HomeMy WebLinkAboutMN-CC-1985-09-041
COMMON COUNCIL P);0C]-EDINGS
CITY OF ITH.ACA, NEW YORK.
Regular Meeting 8:15 P.M. Sept-.(-mber 4, 1983)
PRESENT:
Mayor - Gutenberger
Alderpersons (10) - Cummings, Dennis, ))sine, Hoffiiian, Hoidswo-J -1.11,
Killeen, Myers, Peterson, Romanowski, Schlather
OTHERS PRESENT:
City Controller. -- Spano
City Attorney - Stumbar
(Woo,� Building Commissioner - Hoard
Community Development Administrator -- Goldwyn
Personnel Administrator -- Best -Shaw
Dep. Dir., Planning & Development - Maz arella
Dir., Planning Development - Van Cort.
Dep. Controller - Cafferillo
Fire Chief. -- Olmstead
Superintendent of Public Works - Doi)gl,erl :y
BPW Commissioners - Gerkin., Nichols
Developer - Mac Travis
Counsel for Developer - Atty. J. Yearigan
t City Clerk .. Rundle
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present ir, the Pledge of Allegiance to
the American flag.
MINUTES:
August 7, 1985
Alderperson Schlather requested the following correction:
page 14, item Local Law No. 1 - 1985: the title should read,
"A Local Law Amending the Ithaca City Charter so as to Provide
for Uniform Hiring and Firing Practices by:"
Resolution
By or
Romanowski: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the August 7, 1985 meeting be
approved as corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - Pro os
t e ed Changes to Zoning Ordinance Amending
Chapter 30 of City of Ithaca Municipal To Provide—for Temporary
Moratorium on Certain Building Permits and Certificates of Occupancy
Resolution To Open Public Hearin
By Alderperson Sc lat er: Secon ed by Alderperson Haine
RESOLVED, That the Public Hearing to consider proposed changes to
the Zoning Ordinance to provide for temporary moratorium on certain
Building Permits and Certificates of Occupancy be opened.
Carried Unanimously
The following persons spoke to the Council, urging them to pass the
moratorium while studying the East Hill area to see what the present
conditions are and to plan what they want to do in the East Hill and
other areas of the city:
John Johnson, 946 E. State Street
Jim Miller, 213 Bryant Avenue
Joel Savishinsky, 222 Bryant Avenue
Dick Booth, 110 Delaware Avenue
Ben Nichols, 109 Llenroc Court
A couple of the speakers thought the moratorium should include a
larger area.
Nancy Falconer, 133 Giles Street, spoke against the moratorium,
but expressed the belief that if passed, it should apply to all
alike, not just private individuals. Ms. Falconer distributed
copies of a memo to Mayor Gutenberger and members of the Council
in which she expressed her opinion.
A'
. -2- September 4, 198S
Resolution To Close Public hearing
By Alderperson Hoffman: Seconded by Aldcrperson Schlather
RESOLVED, That the Public Hearing 1.o consider a temporary moratorium
on certain Building Permits and Certificates of Occupancy be closed.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE
Budget an Administration Committee
Alderperson Dennis requeste t at I
for Retirees Possible Resolution
AGENDA:
tem I-I. Prescription. Drug Cards
be changed to read "Resolution."
Alderperson Dennis also requested the addition of Item. 1. Salary of
Plumbing Inspector - Resolution.
No Council member objected.
BPW/Council Liaison
Alderperson Hoffman, as BPW Liaison, requested addition of a
resolution concerning a. Department of Transportation Detour.
No Council member objected.
Charter and Ordinance Committee
Alderperson Schlather requested the addition of the word, Resolution,
which was inadvertently omitted, at the end. of Item D.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Collegetown Development
Robert G. Johnson, 403 College Avenue, spoke to the Council in favor
of the Collegetown Development.
Jason Fane, 133 N. Quarry Street, spoke to the Council regarding the
value of the land to be sold to the developer.. He made an oral offs
to purchase said property for $40 per sq. ft. on a cash basis, or
$60 per sq. ft. on the same terms being offered -to the developer.
Paul Sayvetz, 201 Elm Street, expressed opposition to the developer
of the project being given six free parking spaces.
REPORT OF BOARD OF REPRESENTATIVES:
Update on Population
City Rep. Stein reported that the recent update on population for
cities, towns and villages in Tompkins County which the county re-
ceived shows an estimate of significant drop in the population of
the city. The county questions the validity of the estimate and are
looking into it because of the impact on the money received for
revenue sharing for the city. He asked that the city work with the
county in investigating this. Frank Liguori intends to ask the
regional planners at the meeting of the Southern Tier East Regional
Planning Board the following day how they came up with the estimate
and if there is any way we can either protest or appeal it as the
county feels we have to deal with this as soon as possible.
Department of Social Services
City Rep. Stein reported that the county is in the process of gather-
ing information on a site on South IIi.11. They are hoping to resolve
the problem of a site for the Dept. of Social Services soon, which
has been holding up the solution to the old hospital building.
Escrow Accounts - Tax Payments
City Rep. Stein reported that the county board are very concerned
about the item in the newspaper concerning escrow accounts in a local
bank. The board knew about the problem; it was discussed and debated
at the county board level and a resolution was put before the board
saying that "it is our pleasure that the local banks pay the taxes on
time held in escrow." The majority of the board thought that was too
radical and they voted it down. Now, we have the situation of members
of the community being upset that their reputations have been besmirched
because of matters not of their doing. The board is trying to do
-3- September 4, 198r)
something about it. A resolution has been prepared asking the �t :atc
to bring in an investigation group to investigate the bank. However,
the bank sent a Sr. Vice President here and has momentarily delayed
action; however, the board hopes i.o resol.ve the pr °obl.em.
Preferred Power
City Rep. Stein reported that the country has passed by referendum a
resolution to establish a local Municipal. Di.st:ributi.on Agency (MBA).
PASNY has now stated they will provide "preferred. power" to all. of
the MBAs (there are 54 in the state) much less than the I111restor
Owned Utilities (IOUs) are providing power for. It is available to us
if we could have a contract with PASNY who wil.l sell. us i:lre power"
and we have that contract arranged; it is agreed upon al.t:hough we
haven't passed it yet. If we receive the power then we have to dis-
tribute it through the IOUs (in this case the NYSE&G). None of the
IOUs in upstate New York are willing to sign that contract for various
reasons so we are, with our 54 other friends, in the business of
trying to negotiate with the IOUs to get: ghat: power.. Since it is not
available to us, it is going to Westchester county, Orange County and
one of the counties downstate - a]'! of it. There may be a very l.oi;g
^-+ wait before we can negotiate with the IOUs. We are hoping to go to
the state legislature and ask that they pass a resolution requi.ri.iig
t^ the IOUs to contract with us but are not sure t :he st:at:e legislature
= will. do that.
,Z
COMMUNICATIONS FROM THE MAYOR:
Assembly and Parade Permits for Commons
Mayor Gutenberger referred a memorandum from Asst. Ci.ty Atty. Bennett
regarding Assembly and Parade Permits for Commons to the Charter and
Ordinance Committee.
CITY ATTORNEY'S REPORT:
Cornell Heights Zoning Case
City Atty. Stumbar reporte-d that Cornell University, after their
request to the Court of Appeals was denied, has made another appeal.
to reconsider their initial denial which is pending now. Ile said
he referred some legislation to the Charter and Ordinance Committee
who are working on updating the zoning ordinance to comply with the
Appellate Division's record and give us a much stronger case on
future zoning issues.
Zoning - Professional Offices in Fall Creek Area
City Atty. Stumbar reported on the status of the zoning case regarding
professional offices in the Fall Creek area. He commented that
probably they will all be consolidated, and a trial will be held in
six or eight months.
Ag Quad Buildings
Alderperson Cummings asked where the city stands in relation to the.
demolition of the Cornell Ag Quad buildings. Atty. Stumbar responded
that Andrea Lazarsky is summoning up support at the hearing. They
have called a person with expertise in the area of the impact state-
ment to see what deficiencies, if any, are in the procedure and are
looking into any procedural problems to date, particularly the
Historic Preservation Office.
Offer To Purchase from Jason Fane
Alderperson Schlat er asked rtty. Stumbar to comment on the legal
effect of Jason Fane's offer. Atty. Stumbar responded that he didn't
see any "for sale" sign out on that particular property. For several
years Travis has been designated the preferred developer which
occurred after a series of hearings. The city has an obligation to
deal with him in good faith. The courts look at that as a contractual
situation. Regarding divestment of public lands at less than market
value, Alderperson Schlather asked if the city is running into a
liability question if, in fact, it can be shown that they have sold
this land at a price that is too cheap. Atty. Stumbar replied that
the city has done appraisals and recently purchased a large part of
the parcel at $33 per sq. ft. Reasonable people will differ on the
value. He thinks the city is protected in that sense.
-4-
September 4, 1985
CHARTER AND ORDINANCE COMMITTEE:
Colle etown Rezoning: Tem orar X Moratorium
By Alderperson Sc lat er: Seconded by Al erperson Dennis
ORDINANCE NO. 85 -9
AN ORDINANCE AMENDING CHAPTER 30 ENTJTLED "ZONING" OF THE CITY
OF ITHACA MUNICIPAL 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. That 9 30.01 entitled "Temporary Moratorium on Certain
Building Permits and Certificates of Occupancy" is hereby added as
follows:
9 30.01 Temporary Moratorium on Certain Building Permits and
Certificates of Occupancy.
(1) 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 ha.s 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 City of Ithaca shall for a. period of twelve (12)
months from the effective d.a.te of this ordinance 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 sub-
division 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
subdivision 2 of this ordinance.
(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; thence following the
certerline of College Avenue southerly to its intersection with a
line which is the eastern extension of the northern boundary of tax
parcel 63 -5 -3; thence following the extension of the northern property
boundary of tax parcel 63 -5 -3 and the northern boundary of tax parcel
63 -5 -3 westerly to its intersection with the western boundary of tax
parcel 63 -5 -3; thence southerly along the western boundaries of the
following tax parcels so as to include all of each of said parcels
within the area encompassed by the moratorium: 63 -5 -3, 63 -5 -5,
63 -6 -11, 63 -6 -13, 63 -6 -143, 68 -4 -6 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, to its intersection with the center-
line 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 and continuing northeasterly to
its intersection with the centerline of Campus Road; thence westerly
to its intersection with the centerline of Cascadilla Creek; thence
continuing westerly along the centerline of Cascadilla Creek to the
point and place of beginning.
(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.
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in S 3.11(B) of
the Ithaca City Charter, and shall remain in effect for a period of
twelve (12) months from the date of enactment.
`ter
-5- September 4, 1085
Discussion followed on the floor.
A vote on the resolution. resulted as follows:
Carried Unanimously
R -1 Rezoning: Deletion of two- farni.lX__�uniZ.
By Alderperson Schlather: Seconded by Alderperson Hol.dswori:h
ORDINANCE NO. 85 - -7 0
AN ORDINANCE AMENDING SECTION 30.25 OF CHAPTER 30 OF THE CITY OF
ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council. of 1-he City of
Ithaca, New York, as follows:
SECTION 1. AMENDING SECTION 30.25
"A. That Section 30.25 "District. Jtegulal: ions Chart" is hereby
amended by deleting from Column 2 a two- family dwelling as a per-
mitted primary use under the R -la arid R•.ib zoning di.stri.ct-
Columns 6 and 7 of the District Regulations Cllart, are also amended
to delete references to two - family dwellings in the R -la and R --lb
zoning districts."
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Sect=ion 3.77(B)
of -the Ithaca City Charter.
Discussion followed on the floor.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That Section 30.25 "District Regulations Chart" is hereby
amended to permit two - family dwellings in the R -la and R -lb zones if
(a) one unit is owner- occupied,
(b) one unit may be no larger than fifty percent of the floor
area of the other, and
(c) the non - owner - occupied unit may be occupied by no more than
two persons if unrelated.
A vote on the amendment resulted as follows:
Ayes (2) - Peterson, Schlather
Nays (8) - Hoffman, Killeen, Haine, Dennis, Holdsworth,
Cummings, Myers, Romanowski
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (8) - Hoffman, Killeen, Haine, Dennis, Holdsworth,
Cummings, Myers, Romanowski
Nays (2) - Peterson, Schlather
Carried
Open Meetings Law
By Alderperson Schlather: Seconded by Alderperson Hoffman
ORDINANCE NO. 85 -11
AN ORDINANCE AMENDING CHAPTEI. 2 ENTITLED "FREEDOM OF INFORMA-
TION" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. That Chapter 2 entitled "Freedom of Information"
Of the City of Ithaca Mlun:i.cipal Code be and it is hereby amended
by the addit =ion of Article II, of SS 2.10 et seq. entitled "Open
Meetings" as follows:
21�
..6- September. 4 , 1_985
°'ARTICLE II
OPEN MEETINGS
S 2.10 Purpose
It is essential to the maintenance of a democratic society that
the public business be performed in an open and public manner and
that the citizens of this city be fully aware of and able, t:o observe
the performance of public officials and attend and listen to the
deliberations and decisions that go into the making of public policy
The people must be able to remain informed if they are to retain
control over those who are their public servants. ]:t is the only
climate under which the commonweal will prosper and enable the
government process to operate for the benefit of those who created
it.
This Article is to be given a broad and liberal construction so
as to achieve this purpose. Notwithstanding any State law to the
contrary, this Article is to be applied to any gathering or meeting
of a public body, whether formal or informal_, for the purpose of
discussing or transacting public business.
S 2.11 Short title
This Article shall be known and may be cited. as "Open. Meetings
Law."
As used in this Article:
1. "Meeting" means the official convening of a public body for
the purpose of conducting public business.
2. "Public body" means any entity, for which a quorum is required
in order to conduct public business and which consists of two or mor
members, performing a governmental function for a public corporation
as defined in section sixty -six of the New York State general
construction law, or committee or subcommittee or other similar body
of such public body.
3. "Executive session" means that portion of a meeting not open
to the former public.
S 2.13 Open meetings and executive sessions
(a) Every meeting of a public body shall be open to the general
public, except that an executive session of such body may be called
and business transacted thereat in accordance with section ninety -
five of the New York State Public Officers' Law.
(b) Public bodies shall make or cause to be made all reasonable
efforts to ensure that meetings are held in facilities that permit
barrier -free physical access to the physically handicapped,as de-
fined in subdivision five of section fifty of the New York State
Public Buildings Law.
S 2.14 Public notice
1. Public notice of the time and place of a meeting scheduled at
least one week prior thereto shall be given to the news media and
shall be conspicuously posted in one or more designated public
locations at least seventy -two hours before such meeting.
2. Public notice of the time and place of every other meeting
shall, be given, to the extent practicable, to the news media and
shall be conspicuously posted in one or more designated public
locations at a reasonable time prior thereto.
3. The public notice provided for by this section shall not be
construed to require publication as a legal notice.
-7- September 4, 19CM 5
S 2.1S Conduct of executive sessions
1. Upon a majority vote of its 'I-otal membership, taken in an
open meeting pursuant to a motion identifying the general area or
areas of the subject or subjects t_o be considered, a public: body may
conduct an executive session for the below enumerated purposes only,
provided, however, that no action by formal_ vote shall. be taken to
appropriate public moneys:
a. matters which will imperil the public safety if disclosed;
b. any matter which may disclose the identity of a law enforce-
ment agent or informer;
C. information relating to current or future investigation or
prosecution of a criminal offense which would imperil. effective law
enforcement if disclosed;
d. discussions regarding proposed, pending or current litigation;
e. collective negotiations pursuant to article fourteen of the
civil service law-,
O f. the medical, financial, credit or employment history of a
particular person or corporation, or matters leading to the. appoint-
ment, employment, promotion, demotion, discipline, suspension,
dismissal or removal of a particular person or corporation;
g. the preparation, grading or administration of examinations;
and
h. the proposed acquisition, sale or lease of real property or
the proposed acquisition of securities, or sale or exchange of
securities held by such public body, but only when publicity would
substantially affect the value thereof.
(4000, 2. Attendance at an executive session shall be permitted to any
member of the public body and any other persons authorized by the
public body.
S 2.16 Minutes
1. Minutes shall be taken at all open meetings of a public body
which shall consist of a record or summary of all motions, proposals,
resolutions and any other matter formally voted upon and the vote
thereon.
2. Minutes shall be taken at executive sessions
that is taken by formal vote which shall consist o
summary of the final determination of such action,
vote thereon; provided, however, that such summary
any matter which is not required to be made public
of information law.
of any action
f a record or
and the date and
need not include
by the freedom
1. Any aggrieved person shall have standing to enforce the pro-
visions of this Article against a public body by the commencement of
a proceeding pursuant to article seventy -eight of the civil practice
law and rules, and /or an action for declaratory judgment and injunctive
relief. In any such action or proceeding, the court shall have the
power, in its discretion, upon good cause .shown, to declare any action
or part thereof taken in violation of this Article void in whole or
in part.
3. Minutes
of meetings of all
public bodies
shall be available
to the public
in accordance with
the provisions
of the freedom of
information law
within two weeks
from the date
of such meeting except
that minutes
taken pursuant to subdivision
two
hereof shall be
available to
the public within one
week from the
elate of the executive
(moo"
session.
S 2.17 Enforcement
1. Any aggrieved person shall have standing to enforce the pro-
visions of this Article against a public body by the commencement of
a proceeding pursuant to article seventy -eight of the civil practice
law and rules, and /or an action for declaratory judgment and injunctive
relief. In any such action or proceeding, the court shall have the
power, in its discretion, upon good cause .shown, to declare any action
or part thereof taken in violation of this Article void in whole or
in part.
216 -8- September 4, 198S
An unintentional failure to fully comply with the notice provisions
required by this Article shall. not alone be grounds for invalidating
any action taken at a meeting of a public body. The provisions of
this Article shall not affect the validity of the authorization,
acquisition, execution or disposition of a bond issue or notes.
2. In any proceeding brought pursuant to this section, costs and
reasonable attorney fees may be awarded by the court, in its dis-
cretion, to the successful. party.
3. The statute of limitations in an article seventy -eight pro-
ceeding with respect to an action taken at executive session shall.
commence to run from the date the minutes of such executive session
have been made available to the public.
9 2.18 Exemptions
Nothing.contained in this article shall be construed as extending
the provisions hereof to:
1. judicial or quasi - judicial proceedings except proceedings of
the zoning boards of appeals;
2. (a) deliberations of political committees, conferences and
caucuses;
(b) notwithstanding any state law to the contrary this exemption
is to be narrowly, not expansively, construed; it shall apply soaely
to those meetings at which only political and not public business is
discussed; and
3. any matter made confidential by federal or state law.
9 2.19 Severab it it
If any provision of this Article or the application thereof to
any person or circumstances is adjudged invalid by a court of
competent jurisdiction, such judgment shall. not affect or impair
the validity of the other provisions of the law or the application
thereof to other persons and circumstances."
Section 2. That Chapter 2 entitled "Freedom of Information" of
the City of Ithaca Municipal Code be and it is hereby amended by
designating gg 2.1 through 2.8 entitled "Public Access to Records
Rules of the City of Ithaca" as "Article I."
Section 3. This law shall take effect immediately and in
accordance with law upon publication of a notice as provided in
S 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Curbside Parking:
and Vehicles" of
By Alderperson Sc
t
A n ordinance amending Chapter 60 entitled "Traffic
e City of Ithaca Municipal Code -
ather: Seconded y Alderperson Killeen
ORDINANCE NO. 85 -12
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES"
OF THE CITY OF ITHACA MUNICIPAL CODE.
lr_.�
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Section 60.48 entitled "Curb Line Parking" of
Article IV entitled "Parking, Standing and Stopping" of Chapter 60
entitled "Traffic and Vehicles of the City of Ithaca Municipal Code
be and it is hereby amended in pertinent part as follows:
S 60.48 Curb Line Parkin
Delete:
September 4, 198M
"No person shall stop, stand or Dark a vehicle between t:he curb
line or edge of pavement and the sidewalk or adjacent property line
of any street or highway except the following streets or highways;11
Insert:
"No person shall stop, stand or park a vehicle between t:he curb
line or edge of pavement and the sidewalk or adjacent property line
of any street or highway except the following; streets or highways,.
where parking shall be limited to a period of time no more than
twenty -four (24) consecutive hours:"
Insert:
"Hillview Place, south side, from Aurora. Street to a. poi.nt 90'
to the east (perpendicular parking only)."
(� Section 2. This ordinance shall take effect immediately and in
C i accordance with law upon publication of a. notice as provided iri
S 3.11(B) of the Ithaca City Charter
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried. Unanimously
Recess
Common Council recessed at 9 :42 p.m. and reconvened in Regular
Session at 9:57 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
Collegetown Redevelopment Project - Approval of Conceptual Design
By Alderperson Cummings: Seconded by Al erperson Maine
WHEREAS, the City of Ithaca, Cornell University and Eddygate Park
Associates have been working on a program for the redevelopment of
Collegetown which includes the provision of additional public parking,
the construction of street, sidewalk and park improvements and the
development of housing, retail and cultural facilities; and
WHEREAS) the City of Ithaca has previously designated Eddygate Park
Associates as the preferred developer for the housing and retail
portions of the project and entered into a development agreement
dated February 11, 1985; and
WHEREAS, the City of Ithaca, Cornell University and Eddygate Park
Associates have entered into an agreement regarding the transfer of
property and easements, the construction of surface parking and park
improvements and other matters pertaining to the development of the
Collegetown Redevelopment Project; and
WHEREAS, the City of Ithaca has applied for and received preliminary
funding approval
for a $1.38 million Housing Development Grant; and
WHEREAS, Common
Council approved the conceptual design for the
Collegetown Redevelopment
all of the bids
Project on August 1, 1984, but rejected
for the construction of the parking facility because
the project was
too costly; now, therefore, be it
RESOLVED, That Common
Council Hereby approves the conceptual design
dated August 7,
1985 of the parking facility and park portions of
the project and
commits the City to design and build the parking
garage and park,
and to develop a special tax assessment district to
help finance the
construction of the parking garage, subject to
agreement by Cornell
University to provide the land necessary for
the construction
of the parking facility; and be it further
218
-10- September 4, 1985
RESOLVED, That Common Council hereby approves the conceptual design
dated August 7, 1985 of the housing and retail portions of the
project and endorses further development of the design, subject to
the execution of a development agreement between the City of Ithaca.
and Eddygate Park Associates, the approval_ of amendment to the City's
HODAG application by the U.S. Department of Housing and Urban Develop-
ment and the approval of amendments to the agreement between the City,
Cornell and Eddygate Park Associates pertaining to the provision of
parking on University land by residents of the Eddy Pate Park Apartments;
and be it further
RESOLVED That Common Council hereby finds that the Collegetown Re-
development Project has no significant impact on the environment; a.nc
be it further
RESOLVED, That Common Council hereby authorizes and directs the Mayor
to negotiate and sign the necessary amendments to the City's Housing
Development Grant application and the agreement between'the City,
Cornell and Eddygate Park Associates.
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Cummings
RESOLVED, That the second!be it further RESOLVED read as follows:
"be it further RESOLVED, That Common Council hereby finds that the
Collegetown Redevelopment Project has no significant major impact on
the environment; and that the Planning Department. and Developer work
together to mitigate impacts identified as low to moderate in the
Environmental Assessment Form."
Discussion followed on the floor.
A vote on the amendment resulted. as follows:
Carried Unanimously
Alderperson Holdsworth raised the question of whether or not the
acceptance of the design agreement commits the city to automatic
endorsement of the development agreement.
Discussion followed on the floor.
Council agreed to discuss the Development Agreement before taking
action on the resolution for approval of Conceptual Design of the
Collegetown Redevelopment Project.
Discussion of the Development Agreement followed.
Amending Resolution
By Al erperson Schlather: Seconded by Alderperson Holdsworth
RESOLVED, That subparagraph A of Section 1:00 Contingencies of the
September 4, 1985 agreement be amended by deleting that language
beginning on line 6 with the words "unless EGP" and continue to the
end of the paragraph.
A vote on the amendment resulted as follows:
Ayes (5) - Peterson, Hoffman, Holdsworth, Romanowski, Schlather
Nays (5) - Killeen, IIaine, Dennis, Cummings, Myers
Mayor Gutenberger broke the tie by voting Nay.
Motion Defeated
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Holdsworth
RESOLVED, That the first paragraph of Section 3.02 under Additional
Provisions, which basically gives the developer 6 parking permits,
be deleted.
Ayes (3) - Hoffman, Holdsworth, Schlather
Nays (7) - Peterson, Killeen, Haine, Dennis, Cummings, Myers,
Romanowski
Motion Defeated
J
_11-
'y ()
September 4 , 19 &5-1 0
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That a paragraph be added under Section 3.00 Additional
Provisions stating that Eddygate is accepting the property as is,
and will assume all razing and treiiching costs for the removal of
the building, tanks and what have you.
Carried Unanimously
Amending Resolution
By Alderperson Schlather: Seconded by A.l.derperson Holdsworth
RESOLVED, That paragraph 2.05 on page 8 of the agreement: reflect:
that interest shall accrue upon passing of title, and the first:
payment of $18,000 will be due one year after passing the tattle.
Ayes (6) - Peterson, Hoffman, Holdsworth, Myers, Romanowski,
Schlather
Nays (4) - Killeen, Haine, Dennis, Cummings
Carried
Amending Resolution
(f) By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the following be added. under. paragraph A of Section
1:00 Contingencies. "In the evens_ that EGP proceeds with it.s opt.ion
(.)) without the HODAG, then in that event the mortgage noise contemplated by this agreement shall bear interest at Lhe rate equa1 to the first.
HA mortgage lender."
Ayes (5) - Peterson, Hoffman, Holdsworth, Romanowski., Schlather
Nays (5) - Killeen, Ilaine, Dennis, Cummings, Myers
Mayor Gutenberger broke the tie by voting Nay.
Motion Defeated
Resolution
By Alderperson
RESOLVED, That
Ayes (4)
Nays (6 )
Cummings: Seconded by Alderperson Myers
the question be called.
Killeen, Haine, Cummings, Myers
Peterson, Hoffman, Dennis, Holdsworth, Romanowski,
Schlather
Motion Defeated
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Holdsworth
RESOLVED, That subsection 2.15 on page 11, first line, deleting the
word, project, to read as follows: "EGP agrees that for the length
of the term of the mortgage contemplated by this agreement, the
numberof units . . . . . . . . . . . . . . . . . . . . . . . . ."
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Hoffman, Peterson, Dennis, Holdsworth, Romanowski,
Schlather
Nays (4) - Killeen, Haine, Cummings, Myers
Carried
Collegetown Redevelopment Project -- Approval of Conceptual Design
A vote on the main motion as amended resulted as follows:
Ayes (6) - Peterson, Killeen, }Iaine, Dennis, Cummings, Myers
Nays (4) - Hoffman, Ioldsworth, Romanowski, Schlather
Carried
Collegetown Redevelopment Project -- Approval of Development Agreement
as Amended
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the City of Ithaca has selected Travis and Travis as the
preferred developer for the housing and retail. portions of the
Collegetown Redevelopment Project; and
220 -12- September 4, 1985
WHEREAS, Travis and Travis have formed a limited partnership known
as Eddygate Park Associates and have developed plans for a project
containing approximately 64 dwelling units and 6,000 square feet of
retail space; and
WHEREAS, the design for the apartments and retail stores were de-
veloped in conjunction with the proposed design for the City's
parking facility; now, therefore, be it
RESOLVED, That the Common Council hereby reaffirms Eddygate Park
Associates as the preferred developer for the housing and retail
portions of the Collegetown Project; and be it further
RESOLVED, That the City of Ithaca hereby approves t:lie Development
Agreement between the City of Ithaca and Eddygate Park Associates
dated September 4, 1985, as amended, and authorizes the IURA to
prepare for the sale of the necessary property to Eddygate Park
Associates; and be it further
RESOLVED, That the Mayor is hereby authorized and directed to sign
the Development Agreement, subject to approval by the City Attorney.
Ayes (6) - Peterson, Killeen, Haine, Dennis, Cummings, Myers
Nays (4) - Hoffman, Holdsworth, Romanowski, Schlather
Carried
Collegetown Development Project -- Contract with Hoffman, O'Brien,
Levaticli and Taube , P.C.
By Alderperson Cummings: Seconded by Alderperson Killeen.
WHEREAS, the City of Ithaca has approved the revised conceptual
design for a public parking facility and park on Dryden Road; and
WHEREAS, the City of Ithaca previously approved a program for street
improvements in Collegetown and directed that the design of these
improvements be undertaken; now, therefore, be it
RESOLVED, That Common Council hereby approves the contract for archi
tectural services between the City of Ithaca and Hoffman, O'Brien,
Levatich and Taube, P.C. dated August 7, 1985 and authorizes and
directs the Mayor to sign the contract, subject to approval by the
City Attorney.
0
J
Discussion followed on the floor. Alderperson Schlather commented
that the city ought to establish a fixed limit of construction cost
and negotiate it or arrange price with the architect; also there
should be a provision setting a target date, and the basic non- discrimi-
nation clause should be added.
City Atty; Stumbar responded that the new non - discrimination clause
which is much broader should be added. Dep. Planning Director
Mazzarella commented that the other items should be decided by
Council, although he recommended not establishing a fixed limit of
construction cost because it would be handing over some of the
authority that would normally be reserved to the city to make de-
cisions about structural system material, etc. Ile felt the city has
other forms of protection; for example, the city engineer can watch out
for that sort of thing.
Amending Resolution
By Alderperson Schlather
RESOLVED, That Schedule
Architect's Agreement be
May 1, 1986.
Seconded by Alderperson Cummings
15.1.1 of Article 15.1 on page 11A of the
amended so that the target date becomes
Carried Unanimously
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the resolution read . . . "subject to approval of the
City Attorney and subject further to the execution of the Develop-
ment Agreement between EGP and the City of Ithaca."
-13- September 4, 194321
Ayes (4) - Hoffman, Holdsworth, Romanowski, Schlat:her
Nays (6) - Peterson, Killeen, Haine, Dennis, Curnmi.ngs, Myers
Motion. Defeated
A vote on the main motion as amended resulted as follows:
Ayes (6) - Peterson, Killeen, Haine, Dennis, Cummings, Myers
Nays (4) - Hoffman, Holdsworth, Romanowski, Schlal.her
Carried
Advanced Notification Legislation
By Alderperson Cummings: Seconded by Alderperson Romanowski.
WHEREAS, unannounced plant closings and layoffs pose a serious problem
for the affected individuals and their fami.].ies as well as on the
local economy, and
WHEREAS, the Planning and Development Board has recommended the
adoption of Advanced Notification Legislation by Common COLI11C =l1 ;
now, therefore, be it
RESOLVED, That upon the recommendation. of the Planning and Develop-
ment Committee thy; proposed Advati( :ud NoLificat. ion Legislation► he
(�Y i referred to the Charter and Ordinance Cornmi.i -t:ee f or re ;1 a I and
(� report at the Committee's earliest convenience.
E Carried Unan7)liously
C�) Accufab Lease Agreement -- Amendment
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, Common Council has approved the terms and conditions of the
lease agreement with Accufab, Inc., for land in the Cherry Street
Industrial Park, and
WHEREAS, Citizens Savings Bank has committed to financing the
construction of new Accufab facilities at Cherry Street, and
WHEREAS, in order to finalize its financing commitment, Citizens
(400.1 is requiring that Accufab's lease agreement with the City be amended
to include certain provisions, and
WHEREAS, City of Ithaca City Attorney has reviewed and approved the
proposed changes to the lease; now, therefore, be it
RESOLVED, That Common Council does approve the following amendment
in the Accufab lease agreement:
24. Other provisions notwithstanding, for as long as Citizens
Savings Bank holds a mortgage on the leasehold, Lessor and
Lessee agree that the Lessee's interest herein may be assigned
to Lessee's lender, Citizens Savings Bank, its successors or
assigns. Lessor further agrees to give Citizens prompt notice
of any default by Lessee under this lease, whereupon the
lender shall have 30 days from receipt of such notice to cure
any default before the Lessor may enforce its rights against
the Lessee or the leasehold or exercise any other remedy,
provided that such default does not threaten the health or
safety of the community. This 30 -clay notice period shall not
apply to clauses 2 and 3 of this lease in which case the
lender will have 90 days to cure the default.
2S. The Lessor shall be provided a copy of any assignment agree-
ments between the Lessee and Citizens Savings Bank.
Carried Unanimously
Deletion from Agenda
Alderperson Cummings withdrew Item D. bower South Hill Rezoning -
ReS011ition, and Item H. East Hill Study - Report, from the agenda.
Comiion Council recessed at ll:SS p.m. and reconvened in Regular
Session at 12:OS a.m.
Alderperson }taine left the meeting at 12:15 a.m.
222
-14- September 4; 1985
NYSFG Site - ARC Grant Application
By Alderperson Cummings: Seconded by Alderperson Romanowski
WHEREAS, The City of Ithaca was unsuccessful in its recent applica-
tion to the Department of Housing A Urban Development for funding
assistance to purchase and develop a 10 -acre site as an industrial
park and permanent site for Ithaca's Community Gardens; and
WHEREAS, the need for these particular projects has been recognized
by the Common Council, and additional financial support has been
demonstrated by the private participants in the development; now,
therefore, be it
RESOLVED, That the Common Council approves the city's ap lication
to the Appalachian Regional Commission in the amount of 150,000
for acquisition and development assistance, as recommended by the
Ithaca Urban Renewal Agency /Community Development Agency, and en-
dorsed by the Planning and Development Board and the Planning F,
Development Committee of Common Council., and be it further
RESOLVED, That the Mayor be and hereby is authorized and directed
to sign upon the advice of the City Attorney and the Director of
Planning & Development any and all instruments necessary to submit
the City's application to the Appalachian Regional Commission,
which actions shall include a purchase offer to the New York State
Electric $ Gas Corporation for the subject lands at the agreed upon
cost, contingent upon the success of the application, and be it
further
RESOLVED, That the Planning and Development Department is directed
to prepare tenant selection criteria for approval by Common Council.
Discussion followed on the floor.
Amending Resolution
B Alderperson Schlather: Seconded by Alderperson IIoldsworth
y
RESOLVED, That the following be added:
"and be it further RESOLVED, That if and when the city is successful
in its ARC application, there shall be no commitment of any local
funds to the infrastructure aspects of this project without further
Common Council review and approval."
Discussion followed on the floor.
Alderpersons Schlather and Holdsworth withdrew their amendment.
A vote on the main motion resulted as follows:
Ayes (6) - Killeen, Dennis, Cummings, Myers, Romanowski,
Schlather
Nays (3) - Peterson, Hoffman, IIoldsworth
Absent (1) - Haine
Carried
6w��
IIUMAN SERVICES COMMITTEE:
Cit Southside Center Agreement
Al erperson IIoffman reportei at discussions with Southside
Community Center have been ongoing and as a result the city repre-
sentatives to the study committee have drafted an agreement to cover
the next: 14 months which was accepted in concept by the Southside
representatives attending the last meeting but has not been approved
by their board. Essentially it modifies the relationship between the
two; it would commit the city to make those major repairs that have
been identified over the last couple of years to get the building in
good shape; the Southside community would agree to continue to
operate programs in the renovated building but would submit to a more
conventional program review like other agencies receiving city funding.
For 1986 the city would continue to pay the utilities and the
custodial and minor maintenance costs as they have been for the last
3 or 4 years, but beginning in 1987 the Southside would cover utilities,
maintenance and custodial costs and would request program funding
from the city on an annual basis which would presumably cover the kind
of costs that have so far been covered by the city. The next meeting
-is-
September 4, 198423
of the joint study committee is the evening of September 12, 7985 at
7:30 p.m. If the representatives agree on it:, it then 1qi.7.7 come to
the Human Services and Budget � Administration Committees and to t:he
Common Council, hopefully, in October.
1986 Revenue Sharing Requests
Alderperson Hoffman reported that [.he city received 17 revenue sharing
requests. The human Services Coalition recommended full. funding for
15 of those 17, and suggested the other two were more appropriate for
the operational budget of the city. The Human Services Committee, at
the Mayor's request, reviewed those recommendations and in the spirit
(Wwrl of trying to hold the line on expenditures, trimmed those requests
about $4,500. All of the suggested reductions came from programs
that had received money before and had asked for increases above the
rate of inflation. The list is being sent to the Mayor who will
decide what to do with it.
Proposed Community Residence at 129 Park Place
By Alderperson Hoffman: Seconded by Alderperson Dennis
WHEREAS, by State law, the City of Ithaca must: respond l)y Septtember 5,
W 1985 to the proposal of HOMES, Incorporated to use t:he biuilding at.
(: 129 Park Place, in Ithaca, as a commuinity residence for nine adults
with psychiatric disabilities, acid
! I`� WHEREAS, the Human Services Committee of Council and the Cit:y's
Planning and Development Board have discussed the proposal and have
heard no neighborhood objections; now, therefore, be it
RESOLVED, That Common Council supports the proposal. of HOMES,
Incorporated to create a community residence for adults with
phychiatric disabilities at,129 Park Place, in Ithaca, and asks the
Mayor to communicate the City's approval to HOMES, Inc. and to the
New York State Commissioner of Mental Health, and be it further
RESOLVED, That if the property is removed from the tax rolls, the
(WW'.1 Mayor shall negotiate a payment in lieu of taxes.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
Junior hngineer
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That Liliana Roldan be provisionally appointed to the
position of Junior Engineer, at an annual salary of $18,218, that
being Step 7 of the 1985 C.S.E.A.- Administrative Unit Compensation
Plan, effective September 9, 1985; and that the Civil Service Commis-
sion be requested to hold an examination for this position.
Ayes (8) - Peterson, Hoffman, Killeen, Dennis, Cummings, Myers,
Romanowski, Schlather
Nay (1) - Holdsworth
Absent (1) - Haine
Carried
Fire Department Personnel Roster
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1985 Fire Department Personnel Roster be amended
by eliminating one (1) Assistant Fire Chief's position, effective
immediately.
Carried Unanimously
'Transfer of Funds
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That $2,000 be transferred from Account A1990, Contingency,
to Planning Department Account A8020 -430, Fees for Professional
Services, to provide for a graduate student from Cornell University
to work on Economic Development projects during the upcoming academic
year.
Discussion followed on the floor.
224 -16- September 4, 1985
A vote on the resolution resulted as follows:
Ayes (8) - Peterson, Roffman, Killeen, Dennis, Cummings, Myers
Romanowski, Schlather
Nay (1) - Holdsworth
Absent (1) - flaine
Carried
Senior Clerk
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That Carol A. Schusler be provisionally appointed to the
position of Senior Clerk in the Finance Department) at an annual
salary of $9,848, that being Step 3 of the 1985 C.S.E.A.- Administra
tive Unit Compensation Plan, effective September 9, 1985; and that
the Civil Service Commission be requested to hold an examination for
this position. Carried Unanimously
De ut Cit Clerk
By Al erperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1985 salary of Callista F. Paolangeli, Deputy
City Clerk, be established at, $19,592, effective September 9, 1985
Carried Unanimously
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.
Ayes (8) - Peterson, Hoffman, Killeen, Dennis, Holdsworth,
Cummings, Myers, Romanowski
Nay (1) - Schlather
Absent (1) - Haine
Carried
Audit
By Alderperson Dennis: Seconded by Alderperson Romanowski.
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $10,796.58, as
listed on Audit Abstract #16/1985; be approved for payment.
Carried Unanimously
Prescription Drug Cards for Retirees
By Alderperson Dennis. Seconded by Alderperson Myers
WHEREAS, the City of Ithaca provides for its employees a $1.00
co -pay prescription drug card for the purpose of purchasing covered
prescription drugs, and
WHEREAS, this ni nder1thnoCipyeofnIthaca enjoyed
Health Benefits individuals
BenefitsPlan
who have retired
now, therefore, be it
RESOLVED, That Common Council hereby extends the benefit of the
$1.00 co -pay prescription drug card under the City of Ithaca Health
Benefits Plan to any retiree or survivor presently covered by the
Plan who desires the benefit of the $1.00 co -pay prescription drug
card at the appropriate increase in health insurance premiums paid;
and be it further
RESOLVED, That the retiree or survivor who elects to receive the
$1.00 co -pay prescription drug card have the option of revoking his
or her elected choice of receiving the prescription drug card once
within the calendar year in which the option has been exercised;
and be it further
RESOLVED, That upon revoking the $1.00 co -pay prescription drug card
option, the retiree or survivor shall return to receiving the benefit
of having covered prescription drug expense reimbursed at a rate of
80 percent under the Major Medical portion of the City of Ithaca
lleal.th Benefits Plan, provided all appropriate deductions have been
met, and be it further
-17-
September 4, 198425
RESOLVED, That the Personnel Administrator be directed to reN,jew 1.11e
city's charges for health insurance, and bring a proposal for
standardization back to the Budget: and Administration Committee.
Carried Unanimously
Plumbing Inspector
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the 1985 salary of the plumbing inspector., Ivan C.
Burris, be increased to $23,444, Step 1.0 of the 1985 Compensation
Plan - CSEA Administrative Unit, effective August 1S, 1985; and be
it further
RESOLVED, That the Board of Public Works complete a re- evaluation
of the position, and of the performance of the plumbing inspector
under the existing Plumbing Code.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
(�..j Ayes (8) - Peterson, Hoffman, Killeen, Dennis, Hold.sworth,
i.� Cummings, Myers, Romanowski
Nay (1) - Schlather
Absent (1) - Haine
Carried
c( REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Liaison Hoffman presented a request from the NYSDoT for permission
to use State Street from Floral Avenue to Meadow Street and Meadow
Street and Elmira Road from State Street to the south City line, as
a detour in connection with replacement of a bridge on Route 13A in
the Town of Ithaca. The Board of Public Works approved. the request
and asked that the Council authorize this use of city streets.
Discussion followed on the floor.
Tabling Resolution
By Alderperson Hoffman: Seconded by Alderperson Killeen
RESOLVED, That the NYSDoT request to use city streets as detour route
while replacing a bridge on Rt. 13A be tabled.
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
Route 96
By Alderperson Schlather: Seconded by Alderperson Romanowski
WHEREAS, The New York State Department of Transportation has presented
the City on a preliminary basis with 4 options, and variations thereof,
for the resolution of the Route 96 question; and
WHEREAS, The New York State Department of Transportation has indicated
that formal public hearings on these options will be conducted by the
state in late 1985 or early 1986; and
WHEREAS, it appears that active discussion and debate on these options
at this time will serve to inform the public concerning the details
of these options, generating creativity in the refinement of the
options and generally prepare the city for the ultimate decision which
it must make on this question; therefore, be it
RESOLVED, That the Route 96 question, together with the 4 options for
resolution and variations thereof, as preliminarily presented by the
New York State Department of 'Transportation, be and they hereby are
referred to the Planning and Development Committee of this Common
Council for public discussions, review, debate and recommendations.
Carried. Unanimously
Conrail
By Alderperson Schlather: Seconded by Alderperson Cummings
IVIIL'REAS, Conrail daily operates long trains on tracks located on the
west side of the City of -Ithaca ; and
WHEREAS, these tracks are only traversable within the city by at. -grade
crossings; and
2 2(; -18- September 4, 1985
WHEREAS, these tracks separate a substantial number of the people
of the City of Ithaca and County- of Tompkins on the east side of
the tracks from the Tompkins Community Hospital, located on the
west side of the tracks, which hospital_ is the only hospital in
the county; and
WHEREAS, these tracks also separate a substantial number of the people
of the City of Ithaca and the Town of Ithaca on the west side of the
tracks from all fire and ambulance protection upon which these people
depend, which fire station and ambulance facilities are all located
on the east side of the tracks; and
WHEREAS, the City of Ithaca has documented numerous occasions when
Conrail has operated trains through the City at potentially critical
times; including 3:00 p.m. to 7:00 p.m. and the hours of 7:00 a.m.
and 10:00 a.m., despite Conrail's prior assurances that such opera-
tions would cease; and
WHEREAS, residents of the City, by petition, and this Common Council,
by resolution, have urged Conrail_ to take corrective measures as
appropriate to resolve this continuing problem; and
WHEREAS, it appears that the New York State Commissioner of Trans-
portation has the authority to regulate the passage of trains through
the City of Ithaca in the interests of public safety; and
WHEREAS, a similar resolution was passed by the Ithaca City Common
Council in February, 1983, Conrail's response to which was a promise
to regulate its train traffic so as to avoid these critical times;
and
WHEREAS, there has been further documentation since February, 1983
of several breaches of this promise; therefore, be it
RESOLVED, That the Ithaca City Attorney be, and he is hereby,
directed to file a complaint on behalf of the people of this communj
with the New York State Commissioner of Transportation requesting be
an investigation and order as appropriate to control the passage of
trains through the west end of the City of Ithaca during the
potentially critical period of 3:00 p.m. to 7:00 p.m. and the hours
of 7:00 a.m. and 10:00 a.m.; and be it further
RESOLVED, That this resolution, together with any supporting docu-
mentation filed herewith, be forwarded to the Commissioner of
Transportation along with the complaint. Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 12:55 a.m.
J ,sepl A. Rundle, city Clerk
John C. Gutenberg er ; I ayor