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HomeMy WebLinkAboutMN-CC-1987-10-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. October 7, 1987 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman Killeen, Lytel, Peterson, Romanowski, Schlather (arrived at 9:00 P.M.) OTHERS PRESENT: City Attorney - Nash (arrived at 8:00 P.M.) City Controller - Spano Deputy City Controller - Cafferillo City Clerk Paolangeli Director, Planning & Development - Van Cort Acting Director, Youth Bureau - Wilson Personnel Administrator - Baker Building Commissioner - Hoard Deputy Director, Planning $ Development - Mazzarella Superintendent of Public Works - Dougherty Board of Public Works Commissioner - Nichols Mayoral Candidate - Weiner 1st Ward Candidate - Samuels LO PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance m to the American flag. a MINUTES: Approval of Minutes of September 2, 1987 Meeting RESOLVED, That the Minutes of the September 2, 1987 Common Council meeting be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Section 36- Environmental Quality Review - of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Romanowski: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider an ordinance amending Section 36 - Environmental Quality Review of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the ordinance. No person appeared to address the public hearing Resolution to Close Public Hearing By Alderperson Haine: Seconded by Alderperson Peterson RESOLVED, That the Public Hearing to consider an ordinance amending Section 36 - Environmental Quality Review of the City of Ithaca Municipal Code be declared closed. Carried Unanimously ADDITIONS TO AGENDA: Unfinished and Miscellaneous Business Alderperson Peterson requested the addition of a resolution to the New York State Department of Transportation regarding Route 96 -and the Octopus. No Council member objected. Alderperson Lytel requested the addition of a resolution regarding the UAW strike at Cornell University. No Council member objected. 351 352 -2- October 7, 1987 Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of a brief report on the New Fire Stations Committee and a report on the Retired Senior Volunteer Program. No Council member objected. Old Business Alderperson Cummings requested the addition of a resolution regarding Commendation to Ithaca College for Proposed Additional Dormitories for Student Housing. No Council member objected. DELETIONS FROM THE AGENDA: Planning � Development Committee Alderperson Cummings requested the deletion of Item 15.6, Employment Maintenance Recommendations. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Handicapped Accessibility of City Buildings Ceil Blumenstock, 301 South Geneva Street, spoke to the Council regarding handicapped accessibility of city buildings. She does not feel that the city buildings are handicapped accessible and asked who is in charge of making sure buildings are accessible. Mayor Gutenberger responded that the city has a committee that has worked very vigorously on the whole issue of handicapped accessibility in the community and the committee would welcome the information that Ms. Blumenstock has developed. He asked that Ms. Blumenstock be in touch with Alderperson Peterson to talk over her concerns. Request for Permission to Operate a Pushcart on The Commons for Winter Season David, Radin, 56 Lieb Road, Spencer, N.Y., stated to Council that he was advised by the The Commons Coord., Jean Deming, that if he wished to apply for a permit to operate a cart on The Commons for the winter season, he needed to get permission from th,- Council as the deadline for submitting an application hs passed. Resolution to Refer to Committee By Alderperson Booth: Seconded by Alderpersoa Hoffman RESOLVED, That the request of David Radin for permission to operate a pushcart on The Commons for the winter months be referred to the Charter and Ordinance Committee for review and report back to Council. Carried Unanimously Ithaca Neighborhood Housing Ben Curtis, Rehabilitation Coordinator, Ithaca Neighborhood Housing, commended the Neighborhood Task Force on the excellent comprehensive plan that they have recently developed after a lot of hard work to address some of our neighborhood problems. Neighborhood Housing endorses those proposals; particularly those proposals affecting affordable housing. Ithaca Neighbor- hood Housing is particularly concerned that the Council and the City continue their support for the pursuit of State and Federal money through the Planning Department and their support of groups also seeking that type of money. They endorse the formation of a housing trust fund on a local level. In addition to that, they are supportive of the retention and rehabilitation of existing housing stock and were glad to see the Task Force endorse that. Ithaca Neighborhood Housing is also very supportive of the review of the existing zoning laws, with an eye toward developing a more cooperative stance between developers and neighborhoods so that these zoning laws can act to promote controlled growth rather than restrain growth. 0 0 -3- October 7, 1987 353 Octopus Problems Gary Samuels, 426 Court Street, Candidate for 1st Ward Alder - person, stated to Council that 1st Ward residents are saying to him that something needs to be done now with the Octopus. He thinks it is incumbent upon the Council to make a strong statement and to take all possible steps now. Whatever Common Council decides he would like to see that the follow -up steps also take place. Ithaca Youth Hockey Association Andrew Sciarabba, representing the Ithaca Youth Hockey Association, spoke to Common Council regarding a second ice hockey rink at Cass Park. The Youth Hockey Association in conjunction with some of the other users in the community are offering to raise the funds. They will build the facility and then donate the facility to the City to operate. There are some conditions for doing this. The basic condition is that it be a hockey facility. They are not trying to build something that is more than what they need; they just want a building housing the rink as well as some seating. All the other amenities are currently at the Cass Park facility. They have engaged Holt Architects to help them in the design �. as well as a Contractor, C.W. Davis of Syracuse, New York, which is well noted for its work in designing and constructing hockey facilities. They have received cost estimates of _ $700,000 from them. The siting where they want to place CQ the rink is based upon the study done by the City, the Department Q of Public Works and its rink manager. The drawing that is on the board shows that the rink will be placed between the existing facility and the tennis courts away from the pool area. This siting was felt to be the best because it resulted in the least amount of disruption to the parking and thru traffic on the driveway. The rink would have a concrete floor with the necessary freezing system. It would be energy efficient. They would want to be able to use it year- around if the need arises in the summer months. Most certainly when they are not using it for hockey the, would expect it to be used for other purposes to generate necessary revenues to help defray the costs. Mr. Sciarabba stated that the time is past to study and discuss the problem. The simplest part is for the Council to give the go ahead tonight. The hardest part will be for the Youth Hockey Association to raise the dollars to get it constructed. The goal is to have the rink ready for the 1988 season. He thanked the Planning and Development Committee for their support and said he hoped there will be a positive vote on this matter tonight. The following persons also spoke in favor of the second hockey rink at Cass Park: Richard Carmean, 213 Northview Road West Larry Hirschfield, 2709 Cherry Lane, Dryden, New York Bernard Malloy, 833 VanKirk Road, Newfield, New York David H. Taube, 1111 Hector Street Ithaca Farmers' Market Anna Steinkraus, 34S Shaffer Road, Newfield, New York, President of the Board of the Ithaca Farmers' Market spoke to Council on behalf of the Board and the entire membership. She explained to Council why the Board of the Ithaca Farmers' Market made the decision to pursue the Taughannock Boulevard site and the things that the market is trying to do to improve the situation at Taughannock Boulevard. There were a lot of factors involved in the decision not to pursue Northside; one of which is the continuing question of the potential odor problem. There is a lot of public pressure to stay at the Taughannock Boulevard site. The Farmers' Market 354 -4- October 7, 1987 acknowledges the problems with the Taughannock Boulevard site but they feel that they are making improvements in dealing with the problems. The market has in the past talked with various merchants and will continue to do so. The Planning Board urged a meeting between Farmers' Market representatives and the West End merchants. They are waiting to hear a date for such a meeting. George Sheldon, 1511 Ridge Road, Lansing, New York, spoke to Council regarding the Farmers' Market and presented to Alderpersons copies of a synopsis of responses to the location question for the Farmers' Market. James Cummins, 341 Shaffer Road, Newfield, New York, stated to Council that with the Centennial year approaching it would be appropriate that Council, the city at large and the Planning Board work toward establishing the Farmers' Market at the Taughannock Boulevard site. Housing Recommendations Paul Sayvetz, 201 Elm Street, spoke to Council on the matter of housing recommendations on tonight's agenda under the Planning and Development Committee. He feels that number 7 - Develop Performance Standards to Regulate Building and Ground Maintenance and number 8 - Develop New Procedures for the Enforcement of Maintenance Standards of these recommendations are unfair to low - income residents of the City of Ithaca. Route 96 Dr. Reu en Weiner, 1021 Hector Street, spoke to Council as a resident of the First Ward, regarding Route 96. He stated that the best solution for the welfare of.this community is what the people of the First Ward and throughout the City obviously want. In a 65 to 80.percent randomized sampling of a significant number in the First Ward and throughout the City by the Coalition for Improved Roads it shows that the plan of an overpass westward from Esty or Cascadilla and Route 13 is the best solution. REPORT OF CITY BOARDS, COMMITTEES, AND COMMISSIONS Board of Public Works Meeting on Farmers' Market Commissioner Nichols reported that the Board of Public Works is considering the question of a permit for next year. The BPW will be trying to work out the specifics in connection with improving the circumstances there and to reach an agreement fairly soon. Parking Problems Commissioner Nichols reported that the Board of Public Works has been working on the question of parking in general. They have met with the Downtown Ithaca Business Association, the Commons Advisory Board, and members of staff. They are looking at the issue of the need for more parking downtown, the issue of more appropriate use of the ramps, permits, on- street parking rates and enforcement as an overall issue. COMMUNICATIONS FROM THE MAYOR: SearcE Committee for Youth Bureau Director Mayor Gutenberger stated that due to the retirement of Robert C. Cutia, Youth Bureau Director, there needs to be a Search Committee selected for the process of finding a new Director of the Youth Bureau. Three people from Common Council, three people from the Youth Bureau Advisory Board, and a seventh person knowledgeable in the area, not connected with City Hall will be on the interviewing committee. He asked for volunteers from Council to serve on the interviewing committee. 19 -5- October 7, 1987 Alderpersons Booth, Cummings and Lytel volunteered to serve on the Search Committee for the Director of the Youth Bureau. CITY ATTORNEY'S REPORT Wilcox Press Alderperson Cummings stated that the report seems to indicate that there has been an isolation of the offending decibels and the sense seems to be that the decibels are not actually above, in most instances, that permitted by ordinance. It appears that two components have been isolated as special irritants. She asked City Attorney Nash if this information is something that Wilcox Press will use to correct the situation. City Attorney Nash responded that he has talked with a represen- tative of Wilcox Press and he is sending them a copy of the report and he hopes that they will follow up on that. PLANNING AND DEVELOPMENT COMMITTEE: Cass Park Second Skating Rink By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, there is insufficient ice time for the many groups and individuals who wish to use the Cass Park Skating Rink, and LD = WHEREAS, many of the city's established clubs and organizations are forced to travel out of town for both practice and a competition, and WHEREAS, the Ithaca Youth Hockey Association beginning-in 1984 has worked with the city toward finding a way to expand the city's ice skating facilities, and WHEREAS, the Ithaca Youth Hockey Association has proposed to launch a capital fund drive the intent of which is to raise adequate funds to cover.the cost of construction of a second skating rink; now, therefore, be it RESOLVED, That the City of Ithaca hereby accept in concept the Ithaca Youth Hockey Association's proposal and more specifically that the city agrees that if the Hockey Association does raise all capital for construction (including equipping, furnishing and landscaping) of a second rink, the city will accept such rink and operate it, assuming all costs and revenues of such operation with the intent that operating income will equal expenses, provided that the same is authorized by law, and be it further RESOLVED, That the agreement between the City of Ithaca and the Ithaca Youth Hockey Association be structured in concept to be in conformance with the list of primary issues set forth in Andrews Sciarabba's letter of September 14, 1987 and attachment, provided that the same is authorized by law. Alderperson Cummings gave background information on this resolution. Alderperson Booth questioned if it is wise in the long term view to conceptually say that the city will accept a rink that will be used predominently for one purpose. He questions if the city would be limiting the necessary ability of the (awl Youth Bureau and the Department of Public Works to make choices down the road about how city facilities are utilized. Alderperson Cummings stated that her understanding is that indeed hockey would be the first priority use scheduled in that facility. 355 356 -6- October 7, 1987 Andrew Sciarabba responded that what the hockey association envisions is that the association will raise the money to build a rink and donate the facilities to the city. The city will operate the rink as it currently operates the other facility. The point about an advisory committee was that if the association designates the new rink as being a hockey rink as opposed to being an ice skating facility that would free up the other rink at Cass Park for the other groups of the community wanting it for non- hockey purposes. Therefore by having one rink designated for hockey it should serve all the needs of the hockey community. We know what our ice times are going to be and what the uses are going to be. Ice time not used by the hockey community could be avail- able for other uses. The association is not saying the rink would be used exclusively for hockey but certainly would like to be able to interact at the beginning of the season to get their time scheduled first. Whatever else is available certainly would be open to the community and would be charged for to help reduce the costs for everyone. Alderperson Hoffman stated that a second rink could have significant financial implications for the city. He asked if the rink would be self supporting or if the city will end up having to put an additional line in the budget for this. Planning Director Van Cort responded to financial questions and operating expenses. A second rink should be a break -even operation. He has a file of financial information in his office if anyone wishes to review it and John Doyle also has all the information. Alderperson Schlather asked Mr. Sciarabba questions regarding construction of the facility. Mr. Sciarabba responded by reading what the contractor has included for $700,000. Further discussion followed on the floor. Alderperson Schlather asked that the Primary Issues (attached to Andrew Sciarabba's letter to Alderperson Cummings, dated September 14, 1987) be amended to read as follows: PRIMARY ISSUES - City of Ithaca will provide land adjacent to the Cass Park rink and will accept the facility which will be used pre- dominately for hockey. All future operating revenues and costs will be the responsibility of the city. - The hockey community will raise all funds needed for the design and construction (including equipping, furnishing, and landscaping) of the facility. The city agrees to cooperate to apply for any matching federal and state funds. No counstruction will occur until the city is satisfied that all funds have been procured. - City will agree to establish an advisory committee whose function shall be to have input into policies and discussions affecting the rink operation. Some of these concerns might be setting of ice rental rates, selling of advertising space in the rink or on the dasher boards, summer ice programs, etc. - City agrees to charge fees for usage for non- hockey purposes. - City agrees that the construction of the second hockey rink will not preclude continued use for the first rink for hockey purposes. 357 -7- October 7, 1987 A vote on the resolution resulted as follows: Carried Unanimously Recess Common Council recessed at 9:25 p.m. and reconvened in regular session at 9:50 p.m. Northside Rezoning Alderperson Cummings stated that at the next Council meeting the Planning $ Development Committee anticipates bringing in a resolution calling for a public hearing for rezoning of the Northside triangle. Housing Recommendations Alderperson Cummings summarized the recommended actions of the Strategic Housing and Neighborhoods Plan and answered questions from Council members. Alderperson Hoffman asked that rent stabilization continue to be investigated. Mayor Gutenberger asked that the Planning & Development Committee, LO at next month's Council meeting, have a specific recommendation LO on how that issue will be addressed. Co Further discussion followed on the floor. Q Alderperson Cummings commended the p g press and particularly Mark Schultz for the attention that they have given the housing and neighborhood issues over the years. RESOLVED, That the Ithaca Urban Renewal Agency and its Executive Director be are are hereby authorized to solicit proposals for sale of the Annex, and be it further RESOLVED, That such proposals be evaluated on the proposed reuse of the structure, the appropriateness of any planned alterations of the exterior of the structure and the purchase price, and be it further RESOLVED, That the Ithaca Urban Renewal Agency is hereby directed to recommend to Common Council as to its selection of purchaser for the Council's review and action. Alderperson Cummings stated that the recommendation of the Urban Renewal Agency as the agency in charge of this disposition is something which has been carefully thought out with legal advice. It is imperative that we have the discretion to be able to properly allocate such a city resource, that it is used for long -range goals to benefit the city. Alderperson Cummings also suggested that the proceeds from the sale of the building be set aside as the city's first contribution to the Housing Trust Fund. City Hall Annex Disposition By Alderperson Cummings: Seconded by Alderperson Dennis WHEREAS, the City Hall Annex at the corner of Cayuga and Green Street has been vacant for some time, and WHEREAS, the Common Council its fair has caused to be prepared an appraisal of market value; now, therefore, be it RESOLVED, That the Common Council does hereby declare the Annex to be surplus, and be it further RESOLVED, That the Ithaca Urban Renewal Agency and its Executive Director be are are hereby authorized to solicit proposals for sale of the Annex, and be it further RESOLVED, That such proposals be evaluated on the proposed reuse of the structure, the appropriateness of any planned alterations of the exterior of the structure and the purchase price, and be it further RESOLVED, That the Ithaca Urban Renewal Agency is hereby directed to recommend to Common Council as to its selection of purchaser for the Council's review and action. Alderperson Cummings stated that the recommendation of the Urban Renewal Agency as the agency in charge of this disposition is something which has been carefully thought out with legal advice. It is imperative that we have the discretion to be able to properly allocate such a city resource, that it is used for long -range goals to benefit the city. Alderperson Cummings also suggested that the proceeds from the sale of the building be set aside as the city's first contribution to the Housing Trust Fund. 35g -8- October 7, 1987 Mayor Gutenberger and Alderperson Schlather asked that this not be made a part of the resolution as there will be ample opportunity to address where the proceeds will go once the property is disposed of. Alderperson Hoffman asked that the property be evaluated as a place for affordable housing. Planning Director Van Cort explained that it would be far better to take the proceeds from sale of the building and give it to an agency who knows how to do affordable and low income housing. He suggested that the capital from the dis- position of this building could be turned over to the Ithaca Neighborhood Housing Services which has a proven record of doing this type of thing. Alderperson Schlather clarified for the record that the Council is simply delegating to the IURA the responsibility for reviewing and recommending but the final decision will be the Councils. Further discussion followed on the floor. Mayor Gutenberger stated that he has received the appraisal on #S's Fire Station. He asked council if they wanted to include that in the resolution so they can be dealing with those two pieces of property in the same manner. Council agreed to make #S's Fire Station a part of the resolution. pvwgw���een: Seconded by Alderperson Cummings RESOLVED, That the resolution read as follows: WHEREAS, The City Hall Annex at the corner of Cayuga and Green Street and #S's Fire Station on East State Street have been vacant for some time, and WHEREAS, the Common Council has caused to be prepared an appraisal of its fair market value; now, therefore, be it RESOLVED, That the Common Council does hereby declare the Annex and #S's Fire Station to be surplus, and be it further RESOLVED, That the Ithaca Urban Renewal Agency and its Executive. Director be and are hereby authorized to solicit proposals for sale of the Annex and #S's Fire Station, and be it further RESOLVED, That such proposals be evaluated on the proposed reuse of the structure, the appropriateness of any planned alterations of the exteriors of the structure and the purchase price, and be it further RESOLVED, That the Ithaca Urban Renewal Agency is hereby directed to recommend to Common Council as to its selection of purchaser for the Council's review and action. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Section 36 - Environmental Quality Review -of the City of Ithaca Municipal Code By Alderperson Schlather: Seconded by Alderperson Romanowski 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: October 7, 1987 359 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 (6000� 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: 15. Ministerial action: an action performed upon a given statement of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, such as the grant LO 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 M the issuance of any building permit or any other permit Q 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 listed in Subparagraph[, Paragraph 1, Subdivision B of Section •36.5 of this Chapter. Section 3. Amending Section 36.5 of said Chapter That Part iii, Subparagraph I, Paragraph 1, Subdivision B of Section 36.5 be amended to read as follows: (iii) Fall Creek (including its associated gorge and rim area between the outlet of Beebe Lake and Lake Street), Six Mile Creek (including its associated gorge and rim area between the southern boundary of the City and Aurora Street), Cascadilla Creek (including its associated gorge and rimnbetwee'n'TCampus Road 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. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously (600,,� An Ordinance Amending Section 26 Entitled "Building Code Enforcement" of the City of Ithaca Municipal Code By Alderperson Schlather: Seconded by Alderperson Romanowski ORDINANCE NO. 87 - AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDING CODE ENFORCEMENT" OF THE CITY OF ITHACA MUNICIPAL CODE. 360 -10- October 7, 1987 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 26.38 Subdivision G of the Ithaca Municipal Code entitled "Demolishing Buildings" is hereby repealed and a new Subdivision G is hereby added which shall read as follows: G. Notwithstanding the penalties provided in Section 26.100 of this Chapter, any person who shall demolish a building or structure without a permit issued pursuant to this Section or who shall otherwise knowingly violate any of the provisions relating to demolishing buildings herein or violate a lawful order, notice, directive, or permit of the Building Commissioner relating to demolishing buildings shall be punishable by a fine of not less than one hundred dollars ($100) nor more than fifteen hundred dollars ($1500.00) for each such violation or by imprisonment not to exceed thirty days or both. 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. Alderperson Schlather gave background information on the ordinance. He explained to Council that it was the intent of the committee to impose the highest maximum fine allowable by law. The Asst. City Attorney was not sure at the time what that number was but has since researched it further and the only limitation is that the number cannot go so high as to be arbitrary. Therefore, Alderperson Schlather asked the resolution be changed from $1500.00 to $5000.00. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Haine RESOLVED, That the figure of fifteen hundred dollars be changed to five thousand dollars for each such violation. Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously ACC Administrative Request for Proposals By Alderperson Schlather: Seconded by Alderperson Dennis WHEREAS, ACC has requested an Administrative Hearing pursuant to the Cable Commission Act of 1984, and WHEREAS, it appears that the most efficient and fair way of conducting such hearing is by use of a Hearing Officer who shall conduct such hearings and recommend to Common Council certain findings of fact at the conclusion thereof, and WHEREAS, it is essential to due process of law that said hearings be conducted fairly and within the constraints and guarantees of procedural due process; now, therefore, be it RESOLVED, That this Common Council does direct the City Attorney to prepare a request for proposals by prospective Hearing Officers which shall include the following minimum terms: The Hearing Officer shall be an attorney duly licensed to practice law in New York State; the relationship between the Hearing Officer and the City of Ithaca shall be contractual; 361 -11- October 7, 1987 the Hearing Officer shall conduct the proceedings in accordance with procedures as prepared by the City Attorney, consistent with due process of law; the Hearing Officer shall make a stenographic record of all hearings; at the conclusion of the hearings, the Hearing Officer shall recommend to Common Council his /her proposed findings of fact; the hearings shall be completed and recommendations made no later than December 10, 1987, and be it further RESOLVED, That upon receipt of any proposals in response to this request therefor, the City Attorney shall make recommendations in connection therewith to the Budget and Administration Committee for review by that committee at its October committee meeting. Discussion followed on the floor regarding the type of hearing that should be held. Alderperson Schlather explained the different procedures that could be used and the timing involved with regards to those hearings. m Amending Resolution Q By Alderperson Schlather: Seconded by Alderperson Dennis RESOLVED, That the first resolved read as follows: "RESOLVED, That this Common Council does direct the City Attorney to select prospective Hearing Officers who shall operate in accordance with the following minimum terms: ", and that the second resolved be amended to read as follows: "RESOLVED, That the City Attorney shall make these recommendations to the Cable Neogtiating Committee for review by that committee in selection of a Hearing Officer." That a final RESOLVED be added to read as follows: "RESOLVED, That an amount not to exceed $5000.00 be transferred from Contingency Account to the City Attorney's Contractual Services Account to hire a Hearing Officer." Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Parking Fines Report Alderperson Schlather reported that the Charter and Ordinance Committee is recommending that the City raise the fines from $2.00 to $3.00. There is a dissent on that. There was some discussion at $5.00. They recommend $3.00 and intend to come to Council at the November meeting with a resolution. Hot Dog Cart Application Report Alderperson Schlather stated that the Charter and Ordinance Committee has referred this matter back to the Commons Advisory Board with a request that they consider the quesitons of numbers of carts owned; whether or not smoke generating and odor generating functions can be used and whether or not tables should be permitted to be set up next to carts. The CAB is looking at it. They are not too optomistic on the odor generating and the table aspects but they are looking at all the issues. They will be recommending some changes to Council. 362 -12- October 7, 1987 Request for Acceptance of Late Application to Operate Push Cart on The Commons for Winter Season Alderperson Schlather stated that Common Council has the authority to accept late applications for carts on The Commons. Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That the Common Council accepts the late filing of the application of David Radin to operate a pushcart on The Commons for the winter season. Alderperson Schlather clarified that Common Council is not granting the permit. That is the Commons Advisory Board's responsibility. Common Council is only accepting the late filing of the application. A vote on the resolution resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: Ithaca Housing Authority Comparability By Al erperson Dennis: Seconded by Alderperson Killeen WHEREAS, according to Article 3, Section 32 (1), of the New York State Public Housing Law, it is necessary for the local legislative body to approve the compensation of personnel in the local Housing Authority, as fixed by the local Housing Authority, and WHEREAS, this Common Council has received a resolution from the Ithaca Housing Authority establishing positions, compar- ability, salary range and salaries for its personnel; now, therefore, be it RESOLVED, That this Common Council approves the following positions, comparability, salary range and salaries, as adopted by the Ithaca Housing Authority for its fiscal year October 1, 1987 to September 30, 1988. Salary Position Comparability Range Salary Executive Director Director of Planning $35,243 - $42,284 � Development / 52,169 Controller Assistant Director Deputy Director Plan- $31,324 - $30,200 ning & Development 38,111 Principal Account City of Ithaca $13,554 - $20,559 Clerk C.S.E.A. 19,292 Administrative City of Ithaca $12,427 - $16,017 Secretary C.S.E.A. 17,687 Site Manager Planner III $15,582 - $18,685 22,178 Account Clerk/ City of Ithaca $ 9,485 - $11,527 Typist C.S.E.A. 13,500 Account Clerk/ City of Ithaca $ 9,485 - $ 9,485 Typist C.S.E.A. 13,500 Stock Manager City of Ithaca $15,654 - $17,038 C.S.E.A. 22,280 Supervisor of School District $19,212 - $22,208 Maintenance C.S.E.A. 26,480 Building Mainten- School District $15,827 - $19,856 ance Mechanic C.S.E.A. 23,375 Building Mainten- School District $15,827 - $18,648 ance Mechanic C.S.E.A. 23,375 363 Audit By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #18/1987, in the total amount of $35,336.66 be approved for payment. Carried Unanimously Personnel Associate By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1987 Authorized Personnel Roster for the Personnel Department be amended to include the addition of a Personnel Associate position, and be it further RESOLVED, That the salary for this position be established at $22,387 for the year 1987, that being Step 8 on the 1987 Compensation Plan for employees not covered by a union. Discussion followed on the floor. Alderperson Dennis stated that a person will be hired in this position almost immediately and a job description was put out and it was re -done by Civil Service and approved. Personnel Administrator Baker answered questions from the Council. A vote on the resolution resulted as follows: Ayes (9) - Romanowski, Lytel, Cummings, Haine, Dennis, Booth, Killeen, Hoffman, Peterson Nay (1) - Schlather Carried -13- October 7, 1987 Salary Position Comparability Range Salary Building Mainten- School District $15,827 - $15,692 ance Mechanic C.S.E.A. 23,375 Maintenance Worker City of Ithaca $ 5.11 - $ 6.48 Hr. C.S.E.A. 5.97 Hr. Maintenance Worker City of Ithaca $ 5.11 - $ 5.96 Hr. C.S.E.A. 5.97 Hr. Maintenance Worker City of Ithaca $ 5.11 - $ 5.83 Hr. C.S.E.A. 5.97 Hr. Laborer City of Ithaca $ 4.75 - $ 5.36 Hr. C.S.E.A. 5.56 Hr. Laborer City of Ithaca $ 4.75 - $ 5.36 Hr. C.S.E.A. S.S6 Hr. 1 Summer Camp City of Ithaca $ 7.00 Hr. $ 2,450 Director (Seasonal) 2 Assistant City of Ithaca $ 5.00 Hr. $ 3,500 Director (Seasonal) 3 Counselors City of Ithaca $ 4.00 Hr. $ 4,200 L.0 (Seasonal) Section 8 Admin- Planner III $iS,S82 - $19,146 m istrator 22,178 Q Part -time Tenant City of Ithaca $ 8,379 - $ 3,200 Relations Clerk C.S.E.A. 11,926 Senior Account City of Ithaca $10,433 - $12,907 Clerk C.S.E.A. 14,849 Carried Unaimously Budget Approriation Transfers By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the City Controller be empowered to make transfers within the 1987 Budget Appropriations as may be needed, in accordance with Section 2.24 of the City Charter. Carried Unanimously Audit By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #18/1987, in the total amount of $35,336.66 be approved for payment. Carried Unanimously Personnel Associate By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the 1987 Authorized Personnel Roster for the Personnel Department be amended to include the addition of a Personnel Associate position, and be it further RESOLVED, That the salary for this position be established at $22,387 for the year 1987, that being Step 8 on the 1987 Compensation Plan for employees not covered by a union. Discussion followed on the floor. Alderperson Dennis stated that a person will be hired in this position almost immediately and a job description was put out and it was re -done by Civil Service and approved. Personnel Administrator Baker answered questions from the Council. A vote on the resolution resulted as follows: Ayes (9) - Romanowski, Lytel, Cummings, Haine, Dennis, Booth, Killeen, Hoffman, Peterson Nay (1) - Schlather Carried 364 -14- October 7, 1987 Planning Department Authorized Equipment List By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That the 1987 Authorized Equipment List of the Planning Department be amended to include the purchase of one secretarial work station, at a cost not to exceed $3,899.00, and be it further RESOLVED, That an amount not to exceed $3,899.00 be transferred within the accounts of the Planning Department from A8020 -435, Contractual Services, to A8020 -210, Office Equipment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Rice Associates Contract By Alderperson Dennis: Seconded by Alderperson Cummings RESOLVED, That an amount not to exceed $4,500 be transferred from Account 1990, Contingency, to Planning Department Account A8020 -435, Contractual Services, to provide additional funding for services being provided by Rice Associates on franchise negotiations. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Recycling Incentive Program By Alderperson Dennis: Seconded by Alderperson Schlather RESOVLED, That there is herewith created for all City residents the "Recycling Incentive Program ", with the following rules: 1. Participation is limited to users of the City of Ithaca which use municipal refuse collection services. 2. On each municipal refuse collection day, the Sanitation Supervisor shall randomly select a user from those users to be serviced that day for inspection of its curbside recyclable materials and possible certification as a "winner ". 3. The Sanitation Supervisor, or his designee, shall inspect the curbside recyclable materials of the selected user. If the curbside recyclable materials are properly separated, as required by the Ithaca City Recycling Ordinance, then the selected user shall be certified as a "winner ". The City may publicly announce names of winners. If the curbside recyclable materials are not properly separated, then the selected user shall not be a "winner" and shall be so notified, in writing, by the Sanitation Supervisor. The City shall not announce the name of any person who fails to win this cash prize. 4. A "winner" shall be awarded a cash prize of $25.00, plus any accumulated prize money from previous day(s) which had not been awarded because of non- compliance. S. The "Recycling Incentive Program shall begin on Monday, October 12, 1987, and end on Friday June 3, 1988. 6. The City of Ithaca reserves the absolute right to modify thses rules at any time for any reason, including any need to comply with applicable law. 0 J -Is- October 7, 1987 365 Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the following be added to #4: "That no user may win the cash prize more than once." Ayes (1) - Booth Nays (9) - Dennis, Haine, Hoffman, Peterson, Romanowski, Killeen, Schlather, Cummings, Lytel Motion Defeated Amending Resol By Alderperson RESOLVED, That of the City of Ayes (2) - Nays (8) - ation Lytel: Seconded by Alderperson Romanowski the following be added to #4: " That employees Ithaca are not eligible to win this prize." Lytel, Romanowski Schlather, Dennis, Cummings, Haine, Hoffman, Booth, Killeen, Booth Motion Defeated Main Motion A vote on the Main Motion resulted as follows: LoIq Ayes (8) - Schlather, Lytel, Hoffman, Cummings, Haine, Dennis, Booth, Killeen Nays (2) - Peterson, Romanowski m Carried EN Youth Services By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That in lieu of a Youth Services Contract with outside municipalities, the policy of the Ithaca Youth Bureau for participation by non -city residents shall be as follows: 1. Fees shall be based on total program costs and /or market conditions for similar activities in other local or regional entities. 2. Those programs wherein the collection of fees are either not permissible, or not practicable, shall no longer be extended to non -City residents. and be it further RESOLVED, That all municipalities in which current Youth Bureau participants reside be advised accordingly. Additionally, all such municipalities are hereby invited to participate by contract, at their proportionate share of the total Youth Bureau budget based on their percentage of participation in Youth Bureau programs, as determined by the City; the residents of any such municipalities so participating by contract shall be treated the same as City residents for purposes of participation in Youth Bureau programs and payment of fees. Discussion followed on the floor. Alderperson Schlather stated that the City has for too long provided not just for city residents, but in fact, for the overwhelming majority of youth in the county. Only about one -third of the users of the Youth Bureau are City residents and we are not getting anywhere the proportionate share from the non -city municipalities. In reply to Mr. Desch's letter, Alderperson Schlather stated that the City has many times alerted the Town of this situation. Alderperson Booth expressed concern about the short term impacts on a department that has lots of people working in it. 66 -16- October 7, 1987 Alderperson Schlather stated that these issues would be addressed during the budget hearings. Mayor Gutenberger stated that the City tried to extend the negotiating time and we were rebuffed very quickly since there seems to be no interest on the part of the Town to participate. The City has to make some decisions if there is going to be a drastic impact on our employees or partici- pation or income. What we are really saying is that on the first of January, that in the absence of any other agreement non -city participants will have to pay a lot more money. Discussion followed on the floor. Alderperson Booth moved to table the resolution. There was no second. Mayor Gutenberger asked if, in fact, the Youth Bureau Board had not had a chance to discuss this resolution he would hope that the Council would hold off on a vote until the Youth Bureau Board had a chance to look at it. Further discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Dennis, Haine, Hoffman, Lytel, Cummings, Peterson, Killeen, Romanowski, Schlather Nay (1) - Booth Carried Collegetown Tax Benefit District Planning and Development Deputy Director Mazzarella spoke to Common Council regarding special tax benefit district assessments in Collegetown. It is his understanding that the city can assess Cornell University for a share of a portion of developing the parking garage as we intend. If the Common Council is in agreement with the basic concept that has been put forward, then we would proceed to the next step, which is to have the Board of Public Works call for a public hearing on this proposal, hear comments from the public, especially those people that are in the affected area, and if they choose, make amendments to the proposal, then send it back to Common Council for final approval. He would like to see Council move quickly on this matter so that the program can be in place in time for these assessments to be mailed out with the tax bills in January 1988. Even though the bills would be mailed out in January they would not have to pay this assessment until June 1988. Deputy Director Mazzarella answered questions from Council members. Alderperson Schlather suggested that the City move forward with this proposal and if it becomes unmanageable•we could delay it at that point. HUMAN SERVICES COMMITTEE: Human Services Plan By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, the City of Ithaca has, in the past, funded private, not- for - profit agencies that provide services for certain human needs of residents of the City of Ithaca, and WHEREAS, this funding was drawn from Federal Revenue Sharing funds which have now been discontinued, and -17- October 7, 1987 367 WHEREAS, the City does not have a Human /Social Services/ Health Department to provide for these needs other than youth services, and WHEREAS, the City wishes to continue to fund these services providing that they have met the City's review criteria and the Human Services Coalition process and provide a service as identified under the City of Ithaca Human Services Plan; now, therefore, be it RESOLVED, That the following areas of human services are identified as crucial to the provision of a good quality of life for all Ithacans, and that the City may meet the need for these services through contracts with specific agencies. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Clinton Hall - Handicapped Accessibility By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, Clinton Hall has received government funding, and WHEREAS, handicapped accessibility is mandatory for projects receiving such funds, and WHEREAS, Clinton Hall has not yet been made completely and satisfactorily accessible; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, in conjunction with the Building Commissioner, ensure that this building be made immediately and fully handicapped accessible through all appropriate means. Discussion followed on the floor. Alderperson Peterson referred to a letter from owner of Clinton Hall, Joseph Ciaschi, regarding making Clinton Hall handicapped accessible. Building Commissoner Hoard and Executive Director of Community Development, Goldwyn, answered questions from Council members. booe Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously HUMAN SERVICES PLAN — 1988 1. Emergency food, clothing, supplies 2. Temporary shelter 3. Child care (n 4. Skills development = 5. Transportation - seniors, disabled M Q 6. Housing assistance for low -mod income 7. Assistance to low income for basic needs 8. Youth services 9. Senior citizens services Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Clinton Hall - Handicapped Accessibility By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, Clinton Hall has received government funding, and WHEREAS, handicapped accessibility is mandatory for projects receiving such funds, and WHEREAS, Clinton Hall has not yet been made completely and satisfactorily accessible; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, in conjunction with the Building Commissioner, ensure that this building be made immediately and fully handicapped accessible through all appropriate means. Discussion followed on the floor. Alderperson Peterson referred to a letter from owner of Clinton Hall, Joseph Ciaschi, regarding making Clinton Hall handicapped accessible. Building Commissoner Hoard and Executive Director of Community Development, Goldwyn, answered questions from Council members. booe Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 368 -18- October 7, 1987 New Position for Labor Community Al erperson Peterson reported that the Human Services Committee agreed that the position is well. worth considering and to move forward with it during the budget process at which time it would be discussed. Police Recommendations Alderperson Peterson stated that the report on Police Recommenda- tions should be available in November for Common Council. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: New Fire Stations Committee Alderperson Killeen stated that a report was given to the New Fire Stations Committee by Architect Egner. It was presented to the Budget and Administration Committee last Thursday night. The price tag is about twice as much as the figures that were discussed. The Budget Committee encouraged City Engineer Gray to see what he could come up with in terms of paring down those figures. He is in the process of doing that now. The Trustees of Ithaca College did look at the figures and delegated a final review to President Whelan. There is still support and interest there. Likewise, the Town of Ithaca, at their budget presentation were somewhat shocked at these budget figures but again they have faith that the figures can be pared down. RSVP Alderperson Killeen reported that RSVP had their eleventh recognition dinner with 300 volunteers who contribute a valuable service to the community. UNFINISHED AND MISCELLANEOUS BUSINESS: Resolution to New York State Department of Transportation - Route 96 By Alderperson Peterson: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has learned that the New York State Department of Transportation Draft Environmental Impact Statment for the Route 96 /Octopus project will not be ready until early 1988, and WHEREAS, this additional delay has caused much frustration for citizens and City, Town and County officials alike, and WHEREAS, the City, Town and County, in good faith, had funded additional studies to coincide with an expected early summer presentation of the DEIS, and. WHEREAS, the study was completed and the City informed residents that the DEIS was forthcoming; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca insists that the DEIS be no further delayed and that the Mayor send a copy of this resolution forthwith to the New York State Department of Transportation. Carried Unanimously Bikeway Eminent Domain Issue - Cayuga Inlet Alderperson Hoffman reminded Council that a decision has to be made regarding the emiment domain issue for the bikeway project. He suggested that Council members go down there and look at the site. Employment Maintenance Recommendations Alderperson Dennis stated that the Employment Maintenance Recommendations have been sent to the Budget and Administration Committee. The committee would like more discussion from the Mayor on the three proposals. -19- October 7, 1987 Mayor Gutenberger stated, for the record, that TCAD has endorsed the first and third of those recommendations and that the position is in his 1988 budget request. He further stated that he will attend the next B&A meeting for further discussion. NEW BUSINESS: UAW Stike Against Cornell University By Alderperson Lytel: Seconded by Alderperson Hoffman WHEREAS, the United Auto Workers Local 2300 has gone on strike against Cornell University, and WHEREAS, Local 2300 is the largest collective bargaining unit in Tompkins County, and WHEREAS, the UAW is taking a stand on behalf of workers on the lowest end of the local wage scale, and WHEREAS, the ability of the union to prevail in this dispute is dependent in large measure on their ability to remain on strike until the university shows some movement on its most recent wage offer, and WHEREAS, a key obstacle to faculty support for the strike Lo is the ability to continue to hold classes in off- campus facilities, and M WHEREAS, the City has the ability to contribute to the solution Q of this problem; now, therefore, be it RESOLVED, That the City of Ithaca encourages both parties to continue to negotiate in good faith, and be it further RESOLVED, That if the strike is still unsettled one week from today (Wednesday October 14th) the Common Council Chambers be be offered as an alternative location for classes on a space - available basis and that this Common Council encourages theater - owners and owners of other large downtown public facilities to do likewise, and be it further RESOLVED, That, if possible, Ithaca Transit is hereby authorized and directed to institute bus service along a local loop linking the Cornell campus with City Hall and other alternative classroom locations, and that the cost of this service be met by standard farebox revenues, and be it further RESOLVED, That, if possible, this special bus service remain in effect until the strike is settled. Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the third and fourth Resolved paragraphs be deleted from the resolution. Further discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (3) - Schlather, Romanowski, Cummings Nays (6) - Dennis, Lytel, Booth, Killeen, Hoffman, Peterson Abstention (1) - Haine Motion Defeated Alderperson Schlather stated for the record that he cannot support this resolution with the last two Resolved paragraphs included. He is voting against the resolution not because he is against supporting the strike but because he honestly thinks we are creating a logistical nightmare that we cannot address within the week. 361 370 -20- October 7, 1987 Alderperson Romanowski stated for the record that he is not going to support the resolution. He is a union person, a member of the AFL -CIO, but because of cinsideratio�l of not being consulted, and not being able to fully understand what all the implications are, he cannot in good conscience support it. A vote on the Main Motion resulted as follows: Ayes (4) - Nays (5) - Abstention Lytel, Dennis, Killeen, Hoffman Peterson, Booth, Schlather, Romanowski, Cummings (1) - Haine Motion Defeated Commendation to Ithaca College for Proposed Additional Dormitories for Student Housing By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, Common Council has learned that Ithaca College plans to create additional housing for 300 students in dormitory facilities, and WHEREAS, a need for housing exists in the City of Ithaca, especially when institutions like Ithaca College add students without providing housing for that expansion, and WHEREAS, without additional increments of housing, students have a significant effect on the off campus housing supply, and WHEREAS, Ithaca College has shown considerable sensitivity to the effect of students on housing and neighborhoods and an awareness of the need to provide appropriately located, decent, safe and standard housing for its students; now, therefore, be it RESOLVED, That Common Council applauds Ithaca College's decision and offers staff assistance In continuing to solve mutal housing problems. Carried Unanimously Stewart Park Land for Chamber of Commerce Alderperson Hoffman stated that he understands that the Town of Ithaca is considering rezoning the parcel where the Chamber of Commerce may be located and possibly additional areas, making them into a special zone for office buildings. He asked if the Planning and Development Committee could look at this prior to the public hearing. Alderperson Cummings responded that what has happened is there were two proposals being advanced simultaneously to the Town Board. It is her understanding that the Town Planning Board voted to advance the simple parcel rezoning rather than the larger zone. The simple rezoning is their preferred plan and it is being sent to the City's Planning and Develop- ment Committee for input on it. The PFD Committee will be looking at both proposals. OLD BUSINESS: Farmers' Market Location - Referral By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the question of the Farmers' Market location in the West End for 1988 and beyond be referred to the Planning and Development Committee in conjunction with the Planning and Development Board for review, recommendation and action D 'i Iq LD m Q -21- October 7, 1987 prior to consideration of licensure of the site by the Board of Public Works. Discussion followed on the floor. A vote on the resolution resulted as follows: ADJOURNMENT: On a motion the meeting adjourned at 1:15 A.M. Callista F. Paolangeli City Clerk 371 Carried Unanimously