HomeMy WebLinkAboutMN-CC-1985-04-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7 :30 P.M. April 3, 7.985
PRESENT:
Mayor - Gutenberger
Alderpersons (1Q) - Cummings, Dennis, Hai.ne, Hoffman, Holdsworth,
Killeen, Myer:, ; llel erson, Roy anowski , Sch 7 ai her
OTHERS PRESENT:
City Attorney - Stumbar
City Controller - Spano
Supt. of Public Works - Dougherty
Asst. to Supt. of P.W. - Priore
Building Commissioner - Hoard
Acting Fire Chief - Reeves
Personnel Administrator - Best -Shaw
Dir., Planning & Development - Van Cort
Dep. Dir., Planning $ Development - Mazzarella
Fire Commissioner - Anderson
Pres., PBA - Petry
Collegetown Developer - Travis
Neighborhood Housing Service - Dylla
C.D. Representatives - Goldwyn, Evans
City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
MINUTES:
Mar —cam, 1985
Alderperson Schlather requested correction of the spelling of the
name of the Appellate Division judge in Cortland, on page 4, line 13
under Billboards from Yessowich to Yesawich.
Resolution
By Alderperson Romanowski: Seconded by Alderperson Haine
RESOLVED, That the Minutes of the meeting of March 6, 1985 be
approved as corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An ordinance amending Section 30.25 of Chapter 30
entitled 'Zoning' of the City of Ithaca Municipal Code
Resolution To Open Public Hearing
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the Public Hearing concerning an ordinance amending
Section 30.25 of Chapter 30 entitled 'Zoning' of the City of Ithaca
Municipal Code be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution To Close Public [fearing
By Alderperson Cummings: Seconded by Alderperson Schlather
RESOLVED, That the Public Hearing concerning an ordinance amending
Section 30.25 of Chapter 30 of the City of Ithaca Municipal Code be
closed.
Carried Unanimously
Public Hearin 1985/86 Community Development Block Grant Application
Resolution To Open Public Hearing
By Alderperson Haine: Seconded—Fy Alderperson Myers
RESOLVED, That the Public Hearing concerning the 1985/86 Community
Development Block Grant Application be opened.
Carried Unanimously
Doug Dylla, 109 Auburn Street, addressed the Council on behalf of
Ithaca Neighborhood Housing Service, thanking them for continued
support of INHS and housing efforts in the neighborhoods; asking for
support for the Community Development Block Grant Application; and
Ili
-2- April 3, 1985
requesting help in finding creative, stable resources to enable INNS
to continue to serve Ithaca's housing needs independent of the
shrinking federal resources.
Joel Fredell, 312 Farm Street, spoke to the Council with reference
to Project Growing Hope and Community Gardens, commenting that they
are excited at the prospect of having a permanent site which would
be made possible under the CD Block Grant: Application, but are some-
what worried about the expenditure of $42,000 for a piece of land not
worth that much. He said they might have to return to the City or
IURA for more help in the process of getting a community garden at
current standards.
Resolution To Close Public Hearing
By Alderperson Peterso`n Seconded
RESOLVED, That the Public Hearing
Grant Application be closed.
by Alderperson Cummings
concerning the 1985/86 CD Block
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Charter an Ordinance _11E ttee
Alderperson Sc lat er requtbL eU addition of Item C. Ward Election
Districts -- Report.
No Council member objected.
Planning and Development Committee
Alderperson Cummings requested addition of a brief report on Neighbor-
hood Civic Association Forum, and a substitute resolution for Item
C. Collegetown Project Modification.
No Council member objected.
Human Services Committee
Alderperson Hoffman noted re: then1desksRofdcouncilgmembersctual
resolution had been placed on "In,)
Report of Special Committees and Council Liaisons
Alderperson Killeen requested addition of a brief announcement on
Circle Greenway and Cornell.
No Council member objected.
COMMUNICATIONS:
Letter from T e Reli i_ous Society of Friends
City Cler Run le called attention to a letter from Elspeth L. Rhodin,
Clerk of The Religious Society of Friends, copies of which were
distributed to all council members. The letter was attached to a
statement of principles from the Tompkins - Cortland Joint Labor
Coalition.
Resolution
By A— erperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the letter and attached resolution from Elspeth L.
Rhodin be referred to the Planning and Development Committee for
review.
Invitation to meeting
Karl F. Sc mid, 101 Brandon Place, invited the Mayor, City Council
and representatives from Public Works and Planning Departments to
attend a public meeting on April g islto5allow•people Sheldon
Court. The purpose of the meeting
East Hill neighborhoods to discuss some of their concerns, among them
density, residential parking, traffic patterns, life safety, property
values and communications to and from City Hall. Mr. Schmid requested
the Mayor to encourage people from the various departments to attend
the meeting.
TOMPKINS COUNTY BOARD OF REPRESENTATIVES:
Rep. Nichols reported t at t e Boar of Representatives had met that
afternoon at 5:30 p.m. with the Hospital Board to discuss their offer
-3- April 3, 1.985 117
to buy part of the grounds at the hospital. complex. The County Board
did agree to sell them a parcel of land and t:he wing of the hospital
closest to them for the sum of $150,000, and gave them t:he right of
first refusal on any official purchase offer under $750,000. They do
not have offers over that amount. They also agreed to include a. non -
competition clause in any sale the county might make to anybody else.
The Hospital Board intends to build a $3,000,000 two -story physicians
office building to rel:;]ace the I) Wing and part of 1:1-,e C
of the old hospital building.
Community Service Restitution Program
Rep. Nichols referre to the Human Service Committee resolution.
asking Council to support a program that the county is just getting
off the track - -the Community Service Restitution Program which is an
alternative to Incarceration Service Plan. One project proposed is
to expand that to weekends so that when. the judge assigns people to
weekends only terms they can serve their term on the Community Service
Restitution Program and not have to go to jail at all. The other part
is domiciliary restriction plan similar to the one the Youth Court has
in which people agree to stay in their own home under close supervision
CD and the sheriff will monitor them sporadically. The draft plan is
available for public comment during the entire month of April. at the
00 office of the clerk of the County Board of Representatives and at the
C main desk of the Tompkins County Library.
Mto COMMUNICATIONS FROM THE MAYOR:
At t e request of Mayor Gutenberger, Supt. of Public Works Dougherty
introduced Salvatore Priore, the newly appointed Asst. to the Supt.
of Public Works, to the Council.
Forest Home Drive
Mayor Gutenberger reported on the results of the discussions between
the City, Town and Cornell University with regard to Forest Home Drive.
They asked engineers from each group to look at the drive and come up
with a plan to rehabilitate it, and that was done. They recommended
that approximately 1,000 feet of that road be repaired at an estimate
of $165,000 to be divided three ways. The Town of Ithaca will annex
that portion of the road from the town line to Triphammer. Cornell
University agreed to put in $55,000 cash which should pay for the
materials, and the City and Town will supply the labor and equipment.
Hopefully the road will be re- opened by September of 1986.
MAYOR'S APPOINTMENTS:
Mayor Gutenberger requested approval of the following appointments:
Commons Advisory Board: reappointment of Abdul Sheik, House of
Shalimar, 171 The Commons, for a two -year term to expire December 31,
1986.
Building Code Board of Appeals: appointment of Philip L. Cox, 221
Cornell Street, for a three-year term to expire December 31, 1987.
Gadabout Board of Directors: appointment of Paul Mazzarella, Dep.
Dir., Planning and Development, as city representative.
Six Mile Creek Overseer Committee: Mayor Gutenberger designated the
terms of office for this committee as indefinite.
Resolution
By Al erperson
RESOLVED, That
by the Mayor.
Elaine: Seconded by Alderperson Killeen
the Council approves the appointments as requested
Carried Unanimously
CITY ATTORNEY'S REPORT:
R.H.P. Inc.
City Atty. Stumbar reported that Judge Yesawich denied the application
for a stay on the appeal and shortly thereafter the billboards were
removed. There is still a case pending in federal court against the
city which will probably be dismissed eventually.
118 -4- April 3, 1985
Zoning Violations -- illegal commercial encroachments into residential
zones- -Atty. Stumbar reported that he and Building Commissioner Hoard
have started a review of these and have mailed letters to persons
violating the ordinance notifying them of the violation. Appropriate
steps will be taken, if necessary, to correct violations.
Strand_ Theatre_
Atty. Stu)iihar reported that there i s still I itigat i can going o1i . I'hcrc
has been some activity with people looking at the possibility of putting
something in there, but he had no official. information.
CHARTER AND ORDINANCE COMMITTEE:
An Or finance Amen ink Section 30.25 of the City of Ithaca Municipal Co '
By Alderperson Schlather: Seconded by Alderperson Cummings
ORDINANCE NO. 85 -4
AN ORDINANCE AMENDING SECTION 30.25 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 Section 30.25 entitled "District Regulations
Chart."
That Section 30.25 be amended as follows:
Col. 2: delete item 11 under R -3.
Col. 4: delete item 7 under R -3.
Col. 5: delete 'Medical or dental office' from item 3 under R -3.
Col. 2: add. 13. Medical or dental office (see Sec. 30.60)' under C -SU.
Col.. 4: add 13. Medical or dental office: 1 space per 250 s.f. of floor
floor space' under C -SU.
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in 9 3.11(B) of
the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Hoffman, Killeen, Haine, Dennis, Cummings,
Myers, Romanowski, Schlather
Nay (1) - Holdsworth Carried
Introducing Proposed Changes to the Zoning Ordinance Amending
Section 30.40 of Cha ter 30 and for Pu lic Notice of
Public Hearing
By Alderperson Schlather: Seconded by Alderperson Hoffman
BE IT RESOLVED, That Ordinance No. 85- , entitled "An Ordinance
Amending Section 30.40 of Chapter 30, Entitled 'Zoning' of the City
of Ithaca Municipal Code" be, 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, NeCity flail at
York Wednesday, ednesday� 8 s Green
Street
of Ithaca, 30
o'clock 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
00
(3)
-5-
April. 3, 1985 1.1 11)
RESOLVED, That the City Clerk shall transmit forthwith to the Board
of Planning and Development and to the Tompkins County Planning Board
a true and exact copy of the proposed zoning ordinance for its report
thereon.
ORDINANCE NO. 85-
AN ORDINANCE AMLN1iING SECTION '6.li) OF CHAPTEP :�0 ENTITLED
OF THE CITY OF ITHACA MUNICIPAL CODE BY DESIGNATION OF SUBDIVISION A
AND ADDITION OF SUBDIVISION B ENTITLED "YARD MAINTENANCE "; AND
AMENDING SECTION 30.3 BY ADDITION OF PARAGRAPH 99 TO SUBDIVISION B
ENTITLED "SPECIFIC TERMS OR WORDS."
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. That S 30.40 entitled "General standards applying
to all land uses" be and the same is ere y amended to read as
follows:
"A. All uses hereafter permitted shall conform to the current
New York State Board of Health Requirements and to the standards
listed below:
1. Noise. Noise levels at any point along the lot line of
any land use shall not exceed intensities considered acceptable by
the American Standards Association. Sound or noise levels deemed by
the ASA standards injurious or detrimental. to adjacent land. uses
MUST BE CONFINED TO THE EMITTING LAND USE.
2. Smoke. No smoke shall be emitted in violation of any
provisions of this Municipal Code.
3. Odor. No odor shall be emitted in violations of any pro-
visions of this Municipal Code.
4. Ash, dust, dirt. No amount of soot, cinders, dust or dirt
shall be emitted in violation of any provisions of this Municipal
Code.
S. Glare and heat. No direct or reflected glare or heat from
any source shall be detectable beyond the lot lines of.any land use.
6. Pollution. No connection with any public sewer or appurte-
nance shall be made or maintained in such a manner that there may be
conveyed or created any hot, suffocating, corrosive, inflammable,
poisonous or explosive liquid, gas, vapor, substance or material of
any kind. No wastes conveyed to or allowed to flow in and through
the sewer or appurtenance shall contain materials which contain or
create deposits obstructing flow in the sewer.
7. Vibration. No use shall be operated so that ground vibration
is perceptible without instruments, at any point along the lot lines
of such uses."
"B. Yard Maintenance.
All owners of occupied or vacant buildings, or vacant but previously
developed lots, shall be required to comply with the following yard
maintenance standards:
1. Any yard area (front, side, and rear) belonging to an
occupied or vacant building, and any previously developed vacant lot,
shall be cleared and maintained free of trash, solid debris, or any
other material that causes litter and accumulates to unhealthy and
blighting proportion. Composting of vegetation or food scraps which
does not throw off any obnoxious odor shall not be prohibited by this
section.
2. No grass, weeds, or vegetation whatsoever shall be permitted
to grow or remain on the side, front and /or rear yards of any property
120
-6- April 3, 1985
containing an occupied or vacant building, or any previously developed
parcel, to such extent as to produce an unsightly, disagreeable
appearance objectionable to the neighborhood and not consistent with
neighborhood standards of yard upkeep, or to throw off any obnoxious
odor. Any vegetation planted for some useful or ornamental purpose
shall not be governed by this requirement.
:7, l:he Building Conuni.ssioner x11,111 aiol::i.fy i:he owner of t:he
property in writing of any violations of this section. Such notice
shall be served in person or by mail to the address appearing on the
City tax roll, requiring such person within a time specified in such
notice, but in no event less than five (5) days from the service or
mailing thereof, to comply with this section and to cause the grass,
brush, or rubbish to be cut back or removed. so as to comply with this
Section. Such notice shall also state that the property owner may
contest the finding of the Building Commissioner by making a written
request to have a hearing on the matter to be held at the next regu-
larly scheduled meeting of the Board of Public Works; this written
request must be mailed and postmarked, or personally delivered to the
Building Commissioner within the 5 -day compliance period; any such
written request for a hearing shall automatically stay further enforce-
ment concerning the alleged violation pending such hearing; the
decision of the Board of Public Works, by majority vote, shall be
binding, subject to any further judicial review available to either
the City or the property owner. Upon the failure of such owner to
comply with such notice, or alternatively request a hearing as afore-
said, within the time limit stated therein, or upon a Board of Public
Works determination after a hearing that a violation exists, the
Building Commissioner shall refer the matter by memorandum to the
Superintendent of Public Works, who shall cause such premises to be
put in such condition as will comply, and shall charge the cost there-
of to the owner of said premises, including a fifty percent (50a)
charge for supervision and administration. The minimum charge to the
property owner shall be twenty -fire dollars ($25.00). Bills rendered
for such services shall be handled in the manner prescribed by
Section 272.2 of the Municipal Code.
4. In cases where the Board of Zoning Appeals finds that a
property is of such size or of such topographical characteristics
as to make compliance with this Section impractical or a financial
hardship to the owner, the Board may grant an exemption from the
requirements. Similarly, if the Board finds that there exists a
situation involving desirable plant species or animal habitat deemed
worthy of preserving, it may grant an exception from the requirements."
SECTION 2. That g 30.3 entitled "Definitions," be and it is hereby
amended to add a new Subdivision 99 entitled "Previously developed
vacant lot or parcel ":
1199. Previously developed vacant lot or parcel: A lot or parcel
of land upon which one or more buildings have been erected at some
time in the past, but upon which no buildings now stand."
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in 9 3.11(B) of
the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
curnp
Election Districts
Alderperson Schlather reported that during the last voter registration
drives so many voters were registered that we now have to create more
election districts. The law states that we may not have more than
950 voters in any election district which has two voting machines and
no more than 800 voters in any district having only one machine. We
have a number of districts where the voter registration is in excess
of the numbers allotted by law; therefore, we must either create new
election districts within the wards, or redraw the election districts.
-7-
April. 3, 1985 121
Different districts can be allowed to vote at the same location.
Mr. Schlather requested the alderpersons from each ward to recommend
at the next meeting what they believe the new districts should be
because the Board of Elections needs this information by early May
so that it may have the boundaries drawn and polling districts
designated in time for the fall elections.
PLANNING AND DEVELOPMENT C:OMIITTEE.
Yout Bureau Building
Al erperson Cummings reported that both the Planning and Development
and Budget and Administration Committees have reviewed the plans for
the Youth Bureau building and no action was taken. Deferral of a
(600.11 month was granted while recommendation is being made that the plans
go back to the architect for further work with assistance from an
engineer. They expect to have more solid figures to present next
month.
Community Development Application
By rperson Cummings: Seconded by Alderperson Dennis
WHEREAS, Common Council recognizes the need to continue efforts which
(_D enhance and preserve residential neighborhoods, promote job creation
and retention, and improve community facilities, and
WHEREAS, the Planning and Development Committee has reviewed the
proposed Community Development Block Grant Application as adopted by
the Ithaca Urban Renewal Agency /Community Development Agency and
< endorsed by the Planning and Development Board and the Planning and
Development Committee of Common Council; now, therefore, be it
RESOLVED, That the Common Council approve the 1985/86 Community
Development Block Grant Small Cities budget and programs as recom-
mended by the Ithaca Urban Renewal Agency /Community Development Agency,
and be it further
RESOLVED, That the Mayor be and hereby is authorized and directed to
sign upon advice of the City Attorney and the Director of Planning
and Development any and all instruments necessary to submit the City's
1985/86 Community Development application to the United States
Department of Housing and Urban Development.
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
Recess
Common Council recessed at 9:30 p.m. and reconvened in regular
session at 9:40 p.m.
Collegetown Project Modification - Substitute Resolution
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the City of Ithaca has established a program for the re-
development of Collegetown which includes the provision of parking,
housing, street improvements and sidewalk improvements; and
WHEREAS, the City of Ithaca and Eddygate Park Associates have entered
into a Development Agreement which specifies the terms of an agree-
ment between the two parties for the sale of air rights, the con-
struction of a parking facility and housing, the use of Housing
Development Grant funds and other rights and responsibilities of each
party; and
WHEREAS, Eddygate Park Associates has applied for long -term financing
for the Eddygate Park Apartments from the New York State Housing
Finance Agency and the Federal National Mortgage Association; and
WHEREAS, the Federal National Mortgage Association has required that
as a condition for the approval of the financing package, long -term
122 -8- April 3, 1.985
parking for the tenants of the Eddygate Park Apartments must be
provided on the project site; and
permission from the
in the parking facility
Eddygate Park
it
WHEREAS, Eddygate Park Associates has requested
City of Ithaca to construct additional parking
which will by
. b designated clVe1 e
Associates be
RESOLVED, That the City of Ithaca hereby approves the request of
Eddygate Park Associates to build additional parking in the Dryden
Road parking facility for the use of Eddygate Park Associates or
their lessees, if Eddygate Park Associates' financing sources require
it subject to the following conditions:
A)' Eddygate Park Associates shall compensate the City for the right
to build the additional parking in an amount that is proportionally
equal to the amount paid to the City for the air rights to construct
the apartments. The proportion shall be based on the volume of
space required to build both the apartments and the additional
parking, with the cost per cubic foot of the space required to
U tments determining the cost per cubic foot of the
build t e agar
space for the additional parking.
Associates shall pay the entire cost of constructing
parking, including planning and design costs ad
costs that may be incurred in the Cit s portion
as a result of this addition.
B) Eddygate Park
the additional
any additional
of the project
C) Eddygate Park Associates shall pay to the City an annual mainten-
ance fee that equitably compensates the City for costs that are
incurred in the City's portion of the parking facility as a. result
of activities associated with Eddygate Park Associates' portion
of the parking facility; and be it further
RESOLVED, That the City Attorney is authorized to prepare amendments
to the Development Agreement, Mortgage,
Note, and Housing Developmen
Grant Agreement that reflect these changes and that the Mayor is
authorized and directed to sign the amendments to said documents.
Discussion followed on the floor.
Amending Resolution
By Al erperson Killeen: Seconded by Alderperson Haine The
RESOLVED, That the project modification include condition "D)
City shall have the right of first refusal to purchase the additional
parking from the developer if said parking is sought to be severed
from the apartment parcel and sold separately by the owner or a future
owner and provided further that such right of first refusal is
acceptable to the developer's mortgagee." Carried Unanimously
Further discussion followed.
A vote on the Main motion as amended resulted as follows:
Ayes (9 ) -
Nay (1) -
Peterson,
Cummings,
Schlather
Hoffman, Killeen, Haine, Dennis, Holdsworth,
Myers, Romanowski
Carried
Alternate Side Parking
S
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, concerns have continually been expressed by the residents
of the City of Ithaca about eetthe advisability of retaining the present
alternate side of the parking and
WHEREAS, it
s recognize maintenancce conditions
publicrelating
safetyoarehousing,
continually
on-
street parking,
changing in the City of Ithaca; and
IVHFRF,AS, alternatives to the present alternate side of the street
parking rules have been employed successfully in other cities; now
therefore, be it
April 3, 1985 123
RESOLVED, That the Mayor is requested to appoint an ad hoc committee
to study the parking needs of the City and. make recommendations
concerning the present on- street parking regulations and alternatives
to that system, and be it further
RESOLVED, That said ad hoc committee shall report its findings to
the Board of Public Works and the Common Council at the earliest'
possible date.
Discussion followed on the floor.
Coe A vote on the resolution resulted as follows:
Ayes (7) - Peterson, Hoffman, Killeen, Ha.ine, Dennis, Cummings,
Myers
Nays (3) - Holdsworth, Romanowski, Schlather
Carried
Department of Social Services Location
By Alderperson Cummings: Seconded y Alderperson Killeen
WHEREAS, Common Council previously expressed its concern about a
possible decision by Tompkins County to move the offices of the
Department of Social Services (DSS) to a new location outside the
City of Ithaca in a resolution dated February 2, 1983, which carried
unanimously; and
M WHEREAS, Common Council continues to believe that moving the Depart-
ment of Social Services away from its present central location in
the City of Ithaca will create severe hardships for the clients of
the Department of Social Services due to the increased travel time
that will be needed to reach the DSS offices, the reduced availability
and frequency of public transportation serving outlying sites and the
isolation of outlying sites from other services, businesses and
cultural resources; now, therefore, be it
RESOLVED, That Common Council hereby reaffirms its resolution of
(600" 1
February 2, 1983, and be it further
RESOLVED, That Common Council does hereby respectfully urge the
Tompkins County Board of Representatives to keep the offices of the
Department of Social Services in or near their present location in
downtown Ithaca, and be it further
RESOLVED, That the City Clerk is directed to convey this resolution
to each member of the Tompkins County Board of Representatives, with
specific notification of the action of the Common Council to the
five representatives of the City of Ithaca.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Planning and Development Department Work Plan
Alderperson Cummings reported that t e Planning and Development
Board has reviewed the Planning & Development Work Plan and referred
it to the Committee. Copies are available for review from Director
Van Cort.
(Woo"' Zoning Amendment Process
Alderperson Cummings reported that there has been a preliminary
review of a routing sheet devised to tell where zoning changes are
at all times. The plan will be approved by committee and brought to
Council for endorsement.
Lower South Hill Zoning Request
Alderperson Cummings reporte that residents in the 200 block of
Pleasant Street have requested to have both sides of the street
zoned the same (R -2) and are working with the neighborhood planner
-on the matter.
Neighborhood Civic Association Meeting
Alderperson Cummings reported that the Civic Associations had met
124 -10- April 3, 1985
in the Council Chambers a couple of weeks before. They indicated
they would like the groups to get together quarterly in City Hall to
meet with each. other and exchange information. Their long -range
goal is to figure out a formal input process for neighborhood civic
groups.
HUMAN )I RVI CES COMMITTEE:
Commu . nity Service Restitution Program
By Al erperson Hoffman: Seconded y Alderperson Schlather
WHEREAS, the Tompkins County Probation Department has established a
Community Service Restitution Program to provide an alternative to
incarceration, requiring low -risk offenders to perform useful service
for the community, and alleviating overcrowding at the county jail; a
WHEREAS, the City of Ithaca can increase the effectiveness of this
program by agreeing to participate and to consider placement of
offenders under supervision of City departments; and
WHEREAS, Tompkins County has agreed to assume all liability for any
offenders placed under City supervision, and to reimburse the City
for any additional workers' compensation costs; now, therefore, be it
RESOLVED, That Common Council hereby endorses City participation in
the Community Service Restitution Program; and be it further
RESOLVED, That Common Council authorizes the Mayor to sign an agree-
ment with Tompkins County that formalizes City participation and
stipulates County assumption of liability and reimbursement by the
County of additional City workers' compensation costs. Such agreement
shall include no fee on the part of the City, and shall be subject to
approval as to form by the City Attorney; and be it further
RESOLVED, That all City department heads are encouraged to explore
the possibility of accepting appropriate offender placements within
their departments, and that initial referrals and financial record -
keeping be handled by the City Personnel Department; and be it furthe
RESQLyLD; That n9_:ge.rs_on placed _thr_ough_ the Community Service Restitu
;tien Program shall be used in such a manner as to replace a permanent
City employee or to reduce the regular hours of a pe'rmanent City em-
ployee; and he it further
RESOLVED, That City participation in the Community Service Restitution
Program shall be reviewed and evaluated by the Human Services
Committee before Dec. 31, 1985, and a report recommending continuation,
modification, or discontinuation shall be made to Common Council.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Hoffman,
Myers, Romanowski,
Nay (1) - Cummings
1986 Revenue Sharing Application
By Alderperson Hoffman: Seconded
WHEREAS, the City of Ithaca may be
its 1986 Revenue Sharing funds for
human service agencies, and
I-
Killeen, Haine, Dennis, Holdsworth,
Schlather
Carried
by Alderperson Myers
able to appropriate a portion of
support of activities of local
WHEREAS, the Human Services Coalition is funded in part by the City
of Ithaca to provide an objective overview of human services needs
and provision, and to evaluate requests for City support; now, there-
fore be it
RESOLVED, That the City of Ithaca hereby establishes June 15, 1985 as
the deadline for receipt of applications from any community agency or
group that wishes to apply for 1986 Revenue Sharing funds from the
City of Ithaca; and be it further
RESOLVED, That all applications for 1986 City of Ithaca Revenue Sharing
funds shall he received and evaluated by the Iluman Services Coalition,
which shall report its findings to the Iluman Services Committee of
Common Council by August 15, 1985; and he it further
-11 -_ April. 3, 1985 125
RESOLVED, That the following criteria shall be used by the Coalition in its review
of reauests:
A -1 The proposal must meet all federal. revenue sharing requirements.
A -2 The applicant must complete the Human Services Coalition revj.ew.
B. The Coalition shall award po.inis, for the degree to which the
proposal meets the following r i 1: c:i °ia, on a scale of l to ! ,
5 being the most desirable rating, for each criterion; if
cant appl.j_-
cant does not supply sufficient information for Coalition to
make a judgment, proposal receives zero points in each such case.
-1 Agency will serve City residents at least in proportion of
Revenue Sharing funding requested compared to total program
budget; budgets for 1985 and 1986 ' and financial reports for
1983 and 1984 should be submitted with application; other funding
sources sought for 1986 should be enumerated.
-2 The proposal will serve an identifiable need-which does not
duplicate another service,
CD -3 The proposal will result in a direct savings to the City in its
00 implementation; specify a dollar amount if possible.
G)
r1l -4 The proposal is designed to effectively meet the needs of its
[j clients; proposal includes measurable objectives.
-5 Applicant's agency demonstrates sound management practices.
-6 Population to be served by proposal can be shown to be a popu-
lation in financial need.
-7 Agency has thoroughly sought other sources of funding.
-8 Smaller amount requests to be favored under the point system:
$2000 or less = 5 points $2001 -5000 = 3 points
$5001 - 10,000 = 1 point over $10,000 = 0 points
and be it further
RESOLVED, That the HumanlServices Coalition shall review all pro-
posals that meet Criteria A -1 and A -2 (above), may comment on the
requested dollar amount and may recommend funding at a lower amount,
and shall inform the applicant of the Coalition's recommendation and
make a copy of such report available to the applicant.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Hoffman, Killeen, Haine, Dennis, Holdsworth,
Myers, Romanowski, Schlather
Nay (1) - Cummings
Carried
Road Salting
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca adopted a minimal road salting policy in
1976 and identified which locations to be treated with salt on a
priority basis, and
WHEREAS, members of Common Council have received numerous complaints
about the amount of road salt used this winter season and the time
and location of the application of the salt, and
WHEREAS, the Human Services Committee has recommended that the salting
policy and actual practices of the City should be reviewed; now,
therefore, be it
RESOLVED, That the Human Services Committee be authorized to forward
a letter of concern about road salting to the Board of Public Works
and Superintendent Dougherty, and be it further
126 -12- April 3, 1985
RESOLVED, That the Board of Public Works and the Conservation Advisory
Council be and they hereby are requested to review the existing road
salting policy and make final recommendations to the Board of Public
Works for modification of the same as appropriate for the 1985 -1986
winter season.
Discussion followed on the floor.
A vote on the resolution .resulted as follows:
Ayes (9) - Peterson, Hoffman, Killeen, Haine, Dennis, Myers,
Romanowski, Schlather, Cummings
Nay (1) - Holdsworth Carried
BUDGET AND ADMINISTRATION COMMITTEE:
Energy Improvement Fun s
By Alderperson Dennis: Seconded by Alderperson Killeen
WHEREAS, an investigation has been conducted into the purchase and
installation of a domestic hot water heater for the Central Fire
Station, and
WHEREAS, an annual power savings of $1,560 has been estimated, and
WHEREAS, this project has been endorsed by the Energy Commission and
the Board of Fire Commissioners; now, therefore, be it
RESOLVED, That this Common Council approves the release of funds in
an amount not to exceed $4,500, from Capital Reserve No. 24 - Energy
Program Improvements, for the purchase and installation of a domestic
hot water heater at Central Fire Station.
Carried Unanimously
1984 Finance Department Annual Report
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That this Common Council acknowledges the receipt of the
1984 Finance Department Annual Report.
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $7,481.27, as
listed on Audit Abstract #6/1985, be approved for payment.
Carried Unanimously
Asst. to Supt. of Public Works Appointment
By Alderperson Dennis: Sect by Alderperson Killeen
RESOLVED, That Salvatore Priore be provisionally appointed to the
position of Assistant to the Superintendent of Public Works, at an
annual salary of $29,962 for the year 1985, effective March 25, 1985,
as recommended by the Board of Public Works.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) -
Nay (1) -
Peterson,
Cummings,
Schlather
Hoffman, Killeen, Haine, Dennis, Holdsworth,
Myers, Romanowski
Carried
Asst to Supt. of Public Works Movin Expenses
By Alderperson Dennis: Seconde y Alderperson Haine
RESOLVED, That an amount not to exceed $-580 be authorized for reim-
bursement of moving expenses for the newly appointed Assistant to the
Superintendent of Public Works, as recommended by the Board of Public
Works.
Carried Unanimously
C.S.E.A. - Administrative Unit Contract
By Alderperson Dennis: Secon e y Al erperson Schlather
RESOLVED, That the Agreement between the City of Ithaca and the Ithaca
-13-
,
April, 3, 1.985 4 •. 1
Unit of the Civil Service Employees Association, Inc. - Administra-
tive Unit, for the year 1985, effective with I -Ile first payroll
period of 1985, be approved as recommended by the City's Negotiator,
and that the Mayor and City Clerk be authorized and directed 1:o sign
and execute the contract on behalf of the City under its corporate
seal.
Carried. Onanimously
Compensation for Employees Not Covered by Contract
By Alderperson Dennis: Seconded by Alderperson Myers
RESOLVED, That all City employees not covered by a formal contract,
excluding positions designated as management, be granted increases for
the year 1985, effective with the first payroll period of 1.985, and
fringe benefits in accordance with the following:
Positions designated as confidential and the unrepresented
titles of Administrative Assistant to the Mayor, Admini-
strative Secretaries, Golf Course Manager and Civil Service
Secretary, shall be treated as if they were members of the
C.S.E.A. - Administrative Unit.
Carried Unanimously
Senior Clerk Position
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, the Finance Department has reviewed and updated the job
{; description of the position of Account Clerk /Typist, and
WHEREAS, the Civil Service Commission has reviewed and approved the
Position Duty Statement concerning the expanded duties of Account
Clerk /Typist to be appropriate for the title of Senior Clerk; now,
therefore, be it
RESOLVED, That Sandra Ryan be provisionally promoted to the title
of Senior Clerk, with an annual salary of $9,104, that being Step 1
of the 1985 C.S.E.A. - Administrative Unit Compensation Plan,
effective April 22, 1985, and be it further
RESOLVED, That the Civil Service Secretary be requested to call for
a promotional examination.
Bond Anticipation Note
A Resolution Providing for the Consolidation and Details of $476,510
Serial Bonds of the City of Ithaca, Tompkins County, New York, in
Connection With Various City Purposes.
By Alderperson Dennis: Seconded by Alderperson Schlather
BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. Of the $389,013 serial bonds authorized by bond resolu-
tion dated October 5, 1983, for the reconstruction of a portion of
Floral Avenue, including the resurfacing thereof, realignment and
alteration of the grading of said street, the purchase of installa-
tion of new curbing and storm sewers and water lines where necessary,
in and for the City of Ithaca, Tompkins County, New York, there shall
be issued and sold $311,210 serial bonds which shall mature $31,121
on July 1 in each of the years 1985 to 1994, both inclusive, and shall
be consolidated with other issues of bonds as hereinafter authorized.
It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance
I,aw, computed from October 6, 1983, the date of the first bond antici-
pation note issued therefor. It is hereby further determined that
the sum of $77,803, from a source other than the proceeds of bonds
or bond anticipation notes, was used on October 6, 1984, to partially
reduce outstanding bond anticipation notes of said City for such
purpose.
Section 2. Of the $526,500 serial bonds authorized by bond resolution
crated May 2, 1979, for the reconstruction of streets in and for the
City of Ithaca, Tompkins County, New York, including the 200 blocks
of North Tioga Street, the 100 and 200 blocks of North Aurora Street
12 -14 - April 3, 1985
and the 300 blocks of East State Street, such reconstruction to in-
clude curbs, gutters, sidewalks, drainage, landscaping and grading and
improvement of the right -of -way and other incidental improvements in.
connection therewith, there shall be issued and sold $105,300 serial
bonds which shall mature $10,530 on July 1 in each of the years 1985
to 1994, both inclusive, and shall be consolidated with other issues
of bonds as hereinafter authorized. It. is hereby determined that the
period of p.r,,.>bable usefulness :)f thc� aforesaid c 1a:.s of objcc.i:s oi-
purposes is fifteen years, pursuant to subdivision 20(d) of paragraph
a of Section 11.00 of the Local Finance Law, computed from July 1.0,
1979, the date of the first bond anticipation note issues therefor.
It is hereby further determined that the sum of $105,300, from a sour(
other than the proceeds of bonds or bond anticipation notes, was used'
on July 10, 1981, July 10, 1982, July 10, 1983, and July 10, 1984, to
partially reduce outstanding bond anticipation notes of said City for
such purpose.
Section 3. Of the $205,000 serial. bonds authorized by bond resolution
ated May 2, 1979, for the reconstruction of the Green Street Parking
Ramp located in the 100 blocks of East Green Street, including inci-
dental expenses in connection therewith) there shall be issued and sold
$41,000 serial bonds which shall mature $4,100 on July 1 in each. of the
years 1985 to 1994, both inclusive, and shall be consolidated with
other issues of bonds as hereinafter authorized. Its hereby deter fined
that the period of probable usefulness of ai hP
or purpose is twenty years, pursuant to subdivision 12(a) (1) of para-
graph a of Section 11.00 of the Local Finance Law, computed from July 10,
1979, the date of the first bond anticipation note issued therefor. It
is hereby further determined that the sum of $41,000, from a source other
than the proceeds of bonds or bond anticipation notes, was used on July
lly
10, 1981, July 10, 1982, July 1 ,
reduce outstanding bond anticipation notes of said City for such purpose.
Section 4. Of the $95,000 serial bonds authorized by bond resolution
ated May 2, 1979, for the original improvement and embellishment of
Cass Park in and for the City of Ithaca, Tompkins County, New York, is
eluding the installation of ball field lighting, there shall be issue
and sold $19,000 serial bonds which shall mature $1,900 on July 1 in
each of the years 1985 to 1994, both inclusive, and shall be consolidated
with other issues of bonds as hereinafter authorized. It is hereby de-
termined that the period of probable usefulness of the aforesaid
specific object or purpose is fifteen years, pursuant to subdivision
19(c) of paragraph a of Section 11.00 of the Local Finance Law, computed
from July 10, 1979, the date of the first bond anticipation note issued
therefor. It is hereby further determined that the sum of $19,000, from
a source other than the proceeds of bonds or bond anticipation notes,
was used on July 10, 1981, July 10, 1982, July 10, 1983, and July 10,
1984, to partially reduce outstanding bond anticipation notes of said
City for such purpose.
Section S. The serial bonds described in the preceding sections here-
ZT-s-IT-all be consolidated for purposes of sale into one bond issue in
the aggregate principal amount of $476,510, which shall be issued in
the form of a single registered typewritten statutory installment bond,
to be designated substantially CITY PURPOSES (SERIAL) BOND, 1985. Said
bond shall be dated April 1, 1985, shall be in the denomination of
$476,510, shall provide for the payment of such principal sum
July 1
$476,510 in ten equal annual installments, payable ,
in each of the years 1985 to 1994, both inclusive, shall bear interes'
at the rate of eight and thirty hundredths per centum (8.300) per
annum, payable July 1, 1985, and semi- annually thereafter on January
and July 1. Both principal of and interest on such statutory install nt
bond will be payable in lawful money of the United States of America at
Tompkins County Trust Company, in Ithaca, New York. Such statutory
installment bond shall be signed in the name of said City of Ithaca,
Tompkins County, New York, by its City Controller, sealed with its
corporate seal, and attested by its City Clerk.
Section 6. All other matters, except as provided herein relating to
suci statutory installment bond, shall be determined by the City Con-
troller of said City.
Section 7. The faith and credit of said City 01 Ithaca, Tompkins County,
-15- April. 3, 1985 �jQ
New York, are hereby irrevocably pledged to t:he payment of the
principal of and interest on such bond as the same respectively be-
come due and payable. An annual appropriation shall. be made in each
year sufficient to pay the principal, of and interest on such bonds
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 �,,o �.i)c'h bonds as the game become
due anti ; ay,, ti l c
Section 8. Pursuant to the provisions of paragraph b of Section
3.00 of the Local Finance Law, as last amended, said statutory
installment bond is hereby sold at private sale to the Tompkins
County Trust Company, in Ithaca, New York, at par and accrued interest,
if any, it being hereby determined that the total amount of bonds sold
by said City at private sale in accordance with the provisions of said
paragraph b of Section 63.00 of the Local Finance Law for its current
fiscal year, including the statutory installment bond. herein authorized,
is not in excess of $500,000. The receipt of the City Controller shall
be a full acquittance to the purchaser of such statutory installment
bond, who shall not be obliged to see to the application of the
E(.► purchase money.
Section 9. This resolution shall take effect immediately.
The question of the adoption of the foregoing resolution was duly put
t� to a vote on roll call, which resulted as follows:
Haine Aye Killeen Aye
Cummings Aye Holdsworth Aye
Dennis Aye Hoffman Aye
Peterson Aye Romanowski Aye
Schlather Aye Myers Aye
Carried Unanimously
Dept. of Public Works Personnel Roster
By Alderperson Dennis: Seconded y Alderperson Killeen
RESOLVED, That the 1985 Personnel Roster of the Department of Public
Works be amended, as requested by the Board of Public Works, as
follows:
Add: 1 - Meter Repairer (40 Hrs.)
Add: 4 - P/T Parking Meter Checker (19 firs.)
be it further
RESOLVED, That the Parking Meter Checker position be placed on Grade
22 of the 1985 D.P.W. Unit Compensation Plan, with a salary range of
$4.60 /hr. - $5.38/hr., and the Meter Repairer be placed on Grade 25
of the 1985 D.P.W. Unit Compensation Plan, with a salary range of
$5.14 /hr. - $6.01 /hr.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Exempt Property
By Alderperson Dennis: Seconded by Alderperson Killeen
WHEREAS, a Bill has been introduced in the 1985 Legislature that
(4000e would permit notice to be published in the newspaper stating that
the list of exempt property in the City is on file in the Office of
the City Clerk and available for inspection, and
WH REAS, the Conference of Mayors has considered this Bill and
recommends that it be enacted into law; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca, urges
Senator Warren M. Anderson, Senator Manfred Ohrenstein, Assemblyman
Stanley Fink, Assemblyman Daniel B. ]Walsh, Assemblyman Clarence D.
Rappleyea, Governor Mario M. Cuomo and Donald A. Walsh, General
Counsel, New York State Conference of Mayors, to support Bills No.
A. 2789/S. 1979, and be it further
130
-16- April 3, 7.985
RESOLVED, That the City Clerk cause certi.ficd copies to be forwarded
to the above named New York State Legislators, Governor Cuomo and
the General Counsel for New York State Conference of Mayors.
Carried Unanimously
Health Insurance
By A1derl7nrson Dennis, Seconded Al derperson Myers
RESOLVED, That the Agreement between the ( ;i.ty of Ithaca anal Third
Party Claims Administrator of Elmira, New York (TPCA), for claims
processing services and administration, be approved for a period of
two years (May 1, 1985 through April. 30, 1987), at an estimated annua
cost of $23,000, based on $4.00 per person per month, and an estimate
annual cost of $4,000 for the prescription drug program, and be it
further
RESOLVED, That the Mayor be authorized to sign such Agreement on
behalf of the City, subject to the review of the City Attorney as to
form and content.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Circle Greenway
Liaison Killeen announced that the Circle Greenway and Cornell
Plantations are sponsoring a "Town and Gown Wildflower Day" on
April 27, 1985. There will be talks and walks at Cornell`s Mundy
Wildflower Garden in the morning, demonstrations and walks in Six
Mile Gorge Wildflower Preserve in the afternoon. Everyone is
invited.
Six Mile Creek Overseer Committee
Liaison Peterson called attention to a Report which had been dis-
tributed to all Council members, asking them to read it and in-
forming them that a complete report will be submitted soon.
ADJOURNMENT:
On a motion the meeting adjourned at 11:17 p.m.
4 ep A. Rundle, City Clerk
r
John C . Gut'en erger -; Mayor
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