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HomeMy WebLinkAboutMN-CC-1987-09-02325 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. September 2, 1987 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Dennis (arrived at 8:10 p.m.) Haine, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller- Spano Deputy City Controller - Cafferillo City Clerk - Paolangeli Supt. of Public Works - Dougherty Director, Planning & Development - Van Cort Fire Chief - Olmstead Personnel Administrator - Baker B.P.W. Commissioners - Reeves, Nichols Building Commissioner - Hoard 2nd Ward Candidate - Dickerson ,q Recycling Coordinator - Leopold Lo Preservation /Neighborhood Planner - Chatterton PLEDGE OF ALLEGIANCE: m Mayor Gutenberger led all present in the Pledge of Allegiance Q to the American flag. MINUTES: Approval of Minutes of August 5, 1987 Meeting By Alderperson Booth: Seconded by Alderperson Killeen ASOLVED, That the Minutes of the August 5, 1987 Common Council Meeting be approved as published. Carried Unanimously ADDITIONS TO THE AGENDA: Charter and Ordinance Committee Alderperson Booth requested an amendment to Items C and D - An Ordinance Amending Title IV of the City of Ithaca Municipal Code by adding a New Chapter 60. He requested that the Chapter number be changed to 69. No Council member objected. Alderperson Schlather stated that the attachment to Item B with reference to the Resolution "Determination of Non - Significance" was, in fact, not attached to the Agenda and that City Clerk Paolangeli had placed the Resolution on the desks of all the Alderpersons, Mayor and City Attorney. Human Services Committee Alderperson Peterson requested the progress made in the search No Council member objected. the addition of a report on for a Police Chief. New Business Alderperson Schlather requested the addition of a resolution directing Rice Associates to file an exemption petition with the Federal Communications Commission allowing the City of Ithaca to regulate basic cable service rates within the City of Ithaca. No Council member objected. Budget and Administration Committee Alderperson Hoffman requested the addition of a report on the Public Hearing with reference to the proposed Bikeway No Council member objected. 32()' -2- September 2, 1987 Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of a brief report from the New Fire Stations Committee. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Presentation of Bric from Ithaca, Michigan Mayor Guten erger introduced to Council members Steve and Frances Vaneck, two young people who have bicycled across the country. The Vanecks presented a brick to Mayor Gutenberger which was a gift from the Mayor of Ithaca, Michigan. The , brick had originally been a part of the Michigan Mayor's furniture store, which store was destroyed by fire. A brief description was given of the route taken by the Vanecks in their trip across the country. Citizens to Save Stewart Park Doria Higgins, 2 Hillcrest Drive, asked Common Council to vote approval of the Landmarks Preservation Commission's proposal to designate Stewart Park, both buildings and grounds as a unit, as a landmark and urged that the existing_layout of grounds and roadways become the accepted model for such preservation. She also requested the formation of a Parks Commission with criteria for membership carefully spelled out and adhered to so that it does not become a committee rubber stamping City Hall decisions. ACC Statement Michael Whitiam, General Manager of American Community Cable - vision, presented the following statement to Common Council: "For the record, my name is Michael Whitiam and I am the General Manager of American Community Cablevision. I'd like to take a few minutes tonight to respond to Common Council's August Sth vote to pass a cable television ordinance and also to deny our franchise renewal proposal. My purpose is to let Council know exactly what we are thinking following your actions of August Sth, and to offer some insight into the directions the franchise renewal process may take during the coming weeks. During the course of my short presentation I want to quickly review the issues that have led to our impasse, restate our primary concerns relating to those issues, and explain to council the options that we see for proceeding toward a final resolution of the franchise renewal process. Before I begin I want to state again that we will continue to work toward a negotiated franchise renewal. We will, however, at the same time take whatever steps we feel are necessary to protect our legal position during the course of this process. Toward that end, we will deliver to the City Planning Office tomorrow a letter formally requesting that the City of Ithaca schedule an administrative hearing to review the facts relating to your decision to reject our proposal. The letter will also include a request to schedule a negotiation session. There are two primary issues that currently divide the City and ACC; The ordinance and the City's decision to pass a City's request for nearly cable television one - quarter of a million dollars in additional capital for the support and development of public access television and two -way data communications. This $240,000 is only an initial capital outlay for this equipment and does not reflect additional capital costs we would incur over the life of a franchise. It also does not reflect the additional costs necessary to provide the services the City feels this equipment would support, costs which will eventually be passed on to customers. 327 -3- September 2, 1987 The ordinance passed last month contains a number of provisions which are unacceptable to American Community Cablevision. Some provisions violate our rights to operate as a business, some violate provisions of the Federal Cable Act, and others simply do not reflect the realities of operating an efficient cable television company. While the City certainly has a right to pass any local ordinance it deems appropriate, this ordinance, coupled with the City's stated intent to have the ordinance fully incorporated into any franchise agreement, presents a significant roadblock to the final resolution of the renewal process. We will not sign a franchise agreement .that incorporates the ordinance as currently written. Further, throughout our meetings with the City's negotiating committee it was made very clear to us that our comments relating to the ordinance were not part of the negotiation process. The City's negotiating committee stated repeatedly that we were merely providing input into the ordinance and that the City would, at its discretion, pass the ordinance in the form it felt most comfortable with. This is troublesome to us given the fact that the vast majority of our time in the negotiation sessions was spent =reviewing language in the ordinance. The issues addressed m by the City's ordinance are part of the negotiations process under the Federal Cable Act. The Cable Act set ground rules Q for both cities and cable operators to work toward negotiated franchise agreements. The City's decision to pass an ordinance indicates an unwillingnessto reach a negotiated agreement and appears to be an attempt to dictate the terms of the renewal. This action clearly violates the spirit of the Cable Act, and it may possibly violate the letter of the Cable Act. When we resume discussions with the City of Ithaca, among our first requests will be a series of revisions to the City's cable television ordinance that would make that ordinance acceptable to us should it be incorporated into a franchise agreement. Our concern with the City's request for additional capital and the associated operating support for public access and • two -way communication system is simple: we have prepared • proposal that balances the City's twin desires for expanded service with its desire for the lowest possible cable prices. The nearly one - quarter of a million dollars initial investment for this equipment that the City has requested, plus the additional expenses that we would incur over the life of the franchise, can do nothing but drive cable prices up. The City has made very strong statements about the importance of public access television and two -way communications to this community, yet the City has refused throughout our dis- cussions to invest any of its own resources into the development of these two areas. We find this particularly troublesome given the fact that franchise fee payments under a new franchise will approach $100,000 in 1989 and will approach $150,000 per year by the end of the franchise term. The City seems to view ACC as a source of continued underwriting for services and capabilities which are within the City government's interest to provide if they are truly needed by the community. Given the City's concern for keeping cable prices as low as possible, I can only suggest and hope that the City reconsider its position and discuss funding some of these additional services through its own resources, if the City views them as important community needs. 328 -4- September 2, 1987 I'd like to take just a moment and explain to you the options that we see for resolving our impasse. First, as I've said, we are willing to work toward a negotiated agreement assuming that the City is prepared to modify its cable television ordinance. Second, we are requesting that the administrative hearing provided for in the Cable Act be scheduled. Third, we are withdrawing our offer to drop the portion of the lawsuit between the City and ACC relating to the payment of refranchising costs. We will move promptly to initiate the legal steps that will bring this issue to trial. This offer was extended in an effort to bring about a prompt and successful conclusion to our negotiations, and such an offer has clearly not been appropriately received. Fourth, we are seriously considering exercising the automatic renewal clause in our current franchise. This clause allows us to extend the expiration date of our franchise until May 1991. Let me explain why we might exercise this option. Our proposal calls for a total rebuild of our system within the City by February 1, 1989. In order to meet that deadline, we must start pre- construction work, including engineering design and utility pole clearances, no later than early November of this year. If we have not reached an agreement by that time, we will have to reconsider our construction timetable and may elect to begin rebuilding our county -wide system in areas outside the City of Ithaca. We could elect to exercise our renewal option in two ways. First, we could exercise the option, withdraw our current proposal, and simply wait until May of 1988 to start the federally - mandated renewal process from scratch. Second, we could exercise the option and continue to negotiate with 1J the City, building a revised construction timetable into our renewal agreement. Finally, we have legal options which our attorneys are currently researching which we may elect to persue. It is most unfortunate that the City and ACC have reached an impasse and that it is necessary to take such strong steps to resolve a dispute. The real loser in this battle is the cable customer in the City. The customer will not receive expanded cable service until the dispute is resolved. Even more important, the customer will pay for the costs of this battle through both the tax dollar and their cable bill. Reasonable expectations for cable service from the City could bring this dispute to a quick resolution." Mobile Hog Dog Vending Louis Cassaniti, Interlaken, New York, asked Common Council to give him approval to add other foods, besides the hot dogs he now sells, to his cart for the remainder of this season, which ends September 30, and an option covering the month of October. He stated that many of his customers have requested that he seek such approval. The addition of other foods would require the use of a gas grill. Resolution By Alderperson Dennis: Seconded by Alderperson Booth RESOLVED, That the request of Louis Cassaniti to add additional foods to his mobile cart, which is presently located on the Commons, be referred to the Commons Advisory Board for review and report back to the Council. Carried Unanimously 329 -S- September 2, 1987 Farmers Market Joseph 0. Ciaschi, owner of Station Restaurant and Valley House; Peter DeGraff, owner of Ithaca Boating Center, 43S Taughannock Boulevard; Joe Barnes, owner of Captains Joe's Reef, 41S Taughannock Boulevard; Mark Zaharis of "Pete's ", 714 West Buffalo Street; and Peter Zaharis of 206 Taughannock Boulevard, all addressed Council on why the Farmers Market should not be allowed to continue at its present Taughannock Boulevard site. They stated they are heavy tax payers, try to keep their respective properties in good condition, but have no rights against the damage that is done by customers of the Farmers Market. The West End merchants are all united (4410W in the feeling that something should be done immediately and that the Farmers Market license should not be renewed at the West End location another year. Mandatory Recycling Ordinance Stanley Podufalski, 613 West Buffalo Street; Gary Jaynes, 61S West Buffalo Street and Neal Howard, a representative of Carey Property Management, 427 N. Cayuga Street, spoke to Council with reference to the problems they will be faced with due to the mandatory recycling ordinance. They stated that students will not bother to sort garbage and the older LO people will have to make additional trips to get their garbage = out in compliance with the ordinance. They felt more research m should be done before the Recycling Ordinance goes into effect. Q Special Assessment District for Collegetown Jason Fane, real estate developer, and Kaaren Hoback, The Travel Center, 119 Dryden Road, addressed Council concerning the proposal for a Special Assessment District to cover part of the costs of the new parking garage that has been built in Collegetown. They questioned the right of the City to form such a District and the logic and policies for doing so inasmuch as the downtown area around the Green Street ramp did not have such an assessment district. She stated that the merchants intend to obtain counsel to determine if they can have this action vacated. Mandatory Recycling Ordinance Maryann Kozak of the Recycling Task Force spoke, urging Council to pass the Mandatory Recycling Ordinance. She stressed the point that landfill sites are very hard to find and that the present landfills should be helped to last as long as possible. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS B.P.W. Commissioner Nichols spoke on the following subjects: Recycling Ordinance The Board of Public Works has endorsed the Recycling Ordinance and the Department is prepared to begin the process of pickup on October 1. He urged the passing of the ordinance at this meeting so that proper information can be given out to the public before the October 1 date. He also urged the passing of the resolution whereby funds will be made available for advertising. No extra fees for violation of the ordinance will be imposed until June 1,1988, so that the public will have a chance to become familiar with what is expected under the ordinance. Stewart Park The Board ot Public Works endorses the designation of the Stewart Park buildings as historic landmarks, but not the grounds. It is expected that in the process of the work of'the Trowbridge Planning and the Stewart Park Advisory Group recommendations will be made for the formation of a Parks Commission and a brief report was given as to the people who will serve on such a Commission, as well as what the duties will entail. Commissioner Nichols urged that any action on the desi.gnatiob of' the grounds as historic landmarks be deferred until the Board and Council can act on the appropriate provisions for a Park Commission. 330 -6- September 2, 1987 Enforcement of Parking Regulations Because of the parking problems in many of the neighborhoods, the present time is an appropriate time to delegate more power to the Department of Public Works for enforcing parking regulations. It is more economical for the Department of Public Works to do this type of enforcement and will give the patrolmen more time to do the jobs they should be doing. Farmers' Market The Board of Public Works will be reviewing the license renewal for the Farmers' Market in November and in view of the problems that are created, especially traffic, in the area of the Market, the problems will have to be dealt with before granting a permit for another year. There was a question and answer discussion concerning the Collegetown Parking Garage and the Farmers' Market. COMMUNICATIONS FROM THE MAYOR: Route 96 Mayor Gutenberger reported that the last information that he had from the State with reference to Route 96 contained the information that the City would have the draft Environmental Impact Statement by late Summer or early Fall. fie called D.O.T. and understands that D.O.T. will finish its internal review of the draft E.I.S. by the end of October of this year. Mayor Gutenberger mentioned the steps that have to be taken before the E.I.S. can be released. It is not likely that anything will be seen on this project until January or February of 1988. MAYOR'S APPOINTMENTS Conservation Advisory Council Mayor Gutenberger requested approval of the appointment of John Wertis, 111 West York Street, to the Conservation Advisory Council, for a term to expire December 31, 1988. Resolution By Alderperson Dennis: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of John Wertis to the Conservation Advisory Council, for a term to expire December 31, 1988. Carried Unanimously CITY ATTORNEY'S REPORT: Subsitun: Parkland Acquistion Process City Attorney Nash stated that it looks like the City,.if it wants to go forward on this project, will have to go through the acquisition process for the substitute park lands. Such process is going to take time because most of the property owners do not agree to a purchase at this time; there are still some disputes over land value. Wilcox Press City Attorney Nash reported that the noise expert had been at Wilcox Press on August 6. He took a lot of readings and tests (up until 9:00 p.m.), recorded the readings and tests and took them with him to analyse. Attorney Nash stated that he does not have a report back as yet and would prefer to wait until he receives it before discussing the matter. American Community Cablevision Alderperson Schlather asked City Attorney Nash whether the City had received a request for an administrative hearing pursuant to the Cable Communications Act. Attorney Nash had not received a written request but was of the opinion, from Michael Whitiam's statement, that Withiam was to deliver it the next day. 19, 19 331 -7- September 2, 1987 Alderperson Schlather stated that it was his recollection that Georgia Griffiths, on behalf of ACC, wrote a letter to the City a couple of years ago, at the beginning of this refranchising process, wherein she made it very clear that the ACC was electing not to exercise its option to renew. Attorney Nash was asked to locate the letter and review it with Thys Van Cort. HUMAN SERVICES COMMITTEE: Human Services Agencies Funding Alderperson Peterson reported that at a meeting a couple of weeks ago the Human Services Committee had looked at seventeen funding requests from Human Service agencies. Each of the agencies had respected Council's wishes in requesting about the same amount of funding as last year. The Committee has reviewed everything carefully and made its recommendations. Alderperson Peterson said at this point the Committee is waiting to see what the County Human Services Committee does by way of ranking of the several agencies requesting funding. The County has a different criteria for ranking than the City does. Persons from Council asked questions regarding �- funding and a future Human Services Funding Plan was briefly LD discussed. Police Chief Selection (n Alderperson Peterson reported that the Special Committee Q appointed to review and search for candidates for the position of Police Chief has been meeting regularly. A very thorough interview process has been set up and help from Council is being requested to find people to help in the interviewing. Full day interviews will be held and included in the interviewing will be representatives from civic associations, neighborhood groups, representatives from the P.B.A., etc., since the position is a far reaching one and assistance is needed throughout the community in analysing the candidates. Alderperson Peterson reported on the schedule that has been set up for interviews, starting Spetember 11th and continuing on Mondays, Wednesdays and Fridays throughout the month of September. Discussion followed amoung the Council people regarding how people doing the interviewing will be picked. Council members aro invited to attend the interviewing sessions. BUDGET AND ADMINISTRATION COMMITTEE: Alderperson's Salary - Local Law - Lift From Table By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the matter of Alderperson's salary - Local Law - be lifted from the table. Carried Unanimously LOCAL LAW NO. BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Establishing the annual salary of the Alderpersons of the City of Ithaca. The annual salary of the Alderpersons of the City of Ithaca is hereby established and set at $6,000 per year, commencing January 1, 1988. Section 2. Effective Date. This Local Law shall take effect immediately upon its being duly filed in the office of the Secretary of State, subject to the provisions of Section twenty -four of the Municipal Home Rule Law. 332 -8- September 2, 1987 The foregoing resolution was duly put to a vote on roll call which resulted as follows: Ayes (6) - Lytel, Haine, Romanowski, Killeen, Cummings, Dennis Nays (4) - Hoffman, Booth, Peterson, Schlather Carried Audit By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #16/19871 in the total amount of $12,765.60, be approved for payment. Carried Unanimously D.P.W. Authorized Equipment List By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1987 Authorized Equipmnet List of the Department of Public Works be amended to include the purchase of a multi - purpose saw, at a cost not to exceed $675.00, as requested by the Board of Public Works, and be it further RESOLVED, That an amount not to exceed $675.00 be transferred within the accounts of the Department of Public Works, from AS111 -215, Motor Vehicles, to A5111 -225, Other Equipment. Carried Unanimously Education Coordinator for Recycling By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the hours of Lynn Leopold, Education Coordinator for Ithaca Recycles be increased from 12 to 20 hours per week from September 1, 1987 to December 31, 1987, at a cost not to exceed $896.00, and be it further RESOLVED, That an amount not to excced $896.00 be transferred within the accounts of the Department of Public Works, from A8161 -115, Hourly Payroll, to A8161 -435, Contractual Services. Carried Unanimously Recycling Program - Publicity By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That an amount not to exceed $3,000 be authorized to provide publicity regarding the Recycling Program, as requested by the Board of Public Works, and be it further RESOLVED, That an amount not to exceed $3,000 be transferred within the accounts of the Department of Public Works, as follows: From: A8161 -115, Hourly Payroll $3,000 To A8161 -425, Office Expense 1,500 A8161 =450 Advertising 1,500 Carried Unanimously Technical Assistance Grant By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, grant funds are available through the New York State Energy Office to assist localities in funding a Technical Assistance Study for energy improvements to buildings; now, therefore, be it RESOLVED, That Mayor John C. Gutenberger be authorized and directed to sign such application as may be required to secure such grant funds, and be it further RESOLVED, That an amount not to exceed $2,000 be provided from Capital Reserve No. 24 - Energy Improvements to provide for a study of the City Hall building. Carried Unanimously 'j- J F, Youth Bureau Authorized By Alderperson Dennis: RESOLVED, That the 1987 Youth Bureau be amended lift for the Mechanical exceed $4,800 provided net Youth Bureau Budget -9- September 2, 1987 Equipment List Seconded by Alderperson Killeen Authorized Equipment List of the to include the purchase of a car All Star Program, at a cost not to that funds can be found within the for 1987. Carried Unanimously Youth Services Contracts By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the Mayor and Inter - governmental Committee proceed immediately to meet with representatives of the Town of Ithaca and the Village of Lansing to conclude negotiations for Youth Services Contracts for the year 1988, and be it further RESOLVED, That the City Controller's Office, in cooperation with the Youth Bureau and the City Attorney as necessary, recommend a comprehensive fee schedule for the delivery of youth services to non -City residents no later than November d. 1, 1987. LO Discussion followed on the floor. the resulted as follows: m A vote on te resolution Carried Unanimously all Collegetown Special Tax Benefit District A report on the Collegetown Special Tax Benefit District from Paul Mazzarella, Deputy Planning Director was received by Mayor Gutenberger and all Council members explaining the authority to develop the district, the proposed boundaries, methods of apportioning costs, etc. Alderperson Peterson asked what the next step would be. City Attorney Nash said that the city will now come up with a definitive proposal to take before the Board of Public Works for review, a public hearing will be scheduled so that any property owners can express their opinions, the Board will come up with an adjusted schedule, if they make any adjustments, then send it on the Common Council for approval before it can, in fact, become a levy to appear on property owner's bills. Some Alderpersons expressed concern regarding the Special Tax Benefit District. Alderperson Schlather explained how the cost is being arrived at and that it shold not cost a property owner or tenant much more than about $70.00 per year per 1,000 sq. ft. of space. After much discussion it was the consensus of Council that the Collegetown Special Tax Benefit matter should be put on the Budget and Administration Agenda for the September meeting before final recommendations are made. Public Hearing on Bikeway Alderperson Hoffman reported on the public hearing that was conducted concerning the proposal to put a bikeway between Floral Avenue and the Flood Control Channel. About a half dozen people spoke at that meeting; some were represented by counsel. It was suggested that another route on the other side of the Flood Control Channel be used where supposedly there would be no opposition. It is Alderperson Hoffman's understanding that the State is the body in the position to propose an alternate route or study an alternate route and the State is apparently preparing the E.I.S. on the project itself. The City's role is to decide whether we want to proceed with the condemnation. 333 334 -10- September 2, 1987 City Attorney Nash explained that the City basically made a deal with the State to acquire these lands in consideration of other things. The feeling has always been that the State is the lead agency. He said he had talked with Margo Clynes the day after the hearing and asked her what the State's response was to the alternate route. The State is reviewing and giving consideration to the alternate route and, hopefully, the City will have some word within the next ninety days. Attorney Nash said the project will have to go back to Council for approval of whatever the findings and determination is before going ahead. Alderperson Schlather requested that the matter be kept on the Budget and Administration agenda for the September meeting and possibly take action on it in October. In the meantime the City will stay in contact with the State. RECESS: Common Council recessed at 9:55 p.m. and reconvened in regular session at 10:20 p.m. CHARTER AND ORDINANCE COMMITTEE: Introduction of Amendment of Environmental Quality Review Ordinance - Chapter 36 (Ministerial Act Provisions) and Provision for Public Hearing and Public Notice By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That Ordinance NO. 87 - entitled "AN ORDINANCE AMENDING CHAPTER 36 - ENVIRONMENTAL QUALITY REVIEW -OF THE CITY 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 in the Council Chambers, City Hall, at No. 108 East Green Street in the City of Ithaca, New York, on Wednesday the 7th day of October, 1987 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 newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing. ORDINANCE NO. 87 - AN ORDINANCE AMENDING CHAPTER 36 - ENVIRONMENTAL QUALITY REVIEW -OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Amending Section 36.2 of Chapter 36 of the City of Ithaca Municipal Code. That Subdivision A, Section 36.2 be amended to read as follows: A. Unless the context shall otherwise require or unless otherwise provided in this Section, the terms, phrases, words and their derivatives used in this ordinance shall have the same meaning as those defined in Section 8 - 0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Code of Rules and Regulations (NYCRR). Section 2. Amending Section 36.2 of Chapter 36 of the City of Ithaca Municipal Code. That paragraph 15, subdivision A, Section 36.2 be amended to read as follows: It K_ 335 -11- September 2, 1987 1S. Ministerial action: an action performed upon a given statement of facts in a precribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, such as the grant of a driver's license, although such law may require, in some degree, a construction of its language or intent. Provided that, "ministerial action" shall not include the issuance of any building permit or any other permit or approval that allows any land alteration, new construction, or significant expansion of any existing structure or facility for any project occurring wholly or partially within or substantially contiguous to any critical area awoe listed in Subparagraph I, Paragraph 1, Subdivision B of Section 36.S of this Chapter. Section 3. Amending Section 36.S of said Chapter That Part iii, Subparagraph I, Paragraph 1, Subdivision B of Section 36.S be amended to read as follows: S i (iii) Fall Creek (including its associated gorge and rim d. area between the outlet of Beebe Lake and Lake Street), Six Mile Creek (including its associated gorge and LD rim area between the southern boundary of the City and Aurora Street), Cascadilla Creek (including its m associated gorge and rim area between Campus Road CZ and Linn Street), Silver Creek (also known as Cliff Park Brook), and the Cayuga Inlet, along their courses within City boundaries. Section 4. 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 An Ordinance Amending Title IV of the City of Ithaca Municipal Code by Adding a New Chapter y Entitled 'Collection of Refuse, Including Recyclable Materials, and other Waste Materials" (Recycling Ordinance) - Determination of Non - Significance By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, an ordinance amending Title IV of the City of Ithaca Municipal Code by adding thereto a New Chapter 69 entitled "Collection of Refuse, including Recyclable Materials, and Other Waste Materials ", is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SERF) and a Long Environmental Assessment Form (LEAF), filed in the City Clerk's Office, and WHEREAS, mandatory recycling is one way to conserve natural resources and reduce future landfill expenses and will have a generally beneficial impact on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt at its own the findings and conclusions more fully set forth in the attached SEAF and LEAF, 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 negative effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further 33E► -12- September 2, 1987 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 Planning Department and any other parties required by law. Carried Unanimously An Ordinance Amending Title IV of the City of Ithaca Municipal Code by Adding a new Chapter b9 Entitled "Collection of Refuse, including Recyclable Materials and Other Waste Materials" Recycling Ordinance) By Alderperson Schl.ather: Seconded by Alderperson Booth WHEREAS, our natural resources, including those necessary for the production of glass, paper, cardboard and aluminum, are finite and should be conserved for future generations, and WHEREAS, a program of voluntary recycling of glass, paper, cardboard and aluminum has been in place in the City of Ithaca for over two years, and WHEREAS, Tompkins County is in the process of siting and building a new county landfill at great expense to the community, and WHEREAS, mandatory recycling is one way to conserve natural resources and reduce future landfill expenses, and WHEREAS, a strong public education program, together with a system of positive incentives to recycle, should encourage broad public participation in a recycling program, and WHEREAS, the Recycling Task Force, the Board of Public Works and the Charter and Ordinance Committee all recommend enactment of a mandatory recycling program; now, therefore, be it Ij RESOLVED, That the Common Council does herewith enact the so- called "RECYCLING ORDINANCE" in the form and substance attached hereto and does herewith amend its Municipal Code accordingly, and be it further RESOLVED, That the Recycling Coordinator be and she hereby is directed to implement a strong, comprehensive public education program simultaneously with the effective date of the "Recycling Ordinance ", and, continuing thereafter, within the constraints of her budget, and be it finally RESOLVED, That the Recycling Coordinator in cooperation with the Board of Public Works, the Recycling Task Force and the City Attorney, recommend a positive incentives program for review by the Budget and Administration Committee of this Council no later than at its September committee meeting, with report and recommendations for possible funding thereafter to this Council at its October 7th meeting. ORDINANCE NO. 87 - An Ordinance amending Title IV of the City of Ithaca Municipal Code by adding thereto a new Chapter 69 entitled "Collection of Refuse, Including Recyclable Materials, and Other Waste -Ij Materials." BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. A new Chapter 69 entitled "Collection of Refuse, including Recyclable Materials and Other Waste Materials" is hereby added to Title IV of the City of Ithaca Municipal Code, said Chapter to read as follows: -13- September 2, 1987 Collection of Refuse, including Recyclable Materials, 337 and other Waste Materials Section 69.1 Definitions For the purposes of this Article the following terms shall have the meanings stated in this Section. A. "Aluminum" means pure aluminum in any form, including but not limited to cans, cooking utensils, and lawn furniture. B. "Board" means the Board of Public Works. C. "Brush" means tree branches not exceeding two inches in diameter, twigs, and shrub and hedge clippings. D. "Bulk items" means large items and materials, including furniture, (other than aluminum yard furniture), house furnishings, and large appliances such as refrigerators, stoves, washing machines, and clothes dryers. E. "Collectible yard wastes" means grass, leaves, and waste plant and dirt materials from vegetable and flower gardens, lawns, and yards; and "brush ". F. "Corrugated cardboard" means cardboard shipping containers. G. "Department" means the Department of Public Works. Q H. "Industrial Waste" means chemical waste generated by any industrial process or operation. I. "Newspapers" means newsprint. It does not include glossy magazines or materials. J. "Person" means one or more individuals; any partnership, corporation, firm, association, trust, estate, or governmental entity; and any other entity whatsoever. K. "Primary Commons" means that area of public property between the south building lines of the north side and the north building lines on the south side of the former bed and associated sidewalks of East State Street between the east line of Cayuga Street and the west line of Aurora Street and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of North Tioga Street between the north line of State Street and the south line of Seneca Street. L. "Recyclable materials" means (1) clear (flint), green and brown glass bottles, jugs and jars; (2) aluminum; (3) newspapers; and (4) corrugated cardboard. "Recyclable materials" does not include plate glass, window glass, or any other type of glass not specified in this definition. M. "Refuse" means the "rubbish ", "recyclable materials ", and "collectible yard wastes" resulting from the normal, day -to -day operation of a household; refuse may be generated by a household, a business establishment, or a public or quasi- public facility. "Refuse" does not include "rubble ", "bulk items'.', "industrial waste ". 338 -14- September 2, 1987 automobile or other motor vehicle tires, or any other material not covered under this definition. N. "Rubbish" means (1) food wastes, including but not limited to table cleanings; fruit, vegetable, and animal matter parings and scraps; decaying or spoiled vegetable, animal and fruit matter; and fallen fruit; (2) any paper, plastic, cardboard or other material used to wrap, cover, or contain food, other than certain glass jars, jugs, or bottles defined in this Section as "recyclable materials "; and any other household waste resulting from the use, consumption, and preparation of food; and (3) plastic, metal (other than pure aluminum), rags, drugs, health aids and materials, sweepings, excelsior, rubber, leather, cloth, clothing, magazines, paper (other than newspapers), waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, filth, ashes, wood, glass (other than certain glass bottles, jugs, and jars defined in this Section as "recyclable wastes "), brick, and any other similar waste material. "Rubbish" does not include "recyclable materials" as defined in this Section. However, "rubbish" shall include recyclable materials which cannot be recycled because of secondary household use. 0. "Rubble" means waste material typically resulting from construction, demolition, and major renovation activities, including but not limited to waste cement, concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, telephone poles, railroad ties, wooden pallets, doors and door frames, windows and window frames; and any similar material. P. "Superintendent" means the Superintendent of Public Works. Section 69.2 Waste Materials to be Collected A. The Department shall be responsible for collecting on a regular basis only those waste materials that constitute refuse, namely rubbish, recyclable materials, and collectible yard wastes. B. The department shall also be responsible for collecting any additional waste materials that the Superintendent may announce will be collected on particular days or during particular time periods; these additional waste materials may include, for example, bulk items, trees, tree stumps, and large branches. The Department shall be responsible for collecting any such additional waste materials only on the days or during the time periods announced by the Superintendent. It- 19 It 339 -is- September 2, 1987 C. The Department shall not be responsible for collecting any waste materials that have been placed or prepared ways that do not comply with all the provisions of this Article. In particular, the Department shall not be responsible for collecting waste materials in which recyclable materials are mixed together with other materials or in which recyclable materials have not been placed or prepared in accord with this Article. Section 69.3 Depositing Refuse and Other Waste Materials for Collection A. No person shall place any waste materials at or near any curb, sidewalk, or street for purposes of collection by the Department other than the following: (1) refuse; and (2) on particular days or during particular time periods, any other waste material that the Superintendent has announced LD the Department will collect at those times. = B. No person shall place any rubbish at or near any curb, m sidewalk or street for purposes of collection by the Department Q unless that person complies with one or both of the following requirements: (1) Each person shall provide and utilize separate containers for disposal of rubbish. Any such container shall be made of metal, plastic or other suitable material, shall have tight fitting covers, shall have handles on the top and sides, and shall be shaped so that all materials flow freely when the container is dumped. No such container shall exceed 32 gallons in capacity, and when filled, no such container shall weigh more than 100 pounds. (2) Each person shall provide and utilize disposable plastic bags for disposal of rubbish. Any such bag shall be at least 1.5 mils thick and sufficiently strong to contain the materials enclosed. When filled, each such bag shall be securely tied and weigh no more than SO pounds. C. No person shall place any collectible yard wastes at or near any curb, sidewalk or street for purposes of collection by the Department unless that person complies with the following requirements: (1) For purposes of disposing of collectible yard waste other than brush each person shall provide and utilize containers that meet the requirements of paragraph B (1) of this Section and /or plastic bags that meet the requirements of paragraph B (2) of this Section. 340 -16- September 2, 1987 (2) Each person shall securely tie brush in bundles, with no individual bundle exceeding 48 inches in length or SO pounds in weight. No person shall put out more than two such bundles of brush for any one collection by the Department. D. No person shall place any recyclable materials at or near any curb, sidewalk, or street for purposes of collection by the Department unless that person satisfies the following requirements: (1) Recyclable materials shall be placed separately from any refuse or other waste material placed for collection by the Department. (2) (a) Newspapers shall be piled and securely tied in bundles, with no individual bundle weighing more than SO pounds; or newspapers shall be placed in paper bags strong enough to contain them; newspapers placed in plastic bags must be securely tied in bundles. (b) Newspapers shall not contain magazines, any glossy material frequently inserted in newspapers, or any other waste paper. (c) Newspapers shall be kept dry by appropriate means before they are collected by the Department. (3) (a) Glass bottles, jugs, and jars shall be clean and shall have all neck rings, foil, metal, styra- foam and other plastic removed. Paper labels may be left on bottles, jugs and jars. (b) Such glass shall be placed in one or more separate containers. Each container shall be clearly marked with an "R" or labelled "Recycle" in letters at least 3 inches high. No such container shall be any larger than 32 gallons or smaller than 4 gallons. (c) Clear (flint), brown or green glass bottles, Jars and jugs are the only glass materials initially treated as recyclable materials by this Article. (d) Glass bottles, jugs and jars shall be separated by color so that such glass of any one color is in a separate container that complies with the provisions of subparagraph (b) of this paragraph and is not mixed together with glass of other colors (4) Aluminum shall be pure and clean. Any fabric on lawn furniture shall be removed before the aluminum is placed for recycling. Aluminum shall be placed in one or more separate containers. Each container -17- September 2, 1987 341 All empty refuse containers and any other empty waste containers shall be removed from the curb, sidewalk or street where they have been placed as soon as possible after collection by the Department and, in any event, on the same day as collection. shall be clearly marked with an "R" or labelled "Recycle" in letters at least 3 inches high. No such container shall be larger than 32 gallons or smaller than 4 gallons. (5) Corrugated cardboard shall be flattened, folded and securely tied in bundles no larger than 36 inches by 36 inches by 36 inches in size, and weighing no - more than 50 pounds. (wove (6) Different kinds of recyclable materials shall not Each be mixed together in a disposal container. kind of recyclable material shall be placed in a separate container, or separate wrapper or bundle within a container, and otherwise treated in accord with the provisions of this subdivision. Where different kinds of recyclable materials in separate wrappers or bundles are placed together in a disposal container, LO each such wrapper or container shall be placed therein m in such a way that it can be easily removed by hand Q from that container. E. When the Superintendent has announced that waste materials other than refuse will be collected on particular days or during particular periods, any person placing any waste other than refuse at or near any curb, sidewalk or street for purposes of collection by the Department, shall comply with the following: (1) the waste material shall be of the type announced by the Superintendent; and (2) the waste material shall be placed for collection at the times specified by the Superintendent; and (3) the waste material shall be collected, bound, contained, placed, or otherwise treated in the manner specified by the Superintendent. F. Refuse, as well as any other waste material the Superin- tendent announces will be collected, shall be placed for collection by the Department at or near a curb, sidewalk or street after 2:00 p.m. on the day prior to the day designated for collection and before 5:30 a.m. on the day designated for collection. There will be no call -backs to collect refuse or any other wastes that are placed for collection after 5:30 a.m. on the designated collection day. G. No person shall place any waste material at or near any curb, sidewalk or street other than the curb, sidewalk from which or street immediately in front of the property such waste material was generated. Section 69.4 Empty Refuse Containers and Other Empty Waste Containers All empty refuse containers and any other empty waste containers shall be removed from the curb, sidewalk or street where they have been placed as soon as possible after collection by the Department and, in any event, on the same day as collection. 342 -18- September 2, 1987 Empty refuse containers or other empty waste containers remaining at or near the curb, sidewalk or street on the day after collection may be picked up and disposed of by the Department. Section 69.5 Uncollected Refuse and Uncollected Waste 1Via tori al Where the Department has not collected certain refuse and /or waste material because those materials were not placed or'prepared in accord with the provisions of this Article, the person responsible for putting those waste materials at or near a curb, sidewalk or street for collection by the Department shall remove those wastes from that location as soon as possible after the Department has refused collection and, in any,event, by the end of the designated collection day. Section 69.6 Non - compliance with Provisions of this Article A. Whenever a person places refuse or other waste material at or near a curb, sidewalk or street for collection by the Department without complying with all the provisions of this Article or fails to comply with Section 69.5, the Department may do either of the following: (1) The Department may choose not to collect the refuse or other waste material. In such a case the Department shall affix a notice to the waste material which gives the reason why the Department did not collect that material. The Department may also notify the property owner of the property from which such uncollected waste material was generated why the Department did not collect that material. That notice shall be either verbal or written as the Department determines is appropriate and shall be provided as soon as feasible after the Department refuse to collect that material. OR (2) The Department may collect the refuse or other waste material notwithstanding the fact that it does not comply with the provisions of this Article. In such cases, effective June 1, 1988, the Department shall assess a special service charge against the owner of the property from which such waste material was generated. Such special service charge shall be in accord with the following: Single family dwelling - $15.00 per each occasion requiring a service charge Two family dwelling - $20.00 per each occasion requiring a service charge Multi- residential - $25.00 per each occasion requiring a service charge Commercial or other - $30.00 per each occasion requiring a service charge 343 -19- September 2, 1987 The Department shall provide written notice of said special service charge to said property owner as soon as feasible after the Department collects the waste in question. Such special service charge shall be levied in accord with the City of Ithaca Charter, Section 5.33. Such special service charge shall be payable at the City Chamberlain's Office, either in person or by mail. B. Whenever refuse or other waste material has been placed for collection by the Department after 5:30 a.m. on the day of collection, the Department may, in its own discretion, determine to respond positively or negatively to a request by the property owner of the property from which such waste Ni was generated that the Department return to such property I- and collect that waste material. When the Department agrees Lo to return to the property and collect that material, it shall = assess a special service charge against that property owner m in accord with paragraph A(2) of this Section. Q C. For any non - scheduled collection of waste material by the Department, the Department shall assess a special service charge against the responsible property owner. Such special collection charge shall be in accord with the provisions of paragraph A(2) of this Section. Section 69.7 Primary Commons Nothwithstanding any other provision of this Article, collection of refuse and other wastes generated on the Primary Commons shall be governed by the provisions of this Section. A. Except as otherwise provided in subdivisions B - D of this Section, all of the provisions of this Article shall govern collection of refuse and other wastes generated on the Primary Commons. B. Recyclable materials generated on the Primary Commons shall be placed only at locations designated by the Superintendent. C. All refuse other than recyclable materials generated on the Commons shall be placed for collection in dis- posable plastic bags that meet the requirements of paragraph B(2) of Section 69.3 D. All refuse and other waste material to be collected from the Primary Commons shall be placed in the proper locations after 4:30 p.m. on the day prior to the designated collection day and before 4:00 a.m. on the designated collection day. 344 -20- September 2, 1987 Section 69.8 City's Ownership of Recyclable Materials Placed for Collection by the Department From the time any person places any recyclable materials at or near any curb, sidewalk or street for purposes of collection by the Department, those recyclable materials shall become and be the property of the City of Ithaca or its authorized agent. No person who is not acting under authority of the City or its authorized agent shall collect, pick up, remove or cause to be collected, picked up or removed, any recyclable materials so placed for collection; each such unauthorized collection, pick up or removal shall constitute a separate violation of this Article. Provided, however, where the Department has refused to collect certain recyclable materials because they have not been placed or treated in accord with the provisions of this Article, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side in accord with the provisions of this Article. Section 69.9 Private Waste Haulers Nothing in this Article shall be deemed to prevent any person from entering into a contractual agreement with a private waste hauler for the removal of refuse and other waste materials generated by that person or by property owned by that person. Section 69.10 Containers for Recyclable Materials The Board is authorized to establish an appropriate mechanism for selling or facilitating the sale of waste containers for recyclable materials that meet the requirements of this Article. Section 69.11 Regulations The Board shall have authority to adopt whatever regulations are consistent with this Article and to continue to enforce any existing regulations that are consistent with this Article. Section 69.12 Effective Date This ordinance shall be effective October 1, 1987 Discussion followed with remarks made by Alderpersons Romanowski, Schlather, Haine and Booth. A vote on the resolution resulted as follows: Ayes (9) - Booth, Cummings, Dennis, Haine, Hoffman, Lytel, Peterson, Schlather, Killeen Nay (1) - Romanowski Carried J J 345 -21- September 2, 1987 Reorganization of Offices of Civil Service and Personnel - Lift From Table By Alderperson Schlather: Seconded by Alderperson Dennis RESOLVED, That the resolution on the matter of Reorganization of Offices of Civil Service and Personnel be lifted from the table. Carried Unanimously WHEREAS, the duly constituted Charter Revision Commission by recommendation dated December, 1983, encouraged the consolidation of the offices of Civil Service and Personnel in the administration of the Ithaca city government, and WHEREAS, after extensive discussion, research and public comment, including input from the Ithaca City Civil Service Commission and review of practices in other municipalities, it appears that in the interest of economy, efficiency and accountability it is desirable to incorporate the existing office of Civil Service into a reorganized Personnel Department within the City, and WHEREAS, It is the intent of this Common Council to preserve 'q the autonomy of the Civil Service Commission and ensure that LD it receives the same level of secretarial service and guidance = as presently, and M WHEREAS, the Personnel Administrator, by report dated March Q 13, 1987, has recommended various options, including the following; therefore, be it RESOLVED, That this Common Council does herewith reorganize the Civil Service Office and the Office of Personnel within the City of Ithaca, as follows: (1) The Ithaca City Civil Service Commission shall continue in existence as an autonomous lay commission, as presently without change; (2) the position of Executive Secretary to the Civil Service Commission is abolished effective October 1, 1987; (3) the functions and present responsibilities of the Office of Civil Service shall be assumed by the Personnel Department and consolidated into that department; (4) the position of Personnel Associate shall be created in the Department of Personnel; the job specifications and salary line for this position shall be established upon recommendation of the Budget and Administration Committee; (5) the newly reorganized Office of Personnel will be responsible for all clerical and secretarial functions and responsibilities necessary in servicing the City of Ithaca Civil Service Commission. Discussion followed on the floor. Amending Resolution By Aldeperson Lytel: Seconded by Alderperson Haine RESOLVED, That the RESOLVED paragraph, item (2) be amended to read to as follows: "The position of Executive Secretary to the Civil Service Commission be placed under the authority of the Personnel Department, with a corresponding modification of the job specifications of that position "; and that items (3) and (4) under the RESOLVED paragraph be eliminated. Further discussion followed on the floor. 34h -22- September 2, 1987 A vote on the amendment resulted as follows: Ayes (3) - Lytel, Hoffman, Romanowski Nays (7) - Killeen, Booth, Haine, Dennis, Schlather, Peterson, Cummings Motion Defeated Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That item (2) of the RESOLVED paragraph be amended to read as follows: "the position of Executive Secretary to the Civil Service Commission is abolished effective January 1, 1988." Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Booth, Cummings, Dennis, Hoffman, Killeen, Lytel, Peterson, Schlather Nays (2) - Romanowski, Haine Carried Thanks to Recycling Task Force Alderperson Schlather wished to have put into the Minutes the thanks of Council to the Recycling Task Force and to Lynn Leopold for all of the work they have put into the Recycling Ordinance. Council is very, very grateful to them for all their efforts. Council and the Mayor concurred in passing along the thanks. PLANNING AND DEVELOPMENT COMMITTEE: Proposal for Local Designation of Stewart Park Alderperson Cummings spoke at length about a proposal that has been made by the Landmarks Commission for local designation of Stewart Park as an historic landmark. The Landmarks Commission recommends that both the structures and the surrounding grounds of Stewart Park be so designated. She explained the process regarding such designations and said that several questions were asked when the Landmarks Commission presented the recommenda- tion to the Planning and Development Committee that Stewart Park be designated as an histroic landmark. Alderperson Cummings stated that the Planning and Development Board had asked about the possibility of the creation of a Parks Commission which would perhaps have a greater range of expertise to deal with natural environment issues. What natural environment issues are properly historic issues, which the Landmarks Commission should have input on, and what are topics that the Parks Commission should handle? How would you avoid swamping the City in yet another layer of bureaucracy by creating yet another Commission? Alderperson Cummings stated that there was a presentation to the P&D Committee by the subcommittee of SPAG in order to assess the feasibility of a Parks Commission. The recommneda- tion of the SPAG subcommittee was that a Parks Commission should be comprised of professionals in a range of fields, such as ecology, conservation, botany, horticulture, ornothology, equatic biology, etc., as well as users and a member of the Board of Public Works. The subcommittee also recommended that a staff position entitled 'Parks Manager' be created to carry out the directives of the Parks Commission as well as to oversee the day -to -day maintenance of the City parks. Mayor Gutenberger stressed the importance of having close communications between the Board of Public Works, Department of Public Works and the other committees working on this project. lr� 347 -23- September 2, 1987 Alderperson Cummings said there will be a presentation with reference to the topics that she has discussed at this meeting, one at the Planning and Development Board meeting on Tuesday, September 22nd, and the other on Wednesday, September 23rd, at the Planning and Development Commitee meeting. She urged those Councilraembers who have not already attended a presentation by the Landmarks Commission to try to attend one of the mentioned meetings. Proposal to Nominate Cornell Heights to National Register Resolution (600v By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, the Common Council of the City of Ithaca gave authoriza- tion to the Department of Planning and Development to submit a Certified Local Government Subgrant application for the purpose of conducting an in -depth historic and architectural resources survey of Cornell Heights and to prepare a National Register nomination, and WHEREAS, upon consultation between staff from the New York State Office of Parks, Recreation and Historic Preservation �. and the City of Ithaca Department of Planning and Development, it was determined that the proposed Cornell Heights District LO as described in that attached materials is of sufficient = significance and integrity to warrant nomination to the State �] and National Registers of Historic Places, and Q WHEREAS, the City of Ithaca was notified that the State Review Board is scheduled to consider the nomination of Cornell Heights to the State and National Register at the September 3 -4, 1987 meeting, and WHEREAS, the majority of property owners in Cornell Heights favor listing on the State and National Registers at the soonest possible date, and WHEREAS, the City has learned that consideration of the Cornell Heights National Register Nomination may be postponed until the December hearing at the request of a single property owner, and WHEREAS, Cornell Heights is a sensitive neighborhood and one particularly vulnerable to building activity; now, therefore, be it RESOLVED, That the City of Ithaca Common Council urges the Commissioner to consider the nomination of Cornell Heights at the September 3 -4, 1987 Hearing, as scheduled. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Booth, Lytel, Hoffman, Dennis, Schlather, Peterson, Cummings, Haine, Killeen Abstention (1) - Romanowski (business conflict) Carried Cornell Housing Plans Alderperson Cummings reported that there hasn't been any new housing built. Cornell Housing indicated to the Planning and Development Committee that its difficulty in getting additional housing built is because it is a division of the university which operates as an enterprise division and therefore needs to have balanced books. There are plenty of sites on which to build but there is a need to come up with innovative ways to finance these projects and sell them to the Board of Trustees within the constraints put upon the organization. 345 -24- September 2, 1987 Alderperson Cummings said that the proposal that came from the Planning and Development Committee was that contact should be made with the Cornell Board of Trustees members on the appropriate Buildings and Properties Committee when such members are in town. Since they make only a couple of quick trips to Cornell and Ithaca each year, to them it looks like the community is a lovely place, with no problems. She believes they should be given the opportunity to see the seriousness of the impact that Cornell is making on the community and is working on setting up a meeting for a tour of the area inasmuch as people talking about the problem can carry more weight than all the pages of a report. Front Yard Parking Regulations/Proposed Amendments Alderperson Cummings stated that in going over the problem at the Planning and Development Committee meeting, they came up with a difinition to control or prohibit the unsightly problem of front yard parking. That definition is being passed on to the Charter and Ordinance Committee for a final bout with it. The wording that the PiD Committee came up with seemed to eliminate many of the difficulties. Alderperson Cummings said that the Planning and Development Committee is working with several civic association representatives on this problem. Disposition of City Hall Annex Resolution By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, 122 South Cayuga Street (City flail Annex) is owned by the City of Ithaca, and WHEREAS, The City Hall Annex was previously occupied by the Tompkins County Social Services Department, and is now unused, and WHEREAS, the City has caused to be prepared an appraisal to establish the fair market value of the property; now, therefore, be it RESOLVED, That Common Council finds the annex to be surplus property, and be it further RESOLVED, That the Council declares its intention to dispose of the property and directs the Department of Planning and Development, with the assistance of the City Attorney, to bring back to Common Council, at its October 7, 1987 meeting, a proposal for the means of disposal of this property for its consideration and action. Alderperson Cummings remarked about the mechanisms which had been discussed by the PF,D Committee with reference to disposal of the building. To dispose of it in such a way that we have some facade protection and for a project that would be in keeping with long -range city goals. Staff was asked to come up with a very generalized solicitation for proposals and staff is presently working with City Attorney Nash on that sort of wording. Alderperson Cummings urged Council to vote on this resolution so that an announcement can be made that we are disposing of the property. Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously J 349 -2S- September 2, 1987 REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: New Fire Stations Alderperson Killeen reported that the New Fire Stations Committee had met on the evening of September 1 to hear the architect's presentation on the design he has executed, which design will fit both the South Hill and the West Hill sites. The target date for review of the design by the Ithaca College Board of Trustees is early October on the South Hill site. Alderperson Killeen said that the Budget and Administration Committee will be discussing some of the financing mechanisms in late September. It was mentioned that there is a specific piece of land on South Hill that has been offered by Ithaca College, whereas the site on West Hill is less specific. Mayor Gutenberger stated that he had hoped to have information tonight from Cornell, in writing, as to the specific land that would be available for the building of a new fire station. He is hoping that the information will be available by the end of the week. Alderperson Killeen said that it is the hope and intention of the architect to get construction under way by this Spring, LD with a six months build period. If that happens, we are still looking at Thanksgiving of 1988 for new stations. UNFINISHED AND MISCELLANEOUS BUSINESS: Q Federal Communications Commission Filing Resolution By Alderperson Schlather: Seconded by Alderperson Dennis WHEREAS, the citizens of Ithaca have long known that off -air television reception is poor or non - existent in the City, and WHEREAS, the Common Council has caused to be prepared certain engineering studies which verify that off -air signals are '(400.1 not available to the vast majority of households in the City; now, therefore, be it RESOLVED, That the Mayor is authorized and directed to file with the Federal Communications Commission a petition requesting an exemption which would allow the City of Ithaca to regulate basic cable service rates within the City of Ithaca, and be it further RESOLVED, That Rice Associates, in cooperation with the City Attorney and the Director of Planning and Development, is directed to prepare any and all necessary documents for such filing. Alderperson Schlather made reference to the August 31, 1987 memo of Rice Associates wherein the engineering study substantiate the fact that off -air television reception is available to less than 10% of the areas of the city. Only some portions of the city (the extreme northwest and the northeast) can get off -air reception without cable. He explained why the city should go forward in filing a petition requesting an exemption allowing the city to regulate basic cable service rates before the FCC changes the present rules. Alderperson Schlather stated the approximate cost of filing the petition and where the funds will come from. Mayor Gutenberger urged Council to give City Attorney the authority to make the it will be money well spent and the Cit the basic rate payers, especially those category, as the City is the only voice concerning cable rates. his office and the filing. He said y needs to protect in the lower income those people have A vote on the resolution resolution resulted as follows: Carried Unanimously 350 -26- September 2, 1987 ADJOURNMENT: n a motion the meeting adjourned at 11:45 P.M. allista F. Paolang i City Clerk L Gutenberger (Mayor , J