attorney Stunibar ruled that the item was a referral; that no action would be taken by Council. that evening. Alderperson Schlather reported hay. iii;, received sonic figures from Ham DeLiboro as follows: there are no properties over the $60,000 limit; one -third of the properties are over the $= 10,000 limit, the a�,cragc being $s3,000; of all the people who applied, not a single Viet;iam veteran (li.ialified which he felt was somewhat surprising; the average age of people making, appl.icat. ion is 63.1 years. Mr. Schlather remarked that this highlights sonic of the concerns expressed in the otlier legislatioin which was passed. fie indicated that lie originally was going to vc)te against this, but thinks these figures warrant sonic sort of a rev i cis . 98 -11- February G, 1985 A vote on the resolution resulted as follows: Ayes (G) - lloffman, Peterson, Maine, Cummings, Myers, Schl.ather Nays (4) - Killeen, Dennis, Holdsworth, Romanowski Carried Alderperson Holdsworth asked if a motion to reconsider or rescind the current legislation had ever been made. Mayor Gutenberger responded that it hadn't. Alderperson Holdsworth requested that the record show that no motion to reconsider or rescind the current legislation has been made. ADJOURNMENT: On a motion the meeting adjourned at 11:52 p.m. if seph A. Rundle, City Clerk �Io�rn C. Gutenberger, Mayor/