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HomeMy WebLinkAboutMN-CC-1985-08-07COMMON COUNCIL PROCEEDINGS 193 CITY OF ITHACA, 1`3I.W YORK Regular Meeting 8:15 P.M. Augu t: 7, 1985 PRESENT: Mayor - Gutenberger Alderpersons (1.0) - Cummings, Denitl -s, Haine; Hoffman, Holdswol-111, Killeen, Myer:, Pete:c son _ Romanows- i, Sc}il ather SPECIAL ORDER OF BUSINESS: Public Hearing - Proposed Changes to Zoning Ordinance Amending the Official Zoning Ma Resolution To Open Pu lic Hearing By Al- cerperson Romanows - Seconded by Alderperson Schlather RESOLVED, That the Public Hearing to consider proposed changes to the Zoning Map be opened. Carried Unanimously Linda Finley, 323 Eastwood Avenue, member of the Bryant Park Civic (600,oe Association, spoke to the Council, in favor of the proposed ordinance. Resolution 'Fo Close Public Ilearing By Alderperson Roma nows i.- Seconded by RESOLVED, That the Public Hearing to ^:.Tier proposed changes to the Zoning Map be closed. Carric,l unanimously OTHERS PRESENT: City Controller - Spano Dep. Controller - Cafferillo Asst. City Attorney - Bennett Fire Chief - Olmstead Building Commissioner - Hoard Dep. Dir., Planning & Development - Mazzarell.a Police Chief -- Herson. Personnel. Administrator - Best -Shav4 City Clerk - Rundle Architect - David Taube Developer Mac Travis PLEDGE ALLEGIANCE: H Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. E!� MINUTES: July 10, 1985 Alderperson Schlather requested the following corrections: Page 14: "Nighttime" column of chart should read, "10 P.M. - 8 A.M." "S 68.24 Machinery, equipment, fans and air condi- tioning, should read, "Except by written permit obtained in the manner set forth in S 68.29, below, . Page 20: Paragraph 4 should be followed by a comma, not period. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the July 10, 1985 meeting of the Common Council be approved as corrected. Carried Unanimously July 26, 1985 By Alderperson Schlather: Seconded by Alderperson Romanowski. RESOLVED, That the Minutes of the July 26, 1985 meeting of the Common Council be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - Proposed Changes to Zoning Ordinance Amending the Official Zoning Ma Resolution To Open Pu lic Hearing By Al- cerperson Romanows - Seconded by Alderperson Schlather RESOLVED, That the Public Hearing to consider proposed changes to the Zoning Map be opened. Carried Unanimously Linda Finley, 323 Eastwood Avenue, member of the Bryant Park Civic (600,oe Association, spoke to the Council, in favor of the proposed ordinance. Resolution 'Fo Close Public Ilearing By Alderperson Roma nows i.- Seconded by RESOLVED, That the Public Hearing to ^:.Tier proposed changes to the Zoning Map be closed. Carric,l unanimously 911 2- August 7, 1.985 Zoning Ordinance Amendin t'on To 0 en Pu lic Hearing so i By Al erperson Schlat er: Secon ed by Alderperson Hoffman RESOLVED, That the Public Hearing to consider proposed changes to the Zoning Ordinance amending Section 30,25 of Chapter 30 be opened. Carried Unanimously Public Hearing -- Proposed Changes to Section 30.25 of Chapter 30 R e 1 u Tony Egner, 205 Elmwood Avenue, spoke to the Council, pointing out that the ordinance was not presented clearly, and there appeared to be a misunderstanding of the current provisions of the R -1 ordinance as it provides for secondary apartments. Resolution To Close Public Hearin By Alderperson Dennis; Secon e by Alderperson Romanowski RESOLVED, That the Public Hearing to consider proposed changes to the Zoning Ordinance amending Section 30,25 of Chapter 30 be closed. Carried. Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Development Committee Alderperson Cummings requested deletion of items A, B and C; item F to read "Substitute Resolution "; and the addition of item G - Report on Collegetown Project. No Council member objected. Budget and Administration Committee Alderperson Dennis r ested item F be changed to read "City Chamber- lain - Resolution." No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Moratorium on Building Permits Bic ley Townsend, 109 Oxford Place, spoke to the Council, in favor ".,a) of a moratorium on issuance of certain types of building permits anc certificates of occupancy. James Dunn, 315 Elmwood Avenue, addressed the Council recommending a more vigorous enforcement of ordinances already on the books, en- couragement of neighborhood businesses to police their own property, a resolution by Council asking for Collegetown businessmen's participation in rebeautifying Collegetown, and an update of city records in the period of moratorium planning. He also relayed the concern of a resident (Miss Layman) about trash pickup - the practice of some commercial landlords of placing trash out a couple of days in advance of pickup. Don Tobias, 20S Fairmount Avenue, spoke to the Council asking that the Council give a clear signal on where they are going to go. IIe asked them to support the moratorium on building permits and to signal city employees that they expect creative decision making on activities in the future. David Lytel, 102 First Street, addressed the Council on the city's decision on Cable T.V. and asked that the Council let their interest be known to the Planning staff so they can feel secure that they ar• operating with the Council's support. Malik Raqib, 209 S. Plain Street, spoke to the Council about the lac of minority input with regard to projects within the city; and askeG if the Coun,-il plan to hire a consultant to study the Cable T.V. Malinda Runyan, 420 N. Cay,��._� Stre ^t, urged the Council to make available the hc-z,t counsel available in exploring the cable options. Jo (-i c_,vishinsky, 222 Bryant Avenue, spoke to the Council, urging .,_tive consideration and enactment of the proposed moratorium. C 3- August 7, 1985 ( 5 Susan Brown, 227 Bryant Avenue, presented the following Bryant. Park and East Hill Homeowners Petition for Action, signed by 84 residents representing S8 households in the area: "In order to preserve neighborhood quality, stability, and family values in the face of increasing parking, traffic, litter, noise and density, we the Homeowners of Bryant Park and East Hi.11 urge: the Common Council and the Mayor of Ithaca to: 1. Adopt a moratorium for: a. Bryant Park and East Hill residential neighborhoods on further conversions of single- family houses to mult:iplc: residences, on increases of rentals within existing mult:iple- dwelling residences, and on new construction of multiple' dwellings; and b. Collegetown business zones on residential development of multiple dwellings. (f..3 2. Maintain this moratorium until such time as the City Completes a comprehensive study of the Bryant Park; East Hill, and College- town areas that will ensure future development is compat:it;le with the residential neighborhoods; of East Hill and Bryant Park and until such time as this plan is implemented through appro- priate ordinances. 1.p 3. Improve enforcement of the existing zoning ordinance in order to remedy already existing use problems that violate the zoning ordinance." Joe Ciaschi, owner of Station Restaurant, spoke to the Council con- cerning the Farmers Market which has outgrown its space, and asked the Council to do something about the problem which he believes is unfair to the businesses in the Nest End who pay a lot of taxes. Mark Zaharis, 714 IV. Buffalo Street, owner of Pete's Grocery Store, commented on the problems in the Nest End with the Farmers Market He asked the Common Council to address the issue. George Sheldon, Lansing, N.Y., representing the Ithaca Farmers Market, presented copies of a newsletter distributed to members at one of their meetings in May 198S which includes the following_ "Park in Designated Locations: Customers' use of private land for parking as long een a source of friction between the IFM and its neighbors. The parking lots at the corner of Buffalo and Taugha.nnock belong to Pete Zaharis' grocery store and the Station Restaurant. Please refrain from parking in these lots. Pete blames the market for reduced Saturday morning business. Prove him wrong by picking up your newspaper, milk, tonic, beer, ice, etc. at Pete's. Please observe parking procedures set up by the IFM: Customers enter the market parking area at the north end (farthest from Buffalo) and exit at the south end. Only market vehicles and buses may enter at the south end." Gerard Finin, S19 N. Tioga Street, on behalf of Richard S. Booth who could not be present, presented the following statement: "I urge your adoption of a development moratorium along the general (*awe lines of the proposal made by the Planning and Development Committee (that proposal is entitled "Resolution of Common Council Calling for a Moratorium on Issuance of Certain Types of Building Permits and Certificates of Occupancy in an Area of the City of Ithaca "). How- ever, I believe you should make three important changes in that proposal. First, the "Whereas" clauses of yoa,: ?dopted resolution should make clear that certain development activiLie5 . I--"1P�A +- and in the neighborhoods surrounding Collegetown are adversely affecting the residential character of those neighborhoods. Second, the resolution should make clear your intent that the moratorium will last for approximately one year, but the resolution should also state that the moratorium will end when Common Council determines 196 -4- August 7, 1985 that a comprehensive planning process has been completed and necessary implementing ordinances have been adopted. Third, and most important, you should expand the area covered by the moratorium to include all the lands within the following boundaries: Cascadilla Creek on the north, Stewart Avenue on the west, State Street and Mitchell Street on the south, and the City boundary on the east. In my opinion it is this area in which the impacts of land use changes in and around Collegetown are potentially most critical, and it is this area of the City that most urgently requires the undertaking of a comprehensive planning process. I realize that these changes would. have an impact on several ls-J difficult questions, including the schedule for the Collegetown Project on Dryden Avenue. Numerous factors indicate clearly that a moratorium on certain types of development is now needed in the Collegetown /East. Hill area. When you consider all these factors, I hope that you will agree with me that these several changes are logical, proper, and necessary. I am delighted you are looking hard at these issues. Thank you for your consideration. Sincerely, Richard S. Booth Candidate for Third Ward Alderman" Paul Sayvetz, 201 Elm Street, spoke to the Council regarding the Collegetown project; specifically, he expressed concern at the lack of participation of the general public in solicited meaningful information by the city. COMMUNICATIONS FROM THE MAYOR: Mayor Gutenberger reported t at Governor Cuomo has signed into law the bill allowing the City of Ithaca to make certain of its recreation lands available for other uses. MAYOR'S APPOINTMENTS: Planning and Development Board Mayor Gutenberger requested approval of the Council for appointment of Thomas A. Cookingham, 202 Fall Creek Drive, to the Planning and Development Board to complete the term of Isaac Kramnick who has resigned; the term to expire December 31, 1987. Resolution. By Alderperson Schlather: RESOLVED, That the Council Cookingham to fill the vac created by the resignation 31, 1987. Seconded by Alderperson Dennis approves the appointment of Thomas A. ancy on the Planning & Development Board of Isaac Kramnick, term to expire December Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Official Zoning Map By Alderperson Sc lather: Seconded by Alderperson Holdsworth ORDINANCE NO. 85 -8 AN ORDINANCE AMENDING THE ZONING MAP OF CHAPTER 30 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 THE OFFICIAL ZONING MAP "1. That. t1_1; "Jo -*,!,-L Zoning Map of the City of Ithaca, New Yore " last amended, is hereby amended and changed so that the following described area presently located in the R -2a zoning distract is reclassified and changed to the K -lb zoning district: All that tract or parcel of land bounded on the north by the southern boundary of the right -of -way of Harvard Place; on the -5- August 7, 1981.9 7 northeast by the southwest boundary of the right- of -way of Elmwood. Avenue; on the southeast by the southeast: sides of t:ax assessment parcels 67 -5 -8 and 67 -5 -22; and on the southwest by the northeast boundary of the right -of-way of Bryant: Avenue said tract contain- ing all of tax assessment parcels 67 -S -1. thro , ugh 67 -5 -8, inclusive, and 67 -5 -22 through 67 -5 -26, inclusive, as shown on the current tax assessment maps and rolls of t :he County of Tompkins; and All that tract or parcel of land bounded on the north by the southern boundary of the right -of-way of Dryden Road, on the east by the western boundary of the right -of -way of Fairmount: Avenue, or: the south by the southern boundary of tax assessment parcels 64 -7 -2 through 64 -7 -6, inclusive, and on the west by the eastern boundary of tax assessment parcel 64-7 -1, said tract containing a.l.l of tax assessment parcels 64 -7 -2 through 64 - -7 -6, inclusive; and. All that tract or parcel of land bounded on the north by the southern boundary of Dryden Road, on the east by the western boundary of the right -of -way of Maple Grove Place, on the south by a line that extends 12S feet southerly from the sough boundary of the right -of- lb -t way of Dryden Road, and on the west by the eastern boundary of the right -of -way of Fairmount Avenue, said tract: to include all of tar, assessment parcels 64 -6 -1 through 64 -6 -3, inc -lusi.ve and. a of 64 -6 -4; and portion All that tract or parcel of land bounded on the north. by the g southern boundary of the right -of -way of Dryden Road, on the east by the western boundary of Ithaca Road, on the south by the southern boundary of tax assessment parcels 65 -2 -1, 65 -2 -2, 65 -2 -3 and 65 -2 -5, and on the west by the eastern boundary of the right-of-way of Maple Grove Place, said parcel to include all of tax parcels 65 -2 -1 through 65 -2 -5, inclusive." 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said zoning map. SECTION 2. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Schlather commented, for the record: "The concern with the zoning change was as much with the procedure as with the substance. The concern was that both this zoning change and the one that was tabled in the Charter $ Ordinance Committee originated in the form of public discussion on July 9, was introduced through the public hearing process on July 10 and, in fact, we were acting on them less than one montli later which is today (August 7)'_ The concern is that the normal zoning process takes at least two months and the reason for that is very simple - -to insure that all interested parties in fact have an opportunity to be heard on these critical issues. In this particular case, because we are dealing with a specific tract of land and because there has been such overwhelming sentiment and because the C&O Committee was given certain assurances by the Planning Department concerning notice to the property owners in the area, the C$0 Committee agreed to report this particular resolution to Council with its recommendation for passage, the theory being that this activity on the part of the neighbors was satisfied in lieu of the informal notice that might otherwise be generated through the two -month publicity period. The problem with the other issue was, and there is no misunderstanding, I fully appreciate the significance of - -it is not an accessory apartment but it is a secondary apartment right which, as currently writ.t.en, is not restricted to owner- occupied premises. It is fully L1116 -stood and appreciated by the Cf,O Committee that that, in fact, is whez` we are discussing and we are discussing modification of that right. r.- the same token the CF,O Committee discussed several options and several alternatives to just outright abolition of that particular zoning 198 6 - August 7, 1985 right and it was felt that there was not enough time to develop adequate public debate which affects all areas of the city, not just the Bryant Park neighborhood. Thai, is why that particular issue is not reported out of committee, We are prepared to go forward and do unanimously recommend. passage of this particular resolution." Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Moratorium on Issuance of Certain Typ Certificates of Occupancy immediate increase in residential density] By Alderperson Cummings: Seconded by WHEREAS, the City of Ithaca follows a and zoning to guide and regulate the and es of Buildin institution o Permits and measure to limit Alderperson Killeen process of land use planning use and development of property, WHEREAS, land use guidelines and controls established for this purpose require periodic review to determine whether current property use and development is consistent with established community objec- tives and values, or whether modification of such regulations and guidelines may be needed in order to accommodate acceptable and desirable change or to protect the value of existing development against inappropriate, or detrimental use or development, and WHEREAS, the Board of Planning and Development has determined that the city's General Plan, which provides for the use and development of land in the city, is in need of revision and updating, but is unable to budget or program this activity until 1986, and WHEREAS, concern has been expressed by residents and property owners of a portion of the residential areZ known as the "Bryant Tract" ., regarding a trend away from single- family owner- occupancy and towa7 rental occupancy of housing units by groups of unrelated individual° accompanied by changes in the area's character, and WHEREAS, planning staff have determined that this trend seems to be accelerating, indicating a need for interim action to permit adequate time for a study of conditions and consideration of alternate courses of action with respect to problems identified; be it RESOLVED, That this Common Council hereby calls for a temporary moratorium on the issuance of building permits or certificates of occupancy which would allow or result in an increase in the number of persons other than minor dependent children residing in non- owner- occupied housing units in the below - described area of the City of Ithaca: All that area of land bounded by a continuous line beginning at the Old Stone Bridge crossing Cascadilla Creek, following the centerline of College Avenue southerly to its intersection with the centerline of Mitchell Street; thence easterly to its intersection with the centerline of Ithaca Road, thence northeasterly to its intersection with the centerline of Dryden Road; thence continuing northeasterly to its intersection with -the centerline of Campus Road; thence westerly to the centerline of Cascadilla Creek; thence continuing westerly along the centerline of Cascadilla Creek to the point and place of beginning; and be it further RESOLVED, That this moratorium shall be in effect for one year from date of passage of this resolution unless sooner terminated by action of Common Council, during which period the Board of Planning and Develn-,;ient and its staff are requested to make every reasonable effor"_ co define, evaluate, and recommend to Common Council and to tl,.; residents and property owners of the area affected an appropriate, reasonable course of action including but not limited to changes in zoning districts and regulations applicable to all or parts of the area, for the resolution or mitigation of the conditions which prompt this moratorium, and be it further RESOLVED, That this moratorium shall take effect immediately. -7- Discussion followed on the floor. August 71 1.98..99 Amending Resolution By Al erperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the following be added at the end of the description. in the first RESOLVED: beginning, "together with all that tract of land. on the west: side of College Avenue which is currently zoned B -2B and which includes all of tax parcels 63 -5 -3, 63 -5 -45 63 -5 -5, 63- 6 -1.1., 63 -6 -1.2 and 63 -6 -13, inclusive, as shown on the current- tax assessment maps (400,1 and rolls of the County of Tompkins." Discussion followed on the floor. A vote on the amendment resulted as follows: Carried Unanimously Discussion followed on the main motion as amended. A vote on the main motion as amended resulted as follows: Ayes (3) - Killeen, Dennis, Cummings f's Nays (7) - Peterson, Hoffman, Haine, Holdsworth, Myers, I�f Romanowski., Schlather Motion Defeated �_..l Introducing Proposed Amendment to Zoni.n Ordinance and. Providing for Public Notice and Public Hearing (alternate proced5re for instituting temporary limit on increase in residential .ensity) By Alderperson Cummings: Seconded y Alderperson Hai.ne WHEREAS, the City of Ithaca follows a process of land use planning and zoning to guide and regulate the use and development of property, and WHEREAS, land use guidelines and controls established for this purpose require periodic review to determine whether current property use and development is consistent with established community objec- tives and values, or whether modification of such regulations and guidelines may be needed in order to accommodate acceptable and desirable change or to protect the value of existing development against inappropriate, or detrimental use or development, and. WHEREAS, the Board of Planning and Development has determined that the city's General Plan, which provides for the use and development of land in the city, is in need of revision and updating, but is unable to budget or program, this activity until 1986, and WHEREAS, concern has been expressed by residents and property owners of a portion of the residential area known as the "Bryant Tract" and other adjacent areas regarding a trend away from single- family owner - occupancy and toward rental occupancy of housing units by groups of un- related individuals, accompanied by changes in the area's character, and, WHEREAS, Planning staff have determined that this trend seems to be accelerating, indicating a need for interim action to permit adequate time for a study of conditions and consideration or alternate courses of action with respect to problems identified; be it RESOLVED, That Ordinance No. 8S- entitled "An Ordinance Amending Chapter 30 entitled 'Zoning', of the City of Ithaca Municipal Code To Provide for a Temporary Moratorium on Certain Building Permits and Certificates of Occupancy," is hereby introduced before the Common Council of the City of Ithaca, N.Y.; and be it further RESOLVED, That the Common Council shall hold a Public IlcarinQ in the matter of the adoption of the aforesaid ordinance to be helct aL :;,t: Council Chambers, City Mall, 108 East Green Street in the City of Ithaca, N.Y., on Wednesday, the fourth day of September, 1985 at 8:15 p.m. o'clock; and be it further 200 -8- August 7, 1985 RESOLVED, That the City publication of a notice time when and the place in general terms descri shall be published once and be it further Clerk give notice of such public hearing by in the official newspaper, specifying the where such public hearing will be held, and Bing the proposed ordinance. Such notice at least fifteen days prior to the hearing; RESOLVED, That the City Clerk shall. transmit forthwith to the Plan- ning and Development Board of the City of Ithaca and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report. thereon.. ORDINANCE N0. SS- AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA NIUNICIPAL CODE TO PROVIDE FOR A. TEMPORARY MORATORIUM ON CERTAIN BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows' SECTION 1. ADDING SECTION 30.01 1 That 9 30.01,entitled "Temporary Moratorium'on- Certain' Building Permits and Certificates of Occupancy" is hereby added as follows: "S 30.01 Temporary Moratorium on Certain Building Permits and Certificates of Occupancy In order to stabilize existing conditions of use and occupancy, to facilitate the systematic and thorough evaluation of the effects of recent changes in the use and occupancy of property within an area which has been observed to be undergoing rapid change, and through such study to identify and present for legislative action appropriate measures for the protection and enhancement of the area. the Building Commissioner of the fetive date Ithaca ofshall this Ordinaperiod of twelve (1.2) mon.ths from the e fc cease to issue: a. any Building Permit for alterations, additions, or new construction which would increase the number or the legal occupancy of non- owner- occupied dwelling units in the area described in Section 2 of this Ordinance, b. any Certificate of Occupancy for a change in use which would increase the legal occupancy capacity of any non - owner- occupied dwelling unit, or the number of such. units, in the area described in Section 2 of this Ordinance." SECTION 2. APPLICATION OF MORATORIUM "This moratorium shall apply to all properties in the area bounded by a continuous line beginning at the Old Stone Bridge crossing Cascadilla Creek, following the centerline of College Avenue southerly to its intersection with the centerline of Mitchell Street; thence easterly to its intersection with the centerline of Ithaca Road; thence northeasterly to its intersection with the centerline of Dryden Road; thence continuing northeasterly to its intersection with the centerline of Campus Road; thence westerly to the centerl of Cascadilla Creek; thence continuing westerly along the centerlin of Cascadilla Creek to the point and place of beginning. SECTION 3. APPEALS PROCEDURE .,,If' an individual applying for a Building Permit or Certificate of Occupancy covered by this moratorium can demonstrate hardship as a result of the moratorium, he or she may appeal to the Board of Zoning Appeals which at its sole discretion, upon recommendation of the Board of Planning and Development, may exempt the individual from the provisions of the moratorium." NO'I'l: PAGE" `O1 anc ?OZ l)1S'I'4ZO1'EI) 11 August 7, 198 SECTION 4. EFFECTIVE DATE This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in 8 3 . 1 1 (B) of the Ithaca City Charter, and :Shal.1 remain in effect for a. period of twelve (12) months from the date of enactment. Alderperson Elaine left the meeting at 11:00 p.m. due to illness. Collegetown Project Al erperson Cummings reported that the Planning and Development Committee has been looking at the Collegetown revisions for several months - -a range of concepts, and have narrowed it down to one which seems to be very appealing and have been wanting to recommend it to Council, but it occurred to them that not everybody has had a chance to see it so they feel it would be appropriate to bring in the project proposal and look at it, have architects to explain it, the developer and planning staff, and gather input on it. P. Mazzarella and D. Taube, architect, presented a model of the redesigned concept of a parking garage and apartment complex for consideration of the Council and answered questions from the Council regarding the redesign. Certified Local Government Grant Application By Alderperson Cummings: Seconde y Al erperson Killeen I'HEREAS, the Planning and Development Committee has endorsed seeking Certified Local Government Funds to begin to complete the city -wide arcliitectural /historical /cultural survey of Ithaca; and WHEREAS, the Budget and Administration Committee has approved a match of $4,540 upon award of a Certified Local Government Grant, now, therefore, be it Amendin Resolut Hof, By Alderperson Sc-E- .i.t..her; Seconded by Alderperson Hol.dswort:h RESOLVED, That Section 2, Appl ica ;.ion of Moratorium sha l i read as (Woo", follows:; "'Tb i.s iiiorator:iuli1 SUA) af;ply to all in properties the area bounded by a continuous line beginning at the Old Stone Bridge crossing Cascadilla Creek; thence following the centerline of College Avenue southerly to its intersection with a line which is the eastern ex. tension of the r►ortliern boundary of tax parcel. 63 -5 -3; thence follow- ing the extension of the northern property boundary of tax parcel. 63- 5.-3 and the northern boundary of tax parcel 63-S-3 westerly to i t: intersection with the western boundary of tax parcel- 63 -5 -3; thence: 11 southerly along the western boundaries of the following tax parcels 1) so as to include alt of each of said parcels within the area encom- �) passed by the moratorium: 63.5 -3, 63 -5 -5, 63- 6 -1.1, 63• -6 -13, 63- 6- -14, 68 -4­6 through 68 -4 -•9 inclusive, 68 -5 -10 through 68 -5 -13 inclusive, ( ?' 68 -6 -2 through 68 -6 -11 inclusive and 83 -4 -2 through 83 -4 -4 inclusive, Esl to its intersect:i.on with the centerline of Mitchell. Street; i:hence easterly to its intersection with the centerline of Ithaca Road; thence northeasterly to its intersection with. the centerline of Dryden Road and continuing northeasterly to its intersection with the centerline of Campus Road; thence westerly to its intersection with the centerline of Cascadill-a Creek; thence continuing westerly along the centerline of Cascadilla Creek to the point and place of beginning. "' A vote on the amendment resulted as follows: Carried Unanimously A vote on the main motion as amended resulted as follows: Carried Unanimously Recess T Ce The Council recessed at 10:50 p.m. and reconvened in Regular session at 11:00 p.m. Alderperson Elaine left the meeting at 11:00 p.m. due to illness. Collegetown Project Al erperson Cummings reported that the Planning and Development Committee has been looking at the Collegetown revisions for several months - -a range of concepts, and have narrowed it down to one which seems to be very appealing and have been wanting to recommend it to Council, but it occurred to them that not everybody has had a chance to see it so they feel it would be appropriate to bring in the project proposal and look at it, have architects to explain it, the developer and planning staff, and gather input on it. P. Mazzarella and D. Taube, architect, presented a model of the redesigned concept of a parking garage and apartment complex for consideration of the Council and answered questions from the Council regarding the redesign. Certified Local Government Grant Application By Alderperson Cummings: Seconde y Al erperson Killeen I'HEREAS, the Planning and Development Committee has endorsed seeking Certified Local Government Funds to begin to complete the city -wide arcliitectural /historical /cultural survey of Ithaca; and WHEREAS, the Budget and Administration Committee has approved a match of $4,540 upon award of a Certified Local Government Grant, now, therefore, be it ?nia �lii_ _10- ?ugust 7, 1985 RESOLVED, That Common Council gives authorization to the Planning and Development. Department to submit a Certified Local Government Grant Application to the New York State Division of Historic Preservation for further survey work to document areas of the City for historic district: designation. Discussion followed on the floor. A vote on the resolution resulted as follows: ,eyes (8) Peterson, Hoffman, Killeen, Dennis, Cummings, Myers. Romanowski, Schlather Nay (1) - Hol dswor. th. Absent (1) - Haine Carried BUDGET AND ADMINISTRATION COMMITTEE: D.P J1 . J ut I I orize Equipment By AcT,e­iperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1985 Authorized Equipment List for the Department of Public Works be amended to include the purchase of a used Pressure System Vehicle Washer, at a cost not to exceed $2,500, as requested by the Board of Public Works, and be it further RESOLVED, That an amount not to exceed $2,500 be transferred within- the Department of Public Works Budget as follows: From: A7111 -220, Construction Equipment $2;5000 To: A5132 -225, Other Equipment 1,250 To: A5630 -225, Other Equipment and be it further RESOLVED,,That all City vehicles be washed at this facility in lieu of a commercial establishment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Fire Department Authorized Equipment By Alderperson Dennis: Seconded y Alderperson Schlather RESOLVED, That the 1985 Authorized Equipment List for the Fire Department be amended to include the purchase of one Motorola Converta -COM Console and Vehicular Power Amplifier, at a cost not to exceed $600, as requested by the Fire Chief. No additional funding is required. Carried Unanimously Audit u Al rlarpF?rcpn Dennis gPrn-nripil ITV I CIP.rtneTson Schlather RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $51,428.91, as listed on Audit Abstract #14/1985, be approved for payment. Discussion followed on the floor. A vote on the resolution. resulted as follows: Carried Unanimously Cass Park Facility Improvements Consultant Bu Alderperson Dennis: Seconded y Alder-person Schlather WHEREAS, four proposals were received in response for a contulLant to prepare a feasibility study for making various improvements to the Cass Park Facility, and WHEREAS, the Selection Committee unanimously recommended that Fred H. Thomas Associates be retained as the consultants, for a total fee of $8,800; now, therefore, be it RESOLVED, That the Mayor be authorized to sign an agreement for con- sulting services on behalf of the City, subject to approval of the City Attorney as to form and content, and be it further -11- August 7, 19852()5 RESOLVED, That an amount not to exceed $8,800 be transferred from Account A1990, Contingency, to Planning Department Account A8020 -435, Contractual Services. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Peterson, Killeen, Dennis, Cummings, Myers, Romanowski, Schlather Nays (2) - Hoffman, Holdsworth Absent (1) - Haine Carried Police Department By Alderperson Dennis: Seconded by Alderperson Holdsworth RESOLVED, That the 1985 salary of the following employees be estab- lished, effective August 12, 1985, as follows: James M. Herson $40,127 Walter Pagliaro 37,885 Discussion followed on the floor. Executive Session By Alderperson Hoffman: Seconded by Alderperson. Peterson RESOLVED, That the Council adjourn into Executive Session at the end of the meeting for discussion of the matter. A vote on the resolution resulted as follows: Ayes (7) - Peterson, Hoffman, Killeen, Dennis, Cummings, Myers, Schlather Nays (2) - Holdsworth, Romanowski Absent (1) - Haine Carried City Chamberlain By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1985 salary of John D. Wright, City Chamberlain, be established at $36,143, effective with the first pay period of 1985. Discussion followed on the floor. Tabling Resolution By Alderperson Dennis: Seconded by Alderperson Peterson RESOLVED, That the resolution be tabled for 1 month. Carried Unanimously HUMAN SERVICES COMMITTEE: Grievance Procedure for Handicapped Access Comnlaints By Alderperson Hoffman: Seconded y Alderperson Myers WHEREAS, Section 504 of the Federal Rehabilitation Act of 1983 pro- hibits discrimination on the basis of handicapped status in programs of Federal financial assistance, and WHEREAS, the Office of Revenue Sharing, in 31 CFR 51, has adopted a Section 504 implementation plan which includes the establishment of a grievance procedure by any government recipient of Revenue Sharing funds, and MiEREAS, the City of Ithaca is a recipient of Revenue Sharing funds and wishes to comply with the above requirements; now, therefore, be it RESOLVED, That the City of Ithaca hereby adopts the following Grievance Procedure: Statement of Intent Tt is the intent of the City of Ithaca Common Council that all .rograms and activities of the City of Ithaca which are designed 206 -12- August 7, 1985 to be made available to the public shall be made accessible to the handicapped in accordance with the provisions of Section 504 of the Rehabilitation Act of 1983 and other applicable Federal Agency Rules including the Office of Revenue Sharing provisions 31 CFR Part 51.55. The following Grievance Procedure is established to meet the re- quirements of the Revenue Sharing Act. It should be used by any individual who wishes to file a complaint alleging discrimation on the basis of handicap in employment practices and policies or the provision of programs, services and benefits by the City of Ithaca. ".4) The Section 504 Program Coordinator, appointed by the Mayor, is the designated responsible City employee to coordinate the City efforts, t:o receive complaints from aggrieved persons and to establish due process procedures to insure prompt and equitable resolution of complaints. Procedure 1. The Grievance should be in written form and contain as much information as possible about the alleged discrimination, including complainant's name, address, phone number, and location and description of problem. It should be submitted by the complainant and /or his or her designee within 35 calendar days of the alleged violation to: The Section 504 Program Coordinator, City Hall, 108 East Green Street, Ithaca, N.Y. 14850, (607) 272 -1713. Complainant may submit any information she /he deems relevant, in- cluding statements from witnesses or other concerned parties. Other arrangements for submission of a grievance such as a personal interview or tape recording will be made available for the visually - impaired or those with motor impairments, upon request to the Program Coordinator. 2. The Section 504 Program Coordinator shall acknowledge receipt of a complaint within S working days, copying the Chairperson of 1,40) the Human Services Committee of Common Council and the City depart- ment involved. The Section SO4 Program Coordinator may at this time request that additional information be supplied by the complainant within 10 working days of request. The City department and /or indi- vidual involved shall be given the right to respond to said grievance within 5 working days of notification. 3. Within 20 working days of receipt of the complaint, or of any additional requested information, the Section 504 Program Coordinator will respond in writing (and verbally, if requested) to the complainant and /or his or her designee, copying the Chairperson of the Human Services Committee and the City Department involved. The response will offer a resolution, explain the position of the City of Ithaca with respect to the complaint, or notify the complainant of actions taken to resolve the complaint. 4. Grievance shall be presumed resolved unless complainant, in writing and within 10 working days of receipt of response, appeals to the Human Services Committee of Common Council in care of the Chairperson, City Hall, 108 East Green Street, Ithaca, N.Y. 14850, copying the Section SO4 Program Coordinator and the City department involved. In addition to the written appeal, a hearing may be requested at which the complainant may appear personally, or throug: a designated individual and /or bring an advocate. Appeal, including a hearing, if requested, will be �,,,, °�' -��u a- 'iie next scheduled meeting of the Human Services `Jnichevteeisrswithin 35 calendar days of receipt of the request- The City Department and /or indivic'>>�:1 involved shall be given the right to respond to the grievance during the appeal. S'. The Human Services Committee shall notify the complainant and /or his or her designee, of the final resolution within 3S calendar days of the meeting or hearing. Notification shall be in writing (and verbally, if requested), with copies to the section 504 Program Coordinator and to the City department involved. Incorporation of Handicapped Access Concerns into Municipal Code By Alderperson Hoffman: Seconded by Alderperson Romanows i WHEREAS, the Common Council has adopted a grievance procedure for handicapped access complaints, and WHEREAS, the Common Council wishes to incorporate into the Municipal Code said grievance procedure as well as the City's commitment to prohibit discrimination on the basis of handicapped status; now, therefore, be it RESOLVED, That the task of incorporating the grievance procedure and the non - discrimination commitment into the Municipal Code be referred to the Charter and Ordinance Committee, for recommendation to Common Council. Carried Unanimously REPORT OF SPECIAI. COMMITTEES AND COUNCIL LIAISONS: Conservation Advisory Council Liaison Peterson distri sited copies of the 1984 Annual Report to the Council. Youth Bureau Facility Liaison Hoffman reported that the design committee has been meeting every other week for months, and the architects have told them that later this month they will be ready to go to bid with the design drawings. They have converted a number of features of the.building into "add alternates" which Council will be able to include, or not, depending on how close the bid comes to the budget amount. -13- August 7, 1985907 6. Complaint shall be presumed resolved unless complainant initiates litigation pursuant to Section 504 of the Rehabilitation Act of 1983 or other applicable Federal agency rules. In addition to the above, the complainant may also a.ppea.l to the Tompkins County Human Rights Commission, 1.287 Truma.nsburg Road, Ithaca, N.Y., 14850 (Phone 274 -5559) . All. complaints received by the Section SO4 Program Coordinator, and responses from the City of Ithaca or Human Services Committee wil.l. be kept by the City of Ithaca for a period of three years. These documents may be requested by the Office of Revenue Sharing should an investigation into alleged cool, discrimination on the basis of handicapped status be init :i.at:ed. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Killeen RESOLVED, That new Step 6 be inserted into the resolution following Step 5 under Procedure, and that the existing Step 6 be renumbered Step 7. New Step 6: "If the program coordinator determines that, because �) of time constraints, the complainant will be effectively denied ( ") redress under the normal procedures even if successful., (e.g., th.e M program will be over, or the job will be filled, before a hearing and determination can be accommodated under the above schedule) then Steps 2b, 3, and 4 (above) may be bypassed., and the Program Coord.i- nator may request the Chairperson of the Human Services Committee < to convene a special meeting of the Committee to hear the grievance and provide a final determination in a timely manner. The Program Coordinator, the complainant and /or the complainant's designated representative, and the City Department Head or individual. involved shall be invited. The Human Services Committee shall notify the complainant and /or his or her designee of the final resolution within five days of the hearing. Notification shall be in writing (and verbally, if requested) with copies to the Program Coordinator and to the City Department involved." (4000e, A vote on the amendment resulted as follows: Carried Unanimously A vote on the main motion as amended resulted as follows: Carried Unanimously Incorporation of Handicapped Access Concerns into Municipal Code By Alderperson Hoffman: Seconded by Alderperson Romanows i WHEREAS, the Common Council has adopted a grievance procedure for handicapped access complaints, and WHEREAS, the Common Council wishes to incorporate into the Municipal Code said grievance procedure as well as the City's commitment to prohibit discrimination on the basis of handicapped status; now, therefore, be it RESOLVED, That the task of incorporating the grievance procedure and the non - discrimination commitment into the Municipal Code be referred to the Charter and Ordinance Committee, for recommendation to Common Council. Carried Unanimously REPORT OF SPECIAI. COMMITTEES AND COUNCIL LIAISONS: Conservation Advisory Council Liaison Peterson distri sited copies of the 1984 Annual Report to the Council. Youth Bureau Facility Liaison Hoffman reported that the design committee has been meeting every other week for months, and the architects have told them that later this month they will be ready to go to bid with the design drawings. They have converted a number of features of the.building into "add alternates" which Council will be able to include, or not, depending on how close the bid comes to the budget amount. P, U8 -14- August 7, 1985 Fire Services Master Planning Committee Chairman Killeen reported that the committee met the previous week and are back on full course, He expects recommendations to come to Council by October. Cable T.V. Alderperson Dennis reported that he intends to contact Jean Rice, Assoc., consultant., of Washington, D.C. and ask her to come to Ithaca to talk about the "State of the Art." Ag Quad Alderperson Cummings reported that, unofficially, S.U.N.Y. is behin, possibly as much as a year, in construction. Executive Session Council adjourned into Executive Session at 12:15 a.m. to discuss personnel items, and reconvened in Regular Session at 12:39 a.m. BUDGET AND ADMINISTRATION COMMITTEE: Police Department Salaries Alderpersons Dennis an Holdsworth withdrew their original resolution. Resolution By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1985 salary of the following employee be estab- lished, effective August 12, 1.985, as follows: Walter Pagliaro $37,885 A merit increase Carried Unanimously Resolution By Alderperson Dennis: Seconded by Alderperson Holdsworth RESOLVED, That the 1985 salary of the following employee be estab- lished, effective August 12, 1985, as follows: James M. Herson $40,127 A non -merit salary adjustment Ayes (8) - Peterson, Hoffman, Killeen, Dennis, Holdsworth, Myers, Romanowski, Schlather Nays (1) - Cummings Absent (1) - Haine Carried lr� Local Law No. 1 - 1985 Alderperson Sc lather reported that, at the request of the Secretary of State, he appended the title of the local law to the charter changes to read, "A Local Law Amending the Ithaca City Chad so as to Provide for Uniform Hiring and Firing Practices by:" ADJOURNMENT: On a motion the meeting adjourned at 12:42 a.m. Jo ephA A. Rundle -,City Cler