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HomeMy WebLinkAboutMN-CC-1986-05-07cc, Iz -. COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 36;) Regular Meeting 7:30 P.M. May 7, 1986 PRESENT: Mayor - Gutenberger Alderpersons - Booth, Cummings, Dennis, Haine, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Clerk - Paolangeli City Controller - Spano Building Commissioner - Hoard Fire Chief - Olmstead Dir., Planning & Development - Van Cort Police Chief - Herson Dep. Dir., Planning Development - Mazzarella Commons Coordinator - Deming Planner - Evans Bd. of Rep. representative - Bd. of Public Works Commrs. Ithaca Urban Renewal Agency Stein - Reeves, Nichols - Gutenberger, Dennis, Stein PLEDGE OF ALLEGIANCE: Mayer Guten erger led all present in the Pledge of Allegiance to the American flag. 111,1INUTES : Regular Meeting April 2, 1986 By Alderperson Lytel: Seconded by RESOLVED, That the minutes of the approved as published. Alderperson Peterson meeting of April 2, 1986 be Carried Unanimously Special Meeting A ril 1S, 1986 By Alderperson Romanows is Seconded by Alderperson Hoffman (600'el RESOLVED, That the minutes of the meeting of April 1S, 1986 be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - -City of Ithaca and Ithaca Urban Renewal Agency - Final Approval of Lease Agreement of Novary-Mackesey Millworking and colt - struction for Tenancy in Cherry. Street Industrial Par Resolution To Open Public Hearing By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That the Public Hearing to consider final approval of the Lease Agreement of Novarr - Mackesey Millworking and Construction for tenancy in Cherry Street Industrial Park be opened. Carried Unanimously No one appeared to speak to the hearing. Resolution To Close Public Hearing By Alderperson Elaine: Secon e y Alderperson Peterson RESOLVED, That the Public Hearing to consider final approval of the Lease Agreement of Novarr - Mackesey Millworking and Construction for tenancy in Cherry Street Industrial Park be closed. Carried Unanimously (Wwo'� ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Dennis requeste a pion of Item I. Personal Service Contract for Computer Consulting Services with The New York State Conference of Mayors. No Council person objected. New Business Alderperson Peterson requested addition of an item, a Report on a Zoning Board Issue, which may require referral to committee. No Council person objected. 3'70 -2- May 7, 1986 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Residential Parking Permit _System Commr. Ben Nichols, 109 Llenroc Court, as chair of the Parking, Traffic and Transit Committee of Public Works, spoke regarding the proposed "Residential Parking Permit System." He expressed regret over the fact that Council is considering proposed legislation to authorize implementation of the residential parking permit situation because his committee has not been consulted at any stage on the system, what it might be, how it might work, how it would be enforced, -J etc. Mayor Gutenberger asked Planning Director Van Cort to respond to Commr. Nichols. Mr. Van Cort explained that it had been referred to the Board of Public Works at the time of the parking study in 1982 and there was a long silence after which it was referred back to Planning. Council, by resolution, directed Planning to get the work done. He said that before it is implemented it will be referred back to the Board of Public Works for their input. Permit for Cart on Commons Jim Linton, S13 Enfield Center Road, reported that he had applied to the Commons Advisory Board for a permit for a cart to sell locally grown fruit and vegetables on the Commons. The Board denied his request on the basis that the deadline for requesting the permit was January 1986, and advised him to appeal to the Council. Resolution By Alderperson Dennis: Seconded by Alderperson Booth RESOLVED, That the request for a permit for a cart on the Commons be referred to the Charter and Ordinance Committee. Discussion followed on the floor. Alderpersons Dennis and Booth withdrew their resolution. Resolution By Alderperson Killeen: Seconded by Alderperson Haine RESOLVED, That the Council gives the Commons Advisory Board authority to waive the untimely filing of the application and to proceed with processing the request. Carried Unanimously Bicycles on the Commons Charles Schlough, 40 Genung Circle, member of the Commons Advisory Board, read the following memo to the Council: "As of May 7, 1986 the Department of Public Works has completed the fabrication of the new bicycle racks and work crews are to begin installation immediately. A meeting scheduled by Mayor Gutenberger for May 8, 1986 will be attended by the following: Underwood, Schlough, Deming, Herson, Pagliaro, Barber, Nash, Bennett, Brown, Paolangeli, and Schlather to discuss Commons Permits, rule changes and enforcement. The Commons Advisory Board and the Commons Rules Committee (Crispin, Schlough and Sheikh) have been working since September 6, 1985 to solve the following problems on the Commons: bicycle riding, chaining of bicycles to trees, posts and other structures, skateboarding, dogs trash, loud radios and litter from weekly newspaper boxes. At prese Common Council has passed a resolution to ban bicycles from the Commons as of June 1, 1986. This will complete a long and difficult project that was begun in response to a great deal of public interest and input. A public hearing was held on March 3, 1986. The bicycle issue was discussed and comments from the public were noted by CFO Chairman Schlather. I would like to urge Common Council, on behalf of the Commons Advisory Board and the Rules Committee, to allow the ban on bicycles to remain as it was voted on at the April 2, 1986 meeting of Common Council." Memo dated May 7, 1986 Parking Meter Attendants Guy Gerar , 117 Farm Street, spoke regarding the status and working conditions of people who serve the city in the enforcement of its -3- May 7, 198171 parking regulations. He said that in the last 10 months, 8 of these employees have quit. He expressed the opinion that the rate of pay is too low and the parking meter attendants, working as part -time employees, do not receive benefits as he believes they should. Ithaca Energy Commission Doug Dylla, IU9 Au urn Road, Coordinator of the Energy Commission, presented copies of the Commission's 1986 Annual Report to Council and highlighted the areas of savings and the areas of increased costs. There was an overall 8% increase in energy costs for the year. He requested that someone in City Hall work directly with energy projects, that additional projects be worked on, and he would like the city to focus on upgrading street lighting. Mr. Dylla answered questions of the Council. Bicycles on the Commons Paul Sayvetz, 201 Elm Street, spoke to the Council in opposition to the rule of banning bicycles on the Commons on the basis that it is infringement on freedom of use of a public right -of -way. Fire Recognition Day Fire Chief Olmstead reminded the Council that Fire Recognition Day will be observed on Saturday, May 10th at 10:00 a.m. in Thompson Park; followed by a parade down Cayuga Street. Everyone is invited. REPORT OF BOARD OF REPRESENTATIVES: City Rep. Stein reported on t e following: <L 1. Resolution 48S(B) He reported that he is completing a study showing the result and impact of 48S(B) which gives 50% tax ex- emption to owners of commercial and industrial properties over a ten -year period. He hopes to show there is no need to have this tax privilege. He plans to recommend repeal of the resolution at county level. 2. Hydropower He reported that the count hasn't gotten hydropower ecause they can't negotiate a contract with NYSEG who doesn't wish to sign. The Board are looking into an alternative - to set up a new public' power district to serve county properties. 3. Landfill There is a committee which is attempting to resolve the landfill problem. Don Culligan is the city representative on the committee. Mr. Stein advised keeping in touch with Mr. Culligan to keep up -to -date on what the committee is doing. 4. Room Tax Rep. Stein reported that this will be passed very soon after which a contract with the Chamber of Commerce will be formulated to develop a Visitors and Convention Bureau. As that develops he hopes there will be some kind of a board. or advisory committee in which the city can participate. Alderperson Killeen asked Mr. Stein about recommendations for summer youth employment program and Mr. Stein responded that the program will be available this year. The Board had appropriated a sum of money in the budget which they increased about two months ago because a greater demand is expected. Alderperson Schlather asked if the power district is going to be a geographical entity or cross sectional. Mr. Stein responded that there is a requirement that this power be used in such a way that all of the people of the county gain the benefit equally. Mr. Schlather asked if the City Energy Commission is actively involved in the dis- cussions about the district. Mr. Stein said it is not, but he will keep the city informed of developments and the Energy Commission is welcome to attend the meetings if they wish. Mr. Schlather asked if the municipal street lighting system could be charged through this neiv power district and Mr. Stein responded that it is a possibility. Mayor Gutenberger thanked Rep. Stein for the unlimited time he put into trying to keep the DSS downtown. COMMUNICATIONS FROM THE MAYOR: Mayor Gutenberger reported ti at he had received a letter from the 3'72 -4 - City of Poughkeepsie thanking the representatives the previous week cuss some of their problems. May 7, 1986 City of Ithaca for hosting their when they visited Ithaca to dis- MAYOR'S APPOINTMENTS: Ithaca Landmarks- an mar s Preservation Commission Mayor Gutenberger requested approval of the Council for appointment of Alex Skutt, 106 N. Aurora Street, and Paul Testa, 32S Elm Street, to the Ithaca Landmarks Preservation Commission for terms to expire December 31, 1986 and December 31, 1988 respectively. Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That this Council approves the appointment of Alex Skutt and Paul Testa to the Ithaca Landmarks Preservation Commission for terms to expire December 31, 1986 and December 31, 1988 respectively. Carried Unanimously Affirmative Action Advisory Committee Mayor Gutenberger requested approval of the Council for appointment of Eric Datz, Building Systems Supervisor of DPW, to the Affirmative Action Advisory Committee for a three -year term to expire December 31, 1988. Resolution By Alderperson Lytel: Seconded by Alderperson Koffman RESOLVED, That this Council approves the appointment of Eric Datz to the Affirmative Action Advisory Committee for a term to expire December 31, 1988, Carried Unanimously City /Town Fire Contract Negotiating Team Mayor Gutenberger requested approval of appointment of a City Fire Contract Negotiating Team to negotiate with the Town of Ithaca, to be made up of the following persons: John Gutenberger - Mayor James Dennis - Chair, Budget & Administration Committee Sean Killeen - Chair, Fire Master Planning Committee Raymond Schlather - Chair, Charter F Ordinance Committee Karl Schmid - Board of Fire Commissioners Resolution By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That this Council approves of appointment of a City Fire Contract Negotiating Team as designated by Mayor Gutenberger. Carried Unanimously Design Review Board Mayor Gutenberger requested approval of appointment of Val Kevin Warke, 117 Rand Hall, C.U. to the Design Review Board to complete the unex- pired term of Dennis Winters who resigned, term to expire December 31, 1986. Resolution By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That this Council approves appointment of Val Warke to the Design Review Board to complete the unexpired term of Dennis Winters. Carried Unanimously Shade Tree Advisory Committee Mayor Gutenberger requested approval of Council for re- creation of a Shade Tree Advisory Committee to consist of the following members: Nina L. Bassuk, 118 Rich Road Robert G. Mower, 1444 Trumansburg Road Monika R. Crispin, 111 Worth Street Marvin Adleman, 230 Roberts Hall, C.U., Michael N. Steigerwalt, 18 Sands Street, Tom McGuire, 63S Elmira Road James LaGro, 318 N. Titus Avenue Temporary Chairman Cortland, N.Y. 13045 Patricia Capranica 1397 Ella Hollow Road Jonathan Kline 4K N. Titus venue Ex- officio , Department of Public Works - Frank Gardner Planning Department - Jon Mei.gs _S_ May 7, 198(373 Resolution By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That this Council approves re- creation of a Shade Tree Advisory Committee with membership as designated by Mayor Gutenberger. Carried Unanimously Stewart Park Advisory Group Executive Committee Mayor Guten erger reported that he had appointed an Executive Com- mittee, as follows, to do investigation and analysis of the various issues related to Stewart Park and forward such information and recom- mendations to the Stewart Park Advisory Group (SPAG) and other city boards and commissions. (too", John C. Gutenberger, Mayor Robert Cutia, Director of the Youth Bureau Jack Dougherty, Supt. of Public Works Ben Nichols, Board of Public Works Jon Meigs, Planning Department CITY ATTORNEY'S REPORT: Collegetown Project City Attorney Nash provided an update on the Collegetown Project. The agreements between the City, Cornell University and Eddygate Park Associates were finally signed on May 5, 1986; funds and purchase money mortgages for the property itself have been approved in final form; the developer hopes to be breaking ground in June. The IURA ! ^� expects to consider the first mortgage financing arrangement at a co meeting on Monday. Atty. Nash has reviewed, and will continue to review, all documents. He answered questions of the Council. Stone Hall City Attorney Nash reported that the Appellate Division has granted a request for an expedited appeal in this matter. Cornell University has served its brief amicus curiae; Atty. Nash will be serving his brief by May 19, 1986 and it will be scheduled for argument the term commencing June 12, 1986. Wilcox Press City Attorney Nash reported that at the special meeting the previous week a representative of New York State Department of Conservation was present; Atty. Nash asked him to provide a copy of the air permit under which Wilcox Press is presently operating and some other documents. He received the documents and will distribute copies of that material to the committee. Cornell Heights City Attorney Nash reported that permission for expedited appeal was denied; Cornell University was directed to file their briefs in normal course and none have been filed yet. HUMAN SERVICES COMMITTEE: Criteria for Review of Request for City Funding By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, the City of Ithaca has in the past appropriated fonds to private agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that in the future all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That a four- person committee shall be established to review all private 1987 requests for non- mandated City funding that are not subject to Human Services Coalition review, consisting of a repre- sentative of the Human Services Committee, the Planning F, Development Committee, a representative from the Finance Department and the staff of the Planning 6 Development Department, and be it further RESOLVED, That the following requirements and criteria shall be applied to all suc}i requests: 374 -6- May 7, 1986 Requirements 1. All applications for 1987 funding must be submitted in writing to the City Clerk by July 15, 1986; 2. An application may be reviewed either through the Human Services Coalition review for human services proposals, or through the process described here for other proposals, but not both. 3. Each application must include a statement that explains how the activity proposed for City funding will benefit the social, cultural, economic and /or environmental well -being of City resi- dents, in terms as specific as possible: what groups will be ' served; how many people will be benefited; what will be the duration of the benefit. 4. If more than 50 of these served by the proposed activity are not City residents, the applicant must also request funding from the County and /or appropriate towns. 5. Each application must include: budgets for 1986 and 1987; financial reports for 1984 and 1985; enumeration of other fund- ing sources. Criteria The review committee shall award points for the degree to which the proposed use of City funds meets each of the following criteria. If applicant does not supply sufficient information for the com- mittee to make a judgment, the proposal shall receive zero points in each such case. 1. The proposed activity will benefit the social, cultural, economic and /or environmental well -being of residents of the City of Ithaca. 1 -10 points 2. The proposal will serve City residents in proportion to City funding requested compared to the total program budget. 1 =5 points 3. The proposal will serve an identified need and does not dupli- cate another service, with higher points allocated in proporti to the extent of the need in the City. 1 -5 points 4. The proposal is designed to effectively meet the needs of those to be benefited; and the proposal includes measurable objectives. 1 -5 points S. Applicant's agency demonstrates sound management practices. 1 -5 points 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the handicapped. 1 -5 points 7. The proposal will produce a long -term benefit (e.g., one that is physically permanent). 1 -S points 8. Points will be allocated according to the size of the request: $2000 or less = 5 6001 - '8000 = 2 2001 - 4000 = 4 8001 - 103,000 = 1 4001 - 6000 = 3 over 10,000 = 0 and be it further RESOLVED, That the review committee shall, by August 15, 1986, recom- mend to the Human Services Committee of Common Council whether each request should be funded, in part or in full, and shall inform the applicants of its recommendations, and be it further RESOLVED, That the Human Services Committee shall make its own recom- mendations to the Mayor for consideration in the 1987 budget, by September 1, 1986. Carried Unanimously Funding Guidelines for Duman Service Agency Requests By Al erperson Peterson: Seconded by Alderperson Killeen WHEREAS, Common Council wishes to make clear its commitment to pro- viding federal revenue sharing funds in 1987 for non- mandated human services; now, therefore, be it -7- May 7, 198975 RESOLVED, That the Common Council will utilize its best efforts to provide at least the same amount of federal revenue sharing funds used in 1986 for non - mandated human services ($68,975), and be it further RESOLVED, That the Mayor shall, by appropriate letter, inform all agencies receiving federal revenue sharing funds in 1987 from the City of Ithaca that such funds are likely to be seriously diminished in future years and that the City's decision to allocate federal reve- nue sharing funds in 1987 for non - mandated human services does not in any way establish any precedent for future funding by the City. Discussion followed on the floor. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Haine RESOLVED, That the final RESOLVED paragraph be deleted. Ayes (3) - Nays (7) - Cummings, Haine, Peterson Booth, Killeen, Hoffman, Schlather, Lytel, Dennis Motion Defeated Romanowski, Further discussion followed. A vote on the main motion resulted as follows: Ayes (7) - Booth, Killeen, Romanowski, Lytel, Dennis, Cummings, . Haine Nays (3) - Schlather, Hoffman, Peterson Carried Fire Master Plan Alderperson Peterson reported that the committee had discussed the plan and decided to urge that a committee be formed as soon as possible (which had been done earlier in the Council meeting). PLANNING AND DEVELOPMENT COMMITTEE: Spencer Road Rezoning By Alderperson Cummings: Seconded by Alderperson Killeen BE IT RESOLVED, That Ordinance 86- entitled "An Ordinance Amending the Zoning Map of the City of Ithaca" be, and it hereby is, intro- duced before the Common Council of the City of Ithaca, N.Y., and be it further RESOLVED, That the Common Council shall hold a public hearing on the matter of the adoption of the aforesaid ordinance, at the Council Chamber, City Hall, No. 108 East Green St. in the City of Ithaca, N.Y. on Wednesday, June 4, 1986 at 7:30 o'clock 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. 86- AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF ITHACA BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: 3'7 6 - 8 - SECTION 1. AMENDING ZONING MAP May 7, 1986 "1. That the official Zoning'Map of the City of Ithaca, as last amended is hereby amended and changed, by rezoning the following properties and areas from R -2a to R -la: All that tract or parcel of land bounded on the northwest by Spencer Road, on the southeast by Stone Quarry Road and the City Line, and on the southwest by the southwesterly boundary of Assessment Parcel 130 -4 -4. The described tract contains thirty -eight assessment parcels which are numbered 123 -2 -1 and -2, 122 -4 -1 through - 4, 124 -2 -1 throuf' -6, 124 -2 -7.1 through -7.3, 124 -2 -8 through -11, 125 -3 -1 through -4, 129 -2 -1 through -7, 128 -3 -1 through -3, 130 -4 -1 through -4, and 130 -4 -7. All that tract or parcel of land bounded on the west by South Meadow Street, on the southeast by Spencer Road, and including five assessment parcels numbered as follows: 122- 3 -2.1, -2.2, and -3, 123 -1 -10 and -11. All that tract or parcel of land bounded on the east by South Meadow Street, on the southeast by Spencer Road, and on the southwest and northwest by the present boundary line between the R -2a and B -S districts, including all or part of forty -seven assessment parcels numbered as follows: 122 -2 -2 (part), 122 -2 -6 through -13, 122 -2 -14.1 through -14.3, 124 -1 -2 (part), 124 -1 -4 through -9, 124 -1 -11 through -14, 124 -1 -15.1, 124 -1 -17, 125 -2 -2 (part), 125 -2 -3.2 (part), 125 -2 -4 (part), 125 -2 -5 through -7, 125- 2 -8.1, 125 -2 -9 and -10, 129 -1 -2 through -S, 129- 1 -6.2, 129- 1 -7.2, 129 -1 -8 and -9, 128 -2 -1.2 (part), 128- 2 -1.1, 128 -2 -3 (part), 128 -2 -4, and 128 -2 -7.2 (part). The above described parcels or parts of parcels are also known by the following street addresses: Lying southeasterly of Spencer Road, beginning at Number 407 and continuing through No. 665, odd numbers inclusive, and including further all that portion of the abandoned railroad property lying between the said parcels and the City line and extending from Stone Quarry Road southwesterly to the southwesterly boundary of No. 66S Spencer Road, which railroad property is now reputedly owned by the State of New York, Department of Parks, Recreation and Historic Preservation. Numbers 406, 408, 410 and 414 Spencer Road and No. 819 South Meadow Street. Lying west of South Meadow Street and northwesterly of Spencer Road, including Numbers 812,814, 816, 820 and 822 S. Meadow St.; Numbers 504 through 634 Spencer Road, even numbers inclusive, but excepting the rear portion of No. 630; and portions of properties fronting on Elmira Road which are divided by the present R2a -B5 district boundary, numbered 315, 327, 337, 339, 343, 363 and 367 Elmira Road. 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said zoning map." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Carried Unanimously I j Cherry Street Industrial Park Proposed Lease Agreement By Alderperson Cummings: Secon e y Aide rperson Maine IVHEIZEAS, the Cherry Street Industrial Park was developed to encourage the retention and expansion of local industries, and WHEREAS, Novarr- Mackesey Construction Co. desires to acquire 1.5+ acres of land in the Cherry Street Industrial Park for construction of facilities to hou,;e its millworking operation, primarily, and -9- May 7, 1986,7 WHEREAS, pursuant to the Urban Renewal Land Disposition Procedure, Common Council and the Ithaca Urban Renewal Agency have designated Novarr- Mackesey a preferred sponsor for tenancy in the Park, and WHEREAS, the terms of the proposed lease /sale agreement for said lands have been reviewed; now, therefore, be it RESOLVED, That Common Council does hereby approve the lease /sale of l.S+ acres of land in the Cherry Street Industrial Park to Novarr- Macl�esey pursuant to the terms and conditions of said agreement, and be it further (4WO-01 RESOLVED, That this disposition is in furtherance of the Urban Renewal Plan and in accordance with applicable State law and with the City's Urban Renewal Land Disposition Procedure, and be it further RESOLVED, That the lease /sale agreement is a legally satisfactory land disposition instrument, and be it further RESOLVED, That the Mayor be and hereby is authorized and directed,, upon advice of Corporate Council and the Director of Planning and Development, to execute for the City of Ithaca any and all instruments necessary for the effectuation of this land disposition. Discussion followed on the floor. Cn C-0 A vote on the resolution resulted as follows: Carried Unanimously CIIARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Section 26.24 of Cha ter 26 Entitled "Building Code Enforcement" of the city of Ithaca Municipal Code By Al erperson Scnlat er: Seconde y Al derperson Haine Uniform State Building and WHEREAS, the State of New York imposed a Fire Code upon all municipalities in 1983;:4n,d WHEREAS, as part of this Uniform Code, the state has proposed a companion Fee Schedule for Building Permits and Inspection Fees; and WHEREAS, it has been many years since the City of Ithaca has revised its fee schedule to more accurately reflect the city's costs of building inspections and the issuance of building permits; now, there- fore, be it RESOLVED, That the City of Ithaca does herewith adopt, as its new Building Permit Inspection and Related Fee Schedule, the schedule attached hereto, and be it further RESOLVED, That the Building Commissioner and the City Chamberlain and all other employees of the city involved in the administration of such schedule, be and they are hereby directed to implement this fee schedule immediately. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously ORDINANCE NO. 86 AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDING CODE ENFORCE- (4000, MENT" OF TIII: CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section I. That Section 26.24 entitled "Building Permits" of Chapter 26 Entitled "Building Code Enforcement" of the City of Ithaca Municipal Code be and it is hereby amended as follows: Section 26.24 Building Permits A. Permit required (this paragraph to remain as is). 378 _10- *B. Minor repairs without permit. May 7, 1986 Maintenance of buildings or structures may be made without notice to the Building Commissioner. Any alterations or additions, the cost of which is less than [two hundred fifty dollars ($250.00)] five hundred dollars ($500.00), shall not require a permit except in suc cases as involve the removal or substantial change in a load - bearing partition, in which case a permit must be obtained before any work shall be started. There shall be no permit fee applicable when the cost of the work done thereunder is less than five hundred dollars ($500.00). Costs shall be assumed to include both labor and material, In cases where cost information is not readily available to the [Commissioner of Buildings] Building Commissioner and there exists a giestion of the value of any alteration anc or addition, he shall have the discretionary power to make his own estimate of such labor, material and other costs. Labor costs shall be estimated to be at least equal to federal minimum labor standards in effect at the time. A permit must be obtained before any excavation work is done or before cutting of any beams, supports or removal of or closing of any stairway or means of exit. C. Application for permit. Every application for a permit shall be in writing on approved forms and shall be signed by the owner or his authorized agent. In his dis- cretion the Building Commissioner may require a property survey of the lot or lots concerned in any proposed building operation. Permit fees according to the following schedule: Where the total valuation of the work is: 1. Less than $500.00 None [2. From $500.00 to $5,000.00 $ -5.00] 2. From $501.00 to $2,000.00 $10.00 [3. For each additional $1,000.00 over $5,000.00 or fraction thereof up to and including $25,000 $ 1.001 3. From $23,001.00 to $5,000.00 $15.00 [4. For each additional $1,000.00 over $25,000.00 or fraction thereof up to and including $100,000.00 $ .50] 4. From $5,001.00 to $6,000.00 $30.00 [5. For each additional over $100,000.00 or up to and including S. From $6,001.00 to $ [6. For each additional or fraction thereof_ $250,000.00 $1,000.00 fraction thereof $250,000.00 $ 0.25] 71V000.00 $38.70 $1,000.00 exceeding $ 0.10] 6. From $7,001.00 to $25,000.00 7 From $2S.001.00 to $S0,000.00 $38.70 for the first $7,000.00 plus $4.35 for each additional 1,000.00 or fraction thereof, to and including $25,000.00 $117.00 for the first 251000_00 plus 3.00 for each additiona11,000.0-a or fraction tTiiereo to and including 50,000.00 *New material is underscored; material to be deleted is bracketed. -11- May 7, 198G79 8. Over $SO,000.00 $192.00 for the first $SO,OOO.00 plus 2. for each additional T_1,_GW.00 or fraction thereof Other inspections and fees related to building construction: Requested inspections outside of normal business hours Minimum charge: two hours in (441� addition to t e permit fee Plan review for projects exceeding 5,000.00 where no permit is requested Additional plan review required by changes, additions, or revisions to approve plans Building permit renewal Certificate of occupant Temporary certificates of occupancy Demolition work: Up to $1,000.00 $1,001.00 to $S,000.00 $S,001.00 and up $1S.00 per hour SOo of permit fee schedule amount to be a lie to permit fee) $1S.00 per hour $10.00 or 100 of the original building permit fee, whichever is larger No charge if buildin permit is in effect; otherwise $10.00 for one - an two-family dwellings, or all others $10.00 for one- and two - family dwellings, or all others $12.00 2 0 $o.T)T plus $4.00 for each $1,000.00 or fraction there - 0 over $S,000.00 In the event that an application for a building permit is not approved the applicant shall be entitled to a refund of [fifty percent (SOo) of the fee paid over Five Dollars provided no con- struction has been commenced] fifty percent (SOo) of the fee paid, provided no work has commenced. If construction work ias been started and the application is not approved, no part of the fees paid shall be refunded. Any amendment to the application or the plans and specifications upon which the building permit has been issued may be filed at any time prior to the completion of the work. [An additional fee shall be paid upon any increase in valuation occurring as a result of the alteration of plans. Such fee shall be based upon the above fee schedule.] If. there is an increase in the value of the project as a result of the amendment, an additional fee shall be paid for that increase, ase on t e ee sc e u e a ove. If there is no increase in the value of the project as a result of the amendment, but a di- tional_lan review time is incurred, an additional fee of $15.00 per 3iour shall. �e pai.c for t. e acditional plan review time. During the period of time that the work is going on for which the building permit is issued, said permit shall be displayed on the property in such a location that it is readily visible from the near- est street. D. Statement of costs (this paragraph to remain as is). 380 -12- May 7, 1986 E. Information required for alteration work (this paragraph to remain as is). F. Approval by other departments (this paragraph to remain as is). G. Permit to erect part of a building (this paragraph to remain -as is) . H. Permit includes contractor's plant (this paragraph to remain as is) . I. Certificate of compliance (this paragraph to remain as is). J. Stop order and revocation of permit (this paragraph to remain as is) . K. Expiration of permits (this paragraph to remain as is). Section 2. 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. Adoption of Citv of Ithaca Official Environmental ASsPSSmP.nt Pnrm¢ By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, the City of Ithaca has updated the City Environmental Quality Review Act to conform to the State Environmental Quality Review Act; and WHEREAS, the City's Environmental Assessment Forms should be similarly revised to reflect these changes; and WHEREAS, this matter has been reviewed previously by the Charter and Ordinance Committee (1985 and 1986), the Planning and Development Committee (1985) and the Conservation Advisory Committee (1985 and 1986), with various recommendations made in those reviews; now, there fore, be it RESOLVED, That the Ithaca Common Council does herewith adopt as its official Environmental Assessment Forms the following forms in the manner annexed, to wit: Short Environmental Assessment Form (SEAI "); Long Environmental Assessment Form (LEAF) Part 1, Part 2 and Part 3. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Copies of the forms are filed in the Office of the City Clerk. Alderperson Schlather expressed thanks to Alderperson Peterson for working on the forms. BUDGET AND ADMINISTRATION COMITTEE: Police Department Transfer of Fun s By Alderperson Dennis: Seconded-by Alderperson Booth RESOLVED, That $15,000 be transferred from Account A1990, Contingency, to Police Department Account A3120 -435, Contractual Services, to provide for computer services from VOCOM, as requested by the Police Chief. , j Discussion followed on the floor. Tabling Resolution By Alderperson Killeen: Seconded by Alderperson Cummings RESOLVED, That the resolution be tabled until we have a proposal for computer expenditure for the Police Department for 1986. Further discussion followed. -13- May 7, 1981 A vote on the Tabling Resolution resulted as follows: Ayes (2) - Killeen, Cummings Nays (8) - Booth, Dennis, Haine, Hoffman, Lytel, Peterson, Romanowski, Schlather Motion Defeated After further discussion a vote on the main motion resulted as follows: Ayes (8) - Booth, Dennis, Haine, Hoffman, Lytel, Peterson, Romanowski, Schlather Nays (2) - Killeen, Cummings Carried Treatment Plant Phase 2 Authorization By Alderperson Dennis: Seconded y Alderperson Schlather RESOLVED, That the authorization for Phase 2, Planning and Design of the Ithaca Area Wastewater Treatment Plant, be hereby increased by $33,933.33, which amount represents the interest costs on temporary financing, and be it further (o RESOLVED, That $33,933.33 of interest earnings on the investment of M the available Capital Project balance for Phase 2, Planning and �) ~) Design, be allocated to the payment of such interest due on temporary financing. A*) Carried Unanimously Treatment Plant Phase 3 Authorization By Alderperson Dennis: Seconded y Alderperson Schlather RESOLVED, That the authorization for Phase 3, Construction of the Ithaca Area Wastewater Treatment Plant, be hereby increased by $309,445, which amount represents the interest cost on temporary financing, and be it further RESOLVED, That $309,445 of interest earnings on the investment of available Joint Activity Capital Project balance for Phase 3, Construction be allocated to the payment of such interest due on temporary financing. Carried Unanimously Youth Bureau Personnel Roster By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1986 Personnel Roster of the Youth Bureau be amended as follows: Add - 1 Office Manager Position Delete - 1 Senior Account Clerk Position Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Office Manager Promotion By Alderperson Dennis: Seconded by Alderperson Hoffman WHEREAS, an Office Manager's position for the Youth Bureau was approved by the Civil Service Commission on October 10, 1984, and WHEREAS, Ms. Carol Wilson has successfully passed the required Civil (6000� Service testing and is qualified to fill the position of Office Manager; now, therefore, be it RESOLVED, That Ms. Carol Wilson be permanently promoted to the position of Office Manager at the Youth Bureau, with an annual salary of $17,770, effective May 12, 1986. Carried Unanimously Principal Account Clerk Promotion By Alderperson Dennis: Seconded by Alderperson Elaine RESOLVED, That Ms. Robin Meskimen receive a provisional promotion appointment to the position of Principal Account Clerk at the Youth Bureau, effective May 12, 1986, at an annual salary of $12,636, and 382 -14- May 7, 1986 that the Civil Service Commission be requested to hold an examination for this position. Carried Unanimously Employees Other Than Management Salary Increases By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That those employees, other than management, not covered by a formal contract, be granted the same percentage increases for the years 1986 and 1987, effective with the first pay period of 1986, as was awarded to those employees covered by the Ithaca Unit of the Civil Service Employees Association, Inc. - Administrative Unit Con- tract, and be it further RESOLVED, That all other sections of this Contract be made applicable to those employees. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Booth, Dennis, Haine, Lytel, Peterson, Romanowski, Cummings, Killeen Nays (2) - Hoffman, Schlather Carried Audit By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the bills presented, as listed on Audit Abstract #8/1986, in the total amount of $26,900.57, be approved for payment. Carried Unanimously NYCOM Computer Consulting Contract By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That a personal service contract not to exceed $3500 for computer consulting services between the City -of Ithaca and the New York State Conference of Mayors be authorized in accordance with the recommendation of the City of Ithaca Computer Advisory Group, and be it further RESOLVED, That the costs of such contract be paid from the Trust and Agency Account. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Booth, Dennis, Haine, Lytel, Cummings, Killeen, Hoffman Nays (3) - Schlather, Romanowski, Peterson Carried PLANNING AND DEVELOPMENT COMMITTEE: Ithaca Industrial Par Leasing Policy By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS,the City of Ithaca has acquired a second industrial park to pursue the goals of job creation, promotion of industry which brings money into the local economy, and retention of local businesses, and WHEREAS, the Ithaca Urban Renewal Agency wishes the concurrence of Common Council in establishing consistent policies for the dispositic of the new industrial park, and WHEREAS, the proposed policies have been reviewed and recommended for approval by the Ithaca Urban Renewal Agency /CDA and the Planning and Development Committee; now, therefore, be it RESOLVED, That Common Council does hereby approve the Ithaca Industrial Park Lease Policy. ITHACA INDUSTRIAL PARK: LEASING POLICY The purpose of this document is to delineate and define the policies which the Ithaca Urban Renewal Agency will follow in negotiating ].and leases in the Ithaca Industrial Park (NYSEG Site). -15- May 7, 198638:; Such policies are essential for maintaining consistency throughout the leasing process and for achieving the maximum benefit from this economic development endeavor for the City of Ithaca. It is the intent of this document to set forth goals and objectives which the Agency desires to accomplish and procedures it will utilize in doing so. The policies below shall be in effect for 36 months following a report on leasing activities by the Department of Planning and Development. GOALS The primary goals governing the leasing and development of the Ithaca Industrial Park are as follows, in order of priority: (1) To maximize the number of new jobs created in the Ithaca economy through development of the Ithaca Industrial Park. (2) To promote basic industry (activities which bring outside money into the local economy) jobs by providing subsidized land for development to industrial firms which are appropriate to Ithaca, and co (3) To encourage successful local firms to remain in the area by 00 providing subsidized land for expansion or modernization of plant facilities. (-) The primary emphasis, then, is on employment, both creation and ("Q retention. It should be noted that a very limited amount of industrial land is available in the City to be used in accomplishing these goals. Consequently, each industry in the Ithaca Industrial Park must con- tribute to the achievement of these goals. The City of Ithaca is not attempting to secure a profit from the development of the park, only to recover the City investment in the project. The true economic return to the City will take the form of increased property and sales taxes, increased employment, effective land use and a more stable, healthy economic base. POLICY STATEMENTS Employment (1) The IURA will give priority in leasing land to firms which have strong job generation capabilities (over 17 employees per acre) rather than those which are primarily capital or space intensive. (2) In deciding to whom to offer land, the Agency will emphasize the creation of new jobs and the retention of existing jobs. (3) Basic or primary industrial firms will be encouraged over non -basic or secondary firms. (4) The Agency will consider the history and the future of growth, particularly in terms of employment, for local firms which are interested in the park. (S) Priority will be given to firms which contribute to improve- ment in the quality and diversity of skills in the Ithaca labor force. (6) Since partial funding for acquisition and improvement of this park came from Community Development sources, firms must have and implement an affirmative action plan consistent with Executive Order 11246 (attached). This plan is subject to review, approval and monitoring by the IURA. (7) Since Federal Community Development funds have been used by the City, park tenants (firms) must be evaluated from the perspective of their willingness to give first consideration in hiring and pro- motion to low- and moderate - income individuals when job openings exist. Jobs most likely to be filled by low- and moderate- income individuals have been defined as generally not requiring formal education beyond ]sigh school, although skills developed tYIrough other jobs or other life experiences may be required. The City will monitor performance in hiring, promotion and aFfirmative actions to outreach and tailor 84 -16- May 7, 1986 positions to low /mod. skill levels. City staff will review records on a quarterly basis using [IUD Jobs Bill reporting forms or equivalent mechanisms. TYPES OF MANUFACTURING (1) As a general rule light manufacturing industry is the priority use of the Ithaca Industrial Park. Since considerable CD funds tied to specific industries have been used to acquire the site, those industries will be most seriously considered for inclusion in the park The three industries are Ironics, Inc., Sawtooth development, and Abdulky Jewelers. Those named firms are local ones, in need of expan. sion space who have undergone extensive searches to locate larger facilities. All three are committed to hiring lower skill employees from Ithaca's target C.D. areas. (2) The IURA will give priority to firms which complement exist- ing firms in the Park or in the City in terms of product or process (e.g., one firm may provide raw materials or a process component to another firm). This is seen as encouraging long term self sufficiency of the Ithaca area. (3) The Agency will emphasize those manufacturing or research processes with the greatest potential to generate spin -off firms. (4) Priority will be given to manufacturing processes which involve very low health risks to employees. (5) The Agency will assess both the on -site and off -site environmental impacts of all interested firms, including Community Gardens, and give priority to those which have minimal negative im- pacts in terms of air and water quality, noise, dust, glare, vibration, sanitation, aesthetics, traffic, odor, by products or potential danger. TYPE OF MANUFACTURER (1) The IURA will give priority to firms with local and regional ownership and with a regional or national market area. (2) Priority will be given to firms which have demonstrated or expressed a strong commitment to Ithaca. (3) The Agency, in order to meet HUD grant requirements, shall require firms to take affirmative steps to hire low- and moderate - income residents of Ithaca's Community Development target areas (1975- 86) and to meet Section 3 local hiring and contractor utilization business requirements which require that individuals residing in Ithaca (Section 3 area) and City contractors be given employment opportunities to the greatest extent feasible (see attached full text, section 3, Housing a ^d Urban Development Act of 1968, 12 U.S.C. 1701u). The City shall monitor performance as listed in Employment Policies (above) . (4) The Agency will encourage interrelatedness of firms in the Ithaca area as a means of assuring commitment to the area. (5) The Agency will give priority to firms with close ties to unique local institutions or area activities (such as Cornell Uni- versity or Ithaca College). LEASING ARRANGEMENTS The following statements are made as guidelines to be used in formulating the lease agreement: (1) The term of the lease shall be 99 years; leasee will have the option to purchase the land as allowed by the Appalachia Regional Commission and the housing and Urban Development Agency, but in no case before twenty (20) years have elapsed. -17- Mav 7. 1986385 (2) Rent shall be approximately $2100 -$2500 per acre per year* for the first 20 years, for tenants signing leases within five years of approval of these lease policies. Review of rent schedules will occur at approximately every five years thereafter for any remaining industrial sites. After 20 years, the IURA shall negotiate lease terms with firms that wish to remain lessees. (3) Purchase price of the land any time after the 20th year shall be the 1985 market price as appraised by the City's appraiser, approxi- mately $25,000 - $30,000 per acre. (4) In addition to rent, lessee shall pay an annual administra- tive fee to the City, said fee subject to negotiation. (5) The lease agreement will stipulate that construction of the principal plant shall begin within a specified time period. If the lessee fails to initiate construction within that time, the lease will be terminated and the improvements shall revert to the City. (6) The lease agreement can include the option for other sites within the park; terms of the option shall be determined by the IURA. (7) The lease agreement will stipulate a minimum value for the proposed plant. (8) All site and architectural plans must be approved by the Agency prior to construction. (9) Tenants or developers for tenants may be eligible, subject to local government approval, for the State Preferential Tax Assess- ment Program whereby payments in lieu of property taxes are reduced 50o the first year, with the reduction decreasing incrementally by 5% per year. (10) Property in the park may not be sulbleased or transferred in any way to another tenant or user without IURA approval. (11) All construction within the park shall conform to the covenants, easements, restrictions and conditions governing the site. xFinal land lease and purchase prices are subject to negotiation within the above stated ranges. Discussion followed on the floor. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the resolution be tabled. Ayes Schlather, Hoffman, Booth Nays () - Dennis, Haine, Lytel, Cummings, Killeen, , Peterson Motion Defeated After further discussion a vote on the Main Motion resulted as follows: Ayes (6) - Dennis, Haine, Lytel, Cummings, Killeen, Romanowski Nays (4) - Booth, Hoffman, Peterson, Schlather Carried Strand Theater Transfer of Ownership /Operation By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, Common Council has reviewed Mr. Joseph Ciaschi's presenta- tion to the IURA /CDA and written proposal materials regarding use of the Strand as a Performing Arts Center, and WHEREAS, the Strand Theatre revitalization is important to downtown Ithaca, the local economy and for performances of the live arts, particularly for local performing groups, and 3861 -18- May 7, 1986 WHEREAS, Mr. Ciaschi has stated that his ownership of the facility shall result in use of the facility for the live performing arts; now, therefore,-'be it RESOLVED, That subject to approval by the City Attorney, and subject to any additional conditions which may be required by the Appalachian Regional Commission, HUD and the N.Y.S. Department of State to effec- tuate the original grant requirements, the Common Council approves the transfer of ownership from Barbara W. Thuesen, William R. Wilcox and the estate of Elaine T. Downing to Joseph Ciaschi, applauds his effort- to revitalize this important community resource and authorizes the Mayor to sign documents to recommend the building transfer, and be it further RESOLVED, That subject to approval by the City Attorney, and subject to any additional conditions which may be required by the Appalachian Regional Commission, HUD and the N.Y.S. Department of State to effectuate the original grant requirements, the Common Council approves the assumption of responsibilities for operating a theatre for the performing arts by the Strand Theater Corporation, a not - for - profit corporation, and authorizes the Mayor to sign documents to finalize City agreement with this operating mechanism. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Residential Parking Permit System By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council of the City of Ithaca has determined that the implementation of a Residential Parking Permit System is an im- portant step toward the resolution of parking and traffic congestion problems in the City of Ithaca, and WHEREAS, the Common Council has authorized the preparation and sub- mission of proposed legislation which will give the City of Ithaca the authority to implement a Residential Parking Permit System, and WHEREAS, a bill to provide for the implementation of a Residential Parking Permit System has been drafted by the Planning and Development staff and the Corporate Council, and WHEREAS, said bill has been introduced in the Assembly by Assemblyman MacNeil and in the Senate by Senator Riford; now, therefore, be it RESOLVED, That Common Council does hereby affirm its approval and support for State Assembly Bill Number A11108and State Senate Bill Number 59090, and be it further RESOLVED, That Common Council does hereby request the approval of said bills by the New York State Legislature, and be it further RESOLVED, That the Mayor and City Clerk are authorized to prepare and forward the necessary Home Rule Message to the Legislature. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Designation of Lead Agency for Environmental Review By Alderperson Cummings: Seconded by Al erperson Killeen WHEREAS, an application has been made to the Board of Planning and Development by William and Ruth Zikakis for approval of a proposed subdivision on Commercial Avenue, and WHEREAS, such subdivision is a Type I action under City environmental regulations, requiring initiation of environmental review procedures, and -19- May 7, 19888 WHEREAS, the City's Environmental Quality Review Ordinance provides that while Common Council shall have overall authority for administra- tion of the regulations, it may designate a particular city agency to act as Lead Agency where the matter under consideration would normally be under that agency's jurisdiction; now, therefore, be it RESOLVED, That the Board of Planning and Development be designated Lead Agency in the matter of the proposed Zikakis subdivision on Commercial Avenue, Assessment Parcel 126 -1 -2. Ayes (9) - Booth, Haine, Lytel, Cummings, Killeen, Peterson, Hoffman, Romanowski, Schlather Nay (1) - Dennis Carried Designation of Lead Agency for Environmental Review of Subdivision By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Board of Planning and Development of the City of Ithaca is charged with the responsibility of reviewing and approving all subdivision of land within the City, and WHEREAS, discretionary actions of this nature are also subject to environmental review under the City's Environmental Quality Review )i Ordinance, and (L. WHEREAS, recent experience has shown that the time scales for the various stages of review under these ordinances conflict and do not promote an orderly and efficient process of project evaluation and decision making, causing delay and imposing additional burdens on all parties involved, and WHEREAS, it is appropriate that the Board of Planning and Development act as Lead Agency for environmental review of subdivisions in the City, and WHEREAS, the statutory requirement for designation of Lead Agency other than Common Council unnecessarily delays and complicates the processing of subdivision application; now, therefore, be it RESOLVED, That Common Council hereby designates the Board of Planning and Development as Lead Agency for environmental review of all appli- cations for subdivision of property in the City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Haine, Lytel, Cummings, Peterson, Hoffman, Booth Nays (4) - Schlather, Romanowski, Killeen, Dennis Carried 312 Loan Fund Opportunity/Neighborhood Revitalization Fund By Alderperson Cummings: Seconded y Al erperson Killeen WHEREAS, Ithaca Neighborhood Housing Services, Inc. has an extra- ordinary record of success in housing rehabilitation and neighborhood conservation in the city's low- and moderate - income residential areas, and WHEREAS, sources of low interest capital for use by INHS for loan programs and operations are drying up, and T - T bills which will transfer the WIIERF:AS, the Congress is considering assets of the 312 Loan Fund to the Neighborhood Reinvestment Corpora- tion upon termination of the Section 312 Rehabilitation Loan Program, and WHEREAS, such transfer would create a major new source of funds which could provide low interest money for revolving loan funds to finance rehabilitation and to augment apartment improvements as well as pro- viding additional capital for Neighborhood Housing Services of America, to which many INIIS loans are sold; now, therefore, be it 1188 -20- May 7, 1986 RESOLVED, That Common Council of the City of Ithaca strongly supports the proposed transfer of assets to Neighborhood Housing Services of America, and be it further RESOLVED, That the Common Council does respectfully urge the active support of this measure by the area's Senators and Representatives, and be it further RESOLVED, That this resolution be transmitted to Senators D'Amato and Moynihan and Representatives McHugh and Lundine. Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Six Mile Creek Overseer Committee Alderperson Peterson reported t at a new Six Mile Creek gorge ranger, Bob Emery, had started work the previous weekend. NEW BUSINESS: Postponement of Prohibition of Bic cles from the Ithaca Commons By Al erperson Peterson: Seconded y Alderperson Hoffman WHEREAS, the Common Council on April 2, 1986 adopted a resolution banning bicycles and other such wheeled devices from the Ithaca Commons, as of June 1, 1986, and WHEREAS, the implementation of such a prohibition would require City expenditures for removal of the bike racks now on the Commons, as well as for installation of replacement racks nearby; and WHEREAS, many citizens have objected to the fact that the ban appears to penalize law- abiding bicyclists without changing the enforcement of sanctions against hazardous behavior, namely bicycle riding and inappropriate bicycle parking; and WHEREAS, a possible alternate approach to the problem of inappropriate behavior would be an ordinance authorizing Ahe impoundment of bicycle that constitute a safety hazard or an obstruction to traffic on the Commons (similar to the provision authorizing towing of abandoned and illegally parked vehicles); now, therefore, be it RESOLVED,) That the effective date of Ordinance No. 86 -2 is hereby changed from June 1 to September 1, 1986, to allow time for considera- tion of alternate approaches, including impoundment of bicycles that are inappropriately used or parked; and be it further RESOLVED, That this matter be referred to the Charter and Ordinance Committee for a recommendation by the August 1986 Common Council meeting. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (5) - Schlather, Romanowski, Lytel, Hoffman, Peterson Nays (5) - Booth, Killeen, Cummings, Haine, Dennis Mayor Gutenberger voted Nay, breaking the tie. Motion Defeated Summer Common Council Meeting Time By Al erman Schlather: Seconde y Alderman Dennis RESOLVED, That the meeting time for the months of July, August and September will be 8:00 p.m. instead of 7:30 p.m. Ayes (6) - Schlather, Lytel, Dennis, Hoffman, Romanowski, Booth Nays (4) - Haine, Peterson, Killeen, Cummings Carried BZA Review of Aesthetics Concerns Alderperson Peterson reported t -at a variance was granted to a person in the Fall Creek area, on Lincoln Street.. Planning Board didn't consider aesthetics and BZA couldn't. They suggested that if the Council want aesthetics to be considered they need to be written up by the Council. (D (J C) (T I -21- May 7, 198��t) The issue was referred to City Attorney Nash to review and report back on BZA consideration of aesthetics. Mandatory Ending Time for Council Meetings By Alderperson Hai.ne: Seconded by Alderperson Cummings RESOLVED, That a mandatory ending time of Common Council meetings of 11:00 p.m. be instituted. Discussion followed on the floor. Alderperson Haine asked for a vote (called the question). Alderperson Hoffman objected to a vote because the item was not on the agenda. The Mayor asked that the item appear on next month's council agenda. ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. Callista F. Paolangeli, 12ity Clerk 3J, n C. uten erge% Mayor