Loading...
HomeMy WebLinkAboutMN-CC-1986-12-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. December 3, 1986 PRESENT: Mayor - Gutenberger Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano Dep. Controller - Cafferillo City Clerk - Paolangeli Dir., Planning 6 Development - Van Cort Dir., Youth Bureau - Cutia Supt, of Public Works - Dougherty Fire Chief - Olmstead Building Commissioner - Hoard Commons Coordinator - Deming BPW Commissioners - Stone, Albanese PLEDGE OF ALLEGIANCE: Mayor Guten erger led all present in the Pledge of Allegiance to LD the American flag. M Energy Improvement Awards Q Mayor Gutenberger call—&-d—attention to two awards, state and national, received by the City of Ithaca Common Council and the Ithaca Energy Commission for energy improvements and innovation with the Weatherization Ordinance passed by the Common Council. The two awards were displayed in the council chamber for anyone who wished to look at them. Mayor Gutenberger congratulated the Energy Commission and Council members for the work done and imple- mentation in passing the ordinance. He commented that it is nice to know that the state and nation has recognized their efforts. Mayoral Citations Six citations for heroism were awarded by Mayor Gutenberger to two citizens and four Ithaca Fire Department personnel for the rescue of four children and two adults from a house fire at 312C Third Street on August 3, 1986. The citations were awarded by Mayor Gutenberger to the following persons: Ernest Pischel of Ithaca, Jack Kopsa of Newfield, Fire Lieutenant Michael Schnurle, Firefighter William Baker, Firefighter Steven Craven and Firefighter Scott Gingras. Fire Chief Olmstead gave a brief background of the circumstances of the rescue. Mayor Gutenberger proposed the following resolutions for considera- tion by the Council: "WHEREAS, on August 3, 1986 a fire was discovered in the residence at 312C Third Street, and WHEREAS, it was believed that people were trapped inside the burning structure, and WHEREAS, Ernie Pischel and Jack Kopsa started the immediate rescue of the trapped persons, and tVHLP'. AS, the }seat made the rescue very difficult, and WHEREAS, these individuals risked their own lives to accomplish a successful rescue, and WHEREAS, because of their heroic action and bravery a tragedy was averted; now, therefore, be it RESOLVED, That the Common Council, on behalf of the City of Ithaca 70 _2_ December 3, 1986 and the community at large, commend these individuals with gratitude for their bravery and cooperation in protecting and preserving the lives of the citizens of Ithaca. MOVED by Alderperson Haine: Seconded by Alderperson Cummings Carried Unanimously "WHEREAS, on August 3, 1986 the Ithaca Fire Department responded to a call that there was a fire in the residence of 312C Third Street, and WHEREAS, the Fire Department was informed by citizens at the scene and that persons were trapped inside the burning structure, WHEREAS, upon arriving upon the scene of the Michael Schnurle, Firefighters fire in progress, William Baker, Fire Lieutenant Steven Craven and Scott Gingras started the immediate rescue of trapped persons, and WHEREAS, the intense heat and intense smoke made rescue very difficult, and WHEREAS, these individuals risked their own lives to accomplish a successful rescue, and WHEREAS, because of their heroic action and bravery a tragedy was averted; now, therefore, be it RESOLVED, That Common Council, on behalf of the City of Ithaca and the community at large, wish to commend these individuals with gratitude for their bravery and cooperation in protecting and preserving the lives of the citizens of the City of Ithaca." MOVED by Alderperson Romanowski: Seconded by Alderperson Schlather Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - Propose Changes to Zoning Ordinance Amending Chapter 30 to Provide a De inition o the Functional ly Unit 1 P 't Procedure or Functional Family and Provide a New Specla ermi Units. Resolution to Open Public Hearing By Alderperson Dennis: Secon ed by Alderperson Schlather RESOLVED, That the public hearing to consider amendment of Chapter 30 to provide a definition of and special permit procedure for Functional Family Units is opened. Carried Unanimously The following persons addressed the Council, speaking in opposition to passage of the proposed ordinance: R. James Miller, 213 Bryant Avenue, Second Vice President Bryant Park Civic Association James Kerrigan, local attorney Atty. Miller and Atty. Kerrigan believe the proposed ordinance does not avoid invasion of privacy, or avoid making unmarried couples prove they are a functional family, but in effect, does just the opposite from what it was designed to do. They believe it will be extremely difficult, if not impossible, to enforce. Resolution to Close Public Hearing By Alderperson Schlather: Seconded by Alderperson Dennis RESOLVED, That the public hearing to consider amendment of Chapter 30 is closed. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Al erperson Peterson requested deletion of Item D. Handicapped Access which was addressed during the budget session. No Council person objected. -3- December 3, 1976 Miscellaneous Business Alderperson Lytel requested addition of a report on "National League of Cities" meeting. No Council person objected. Report of Special Committees Alderperson Killeen requested addition of a report from the Stewart Park Advisory Committee. No Council person objected. MINUTES: Meeting of October 29, 1986 By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Minutes of the October 29, 1986 meeting of Council be approved as published. Carried Unanimously Meeting of November 5, 1986 By Alderperson Sc lat er: Seconded by Alderperson Dennis RESOLVED, That the Minutes of the November 5, 1986 meeting of Council be approved as published. Carried Unanimously m PETITIONS AND HEARINGS OF PERSONS BEFORE THE COUNCIL: Q Handicap Parking Jacki Brooks, 804 N. Aurora Street, presented the following: "I appreciate it very much the concern of Common Council for the Handicap Accesses and the improvements for the Handicap Citizens of Ithaca, but I was very distressed when I had business in City Hall and was unable to park in the Handicap Spot, the best part_ef the morning, in the City Hall Parking lot due to the fact that there was a yellow Cadillac convertible parked there. What dis- tressed me more was when I learned the yellow Cadillac convertible parked in the Handicap Spot belonged to Alderman Sean Killeen, on which no handicap sticker was visible. Thank you ladies and gentlemen of Common Council for listening to my complaint." Chamber of Commerce Charles Becker, representing the Tompkins County Chamber of Commerce, requested the council to reinsert in the 1987 budget the $7,000 request made by the Chamber of Commerce which he termed an invest- ment in establishment of Tompkins County Convention and Visitors Bureau. INHS Doug Dylla, Director of Ithaca Neighborhood Housing Services, thanked the Common Council for inclusion of funds in the 1987 budget for INHS which will enable them to continue revitalizing the downtown neighborhoods. Proposed Amendment to Zoning Ordinance Bodil Somkin, 2 Cornell Walk, spo e to the council expressing opposition to the proposed amendment to the Zoning Ordinance. 1987 Budget Requests Marc Albanese, 428 South Geneva Street, a commissioner of the BPIV, requested reconsideration by the council of two items in the 1987 Budget- -storm sewer maintenance (a memo had been prepared by Larry Fabbroni and distributed to the council to justify the request) and additional seasonal help and equipment for lawn maintenance in areas of the city. Farmers' Market Anna M. Stein raus, President, Ithaca Farmers' Market, introduced members of her board to the council and reported that the board had passed a resolution concerning the proposed north side site, one concerning the final application for NYSCA grant and a motion en- dorsing selection of Robert Leathers as consulting architect for the NYSCA grant. 72 -4- December 3, 1986 Elizabeth E. Mann, 1610 Ellis Hollow Road, and Judy Gibson, 101 Poole Road, members of the Ithaca Farmers' Market Board, spoke to the Council encouraging final application for the NYSCA grant. Stewart Park Davi Ruet er, 1189 E. Shore Drive, spoke to the Council in opposition to proposed changes to Stewart Park. COMMUNICATION FROM THE MAYOR: Definition of Functional Family Mayor Guten erger reportec teat the New York State Conference of Mayors Conference will be held in Syracuse on December 7th and 8th. One of the agenda items is the definition of family. He is hoping to take results of any action passed at the council meeting with him to share with other cities as the issue is of great importance throughout the state. MAYOR'S APPOINTMENTS: Mayor Guten erger reported that Stuart Stein had resigned from the Ithaca Urban Renewal Agency Board and that he wished to offer the name of William C. Bennett, 431 S. Geneva Street for consideration and endorsement as a replacement on the Board. Alderperson Schlather asked what the term of the appointment would be and the Mayor responded that the terms are indefinite. Alder- person Schlather commented that, because these appointments are so infrequent, he was requesting that this matter be considered by a committee of Council. He said it has nothing to do with Mr. Bennett; however, these issues should be discussed by Council. Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the matter of selection of appointees to the Urban Renewal Agency, with respect to term of office and individual to be considered for appointment be referred to the Planning and Develop- ment Committee for review and report back. Discussion followed on the floor. Alderperson Cummings concurred with Alderperson Schlather; Alderperson Hoffman commented that he felt the Council should have more than a few minutes to consider how to fill an appointment as important as this. Alderperson Dennis commented that he thought the rules for appointment were set forth by the state and, possibly, federal regulations. Mayor Gutenberger asked the City Attorney to check the rules. City Atty. Nash reported that the Urban Renewal Agency was set up by a Special Act of the legislature which provides appointment powers which basically are made by the Mayor with approval of a majority of members of the council. It seems that upon creation of this agency back in the 60s a certificate would have been filed with the Secretary of State designating the original names, the names of original members and their terms of office. Thereafter, members would serve at the pleasure of the Mayor. Atty. Nash reported that he did not have the certificate but will check further in the files. A vote on the resolution resulted as follows: Ayes (8) - Booth, Cummings, Haine, Peterson, Schlather Nays (2) - Dennis, Romanowski Hoffman, Killeen, Lytel, Carried CITY ATTORNEY'S REPORT: Cornell Heights Zoning Case City Atty. Nash reported that he has not received any decision from the Court of Appeals on the Cornell Heights zoning case. S'T'RAND THEATRE Alderperson Killeen requested information on the status of the Strand Theatre. WHEREAS, there are certain areas within the City of Ithaca which should be preserved as quiet, low density, single family or two family residential neighborhoods, and WHEREAS, the presence of groups of persons which are the functional equivalent of a traditional "family" is not inconsistent with the goals of low density residential zoning within the City of Ithaca, and WHEREAS, the Common Council of the City of Ithaca wishes to accommodate such functional equivalents of a traditional "family" while still preserving the characteristics of single and two family residential neighborhoods within the City of Ithaca, and WHEREAS, the various types of such functional equivalents of a family may present differing and unique impacts on single and two family residential neighborhoods for the purpose of zoning con- siderations; now, therefore, be it we RESOLVED, by the Common Council of the City of Ithaca, New York, as follows: ORDINANCE NO. 86- AN ORDINANCE AMENDING 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: -S- December 3, 198673 City Atty. Nash responded that the building has not been occupied for a number of years. Efforts to find an individual to take over the grant responsibilities and operate it according to the ARC grant failed last spring with Mr. Ciaschi. No other person has expressed interest in assuming those grant responsibilities in operating the Strand. There has been some interest from the community to operate the building in another fashion. He said his office has been in contact with the representatives of ARC to see what their feelings are at this point. Obviously they, like the city, are concerned that the project does not seem to be able to go forward. He said it seems to him at this time that there is some willingness on their part to accept the fact that the city wishes to move in that fashion, that the Strand cannot be operated according to the grant responsibilities, that some arrangement could be worked into termi- nating those and free up the building for other uses. He said there have been no taxes paid on it for S years. The county had moved it for tax foreclosure but have agreed to separate it from the rest of the properties and hold it out for the time being. He said he thinks probably council and the IURA at some point are going to have to concern themselves with the decision of whether or not it makes sense to try to operate it under grant responsibilities or terminate it in some fashion acceptable to ARC. At this point there is nothing definite as far as a proposal but probably it would take something LO like a public sale, public bidding procedure to satisfy ARC to = generate as much funds as possible to pay off what is owed under the m grant and what is owed in taxes on it. Q CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amendin Chapter 30 - Modification of Section 30.3, 30.2S and 30.26 of the City of Ithaca Municipal Code (Rezoning and Fa�mil�� By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the definition of "family" within the City of Ithaca Zoning Ordinance has heretofore been limited to groups of persons related by blood, marriage or adoption, and WHEREAS, the New York State Court of Appeals has recognized that there are certain groups of persons living together in the same dwelling unit who are unrelated yet are the functional equivalent of a traditional "family" for the purposes of zoning restrictions, and WHEREAS, there are certain areas within the City of Ithaca which should be preserved as quiet, low density, single family or two family residential neighborhoods, and WHEREAS, the presence of groups of persons which are the functional equivalent of a traditional "family" is not inconsistent with the goals of low density residential zoning within the City of Ithaca, and WHEREAS, the Common Council of the City of Ithaca wishes to accommodate such functional equivalents of a traditional "family" while still preserving the characteristics of single and two family residential neighborhoods within the City of Ithaca, and WHEREAS, the various types of such functional equivalents of a family may present differing and unique impacts on single and two family residential neighborhoods for the purpose of zoning con- siderations; now, therefore, be it we RESOLVED, by the Common Council of the City of Ithaca, New York, as follows: ORDINANCE NO. 86- AN ORDINANCE AMENDING 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: 74 -6- December 3, 1986 Section 1. That paragraph 28 of subdivision (B) entitled "Specific terms or words" of Section 30.3 entitled "Definitions" of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code is hereby re- numbered as Section 30.3 (B) 28 -a. _ Section 2. That a new subparagraph of subdivision B of Section 30.3 entitled "Definitions" of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code is hereby added and shall read as follows: "28 -b. "Functional Family Unit" shall mean a group of individuals living to et er in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential-neighborhoods. a. In determining whether or not a group of unrelated indi- vi uals is a functional family unit un er t e e inition set fort above, t e following criteria must e present: 1. The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit. 2. The household must have stability with respect to the purpose of t e zoning ordinance. Evidence of such stability may include the following: i. the presence of minor, dependent children regularly residinv in the Rouse of ; ii. proof of the sharing of expenses for food, rent or owners Hip costs, utilities and other household ex- penses and sharing in Ile preparation, storage and consumption of food. iii. whether or not different members of the household have the same address for the purposes of: voter registration; river s license; motor vehicle registration; summer or other residences; cling of taxes. iv. common ownership of furniture and appliances among t e members of t e household. V. enrollment of dependent children in local schools. vi, employment of householders in the local area. vii. a showing that the household has been living together as a unit for a year or more; whether in the current welling unit or other dwelling units. viii. any other factor reasonably related to whether or not the group of persons is the functional equiva- lent-of a family. b. A group of individuals living in the same dwelling unit shall be presumed not to be a Functional Family Unit as efined in this section if such dwelling unit contains four or more college students over the age of 10 years. i. A college student is a person who attends at least half time any college, university or other institu- tion autTi—nrized to confer egrees by the State o New Yor . -7- 75 December 3, 1986 ii. For the purpose of this presumption, minor dependent children of any other member of the ouse old shall e excluded in calculating t e num er of college students in the ftousehold. C. A group of individuals living together in the same dwelling unit shall be presumed not to be a Functional Family Unit as defined in this section if it is occupied by four or more adults over the age of 18 years and is not occupied by minor, dependent children. (Woo, d. The presumptions set forth in sections (b) and (c) above may e rebutted by sufficient evidence of t e c aracter- istics set forth in section a a ove." Section 3. Section numbered 30.26 (C) entitled "Special Permits" shall be amended to add a new section numbered Section 30.26 (C) 1 (n) which shall read as follows: "5. Uses [7 -9] 7 -10 under R -I." C. Item 12 in Column 2, row R -3 containing a list of permitted primary uses for an R -3 district is hereby amended to delete the words "7 and 8" and replace them with the words "7 -10" to read as follows: "12. Uses [7 and 8] 7 -10 under R -1." d. Item 10 in Column 2, row R -U containing a list of permitted primary uses for an R -U district is hereby amended to delete the words "7 -9" and replace them with the words "7 -1.0" to read as follows: "10. Uses [7 -9] 7 -10 under R -1." Section S. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in (60000, Section 3.11 (B) of the Ithaca City Charter. Alderperson Schlather addressed the council concerning the proposed ordinance as follows: "This particular ordinance, in conjunction with the existing zoning, does nothing to change the density factors of neighborhoods, and it does nothing to intrude upon the right of individuals in small groups to live a private life without intrusion by government. Specifically, in R -1 zones today 1, 2, and if owner occupied, 3 unrelated adults may live in a home. In R -2 zones 1, 2 and 3 unrelated adults may live in a home. Those rights will continue. Those are "as of right" designations; they are not changed "n. Residential occupancy by a Functional Family Unit in all districts to the same extent that residential occupancy without a d- special permit is permitted by a family in all districts." LO Section 4. Column 2 of the District Regulations Chart, as made part of Chapter 30 of the City of Ithaca Municipal Code by Section M numbered 30.25 entitled "District Regulations," is hereby amended Q as follows: a. Column 2, row R -1 containing a list of permitted primary uses for an R -1 district is hereby amended to add a new item numbered "10" which shall read as follows: "10. Functional Family Units without any additional occupants (see definition Section 30.3 and special permit Section-3T 326) (wool, b. Item 5 in Column 2, row R -2 containing a list of permitted primary uses for an R -2 district is hereby amended to delete the words "7 -9" and replace them with the words "7 -10" to read as follows: "5. Uses [7 -9] 7 -10 under R -I." C. Item 12 in Column 2, row R -3 containing a list of permitted primary uses for an R -3 district is hereby amended to delete the words "7 and 8" and replace them with the words "7 -10" to read as follows: "12. Uses [7 and 8] 7 -10 under R -1." d. Item 10 in Column 2, row R -U containing a list of permitted primary uses for an R -U district is hereby amended to delete the words "7 -9" and replace them with the words "7 -1.0" to read as follows: "10. Uses [7 -9] 7 -10 under R -1." Section S. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in (60000, Section 3.11 (B) of the Ithaca City Charter. Alderperson Schlather addressed the council concerning the proposed ordinance as follows: "This particular ordinance, in conjunction with the existing zoning, does nothing to change the density factors of neighborhoods, and it does nothing to intrude upon the right of individuals in small groups to live a private life without intrusion by government. Specifically, in R -1 zones today 1, 2, and if owner occupied, 3 unrelated adults may live in a home. In R -2 zones 1, 2 and 3 unrelated adults may live in a home. Those rights will continue. Those are "as of right" designations; they are not changed '7 f� -8- December 3, 1986 by this law. All this law does, and I call it a density neutral law, is expand our definition of family beyond the traditional perimeters of blood lines to what we call functional family units. It simply says that in certain areas where you-may wish to have more than 3 unrelated adults who wish to live in that particular area, then they simply have to establish that they are what is called a functional family equivalent. It is no different than what they have to do now; indeed it is more generous than what is now expected because today in a R -1 zone whenever there are 4 unrelated adults living in a R -1 zone, they are living there without the blessing of our code. In other words they are in violation of our law. You just can't do it. All this is doing is attempting to satisfy the requirements of McMinn. within the context of our existing zoning. More importantly, we cannot act on this this evening. The reason is because we had requested from the Planning Department a environmental review which we have to have in connection with all zoning changes and though there was an acknowledgment of this request it has not been forthcoming and therefore we cannot act without first completing our environmental review. It was anticipated that we would be acting on a resolution of negative declaration but we don't have that here this evening and therefore we cannot act on the ordinance itself. We have had the public hearing and also there are a couple of technical amendments that have to be included which I will spread on the record for you. Other than that we cannot act this evening without first acting on the environmental review requirements of SEQR and the City Environmental Quality Review Act." Alderperson Schlather explained that the Planning Board and the Planning Department were represented in the discussions pertinent to the fashioning of this ordinance. Jon Meigs was with the committee from the start, working with Tom Hoard and Paul Bennett to fashion the ordinance. He said if the Planning Committee wishes to review this it is fine but it is really not a planning function. The committee is making a density neutral decision to conform our law with what the Court of Appeals has directed us to make it to be. Alderperson Cummings responded that the Planning Committee will look at the ordinance at their meeting of December 17th. Discussion followed on the floor. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the proposed change to the zoning ordinance be tabled, with concurrent referral to the Planning Committee. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Farmers' Mar et By Al erperson Cummings: Seconded by Alderperson Haine WHEREAS, an analysis and design study is required for further evaluation of the feasibility of the water and sewage treatment plant site at Franklin Street for future use by the Ithaca Farmers' Market (IFM), and WHEREAS, a preliminary application has been made to the New York State Council on the Arts (NYSCA) for $15,000 to cover the cost of such a design study, and WHEREAS, the IFM has allocated $1,000 in matching funds toward said study; now, therefore, be it RESOLVED, That Common Council authorizes submission of a final application to the New York State Council on the Arts. Discussion followed on the floor. Alderperson Killeen made reference to a letter dated November 7, 1986 from H. M. Van Cort to Robert Leathers, who has been selected as the Design Consultant, which indicated that "A report on the appropriateness of the site for Farmers' Market use be made to the City and IFM Board at the close of should be aware that neither Common to this site as yet.)" December 3, 1986 77 Phase I of the study. (You Council nor the IFNI has committed It was also noted that Council is simply applying for the NYSCA Grant and if the City does not receive the grant the Design Consultant will not be hired. A vote on the resolution resulted as follows: Ayes (9) - Booth, Cummings, Dennis, Haine, Killeen, Lytel, (400,( Peterson, Romanowski, Schlather Nay (1) - Hoffman Carried BUDGET AND ADMINISTRATION COMMITTEE: Youth Bureau Authorized E ui ment List By Alderperson Dennis: Secon ed y Alderperson Schlather RESOLVED, That the 1986 Authorized Equipment List for the Youth Bureau be amended to include the purchase of hockey goals, at a cost not to exceed $1,SS0, as requested by the Youth Bureau Director, and be it further LD RESOLVED, That an amount not to exceed $l,SSO be transferred from Contingency Account A1990 to Youth Bureau Account A7310 -225, Other M Equipment. Q Carried Unanimously Youth Bureau Transition -to -Work Program By Alderperson Dennis: beconded by Alderperson Schlather WHEREAS, the City of Ithaca is about to submit an application for a Transition -to -Work 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 100% reimbursement of funds expended limited to $10,000 on said project, with one -third advance payment being (600" made by January 1987; now, therefore, be it RESOLVED, That said application is in all respects approved and the City is authorized to duly execute and present said application to the New York Division for Youth for its approval, and be it further RESOLVED, That this resolution shall take effect January 1, 1987. Carried Unanimously Audit By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the bills presented, as listed on Audit Abstract #22/1986, in the total amount of $9,616.81, be approved for payment. Carried Unanimously Federal Section 18 Operating Subsidy By Alderperson Dennis: Secon ed y Alderperson Schlather WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended, for a project to provide operating assistance funds for partly two adjoin- ing municipalities, provided by the City of Ithaca Transit System for fixed route, scheduled, open and available to the general public during the periods January 1, 1986 to December 31, 1986 (PIN 3796.15.406), and January 1, 1987 to December 31, 1987 (PIN 3796.16.406); now, therefore, be it RESOLVED, That Mayor John C. Gutenberger be authorized to sign the agreement(s) between the City of Ithaca and State of New York for the above named projects, which is attached hereto and made a part of this resolution, and be it further RESOLVED, That Mayor John C. Gutenberger is authorized to act on behalf of the City of Ithaca to proceed and complete the above named projects. Carried Unanimously 78 _10_ December 3, 1986 Enclosure with 1987 Tax Bills By Al erperson Dennis: Seconded by Alderperson Schlather WHEREAS, the New York State Division of Ec {ualization and Assessment requires that all tax collecting officers in the State include with each tax bill a notice that certain -taxpayers may designate an adult third party to receive duplicate copies of tax bills and notices of unpaid taxes, and WHEREAS, it is necessary for Common Council to approve all enclosures; now, therefore, be it RESOLVED, That this Common Council authorizes the enclosure, as required by the New York State Division the 1987gCityzof1Ithaca t1Xess- ment, with the first installment bills. Carried Unanimously Exemption for the Aged By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, the New York State Legislature has amended the Real Property Tax Law to permit municipalities to set income eligibility at any level between three thousand dollars and twelve thousand twenty -five dollars for homeowners aged 6S and over who qualify in other respects; now, therefore, be it RESOLVED, That the Budget and Administration Committee of Common Council approves the increase of the partial exemption for persons whose present income ceiling is now ten thousand five hundred dollars to twelve thousand twenty -five dollars, and be it further RESOLVED, That this matter be referred to the Charter and Ordinance Committee for amendment of the City of Ithaca arMuicipal C Code . Ado tion of 1987 Budget By Al erperson Dennis: Seconded by Alderperson Cummings WHEREAS, this Common Council has reviewed the Executive Budget as proposed by Mayor John C. Gutenberger, and the Budget and Administra- tion Committee recommendations, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues are adequate for the operation of the City for 1987; now, therefore, be it RESOLVED, That the City of Ithaca Budget for 1987, in the total amount of $22,073,787 be approved, and be it further RESOLVED, That the following sections of the 1987 Budget be approved: (A) General Fund Appropriations (B) Revenue Sharing Fund Appropriations (C) Water Fund Appropriations (D) Sewer Fund Appropriations (E) Joint Activity Fund Appropriations (F) Commons Assessment Fund Appropriations (G) General Fund Revenues (H) Revenue Sharing Fund Revenues (I) Water Fund Revenues (J) Sewer Fund Revenues (K) Joint Activity Fund Revenues (L) Commons Assessment Fund Revenues (M) Debt Retirement Schedule (N) Capital Projects (0) Schedule of Salaries and Positions - General Fund (P) Schedule of Salaries and Positions - Water and Sewer Fund (Q) Schedule of Salaries and Positions - Joint Activity Fund (R) Authorized Equipment Purchases - General Fund (S) Authorized Equipment Purchases - Revenue Sharing Fund (T) Authorized Equipment Purchases - Water and Sewer Fund Alderperson Dennis explained briefly how the budget was arrived at. -11- December 3, 198679 Mayor Gutenberger expressed thanks to Alderperson Dennis, Controller Spano and Dep. Controller Cafferillo and staff and to all Council persons for the months of work that led into the preparation of the budget. Amending Resolution By Alderperson Dennis: Seconded by Alderperson Booth RESOLVED, That the $7,000 Chamber of Commerce money be put back into the budget. Amending Resolution By Alderperson Killeen RESOLVED, That $3,500 be put into the budget for the Chamber of Commerce. The motion failed for lack of a second. A vote on the original amendment resulted as follows: Ayes (6) - Booth, Cummings, Haine, Dennis, Peterson, Romanowski Nays (4) - Schlather, I.ytel, Killeen, Hoffman Iq Carried Lo Amending Resolution By Alderperson Dennis: Seconded by Alderperson Cummings M RESOLVED, That the $45,000 in the Planning Department budget for an Economic Development Study be placed in the "Restricted Q Contingency" fund. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (4) - Lytel, Cummings, Dennis, Killeen Nays (6) - Booth, Haine, Hoffman, Peterson, Romanowski, Schlather Motion Defeated Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That $45,000 be stricken from the Planning Department Budget for the Economic Development Plan. Amending Resolution By Alderperson Killeen RESOLVED, That $30,000 be left in the Planning Budget for Strategic Economic Development Plan. The motion failed for lack of a second. Discussion followed on the floor. Amending Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That $25,000 be left in the Planning Budget for Strategic Economic Development Plan in "Restricted Contingency." A vote on the amendment resulted as follows: Ayes (5) - Lytel, Cummings, Killeen, Peterson, Dennis Nays (5) - Schlather, Booth, Haine, Romanowski, Hoffman Mayor Gutenberger broke the tie by voting Aye. Carried Alderperson Schlather asked, as a point of information, if the Mayor has the right to vote on amendments or only on the main motion. City Atty. Nash responded that Section 3.3 Procedure of Meetings reads that the Mayor shall cast a vote only when other members are tied. A vote on the main motion as amended resulted as follows: Ayes (5) - Lytel, Cummings, Killeen, Peterson, Dennis Nays (5) - Schlather, Booth, Haine, Romanowski, Hoffman Mayor Gutenberger broke the tie by voting Aye. Carried -12- December 3, 1986 Storm Sewer Recommendation By Al erperson Dennis: Seconded by Alderperson Killeen RESOLVED, That 1 maintainer, 1 truck driver, 3 seasonal employees and 1 truck be added to the Departme-nt of Public Works Storm Sewer Account as recommended by the Board of Public Works and Mayor Gutenberger. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Cummings, Dennis, Haine, Hoffman, Killeen, Lytel, Peterson, Romanowski Nays (2) - Schlather, Booth Carried Parks and Forestry Budget By Alderperson Cummings. Seconded by Alderperson Dennis RESOLVED, That $S,S00 hourly and part -time workers item be restored to the Parks and Forestry budget. Ayes (4) - Lytel, Cummings, Haine, Dennis Nays (6) - Hoffman, Killeen, Peterson, Romanowski, Schlather, Booth Motion Defeated The question of the adoption of the foregoing resolution, as amended, was duly put to a vote on roll call, which resulted as follows: Hoffman Aye Aye Killeen Cummings Aye Aye Lytel Haine Aye Peterson Aye Booth Aye Dennis Aye Romanowski Aye Schlather Nay Ayes - 9 Nay - 1 Carried Adoption of 1987 Tax Rate y Alderperson Killeen By Alderperson Dennis: Seconded b WHEREAS, the 1987 City of Ithaca Budget was approved, adopted and confirmed, in the total amount of $22,073,787, on December 3, 1986, in accordance with a detailed budget statement on file in the office of the City Controller, and WHEREAS, available and estimated revenues total $17,180,652, leaving $4,893,135 as the amount to be raised by taxation, and WHEREAS, the Assessment Poll for Assessment Department of Tompkins approved and shows the total net and 1987, certified and filed by the County, has been footed and taxable valuation as $309,692,061, WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $7,623,069 for 1987; now, therefore, be it RESOLVED, That the Tax Rate for general purposes, for the fiscal year 1987, be, and the same hereby is, established and fixed at $15.80 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 1987 Tax Roll, thereby making a total tax levy as near as may be, of $4,893,135, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $15.80 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the -13- December 3, 1986 8 1 completion of the extension of sald Roll, the City Clerk shall prepare a warrant on the City Chamberlain, for the collection of said levy; and the Mayor and City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectable in accordance with provisions of the (400, City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $22,073,787 be appropriated in accordance with the Budget adopted, to the respective boards, offices and departments of the City, for the purposes respectively set forth therein. The 1987 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Valuation of Land $ 84,325,150 �. Valuation of Buildings S16,4S9,17S Total Value of Real Property $600,784,325 Less: Value of Exempt Property 309,601,463 (S1.S3o) $291,182,862 Q Plus: Value of Special Franchises 18,509,199 Net Value of Taxable Property $309,692,061 Amending Resolution By Al erperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Tax Rate for the year 1987 be established at $15.60 per $1,000 of Taxable Valuation, thereby making a total tax levy percent increase of S.41. A vote on the amendment resulted as follows: Ayes (5) - Schlather, Romanowski, Booth, Peterson, Hoffman Nays (S) - Lytel, Haine, Killeen, Cummings, Dennis Mayor Gutenberger broke the tie by voting Nay. Motion Defeated A vote on the main motion resulted as follows: Ayes (9) - Romanowski, Cummings, Lytel, Dennis, Booth, Haine, Killeen, Peterson, Hoffman Nay (1) - Schlather Carried City Engineer By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That the 1986 salary for the City Engineer be established at $39,81.0, effective December 15, 1986, as requested by the Superintendent of Public Works. Carried Unanimously Alderperson Dennis thanked Joe Spano, Dominick Cafferillo and Jean Hankinson, as well as the council persons who attended the meetings to participate in putting the budget together. HUMAN SERVICES COMMITTEE: Fire Police By Alderperson Peterson: Seconded by Alderperson Killeen WHEREAS, the Board of Fire Commissioners and the Fire Chief have recommended redesignating the position of "fire patrol" to fire police, and WHEREAS, this change is only one of title and not of function; now, therefore, be it 82 -14- December 3, 1986 RESOLVED, That the Fire Chief be authorized to appoint members of the fire department as fire police, pursuant to Section 209 -c of the General Municipal Law. Carried Unanimously Human Services Coalition Work Plan for 1987 By Al erperson Peterson: Seconded y Al erperson Killeen WHEREAS, the City of. Ithaca is funding the Hunan Services Coalition in 1987, and WHEREAS, the Coalition assists funders on various projects as requested; now, therefore, be it RESOLVED, That the Common Council adopt the following as the 1987 Human Services Coalition Work Plan: 1. Funding request review, with an emphasis on coordination of requests from the major funders 2. Recreational facilities' needs 3. Drop -in Center - technical assistance Carried Unanimously Department Heads Performance Evaluations Resolution To Lift from Ta le By Al erperson Peterson: Seconded by Alderperson Killeen RESOLVED, That the Department Head Performance Evaluation System be lifted from the table. Carried Unanimously Resolution By Alderperson Peterson: Seconded by Alderperson Romanowski WHEREAS, the Human Services Committee was requested by the Common Council to devise a method for evaluating job performance of management personnel in the City of Ithaca, and WHEREAS, an evaluation system can be valuable in providing feed- back to an employee, setting up goals, and objectives, and pro- viding accountability of adequate job performance, and WHEREAS, information was gathered from other municipalities and input was sought from department heads and other management personnel; now, therefore, be it RESOLVED, That the document be adopted by the City of Ithaca as the Department Head Performance Evaluation System. (A copy of the Performance Evaluation form is attached to the November minutes in the Official Minute Book.) Amending Resolution By Alderperson Peterson: Seconded by Alderperson Romanowski RESOLVED, That Items 10A and 10B on page 4 be amended to read as follows: 1110. A. For the City Controller, Personnel Administrator, Super- intendent of Public Works and Purchasing Agent, the "appropriate committee" means the Budget and Administration Committee. 10. B. For the Director of Planning and Development and the Building Commissioner the "appropriate committee" means the Planning and Development Committee." Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (4) - Schlather, Romanowski, Dennis, Booth Nays (6) - Hoffman, Lytel, I-Iaine, Killeen, Cummings, Peterson Motion Defeated Iq LO co Q -15- December 3, 1986 Mayor Gutenberger requested that an amendment be offered to include the Cultural Coordinator /Commons Coordinator in the evaluation process. Discussion followed on the floor. Alderperson Killeen moved to strike involvement of the council committees from the evaluation. The motion received no second. Alderperson Lytel moved to include the Cultural Coordinator /Commons Coordinator in the evaluation process. The motion received no second. After further discussion a vote on the main motion resulted as follows: Carried Unanimously Housin Problems for the Needy and Mentall Disabled Alderperson Peterson reported briefly on the issue, mentioning that the Ithaca Times had printed an article on problems of the needy. She also reported that HOMES is making a proposal to build a facility for people who don't seem to fit into existing state facilities. She said that Alderperson Booth had concerns from reading about needs of the lower income groups and the hungry in larger cities, a condition which eventually will probably hit Ithaca too. She asked council to be thinking about the problem and what can be done about it. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending C apter S5 Entitled "Fire Regulations" of the City of Ithaca Munici. al Code By Alderperson Sc lat er: Seconded by Alderperson Booth ORDINANCE NO. 86- AN ORDINANCE AMENDING CHAPTER 55 ENTITLED "FIRE REGULATIONS" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 55.11 of Article II entitled "Adoption of Fire Prevention Code" is hereby amended to read as follows: "S 55.11 Adoption of Fire Prevention Code There is hereby adopted by the Common Council of the City of Ithaca of the County of Tompkins and State of New York, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that version of a certain code in effect on January 1, 1984 known as Chapter C entitled "Fire Prevention" of the New York State Uniform Fire Prevention and Building Code and the version of the accompanying standards of that code in effect on January 1, 1984, the pro- visions of which shall be controlling within the limits of the City of Ithaca and shall apply regardless of the date of construction of any such building affected thereby." Section 2. The City Clerk is directed to keep on file in the City Clerk's Office at least one copy of such code and a copy of such code shall be made part of the Official Record filed in' the City Clerk's Office. Section 3. The Mayor of the City of Ithaca shall notify the New York State Fire Prevention and Building Code Council within thirty days of the effective date of this ordinance of its enact- ment pursuant to New York Executive Law Section 379. Section 4. 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. Carried Unanimously ;0] i, I 16- December 3, 1986 Election District Boundaries By Al erperson Schlat er: Seconded by Alderperson Romanowski WHEREAS, the Common Council by resolution did adopt as its new ward map and the election districts — therein the proposed ward map of the City of Ithaca dated May 1985; and WHEREAS, after review, the New York State Legislative Task Force on Demographic Research and Reapportionment did recommend further changes and modifications to the election districts set forth in said ward map; and WHEREAS, after further consultation and study by the Charter and Ordinance Committee of the Common Council there has been proposed certain amendments to the ward map dated May 1985; therefore, be it RESOLVED, That this Common Council does herewith amend the ward map of the City of Ithaca dated May 1985 in the following respects: In the first ward, the boundary between election district one and election district three shall commence in the north in the center of the flood control channel at the Octopus and run thence in a southerly direction along the center of the flood control channel to the existing western boundary of election district number two and continuing along said election district boundary along the center of the flood control channel to the southern boundary of the city. In the fifth ward the boundary between the election district number one and election district number two as it runs up the center of New York State Routes 13 and 34 shall continue up the center line of New York State Route 13 to the city boundary on the northeast; and In the fifth ward the boundary between election district number two and election district number four shall run easterly on Tompkins Street to its intersection with Linn Street and there- after southerly on Linn Street to its intersection with Cascadilla Avenue and the fifth ward boundary; all in accord with the recommendations of the Legislative Task Force on Demographic Research and Reapportionment for the State of New York; and it is further RESOLVED, That the Tompkins County Board of Elections be and it is hereby urged to accept the ward map dated May 1985 and election districts specified therein, together with the amendments adopted herein, as the official map and election districts for the City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: PLANNING AND DEVELOPMENT COMMITTEE: Carried Unanimously Aquatic Weed Control (Aid to Localities Project) By Al erperson Cummings: Seconded y Al erperson Haine WHEREAS, the City of Ithaca, herein called the "Municipality ", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the State Contract, herein called the "Project," is desirable, in the public interest, and is required in order to study and /or implement the local project or program, and WHEREAS, under Chapter 53, Section 1, relating to the Local Assistance Budget, as amended by Chapter 886 of the Laws of 1986, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement, and WHEREAS, the Municipality has examined and duly considered Chapter 53, Section 1, relating to the Local Assistance Budget, as amended by Chapter 886 of the Laws of 1986, and deems it to be in the public interest and benefit under this law to enter into a contract therewith; now, therefore, be it (moo" Iq LD _ m Q 1�q_ -17- December 3, 1986 85 RESOLVED, by the Common Council of the City of Ithaca, 1. That the Director of Planning and Development is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information as may be required; 2. That one (1) certified copy of this Resolution be pre- pared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract; 3. That this Resolution take effect immediately. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously East Hill Zoning Alderperson Cummings distributed copies of the East Hill Zoning package. She reported that the Planning and Development Committee would meet on Wednesday, December 17, 1986 at 7:30 p.m. in the Council Chambers to discuss the material, and encouraged all council members to be there, particularly the Charter and Ordinance Committee members. She said they would bring it to Council in January with a resolution calling for a public hearing. The Council will have to vote on it in February. UNFINISHED AND MISCELLANEOUS BUSINESS: National League of Cities Alderperson Lytel reporte on its attendance at the National League of Cities convention which was held in San Antonia, Texas. Two items of particular interest to him were the use of municipal pro- gramming by television to involve citizens in city meetings and city government, and a workshop on potential sources of revenue in university communities, such as 1) amusement tax on entertainment and athletic events, 2) food and beverage sales tax in restaurants, and 3) surface drainage fee. Mr. Lytel also distributed materials to council members. REPORT ON SPECIAL COMMITTEES: Stewart Park Advisory Group Al erperson Killeen reported that T. Neiderkorn had written to the advisory committee early in November asking them to recall that the Master Plan dealt with a wider number of issues than were currently being addressed in discussions on the matter. Specifically, it is more appropriately called the Stewart Park Complex which includes the bird sanctuary, golf course, etc. which should receive some attention. He reported that an attempt at a fourth public informational session by the Stewart Park Advisory Group had been snowed out. However, they were able to meet on December 2 and those who did attend considered it a constructive meeting. There was not a quorum present. He said no money was committed in the budget process to the Stewart Park activity; therefore, there is little likelihood of getting anything done in 1987. fie reported that the Group has not had the opportunity to meet to consider events which have occurred. He doesn't see anything to be gained by putting aside the Stewart Park Master Plan. Discussion followed on the floor. $(i _18- December 3, 1986 UNFINISHED AND MISCELLANEOUS BUSINESS: Re -intro uction of Stewart Par Resolution from Common Council Meetin of Novem er 5, 1 8 - Vetoed by Mayo Gutenberger on November 10, 1986 _ By Al erperson Hoffman: Seconded by Alderperson Romanowski WHEREAS, Common Council on January 2, 1985 adopted the Stewart Park Master Plan as the "official concept plan for that area," and WHEREAS, Common Council on April 2, 1986 approved the expenditure of ¢21,500 for preparation of "design development drawings for Stewart Park," and the city subsequently hired Trowbridge and Trowbridge for this task, and WHEREAS, Trowbridge and Trowbridge expect to continue to work until February 1987 on this project and have scheduled a series of public meetings to present findings and to gather public opinion about the park, and WHEREAS, public involvement in the consideration of the Master Plan has dramatically increased and broadened in scope over the past five months, and many members of the public have expressed great dis- satisfaction with numerous elements of the Master Plan; now, there- fore, be it RESOLVED, That in order to take full advantage of the present avail- ability of the city's consultant, and in recognition of the desire of the public to take an active and ongoing role in determining the future design of Stewart Park, that the Stewart Park Master Plan be set aside to allow continued public discussion and the formulation of alternative design development guidelines by Trowbridge and Trowbridge, and be it further RESOLVED, That the role of Trowbridge and Trowbridge be clarified as follows: 1) The Master Plan may serve as a resource but is not necessarily a guide to or a constraint upon further park planning; 2) The following elements of the Master Plan shall be specifi- cally excluded from further consideration: a. the spine road system and its large bermed, aggregated parking lots b. the off -shore island c. the lighted promenade d. the removal of the duck pond e. the removal of the willow row 3) Any proposed design development should reflect as accurately as possible the expressed concern of the community to restore, preserve, and maintain the character of Stewart Park. Discussion followed on the floor. The question of the adoption of the foregoing resolution, was duly put to a vote on roll call, which resulted as follows: Hoffman Aye Killeen Nay Lytel Aye Cummings Aye Haine Nay Peterson Aye Booth Aye Dennis Nay Romanowski Aye Schlather Aye Ayes - 7 Nays - 3 Carried Iq LO Q �V- -19- December 3, 1986 87 NEW BUSINESS: Building Department/Building Department/Building Code Alderperson Schlather asked for the council's feelings with regard to the Charter and Ordinance Committee holding Public Informational hearings to discuss issues raised by the Building Commissioner which might result in changing or modifying some of his requirements so as to make his job easier and to ensure that there is enforcement of our Building Code as it exists. Discussion followed on the floor. It was suggested that the February Charter and Ordinance meeting might be a good time for the Public Information meeting. ADJOURNMENT: On a motion the meeting adjourned at 11:S8 p.m. Callista F. Paolangeli, City Clerk