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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