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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