HomeMy WebLinkAboutMN-CC-1987-04-01211
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. April 1, 1987
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman,
Killeen, Lytel, Peterson, Romanowski,
Schlather _
OTHERS PRESENT:
(W0001 City Attorney - Nash
City Controller - Spano
Deputy Controller - Cafferillo
City Clerk - Paolangeli
Supt. of Public Works - Dougherty
Fire Chief - Olmstead
Dir., Planning $ Development - Van Cort
Police Chief - Herson
Commons Coordinator - Deming
Building Commissioner - Hoard
Bd. of Representatives - City Rep. Nichols
Lo PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance
m to the American flag.
MINUTES:
Approval of Minutes of February 24, 1987 Meeting
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Minutes of the February 24, 1987 meeting
of Council be approved as published.
Carried Unanimously
Approval of Minutes of March 4, 1987 Meeting
Alderperson Peterson requested the following amendment: on
page 24, line 3 under Recreational Facilities Planning should
read "on recreational facilities in the City of Ithaca, Ithaca
City School District..."
City Clerk Paolangeli distributed a memo requesting correction,
on page 26, of the heading on line 20 to read: "Introduction
of Zoning Ordinance (Section 30.59(C) of Chapter 30) and
Provision for Public Notice and Public Hearing."
Resolution
By Alderperson Killeen: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the March 4, 1987 meeting of
Council be approved as amended and corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An Ordinance Amending Section 30.25 of Chapter
30 Entitled 'Zoning', Amending the District Regulations Chart
- Maximum Building Height
Resolution to Open Public Hearing
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That the public hearing to consider amendment of
(Woo,., Section 30.25 of Chapter 30 Entitled 'Zoning' is declared open.
Carried Unanimously
John Johnson, 946 E. State Street, addressed the Council,
encouraging them to pass the resolution amending building
heights for the B -2b zoning in order to address many of the
issues and have real impact, and to maintain integrity of
the work which has taken place in the past year and a half.
Dan Rudd, 401 Eddy Street and Stephen Binhak, 114 Summit
Avenue, spoke to the Council saying they and other students
were at the meeting again because of their concern with College -
town overdevelopment which affects them. They supported the
passage of the resolution calling for 60' maximum building height.
2 l _2- April 1, 1987
Resolution to Close Public Hearing
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That the public hearing to consider amendment of
Section 30.25 of Chapter 30 is declared closed.
rried Unanimously
Public Hearin - An Ordinance Amending Section 30.59(C) of
Chapter 30 Entitled 'Zoning' - Design Review Board
Resolution to Open Public Hearing
By Alderperson Sc lather: Seconded by Alderperson Booth
RESOLVED, That the public hearing to consider amendment of
Section 30.59 (C) of Chapter 30 Entitled 'Zoning' is declared
open.
Carried Unanimously
Alderperson Schlather explained the reason for the proposed
amendment.
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Lytel
RESOLVED, That the public hearing to consider amendment of
Section 30.59(C) of Chapter 30 is declared closed.
Carried Unanimously
Public Hearing - An Ordinance Amending Chapter 38 Entitled
"Flood Plain Management" of the City of Ithaca Municipal
Code
Resolution to Open Public Hearing
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the public hearing to consider amendment of
Chapter 38 Entitled "Flood Plain Management" is declared open.
Carried Unanimously
Alderperson Schlather explained that the reason for this
amendment is to bring the city ordinance into conformity
with the federal guidelines recently promulgated, the adoption
of which is a necessary prerequisite for the continuation
of flood plain insurance in the city.
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderpe n rso Schlather: Seconded by Alderperson Booth
RESOLVED, That the public hearing to consider amendment of
Chapter 38 Entitled "Flood Plain Management" is declared
closed.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Report of Special Committees and Council Liaisons
Alderperson Booth requested addition of one item. a short
report from the Recycling Task Force.
No Council member objected.
Budget and Administration,Committee
Alderperson Dennis requested addition of Item I, Adoption
of Policy from Labor Management Health Committee.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Stewart Park -
Doria Higgins, 2 Hillcrest Drive, read the following statement
to the Council:
213
-3- April 1, 1987
"I am Doria Higgins speaking for Citizens to Save Stewart
Park, a group that was formed last June, 1986. Since then
we have presented statements representing broad community
views to this Council on four occasions; in August we stated
our view that Stewart Park does not need restructuring; in
October we handed you over 6,000 signatures to a petition
requesting that Stewart Park be properly maintained, restored
and preserved, and that it not be redesigned; in November
we handed you more signatures, bringing the total to well
over 7,000, and we pointed out to you that the Trowbridge
telephone survey paid for by the City, also showed that the
(400e, only change the majority of the community wants at Stewart
Park is better restrooms; in February 1987 we advised you
that public input at the Trowbridge public meetings was being
ignored and was in no way incorporated into his plans though
presumably such incorporation is the purpose of the meetings.
Tonight, regrettably, we feel we must bring up an issue
which has come to our attention during our careful monitoring
of the Stewart Park redesign process. This issue is one
which cannot properly be ignored by people of good conscience- -
d- it concerns the large quantity of inaccurate information
Lo which has been fed, either deliberately or inadvertently,
= to the public about the decision to restructure the park,
and it concerns the way in which this misinformation has
M been used to create the false impression that decisions involved
Q in changing the park have been sanctioned by the community
and are based on community choice and community participation.
It is important to realize that this false information
camouflages the fact that it is the Board of Public Works,
the Mayor, the Department of Planning and Development, and
the Youth Bureau who have been and are the movers behind
these Stewart Park decisions.
(400.1 The determination to redesign Stewart Park was made
by the Board of Public Works, with Planning and Development
concurring, in May (or earlier) 1983. (See attached memo
documenting this, marked "received May 16, 198311).
The original SPAG consisted only of the Mayor, BPW,
P &D and the Youth Bureau (documented by SPAG memo July 1,
attached). In Spetember 1983, this four person group chose
Mr. Niederkorn (PERC) as consultant.
It was not until six (6) months later, by which time
the Niederkorn Plan was well under way, that the enlarged
SPAG, the so- called "citizens' group" was formed and had
its first meeting the last day of February 1984. See "minutes
first meeting" attached for documentation).
And yet, in a September 18th Ithaca Journal article
(see attached) and elsewhere, the Mayor misrepresented these
facts and claimed that a "citizens group" (SPAG) had decided
Stewart park needed to be changed, that a "citizens' group"
decided to hire a consultant, and that a "citizens' group"
chose Tom Niederkorn (PERC) as that consultant.
But, in fact, the decision to redesign Stewart Park
and the hiring of a consultant, contrary to the Mayor's assertion,
was not decided upon by a "citizens' group" but by a small,
four member City Hall group.
This series of inaccuracies did not stop when the Niederkorn
plan was put aside but continued with the Peter Trowbridge
plans. At the March 3, 1987 meeting of SPAG, the Mayor asked
for a vote of approval of the Trowbridge plans despite the
fact that the final plans had not yet been presented. The
only SPAG member present not affiliated with City Hall, Barbara
Ebert of Historic Ithaca, Inc., said she could not in good
conscience vote for or against the plans without further study.
214
-4- April 1, 1987
Because of her firm stand, no vote of approval of the Trowbridge
plans took place but, instead, a vote was taken on a simply
worded question of whether Mr. Trowbridge should or should
not continue to work on his plans for the Park, and the word
approval was specifically deleted from the motion and no
vote of confidence was taken. The vote was for him to continue.
It was, therefore, inaccurate and misleading for the
Common Council liaison to SPAG to report to Common Council,
and I quote from the March minutes, "There was a vote of confidence
in Mr. Trowbridge's work to date, and a vote for him to continue..."
And it was inaccurate for the Mayor to concur with that state -
inent, which he did (on the tape -- though not in the minutes.)
It was inaccurate and misleading for the Superintendent
of BPW to announce publicly, as he did that same week on
WHCU, that "SPAG had approved" the Trowbridge plans.
It was inaccurate and misleading at the March meeting
of Planning and Development Committee for the Chairwoman
to say, as she did, that though there was still disagreement
over the park road system" "the major proportion" of people
were "in agreement" with the Trowbridge plans; and it was
inaccurate and misleading for the Director of PFD to say
at that meeting, as he did, that the "majority of SPAG" had
"approved the Trowbridge plans."
All of this was said with reporters present. To his
credit, the liaison to SPAG, Sean Killeen, at the end of
the PF,D meeting, clearly stated that the March 3 SPAG vote
had been only for Mr. Trowbridge to continue.
This gives us a total of five City Hall officials who
have, in this past month alone, at one time or another,
intentionally or inadvertently, misrepresented the facts
about the SPAG vote so that it incorrectly seemed that a
"citizens' group" had approved the Trowbridge plans. No
matter how one interprets these inaccuracies, they reflect
badly on Common Council.
Finally, we would like to point out that even the enlarged
13 member SPAG is most decidedly not a community group. At
first glance, it might seem so, but a more careful scrutiny
reveals that only three of its 13 members are not affiliated
with City Hall. SPAG is not a "citizens' group." And any
votes it takes will not reflect the wishes of the community,
but of City Hall. The fact is that the decision to change
Stewart Park is not the community's decision or choice. And
the fact that the decision to change Stewart Park is against
the wishes of the community as the Trowbridge telephone survey
and the 7,000 signatures to our petition clearly attest."
Mayor Gutenberger responded to Ms. Higgins as follows:
"I am not going to comment on the inaccuracy of the statement
that you just made. People who serve this community on the
Board of Public Works, the Youth Bureau Advisory Board, Historic
Ithaca, Circle Greenway and the many other layboards that
are involved and represented in the Stewart Park Advisory
Group are people who serve this community on their own time,
get no pay, and for those members to be tied to City Hall
because they are serving their community free of charge is
a disservice to people who serve their community and put
their time and effort into the many layboards that we have -
in this community. You can blast me all you want to because
I get paid for it, but I don't think those people who serve
this community free of charge for many long hours should
be labeled 'City Hall lackeys'."
-5-
April 1, 1987 215
Richard Adams, Manager, Logos Bookstore Emporium, 115 The
Commons, presented the following statement to the Council:
"My name is Richard Adams. I'm the manager of the Logos
Bookstore Emporium at 11S The Commons, and I'm here to address
Agenda Item F under the report from the Charter and Ordinance
Committee. This item pertains to the control of "amplified
sound" on The Commons.
To the degree that is the intent of the Charter and Ordinance
Committee under Agenda Item F to contribute toward creating
�. a pleasant ambience for all on the Ithaca Commons, I applaud
their efforts. However, I would like to point out to Common
LO Council that should they amend the "Ithaca Common rules ",
as proposed under Agenda Item F, they will be taking away
a privilege from the merchant, who has the best interests
Q at heart of maintaining a pleasant atmosphere on The Commons,
while maintaining the very same privilege for the pedestrian
with a boom box. Such an action would be discriminatory
at the worst and just plain foolish at the very least.
Under Subdivision A, sound amplification is permissable to
a distance of 25 feet in any direction by any person or any
number of persons on The Commons proper.
Under the proposed Subdivision B the merchant on The Commons
is prohibited from exercising the same privilege as any other
person on The Commons. That is, no device from inside any
building is allowed to direct sound towards the pedestrian
mall. I would interpret "sound" to mean any sound, be it
pleasant, offensive, quiet or loud. Note, that Subdivision
A not only allows amplified sound on The Commons, but it
is only judged to be too loud if it interferes with conversation
in a zone 25 feet in any direction (a circle of 50 feet diameter).
I fully agree that we must control "sound amplification in
a loud, annoying or offensive manner such that noise from
the device interfere with conversation or with the comfort,
repose, health or safety of others." I do not agree that
we should discriminate against the merchant or resident on
The Commons by putting greater restrictions on him /her than
on other persons on The Commons. Therefore, I would urge
you to amend the proposed Subdivision B to read:
"B. Except by special permit issued by the Commons
Advisory Board, no person shall operate or cause to
be operated any boom box, stereo system, tape recorder,
radio or other device from on or inside any building
on the Ithaca Commons the sound from which is directed
outside towards the pedestrian mall in a loud, annoying
or offensive manner such that noise from the device
interferes with conversation or with the comfort, repose,
health or safety of others within any building or at
a distance of 25 feet or greater."
Adopting my proposed wording for Subdivison B along with
Subdivision A would assure that any offensive sound from
electronic amplified devices would be prohibited in an equal
and just manner from any source and it would not grant the
merchant any greater or any less privilege than it would
any other user of The Commons."
Having owned a business
on The Commons since The Commons
was
well
built and being one
aware that all of
who takes pride in my store, I am
one's senses contribute to one's impressions.
This
holds true outside
of my store as well as inside of
my store.
The Ithaca Commons,
as well as my store, is for
all
of the people. It
is the considerate and courteous thing
for
me to help create a
pleasant ambience on The Commons
and,
frankly, it is also
just plain "good business" to do
SO.
To the degree that is the intent of the Charter and Ordinance
Committee under Agenda Item F to contribute toward creating
�. a pleasant ambience for all on the Ithaca Commons, I applaud
their efforts. However, I would like to point out to Common
LO Council that should they amend the "Ithaca Common rules ",
as proposed under Agenda Item F, they will be taking away
a privilege from the merchant, who has the best interests
Q at heart of maintaining a pleasant atmosphere on The Commons,
while maintaining the very same privilege for the pedestrian
with a boom box. Such an action would be discriminatory
at the worst and just plain foolish at the very least.
Under Subdivision A, sound amplification is permissable to
a distance of 25 feet in any direction by any person or any
number of persons on The Commons proper.
Under the proposed Subdivision B the merchant on The Commons
is prohibited from exercising the same privilege as any other
person on The Commons. That is, no device from inside any
building is allowed to direct sound towards the pedestrian
mall. I would interpret "sound" to mean any sound, be it
pleasant, offensive, quiet or loud. Note, that Subdivision
A not only allows amplified sound on The Commons, but it
is only judged to be too loud if it interferes with conversation
in a zone 25 feet in any direction (a circle of 50 feet diameter).
I fully agree that we must control "sound amplification in
a loud, annoying or offensive manner such that noise from
the device interfere with conversation or with the comfort,
repose, health or safety of others." I do not agree that
we should discriminate against the merchant or resident on
The Commons by putting greater restrictions on him /her than
on other persons on The Commons. Therefore, I would urge
you to amend the proposed Subdivision B to read:
"B. Except by special permit issued by the Commons
Advisory Board, no person shall operate or cause to
be operated any boom box, stereo system, tape recorder,
radio or other device from on or inside any building
on the Ithaca Commons the sound from which is directed
outside towards the pedestrian mall in a loud, annoying
or offensive manner such that noise from the device
interferes with conversation or with the comfort, repose,
health or safety of others within any building or at
a distance of 25 feet or greater."
Adopting my proposed wording for Subdivison B along with
Subdivision A would assure that any offensive sound from
electronic amplified devices would be prohibited in an equal
and just manner from any source and it would not grant the
merchant any greater or any less privilege than it would
any other user of The Commons."
216
-6-
April 1, 1987
Jane Pedersen, 206 Elmwood Avenue, spoke with regard to county
landfill siting. She said the resolution on the agenda is
exactly the kind of thing that a number of the neighborhoods
have been calling for. She suggested that the resolution
be amended to express the concern for impact of these kinds
of environmental, traffic and neighborhood impact assessments,
etc. that they been asking for regardless of what direction
or neighborhood or area we are talking about.
David Jimenez, Fad F Fantasy, I.S4 The Commons, presented
the Mayor with an informal petition signed by 178 customers
who are opposed to any further regulations of sound on The
Commons. He spoke against the regulation of sound on the
Commons, giving the following reasons:
1. We already have a noise ordinance in Ithaca.
2. The proposed ordinance already exists, being in Commons
Rules.
3. The rule itself is repressive.
4. After playing loud rock music he received only 1 complaint
(from a police officer).
S. The Commons supposedly belongs to the citizens of Ithaca.
6. The whole stupid issue wastes the time of the Common
Council and everyone else. He suggested they might better
do something about crime in Ithaca instead of this silly
stuff about the sound on The Commons.
Jean Deming, Commons Coordinator, 108 E. Green Street, referred
an issue from the Commons Advisory Board to the Council.
The owners of Simeon's restaurant have applied for permission
to serve alcoholic beverages on the Commons. The Board feels
they are responsible and hope the Council will take their
request into consideration.
REPORT OF BOARD OF REPRESENTATIVES:
Rep. Nichols reported as follows:
1. The City Grievance Day will take place on May 13, 1987
at the Assessment Office between 3:00 and 6:00 p.m.,
with respect to any city residents who feel their assessment
is incorrect.
2. The new jail is in use and at present the county is boarding
S inmates from Oneida County. She said this will probably
continue to be the case as it is advantageous to the
county. She reported that she had received a report from
the architects that day on possible uses of the space
in the old jail which is part of the city's historic
district.
3. With respect to the county's search for a new landfill
site, that committee will meet again at noon at April
2nd. Some of the confusion which has arisen is that
the engineers numbered the sites but the numbers do not
refer to their preference. The county is eager to find
a site which displaces and distresses the smallest number
of people, that is centrally located, that will not have
adverse impact as far as drainage, and positive impact
as far as land that someone wishes to see used for this
purpose.
In response to Alderperson Booth, Rep. Nichols said the
county is doing test borings with the permission of some
of the landowners. If one of these places turns out to be
appropriate they will present probably 3 sites to the Board
of Representatives to make their choice. If none of these
are appropriate they will move on down the line.
-7- April 1, 1987
4. A contract was made in which the city would not suffer
any financial losses by adding more bus service to the
Biggs Center. Only one run has been very popular of
the half -hour service. The rest of them are doing poorly.
The hourly runs the city had previously are picking up
extra rides. There will be some effort made to renegotiate
that contract so that there is only one extra half -hour
run and the hourly runs will continue as in the past.
S. Aldperson Schlather spoke to Rep. Nichols about the lack
of space for Workers' Compensation hearings. He said
it had come to his attention that the Workers' Compensation
Board has not been able to conduct hearings in the Biggs
Complex for lack of adequate room. They used to hold
these hearings in the Court House and they were kicked
out of there by the county, and asked to hold them at
the Biggs Center where they held them for a while. Then
they were moved into the old hospital and then finally
relegated to a very small room in the basement of the
old hospital. fie said he is now told that that wasn't
adequate and they are no longer holding hearings in Tompkins
�. County. They are looking for another space. He said
this is an incredibly critical forum for people who are
injured in the county. If they cannot have compensation
hearings in this county they have to go either to Owego,
[n Cortland or Elmira for the hearings which are extremely
Q inconvenient for these individuals. He asked what is
going on in the mentality of the county that they are
constantly making it so difficult for these people to
hold hearings.
Rep. Nichols responded that this is the first she has
heard of the problem and she said she would look into
it the following day. She said that the space in the
Biggs Complex is directly controlled by the Planning
and Development Committee of the Board of Representatives
and she is sure they have not heard that this situation
exists.
6. Alderperson Hoffman asked that the City be involved in
the decision of illumination of Ithaca Falls. She responded
that it would be. She said the Board had received a
letter from the League of Women Voters calling attention
to the Ithaca Falls being one of the most attractive
sites in the area with respect to tourism.
COMMUNICAITONS FROM THE MAYOR:
Ithaca Hi ( gfi Hockey Team
Mayor Gutenberger offered congratulations to the Ithaca High
School H®ckey Team for being the State Champions. He said
there will be a recognition dinner on the coming Sunday
at which an appropriate congratulatory message from the City
and Common Council will be presented.
Alderperson Killeen suggested a sign be placed at the entrance
of the city noting they were State Champions. This will
be investigated.
Neighborhood Parking Permit System
Mayor Gutenberger presented the following telegram which
he had sent that day to the Chairman of the Assembly Transpor-
tation Committee:
"TO: Vincent J. Graber, Sr.
Chairman, Assembly Transportation Committee
Room 830
Legislative Office Building
Albany, New York 12248
I again respectfully request your support for Assembly
Bill #3976 which would allow the City of Ithaca to implement
a neighborhood parking permit system. Ithaca has spent much
21'7
218 -8- April 1, 1987
time, effort, and money to address our local parking problem
and #3976 is what we in Ithaca feel is needed to alleviate
existing local conditions. You are Quoted in todays issue
of the Ithaca Journal as being concerned about a possible
statewide mushroom effect if Ithaca is allowed to implement
such a system. If you are correct and there are impacts
statewide, this would indicate there is a statewide problem
and our elected officials in Albany should be taking steps
to address the problem. If, on the other hand, this problem
exists in a relatively small number of communities, why not
allow these communities to address their problem locally?
After all, it is the local officials and residents who daily
must live with their own decisions.
On a personal note, the City of Ithaca's request comes
to you with the full support of Cornell University and upon
the unanimous vote of Common Council (9 Democrats, 1 Republican)
and with the full support of myself (Democrat). We are working
hand in hand with Cornell University to insure adequate parking
for all commuters and residents. It is my sincere request
that you join with Cornell University , the local elected
officials and the residents of the City of Ithaca in supporting
Assembly Bill #3976.
Sincerely,
John C. Gutenberger
Mayor"
MAYOR'S APPOINTMENTS:
Y—outh Bureau Advisory Board
Mayor Gutenberger requested approval of the Council for appoint-
ment of Irene Kiely, 103 Harvard Place, to the Youth Bureau
Advisory Board for a two -year term to expire December 31,
1988.
Resolution
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That this Council approves the appointment of Irene
Kiely to the Youth Bureau Advisory Board for a two -year term
to expire December 31, 1988.
Carried Unanimously
Shade Tree Advisory Committee
Mayor Gutenberger requested approval of the Council for appoint-
ment of Donald Rakow, 402 Hudson Street, and George W. Hudler,
SO4 Hudson Street, to the Shade Tree Advisory Committee for
indefinite terms.
Resolution
By Alderperson Killeen: Seconded by Alderperson Peterson
RESOLVED, That this Council approves the appointment of Donald
Rakow and George W. Hudler to the Shade Tree Advisory Committee
for indefinite terms.
Carried Unanimously
Recycling Task Force
Mayor Gutenberger requested approval of the Council for appoint-
ment of Sherry Login, 628 Stewart AVenue, Denise Barbaret,
102 First Street, and Mike Sobkowiak, 660 Stewart Avenue,
to the Recycling Task Force for indefinite terms.
Resolution
By Alderperson Hoffman: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the appointment of Sherry
Login, Denise Barbaret and Mike Sobkowiak to the Recycling
Task Force for indefinite terms.
Carried Unanimously
-9- April 1, 1987 219
CITY CLERK'S REPORT
Designation of Polling Places for 1987
By Alderperson Schlat er: Seconded by Alderperson Killeen
RESOLVED, That the following be and are hereby designated
as polling places in the City of Ithaca, New York, for the
year 1987, pending approval from the various locations.
CITY ATTORNEY'S REPORT:
Wilcox Press
Alderperson Cummings referred to the previous council meeting
at which Alderperson Booth brought forth some concerns about
getting a second round of decibel readings in regard to Wilcox
Press noises. She asked where we stand on it.
City Atty. Nash responded that he contacted a professor at
Cornell University who subsequently decided he wasn't interested
in pursuing that for us. He referred the city to a sound
manufacturer in Syracuse who, in turn are hopefully going
to get us some people who have experience and background
professionally in this. He said he talked to someone on
Monday at the store outlet to try to get a cost estimate.
American Community Cablevision
Alderperson Schlather asked if there has been anything further
involving action with ACC. Atty. Nash responded that he
had shared with council a draft of our answer. He said he
has also issued third party papers to bring the Federal
Communications Commission into the action since part of the
action challenges their regulations. They have 60 days to
respond.
PLANNING AND DEVELOPMENT COMMITTEE -:
Collegetown Zoning - Building Height
By Alderperson Cummings: Seconded by Alderperson Dennis
ORDINANCE NO. 87 -
I-
AN ORDINANCE AMENDING § 30.25 OF CHAPTER 30 ENTITLED "ZONING"
OF THE CITY OF ITHACA MUNICIPAL. CODE.
FIRST WARD
lst
District
Chestnut Street
Alternative Community
School, former West "
Hill School
2nd
District
800 S. Plain St.
Titus Towers Housing
3rd
District
626 W. State St.
#6 Fire Station
4th
District
300 W. Court St.
G.I.A.C. Building -
5th
District
Chestnut Street
Alternative Community
School former West
Hill School
SECOND WARD
1st
District
300 W. Court St.
G.I.A.C. Building
2nd
District
310 W. Green St.
Central Fire Station
3rd
District
520 Hudson St.
South Hill School
4th
District
310 W. Green St.
Central Fire Station
d-
5th
District
300 W. Court St.
G.I.A.C. Building
THIRD WARD
lst
District
309 College Ave.
#9 Fire Station
2nd
District
Cornell Street
Belle Sherman Annex
3rd
District
Cornell Street
Belle Sherman Annex
Q
FOURTH WARD
1st
District
635 Stewart Ave.
Noyes Center
2nd
District
402 E. State St.
Challenge Industries
3rd
District
309 College Ave.
#9 Fire Station
FIFTH WARD
lst
District
1012 N. Tioga St.
#7 Fire Station
2nd
District
Corner King &
Aurora Sts.
Fall Creek School
3rd
District
309 Highland Road
First Congregational
Church
4th
District
Corner King $
Aurora Sts.
Fall Creek School
Carried Unanimously
CITY ATTORNEY'S REPORT:
Wilcox Press
Alderperson Cummings referred to the previous council meeting
at which Alderperson Booth brought forth some concerns about
getting a second round of decibel readings in regard to Wilcox
Press noises. She asked where we stand on it.
City Atty. Nash responded that he contacted a professor at
Cornell University who subsequently decided he wasn't interested
in pursuing that for us. He referred the city to a sound
manufacturer in Syracuse who, in turn are hopefully going
to get us some people who have experience and background
professionally in this. He said he talked to someone on
Monday at the store outlet to try to get a cost estimate.
American Community Cablevision
Alderperson Schlather asked if there has been anything further
involving action with ACC. Atty. Nash responded that he
had shared with council a draft of our answer. He said he
has also issued third party papers to bring the Federal
Communications Commission into the action since part of the
action challenges their regulations. They have 60 days to
respond.
PLANNING AND DEVELOPMENT COMMITTEE -:
Collegetown Zoning - Building Height
By Alderperson Cummings: Seconded by Alderperson Dennis
ORDINANCE NO. 87 -
I-
AN ORDINANCE AMENDING § 30.25 OF CHAPTER 30 ENTITLED "ZONING"
OF THE CITY OF ITHACA MUNICIPAL. CODE.
220 -10- April 1, 1987
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York, as follows:
SECTION 1. AMENDING THE DISTRICT REGULATIONS CHART OF
SECTION 30.25.
That the regulations for Maximum Building Height in the
B -2b, Business District are hereby amended to read as follows:
Number of Stories: —6
Height in Feet 60
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in § 3.11(B)
of the Ithaca City Charter.
Discussion followed on the floor.
Alderpersons Cummings and Dennis withdrew the resolution
so that the Determination of Non - Significance could be voted
on first.
Collegetown Zoning - B -2b Building Height Limit - Determination
of Non - Significance
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, it is proposed that the maximum permitted height
for buildings in the B -2b zoning district be reduced from
seventy -five feet to sixty feet /six stories, and
WHEREAS, appropriate environmental review of this proposal
has been conducted, including a Short Environmental Assessment
Form (SEAF) and a Long Environmental Assessment Form (LEAF),
and
WHEREAS, based on the environmental review, it appears that
the proposed action will not have a significant effect on
the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, be and it hereby does adopt as its own the findings
and conclusions more fully set forth in the SEAF and LEAF
and makes further findings that this proposed action is beneficial
to the environment, and be it further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action at issue
will not have a significant effect on the environment and
that further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of
this negative declaration and the City Clerk be and she is
hereby directed to file a copy of the same, together with
attachments, in the City Clerk's Office, and forward the
same to any other parties as required by law.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Reintroduction of Collegetown Zoning - Building Height
By Alderperson Cummings: Seconded by Alderperson Dennis
Discussion continued with regard to the number of stories.
Amending Resolution
By Alderperson Romanowski.: Seconded by Alderperson Lytel
RESOLVED, That reference to the number of stories be deleted
from the resolution.
Discussion followed on the floor.
221
- 11 -
April 1, 1987
Alderperson Cummings provided background of the building
height ordinance.
Further discussion followed.
A vote on the amendment resulted as follows:
Ayes (2) - Lytel, Romanowski _
Nays (8) - Booth, Cummings, Dennis, Haine, Hoffman, Killeen,
Peterson, Schlather
Motion Defeated
A vote on the main motion resulted as follows:
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending Chapter U hntitled "Ithaca Commo�is
Rules" of the City of Ithaca Municipal Code
By Aiderperson c at er: Seconded by Alderperson Booth
i—i ORDINANCE NO. 87 -
Iq
LO AN ORDINANCE AMENDING CHAPTER 70 ENTITLED "ITHACA COMMONS
RULES" OF THE CITY OF ITHACA MUNICIPAL CODE.
M BE IT ORDAINED AND ENACTED by the Common Council of the
Q City of Ithaca, New York, as follows:
Section 1. That Chapter 70 entitled "Ithaca Commons Rules"
of the City of Ithaca Municipal Code is amended as follows:
1. That the first paragraph of § 70.18 entitled "Amplified
Sound" shall be identified as Subdivision A as follows:
"A. Except by special permit issued by the Commons Advisory
Board, no person shall operate or cause to be operated on
the Ithaca Commons any boom box, tape recorder, radio or
other device for electroi.c sound amplification in a-loud,
annoying or offensive manner such that noise from the device
interferes with conversation or with the comfort, repose,
health or safety of others within any building or at a distance
of 2S feet or greater."
2. That a new Subdivision to be known and designated as
Subdivision B of § 70.18 entitled "Amplified Sound" to follow
Subdivision A is hereby added to said Chapter to read as
follows:
"B. Except by special permit issued by the Commons Advisory
Board, no person shall operate or cause to be operated any
boom box, stereo system, tape recorder, radio or other device
from on or inside any building on the Ithaca Commons the
sound from which is directed outside towards the Uedestrian
mall."
3. That the third and last paragraph of § 70.18 entitled
"Amplified Sound" shall be identified as Subdivision C, and
is hereby amended to read as follows:
"C. [This prohibition] The provisions of Subparagraphs A
(6wol
and B above shall not apply to emergency warning devices,
sirens, alarms or other devices being used solely for public
safety purposes." [§ 70.18 added Ord #86 -3, 4/2/86.]
Section 2. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in § 3.11 (B) of the Ithaca City Charter.
222 -12- April 1, 1987
Alderperson Schlather commented that he and the committee
wish to work further on the matter and asked that it be referred
back to committee.
Resolution
By Alderperson Romanowski: Seconded by Alderperson Schlather
RESOLVED, That the ordinance amending Chapter 70 "Ithaca
Commons Rules" be referred back to the Charter and Ordinance
Committee for further review.
Ayes (9) - Booth, Cummings, Dennis, Hoffman, Killeen,
Lytel, Peterson, Romanowski, Schlather
Nay (1) - Haine Carried
NEW BUSINESS:
Request for Permission to Serve Alcoholic Beverages on the
Commons (See Section 70.12 of the City of Ithaca Municipal
Code.)
AAl&erperson Schlather explained that § 70.12 requires that
if anyone wishes to sell alcoholic beverages on the Commons
they have to get permission from the Common Council. There
is a corresponding provision in the Open Container Law which
allows an individual to be exempted from the Open Container
regulations by permit from the Mayor as well as authorization
from the ABC Board. Because the Aurora Street side is on
a right -of -way they must also have permission from the Board
of Public Works.
Resolution
By Alderperson Schlather: Seconded by Alderperson Haine
RESOLVED, That the Common Council authorizes Simeon's to
sell alcoholic beverages on The Commons as proposed.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Cummings, Dennis, Hoffman, 1}aine, Killeen,
Lytel, Peterson, Romanowski, Schlather
Nay (1) - Booth
Carried
Recess
Common Council recessed at 9:20 p.m. and reconvened in Regular
Session at 9:40 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
Housing Study
Alderperson Cummings reported that there have been draft
statements of general growth and development and goals. Planning
Board has done three of them and the Planning and Development
Committee did the fourth. She said she will circulate those
draft documents to the entire council and look for input
on them. They will be put into the mail boxes at the end
of this, or beginning of next week.
Conrail Crossing
Alderperson Cummings reported on several components in the
resolution which referred this topic to Planning and Development
Committee.
First of all, there was a request to look into the installation
of crossing gates to see if they would allow faster travel
through town. Staff has referred that back to Conrail, asking
whether or not the track here can carry faster speed - -not
just the condition of the track, but the condition of the
bed, soil on which it sits. She met with Chief Olmstead
on this whole issue and it was his suggestion that we ask
about what sort of speed the rather swampy, bouncy soil would
permit. They are waiting for information on that.
-13- April 1, 1987
The committee discussed the Buffalo Street /Third Street Extension
bypass route and city planning staff is going to be consulting
with the City Attorney on the legality of whether or not we
could establish a route through there.
The committee has been asked to look into the preemptive
signals and it was the opinion of Chief Olmstead that while
they work, they have a limited effect because it requires
a great deal of space to be able to stop one of those trains.
The committee is going to be looking into the cost of the
preemptive signaling systems and direct radio contact systems.
Alderperson Cummings said the major-part of the time was
spent on the fourth item - -going over the table of blockages.
Chief Olmstead has a draft document which he will be putting
together in final form and making available to the committee
with a cover memo - his recorded train times through town
and amount of blockage which those trains have created. According
to his figures there is a blockage of 3 minutes per day (the
time for which the entire West End would be blocked off).
d- There was a lot of discussion about risks - -what sort of health
risk is being posed to the community by this blockage. Also,
the committee talked about emergency medical services and
their ability to provide livfesaving efforts while transporting
[n patients. There was a sense that the percentage of risk
C( may not be as great these days as it had been in the past
with less sophisticated medical techniques and with improved
and more sensitive train scheduling.
The committee also talked about looking for information on
emergency room usage curves to see how that fits into the
scheduling of the trains.
Mayor Gutenberger commented that Alderperson Cummings might
want to touch base with Tom Niederkorn who will be issuing
his report with the month.
Alderperson Hoffman commented that there had been some discussion
about a very small crossing over the track, possibly in the
Clinton Street area. Mayor Gutenberger responded that we
have four similar but slightly different designs that had been
prepared by the city engineer with relative costs. They
were taken to the State who basically said that if we want
to do that it has to be at our own cost, or with special
monies out of Albany.
Alderperson Schlather asked that it become a formal part of
the discussion; lie thinks the point is well made. The price
tag is unfortunately prohibitive but he still asked that
they consider that because there are other funding sources,
including the State and possibly the county.
Environmental Bond Act - Restoration of Historic Buildings
Alderperson Cummings reported that one component in the Environ-
mental Bond Act is monies for municipal park expenses. Final
regulations are not out yet but she gave the following tentative
information: May 31 is the preliminary application deadline;
there is a September notification to applicants if they are
to continue; a November final application deadline and a
March final approval. It appears to be a 50 -50 match business.
She asked for suggestions as to projects which would have
to be done in the city anyway and what the committee should
be considering. There has been some discussion that the
boathouse at Stewart Park is a structure which is severely
deteriorating which we should seek assistance on; also the
GIAC pool. She said there may be a proposal before the council
at the next meeting.
223
224
-14- April 1, 1987
Alderperson Dennis noted that with regard to the SPAG meeting
Margo Clynes who had attended the meeting noted that no vote
to accept the design was taken, only to proceed. There may
be improvements in Stewart Park which would be undertaken
anyway and which may be eligibile for some of the money.
Alderperson Booth asked if the money is being divided between
park acquisitions and restoration projects in municipal parks.
Alderperson Cummings said she didn't know. Alderperson Booth
said we ought to try to identify any priority acquisitions
we can think of as there is a chance of there being some
money to do that.
Alderperson Schlather suggested including request for funds
to either acquire or develop the linear park along the inlet
island which is an integral part of any West End development
project. He also suggested requesting funds in connection
with bikeways that we are proposing in the West End and continuing
to Buttermilk, as well as whatever monies we would need
to make the connection to head out toward Taughannock Park
(the city portion of that).
Mayor Gutenberger suggested including possible extension
and enclosure of Cass Park Rink.
County Landfill Siting
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, the County of Tompkins is now engaged in an extensive
search for an acceptable location for a new sanitary landfill,
and
WHEREAS, the City wishes to cooperate with the County in
this important and difficult undertaking, and
WHEREAS, it is recognized that much of the solid waste traveling
to the landfill will inevitably travel through the City but
that some roads in the City have more capacity to accommodate
this traffic than others; now, therefore, be it
RESOLVED, That the City strongly urges the County to take
into consideration the overwhelming negative impact on life,
safety, health, and neighborhood welfare of those sites for
which Aurora Street is the major access route out of the
City, and be it further
RESOLVED, That the County is urged to select a site which
has adequate highway capacity to and from the City.
Discussion followed on the floor.
Referral Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That the resolution be referred back to committee
for development of a total list of city concerns which we
should be addressing.
Ayes (6) - Booth, Killeen, Schlather, Romanowski, Hoffman,
Peterson
Nays (4) - Dennis, Cummings, Haine, Lytel
Carried
Shade Tree Advisory Committee
Alderperson Cummings reported that the Committee has been
working very hard, a range of students with expertise have
been hired, and the survey is getting underway.
225
-15- April 1, 1987
CHARTER AND ORDINANCE COMMITTEE:
Flood Plain Management Flood Damage Prevention)- Determination
o Non-Significance
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the matter of amending Chapter 38 of the Ithaca
City Municipal Code entitled "Flood Plain Management" so
as to conform the same to recently required federal guidelines
is currently under consideration by this Common Council,
and —
WHEREAS, appropriate environmental review has been conducted,
(�Alwel including the preparation of the Short Environmental Assessment
Form (SEAF), filed in the Clerk's Office, and
WHEREAS, It appears that the proposed action (modification
of existing Flood Plain Management Ordinance so as to conform
to the recently promulgated guidelines) is an "unlisted"
action under the State Environmental Quality Review Act (SEAR),
including the Part 617 regulations thereunder, and may be
a Type 1 action under the City Environmental Quality Review
�--� Act (E.Q.R. § 36.S(B)(S), and
WHEREAS, it appears that the proposed action will not have
LO a significant effect on the environmental, and will further
the ecologically sensitive development of flood prone areas
(n in the City of Ithaca consistent with the federal guidelines
Q recently promulgated; now,therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, be and it hereby does adopt as its own the findings
and conclusions more fully set forth in the attached Short
Environmental Assessment Form, and it is further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and
that further environmental review is unnecessary under the
circumstances, and it is further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachments,
in the City Clerk's Office and forward the same to the Office
of the City Planning Department and any other parties as
required by law.
Carried Unanimously
An Ordinance Amending Chapter 38 Entitled "Flood Plain
Management"
By Alderperson Schlather: Seconded by Alderperson Killeen
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 38 ENTITLED "FLOOD PLAIN
MANAGEMENT" 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:
f
Section I. That Chapter 38 entitled "Flood Plain Management"
of the City of Ithaca Municipal Code is amended as follows:
1. That Chpater 38 entitled "Flood Plain Management"
of the City of Ithaca Municipal Code is hereby amended.
2. That a new Chapter 38 entitled "Flood Damage Prevention"
is hereby added to the City of Ithaca Municipal Code.
(A copy of the amended ordinance may be found in the Official
Minute Book).
Carried Unanimously
220' -16-
Zoning Ordinance Amendment (Adult Da
of Non- Signficance
By Al erperson Schlather: Seconded
WHEREAS, the matter of amending the
to include a definition of Adult Day
Adult Day Care Facility, and related
is currently under consideration by
April 1, 1987
Care) - Determination
by Alderperson Killeen
Zoning Ordinance so as
Care Home and Group
definitions therein,
this Common Council, and
WHEREAS, appropriate environmental -xeview has been conducted,
including the preparation of the Short Environmental Assessment
Form (SEAF), filed in the Clerk's Office, and
WHEREAS, it appears that the proposed action, provision for
Adult Day Care Homes and Facilities within the City of Ithaca
subject to certain zoning restrictions, is an "unlisted"
action under the State Environmental Quality Review Act (SEQR),
including the Part 617 regulations thereunder, and may be
a Type 1 action under the City Environmental Quality Act
(E.Q.R. § 36.5(B)(5), and
WHEREAS, it appears that the proposed action will not have
a significant effect on the environment, and will provide
a much needed opportunity for adult day care consistent with
zoning and socially desirable objectives; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, be and it hereby does adopt as its own the findings
and conclusions more fully set forth in the attached Short
Environmental Assessment Form, and it is further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and
that further environmental review is unnecessary under the
circumstances, and it is further
RESOLVED, That this resolution shall constitute notice of
this negative declaration and the City Clerk be and she is
hereby directed to file a copy of the same, together with
the attachments, in the City Clerk's Office and forward the
same to the Office of the City Planning Department and any
other parties as required by law.
Carried Unanimously
Introduction of Proposed Zoning Ordinance Amendment (Section
30.3, 30.25, 30.26 and 30.37) and Provision for Public Notice
and Public Hearing
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That Ordinance No. 87 - entitled "An Ordinance
Amending Section 30.3, 30.25, 30.26, and 30.37 of Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code"
be and it hereby is, introduced before the Common Council
of the City of Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing
in the matter of the adoption of the aforesaid ordinance
to be held at the Council Chambers, City Hall at 108 East
GreenStreet in the City of Ithaca, New York on Wednesday
the 6th day of May at 7:30 P.M., and be it further
RESOLVED, That the City Clerk give notice of such public
hearing by the publication of a notice in the official news-
paper, specifying the time when and the place where such
public hearing will be held, and in general terms describing
the proposed ordinance. Such notice shall be published once
at least fifteen days prior to the public hearing, and be
it further
RESOLVED, That the City Clerk shall transmit forthwith to
the Board of Planning and Development and to the Tompkins
County Planning Board a true and exact copy of the proposed
ordinance for their reports thereon.
Iq
Lo
F
M
Q
-17- April 1, 1987
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING SECTIONS 30.3, 30.25, 30.26, AND
30.37 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York, as follows:
SECTION 1. AMENDING SECTIONS 30.3, 30.25, 30.26 and 30.37
That Sections 30.3, 30.25, 30.26, and 30.37 are hereby
amended as follows:
§ 30.3 Definitions
B. Specific Terms or Words
Add: 101. "Adult Day Care" shall mean provision of daytime
care to adults whose ability to independently perform
the normal activities of daily life is limited by
age or by physical or other impairment but who do
not require the level of care provided by nursing
homes or medical facilities.
Add: 102. "Adult Day Care Home" shall mean a dwelling
unit in which adult day care is provided to not more
than six (6) adults at one time, by a resident of
the dwelling.
Add: 103. "Group Adult Day Care Facility" shall mean
any habitable structure or habitable part of any structure
in which Adult Day Care is provided.
(a) to more than six (6) adults at one time, or
(b) to more than two (2) adults when such
day care is not conducted by a resident of the facility.
§ 30.25 District Regulations
Line R -1, Col. 3, add 17. Adult Day Care Home.'
Line R -2, Col. 2, revise item 6 to read '6. Nursery school,
child day care center, group adult day care facility.'
Line R -3, Col. 2, revise item 9 to read '9. Nursery school,
child day care center, group adult day care facility.'
§ 30.26 Standards for special conditions and special permits
Add to Subsection C1 'n. Group Adult Day Care Facilities
in R -2 districts.'
227
Add to Subsection C4 'vi. Group Adult Day Care Facilities
in R -2 districts: Applicants
shall furnish information sufficient
to describe the scope of the proposed
activity, including size of building,
number of clientele, operating hours,
off - street parking availability, number
of employees, and proximity to other
Group Adult Day Care Facilities in the
neighborhood. Prior to granting any
Special Permit for such use, the BZA
must find that the activity is
compatible with the character and
quality of the neighborhood in which
it is to be located.'
228 -18- April 1, 1987
§ 30.37 Off- street parkin
Add to chart 'Adult Day Care Home, Group Adult day Care Facility,
1 space for client use, plus 1 space per
two supervisory staff or employees not residing
on the premises.'
SECTION 2. EFFECTIVE DATE. _
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in § 3.11(B)
of the Ithaca City Charter. Carried Unanimously
Endorsement of New York State Public Health Council's Smoking
Regulations - Resolution to Lift from Table
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the Endorsement of New York State Public Health
Council's Smoking Regulations be lifted from the table.
Unanimously
WHEREAS, the New York State Public Health Council has adopted
certain regulations pertaining to smoking, both in public
and private including locations of assemblage, recreation,
work, commerce and public business, and
WHEREAS, these statewide regulations are scheduled to take
effect on or about May 6, 1987, and
WHEREAS, these regulations are consistent with the objectives
of the Ithaca City Common Council in regulating smoking in
the City of Ithaca, and
WHEREAS, by implementation of these regulations statewide
the adoptio.i of parallel regulations within the City of Ithaca
is no longer necessary; now, therefore, be it
RESOLVED, That the Ithaca City Common Council does herewith
formally endorse the regulations of the New York State Public
Health Council as adopted by that body on or about February
7, 1987, effective statewide on or about May 6, 1987, a copy
of which is filed in the City Clerk's Office, and be it further
RESOLVED, That the Ithaca City Common Council does herewith
direct the Ithaca City Clerk to distribute certified copies
of this resolution of endorsement to Gov. Mario Cuomo, State
Senator James Seward and Assemblyman Hugh S.MacNeil, as well
as the New York State Public Health Council.
Discussion followed on the floor.
Mayor Gutenberger expressed conce
the ability of non- elected boards
laws which affect everyone in the
stated that philosophically he is
A vote on the resolution resulted
rn with Common Council endorsing
or commissions passing
State of New York. He
opposed to that.
as follows:
Ayes (9) - Booth, Cummings, Dennis, Hoffman, Killeen,
Lytel, Peterson, Romanowski, Schlather
Nay (1) - Haine Carried
Modification of Chapter 6S Entitled "Public Safety" so as
to Permit Archery on Private Property within the City
By Alderperson Schlather: Secon ed by Alderperson Romanowski
ORDINANCE NO. 87 -
-19- April 1, 1987 229
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY"
OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York, as follows:
Section 1. That Section 65.35 of Chapter 65 entitled
"Public Safety" is amended to read as follows:
§ 65.35 Discharge of firearms, air guns or spring guns
kwooll No person shall discharge any firearm, air gun, spring
gun, sling shot or other instrument or weapon within the
City except in self - denfense or in the discharge of official
duty or during a memorial service or veteran's funeral or
at an indoor rifle range operated under the supervision, guidance
and instruction of a duly commissioned officer or one of
the Armed Forces, including the National Guard and Reserve
Forces, or a duly qualified adult citizen of the United States
who has been granted a certificate as an instructor of small
arms practice issued by one of the Armed Forces of the United
d- States, the Adjutant General of the State, or by the National
Rifle Association of America except as hereinafter provided
in § 65.36.
M Nothing herein shall prevent the use of target archery
Q equipment on private property for stationary target practice
only, provided however, that such equipment be used in a
manner so as not to endanger the life, limb or property of
others.
Except pursuant to the provisions of Section 241.10 of
the Rules and Regulations of the Board of Public Works, no
person shall discharge, fire, or use archery equipment of
(woo., any kind or nature whatsoever upon any public property of
the City of Ithaca. [Para. added Ord. 76 -9, 10/6/76.]
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in § 3.11(B)
of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (5) - Lytel, Dennis, Romanowski, Schlather, Booth
Nays (5) - Cummings, Haine, Killeen, Peterson, Hoffman
Mayor Gutenberger voted Nay, breaking the tie.
Motion Defeated
An Ordinance Amending Section 30.59 (Section 30.59(C) of
Chapter 30 Entitled "Zoning" - Design Review Board
By Alderperson Schlather: seconded by Alderperson Killeen
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING SECTION 30.59(C) OF CHAPTER 30 ENTITLED
"ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York, as follows:
SECTION 1. AMENDING SUBDIVISION C OF SECTION 30.59
That paragraph 1 of Subdivision C of Section 30.59 is
hereby amended to read as follows:
230 -20- April 1, 1987
"All proposals for construction or demolition within the
zones designated B -lb, B -2b, B -2c and C -SU and all zoning
appeals within the zones designated B -lb, B -2b, B -2c and
C -SU shall be referred to the Design Review Board for its
review and recommendation or approval, as applicable immediately
upon receipt by the Building Commissioner. Preliminary plans
for new construction, alteration of an existing structure
or substantial rehabilitation, in accordance with the provisions
of Subdivision D of the Section, shall be referred to the
Design Review Board at the Schematic Design phase. The Building
Commissioner or the Director of Planning and Development
shall refer such plans or proposals to the Design Review
Board immediately upon receipt of such plans. In addition,
any individual or group proposing construction or development
anywhere within the City of Ithaca may request the informal
review and advisory recommendation of the Design Review Board.
The Board of Zoning Appeals may refer applications for Accessory
Apartment Temporary Permits for advice when exterior design
changes are proposed. New or additional front entrances
of accessory apartments must have the approval of the Design
Review Board.
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
HUMAN SERVICES COMMITTEE:
Fun ling Guidelines for Human Service Agency Requests
By Al erperson Peterson: Seconded by Alderperson Booth
WHEREAS, the Human Services Coalition has requested that
the City provide a guideline for funding levels of human
service agency requests by April, 1987, and
WHEREAS, it was noted that the 1988 budget process will be
the first without federal revenue sharing funds to draw from,
making it difficult to know how the city budget will be affected,
and
WHEREAS, THE City also recognizes its commitment to supporting
human services delivery for its citizens; now, therefore,
be it
RESOLVED, That the City will make every effort to approach
the human services funding level of 1987 ($93,946 - including
the allocation to the Human Services Coalition).
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Cummings, Haine, Killeen, Peterson,
Hoffman, Romanowski
Nays (3) - Schlather, Lytel, Dennis
Carried
Human Relations Training - Police
Alderperson Peterson reported that Police Chief Herson presented
the plans he would like to use for Human Relations training.
It has been narrowed down to two options. The committee
reviewed these, and had a substantial discussion on what
training meant. Chief Herson had decided to go with a group
from Bayshore, -a n 'd he is working" with them at this time
to set up the training program for 1987.
Police Staffing Review
Al erperson Peterson reported that discussions are continuing
on this item.
231
-22-
April 1, 1987
City Atty. asked if the increases were promotions and Alderperson
Dennis responded that they were merit raises, and that neither
are covered by a union.
Resolution
By Alderperson Haine: Seconded by Alderperson Killeen
RESOLVED, That Items F and G on the Budget and Administration
agenda, which are salary items, be -discussed in Executive
Session at the end of the meeting.
Carried Unanimously
Rice Associates Contract
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the City hereby agrees to contract with Rice
Associates for assistance in franchise negotiations, at a
cost not to exceed $26,500, and be it further
RESOLVED, That an amount not to exceed $26,500 be transferred
from Account A1990, Contingency to Planning Department Account
A8020 -435, Contractual Services.
Discussion followed on the floor. Alderperson Schlather
(� explained the difference between franchise and ordinance
= which do not overlap, and the difference between evaluation
of the proposal and the financial analysis.
Q A vote on the resolution resulted as follows:
Ayes (7) - Cummings, Lytel, Dennis, Killeen, Haine, Hoffman,
Peterson
Nays (3) - Booth, Romanowski, Schlather
Carried
Labor Management Health Insurance Committee
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the Labor Management Health Insurance Committee
recommends to Common Council the adoption of the following
resolution as the policy of the City of Ithaca:
"RESOLVED, That health insurance rates for employees who
retire prior to July 1, 1987 be fixed at each employee's
respective current rate, and be it further
RESOLVED, That the health insurance rate for any employee
who retires on or after July 1, 1987 be fixed at the then
current established rate, as set by the City's Health
Plan Administrator, which rate may be subject to subsequent
annual adjustment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Request from Youth Bureau for Salary Adjustment
Alderperson Dennis reported that the committee had asked
Personnel Administrator Baker to do a salary survey of the
Youth Bureau salaries in preparation for negotiations which
will commence within a few months. The committee doesn't
(4000� feel they are willing to give an across - the -board increase
for the employees in the Youth Bureau at this time given
the fact that negotiations are coming and it would put the
committee in a pretty bad situation if they were to grant
a 5% increase at this time.
232 -23- April 1, 1987
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Recycling Task Force
Alderperson Booth reported that the committee has drafted
a mandatory recycling ordinance. Actually the draft is written
as an amendment to the Board of Public Works Regulations.
BPW doesn't want to amend their regulations; they want council
to adopt an ordinance and he said he thinks probably that
is the proper thing to do. _
He said the Task Force had some lengthy discussions and have
met twice with the Board of Public Works. A number of people
in City government have a copy of the draft. The Task Force
will go back with the comments they have and prepare a new
draft to send on to the Charter and Ordinance Committee and
to council persons who are not on the committee.
Mayor Gutenberger reported that he had appointed Jack Clynes,
Purchasing Agent, to deal with the markets for recycling
and work with the committee, Lynn Leopold, Barbara Eckstrom
and others.
Salaries of Mayor and Council Persons
Al erperson Dennis reporte t at tie committee will have
recommendations before next Council meeting for salaries
of the Mayor and Council to put in for 1988.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Executive Session
By Al erperson Killeen: Seconded by Alderperson Hoffman
RESOLVED, That the council adjourn into Executive Session
to discuss salaries of personnel.
Carried Unanimously
The Council, which had adjourned into Executive Session at
11:10 P.M. returned to Regular Session at 11:40 P.M.
BUDGET AND ADMINISTRATION COMMITTEE:
Purchasing Agent Salary
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the 1987 salary of John C. Clynes, Purchasing
Agent, be established at $35,294, effective April 6, 1987.
Carried 'Unanimously
Fire Chief Salary
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the 1987 salary of Edward Olmstead, Fire Chief,
be established at $43,029, effective April 6, 1987.
Carried Unanimously
NEW BUSINESS:
Appointment of Search Committee
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Mayor be, and he is, authorized to appoint
a Search Committee in accordance with the Charter provisions
for the position of either City Clerk or Deputy City Clerk
as is appropriate or advisable under the circumstances.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting was adjourned at 11:45 P.M.
allista F. Paolangeli City Cler