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HomeMy WebLinkAboutMN-CC-1985-10-02COMMON COUNCIL, PROCEEDINGS � CITY OF ITHACA, NEW YORK Regular Meeting '1,30 P.M. October 2, 1985 PRESENT! Mayor - Gutenberger Alderpersons - Cummings, Dennis, Haine, Hoffman, Hol dswori:h, Myers, Peterson, Romanowski, Schlather OTHERS PRESENT: City Controller - Spano (boo"City Attorney - Stumbar Supt. of Public Works - Dougherty Building Commissioner - Hoard Dir., Planning & Development - Van Cori. Personnel Administrator - Best -Shaw Police Chief - Herson Fire Chief - Olmstead T.C. Bd. of Representatives - Rep. Nichols rX� Commons Coordinator - Demming Commons Advisory Board Chairperson - U)}deri,rood City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayor Guten erger led all present. in the Pledge of Allegiance to the American flag. MINUTES: By Alderperson Myers: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the meeting of September 4, 1.985 be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Unfinished Business Alderperson Hoffman (BPW Liaison) requested that the resolution on the NYSDoT request to use a detour while constructing a bridge on Floral Avenue be removed from the table and placed on the agenda under Unfinished Business: No Council member objected. Budget and Administration Committee Alderperson Dennis requested that Item P. Southside Agreement read "Resolution." No Council member objected. City Clerk's Report City Clerk Rundle requested the addition of Item B. Resolution to request subscription. of "Register" from the NYS Dept. of State. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Petition re. traffic and safety Karl F. Schmid, 101 Brandon Place, presented the following letter of petition which was signed by 14 residents of Brandon and Dunmore Places. The letter had been mailed to City Engineer Peter Novelli. "September 27, 1985 Dear Mr. Novelli: This letter concerns a traffic and safety problem on Brandon and Dunmore Places. These intersecting streets are used heavily as a bypass to avoid the State - Mitchell intersection. Persons coming into town on East State Street drive to the Cornell Campus via these streets, as do many residents of Valentine Place (soon to increase in mumber, pre- sumably, when the Novarr apartments are completed); in reverse, Brandon - Dunmore is used when people return from the Collegetown area. This practice creates great danger to the young children on these streets, various of whom play around the deadend portion of Brandon Place adjacent 2 2 8 -2- October 2, 1985 to the intersection. It also creates a hazard for the adult residents of the dead -end area, who drive toward their homes from the Mitchell- Brandon intersection and encounter other motorists speeding up Dunmore Place and turning left into narrow Brandon Place with no apparent aware- ness of the possibility of oncoming conflicting traffic. We therefore petition to have the following things done to minimize the safety problems: 1. Erect a STOP sign on Dunmore Place at its intersection with Brandon Place, and put a white line on the pavement for emphasis-, and , J 2. Erect a STOP sign. on Brandon Place at its intersection with Dun- more Place, similarly putting a white line on the pavement. We believe these procedures will, certainly slow traffic considerably and probably discourage through traffic. We trust that the city will make a serious attempt to enforce the etop regulation, and we on the streets will cooperate to the fullest extent. The STOP signs will certainly be a nuisance to all of us, but we are willing to accept the inconvenience for the sake of safety. Sincerely, Signed by 1.4 residents" Master Planning Join Johnson) 946 E. State Street, addressed the approach to master planning which the Planning & Development Committee might be reporting on that evening, probably dividing the task into topical areas such as neighborhoods, housing, economic development, parking, etc. Mr. Johnson commented that he has the following concerns with the approach: 1. It is essential that a Master Plan be done in an integrated way, taking into account the close interaction among all of the above areas. 2. A Master Plan should be driven by more than a collection of statistics; it should first be a plan that establishes goals and objectives for Ithaca and then define the steps to implement them. Data should be collected as an adjunct to and not a focus of the work. 3. The development of a Master Plan is a unique opportunity for a community to participate from the very beginning in the defini- tion of our goals and objectives. It needs maximum participa- tion from a community and its residents. Taxicab Service Alice L. Woo , 215 North Cayuga Street, presented a petition contain- ing 113 signatures which requests prompt action to meet Ithaca's urgent need for a reliable and affordable taxicab service. Mayor Gutenberger commented that he had received a letter from Ms. Wood, and also one from William E. Wendt, Pres., Board of Directors of Gadabout concerning taxicab service and he asked that some action be taken. Resolution By Al erperson Dennis: Seconded by Alderperson Haine RESOLVED, That the issue of taxicab service be referred to the Charter and Ordinance Committee for review. Carried Unanimously Short Meetings Mr. Jan Nigro, 603 N. Cayuga Street of. "Singing Telegrams" presented a song regarding short meetings to the Council, as follows: "Short meetings would be lovely, Short meetings would be wonderful, Short meetings should be priority! But things Wind up on We talk of We talk of Let's have Let's have -3- that should be discussed the floor of Council and revenue sharing 'til our the Youth Bureau as our. some short meetings! some short meetings! October 2, 1985 229 in committee, you see, so do we'. hair turns grey, youth fades away. . Please let's have short meetings round here! Long meetings are so draggy, Long meetings make us naggy, By the end we feel jet laggy, it's true! Would it be a sin to keep things brief? It took forever to hire a new fire chiefs These discussions of salaries are really infernal, That's what Alderman Holdsworth said to the Journal. . From the Collegetown project we're starting to wheeze, From Jason Fane and his check for 2S G's: Tonight's agenda is short, it's true, So why can't this meeting be short too? Don't want no long meeting! Don't want no long meeting! Don't; want no long meeting tonight"' 1_1 -1 Moratorium Dick Boot. , 110 Delaware Aveizue, addressed the Council., urging that the City start by early fall or winter to hold forums for getting ideas on the table. He suggested 1. in all areas we establish threshholds whereby projects of a certain size require a special permit in city government; 2. in all residential zones the city encourage seriously thinking about giving some advantages, encouragement to those rental landlords who occupy their rental properties; (aww� 3. hard thinking about requiring in all residential areas and for many commercial properties that a certain amount of green space be left on lots; 4. when doing this planning process in the East Hill neighborhood we need to create a written rationale for the boundaries that we draw; S. encourage that city government be held strictly accountable to the same rules that apply to the private sector under our zoning ordinance; and 6. that activity such as the situation on Linden Avenue also be a special permit activity. REPORT OF BOARD OF REPRESENTATIVES: Voters Lists Rep. Nichols reported that the Commissioner of Elections called to notify everybody that the new lists are ready to be picked up, and to advise the candidates for office to file the first report on Friday, October 4. 198S. 1986 Budget Rep. Nichols reported that the county is working on the budgets and (410ell all of the program committees are screening their various items. The city is obviously interested in many of these items. For example, that day money was approved for the space that EOC rents in GIAC. Money was also allocated for the programs in Ithaca Youth Bureau. They do not yet have revenue sharing recommendations, officially. They had them but the Human Services Coalition withdrew them because of an error. They should have them again within a day or two. Caswell Landfill Rep. Nichols reported that the Caswell Landfill will be closed on or before October 15th. The county is now negotiating with Landstrom 230 -q- October. 2, 198S to take all of the trash that the county collects for the remainder of this year. Landstrom is supposed to be seeking a permit to expand their operation. Meanwhile, the county needs to consider other options such as resource recovery and possibly building an incinerator. The city should be prepared for a request to build a transfer station inside the city limits. That is a real planning issue. Department of Social Services ty has been having several Rep. Nic ols reporte t at t e coun and the fact that many of one over the child support services a the workers have not wished to be on call in cases involving child abuse. They are having an additional meeting on that this week and seem to be reaching a compromise situation in which everything will work out all right and the rights of the children will be protected. The other issue is that services in the downtown area. COMMUNICATIONS FROM THE MAYOR: Letter::, from. Northside Civic Association Mayor uten erger presente t e ollowing letter from the Northside Civic Association.: "September 23, 1985 Dear Mayor Gutenberger: I am writing on behalf of the Northside Civic Association to express our concern regarding R3b zon.ing in the northside residential neighbor- hoods. Over the past few years the City, of Ithaca, Ithaca Neighborhood Housing; Services and members of the northside community have expended large amounts of energy and financial resources in improving our community. However, while we see numerous downtown houses rehabilitated and im- proved, we also see at the same time, single - family properties being rapidly turned into multi - family rental properties. With rental Sj properties there is rapid turnover in population, denser population and in general a destabilization. of neighborhoods. Therefore, we urge you and the Common Council to seriously consider in the near future, a down zoning from R3b to R2b so that northside's standards for residential housing can be similar to Fall Creek, South - side and other neighborhoods. Thank you so much for your assistance. Sincerely, Natalie DeCombray Pres., Northside Civic Assoc. cc: Andrea Lazarsky Common Council members" Resolution Seconded by Alderperson Killeen By Al erperson Cummings: RESOLVED, That the communication from the Northside Civic Association be referred to the Planning and Development Committee. Unanimously Retirement of Buildin Inspector Mayor Guten erger read the following memo: "October 2, 1985 Elmer K. Stickler served his last day today as Building inspector, after eighteen years of service with the City Building Department. Mr. Stickler's tenure covered most of the period in which major changes occurred in the City's downtown - including the urban renewal period when many old buildings were demolished, to be replaced by the -5- October 2, 1985 231 Rothschilds (now Iszards) building, Center Ithaca, Woolworths, Ramada, and additions to Citizen's Savings, Tompkins County Trust, and the First National (now Security Northstar) bank buildings, to name a few. Some contractors have said that Mr. Stickler could hear the- sound of hammering two or three blocks away, others claimed that he could hear the sound of a hammer on the backswing. Whether either is true I can- not say; but the fact is that Mr. Stickler has served the City well these past eighteen years." Resolution By Alderperson Cummings: Seconded by Alderperson Myers (4woel RESOLVED, That this Common Council goes on record as thanking Elmer Stickler for his loyal 18 years of service to the city and wish him the best of luck on his retirement. Carried Unanimously Press Release--Employment Maintenance Legislation Mayor Guten erger re erre to t e Press Release of t:lie previous Friday in which he requests the Common Council and. the Charter $ Ordinance Committee to delay any action on this to allow him to get business and labor leaders in the community together to discuss the matter and see 0') if other alternatives can be arrived at. Common Council, agreed to Mayor ,j Gutenberger's request: MAYOR'S APPOINTMENTS: Mayor Guten erger requested approval of the following appoint)-nents: Ithaca Landmarks Preservation Commission: Suzanne Lichtenstein, 420 Hook Place, for a term to expire Dece— mE—er 31, 1985 to complete the unexpired term of Rosemary Centini. Municipal Surgeon: Drs. John and Ann Costello, 217 N. Aurora Street, to complete the unexpired term of Dr. Lim which expires December 31, 1985. Ithaca Housing Authority Board: Morris Angell, 203 Ithaca Road, re- appointment for a 5 -year term which expires October 17, 1990. Design Review Board: William Sims, 813 Ridge Road, for a term to expire December X1987; and Ken Vineberg, 141 The Commons, to complete the unexpired term of Marvin Adelman which expires December 31, 1985. Resolution By Alderperson Killeen: Seconded by RESOLVED, That this Council approves Mayor Gutenberger. Alderperson Haine the appointments as requested by Carried Unanimously CITY CLERK'S REPORT: Consolidation of Polling Locations for Voter Registration By Alderperson Romanowski: Seconded by Alderperson Holdsworth RESOLVED, That the following locations be consolidated for voter regis- tration day, Saturday, October 12, 1985, 2:00 p.m. to 9:OO p.m. FIRST WARD: Districts 1, 2, 3, 4, and 5 (600,j SECOND WARD: Districts 1, 2, 3, 4, and 5 THIRD WARD: Districts 1, 2, and 3 #6 Fire Station 626 W. State Street Central Fire Station 310 W. Green Street Belle Sherman Annex Cornell Street 232 -6- October 21 1985 FOURTH WARD: Districts 1, 2, 3 FIFTH WARD: Districts 1, 2, 3, and. 4 Register By Alderperson Haine: RESOLVED, That the City ment of State that the subscription to the NYS October 31, 1986. H9 Fire Station 309 College Avenue Fall Creek School Corner King & Aurora Streets Carried Unanimously Seconded by Alderperson Peterson Clerk be directed to inform the NYS Depart - City of Ithaca, N.Y. wishes to receive a free Register for the period November 1, 1985 to Carried Unanimously CITY ATTORNEY'S REPORT: Conrail City. Atty. Stumbar reported that, pursuant: to the Council resolution of the September meeting, he wrote to the Commissioner of Transporta- tion, putting in a. complaint about Conrail trains going through the west end of the city during rush hours, but has received no response as yet. Noise Ordinance - Construction Alderperson Cummings rectuesteU that Atty. Stumbar review current legislation to determine if the City is required to comply with the same rules as the private sector. BUDGET AND ADMINISTRATION COMMITTEE: Sout si e Agreement By Alderperson Dennis: Seconded by Alderperson tIoldsworth WHEREAS, the City of Ithaca (hereinafter referred to as "City ") currently desires to preserve and maintain the city -owned building and premises located at 305 South Plain Street, Ithaca, New York (hereinafter referred to as "premises "); and WHEREAS, the Southside Community Center, Inc. (hereinafter referred to as SCC) is a Not - for - Profit corporation duly organized under the Laws of the State of New York operating programs designed to benefit the residents of an area of the City, which area is commonly known as "Southsid.e "; and WHEREAS, the City desires to grant premises in "as is" condition for now, therefore, be it SCC a revocable license to use the the operation of SCC's programs; RESOLVED, That the Common Council of the City of Ithaca hereby empowers the Mayor to sign an agreement between the City and SCC which agreement recites only the below- mentioned terms and conditions subject to the approval of the City's Corporate Counsel; and be it further RESOLVED, That the Mayor's authority to sign said agreement is con- tingent upon receipt by the City's Corporate Counsel of an agreement setting forth the below - mentioned terms and conditions and duly executed and acknowledged by SCC and accompanied by corporate resolut` Xwa) in proper form: 1. Stipulation that the City is the sole fee simple absolute owner in the premises; 2. City will grant to SCC a revocable license to use the premises in "as is" condition which license will be automatically renewable unless terminated upon thirty (30) days written notice by either party. (0 C I-..) C1. -7- October 2, 198s 23,E 3. City will provide utilities and maintenance of the premises during the period of the license on such terms as the City deems appropriate; 4. City will release up to but not exceeding Seventeen Thousand Two Hundred Dollars ($17,200) from its contingency account: for deposit: into the proper Department of Public Works (DPW) account for the DPW to perform the necessary and proper repairs and maintenance; S. Indemnification and hold harmless clause in favor of the City in acceptable form; 6. SCC will provide an insurance binder and maintain such insurance for liability protection and property damage naming the City as co- insured in an amount deemed satisfactory by the City's Corporate Counsel. 7. Agreement supersedes any and all agreements between the parties. 8. Any other terms deemed advisable by the City's Corporate Counsel. Discussion followed on the floor. City Atty. Stumbar asked for time to review the agreement iiiore thoroughly inasmuch as there is a deed rest:ri.ct:ion on t:he use of 1.110, building which is referred to in the :letter from the Sout:liside Board of Directors, dated October 2, 1985. Alderpersons Dennis and Holdsworth withdrew their resolution. Tabling Resolution By Alderperson Holdsworth: Seconded by Alderperson Killeen RESOLVED, That the matter of the Southside Agreement be tabled for further review by the city attorney. Ayes (6) - Hoffman, Killeen, Schlather Nays (4) - Peterson, Dennis, Haine, Holdsworth, Romanowski, Myers, Cummings Carried Budget Appropriation Transfer By erperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the City Controller be empowered to make transfers within the 1985 Budget Appropriations as may be needed, in accordance with Section 2.24 of the City Charter. Audit By Alderperson Dennis: Seconded RESOLVED, That the bills audited Administration Committee, in the on Audit Abstract 918/1985, be a Carried Unanimously by Alderperson Haine and approved by the Budget and total amount of $11,074.84, as listed pproved for payment. Carried Unanimously Ithaca Housing Authority Com arabilit By Al erperson Dennis: Seconded y Alderperson Killeen WHEREAS, according to Article 3, Section 32(1) of the New York State Public Housing Law, it is necessary for the local legislative body to approve the compensation of personnel in the local Housing Authority, as fixed by the local Housing Authority, and WHEREAS, this Common Council has received a resolution from the Ithaca Housing Authority establishing positions, comparability, salary ranges and salaries for its personnel; now, therefore, be it RESOLVED, That this Common Council approves the following positions, comparability, salary ranges and salaries as adopted by the Ithaca Housing Authority, for their fiscal year October 1, 1985, to September 30, 1986. 234 -8- October 25 1985 . Salary Position Comparability RanV_ $ -32, 07 - Sa.lar $37,720 Executive Director Director of Planning & Development/ 46,832 Controller Assistant Director. Deputy Director $23,032 - 325780 $26,940 Planning Department Principal Account City of Ithaca CSEA $11,986 - 175742 $18,340_ Clerk Senior Stenog- City of Ithaca CSEA $ 9,844 - 142572 $13,730 r apher Account Clerk s City of Ithaca CSEA Y $ 9,561 - l "4,152 $13,650` Typist /Site Manager Account Clerk- City f Ithaca CSEA y $ 8,387 - 12,412 � Typist Clerk City of Ithac °a CSEA $ 7;411 - 10,970 $ 7;710 Storekeeper Ci_ty of Ithaca CSEA $105-171 06 5 $12,600 1 Summer Camp city of Ithaca y (Seasonal) $ 4.00 - 6.00 /hour $ 55700 (Total) Director 4 Counselors Supervisor of School District CSEA $23,440 - $22,050 Maintenance Building Mainten- School District CSEA $21,240 $185930 ance Mechanic Building Mainten- School District CSEA $13,692 40 $195880 ance Mechanic Building Mainten- School District CSEA $13)692 240 - $17,780 ance Mechanic Maintenance Worker City of Ithaca CSEA $ 4.95 - 5.5 hour $ 5.78 Maintenance Worker City of Ithaca CSEA $ 4.5 9g /hour $ 5.36 Maintenance Worker City of Ithaca CSEA $ 5.99 $ 5.02 /hour Laborer City of Ithaca CSEA $ 4.60 - $ 5.02 5.38 /hour Laborer City of Ithaca CSEA $ 4.60 - $ 4.67 S.38 /hour Section 8 Planner III 13 780 - $ 20,376 Coordinator $17,080 Part -time Clerk City of Ithaca CSEA $ 7,411 - 10,970 $ 2,000 (12 mo.) Modernization Planner II $15,837 - 23,444 $19,260 Coordinator Carried Unanimously October 2, 198s23,5 Arson Action Grant Application By Alderperson Dennis: Secon ed by Alderperson Myers WHEREAS, the State Legislature has enacted Section 204 -C of the General Municipal. Law, requiring each County to prepare a plan for arson investigation, and ' WHEREAS, Grant Funds are available through the New York State Office of Fire Prevention and Control to assist localities in arson pre- vention and control activities; now, therefore, be it RESOLVED, That Mayor John C. Gutenberger be authorized and directed to sign such project agreement as may be required to secure such Grant Funds, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously Administrative Secretary_ By Alderperson Dennis: Seconded by Alderperson Haine RESOLVED, That Marie Corina be provisionally promoted to the position of Administrative Secretary in the Planning Department:, at an annual salary of $16,267, that being Step 10 of the 1985 Compensation Plan CC) for employees not covered by a Union, effective October 7, 1985; and ( 1 that the Civil Service Commission be requested to hold an exaifiination. for this position. Amending Resolution t'.L1 By Alderperson Cummings: Seconded by Al.der.person Haine <1 RESOLVED, That the salary figure be amended. to $16,592. Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (5) - Killeen, Haine, Dennis, Cummings, Myers Nays (5) - Peterson, Hoffman, Holdsworth, Romanowski, Schlather Mayor Gutenberger broke the tie by voting Aye. (two" Carried A vote on the main motion as amended resulted as follows: Ayes (5) - Killeen, Haine, Dennis, Cummings, Myers Nays (S) - Peterson, Hoffman, Holdsworth, Romanowski, Schlather Mayor Gutenberger broke the tie by voting Aye. Carried Youth Development Program Leader By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That Linda Sterk be provisionally appointed to the position of Youth Development Program Leader at G.I.A.C., with an annual salary of $11,74S, that being Step 1 of the 1985 C.S.E.A. Administrative Unit Compensation Plan, effective October 7, 1985; and that the Civil Service Commission be requested to hold an examination for this position Carried Unanimously G.I.A.C. Personnel Roster By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1985 Personnel Roster for G.I.A.C. be amended as follows: Add - 1 Youth Development Program Leader Position 1 Juvenile Justice Program Leader Position (400,01 Delete - 2 Educational Instructor Positions Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Youth Bureau Salary Adjustments By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1985 salaries of the following Youth Bureau employees be established, effective October 7, 1985: Daryl Austern Recreation Specialist Full Time $11,745 Elizabeth Vance Recreation Specialist Full Time 11,293 2 3(1) -10- October 2, 1985 Roger Keeney Recreation Specialist Part Time $ 6.453 6.453 Hr. Hr. Catherine Keske Recreation Specialist Part Time Time 6.453 Hr. Kelly McGowan Recreation Specialist Part Time 3 Recreation Speci.ali.stPart Hr. Angel. Montanez Carried Unanimously Youth Bureau Personnel Roster By Al erperson Dennis: Seconded by Alderperson Schlather be RESOLVED, That the 1985 Personnel Roster for the Youth Bureau amended as follows: Add m 3 Recreation Specialist Full Time Positions 4 Recreation Specialist Part Time Positions Delete - 3 Recreation Leader Full Time Positions 4 Recreation. Leader Part Time Positions Carried Unanimously Revenue Sharin Funds By Al erperson Dennis: Seconded by Alderperson. Killeen RESOLVED, That $4,827 be released from the Revenue Sharing Contingency Account to Tompkins County Task. Force for Battered Women previously approved in the 1985 Budget. Discussion. followed on the floor A vote on the resolution resulted as follows: Carried Unanimously Finance Department Salary Adjustments By Al erperson Dennis: Seconded by Al.derperson Killeen RESOLVED, That the 1985 salaries of the following Finance Department employees be established, effective October 7, 1985: Jean H ankinson Administrative Secretary $16,267 Hilda Hutson Senior Stenographer 193,040 Discussion followed on the floor. Amending Resolution By Al erperson Killeen: Seconded by Alderperson Myers RESOLVED, That the resolution be separated into two resolutions because the two employees are being considered for different reasons. Carried Unanimously Amending Resolution By Alderperson Schlather: Seconded by Alderperson Holdsworth RESOLVED, That the 1985 salary of Jean Hankinson, Administrative Secretary, Finance Department, be established at $16,592. Ayes (6) - Peterson, Hoffman, Dennis, Holdsworth, Romanowski, Schlather Nays (4) - Killeen, Haine, Cummings, Myers Carried A vote on the main motion as amended resulted as follows: Ayes (S) - Peterson, Dennis, Holdsworth, Romanowski, Schlather Nays (S) - Hoffman, Killeen, Haine, Cummings, Myers Mayor Gutenberger broke the tie by voting Aye. I--J Carried Resolution By Al erperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1985 salary of Hilda Hutson, Senior Stenographer, be established at $19,040. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Peterson, Hoffman, Killeen, Dennis, Holdsworth, Cummings, Romanowski, Schlather Nays (2) - Haine, Myers Carried L_Cy� -11- October. 2, 1985 237 Account Clerk By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That Ann Parke be contingent permanently appointed to the position of Account Clerk, in the Finance Department, at an annual salary of $11,035, that being Step 7 0j; the 1985 C.S.E.A. - Admini- strative Unit Compensation Plan, effective October 7, 1.985, Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Finance Department Equipment By Alderperson Dennis: Seconded by Alderperson Myers RESOLVED, That the 1985 Authorized Equipment List of the Finance Department be amended to include the purchase of: 1 Posture -back Chair $285.00 - 1 Computer Terminal 546.00 and be it further RESOLVED, That funding be provided within the Finance Depart.rnc:nf Budget, as follows: From A131S -110 A1.31S -120 To: A1315 -205 A1315 -210 Staff Salaries Hourly P/T Furniture & Fixtures Office Equipment $28 i.00 546.00 285.00 546.00 Carried Unanimously Deferred Compensation Program By Alderperson Dennis: Seconded by Alderperson Holdsworth WHEREAS, the City of Ithaca wishes to adopt a 457 Deferred Compensa- tion plan for its employees, as provided for in Section 457 of the Internal Revenue Code, and WHEREAS, the City of Ithaca is a local government employer and eligible to adopt such a plan, and WHEREAS, the purpose of the plan would be to encourage employees to make and continue their careers with the City of Ithaca by providing employees with a convenient and tax - favored method of saving on a regular and long -term basis and thereby provide for their retirements; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby authorizes the Personnel Administrator to send out Requests for Proposals for a qualified agent to provide such a plan to City of Ithaca employees, and be it further RESOLVED, That upon receipt of qualified proposals, a committee consisting of the City Controller, Personnel Administrator and Purchasing Agent, will review and analyze the proposals and make a recommendation to the Mayor and Budget and Administration Committee not later than October 31, 1985. Carried Unanimously (two", City Chamberlain Search Committee By Alderperson Dennis: Secon ed by Alderperson Schlather WHEREAS, the City of Ithaca's Charter and Code, Section 2.27, para- graph 2a, calls for the establishment of an ad hoc selection committee prior to the appointment of individuals to fill specific positions identified in this Section of the Charter, and WHEREAS, the position of City Chamberlain is one such position and will become vacant in November 1985, and WHEREAS, the Charter also calls for three members of the Common Council to be selected by the Council, to sit as voting members of the ad hoc selection committee; now, therefore, be it 2.3S -12- October 2, 198S RESOLVED, That the Common Council selects the following members of Council to sit on the ad hoc selection committee for the position of City Chamberlain: Alderman James Dennis Alderman Robert Holdsworth Alderman Sean Killeen Carried Unanimously Recess Common Council recessed at 9:00 P.M. and reconvened in Regular sessior at 9:10 p.m. CHARTER AND ORDINANCE COMMITTEE: Ithaca Commons_ "Operations Manual" By Al erperson Schlather Seconded by Nether o r n Hathe WHEREAS, there is some question as to whether or not the Ithaca City Common Council ever adopted the "Operations Manual" regulating the Ithaca Commons; now, therefore, be it- RESOLVED, That this Common Council does herewith adopt the "Operations Manual" as recommended by the Ithaca Commons Advisory Board and re- vised from time to time thereafter, the most recent revision being July, 1979. Carried Unanimously Ordinance Amending Ithaca Commons Permit Procedure By Al erperson Schlather: Seconded derperson Dennis ORDINANCE NO. 85 -13 AN ORDINANCE AMENDING CHAPTER 70 ENTITLED "ITHACA COMMONS PULES OF THE CITY OF ITHACA MUNICIPAL CODE," AND ARTICLE IV ENTITLED "ASSEMBLAGES, PARADES AND MOTORCADES IN PUBLIC PLACES" OF CHAPTER. 65 ENTITLED "PUBLIC SAFETY" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Amending Section 70.3 of Chapter 70 entitled "Ithaca Commons Rules." That Section 70.3(3) of the City of Ithaca Municipal Code is amended to read as follows: "3. 'The Operations Manual' shall mean that set of rules, regula- tions, guidelines, and /or procedures duly adopted as such by the Common Council relating to the Ithaca Commons, as amended from time to time by Common Council." Section 2. Amending Section 70.15 of the City of Ithaca Municipal Code to read as follows: 9 70.15 Advisory Board "The Ithaca Commons Advisory Board shall regulate all sales, dis- plays, and other organized activities on the Commons, in compliance with the Operations Manual." Section 3. Amending Section 65.41 of the City of Ithaca Municipal Code to read as follows: S 65.41 Definitions 1. "Parade" shall mean any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, except upon the Ithaca Commons, which does not comply with normal and usual traffic regulations or controls. 2. "Public Gathering or Assemblage" shall mean the holding of any meeting of persons at any location within the City, except upon -1� - October 2, 1985 the Ithaca Commons, in such numbers which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. A public gathering or assemblage of fifty (50) or more persons shall constitute a presumption that: such meeting will or can be expected to interfere with the use of public property by others. 3. "Motorcade" shall mean an organized procession containing fifteen (15) or more vehicles, except funeral processions, upon any public street, sidewalk or alley, except the Ithaca Commons. Section 4. This ordinance shall hake effect immediately and in (woo" 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 (Cl Resolution calling for Public Hearing on Zoning Amendment (Special_ Permits for Educational Uses in Residential—Zones) — �j J By Alderperson Sc lat er: Seconded y Al dc r :person Iiol dswort:h (T) BE IT RESOLVED, That Ordinance No. 85 -- enti.t.l.ed "An Ordinance if] Amending Section 30.25, Section 30.3, and Section 30. 26 of Chapter 30 entitled. 'Zoning' of the City of 1t.haca. Municipal Code" be and. it hereby is introduced before the Common Council. of the City of Ithaca, New York; and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Council Chambers, City Hall at No. 108 East Green Street in the City of Ithaca, New York, on Wednesday, the 6th day of November, 1985 at 7:30 o'clock p.m.; and be it further RESOLVED, That the City Clerk give notice of such public hearing (400'.1 by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing; and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordi- nance for their reports thereon. ORDINANCE NO. 85- AN ORDINANCE AMENDING SECTIONS 30.25, 30.3 and 30.26 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30.25. That S 30.2S, District Regulations Chart, is hereby amended as fo11014s: In Use District R -1, Column 2, revise Item 5 to read: 15. Library, fire station.' Revise Item 9 to read: 19. All school and related buildings.' In Use District R -3, Column 2, revise Item 9 to read: 19. Nursery school, child day care center.' Revise Item 13 to read: 113. Uses 7 -9 under R -1.' 240 -14- October 2, 1985 In Use District B - -1, Column 2, add Item 6 to read: 16. Public, parochial and private school.' SECTION 2. AMENDING SECTION 30.3(78). That Section 30.3(78) is hereby amended to read as follows: 178. 'School' shall mean a public, private or church - affiliated establishment for the education. at all levels of children and /or adults in subjects or skills.' SECTION 3. AMENDING SECTION 30.26(C)(2) SO AS TO RENUMBER THE EXISTING PARAGRAPH AS '(i)' AND ADD A FURTHER SUBDIVISION AS FOLLOWS: '(ii) In addition to the plan requirements set forth in sub- section i above an applicant or a s ecial ermit or a school or relate use must rovi e t e following in ormati.on: In orma- tion on the nature of t e ro ose uses to e conducted or acili- ties to e locate on the premises, inclu in ut not limite to courses o study ansfi ects to e of ere , size an composition of the student body to e accommo ate size of acuity an. s� t required, ailX. ours of operation and annual erio s of operation, and type and location of suppor.t facilities require information concerning the t e an number of living accommo ations w is may F—erequired to serve any increase in the institution's enrollment_ resulting rom t e propose action, �.ncl�ufc innng t --Te 3ocation anc�- ___ __ avai a iliiy– o�thoose accommodations; ocumentation o _ its e�Ta u- ati.on of suitable alternative s -or tie propose activity, together wit reasonin sup orting its re erence or the site or which a s ecial permit is snug t; et formation on the ica o r occupant loa , night radioactive agents e�xpected in connection wit t e propose activity. SECTION 4. AMENDING SECTION 30.26(C)(4) TO SUBDIVIDE THE FOLLOW- ING PARAGRAPHS INTO THE FOLLOWING SUBDIVISIONS AND TO ADD A NEW SUBDIVISION (iv) ALL AS FOLLOWS: (i) Neighborhood retail or service commercial facility in R -2 and R -3 districts: a. Same b . Same (ii) Towers or structures for the transmission or receipt of elec- tronic communications signals in connection with any commercial or business enterprise, in any zone: a. Same b. Same c. Same d. Same (iii) Towers or structures for use in the generation of electricity for use on the premises where such tower or structure is located, in any district: a. Same b . Same c. Same d. Same '(iv) Specific buildings in a ,Z -3. R -3a. R -3 standards ap 1 Residentia 5 -TT licable to a school and related Districts R-1, R -la, R -1 , R -2, R -2b -is- October 2, 7.985241 Notwithstanding the criteria set forth in Section 30.26(C)(3) above, which criteria shall not appl hereto, no s ecial permit shall be granted _X :the Board of Appeals unless flif nr oposed use or activity meets t e following regi rements: a. If the proposed use is the expansion of an educational use then applicant must show a need to expand into the residential area rather than into a less restrictive area. No special Permit shall be granted by the Board of A eals unless t e a��li:an can emonstrate teat: tt e-fi t: ye is no reasonable alternative to location or ex- pansion on the site proposed. b. The location and size of the use, the size of the site in relation to it, the operations in connection wit the use and the parkt n and traf.i.c relate to _T e o e . ra - tions shall not e suc as to create a si niicant hazard. to t e safety or_$eneral. welfare of the surroun ing area. ir) 'The Imposed use or operation sha1.7 not produce orb resent s�st:antial Tan er of. exce< sire noise r,oxi.ous odors l`►� noxious orb armful disci'ae, fire or en,)losion, radiation Ij c mical or toxic release, or other conditions ijl'urious f' „l) to the ealt or general welfare of- occupants of near y < properties. d.. The size and use of the facility, or the concentration with similar fac.i.1it:ies in the nei hborhooT, s all not be so substantially out of proportion to the c aract:er of the neighborhood as to jeopardize the continue use of zne`e ne g b ro hood for residential purposes.' (6000, SECTION S. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in 9 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Ca le Consultant Alder-person Cummings reported that Jean Rice came and met with a range of people involved with cable issues in town and with Planning and Development Committee. Credentials, resume, etc. are available in the Planning Department for those who didn't get a chance to meet with her to take a look at. She is an excellent qualified person who made the point to us that what we want to do in our franchise renewal process is not to begin with the ending question. Do not try to figure out what your patterns of ownership are, but determine first your needs. We need to be doing a consumer needs survey in the community, an investigation of the quality of the existing equipment. Then we need to be determining the methods of performance of the existing cable company and after all this, get into what we want the future shape of the company ownership patterns to look like. There is some interest in strongly considering this person as a cable consultant. If anybody wants to look at additional information, these are available in the Planning Department. Strategic Plan Alderperson Cummings reported that the Planning & Development Board have had the issue of the master planning procedure since its referral to them in February. The Board and Paul Mazzarella have been looking at procedures used in other communities and have been studying a range of ways to approach master planning - -on one end of the spectrum the traditional comprehensive plan done several years ago in which the end results are not a clearly defined action plan; at the other end strategic plans which deal with specific topics. The Board did come up with recom- mending a sort of amalgam of the two plans. 21 40 _16- October 2, 1985 Community input is a major component of this process. To that senod in August the Planning Board initial that there people sol %ci.ting rnput. T be money budgeted for a planning process. Their suggestion. was to do this as the city could afford iforntheaaayorlto one include money inatheng Committee`S recommendation. was budget, with further full council. discussion to be given to the issue. DoT /Slaterville Road By Al erperson Cummings: Seconded by Alderperson Romanowski WHEREAS, the New York State Department of Transportation has, January 15, few taken lands of the City of Ithaca under the of eminent domain for certain highway drainage improvements; the WHEREAS, the Superintendent oP1311i985 ,kacceptedsthetNewlYorkbState Board of Public Works, on March Department of Transportation9`o� sand twoA hundred �andetwenty fiveldollars taken, in the amount of one th ($1225); and WHEREAS, the amount of Advance Payment reflects a per -acre valuation of approximately $7500, which is reasonable for six parcels of land totaling 0.163 acres aggregate area; be it hereby RESOLVED, That the City of Ithaca accepts in Pull Settlement the amount of one thousand two hundred nd f�eredyby1NYSDoT dollars f.or C ity?ownedrlands amount is the Advance Payment taken along Slatervi]1e Road, as described in documents filed. with the New York State Department of State; and be it further RESOLVED That the Superintendent of Public works be, andeliverebythe is, authorized and directed to execute for the city State the papers necessary in this matter, on power and Discussion followed on the floor.. A vote on the resolution resulted as follows: Carried Unanimously HUMAN SERVICES COMMITTEE: Human Relations Training Program Alderperson Hoffman reporte t at the report on Phase I of the tl community police relations project the bity sogneedtedthathet than expected. The agreement organiza- tion stipulates that before the contractor proceeds to Phase II this he must have written commitment. from the city decide where we want point somebody, on behalf of the city, has to go with this matter. It will be taken up at the next Human Services Committee meeting and will be referred to the Budget Administration Committee if funding is recommended. Handicapped Access erson Hoffman reported that he had received the long-awaited Alderp ss from Carol C handicapped accehock, a consultant hired report is by the Planning Department. A report of this kind was reauuite aor city participation in the revenue sharing program. It is a comprehensive investigation of all city facilities to see if they are accessible and recommends suggestions received from the public hearing and over a period of time. The three -year program of im- provements she is suggesting be made totals $56,000, not $120,000. The additional $60+ thousand was in a fourth priority which she sug- gested was repairs that could be made if buildings were being extensively remodeled but are not items that need to be done in the foreseeable future. Half of that category was for an elevatoroto reach the second floor of the Southside Community Center, which could be addressed theecod floor. locating Cop s of the report �g a areas the first floor rather than should be available for all council members by next week. The only thing that needed to be revised was the priority expendit1rr8Sciart. A public meeting will be held at 1:00 p.m. on October 4, Council Chambers. Discussion followed on the floor. tD L "l�l City /Southside Communit By Alderperson Hoffman: WHEREAS, the City of It Street, otherwise known be used for recreation, community programs; and -17- October 2, 1985 24:3 Center Agreement Seconded by Alderperson Myers haca wishes that the building at 305 S. Plain as the Southside Community Center, continue to youth services and other neighborhood and WHEREAS, the Board of Directors of the Southside Community Center, Inc. (SCC) wishes to continue to offer such programs at the Southside Center; aijd WHEREAS, the current 1976 -86 agreement between the City of Ithaca and the SCC no longer accurately reflects the actual relationship between and responsibilities of the two parties; now, therefore, be it RESOLVED, That upon recommendation of the Human Services Committee, the Common Council offer a new contract to the SCC, based on the following assumptions: 1. Contract begins 1/1/86 and shall. be year-to-year, with automatic renewals, unless either party objects. 2. Funding cycle shall be annual (i.e., the City shall decide each year, during its regular budget process, the level. of financial support it will provide for the SCC), 3. The City shall continue to provide major maintenance for the building. SCC shall inform the City promptly of any major main- tenance needs. The Department of Public Works shall evaluate the building each year, and in conjunction with SCC shall prepare a budget request for repairs in the coming year, as well as a long - range renovation and maintenance plan. 4. The City shall maintain general liability and fire insurance on the building. S. The SCC shall continue to provide programs to the community. 6. The SCC shall submit an annual program plan and budget to the City, through the Human Services Coalition revenue sharing review process (or any other process so designated by the City). 7. If the SCC wishes to receive funding from the City, the SCC shall in addition make a request to the Mayor at the appropriate time during the budget process. 8. The SCC shall inform the Human Services Committee of Common Council of any major program changes that occur during the year. 9. The SCC shall maintain program and use liability insurance at least in the amount of $500,000, in a form satisfactory to the City Attorney. 10. The SCC shall pay utility costs associated with the building. 11. The SCC shall pay custodial and minor maintenance costs associated with the building, and shall keep the building clean and in good repair. and be it further RESOLVED, That in exchange for the community programming provided by the SCC, the City of Ithaca provide a grant to the SCC for 1986 that is based on the Board of Public Works' estimates for utilities (account A1625, line 410), maintenance (lines 475, 480, 481, 483) and custodial service (line 120, 115). If additional administrative costs due to this transfer of responsibility are identified, this amount shall be added to the grant. If any of the above lines reflect costs for major main- tenance, which will be borne by the City, that amount shall be subtracted from the grant; and be it further RESOLVED, That upon acceptance of this contract by the Board of Directors 244 -18 - October 2, 1985 of the SCC, the City shall release $17,000 placed in contingency during 1985 for repairs to the Southside Center building, and will direct the Department of Public Works to begin a series of major repairs and renovations including but not necessarily limited to: Exterior painting and repairs Replacement: of front door Replacement of worn carpeting and floor covering in day care area Replacement of room divider in day care area Repair of broken window sashes Needed repairs of roof, furnace, and plumbing systems Installation of security system and be it further RESOLVED, That a formal contract based upon the above premises be drafted by the City Attorney and presented for approval to the Budget and Administration Committee and the Common. Council, Tabling Resolution By Alderperson Holdsworth: Seconded by Alder.person. Dennis RESOLVED, That the City /Southsi.de Community Center Agreement be tabled. Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Letter from Congressman Matt McHug Mayor Gutenberger, Thys Van Cort Al erperson Dennis reported that e, and Alderperson Cummings had received a communication from Congressman McHugh in which he reported that; he had contacted FERC to find out about the Ithaca Falls Project. The response he received was that they are taking additional time and staff effort to determine which proposed project would be best adapted to develop the water resources. UNFINISHED AND MISCELLANEOUS BUSINESS: Resolution for Maintenance of Traffic Resolution to remove resolution from table By Al erperson Hoffman: Seconded by Al erperson Killeen RESOLVED, That the resolution of the City Council of the City of Ithaca to authorize NYSDoT to use Routes 79 and 13 within the City as a detour be removed from the table. Ayes (8) - Peterson, Hoffman, Killeen, Haine, Dennis, Cummings, Myers, Romanowski Nays (2) - Holdsworth, Schlather Carried Resolution WHEREAS, the New York State Department of Transportation proposes a project for the replacement of Bridge No. 1010690 and approaches carrying Route 13A (S.H. 1891) over Coy Glen Creek, PIN 3002.06 in the Town of Ithaca, Tompkins County; and WHEREAS, in conformance with Section 42 of the New York State High- way Law, the New York State Department of Transportation proposes to utilize the following roads and streets as detours during the period of construction: State Street (Route 79) - Floral Ave. to Meadow St. Meadow Street (Route 13) - State St. to South City Line and WHEREAS, the New York State Department of Transportation will provide the necessary signing for the detour; now, therefore, be it RESOLVED, That the City Council of the City of Ithaca does hereby authorize the New York State Department of Transportation to utilize the above - mentioned roads and streets as detours during the period of construction; and be it further C l.I -19- October 2, 1985 245 RESOLVED, That the City of Ithaca will continue to provide routine maintenance on these city roads; and be it further RESOLVED, That the clerk of the City Council is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (0) Nays (10) - Peterson, Hoffman, Killeen, Haine, Dennis, Holdsworth, Cummings, Myers, Romanowski, Schl.ather Motion Defeated West State Street Alderperson Cummings asked Supt. Dougherty to explain what: is being done to correct the road preparation mistake on West State Street where unwashed crushed stone was used, thus creating; a dust: problem (the W. State St. "Dodge City project ") . She reported that citizens have been calling in complaints about the dust:. Supt:. Dougherty responded that the city paid for washed stone, which wasn't what- it received and he is in the process of trying to get a credit: for the difference. ADJOURNMENT: On a motion the meeting adjourned at 7.0:7.0 p.m. k 6F, evvw,� J sepA A. Rundle, City Clerk hn C. Gutenberger, May