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HomeMy WebLinkAboutMN-CC-1985-05-01COMMON COUNCIL PROCEEDINGS 1.31 CITY OF ITHACA, NEW YORK Regular Meeting 7;30 P.M. May 1., 1985 PRESENT: Mayor - Gutenberger Alderpersons (9) - Cummings, Dennis, Haine, Hoffman, Holdswort:h, Myers, Peterson, Romanowski., Schlather. ABSENT: (Alderpersor.I (1) Kil_Lec;i� OTHERS PRESENT: City Attorney - Stumbar City Controller - Spano Dep.. Controller - Cafferillo Supt. of Public Works - Dougherty Asst. to Supt. of P.W. - Priore Building Commissioner - Hoard Dir., Planning $ Development _. Van Cort Personnel Administrator - Best -Shaw ,ast; Fixe. Chief.. -, Olmstead Acting Fire Chief - Reeves City Engineer - Novelli. �!I IURA members - Gutenberger., Dennis C.D. staff - Jones, Evans E ' Recycling Coordinator Lynn Leopold City Clerk - Rundle f�f Dir., Youth Bureau - Cutia. +`f PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance 1:0 the American flag. MINUTES: April 3, 1985 Alderperson Schlather requested the following corrections: page 7, line 3 should read, 91at the next C$O meeting page 10: the vote on the Community Service Restitution Program resolution should be changed to, 'Carried Unanimously "; page 13: the vote on the Senior Clerk Position resolution should read, "Carried Unanimously." Alderperson Hoffman requested correction of the following: page 10: the final RESOLVED in the 1986 Revenue Sharing Applica- tion resolution should read, "RESOLVED, That the follow- ing criteria shall be used by the Coalition." Resolution By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the Common Council meeting of April 3, 1985 be approved as corrected. Carried Unanimously SPECIAL ORDER OF BUSINESS: Pu lic Hearing - Proposed Changes to the Zoning Ordinance amending Chapter 30, Sections 30.40 and 30.3 of the City of Ithaca Municipal Code. Resolution To Open Public Hearina By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Public Hearing to consider changes to th- -_,,,ling Ordinance amending Chapter 30, Sections 30.40 and Vl.., of the City of Ithaca Municipal Code he opened. Carried Unanimously No one appeared to speak to the hearing. Resolution To Close Public Hnarirns, By Alderperson Romanows is Seconded by Alderperson Haine RESOLVED, That the Public Bearing to consider changes to the Zoning Ordinance amending Chapter 30, Sections 30.40 and 30.3 of the City of Ithaca Municipal Code be closed. Carried Unanimously 132 -2- May 1, 1985 Public Hearing - City of Ithaca and Ithaca Urban Renewal Agency on al Proposed Disposal of City°-owned Property lrt C Terry Street Industri Park. Resolution To Open Public Hearina By Alderperson Peterson: Seconde d by Alderperson Schlather RESOLVED, That the Public Hearing to consider proposed disposal. of City - owned property in Cherry Street Industrial Pdrkii e opened. ope No one appeared to speak to the hearing. Resolution To Close Public Hearing By Alderperson Sc Lather: Seconded. by Alderperson Hoffman RESOLVED, That the Public Hearing to consider proposed disposal of City - "owned property in Cherry Street industrial Parknbe closed ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning an Development Committee Alderperson Cummings requested Ie deletion of Item D, °Family Medicine Proceeds," and the addition of Item M, "NYS Council on the Arts" No Council person objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: South Africa Divestment and Cornell University Actions Stanley Dubins y, 117 DeWitt Place, a graduate student of Cornell University, addressed the Council requesting 1) the Council to encourage Cornell University to divest from its holdings in. South Africa; and 2) the Council to protest Cornell University's capricious policy of arrests and what amounts to the abuse of the City's court system and an unnecessary burden on city taxpayers in order to imple- ment the policy of intimidation against students who are carrying out actions that are basically under its own jurisdictional area. "'i Eddygate Landmarks Designation Mary Tomlan, 200 Delaware Avenue, addressed the Council, speaking in favor of Eddygate Landmarks Designation. Memorandum from Alderperson Sean Killeen TF e following memo from Al erperson Killeen was distributed to members of the Council: "TO: Common Council FROM: Sean Killeen DATE: May 1., 1985 SUBJ: Common Council Meeting of May 1, 1985 As many of you know, I am unable to be with you this evening, but I do want to convey my position on a number of issues in order to represent my constituents and aid your deliberations. I would ask Mr. Rundle to enter this letter into the record under Item VI, with an invitation to the Council and Community to join in the local charity-generating merriment of the Phi Psi 500 this Satur- day (May 4th) in Collegetown. P $ D items, I very much support the designation of Eddygate; no jqha. "ever has arisen in regard to this Town /Gown ediii,o Also, Community Gardens, South Aurora Hill safety, and I' ril.ters I support. The Section 17 program must be support ;.�st the C L; CD funding from Washington be jeopardized. But administrative ._. ..os must be maximized in order to insure that the r �iit people obtain the ",_— :fits of this rental rehab aid. While I hold CD as a high priority, I cannot support the Family. Medicine Proceeds resolution. Pragmatically, I understand that the key to perpetuating a commitment to CD is by institutionalizing its ne with BPS`` and Fire to a lesser extent, y ears resource base as was do ago. But to take such a step at this time with Revenue Sharing in -3- flux and other City resource flows the Council to a tax increase now traditional programs and continue in coming years. May l, 19 8 5] r3 ,`i unstable, this effectively commits if we wish to continue the to entertain innovative activity As a member of the BFA, I support all the items listed thereunder. It is my earnest hope that recycling will gain sufficient popular participation in the c omi;-,g til: ". i1t ?� ` in order f.c ;Hake i t: a j,e; nianei-)i. community Fixture. Lastly, a comment on the CFO bill being placed on your tables. Consistent with the gross insensitivity of the President's visit to Bitburg, is this mean- spirited affront to our local veterans on this 40th anniversary of Hitler's demise and the 10th anniversary of the Fall of Saigon by seeking to reduce if not eliminate their hard - earned and well- deserved tax break. In November '84 the City extended ail olive- branch of gratitude to veterans in the form of a. 1.imi.ted property tax exemption. Since then nearly 100 households have been officially qualified for this new exemption and thereby have for- saken their right to the earlier $5,000 option. If this weakened version on your tables is passed, these 100 local households will (4..1 have to be exempted which would thereby establish 3 classes of veteran's property exemptions; or this group may join in a class F ; action, suit against ,the city. � •� In view of the facts that this bill is mean- spirited, an.d. clouding an already complicated situation, and the probability that Albany will generate a more equitable version of our current law, I would ask the sponsor(s) of this bill not to place it on the table at this time but to withdraw it for further study. I look forward to rejoining you shortly." cc: Mayor City Attorney Press Table Clerk COMMUNICATIONS FROM THE MAYOR: Investments in South Africa At the January 2, 198S meeting, before the official depositories of city funds were designated by resolution and voted on, the question was asked by the Council if any of those depositories had investments in South Africa and the report was given that the banks in which the city's money is invested do not have investments in South Africa or in companies which do business in South Africa. Mayor Gutenberger requested that this question and response be reflected in the minutes. Special Meeting of Common Council Mayor Gutenberger commented that he was calling a Special meeting of Common Council on Wednesday, May 22, 1985 at 7:30 p.m. in Common Council Chambers regarding a possible UDAG application for Cherry Street Industrial Park. CITY A'T'TORNEY' S REPORT : City Atty. StUmLar reported on zoning violations, one of which MAYOR'S APPOINTMENTS: Tompkins County Economic 0 ortunity Corporation Mayor Gutenberger requested support of the Council for his recommenda- tion that Donald Slattery, 410 West Court Street, be appointed to the Tompkins County Economic Opportunity 3/31/86. Corporation for a term 4/1/85 to Resolution By Alderperson Myers: Seconded by Alderperson Iiaine RESOLVED, That this Council supports the recommendation of Mayor Gutenberger that Donald Slattery be appointed to the Tompkins County Economic Opportunity Corporation for a term which will expire March 31, 1986. Carried Unanimously CITY A'T'TORNEY' S REPORT : City Atty. StUmLar reported on zoning violations, one of which 131 _4- May 1, 1985 involved a large fine as a result of the violations; and one which resulted in a law suit being brought. against the City in Supreme Court, attempting to hold that the zoning ordinance in the respect of law offices in that residential zone is unconstitutional and illegal based on several grounds. PLANNING AND DEVELOPMENT COMMITTEE: A. D. W ite DJemori.al Gate Lan�cmar�:s Designation By Al erperson Cummings: Seconded y Alderperson Haine WHEREAS, the Ithaca Landmarks Preservation Commission has determined that the A.D. White Memorial Gate, "Eddy Gate" is a significant example of the work of the regionally prominent architect, William Henry Miller, and has designated the gate under criteria 4.c (932.3)' NJ as a "structure, memorial or site which has special character, special historical or aesthetic interest and value as part of the development, heritage and cultural characteristics of the City of Ithaca," and WHEREAS, the Planning and Development Board and the Planning and Development Committee have evaluated the proposed designation in light of the existing zoning, relationship to the City's overall planning goals, and plans for redevelopment of the site and have found these all to be in conformance, and WHEREAS, the Eddy Gate is a significant urban design element in the Collegetown neighborhood and is a visual. landmark to both the City and the University; now, therefore, be it RESOLVED, That the Common Council recommends approval of the A.D. White Memorial Gate, "Eddy Gate" as a landmark in the City of Ithaca Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) Cummings, Myers, Schlather, Romanowski, Dennis, Peterson, Hoffman, Haine Nay (1) - Holdsworth Absent (1) - Killeen Carried Introducing Proposed Amendment to Zoning Ordinance - Special Permit for -Community Gardens and Providln for Public ;Notice of Public Hearin By Alderperson Cummings: Seconded by Alderperson Haine BE IT RESOLVED, That Ordinance No. 8S- , entitled "An Ordinance To Amend Section 30.3, Definitions; Section 30.25, District Regula- tions Chart; and Subdivision C of Section 30.26, Standards for Special Conditions and Special Permits," 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 on the matter of adoption of the aforesaid ordinance, to be held at Common Council Chambers, City Hall, No. 108 East Green Street, in the City of Ithaca, New York, oil Wednesday, the fifth day of June, 198S at 8:15 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 t time when and the place where such public hearing will be held, and' in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for its report thereon. -5- ORDINANCE NO. 85- May 1, 1 98 5 1i AN ORDINANCE TO AMEND SECTION 30.3 DEFINITIONS; SECTION 30.25 DISTRICT REGULATIONS CHART; AND SUBDIVISION C OF SECTION 30.26 STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMIT; OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the Ci i. }' of Ithaca, New York, as follows: SECTION 1. AMENDING 8 30.3. That 9 30.3 is hereby amended by adding thereto the following definitions; "100. "Community or Neighborhood Garden" shall mean an area used by several individuals or families, operating in association with each other or under sponsorship by a non- profit or voluntary organization, for seasonal production of vegetables and other garden produce for home consumption by the individuals or families ( ) directly engaged in such production," E ,+ SECTION 2. AMENDING g 30.25. ;t6 That g 30.25 is hereby amended as follows: t� Add to Col. 2 under R -1: "10. Community or Neighborhood Garden." Revise item S. Col. 2, under R -2 to read: "5. Uses 7 -10 under R -1_." SECTION 3. AMENDING SUBDIVISION C OF g 30.26. That Subdivision C of S 30.26 is hereby amended by adding thereto the following: "C.l.m. Community or neighborhood gardens in all districts. 4. Community or neighborhood gardens in all districts. a. Applicants shall provide evidence of approval for such use from the owner of the property on which the gardens are to be located. b. Applications shall provide evidence that the area to be used will at all times be operated in a responsible manner, so as not to present a nuisance to or interfere with the use or enjoyment of neighborhing private or public property. Such evidence shall designate at least one responsible adult, who shall be a participant in the gardening, a representative of the sponsoring organization, or the owner of the subject property, to administer or coordinate the operation and to act as contact person therefor. Applications shall be sub- mitted in writing to the Building Commissioner, and shall include the name, address, and phone number(s) of the contact person; a description of the refuse disposal procedure to be followed, and of the intended use of chemical fertilizers, pesticides, etc.; and a site plan (at a scale not less than 1 " =10') showing the proposed locations of all features of the site, including access point(s) and any of the required parking space that may be located on adjacent property. C. Applicants, or the administrator /coordinator of the garden area, shall insure that the gardening activity on individual plots is confined to the hours 7 a.m. -10 p.m., except that power machinery shall not be operated before 8 a.m. or after 8 p.m.; that all organic refuse and trash from the gardening operations is promptly and properly disposed of on at least a weekly basis, and that pending disposition it is stored neatly in such a way that it does not produce offensive odors or attract dogs, raccoons or vermin; that power or motorized machinery used in preparing and maintaining indi- vidual plots is no larger than that normally used in 1 3 F) -6- May 1, 1985 connection with home gardening, e.g., a typical walk- behind rototiller; that farm tractors or other heavy machinery are not employed on the site except for initial site development and for annual spring preparation and fall cleanup, if neces- sary, and in those instances shall. be operated only between 8 a.m. and 6 p.m. weekdays; that mulch, compost or organic fertilizer employed i.n the gardening is confined. to the site In neat ,,III orderly manner, and that r�o fresh sl�a.11 be used or composted; that noxious fertilizers or noxious chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all adjoining property owners and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household. that no flammable liquids nwill connection stored with the gardening that noise and odors produced l activity will be no greater than those normally associated with home gardening; that residents of the area nearest the site will. be given opportunity to obtain a plot in. the annual allocation of plots; that unused portions of the site will be maintained in a neat and orderly manner at all times; and that at the end. of each gardening season or within 30 days of revocation of permit, the entire site will be cleaned and left with a neat appearance. In addition, the applicable portions of 9 30.32A and C, following, shall be observed. d. In consideration of the fact that such gardens may be of an interim nature, may occupy only a. portion of a parcel, and may be located on property unsuited for other uses permitted under this Ordinance, the Area Regulations specified for permitted uses under 9 30.25 of this Chapter shall be super - ceded by the following regulations for Community or Neighbor- hood gardens: (1) Minimum Lot Size: none 3� (2) Width in feet at street line: none required; however sites lacking street frontage shall be accessible to vehicles and pedestrians via a right -of -way of at least 8' in width. (3) Structures permitted: no structures for human habita- tion or occupancy shall be permitted except for a weather shelter for gardeners, which may have a maxi- mum floor area of 64 sq. ft. A light accessory structure for storage of gardening equipment and materials for plant propagation, with a maximum floor area of 64 sq. ft. may be erected separately or attached to the weather shelter. If necessary, a well housing structure for the production of water for garden use may be erected with permission of the owner of the site. (4) Parking and loading space: at least one off - street space on or immediately adjacent to the site shall be provided for the use of the gardeners, for each fifteen (15) individual garden plots on the site, or portion thereof. (5) Yard setbacks shall not be required, except that the provisions of Section 30.34B and C, and 30.42 of this Chapter shall apply to any plantings, fences or accessory structures on the site. e. Written comment received by the Board before the hearing, as well as that expressed at the public hearing, with primary consideration given the wishes of residents living within 200 feet of the property, should be a principal factor in the Board's decision to grant the special permit. f. In granting a special permit for community or neighborhood gardens, the Board may prescribe any conditions that it -7- May 1, 198511 1 deems necessary or desirable so that the spirit of this Chapter shall be observed, public safety and welfare secured, and substantial justice done. g. Special permits for neighborhood and community gardens shall be reviewed by the Building Commissioner at Least annually for compliance with this Section and. with any conditions established t, j, i fie B -,ard . If_, following such review, or investigation of any complaint, the Building Commissioner determines that substantial violation exists, notice of such violation shall be mailed to the contact: person designated in accordance with item 4.b, above, requiring that such violation be corrected within fifteen (15) days. If satisfactory correction is not made, the permit may be revoked by the Building Commissioner. Appeals to such revocation shall be made to the Board as provided in 9 30.58 of this Chapter.. SECTION 4. EFFECTIVE DATE. �t This Ordinance shall take effect immediately and in. accordance with law upon publication of a notice as provided in 9 3.1.1_(B) of the Ithaca City Charter, 1?s Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Cummings, Myers, Schlather, Romanowski, Peterson, Hoffman, Haine Nays (2) - Dennis, Holdsworth Absent (1) - Killeen Carried Precision Filters, Inc. - Lease /Sale Agreement By Al erperson Cummings: Seconded y Al erperson Dennis WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land Dispo- sition Procedure, the Ithaca Urban Renewal Agency has followed an accepted method of solicitation of sponsors for tenancy in the Cherry Street Industrial Park, and WHEREAS, the Ithaca Urban Renewal Agency has examined the qualifi. cations of respondents and evaluated their responses per Section I(c) of said procedure, and WHEREAS, the Cherry Street Industrial Park was developed to encourage the retention and expansion of local area industries, and WHEREAS, Precision Filters, Inc. is at present a tenant in the Cherry Street Industrial Park and desires to acquire an additional parcel of +.8 acres on the west side of the park to accommodate its expansion needs, and WHEREAS, the Urban Renewal Agency has established the eligibility of Precision Filters for tenancy in the Park and has designated them a preferred sponsor, and WHEREAS, the Agency and Planning and Development Committee have re- viewed the terms of the proposed lease /sale agreement; now, therefore, be it RESOLVED, That Common Council does hereby concur with the designation of Precision Filters as a qualified sponsor for an additional +.8 acres in the Cherry Street Industrial Park, and does accept the terms of the proposed lease /sale agreement, and be it further RESOLVED, That this disposition is in accordance with applicable State Law and with the City's Urban Renewal Land Disposition Procedure, and in accordance with the terms specified, is in furtherance of the Urban Renewal Plan and in the best interest of the City of Ithaca, and be It further 133 -8- May 1, 1985 RESOLVED, That the Mayor be and hereby is authorized and directed, up.on advice of the City Attorney and Director of Planning a.nd Development, to execute for the City of Ithaca any and all instru- ments necessary for effectuation of this land disposition. Discussion followed on the floor. A vote on tile, resolution resulted as follows: Ayes (8) Cummings, Myers, Romanowski, Hoffman, IIa.ine, Schlather, Dennis, Peterson Nay (1) - Holdsworth Absent (1) - Killeen Carried South Aurora Street Hill Ty—Aid .-rperson Cummings: Seconded by Alderperson Romanowski WHEREAS, the Aurora Street. Hill has had a history of serious accidents involving runaway trucks, buses and other large vehicles, and WHEREAS, several of these accidents have resulted in deaths or serious injuries to innocent people, and WHEREAS, the State of New York, Tompkins County, and the City of Ithaca have attempted to lessen the danger of runaway vehicles on Aurora. Street, in part by construction and signing of a truck downshift loop in the area of the intersection of King Road and Rt. 96 -P,, and WHEREAS, the truck involved in the most recent fatal accident at the foot of Aurora Street had not stopped at the King Road intersection to downshift; now, therefore, be it. RESOLVED, That the Common Council of Ithaca hereby request that the County of Tompkins and the State of New York give high priority to the enforcement of the full stop provision and downshift loop at that location, and be it further RESOLVED, That this resolution be transmitted to the proper law enforcement agencies of the County and the State. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Planning Department Work Program By Alderperson Cummings: Seconded by Alderperson Dennis WHEREAS, the City Administrative Code provides for the approval by Common Council of the Annual Work Plan for the Department of Planning and Development, and WHEREAS, the Board of Planning and Development has considered and adopted a Work Plan for the Department of Planning and Development; now, therefore, be it RESOLVED, That upon the recommendation of the Planning and Develop- ment Committee of Council, Common Council does hereby adopt the 1985 Work Program for the Department of Planning and Development as submitted. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Section 17 - Rental Rehabilitation Program 13y Alderperson Cummings: Seconded by Alderperson Dennis WIIFREAS, there is a need in the City of Ithaca to improve the quality of rental housing for low- and moderate- income people, and -9- May 1, 198 0 rJ1 WHEREAS, the City has made pre - application to the State of New York for rehabilitation assistance for 2S units under the NYS Section 1.7 program, and WHEREAS, the City's pre - application has been rated first among a1.1 communities applying for the program, and WHEREAS, the lURA and the Planning and Development Board. have re- viewed the program and recommended in favor of making final. appl.i:ca- tion'.to the State; now, therefore, be it RESOLVED, That staff be and hereby is directed to complete the Section 17 applications for review by the City Attorney, and be it further RESOLVED, That, upon the recommendation of the Planning and Develop- ment Committee, the Mayor is hereby authorized and directed to execute the applications for the City of Ithaca. Discussion followed on the floor. } Amending Resolution t)J By Alderperson Peterson: Seconded by Alderperson Cummings RESOLVED, That the first. RESOLVED read as follows: tLE RESOLVED, That staff be and hereby is directed to complete t:lie �,j Section 17 applications in accordance with the criteria for selection of landlords as distributed to Council and with the following addi- tional provisions that the program be exclusively for the following categories of landlords: 1. landlords who reside in the building to be assisted.; 2. those residing within 200 feet of the building to be (4wov assisted; and 3. those who have fewer than 10 units for rent. A vote on the amendment resulted as follows: Carried Unanimously A vote on the main motion as amended resulted as follows: Carried Unanimously Youth Bureau Alderperson Cummings presented an update on the Youth Bureau facility. Discussion followed on the floor. Resolution By Alderperson Hoffman: Seconded by Alderperson Cummings RESOLVED, That Common Council accepts the design for the new Youth Bureau facility, as finally prepared by William Downing Associates, and reviewed by the Budget and Administration Committee, and authorizes the Department of Public Works to solicit bids for construction of the facility. Carried Unanimously DSS Location (600" Alderperson Cummings reported that the city committee has been meeting with the county board to discuss potential locations and there is a very strong possibility that DSS will not stay in its present location. 7110 committee will investigate all possible options for downtown location. The Planning � Development Committee have asked planning staff to examine sites and the city attorney to investigate specific existing sites. Alderperson Hoffman commented that the County Planning Department want to make sure we don't leave them out in the process of reviewing sites. 140 -10- May 1, 1.985 Alderperson Cummings said that we need to move with some speed as this is a priority matter. The Planning and Development Committee will have the issue on its next meeting agenda. Revised Environmental Assessment Form Alderperson Cummings reported teat the revised Environmental Assess- ment Form was distributed at the committee meeting. The purpose is the cleaning up of short.- and loi)g— term forms to bring then) into compliance with the city's Environmental Quality Review Act and maybe add a couple of things to it. Planning f Development Committee will be acting on it in the corning month, after which it will be referr.ec" to the Charter & Ordinance Committee. Brick Policy Al erperson Cummings recalled that the general brick policy which was passed called for the Council to come up with some guide lines. She reported there are a range of options. It has been referred to the Board of Public Works and staff for additional input. City -wide Recycling Evaluation Alderperson Cummings .reported that the committee looked at it and recommended not only continuing it., but that funding for publicity be made available up front rather than just putting out on. a. regular basis throughout the year. New York State Council on the Arts Alderperson Cummings reported that Planning Director H. M. Van Cort will be serving on the architectural and design panel to represent Ithaca. Recess Common Council recessed at 10:00 p.m. and reconvened in regular session at 10:10 p.m. BUDGET AND ADMINISTRATION COMMITTEE: D.P.W Authorized Equipment List By Al . erperson Dennis: Seconded by Alderperson Myers RESOLVED, That the 1985 Authorized Equipment List for the Department of Public Works be amended to include the purchase of a 2 -way radio for the Gorge Ranger, at a cost not to exceed $1,550, and be it further RESOLVED, That an amount not to exceed $1,550 be transferred within the Department of Public Works from Account A7111 -220, Construction Equipment, to Account A7113 -225, Other Equipment. Carried Unanimously Capital Reserve Funds By Alderperson Dennis: Seconded by Alderperson Myers RESOLVED, That this Common Council authorizes the release of an amount not to exceed $98,600 from Capital Reserve #4 - Bridges, as requested by the Board of Public Works, as follows: Engineering Fees for Inspection of Bridges $45,800 Painting of Stewart Avenue Bridge 52,800 Carried Unanimously Superintendent Permanent A p p ointment Hy Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That John A. Dougherty be permanently appointed to the position of Superintendent of Public Works, as recommended by the Board of Public Works, and be it further RESOLVED, That this appointment becomes effective April 10, 1985, and that it shall be subject to the usual probational. term. Carried Unanimously -11- May 1. , 1.98 51 4 1 Extension of State and County Tax Warrant By Alderperson Dennis: Seconded y Alderperson Schlather RESOLVED, That the City Chamberlain be authorized to request. the County of Tompkins to extend its Warrant for collection of that 1.985 State and County Taxes until June 1, 1985.. Carried Unanimously Executive Association Unit Agreement: By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the Agreement between I -lie City of Ithaca and the City Executive Association, for a new three -yeas contract commencing January 1, 1985, and expiring December 31, 1.987, effective with the 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 to sign and execute the contract on behalf_ of the City under its Corporate Seal. Carried. Unanimously Management Employees Compensation Lei By Alderperson Dennis: Seconded by Alderperson Haine la RESOLVED, That Management employees, not covered by a. f-orma.l_ contract, be granted an increase of 6% for the year 1985; effective with the first payroll period of 1985. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Cummings, Myers, Romanowski., Dennis, Holdsworth, Haine Nays (3) - Schlather, Peterson, Hoffman Absent (1) - Killeen Carried Audit (awol By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That bills audited and approved by the Budget and. Admini- stration Committee, in the total amount of $8,525.70 as listed on Audit Abstract #8/1985, be approved for payment. Carried Unanimously Water and Sewer Personnel Roster By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1985 Personnel Roster for the Water and Sewer Department be amended by the addition of 1 Chief Sewage Treatment Plant Operator IA position, as recommended by the Board of Public Works, and be it further RESOLVED, That said position be included on Grade 1 of the 1985 Executive Association Compensation Plan, with a salary range of $22,940 to $27,909. Carried Unanimously Chief Water Treatment Plant Operator Salary By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1985 salary for the position of Chief Water Treatment Plant Operator be set at $19,705, that being Step 9 on the 1985 C.S.E.A.- Administrative Unit Compensation Plan, as recom- mended by the Board of Public Works. Carried Unanimously l:c:cy�c] ing Education Coordinator Agreement By Alderperson Dennis: Sec-- onded_l�_y Alderperson Schlather RESOLVED, That the Agreement with Lynn B. Leopold to continue the City -wide Recycling Education Program, as recommended by the Recycling Task Force, be extended to December 31, 1985. Ayes (8) - Cummings, Myers, Schlather, Romanowski, Dennis, Peterson, Hoffman, Haine Nay (1) - Holdsworth Absent (1) - Killeen Carried 2 _12- May 1, 1985 Ithaca Scrap Processors Agreement By Al e person Dennis: SeCOIlded by Alderperson Schlather RESOLVED, That the Agreement with Ithaca Scrap Processors to con- tinue the City -wide. Recycling Collection Program, as recommended by the Recycling Task Force, be extended to December 31, 1985. Ayes (8) - Cummings, Myers, Schlather, Romanowski, Dennis, Peterson Nay (l) - Holdsworth Absent (1) - Killeen Carried Official Meeting Times_ By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the official meeting time be changed from 7:30 p.m. to 8:15 p.m. for the months of June, July, August and September, and be it further RESOLVED, That the July meeting of Council be held on Wednesday, July 10, 1985. Carried Unanimously Revenue Sharing Program By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, the proposed federal budget currently being debated at Congress abolishes the Federal Revenue Sharing Program, and WHEREAS, the Federal Revenue Sharing Program has become a part of the City revenue stream, provid.ilig the funds necessary for numerous City projects, equipment and services; now, therefore, be it RESOLVED, That the Ithaca City Common Council does herewith strongly urge the U.S. Congress to ensure the continuation of the Federal Revenue Sharing Program at substantially the same levels of funding as currently, and be it further RESOLVED, That the Ithaca City Clerk be, and he is, hereby directed to furnish copies of this resolution to the U.S. Senators Daniel P. Moynihan and Alfonse D'Amato, and U.S. Congressman Matthew McHugh. Carried Unanimously Computer Equipment By Alderperson Dennis: Seconded by Alderperson Myers RESOLVED, That this Common Council approves the acquisition of 8 microcomputers, related hardware, software and training for an initial cost not to exceed $64,000, as requested by the Computer Advisory Group and recommended by the Budget and Administration Committee. Carried Unanimously I Wn HUMAN SERVICES COMMITTEE: Alderperson Hoffman informed the Council that the committee will discuss ways to offer some incentives to Volunteer Fire Fighters at the May meeting, and hope eventually to have some recommendations for Council. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amen ing Sections 30. Municipal Code Yard I�laintenancc�- 40 and 30.3 of the City o:l Ithaca By Alderperson Schlather: Seconded by Alderperson Dennis ORDINANCE, NO. 85 -S AN ORDINANCE AMENDING SECTION 30.40 OF CHAPTER 30 ENTITLED. 'ZONING' 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 PARA- GRAPH 99 TO SUBDIVISION B ENTITI__'D "SPECIFIC TERMS OR WORDS." BE IT ORDAINED AND ENACTED by ! lac Common Coulicil of the City of Ithaca, New York, as follows: pnr -13- May 1, 198 43 SECTION 1. That g 30.40 entitled "General standards a 1 in to all land uses" be and the same is hereby amended to read 011ours: "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 E3N1JTTING 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 provisions 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 an), public sewer or appurtenance 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 vi- bration 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 un healthy 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 per- mitted to grow or remain on the side, front and /or rear yards of any property containing an occupied or vacant building, or any previously developed parcel, to such extent as to produce an un- sightly, 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 rec {irire- ment. 3. The Building Commissioner shall notify the owner of the 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 suc}i notice, but in no event less than five (5) days from the service 1 '4 1 -14- May 1, 1985 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 regularly 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 enforcement 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 aforesaid, 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 thereof to the owner of said premises, including a fifty percent (SOU charge for supervision and administration. The minimum charge to the property owner shall be twenty -five 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 (or a partial exemption to the extent dictated by the special circum- stances) from the requirement. 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 S 30.3 entitled amended to add a new Subdivision 99 vacant lot or parcel "; "Definitions," be and it is hereb entitled. "Previously developed -a) 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 g 3.11(B) of the Ithaca City Charter. Carried Unanimously Introduction of a Local Law in relation to the maximum exemption allowable for the alternative veterans exem tion from real pro ert taxation - -To Be Placed on Ta le Al erperson Schlather placed the following Local haw on the table (to be considered at the June 2, 1985 meeting of the Council): ALTERNATIVE VETERNAS EXEMPTION REDUC'T'ION OF MAXIMUM EXEMPTION Local Law for the City of Ithaca, New York Local Law No. of the year 1985. A local. law in relation to the maximum exemption allowable for the alternative veterans exemption from real property taxation. Be it enacted by the Common Council of the City of Ithaca as follows: Section 1. The purpose of this 1alw is to reduce the maximum veterans exemption allowable purstiant to section 458 -a of the Real Property Tax Law of the State of New York. -ls- SECTION 2. May 1, 198445 Pursuant to the provisions of subdivision 2(d) of section 458 -a of the Real Property Tax Law of the State of New York, the maximum veterans exemption from real property taxes allowable pursuant to section 458 -a of the Real Property Law is established as follows: (a) Qualifying residential real property shall be exempt' fro ai taxation to the extent of fifteen percent of the assessed value of such property; provided, however, that such exemption shall not exceed the lesser of six thousand dollars or the product of six co", thousand dollars multiplied by the latest state equalization rate of Ithaca, New York. Charter and Code Commission Alderperson Schlather presented the following report to the Council: "After lengthy meetings with department heads and much debate, the Charter and Ordinance Committee recommends changes to the City Charter consistent with the following proposal for appointment of department heads. I. The following department heads and positions shall be filled in the manner set forth below: Superintendent, Department of Public Works; Police Chief; Fire Chief; Youth Bureau Director; Building Commissioner; City Comptroller; City Clerk; Planning Director; City Chamberlain; Personnel Administrator; Purchasing Agent; and City Engineer. II. An ad hoc selection committee shall be established to fill each of the above positions as the need arises. The committee shall consist of three members of the appropriate overseeing layboard or commission, to be selected by that board or commission; two Common Council members to be selected by Common Council; one person with profcss:i.onal experience in the job area at issue, to be appointed by the Mayor; and the Personnel Administrator. The selection committee itself may appoint other non- voting members ex officio as it deems necessary. Ill. The selection committee shall submit three names with recommenda- tions to the Mayor. IV. The Mayor shall make tile. appointment from this list of three names. (b) In addition to the exemption provided by paragraph (a) of this subdivision, where the veteran served in a combat theatre of combat zone of operations, as documented by the award of a United States campaign ribbon or service medal, qualifying residential real property also shall be exempt from taxation to the extent of ten percent of the assessed value of such property; provided, (`! however, that such exemption shall not exceed the lesser of four i thousand dollars or the product of four thousand dollars multiplied by the latest state equalization rate of Ithaca., New York. i (c) In addition to the exemptions provided by paragraphs (a) id4 and (b) of this subdivision, where the veteran. received a compensa- tion rating from the United States veteran's administration because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by fifty percent of the veteran's disability rating; provided, however, that such exemption shall not exceed the lesser of twenty thousand dollars or the product of twenty thousand dollars multiplied by the latest state equalization rate for Ithaca, New York. Section 3. This local law shall take effect immediately upon its ilf —iig with the Secretary of State. Alderperson Holdsworth requested that the record reflect his objection to this inasmuch as there was no preceding motion to reconsider the issue, and it has already been voted on. Charter and Code Commission Alderperson Schlather presented the following report to the Council: "After lengthy meetings with department heads and much debate, the Charter and Ordinance Committee recommends changes to the City Charter consistent with the following proposal for appointment of department heads. I. The following department heads and positions shall be filled in the manner set forth below: Superintendent, Department of Public Works; Police Chief; Fire Chief; Youth Bureau Director; Building Commissioner; City Comptroller; City Clerk; Planning Director; City Chamberlain; Personnel Administrator; Purchasing Agent; and City Engineer. II. An ad hoc selection committee shall be established to fill each of the above positions as the need arises. The committee shall consist of three members of the appropriate overseeing layboard or commission, to be selected by that board or commission; two Common Council members to be selected by Common Council; one person with profcss:i.onal experience in the job area at issue, to be appointed by the Mayor; and the Personnel Administrator. The selection committee itself may appoint other non- voting members ex officio as it deems necessary. Ill. The selection committee shall submit three names with recommenda- tions to the Mayor. IV. The Mayor shall make tile. appointment from this list of three names. 146 -16- May 1, 1985 V. The Mayor's appointment shall be subject to the approval of a majority vote of Common Council. VI. All other hiring and firing within the department, including deputies, shall be by the department head. The Charter and Ordinance Committee is currently drafting the local law necessary to change the Charter in various sections so as to accommodate this proposal." Discussion followed on the floor. Election Districts Alderperson Schlather reported as follows: "As discussed in the last Common Council meeting, the Board of Elections requested assistance from Common Council in redefining the election districts within the five city wards. Since this is technically the responsibility of the Board of Elections itself, no formal resolution is required of the Common Council. Nevertheless, the Charter and Ordinance Committee did receive the recommendations from alderpersons in each of the five wards. At our April Charter and Ordinance meeting, we withdrew the proposed election districts with two objectives in mind: 1) meet the legal number requirements of the State Election Law; and 2) insure, as much as possible, that the voters will. not be required to change their polling places, even if placed in new election districts. The Charter and Ordinance Committee's recommendations have been forwarded directly to the Board of Elections. This was requested by the Board because of its own time constraints. A new city map setting forth these new election districts is forthcoming from either the Planning Department or the Engineering Department." ADJOURNMENT: On -a motion the meeting adjourned at 10:42 p.m. ose h A. Rundle, City Clerk / o n C. Gute erg9/f , Mayor lr_�