Loading...
HomeMy WebLinkAboutMN-CC-1985-11-06COMMON COUNCIL PROCEEDINGS 249 CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. November 6, 1985 PRESENT: Mayor - Gutenberger Alderpersons (8) - Dennis, Haine, Hoffman, Holdsworth, Killeen, Peterson, Romanowski, Schlather ABSENT: Alerpersons (2) - Cummings, Myers - Excused OTHERS PRESENT: City Controller - Spano Director, Youth Bureau -- Cutia Dep. Controller - Cafferillo Dep. Dir., Planning & Development - Mazzarella City Attorney - Stumbar Building Commissioner - Hoard Fire Chief - Olmstead Dir., Planning & Development - Van Cort C.D. Administrator - Goldwyn C.D. Staff - Evans O Personnel Administrator - Best -Shaw Dep. Fire Chief - Reeves T.C. Bd. of Representatives - Nichols L.I1 City Clerk Rundle PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Meeting of October 2, 1985 By Alderperson Schlather: Seconded by Alderperson Dennis RESOLVED, That the minutes of the meeting of October 2, 1985 be approved as published.. Carried Unanimously Meeting of October 18, 1985 By Alderperson Peterson: Seconded by Alderperson Haine RESOLVED, That the minutes of the meeting of October 18, 1985 be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearin - Proposed Changes to Zoning Ordinance Amending Chapter n ections 3U.Zb, 30.3 and 3.U.Z0 of the Cit of- Ithaca.Munici al Code (Special Permits for Educational Uses in Residential Zones). Resolution To Open Public Hearing By Alderperson Schlather: Secon ed by Alderperson Haine RESOLVED, That the Public Hearing to consider changes to Zoning Ordinance Amending Chapter 30 Sections 30.25, 30.3 and 30.26 be opened. Carried Unanimously The following persons spoke to the Council in opposition to the amendment: Robert Matyas, Vice President Cornell University *Thomas M. Santoro, Associate Counsel, Cornell University James W. Mayer, 416 Cayuga Heights Road (wife is owner of Mayer's School) Shirley K. Egan, Attorney, Cornell University Note: At the end of his presentation at the Public Hearing Mr. Santoro filed a Petition of Protest pursuant to General City Law Section 8.3 with the City Clerk which, if valid, would require a three - fourths vote of the entire Couuncil (8 members). Russell K. Osgood, 212 Fall Creek Drive, Professor, Cornell Law School, requested the Council to do something, after careful con- sideration, that will ensure that there is some ability on the part -2- November 6, 1985 of the City to ensure that an educational institution puts its property to a use that is compatible with the environment of the City. Matt Nall, Vice President, College Relations, Ithaca College, expressed interest in the wellbeing of the college, as well as that of the community. He said. he has not had the opportunity to review the details of the proposed measure whicli has the potential of impact on Ithaca College. Michael B. Stamm, Executive Director, Tompkins County Area Development Corporation, asked the Council to carefully consider the potential of negative impact the amendment might or would have on the area develop ment. Michael A. Tomlan, member of the Board of Zoning Appeals, thanked the people who put time and effort into constructing an ordinance which gives the Board of Zoning Appeals criteria on which to make a decision. Resolution To Close Public Hearing By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider changes to the Zoning Ordinance be closed. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and A ministration Committee Alderperson Dennis requested addition of Item 11, a resolution removing the Southside Agreement from the table. No Council person objected. Human Services Committee Alderperson Hoffman requested addition of Item C, a resolution removing the City /Southside Community Center Agreement from the table. No Council person objected. Rel)ort of Special Committees and Council Liaisons Alderperson Killeen requested the ad ition of two reports: Fire Master Planning Committee and Circle Greenw ay Committee. No Council person objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Project Growing Hope Joel Fredell, 312 Farm Street, and JoAnn Doremus, 409 N. Cayuga Street, Coordinator of Project Growing Hope, talked about the possible purchase of land from NYSEG for the project and the amenities referred to in a letter from Mayor Gutenberger dated March 1985. She,said the .land is undesirable without the amenities and want to be sure the city will honor its previous commitments. Incentives for Volunteer Firefighters Daniel L. Rhoads, 201 {V. Lincoln Street, First Lieutenant, Volunteer Company #1, spoke to the Council in support of the Incentives for Volunteer Firefighters. Zoning Ordinance William C. Bennett, President, T.C. Chamber of Commerce, spoke to the Council in opposition to the proposed amendment to the Zoning Ordinance as it would relate to educational facilities. COMMUNICATION FROM THE MAYOR: Proclamation By A erperson Schlather: Seconded by Alderperson Peterson WHEREAS, today young people are certainly one of our most cherished resources for the future of our City, County, State and Nation as well as the world at large, and WHEREAS, 1985 has been designated by the United Nation's General Assembly as international Youth Year, and -3- November 6, 1982151 WHEREAS, we in the City of Ithaca are proud of the numerous contribu- tions and accomplishments of our community youth who reflect our ideals and enhance our civic, social and cultural life by their active involve- ment in school and community activities, and WHEREAS, we also recognize, appreciate and endorse the dedicated efforts of parents, schools and community youth programs to encourage and support all young people, and Now, therefore, I, John Gutenberger, Mayor of the City of Ithaca do hereby proclaim the November 25 Tompkins County Conference on Youth Families as our community's official celebration of International Youth Year and do hereby pledge support of the conference and of the United Nation's goals of development, participation and peace. Carried Unanimously MAYOR'S APPOINTMENTS: Six Mile Cree Overseer Committee ()) Mayor Gutenberger requested approval of appointment of William Dress 716 Elm Street Ext., to replace Martin W. Sampson who resigned on (L� October 21, 1985. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Council approves the appointment of William Dress to the Six Mile Creek Overseer Committee to replace Martin W. Sampson who resigned. Carried Unanimously CITY ATTORNEY'S REPORT: Cornell Heights Zoning Case City Attorney Stumbar presented the following historical perspective on the case. He commented that he is happy that Cornell proposes cooperation in the matter as Prof. Osgood noted when he spoke. This is something quite new as far as the tone of Cornell is concerned. In the past Cornell has taken an absolutist view regarding the city's zoning restrictions and whether or not the city can in any way affect Cornell's expansion into the neighborhoods, particularly into the Cornell Heights neighborhood. The City has been willing to cooperate and set up a system for orderly discussion and expansion in this regard. In fact, before the whole appeal process started Atty. Stumbar had a meeting with Mr. Santoro and the attorney who is representing Cornell Heights concerning the litigation that is still pending. Both the Cornell Heights attorney and Atty. Stumbar suggested getting together and setting up a system, almost of contract zoning, whereby agreement the city and Cornell and the neighborhoods could put together criteria for expansion or moving into neighborhoods, but Cornell wasn't interested and the city and Cornell Heights attorneys were rebuffed. Atty. Stumbar said he is glad that Cornell is willing to talk about the system which was discussed approximately one and a half years ago. It perhaps would have saved the city the appeal. Because there was no interest by Cornell at that time the city did file the appeal in the Cornell Heights case and believe they won the case. Cornell thinks they won the case. They are trying to appeal their victory which seems a little inconsistent, but legal scholars will decide ultimately who won and who lost. There is litigation still pending which was brought by Cornell, not the city. The city only appealed what they thought was the adverse decision on the case that was brought on by Cornell. All through that litigation Cornell has taken an absolutist view, saying the city has no right to infringe on their expansion into whatever neighborhood and that they have an exemption from zoning requirements of the city. The city has thought otherwise and Atty. Stumbar thinks the Appellate Division agrees with the city in part and it was the Appellate Division who suggested that the Cornell situation should be handled under a special permit section that the city had for other types of zoning WHEREAS, the 1985 Tompkins County Conference on Youth & Families scheduled for November 2S, 1985 has been planned as a community effort (Woo., to celebrate schools and youth and community to actively engage young people, parents, organizations as partners in creating a vision for youth in Tompkins County; Now, therefore, I, John Gutenberger, Mayor of the City of Ithaca do hereby proclaim the November 25 Tompkins County Conference on Youth Families as our community's official celebration of International Youth Year and do hereby pledge support of the conference and of the United Nation's goals of development, participation and peace. Carried Unanimously MAYOR'S APPOINTMENTS: Six Mile Cree Overseer Committee ()) Mayor Gutenberger requested approval of appointment of William Dress 716 Elm Street Ext., to replace Martin W. Sampson who resigned on (L� October 21, 1985. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Council approves the appointment of William Dress to the Six Mile Creek Overseer Committee to replace Martin W. Sampson who resigned. Carried Unanimously CITY ATTORNEY'S REPORT: Cornell Heights Zoning Case City Attorney Stumbar presented the following historical perspective on the case. He commented that he is happy that Cornell proposes cooperation in the matter as Prof. Osgood noted when he spoke. This is something quite new as far as the tone of Cornell is concerned. In the past Cornell has taken an absolutist view regarding the city's zoning restrictions and whether or not the city can in any way affect Cornell's expansion into the neighborhoods, particularly into the Cornell Heights neighborhood. The City has been willing to cooperate and set up a system for orderly discussion and expansion in this regard. In fact, before the whole appeal process started Atty. Stumbar had a meeting with Mr. Santoro and the attorney who is representing Cornell Heights concerning the litigation that is still pending. Both the Cornell Heights attorney and Atty. Stumbar suggested getting together and setting up a system, almost of contract zoning, whereby agreement the city and Cornell and the neighborhoods could put together criteria for expansion or moving into neighborhoods, but Cornell wasn't interested and the city and Cornell Heights attorneys were rebuffed. Atty. Stumbar said he is glad that Cornell is willing to talk about the system which was discussed approximately one and a half years ago. It perhaps would have saved the city the appeal. Because there was no interest by Cornell at that time the city did file the appeal in the Cornell Heights case and believe they won the case. Cornell thinks they won the case. They are trying to appeal their victory which seems a little inconsistent, but legal scholars will decide ultimately who won and who lost. There is litigation still pending which was brought by Cornell, not the city. The city only appealed what they thought was the adverse decision on the case that was brought on by Cornell. All through that litigation Cornell has taken an absolutist view, saying the city has no right to infringe on their expansion into whatever neighborhood and that they have an exemption from zoning requirements of the city. The city has thought otherwise and Atty. Stumbar thinks the Appellate Division agrees with the city in part and it was the Appellate Division who suggested that the Cornell situation should be handled under a special permit section that the city had for other types of zoning 252 -4- November 6, 198S problems. When they suggested that, the city did not have a mechanism for putting educational expansion into a permit section. The whole process didn't exist at that time. Therefore, it was by the order of the Appellate Division that the city was compelled to set up a permit situation for educational use if it wants to have any control at all over continued expansion of educational functions. That is how we got where we are now. Cornell has been aware for months that the permit procedure had been referred to Charter and Ordinance Committee and the city was in the process of setting up such a system. There was no representative of Cornell at the Charter and Ordinance Committee meetings and there was no input. Discussion followed on the floor. Alderperson Holdsworth asked at what point the city is now. Atty. Stumbar responded that Cornell filed an appeal and a motion to dismiss that appeal was made by the Cornell Heights lawyer with Atty. Stumbar joining in that motion, and it was granted so Cornell's appeal was dismissed at that point. Then Cornell brought on a motion to appeal by permission to the Court of Appeals and that has been pending in the Court of Appeals for some time. As part of his answer on paper on that motion, so the process of permit would not come as a complete surprise to Cornell, Atty. Stumbar in- cluded in his papers that this was something that was pending, that it would be referred to the Charter and Ordinance Committee and that it was being discussed and would probably make the whole appeal moot because the city would probably have such a permit system by thertime the Court of Appeals decided to take the appeal. Cornell has known for several months that the permit procedure had been referred to Charter and Ordinance and the city was in the process of setting up such a system. Alderperson Holdsworth asked when the motion for permission to appeal was filed. Atty. Stumbar responded that it was filed about three Months ago. Alderperson Holdsworth asked if Cornell is willing to withdraw that motion pending discussion should the city decide to take that route. Atty. Stumbar said that they have not given any indication or response. Alderperson Schlather asked when the affadavit wherein Atty. Stumbar mentions it was going to committee was served on Cornell. Atty. Stumbar responded that it was served before it was actually in committee. There was no response or inquiry on Cornell's part as to what the committee is doing. Tonight was the first he had heard from Cornell in response to the legislation. Alderperson Schlather commented that the matter has been in the Charter and Ordinance Committee on August 22, September 12 „ September 23 and on the Council floor on October 2, 1985. Atty. Stumbar said he wrote a letter two weeks ago to University Counsel enclosing a copy of the proposed legislation, telling him there would be a hearing on the issue on November 6, 1985. A copy was sent to the Cornell Heights Attorney, REPORT OF BOARD OF REPRESENTATIVES: Rep. Nic ols informe t e Council of the following meeting schedule: 'It, On November 13, 1985 the Tompkins County Board of Representatives is having a public hearing on the old hospital. On November 14, the Board is scheduled to set the corners for the new jail. The. Board passed the bonding that day. On November 19, 1985 the hearing on the budget will be held and pre- sumably the 1986 budget will be passed after that. On November 25, 1985 a Conference on Youth will be held at Ithaca College which is sponsored by the County Youth Board. -S_ November 6, 19825` The Octopus Rep. Nichols quoted the Trumansburg Free Press as saying that people in the outlying towns are so "sick" of the season activity and endanger- ing their lives at the Octopus that they think they probably should be boycotting businesses. She commented that it does seem that now that Council is seriously deliberating the future of what to do with Rte. 96, correct information should be published. Council is not dawdling around on this; it is not Council's fault that the Octopus is there and she thinks some of these things should be made more generally known and perhaps remove some of the antagonism that people in sur- rounding villages feel who are extremely frustrated, when they write to the state saying they want alternative C, and the State replies that the city is going to choose. Mayor Gutenberger said the NYSDoT will be in town the night of November 19 for the next public presentation of the refinements of the three plans on the Octopus. HUMAN SERVICES COMMITTEE: Incentives for Volunteer Firefighters By Alderperson Hoffman: Secon e y Alderperson Haine (0 WHEREAS) the City of Ithaca has developed a fire department that utilizes both paid and volunteer firefighters, and l,f) WHEREAS, such a department permits substantial cost savings by the City and increases the available pool of firefighters, and �.,. WHEREAS, the need to recruit and maintain volunteer firefighters is especially acute, in light of a recent downward trend, and WHEREAS, a subcommittee of the Human Services Committee has studied the question of volunteer firefighter incentives and has prepared a report with recommendations for action; now, therefore, be it RESOLVED, That Common Council affirms its strong commitment to main- taining and strengthening the volunteer component of the City of Ithaca's fire department, and be it further RL'•SOLVED, That the recommendations of the Human Services Subcommittee on Volunteer Incentives are endorsed, and the Board of Fire Commis- sioners, the Fire Chief, and the Volunteer Companies are asked to implement said recommendations. Amending Resolution By Al erperson Dennis: Seconded by Alderperson Holdsworth RESOLVED, That the last RESOLVED of the resolution be deleted. Carried Unanimously Amending Resolution By Alderperson Sc lather: Seconded by Alderperson Peterson RESOLVED, That the last RESOLVED be amended to read as follows: RESOLVED, That the recommendations of the Human Services subcommittee on Volunteer Incentives are endorsed and the economic aspects of these recommendations are referred to the Budget and Administration Com- mittee for consideration in the 1986 Budget, and the Board of Fire Commissioners, the Fire Chief and the Volunteer Companies are asked to implement the non - economic aspects of these recommendations. Carried Unanimously A vote on the main motion as amended resulted as follows: Carried Unanimously Handicapped Accessibility Report Allerperson Hoffman report that the Human Services Committee has received and reviewed the September 1985 "Report on Accessibility of City Programs, Activities, Services, and Facilities to the Handi- capped," prepared for the City by Carol Chock. The Human Services Committee unanimously endorses the proposed schedule of expenditures for Priority 1 improvements in the Transition Plan. The recommended 1986 level of funding for these improvements is $23,226. The Committee suggests that an appropriate source for these funds would be the Revenue Sharing Program since the Transition Plan is linked to 25 4 -6- November 6, 1985 Revenue Sharing Proram requirements. The Committee also urges that the allocation of administrative costs ($3,871 - 200) be done in such a wav that overall coordination and supervision of the improvements is assured, and that they are implemented in a timely fashion. Mayor Gutenberger requested that Item C, a resolution removing the City /Southside Community Center Agreement from the table, be taken up under Old Business. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Sections 30.2-7), 30.3 and 30.26 of Chapter 30 Entitled "Zoning" of the City of Ithaca Municipal Code By Alderperson Schlather: Seconded by Alderperson Dennis ORDINANCE NO. 85 -14 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 30.25, District Regulations Chart, is hereby amended as follows: In Use District R -1, Column 2, revise Item 5 to read: 'S. 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: '9. Nursery school, child day care center.' Revise Item 13 to read: _ '13. Uses 7 -9 under R -1.' 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 subsection (i a ove, an applicant for a s ecial permit for a school or related use must provi e the following information: Information on the nature of the pro Dosed uses to e conducted or facilities t be located on III )remises, including but not limited to courses of stu y and su - jects to be offered, size and com osition of t e stu d e n t b o dy to b e accommo ate , size of faculty and staff re uire ail ours of operation an annual periods of operation) and type and location of support t acilities required; information concernin t he type ol n number of livi�ccommo ations w is may be required to serve any increase in the institution's enrollment resultin from the proposed action, including the location and availa ility of t ose accommodations; documentation of its evaluation of suitable alternative sites for the propose activity, toget er with reasoning supporting its preference for the site for which a special permit.is sought; detailed information on the occu ant j lit o eration, and use of c emical, iological or radioactive agents expected in connection with t e propose activity.' -7- SECTION 4. AMENDING SECTION 30 ING PARAGRAPHS INTO THE FOLLOWING SUBDIVISION (iv) ALL AS FOLLOWS: November 6, 1985 255 26(C)(4) TO SUBDIVIDE THE FOLLOW - SUBDIVISIONS AND TO ADD A NEW (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 t_1) (iii) Towers or structures for use in the generation of electricity �)) or use on the premises where such tower or structure is located, t- in any district: `-� a. Same b . Same c. Same d. Same '(iv) S ecific standards applicable to a school and related buildings (600" in all Residential Districts R -1, R -la, R -1 , R -2; - R -3, R -3a, R-3 b, R -U : Notwithstanding the criteria set forth in Section 30.26(C)(3) above, which criteria shall not apply hereto, no special Alm it be granted by the Board of Appeals unless the proposed use or activity meets the following requirements: a. If the proposed use is the expansion of an educational use then applicant must s ow a need to expand into the resi en- tial area rather than into a less restrictive area. No special permit shall be granted by the Board of Appeals unless the applicant can demonstrate that there is no reasonable alternative to location or ex ansi.on on t e site proposed. b. The location and size of the use the size of the site in relation to it, the operations in connection with the use and the arking and traffic related to the o erations shall not be suc as to create a significant hazard to the safety or general welfare of the stir-rounding area. C. The proposed use or operation shall not produce or present (600"', substantial danger of excessive noise, noxious odors, noxious or harmful discharge , f e fire or explosion, radiat ion, chemical or -toxic release, or or conditions injurious to the health or general welfare o occupants o near y properties. d. The size and use of the facility, or the concentration with similar facilities in the neighborhood, shall not beso su stantiall out of _27-0-Portion to the character ot t e neighborhood as to jeopardize the continued use of the neighborftood for residential purposes. 2561 -8- November 6, 1985 SECTION S. EFFECTIVE DATE. This ordinance shall take effect immediately and with law upon publication of a notice as provided the Ithaca City Charter. Discussion followed on the floor. in accordance in 9 3.11(B) of City Attorney Stumbar commented that Cornell University filed a protest at the beginning of the meeting which he doesn't believe is valid; however, a vote on the ordinance requires a three- fourths vote of the entire Council (8 members) if it proves to be valid. Mayor Guten.berger recommended tabling the amendment for a month. A vote on the resolution resulted as follows: Carried Unanimously Recess TFeCouncil recessed at 9:30 p.m. and reconvened in regular session at 9:45 p.m. Amendment to Municipal Code (Handicapped Grievance Procedure By Al erperson Sc lat er: Seconded by Al erperson Hoffman ORDINANCE NO. 85 -15 AN ORDINANCE ADDING CHAPTER 4 ENTITLED "HANDICAPPED ACCESSIBILITY" TO 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 ,a new Chapter to be known and designated as Chapter 4 entitled "Handicapped Accessibility" is hereby added to the City of Ithaca Municipal Code to read as follows: "CHAPTER 4 HANDICAPPED ACCESSIBILITY g 4.1 Purpose The purpose of this ordinance is to ensure that the City of Ithaca does not discriminate against the physically handicapped in its pro- vision of access to public facilities or public meetings, in employ- ment opportunities, or in provision of services, programs and benefits, and to ensure that a formal grievance procedure exists for anyone who believes that such discrimination has occurred. S 4.2 Definitions A. A facility with "barrier -free access" can be entered and used by a person in a wheelchair, without assistance from another person. This term is further defined in subdivision five of section 50 of Public Buildings Law of New York State. B. "Discrimination" means any act or attempted the unequal treatment or separation or segregation or denies, prevents, limits or otherwise adversely vidual's benefit to and enjoyment of the services, ment opportunities, and public facilities provided Ithaca. act that results in of an individual, affects that indi- programs, employ - by the City of C. "Physically handicapped" means: 1. impairment requiring confinement to a wheelchair; or 2. impairment causing difficulty or insecurity in walking or climb -_ ing stairs or requiring the use of braces, crutches or other artificial supports; or impairment caused by amputation, arthritis, spastic condi- tion or pulmonary, cardiac or other ills rendering the individual semi - ambulatory; or I�R_ (D 0-) 0 ) rcl <f -9- November 6, 258;s 3. total or partial impairment o or likelihood of exposure to danger f hearing or sight causing insecurity in public places; or 4. impairment due to conditions of aging and incoordination. D. "Public facility or building" operated by the City of Ithaca, but rented or leased to others. means any facility or building shall not include any facility E. "Public meeting" means the official convening of a public body for the purpose of conducting public business. F. "Public body" means any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for a public corporation as defined in section sixty -six of the New York State General Const;-v,:�- tion Law, or committees or subcommittee or other similar body of such public body. S 4.3 Public Meetings Any public body meeting within the City of Ithaca shall make or cause to be made all reasonable efforts to ensure that its public meetings are conducted in facilities that permit barrier -free access to the physically handicapped. 8 4.4 Public Buildings All public buildings within the City of Ithaca that are likely to be used by physically handicapped persons shall have at least one entrance and exit which provide barrier -free access for those confined to a wheelchair. There shall be barrier -free access to all floors of a public building where programs or services are offered to the public. If a public building is likely to be used by the physically handicapped for any extended period of time, such as for a meeting, then said building shall include barrier -free restroom facilities for those con- fined to a wheelchair.` 9 4.S Provision of Services, Programs and Benefits To the extent that it is reasonable programs and benefits provided by or of Ithaca shall be equally available handicapped. and practical, all public services, financially supported by the City and accessible to the physically S 4.6 Opportunities for Employment and to Provide Contractual Services In providing the opportunity to apply for municipal employment or to bid upon a municipal contract, the City of Ithaca shall not discrimi- nate on the basis of physical handicap. Employment examinations and interviews shall be scheduled for locations with barrier -free access. S 4.7 Obligation of City Contractors The City of Ithaca shall require a contract with the City of Ithaca against any employee, applicant for of materials or services or program disability or handicap. that any individual who enters into shall agree not to discriminate employment, subcontractor, supplier participant on the basis of physical S 4.8 Designation of Handicapped Access Coordinator The Mayor shall appoint a City employee to be Handicapped Access Co- ordinator for the City of Ithaca. The Coordinator shall help coordinate and facilitate City efforts to improve handicapped access, shall receive complaints from aggrieved persons, and shall make every effort to ensure prompt and equitable resolution of complaints. The Handicapped Access Coordinator shall serve until a new appointment is made. If the person designated as Handicapped Access Coordinator leaves City employment, the Mayor shall name a replacement as soon as possible. S 4.9 Grievance Procedure T e following grievance procedure is established to provide the City 258 -10- November, 6, 1985 with a formal process for rospondin,, to complaints alleging disct•imina- tion, on the basis of physical handicap, in the City's employment practices, provision of programs, services or benefits, or in provision of equal access to public facilities and public meetings. A. The Grievance should be in written form and contain as much in- formation as possible about the alleged discrimination, including complainant's name, address, phone number, and location and description of problem. It should be submitted by the complainant and /or his or her designee within 35 calendar days of the alleged violation to: The Handicapped Access Coordinator, Cit\- Hall, 108 East Green Street, Itha� N.Y. 14850. Complainant may submit any information she or lie deems relevant, including statements from witnesses or other concerned parti`` Other arrangements for submission of a grievance such as a personal interview or tape recording will be made available for the visually - impaired or those with motor impairments, upon request to the Program Coordinator. B. The Handicapped Access Coordinator shall acknowledge receipt of a complaint within S working days, copying the Chairperson of the Human Services Committee of Common Council and the City department in- volved. The Handicapped Access Coordinator may at this time request that additional information be supplied by the complainant within 10 working days of request. The City department and /or individual involved shall be given the right to respond to said grievance within 5 working days of notification. C. Within 20 working days of receipt of the complaint, or of any additional requested information, the Handicapped Access Coordinator will respond in writing (and verbally, if requested) to the complainant and /or his or her designee, copying the Chairperson of the Human Services Committee and the City Department involved. The response will offer a resolution, explain the position of the City of Ithaca with respect to the complaint, or notify- the complainant of actions taken to resolve the complaint. "I.-J D. Grievance shalV�-be presumed resolved unless complainant, in writing and within 10 working days of receipt of response, appeals to the Human Services Committee of Common Council in care of the Chair- person, City Hall, 108 East Green Street, Ithaca, N.Y. 14850, copying the Handicapped Access Coordinator and the City department involved. In addition to the written appeal, a hearing may be requested at which the complainant may appear personally, or through a designated indi- vidual and /or bring an advocate. The appeal, including a hearing, if requested, will be considered at the next scheduled meeting of the Human Services Committee or within 3S calendar days of receipt of the request -- whichever is sooner. The City department and /or individual involved shall be given the right to respond to the grievance during the appeal. E. The Human Services Committee shall notify the complainant and /or his or her designee, of the final resolution within 35 calendar days of the meeting or hearing. Notification shall be in writing (and verbally, if requested), with copies to the Handicapped Access Coordinator and to the City depart- ment involved. F. If the program coordinator determines that, because of time constraints, the complainant will be effectively denied redress under the normal procedures even if successful, (e.g., the program will be over, or the job will be filled, before a hearing and determination can be accommodated under the above schedule) then Steps (above) may be bypassed, and the Program Coordinator may request the Chairperson of the Human Services Committee to convene a special meeting of the Committee to hear the grievance and provide a final determination in a timely manner. The Program Coordinator, the com- plainant and /or the complainant's designated representative, and the City Department Head or individual involved shall be invited. The Human Services Committee shall notify the complainant and /or his or her designee of the final resolution within 5 days of the hearing. Notification shall be in writing (and verbally, if requested) with copies to the Program Coordinator and to the City Department involved. -11- November 6, 198 -259 G. Complaint shall be presumed resolved unless complainant initiates litigation pursuant to Section SO4 of the Rehabilitation Act of 1983 or other applicable Federal agency rules. In addition to the above, the complainant may also appeal to the Tompkins County Human Rights Commission. All complaints received by the Handicapped Access Coordinator, and responses from the City of Ithaca or Human Services Committee will be kept by the City of Ithaca for a period of three years. These documents may be requested by the Office of Revenue Sharing should an investigation into alleged discrimination on the basis of handicapped status be initiated." Section 2. 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. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously f� BUDGET AND ADMINISTRATION COMMITTEE: rX� Youth Bureau Application to New York State 0) By Alderperson Dennis: Seconded by Alderperson Schlather i1_1 Youth Bureau Application to New York State By Alderperson Dennis: Seconded y Alderperson Schlather WHEREAS, the City of Ithaca is about to submit an application for continuation of the Youth Bureau project to the New York State Division for Youth for its approval, and, if approved, to apply subsequently to the State of New York for partial reimbursement of funds expended on said project, as provided by Chapter SS6 of the Laws of 1945, as amended; now, therefore, be it RESOLVED, That such application is in all respects approved, and John C. Gutenberger, Mayor, is hereby directed and authorized to duly execute and submit said application to the New York State Division for Youth for its approval, and be it further RESOLVED, That this resolution shall take effect January 1, 1986. Carried Unanimously Audit By Alderperson Dennis: Seconded RESOLVED, That the bills audited stration Committee, in the total Audit Abstract #20/1985, be appr by Alderperson Peterson and approved by the Budget and Admini amount of $34,164.73, as listed on oved for payment. Carried Unanimously Revenue Sharing Proposed Use Hearing By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the City Clerk be authorized and directed to advertise for a Public Bearing on the proposed use of Federal Revenue Sharing Funds in the 1986 Budget, to be held by the Budget and Administration Committee on Monday, December 2, 1985, at Central Fire Station, 310 West Green Street, Ithaca, New York. Carried Unanimously Revenue Sharing Budget Hearing By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the City Clerk be authorized and directed to advertise (Woo" for a Public I-fearing on the use of Revenue Sharing Funds as they relate to the total 1986 Budget, to be held by the Common Council on Wednesday, December 4, 1985, at 7:30 p.m., in the Common Council Chambers, 108 East Green Street, Ithaca, New York. Carried Unanimously Finance Department Personnel Roster By Alderperson Dennis: Secon_e y Alderperson Schlather RESOLVED, That the 1985 Personnel Roster of the Finance Department be amended as follows: Add - 1 Office Manager position Delete - 1 Deputy Chamberlain position 260 -12- November 6, 1985 Discu Sion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Office Manager Appointment By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That Joyce Day receive a contingent promotion appointment to the position of Officc Manager in the Finance Department, effective November 11, 1985, at an annual salary of $18,865, and that the Civil Service Commission be requested to hold an examination for this positic Carried Unanimously . J Youth Bureau Facility Capital Project By Alderperson Dennis: Seconded y Alderperson Killeen WHEREAS, this Common Council, on February 6, 1985, authorized the establishment of a Capital Project, known as "Youth Bureau Facility Construction," Project No. 203, in the amount of $779,000, consisting of the following: Design and Specifications $ 59,000 Relocation of Inlet Road 10,000 Construction and Site Improvements 710,000 and WHEREAS, bids for construction in the total amount of $1,403,674 have been received and approved by the Board of Public Works, on October 23, 1985, and WHEREAS, the Budget and Administration Committee has reviewed the Board of Public Works recommendations and deleted $32,800 from the General Construction Bid by removing Alternate 9 - Entrance Canopy, and adding $68,500 for_ Contingency, thereby bringing total authoriza- tion for this project to $1,508,374, requiring a need for an addi- tional $729,374; now, therefore, be it RESOLVED, That this Common Council authorizes the additional $729,374 to be financed as follows: From: A1990 Contingency $ 36,500 Capital Project #204 22,000 Bond Anticipation Note .670,874 $7291,374 Amending Resolution By Alderperson Hol sworth: Seconded by Alderperson Killeen RESOLVED, That all alternates be removed from successful bidders except alternates nos. 6 and 7 under the general contractor, bringing total authorization to $1,415,847. Discussion followed on the floor. A vote on the amendment resulted as follows: Carried Unanimously Main Motion as Amended WHEREAS, t is Common Council, on February 6, 1985, authorized the establishment of a Capital Project, known as "Youth Bureau Facility Construction," Project No. 203, in the amount of $779,000, consisting of the following: Design and Specifications $ 59,000 Relocation of Inlet Road 10,000 Construction and Site Improvements 710,000 $77931000 and 19� rc i /L -13- November 6, 198 5 WHEREAS, bids for construction in the total amount of $1,403,674 have been received and approved by the Board of Public Works, on October 23, 1985, and WHEREAS, the Budget and Administration Committee has reviewed the Board of Public Works recommendations and deleted $32,800 from the General Construction Bid by removing Alternate 9 - Entrance Canopy, and adding $68,500 for Contingency, thereby bringing total authorization for this project to $1,415, 847, requiring a need for an additional $636, 847; now, therefore, be it RESOLVED, That this Common Council authorizes the additional $636,847 to be financed as follows: From: A1990 Contingency $ 31,847 Capital Project #204 22,000 WHEREAS, it is generally recognized that many needs and conditions of the City of Ithaca have significantly changed since 1971, and that the Master Plan should reflect these changes, and WHEREAS, the Planning and Development Committee requested that the (Wwl Planning Board investigate the need for updating the Master Plan and make recommendations concerning the best method to update the Plan, and WHEREAS, the Planning Board has submitted a report which recommends that the plan be updated through a planning process known as Strategic Planning, and WHEREAS, the Mayor has included $35,000 in his recommended budget for the purpose of updating the Master Plan; now, therefore, be it RESOLVED, That Common Council hereby recognizes the need to update the City's Master Plan and endorses the concept of Strategic Planning to accomplish this update. Discussion followed on the floor. At Alderperson Schlather's request, Dep. Planner Mazzarella explained to the Council what Strategic Planning is and how it differs from the Master Plan. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Holdsworth RESOLVED, That the last WHEREAS be struck from the resolution. Carried Unanimously Further discussion followed. A vote on the main motion as amended resulted as follows: Carried Unanimously NYSEG Land Purchase Offer By Alderperson Killeen: Seconded by Alderperson Haine WHEREAS, the Common Council at its September 1985 meeting authorized the purchase of certain land owned by the New York State Electric and Gas Corporation, contingent upon the City of Ithaca's receipt of partial project funding through the Appalachian Regional Commission, and Bond Anticipation Note S83,000 36,, 847 �.} A vote on the main motion as amended resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Master Strategic Plan <[ By Alderperson Killeen: Seconded by Alderperson Haine WHEREAS, the Master Plan for the City of Ithaca was adopted in 7.971 and has not been amended since its adoption, and WHEREAS, it is generally recognized that many needs and conditions of the City of Ithaca have significantly changed since 1971, and that the Master Plan should reflect these changes, and WHEREAS, the Planning and Development Committee requested that the (Wwl Planning Board investigate the need for updating the Master Plan and make recommendations concerning the best method to update the Plan, and WHEREAS, the Planning Board has submitted a report which recommends that the plan be updated through a planning process known as Strategic Planning, and WHEREAS, the Mayor has included $35,000 in his recommended budget for the purpose of updating the Master Plan; now, therefore, be it RESOLVED, That Common Council hereby recognizes the need to update the City's Master Plan and endorses the concept of Strategic Planning to accomplish this update. Discussion followed on the floor. At Alderperson Schlather's request, Dep. Planner Mazzarella explained to the Council what Strategic Planning is and how it differs from the Master Plan. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Holdsworth RESOLVED, That the last WHEREAS be struck from the resolution. Carried Unanimously Further discussion followed. A vote on the main motion as amended resulted as follows: Carried Unanimously NYSEG Land Purchase Offer By Alderperson Killeen: Seconded by Alderperson Haine WHEREAS, the Common Council at its September 1985 meeting authorized the purchase of certain land owned by the New York State Electric and Gas Corporation, contingent upon the City of Ithaca's receipt of partial project funding through the Appalachian Regional Commission, and -14- November 6, 1985 WHEREAS, the New York State Electric and Gas Corporation has requested that the City of Ithaca remove the above stated contingency, and WHEREAS, the removal of the con rtingency reflects the City of Ithaca's intentions regarding the property, enhances the City's application to the Appalachian Regional Commission, and will serve to secure the employment retention and creation goals of the City's development plan, and WHEREAS, the revised purchase offer proposal has been endorsed by the Ithaca Urban Renewal Agency /Community Development Agency, and the Planning and Development Board; now, therefore, be it RESOLVED, That the Mayor be and hereby is authorized and directed to execute a-revised purchase offer to New York State Electric and Gas Corporation with no contingency regarding Appalachian Regional Commis- sion funding upon the advice of Corporate Counsel and the Director of Planning and Development, with a closing to be scheduled in 1986 at a time mutually agreed upon between the buyer and the seller following Public Service Commission approval of the sale. Discussion followed on the floor. Alderperson Holdsworth asked what the total cost of the land would be and was told by Glenn Goldwyn that it would cost $186,000. Mr. Holdsworth asked what fund this would come out of and was told that $35,000 would come from General Revenue, $127,000 from CD funds which has been approved by HUD, and $24,000 from UDAG interest which is now in the bank. Mr. Holdsworth asked if we can expend those monies for this project currently without amendment to any federal application. The response was "yes, we have HUD's permission to do it. Mr. Goldwyn said the city has a pre - application to A palachian Regional Commission which proposes that we will add 150,000 of ARC funding to the project and as a result of thit will go ahead and buil� a road into the site and extend sewer and water lines into the site, and the landscaping and topsoil for the gardens (the amenities that were referred to in the package) for which the Community Gardens have $42,000. Two acres of land are to be dedicated to the Community Gardens. Under the ARC format, as approved by the Council in September, rovided the ARC comes through with the funding, we would be committing 249,000 of city funds to accomplish the infrastructure. The figure would become the basis for the lease of six sites within the project. If the ARC funding doesn't come through, the purchase offer with no contingency would take effect. We would still buy the site; we would not be obligated to any of the additional infrastructure at that time. At some time in the future the city would clearly choose to extend the infrastructure in order to make use of those interior industrial sites, but the extent of the city's expenditure commitment under this purchase offer if the ARC money doesn't come through, is $35,000. Discussion continued on the floor. Amending Resolution By Alderperson Holdsworth: Seconded by Alderperson Dennis RESOLVED, That the following be added: "and be it further RESOLVED, That no money shall be expended in any manner whatsoever without re -. ceipt of 1000 of the ARC funding, and approval of Common Council, beyond acquisition of the land for $186,000." Carried Unanimously A copy of the letter of March 28, 1985 from Mayor Gutenberger to Eileen Erickson, Coordinator, PROJECT GROWING HOPE, INC. is attached hereto but not incorporated herewith. A vote on the main motion as amended resulted as follows: Ayes (6) - Killeen, Haine, Dennis, Nays (2) - Hoffman, Peterson Absent (2) - Cummings, Myers Holdsworth, Romanowski, Schlather Carried -is- November 6, 1985. Control of Trailers and Containers By Al de Killeen: Secon e by Alderperson Haine WHEREAS, several businesses in the City of Ithaca are using trailers and cargo containers as permanent or semi - permanent buildings, and WHEREAS, under existing law these structures are not regulated as a similarly -sized conventional building would be, and WHEREAS, their unregulated proliferation constitutes an unsightly and uncontrolled addition to the local landscape; now, therefore, be it RESOLVED, That the matter of drafting legislation to control trailers and cargo containers be referred to the Charter and Ordinance Committee of Common Council for their consideration and further action. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Lower South Hill Rezoning - Introducing Proposed Changes to the Zonin Ordinance and Provii ing for Public Notice and Hearin ~� By Alderperson Killeen: Seconded by Alderperson Dennis WHEREAS, The City of Ithaca has established a process of land use planning and zoning to guide and regulate the use and development of property, and WHEREAS, the Board of Planning and Development recognized that the lower south hill neighborhood, which is composed predominantly of single and two family residences has undergone considerable pressure for conversion to multiple housing, and WHEREAS, the Planning Department has studied the 100 -200 blocks of Prospect, 200 -300 blocks of South Aurora, 200 -300 blocks of Pleasant, and 100 -200 blocks of Hudson Streets and has= determined that the (600" existing R -3 zoning district may not be appropriate, and WHEREAS, the Planning and Development Committee has heard the concerns of the neighborhood to seek stabilization of their area; now, therefore, be it RESOLVED, That Ordinance No. 85- , entitled, "An Ordinance Amending the Official Zoning Map and Section 30.25 of Chapter 30 of the City of Ithaca Municipal Code," is hereby 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 at the Council Chambers, City Hall, 108 East Green Street in the City of Ithaca, New York on Wednesday, the fourth day of December, 1985, at 7:30 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by 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 hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Planning and Development Board of the City of Ithaca and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 8S- AN ORDINANCE AMENDING THE ZONING MAP AND SECTION 30.25 OF CHAPTER 30 OF THE CITY OF ITIIACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Tthaca, New York, as follows: -16- November 6, 1985 SECTION 1. AMENDING THE OFFICIAL ZONING MAP "l. That the "Official Zoning Map of the City of Ithaca, New York," as last amended, is hereby amended and changed so that the following described area presently located in the R -3b and R -3a zoning district is reclassified and changed to the R -2a zoning district: All that tract or parcel of land bounded on the north and west by the southern boundary of the right -of -way of 1-Judson Street; on the east by the western boundary of the right -of -way of Hudson Street; on the south by the northern boundary of the right -of -way of Prospect Street; on the west by the eastern boundary of the right -of -way of South Aurora Street, said tract containing all of tax assessment parcels 81 -4 -1 through 81 -4 -3 inclusive, and 82 -1 -1 through 82 -1 -10 inclusive, as shown on the current tax assessment maps and rolls of the County of Tompkins, and All that tract or parcel of land bounded on the north and west by the southern boundary of the right -of -way of Prospect Street, on the east by the western boundary of the right -or -way of South Aurora Street, on the south by the northern boundary of the right -of -way of Pleasant Street, and on the west by the eastern boundary of the right- or-way of Turner Place as it intersects with Spencer Street, said tract containing all of tax assessment: parcels 81 -8 -1 through 81 -8 -18 inclusive, and All that tract or parcel of land bounded on the north by the southern boundary of the right -of -way of Prospect Street on the east by the western boundary of the right -of -way of Hudson Street, on the south by the northern boundary of the right -of -way of Pleasant Street and on the west by the eastern boundary of the right -of -way of South Aurora Street, said tract to include all of the tax assessment parcels 81 -5 -1 through 81 -5 -7 inclusive, and 82 -2 -1 through 82 -2 -18 inclusive." 2. That in accordance herewith, the City nerk is hereby directed to make or cause to be made the necessary changes on said zoning map. SECTION 2. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Carried Unanimously Stewart Park Al erperson Killeen reported that a series of design firms have been visiting the city and making presentations in su port of the city's application to NYSCA which ultimately may yield 25,000 to do design work on the Stewart Park renovation scheme that we spent considerable time with last year. Recycling Task Force Alderperson Killeen reported that the Task Force made a presentation which was pretty well recorded in the newspaper to the Planning and Development Committee some weeks ago. There is every indication that continuation requests will be appearing in the budget hearings of the Budget and Administration Committee. Clinton Hall Alderperson Killeen newspaper also, and Mayor particularly, rescued by Mr. Cias track record. commented that this item was dealt with in the is an excellent example of city government, the brokering a situation that has been effectively chi, a well- known preservationist who has a good REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: nnouncement o . Fleeting Alderperson Killeen announced that the City -Town Fire Master Planning Committee which was scheduled. to meet on November 19, 1985 have re- scheduled their meeting. It will be held on December 3, 1985; specific details will come on that. fie invited the Human Services Committee to join in the meeting. -1 November 6, 198265 Circle Greenwav Alderperson Killeen reported that a distinguished Central New York organization, concerned with Nature Conservancy, gave their annual award "Friend of the Land" to two Ithacans: to Elizabeth Mulholland, Chair of Circle Greenway, for her long -term service to local environ- mental concerns; and to Prof. Rich Fischer for his career effort with Nature. OLD BUSINESS: Sout side Community Center Agreement Alderpersons Dennis and Hoffman decided to delay action on the agree- ment until the next Budget and Admir:istration Committee meeting. ADJOURNMENT: On a motion the meeting adjourned at 11:30 p.m. bseth A. Rundle, City Clerk hn C. Gutenberge ,, Mayor J 616q-