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