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HomeMy WebLinkAboutMN-CC-1988-01-06Regular Meeting PRESENT: Mayor Gutenberger Alderpersons (10) 473 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:30 P.M. January 6, 1988 - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS RPESENT: City Attorney - Nash City Controller - Spano Deputy City Controller- Cafferillo City Clerk - Paolangeli Planning & Development Director - Van Cort Youth Bureau Acting Director - Wilson Personnel Administrator - Baker Building Commissioner - Hoard Fire Chief - Olmstead Police Chief - Page Planning & Development Deputy Director - Mazzarella Superintendent of Public Works - Dougherty I. Personnel Associate - Walker City Engineer - Gray LD Board of Public Works Commissioner - Daley = Preservation /Neighborhood Planner - Chatterton m Planning � Development Board Chairperson - Blumenthal Q PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of December 2, 1987 Council Meeting By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the December 2, 1987 Common Council be meeting be approved as published. Carried Unanimously Annroval of Minutes of Reconvened Council Meeting of December 7, 1987 By Alderperson Schlather: Seconded by Alderperson Lytel RESOLVED, That the Minutes of the reconvened Council meeting of December 7, 1987 be approved as published. Carried Unanimously DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Schlather requested that Item 16.6, Sidewalk Assessments, be deleted from the agenda. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of Item 18.5, a report on the New Fire Stations Committee. No Council member objected. New Business Alderperson Killeen requested that the title of Item 20.2 be changed to read "Director of Parks and Recreation ". No Council member objected. Alderperson Nichols requested that Item 20.1, regular meeting hours for Common Council meetings be moved up in the order of the agenda. Mayor Gutenberger, as Chair,objected to the request and the order of the agenda was not changed. 474 -2- January 6, 1988 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: ACC Franchise Edward Humulock, 308 North Titus Avenue, spoke to Council regarding the ACC franchise. He objects to the franchise being for 1S years. Task Force for the Homeless Anne Hales, 12 Burns Road, Brooktondale, a member of the Task Force for the Homeless, spoke to Council regarding the resolution on tonight's agenda. The Task Force has identified 61 homeless people in Ithaca. She urged Council members to open up buildings for emergency use for our homeless in Ithaca. I ) ACC Franchise Earl Roe, 420 North Geneva Street, spoke to Council regarding the ACC franchise. He read the following statement: "To lock the City of Ithaca into a IS year contract without provisions of reducing it to 10 years or to be unable to re- negotiate in the event of a scientific technical develop- ment in the TV electronic field borders on the irresponsible and short - sightedness. A new break through, and they are coming about regularly, would leave the city's TV subscribers locked into the cost of an obsolete and costlier system without provision to be able to share in the reduction of cost that a new break through could provide. The Common Council is duty bound to protect its subscribers with some provisions that would be most desirable and beneficial to its citizens." Ithaca Farmers' Market Anna Steinkraus, 345 Shaffer Road, Newfield, President of Ithaca Farmers' Market, gave an update on the Ithaca Farmers' Market to Council. She stated that the market did submit an Environmental Assessment Form and it was passed by the Conservation Advisory Council on December 16th, and it should now be at the Charter and Ordinance Committee for review. A packet of materials from the Ithaca Farmers' Market, including a copy of a letter that the Market sent to the NYS Parks, Recreation and Historic Preservation trying to help clarify the legal issue of the Market has been sent to Council members and the Mayor. Included in that packet is a response from the Director of Green Market for New York City. She read the following paragraph from that correspon- dence: "Our history regarding use of parkland for Farmers' Markets has been positive. We operate on the 7 park sites out of 19, often at the request of local community groups. The Department of Parks and Recreation has found that this seasonal, weekly use is compatible with its recreation policy; the activity is festive, joyful and educational." Ms. Steinkraus further stated that the Market has contacted the Community Dispute Resolution Center and are planning to work out something through them to try to meet with West - End merchants. She urged Council to as quickly as possible help the Market get a final agreement for the 1988 season. Citizens to Save Stewart Park Doria Higgins, 2 Hillcrest Drive, read the following statement to Council: "As you know, we have spoken to you on several occasions about the legal propriety of various city actions concerning park lands. On December 9, 1987 we sent a letter to Mayor Gutenberger - asking for a moratorium on the city's deci --ion to make Park available to the Chamber of Commerce until the legalities -3- January 6, 1988 of that action had been more throughly studied. We cited a number of court decisions which we have been told by lawyers had bearing and which suggested that the city may have acted without proper authority. In reply we received, on December 15th, a letter from City Attorney Nash enclosing an abstract of a 1980 opinion from the NYS Attorney General's Office concerning the leasing of waterfront property in Kingston, New York on which opinion Mr. Nash said he had "relied ". Since receiving that letter we have talked to the lawyer who was City Attorney in Kingston at the time and to a lawyer at the NYS Parks and Recreation but it was not clear to them that this opinion about waterfront property in Kingston applied to our local situation. We think the best way for Ithaca to get an answer to this question is for the city to ask the Attorney General's Office for an opinion about our local situation. ri We have drafted a letter, hopefully for the city's signature Iq asking the Attorney General's Office to address the question Lo of whether the City of Ithaca has the authority to license = the use of a part of Stewart Park land for non -park purposes m and under circumstances which seem to indicate a longer period than the one year term of the revocable license. Q We have discussed our letter with people at the Attorney General's Office and even read the letter to one lawyer there. We told him that we did not want to question this matter if it was clear that the city did have authority for their action. He said it was a "worthwhile question" in that the answer is not immediately clear. He saw the "operative factors" as less than the details we had given but said that leaving them in would give them a clearer picture of the overall situation. Therefore, we ask that you not cut the letter if you do send it. So Mr. Mayor, we ask you to send this letter. If indeed the city does have the authority for the Stewart Park action, the city will be vindicated and you will have gained an increase in public good will by responding to and reassuring a community which has become increasingly concerned over recent procedures and decisions about park lands. And if it turns out that the city does not have authority for the Stewart Park action, the sooner we learn so the better." Ms. Higgins presented the following draft of a letter for possible signature by Ralph Nash, City Attorney: "Mr. Peter Schiff, Deputy Solicitor General Attorney General Department of Law Room 220 Albany, New York 12224 Dear Mr. Schiff: We would like your opinion on the following licensing action by the City of Ithaca. The city is making available to Tompkins County Chamber of Commerce, a private non- profit organization, a portion of city Stewart Park land for the purpose of constructing an asphalt parking lot and an asphalt access road to serve the new office and visitors center building which the Chamber plans to build on a town lot contiguous to the city park land. The Chamber has not yet acquired this lot. 475 476 -4- January 6, 1988 Because the town lot is too small (only 60' wide) to contain the parking (up to 81 vehicles per hour) and access road necessary for the Chamber- purposes, and because no other land is presently available for these purposes, this lot can only be made workable for the Chamber if the city makes some of the park land available to them. This single lot is now in the process of being rezoned, for the Chamber by the Town of Ithaca, from R -15 to a "Special Land Use District ", a category devised by the Town in 1984. The area of the park land involved is on the periphery of the park and not part of the main recreational area, but it does serve as a green buffer zone from a local thoroughfare. The park land is being made available by the City to the Chamber by means of a revocable one year license. But the City will be under moral obligation to renew yearly since the Chamber will have gone to considerable expense in buying the lot, removing several buildings now on it, and constructing a new building. For the City to deny renewing the license under such conditions would be in effect to waste the money the Chamber will have expended. One other factor which may be considered relevant to your opinion is that there has been considerable protest by the public against what they see in this plan as both a diminishment of and an intrusion upon a much loved public park. In fact it was in response to protest from the community that the city decided to relinquish its earlier plan to let the Chamber build the office building itself in the park. The question we would like to have addressed is does the City of Ithaca have the authority to license park land to a private organization for non -park purposes and under circumstances which seem to involve a longer period than the one year term of the license? We will appreciate receiving your opinion on this matter. Sincerely yours, Ralph Nash City Attorney" Northside Re- zoning (Watts lot) Tia Rudd, 513 Willow Avenue, spoke to Council regarding the "Watts lot" in the Northside neighborhood. She commented on a survey that has been made in the neighborhood surrounding the "Watts lot" site. There were 53 households interviewed and the results were that 76.40 of the Northside residents prefer a zoning change to R -2b. She passed out copies of the survey to Council members and the press. Sarah Adams, 112 West Marshall Street, spoke to Council urging them to vote for the R -2b re- zoning. Stewart Park Resolutions Betsy Darlington, 205 Fairmount Avenue, representative to Stewart Park Advisory Group from the Conservation Advisory Council, and member of the SPAG Subcommittee read the following statement to Council: "I would like to briefly comment on the resolutions from SPAG that are on tonight's agenda. First, I hope that you will approve the creation of a Parks' Commission. Such a body of experts is badly needed, not just for Stewart Park but for all of the City's parks. As 1 see it, such a commission would take a close look at all -5- January 6, 1988 477 the city parks, set policy for them, and oversee planning and major maintenance issues in them. Their first task, of course, would be to address problems with Stewart Park. It has been pointed out to me that the wording of this particular resolution (18.2) may need some clarification. The Stewart Park Goals and Guidelines (p.6) recommends that the commission be made up of about 7 members, each with professional expertise in a particular area relavent to park policies. (Suggested areas are listed on page 6 of the Stewart Parks Goals and Guidelines. I would urge you to include such a list in your resolution. It may not be clear from the wording of our resolution that this was out intent when we wrote, ".. as mentioned in Goal #1 of the ...Goals and Guidelines, page 6." The commission must be comprised of individuals with real expertise. Second, the first SPAG resolution (18.1) should make very clear that it is only the Goals, as listed in the resolution, and not the various proposals that accompany these goals in Chapter 2, (p.6 and following) that SPAG is recommending that you adopt. Since our meeting, people have expressed 'q to me the feeling that the resolution, as we worded it, does LO not make this clear. Thirdly, my notes from our meeting indicate that the final m resolution (18.4) should read, "...be reviewed by a qualified a preservation architect, and acted on as soon as practicable." (Underlined words are not on tonight's resolution, and should be included.)" Ms. Darlington further commented on resolution 20.2. She has concerns about combining the Youth Bureau Director position with a Parks Manager position. She urged Council to have a Youth Bureau Director and a Parks Commissioner and separate them. Mayor Gutenberger stated that Betsy Darlington, Barbara Ebert, LaMoyne Farrell, and Leslie Chatterton have spent a lot of time working on the whole Stewart Park issue. It started out as the Stewart Park Master Plan, then was the Trowbridge Plan and is now the Stewart Park Goals and Guidelines. A debt of gratitude is owed to these people for the hundreds of hours that they have spent on this matter. Beatrice McLeod, 9S7 East State Street, stated to Council that a letter was recently delivered to our Mayor over some 200 signatures from every Ward in the City urging him to make good on his pre - election assurances that he would heed the community's desire for a more open government and more consideration of neighborhood interest by making committee appointments which would ease the strangle hold of a planning administration responsible for so much unhappiness and protest. Mayor Gutenberger commented that he has made a conscious effort to listen to and respond to the concerns that were raised during the Democratic primary. Environmental Quality Review Ordinance Joel Rabinowitz, 312 Farm Street, spoke to Council regarding the Environmental Quality Review Ordinance. fie asked Council to revise the ordinance. Northside Re- zoning (Watts lot) The following persons spoke to Council asking them to post- pone the decision on the Watts lot re- zoning in the Northside: Herman Sieverding, 114 Monroe Street Bonnie Blanding -May, 407 Second Street -6- Janaury 6, 1988 Stewart Park Resolutions Barbara Ebert, 120 North Cayuga Street, Director of Historic Ithaca, spoke to Council regarding the Stewart Park Advisory Group's resolutions that are on the agenda this evening. On the first resolution, the Stewart Park Advisory Group voted to approve the goals of that document and to use the guideline as a resource. That is the wording and the intent of the resolution. The fourth resolution recommends to Common Council that stablization of the Stewart Park buildings as suggested on page 17 and 18 of the "Stewart Park 1987 Preser- vation Goals and Guidelines ", did not unfortunately state the qualifications of any particular persons who might be involved in that stabilization but the intent and the discussion were that pages 17 and 18 would serve as a resource and they may indeed provide further clarification. Watt lot Re- zoning Issue Cathy Tucker, 305 Willow Avenue, spoke to Council regarding the Watt lot re- zoning issue. She stated the perhaps re- zoning that lot as R -2b could ensure some higher quality, lower - income housing for people who really need it. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS Planning and Development Board Susan Blumenthal, Chair of the Planning and Development Board, presented to Council a report on "Strategic Mousing and Neigh- borhood Plan ". Board of Public Works Joseph Daley, Commissioner of the Board of Public Works reported on the following items: �Hangar Theatre - Commissioner Daley reported that the Hangar Theatre has come before the Board to ask for a twenty year lease. They have recently been in a position to get a substantial grant to help them with their renovations of the theatre but there is a stipulation on the grant that they have to have a lease of at least 20 years. The feeling of the Board of Public Works is that they would like to give them that lease. The terms have not been worked out yet but with the tripartite agreement that is in effect the Hangar Theatre really is the only group for that site so the Board is going to be asking the Mayor to grant the lease for that period of time. Dryden Road Parking Ramp - Commissioner Daley reported that the Committee of the Whole has taken action on the permits at the Dryden Road Parking Ramp. They received an extensive report on the ramp. It has not been nearly as used as the Committee of the Whole expected it to be. However, the trends are good. One area that has not been utilized at all is the long -term parking permit system so the Committee of the Whole has lowered the fees for permits at night from $40.00 to $25.00 and the day time fees have been lowered from $40.00 to $35.00. Hopefully this will help bring people into the garage. If this is passed by the Board of Public Works it will become effective February 1, 1988 on a six -month trial basis. Alderperson Schlather asked Commissioner Daley if, as a matter of practice, the Board will require the Hangar Theatre to conduct environmental review before the Board passes on the decision to extend their lease. He stated that, in his opinion, the city ought to be conducting environmental reviews before it issues permits or leases. The environmental review need not be an exhaustive Environmental Impact Statement but at least in the first instance there ought to be the filing of an Environmental Assessment Form. He requested that Commissioner Daley take that message back to the Board of Publi_e. and try to implement it as a regular u curse. in those kinds of decisions. -7- January 6, 1988 Commissioner Daley responded that he would do this. He further stated that the Board is partly under the gun in this instance. The Hangar Theatre came to the Committee of the Whole saying that they had to have a decision by January 12, otherwise they were going to lose all this money. The Board took an informal action, and are going to have to ask the Mayor to give a sense of the Board in the form of a letter going to the state. The Board can, as part of the formal lease which has not been drawn up yet,incorporate this requirement, but in this instance the Board is already committed. Alderperson Schlather asked that Commissioner Daley talk to the City Attorney about working environmental review into these decisions, whether it's on a routine basis or not. Even at this point there is no reason why the Hangar could not complete the Short Environmental Assessment Form or the LEAF as may be appropriate and tender it along with their application as part of this process. Commissioner Daley stated that he will pass this along to the Board of Public Works. COMMUNICATIONS FROM THE MAYOR: Welcome to New Alderpersons LO Mayor Gutenberger welcomed to Common Council the new Alder- = persons, John Johnson and Benjamin Nichols. m Ithaca Gun Company Q Mayor Gutenberger discussed the Ithaca Gun issue. It looks like the company will have to vacate the premises where they now are sometime in July 1988. Ithaca Gun Company has talked with the City of Ithaca about the possibility of going into our Industrial Park on Route 13. The discussions at this point are very preliminary. However, there is interest on behalf of other communities to have them leave Ithaca and go someplace outside of Tompkins County. He wished to bring (awo,i it to the attention of Council because if, in fact, the Ithaca Industrial Park is an appropriate place for them to be we will have to, in all likelihood, spend a lot of time very quickly in making the provisions for Ithaca Gun to get into the Industrial Park. MAYOR'S APPOINTMENTS Conservation Advisory Council Mayor Gutenberger requested approval of Council for the appoint- ment of Eric Broberg, 423 East Lincoln Street, and Kathy Emilian, 218 South Albany Street to the Conservation Advisory Council for terms to expire December 31, 1989. Resolution By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That this Council approves the appointment of Eric Broberg and Kathy Emilian to the Conservation Advisory Council for terms to expire December 31, 1989. Carried Unanimously, Mr. Broberg took the oath of office and was sworn in by City Clerk Paolangeli. Television Cable Commission Mayor Gutenberger reported that he has appointed William Demo, 119 Auburn Street, to fill out the unexpired term of Robert Fletcher, who resigned, whose term expires July 30, 1990. Ithaca Urban Renewal Agency Mayor Gutenberger requested approval of Council for the appoint- ment of Susan Cummings, 214 Fayette Street, for an indefinite term of office to replace William Bennett, who resigned. 479 PAM -8- January 6, 1988 Resolution By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of Susan Cummings to the Ithaca Urban Renewal Agency for an indefinite term of office to replace William Bennett, who resigned. Mayor Gutenberger outlined the reasons for this appointment. Discussion followed on the role of the IURA, the importance of the agency and how vacancies are filled. Susan Cummings spoke to Council regarding her qualifications to serve on this agency. Tabling Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the matter of the appointment of Susan Cummings to the Ithaca Urban Renewal Agency be tabled. Ayes (S) - Nichols, Johnson, Booth, Peterson, Hoffman Nays (6) - Cummings, Romanowski, Killeen, Schlather, Lytel Mayor Gutenberger voted Nay breaking the tie Motion Defeated Mayor Gutenberger stated for the record that according to the laws established by the State of New York governing the IURA the members of the agency serve at the pleasure of the Mayor. Main Motion A vote on the Main Motion resulted as follows: Ayes (S) - Schlather, Romanowski, Lytel, Cummings, Killeen Nays (2) - Peterson, Hoffman Absention (3) - Nichols, Johnson, Booth Motion Defeated CITY ATTORNEY'S REPORT ACC Franchise City Attorney Nash updated the Council regarding the ACC franchise. Copies of the current draft of the agreement had been sent to the ACC representatives the week of December 28th. He is hopeful of receiving their comments on that draft in the next couple of days. The current agreement technically runs out on January 22nd. He expects that a special Council meeting will be called before that time. Discussion followed on the floor regarding the length of time of the franchise. Alderperson Schlather asked that Council members please read the agreement carefully and if they have questions they should try to get them answered before the special Council meeting. Ronsville Sub - division Lawsuite Against Planning Board City Attorney Nash reported that the Ronsville lawsuit is scheduled in court for January 2Sth. A decision should be made before the end of February or possibly March. Issue of Lease or License to the Chamber of Commerce for Use of Stewart Park Land Alderperson Hoffman asked Atty. Nash if, on the issue of the legality of granting a lease or a license to the Chamber of Commerce for use of Stewart Park land would he consider it useful to have the kind of response from the State that was requested tonight. City Atty. Nash responded that the state legislature considered last year an amendment to the state law which would require leases in excess of 10 }rears to _get state approval, which is a pretty good indication that they don't consider them January 6, 1988 481 to need it at this point. In his opinion the documentation is fairly clear. Atty.Nash stated that if Council wishes further documentation he would prefer to draft the letter himself. Permit for Farmers' Market Alderperson Killeen asked City Attorney Nash if he has heard anything from the state on the legal determination regarding the Farmers' Market use of the Inlet Island. City Atty. Nash responded that he has not heard anything. The indications are now that the determination is still weeks (move, away. Alderpersons Schlather and Booth stated that the Charter and Ordinance Committee would be meeting Wednesday, January 20 and the Farmers' Market will be discussed at that meeting. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Chapter 31 Entitled "Sub- division Regulations" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather ri ORDINANCE NO. 87 - LO AN ORDINANCE AMENDING CHAPTER 31 ENTITLED "SUBDIVISION REGULATIONS" OF THE CITY OF ITHACA MUNICIPAL CODE. m BE IT ORDAINED AND ENACTED by the Common Council of the Q City of Ithaca, New York, as follows: Section 1. That Chapter 31, entitled "Subdivision Regula- tions", of the City of Ithaca Municipal Code is amended as follows: 1. That a new Section, to be known and designated as Section 31.6, entitled "Environmental Review" is hereby added to said Chapter to read as follows: "Section 31.6 Environmental Review 1. Unless otherwise specified by Common Council, the Planning Board shall be the Lead Agency in all necessary environmental review of any proposed subdivision, in accordance with State Environmental Quality Review regulations and the City Environmental Quality Review ordinance, as provided under this code. No application for Conditional Approval of a subdivision plat shall be considered complete in the absence of a final determination as to the effect of a pro- posed subdivision on the environment." 2. That Section 31.23, entitled "Conditional Approval of Plat ", is hereby amended to read as follows: Section 31.23. Conditional Approval of Plat A. Required documents and information. For conditional approval, the subdivider shall submit to the Planning Board, in triplicate, all the documents and information called for in Section 31.24. All the infor- mation presented shall be as accurate and up -to -date as possible, and all drawings or other graphic material shall be of a kind and quality approved by the Planning Board. The Planning Board shall then study the preliminary plat and proposed street design, in connection with the topography of the land, the requirements of the Zoning Ordinance and of the master plan and the official map insofar as they exist and apply, and shall take into consideration the general needs of the community and the best uses of the land to be subdivided. Particular attent.ion shall be given to the matters enumerated in Section 33 of the General City Law, and to specific require- ments for parks, playgrounds, school or other building sites, adequacy of the street layout and general suitability of the development. - 10 - 4821 B. Public Notice. January 6, 1988 1. By mail. At least ten (10) days before the first meeting of the Planning Board at which either a determination of significance of environmental effect of a proposed sub- division, or conditional approval of a proposed subdivision, whichever occurs first, is to be considered, the subdivider shall provide the Board with certification that notice of the proposed action has been mailed to the record owners of all properties within two hundred (200) feet of the parcel(s) to be subdivided. Such notice shall be in a form approved by the Board, briefly stating essential facts about the pro- posal and informing recipients of the date, time and place of the meeting and the place where further information about the proposal and the review process may be obtained. 2. By posting. At least ten (10) days and not more than twenty (20) days before the first meeting of the Planning Board at which either a determination of significance of environmental effect of a proposed subdivision, or Conditional Approval of a proposed subdivision, whichever is applicable, is to be considered, the subdivider shall post a sign at the center of each of the property lines of the property to be subdivided which fronts on a public or private roadway, to inform the public of the proposed subdivision. Such signs shall be continuously maintained and displayed facing the roadway until final action has been taken by the Board to approve or deny the subdivision. The required signs shall be obtained from the Department of Planning and Development, and a non - refundable fee paid for each sign or replacement obtained. At the time such signs are obtained, the subdivider or subdivider's representative shall indicate in writing the date on which the signs are to be erected. C. Conference with subdivider. The preliminary conclusions reached by the Planning Board, together with any recommended revisions, shall be discussed with the subdivider or authorized representative at a regular meeting of the Board not less than ten (10) days nor more than six (6) weeks after receipt by the Board of a complete application for subdivision approval, including preliminary plat with required accompanying data and a final Lead Agency determination as to the significance of any effect which the proposed subdivision will or may have on the environ- ment. No approval action will be taken in the absence of such discussion. D. Findings of Planning Board; effect of approval. Within thirty (30) days after this discussion the Planning Board shall submit its findings in writing to the subdivider, citing the specific changes it will require in the preliminary layout or, if approved, shall endorse such approval thereon, as conditional approval. The action of the Planning Board shall be noted on two copies of the plat and supporting documents, one copy being returned to the subdivider and one retained by the Planning Board. Conditional approval of a preliminary plat shall not constitute final approval of the final plat, but merely tentative approval of the general layout submitted on the preliminary plat as a guide to the preparation of the final plat, which shall be submitted later to the Planning Board for approval and for recording, upon fulfillment of the requirements of these regulations and the conditions, if any, of the conditional approval." 3. That Section 31.24, entitled "Minimum preliminary information ", is hereby amended by redesignating subsections A through C as B through D, and adding new subsections A and P. to read as follows: IR] 483 -11- "A. Generally. January 6, 1988 Basic information describing the property to be subdivided, nature and purpose of subdivision, its relationship to and potential effects on the neighborhood in which it is located, and other data serving to explain the extent, character and intent of the proposal. Such information shall be supplied in a form approved by the Planning Board, and shall be sub- mitted, together with the required application fe;:, at least ten (10) days before the date of any regular meeting of the (WWI, Board at which the application is to be considered for Conditional Approval." "E. Environmental data. The applicant shall submit all documents and information necessary for full environmental review of the proposed sub- division by the Lead Agency." 4. That Subdivision C. entitled "Formal hearings; findings ", S. That a new Section to be known and designated as Section 31.29, entitled "Fees ", is hereby added to said chapter to read as follows: "Section 31.29 Fees 1. Application fee. In order to defray the costs of subdivision application processing and review by city staff and agencies, an initial application fee will be charged according to the following schedule: Subdivision size Fee fewer than 3 lots $ 25 3 -10 lots 100 more than 10 lots 100 plus $10 for each additional lot over 10 2. Sign fee. A fee shall be charged for each sign obtained from the Department of Planning and Development for public notice of proposed subdivision required in accordance with Section 31.23B2 above, which fee shall re- flect the City's cost for the sign. 3. Payments of fees. Payment for application and sign fees shall be by check payable to the City of Ithaca. Section 2. 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. of Section 31.25 is hereby amended to read as follows: Iq LO "C. Formal hearings; findings. = Before the Planning Board acts on the final plat and m related matters, it shall hold a formal hearing thereon, Q in accordance with Section 32 of the General City Law. The presence of the subdivider or authorized representative at such hearing is recommended, to facilitate resolution of any issues raised that may affect the Board's decision. The Planning Board shall, within forty -five (45) days from the date of submission of the formal plat, approve, modify, and approve, or disapprove such plat. Such approval shall, how- ever, not be deemed final until the subdivider has complied with the provisions of Section 31.27, and such requirements as are prescribed by the Board of Public Works relative to the improve;nent: of new streets and offered the streets to the Common Council for dedication." S. That a new Section to be known and designated as Section 31.29, entitled "Fees ", is hereby added to said chapter to read as follows: "Section 31.29 Fees 1. Application fee. In order to defray the costs of subdivision application processing and review by city staff and agencies, an initial application fee will be charged according to the following schedule: Subdivision size Fee fewer than 3 lots $ 25 3 -10 lots 100 more than 10 lots 100 plus $10 for each additional lot over 10 2. Sign fee. A fee shall be charged for each sign obtained from the Department of Planning and Development for public notice of proposed subdivision required in accordance with Section 31.23B2 above, which fee shall re- flect the City's cost for the sign. 3. Payments of fees. Payment for application and sign fees shall be by check payable to the City of Ithaca. Section 2. 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. HE -12- Janaury 6, 1988 Alderperson Booth gave background information on the ordinance. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the ordinance amending Chapter 31 entitled "Subdivision Regulations" of the City of Ithaca Municipal Code be tabled. Carried Unanimously An Ordinance Amending Section 60.59 of Chapter 60 Entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code (Raising Parking Fines ) - Lift From Table By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That an ordinance amending Section 60.59 of Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code be lifted from the table. Carried Unanimously Ordinance No. 87 - AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 60.59 of Chapter 60 entitled "Traffic and Vehicles" of the Ithaca City Municipal Code be and it is hereby amended to read as follows: Notwithstanding the provisions of § 60.100 and in full acquittance of any violation for parking for a longer period of time than is permitted, a civil penalty in the sum of Three Dollars ($3.00) may be paid if such sum is paid within twenty -four (24) hours of such violation. Section 2. Effective date This ordinance shall take effect on February 1, 1988 upon publication of a notice as provided in § 3.11 (B) of the Ithaca City Charter. The Mayor asked that the re- ticketing policy be given a chance before parking fines are raised. Alderperson Schlather gave background information on the ordinance. Disucssion followed on the floor. A vote on the resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Killeen, Hoffman Nays (6) - Johnson, Nichols, Cummings, Peterson, Lytel, Booth Motion Defeated PLANNING AND DEVELOPMENT COMMITTEE: Finkelstein Presentation Alderperson Cummings reported on Mark Finkelstein's presentation on a housing project on the Watts lot in the Northside. She stated that it' was an interesting and impressive presentation. There was a range of options for structures on the site. The main concern of the public present seemed to be how many people and how many cars would this project bring into the neighborhood. On January 12 there will be another presentation at the Northside Community Center for people to respond to. It -13- Janaury 6, 1988 485 CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending the Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code Northside Rezoning - including Watts lot - Lift From Table By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That an ordinance amending the zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Northside Rezoning - including Watts lot) be lifted from the table. Carried Unanimously ORDINANCE NO. 87 - AN ORDINANCE AMENDING THE ZONING MAP OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ZONING MAP 1. That the "Official Zoning Map of the City of Ithaca, 1' New York" as last amended, is hereby amended and changed (o so that all that tract or parcel of land within the following described areas presently located in the R -3a, Residential m District are reclassified and changed to the R -2b, Residential Q District: A. Beginning at a point on the northwest corner of tax parcel number 50 -4 -1, thence easterly a distance of approxi- mately 400 feet along the south boundary of the right -of -way of Cascadilla Street to a point on the northeast corner of tax parcel number 50 -4 -9, thence southerly a distance of approximately 99 feet along the west boundary of the right - of -way of North Cayuga Street to a point on the southeast corner of tax parcel number SO -4 -11, thence westerly a dis- tance of approximately 198 feet along the southern boundary of tax parcel number SO -4 -11 to the southwest corner of tax parcel number 50 -4 -11, thence northerly a distance of approxi- mately 19 feet to a point on the northeast corner of tax parcel number SO -4 -37, thence westerly a distance of approxi- mately 199 feet along the north boundary of tax parcel 50 -4 -37 to the northwest corner of tax parcel 50 -4 -37, thence northerly a distance of approximately 81 feet along the east boundary of th right -of -way of North Geneva Street to the point of beginning. The above described area shall include all of the following tax parcels: 50 -4 -1 through SO -4 -11, inclusive and SO -4 -38. B. Beginning at a point on the northwest corner of tax parcel number 50 -3 -1, thence easterly a distance of approxi- mately 198 feet along the south boundary of the right -of -way of Cascadilla Street to a point on the northeast corner of tax parcel number SO -3 -S, thence southerly a distance of approximately 590 feet to a point on the southeast corner of tax parcel number 50 -3 -14, thence westerly a distance of approximately 132 feet along the south boundary of tax parcel number SO -3 -14 to a point on the southwest corner of tax parcel number 50 -3 -14, thence northerly a distance of approximately 24 feet along the west boundary of tax par- cel number SO -3 -14 to a point on the southeast corner of tax parcel number SO -3 -18, thence westerly a distance of approximately 66 feet along the south boundary of tax parcel number 50 -3 -18 to a point at the southwest corner of tax parcel number SO -3 -18, thence northerly a distance of approxi- mately S6S feet along the east boundary of the right -of -way of North Albany street to the point of beginning. The above described area shall include all of the following tax parcels: SO -3 -1 through 50 -3 -14, inclusive, aiid 50.3 -18 through 50 -3 -31, inclusive. 4 Sfa -14- January 6, 1988 C. Beginning at a point on the northwest corner of tax parcel number 45 -4 -16, thence northeasterly a distance of approximately 142 feet along the north boundaries of tax parcel number 45 -4 -16 and 45 -4 -15 to a point on the north- east corner of tax parcel number 45 -4 -15, thence southeasterly a distance of approximately 90 feet along the east boundary line of tax parcel number 45 -4 -15 to a point on the south- west corner of tax parcel number 45 -4 -10, thence northeasterly a distance of approximately 123 feet along the south boundary of tax parcel 45 -4 -10 to a point at the southeast corner of tax parcel 45 -4 -10, thence southeasterly a distance of approximately 116 feet along the west boundary of the right - of -way of Lake Avenue to a point on the southeast coiner of tax parcel number 45 -4 -12, thence westerly a distance of approximately 298 feet along the north boundary of the right -of -way of Cascadilla Street to a point on the southwest corner of tax parcel number 45 -4 -16, thence northwesterly a distance of approximately 64 feet along the east boundary of the right -of -way of First Street to the point of beginning. The above description includes all of the following tax parcel numbers: 45 -4 -11, 45 -4 -12, 45 -4 -14, 45 -4 -15, and 45 -4 -16. 2. That the "Official Zoning Map of the City of Ithaca, New York" as last amended, is hereby amended and changed so that all that tract or parcels of land within the following described areas presently located in the R -3b, Residential District are reclassified and changed to the R -2b, Residential District. A. Beginning at a point on the northwest corner of tax parcel number 50 -1 -1, thence easterly a distance of approxi- mately 528 feet along the south boundary of the right -of -way of Cascadilla Street to a point on the northeast corner of tax parcel number 50-1 -12, thence southerly a distance of approximately 163 feet along the west boundary of the right - of -way of North Albany Street to a point on the southeast corner of tax parcel number SO -1 -15, thence westerly a dis- tance of approximately 528 feet along the southern boundaries of tax parcel numbers 50 -1 -15, 50 -1 -6, SO -1 -5, 50 -1 -4, 50 -1 -3 and 50 -1 -31 to a point on the southwest corner of tax parcel number SO -1 -31, thence northerly a distance of approximately 165 feet along the east boundary of the right -of -way of North Plain Street to the point of beginning. The above described area shall include all of the following tax parcel numbers: 50 -1 -1 through SO -1 -15 inclusive, 50 -1 -31 and 50 -1 -32. B. Beginning at a point on the northwest corner of tax parcel number 51 -3 -1, thence easterly a distance of approxi- mately 403 feet along the south boundary of the right -of -way of Cascadilla Street to a. point on the northeast corner of tax parcel number 51 -3 -8, thence southerly a distance of approximately 161 feet along the west boundary of the right - of -way of North Plain Street to a point on the east boundary of tax parcel number 51 -3 -12, thence westerly in a straight line a distance of approximately 201 feet until it reaches the south boundaries of tax parcel numbers 51 -3 -26, 51 -3 -2 and 51 -3 -3, said line being the easterly extension of the south boundaries of those parcels and continuing approximately 202 feet along said boundaries to a point on the southwest corner of tax parcel numbers 51 -3 -26, thence northerly a distance of approximately 162 feet along the east boundary of the right -of -way of Park Place to the point of beginning. The above described area shall include all of the following tax parcels: SO -3 -1 through 50 -3 -11, inclusive, 50 -3 -26, SO -3 -27 and 50 -3 -28, and a portion of 51 -3 -12. 487 -15- January 6, 1988 C. Beginning at a point on the northwest corner of tax parcel number S1- 2 -1.2, thence easterly a distance of approxi- mately 199 feet along the south boundary of the right -of -way of Cascadilla Street to a point on the northeast corner of tax parcel number S1 -2 -S, thence southerly a distance of approximately 163 feet along the west boundary of the right - of -way of Park Place to a point on the southeast corner of tax parcel number S1 -2 -8, thence westerly a distance of approxi- mately 199 feet along the south boundaries of tax parcel numbers S1 -2 -8, 51 -2 -4, S1 -2 -3 and S1 -2 -17 to a point on the south- west corner of tax parcel S1 -2 -17, thence northerly a distance of approximately 163 feet along the east boundary of the right -of -way of Washington Street to the point of beginning. The above described area shall include all of the following tax parcels: S1 -2 -1.1 through 51 -2 -8 and S1 -2 -17. D. Beginning at a point on the northwest corner of tax parcel number S1 -1 -3, thence easterly a distance of approxi- mately 334 feet along the south boundary of the right -of -way of Cascadilla Street to a point on the northeast corner of r� of tax parcel number 51 -1 -8, thence southerly a distance d. of approximately 167 feet along the west boundary of the right -of -way of Washington Street to a point on the south- LO east corner of tax parcel number 51 -1 -10, thence westerly Z a distance of approximately 334 feet along the south boundaries CO of tax parcel numbers S1 -1 -10, S1 -1 -5, S1 -1 -4, and S1 -1 -3 Q to a point on the southwest corner of tax parcel number S1 -1 -3, thence northerly a distance of approximately 167 feet along the west boundary of tax parcel number S1 -1 -3 to the point of beginning. The above described area includes all of the following tax parcels: 51 -1 -3 through 51 -1 -10, inclusive. E. Beginning at a point on the northwest corner of tax parcel number 4S -5 -1, thence northeasterly a distance of approximately 265 feet along the south boundary of the right -of -way of Monroe Street to a point on the northeast corner of tax parcel number 4S -5 -3, thence southeasterly a distance of approximately 323 feet along the west boundary of the right -of -way of First Street to a point on the southeast corner of tax parcel number 4S -S -9, thence westerly a distance of approximately 304 feet along the north boundary of the right-of -way of Cascadilla Street to a point on the southwest corner of tax parcel number 45 -S -11, thence northwesterly a distance of approximately 180 feet along the east boundary of the right -of -way of Second Street to the point of beginning. The above described area shall include all of the following tax parcels: 4S -5-1 through 4S -S -15, inclusive. F. Beginning at a point on the northeast corner of tax parcel number 45 -6 -1, thence southeasterly a distance of approximately 142 feet along the west boundary of the right - of -way of Second Street to a point on the southeast corner of tax parcel number 4S -6 -2, thence westerly a distance of approximately 300 feet along the north boundary of the right - of -way of Cascadilla Street to a point on the southwest corner of tax parcel number 4S -6 -6, thence northeasterly a distance of approximately 26S feet along the south boundary of the right -of -way of Monroe Street to the point of beginning. The above described area shall include all of the following tax parcels: 4S -6 -1 through 4S -6 -6, inclusive. G. Beginning at a point on the northwest corner of tax parcel number 34 -9 -1, thence northeasterly a distance of approximately 132 feet along the south boundary of the right - of -way of Madison Street to a point on the northeast corner of tax parcel number 34 -9 -2, thence southeasterly a distance of approximately 223 feet along the east boundaries of tax parcels numbers 34 -9 -2, 34 -9 -16, 34 -9 -1S, and 34 -9 -14 to a point on the north boundary of tax parcel number 34 -9 -11 that is approximately 19 feet from the northeast corner of tax parcel number 34 -9 -11, thence easterly a distance of -16- January 6, 1938 approximately 19 feet along the north boundary of tax parcel number 34 -9 -11 to a point on the northeast corner of tax parcel number 34 -9 -11, thence southeasterly a distance of approximately 100 feet along the east boundary of tax parcel number 34 -9 -11 to a point on the southeast corner of tax parcel number 34 -9 -11, thence westerly a distance of approxi- mately 152 feet along the north boundary of the right -of -way of Monroe Street to a point on the southwest corner of tax parcel number 34 -9 -13, thence northwesterly a distance of approximately 330 feet along the east boundary of the right - of -way of First Street to the point of beginning. The above described area shall include all of the following tax parcels: 34 -9 -1, 34 -9 -2, and 34 -9 -11 through 34 -9 -17, inclusive. H. Beginning at a point on the northwest corner of tax parcel number 45 -2 -1, thence northeasterly a distance of approximately 264 feet along the south boundary of the right - of -way of Madison street to a point on the northeast corner of tax parcel number 45 -2 -4, thence southeasterly a distance of approximately 325 feet along the west boundary of the right -of -way of First Street to a point in the southeast corner of tax parcel number 45 -2 -11, thence southwesterly a distance of approximately 267 feet along the north boundary of the right -of -way of Monroe Street to a point on the south- west corner of tax parcel number 45 -2 -15, thence northwesterly a distance of approximately 325 feet along the east boundary of the right -of -way of Second Street to the point of beginning. The above described area shall include all of the following tax parcels: 45 -2 -1 through 45 -1 -19, inclusive. I. Beginning at a point on the northwest corner of tax parcel number 45 -1 -1, thence northeasterly a distance of approximately 264 feet along the south boundary of the right - of -way of Madison Street to a point on the northeast corner of tax parcel number 45 -1 -2, thence southeasterly a distance of approximately 320 feet along the west boundary of the right -of -way of Second Street to a point on the southeast corner of tax parcel number 45 -1 -9, thence southwesterly a distance of approximately 264 feet along the north boundary of the right -of -way of Monroe Street to a point on the south- west corner of tax parcel number 45 -1 -14, thence northwesterly a distance of approximately 320 feet along the east boundary of the right -of -way of Third Street to the point of beginning. The above described area shall include all of the following tax parcels: 45 -1 -1 through 45 -1 -14, inclusive. J. Beginning at a point on the northwest corner of tax parcel number 44 -6 -1, thence northeasterly a distance of approximately 268 feet along the south boundary of the right - of -way of Madison Street to a point on the northeast corner of tax parcel number 44 -6 -3, thence southeasterly a distance of approximately 344 feet along the west boundary of the right -of -way of Third Street to a point at the southeast corner of tax parcel number 44 -6 -8, thence westerly a distance of approximately 300 feet along the north boundary of the right -of -way of Cascadilla Street to a point at the south- west corner of tax parcel number 44 -6 -14, thence northwesterly a distance of approximately 202 feet along the east boundary of the right -of -way of Fourth Street to the point of beginning. The above described area shall include all of the following tax parcels: 44 -6 -1 through 44 -6 -16, inclusive. K. Beginning at a point on the northwest corner of tax parcel number 34 -1 -1, thence northeasterly a distance of approximately 135 feet along the south boundary of the right - of -way of Hancock Street to a point on the northeast corner of tax parcel number 34 -1 -2, thence southeasterly a distance of approximately 70 feet to the point of intersection of the north boundary of tax parcel number 34 -1 -4, thence south- westerly a distance of approximately 17 feet along the north boundary line of tax parcel number 34 -1 -4 to a point on the -17- January 6, 1988 northeast corner of tax parcel number 34 -1 -17, thence south- easterly a distance of approximately 2S5 feet along the east boundaries of tax parcel numbers 34 -1 -17, 34 -1 -16, 34 -1 -15, 34 -1 -14, 34 -1 -13, and the southeasterly extension of that line to the intersection of the north boundary of the right - of -way of Madison Street, thence southwesterly a distance of approximately 120 feet along the north boundary of the right -of -way of Madison Street to a point at the southwest corner of tax parcel number 34 -1 -12, thence northwesterly a distance of approximately 328 feet along the east boundary of the right -of -way of First Street to the point of beginning. The above described area shall include all of the following tax parcels: 34 -1 -1, 34 -1 -2, 34 -1 -11 through 34 -1 -8, inclusive, and a portion of 34 -1 -10. L. Beginning at a point on the northwest corner of tax parcel number 35 -4 -1, thence northeasterly a distance of approximately 266 feet along the south boundary of the right - of -way of Hancock Street to a point on the northeast corner of tax parcel number 35 -4 -3, thence southeasterly a distance of approximately 327 feet along the west boundary of the right -of -way of First Street to a point on the southeast corner of tax parcel number 35 -4 -8, thence southwesterly �, a distance of approximately 270 feet along the north boundary Rq of the right -of -way of Madison Street to a point on the south- west corner of tax parcel number 35 -4 -14, thence northwesterly = a distance of approximately 327 feet along the east boundary (n of the right -of -way of Second Street to the point of beginning. Q The above described area shall include all of the following tax parcels: 35 -4 -1 through 35 -4 -18, inclusive. M. Beginning at a point on the northwest corner of tax parcel number 35 -5 -1, thence northeasterly a distance of approximately 263 feet along the south boundary of the right - of -way of Hancock Street to a point on the northeast corner of tax parcel number 3S -S -6, thence southeasterly a distance of approximately 325 feet along the west boundary of the right -of -way of Second Street to a point on the southeast corner of tax parcel number 35 -5 -11 thence southwesterly a distance of approximately 26S feet along the north boundary of the right -of -way of Madison Street to a point on the south- west corner of tax parcel number 35 -5 -15, thence northwesterly a distance of approximately 325 feet along the east boundary of the right -of -way of Third Street to the point of beginning. The above described area shall include all of the following tax parcels: 3S -S -1 through 35 -5 -20, inclusive. N. Beginning at a point on the northwest corner of tax parcel number 44 -5 -1, thence northeasterly a distance of approximately 269 feet along the south boundary of the right - of -way of Morris Avenue to a point on the northeast corner of tax parcel number 44 -5 -6, thence southeasterly a distance of approximately 149 feet along the west boundary of the right -of -way of Third Street to a point on the southeast corner of tax parcel number 44 -5 -8, thence southwesterly a distance of approximately 269 feet along the north boundary of the right -of -way of Madison Street to a point on the south- west corner of tax parcel number 44 -5 -13, thence northwesterly a distance of approximately 150 feet along the east boundary of the right -of -way of Fourth Street to the point of beginning. The above described area shall include all of the following tax parcels: 44 -5 -1 through 44 -5 -13, inclusive. 0. Beginning at a point on the northwest corner of tax parcel number 44 -9 -2, thence northeasterly a distance of approximately 328 feet along the south boundary of the right - of -way of Hancock Street to a point on the northeast corner of tax parcel number 44 -9 -6, thence southeasterly a distance of approximately 330 feet along the west boundary of the right -of -way of Fifth Street to a point on the southeast corner of tax parcel number 44 -9 -13, thence southwesterly a distance of approximately 83 feet along the north boundary of the right -of -way of Madison Street to its intersection 48-1) 490 -18- January 6, 1988 with the north boundary of the right -of -way of Cascadilla Street, thence westerly a distance of approximately 275 feet along the north boundary of the right -of -way of Cascadilla Street to a point at the southwest corner of tax parcel number 44 -9 -20, thence northwesterly a distance of approximately 200 feet along the west boundaries of tax parcel number 44 -9 -20 and 44 -9 -2 to the point of beginning. The above described area shall include all of the following tax parcels: 44 -9 -2 through 44 -9 -20, inclusive. P. Beginning at a point on the northwest corner of tax parcel number 3S -2 -1, thence northeasterly a distance of approximately 26S feet along the south boundary of the right - of -way of Adams Street to a point on the northeast corner of tax parcel number 35 -2 -2, thence southeasterly a distance of approximately 330 feet along the west boundary of the right -of -way of First Street to a point on the southeast corner of tax parcel number 35 -2 -7, thence southwesterly a distance of approximately 265 feet along the north boundary of the right -of -way of Hancock Street to a point on the south- west corner of tax parcel number 35 -2 -12, thence northwesterly a distance of approximately 328 feet along the east boundary of the right -of -way of Second Street to the point of beginning. The above described area shall include all of the following tax parcels: 35 -2 -1 through 3S -2 -16, inclusive. Q. Beginning at a point on the northwest corner of tax parcel number 35 -1 -3, thence northeasterly a distance of approximately 100 feet to the northeast corner of tax parcel number 3S -1 -2, thence southeasterly a distance of approximately 100 feet along the west boundary of the right -of -way of Second Street to a point on the southeast corner of tax parcel number 3S -1 -2, thence southwesterly a distance of approximately 100 feet along the north boundary of the right -of -way of Hancock Street to a point on the southwest corner of tax parcel number 35 -1 -3, thence northwesterly a distance of approximately 100 feet along the west boundary of tax parcel number 35 -1 -3 to the point of beginning. The above described area shall include all of the following tax parcels: 35 -1 -2 and 3S -1 -3. R. Beginning at a point on the northwest corner of tax parcel number 44 -2 -9, thence northeasterly a distance of approximately 265 feet along the north boundaries of tax parcel numbers 44 -2 -9 and 44 -2 -2 to a point on the northeast corner of tax parcel number 44 -2 -2, thence southeasterly a distance of approximately 165 feet along the west boundary of the right -of -way of Fourth Street to a point on the south- east corner of tax parcel number 44 -2 -3, thence southwesterly a distance of approximately 265 feet along the north boundary of the right -of -way of Hancock Street to a point on the south- west corner of tax parcel number 44 -2 -8, thence northwesterly a distance of approximately 165 feet along the east boundary of the right -of -way of Fifth Street to the point of beginning. The above described area shall include all of the following tax parcels: 44 -2 -2 through 44 -2 -9, inclusive. S. Beginning at a point on the northwest corner of tax parcel number 25 -4 -4, thence northeasterly a distance of approximately 132 feet along the north boundary lines of tax parcel number 2S -4 -4- and 2S -4 -3 to a point on the north- east corner of tax parcel number 25 -4 -3, thence southeasterly a distance of approximately 50 feet to a point on the north- west corner of tax parcel number 25 -4 -2, thence northeasterly a distance of approximately 133 feet along the north boundary line of tax parcel number 25 -4 -2 to a point on the northeast corner of tax parcel number 25 -4 -2, thence southeasterly along the west boundary of the right -of -way of First Street a distance of approximately 40 feet to a point on the south- west corner of tax parcel number 2S -4 -2, thence southwesterly a distance of approximately 26:; feet along the north boundary of the right -of -way of Adams Street to a point on the southwest J [P] -19- January 6,,1988 491 corner of tax parcel number 25 -4 -4, thence northwesterly a distance of approximately 90 feet along the east boundary of Second Street to the point of beginning. The above des- cribed area shall include all of the following tax parcels: 25 -4 -2 through 25 -4 -4 -, inclusive. T. Beginning at a point on the northwest corner of tax parcel number 45 -4 -1, thence northeasterly a distance of approximately 118 feet along the south boundary of the right - of -way of Monroe Street to a point on the northeast corner of tax parcel number 45 -4 -3, thence southeasterly a distance of approximately 230 feet along the east boundaries of tax parcel number 45 -4 -3, 45 -4 -20, 45 -4 -19 and 45 -4 -18 to a point on the southwest corner of tax parcel number 45 -4 -6, thence northeasterly a distance of approximately 18 feet to a point on the northwest corner of tax parcel 45 -4 -8, thence south- easterly a distance of approximately 66 feet to a point on the north boundary of tax parcel 45 -4 -15 that is approximately 10 feet southwest of the northeast corner of tax parcel number 45 -4 -15, thence southwesterly a distance of approximately 133 feet along the south boundary of tax parcel number 45 -4 -17, to a point on the southwest corner of tax parcel 45- 4 -1.7, 7d thence northwest a distance of approximately 295 feet along the east boundary of the right -of -way of First Street to Iq the point of beginning. The above described area includes LD all of the following tax parcels: 45 -4 -1 through 45 -4 -3, inclusive and 45 -4 -17 through 45 -4 -21, inclusive. M 3. That the "Official Zoning Map of the City of Ithaca, Q New York ", as last amended, is hereby amended and changed so that all that tract of parcels of land within the following described areas presently located in the B -2a, Business District are reclassified and changed to the R -2b, Residential District. A. Beginning at a point on the northwest corner of tax parcel number 25 -3 -1, thence northeasterly a distance of approximately 264 feet along the south boundary of the right - of -way of Franklin Street to a point on the northeast corner of tax parcel number 25 -3 -1, thence southeasterly a distance of approximately 32S feet along the west boundary of the right -of -way of Lake Avenue to a point on the southeast corner of tax parcel number 25 -3 -1, thence southwesterly a distance of approximately 269 feet along the north boundary of the right -of -way of Adams Street to a point on the southwest corner of tax parcel number 25 -3 -1, thence northwesterly a distance of approximately 330 feet along the east boundary of the right -of -way of First Street to the point of beginning. The above described area includes all of tax parcel number 25 -3 -1. 4. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said zoning map. 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. Discussion followed on the floor. Alderperson Booth asked City Atty. Nash if it is his under- standing that if the Council adopts this resolution tonight that it would be proper even though the way it is written it includes everything else as well as the Watts lot. City Atty. Nash responded that maybe procedurally we would want to amend it to remove reference to all the others that have already been done. There was a public hearing last month on the proposal, the property owner has been well advised of the proceedings. In fact, he has lodged a protest 492 -20- January 6, 1988 and he has notified the City Attorney and the City Clerk that the protest continues regarding any further action. As long as we respect that protest regarding the action again tonight Atty. Nash doesn't see any reason why the city would have to have another public hearing on the matter. Alderperson Schlather questioned what the effect would be if Council acts on i:: as it currently is. Wouldn't it by operation of statutory construction simply take precedence over the one previously passed? Atty. Nash responded that if it were left the way it is, in his opinion, he doesn't think there would be any different legal effect. Further discussion followed on the floor. Alderperson Schlather asked th only thing we are acting on is the Chair allow the record to the floor is the entire area. ruling of the City Attorney is of the resolution will require resolution will only require a e Chair to not rule that the the Watts lot. He asked that stand that the resolution on He further stated that the that the Watts lot aspects 8 votes, the rest of the majority vote. A vote on the resolution resulted as follows: Ayes (7) - Schlather, Nichols, Johnson, Booth, Killeen, Hoffman, Peterson Nays (3) - Lytel, Cummings, Romanowski Motion Fails -';4- C vote-s -needed- to %F tif,�t Ua-Ce cuu. & 4 t ezone Watts lot) Ithaca Urban Renewal Agency Nomination Alderperson Schlather requested that the nomination of Susan Cummings to the IURA be referred to committee. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the nomination of Susan Cummings to the Ithaca Urban Renewal Agency be referred to the Budget and Administration Committee for review and be brought back to the February Common Council meeting for action. Discussion followed on the floor. Mayor Gutenberger requested that at some point the Council take a look at how appointments are made to the various Boards, Agencies, Committees, Commissions, etc. A vote on the resolution resulted as follows: Carried Unanimously Recess Common Council recessed at 10:20 P.M. and reconvened in regular session at 10:40 p.m. HUMAN SERVICES COMMITTEE: Temporary Shelter for Homeless By Alderperson Lytel: Seconded by Alderperson Peterson WHEREAS, alleviating homelessness is a priority for the City of Ithaca, and WHEREAS, government can make a contribution toward assisting the homeless, and WHEREAS, County government historically has had local responsi- bility for social services and has had greater access to resources for such services; now, therefore be it J J -21- January 6, 1988 493 RESOLVED, That the Common Council urges the Tompkins County Board of Representatives to more fully use its social services resources to address the problem of homelessness, specifically the need for additional temporary shelter for this winter, and be it further RESOLVED, That the City be willing to cooperate fully to maximize use of resources, both through funding possibilities or other assistance, and be it further RESOLVED, That the Mayor and Common Council shall hereby authorize and direct the emergency use of Southside Community Center and /or Greater Ithaca Activities Center buildings during life threatening weather conditions for provision of temporary shelter, and does herewith authorize the Task Force for the Homeless to administer the program. Discussion followed on the floor on how the program would be administered. LaBerta Glasser, Chairperson of the Task Force for the Home- less, answered questions from Council members. Eric Datz, Buildings System Manager was named as the contact Lo person between the city and the Task Force for the Homeless. m Amending Resolution < By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That the Mayor, Fire Chief, Police Chief, Superin- tendent of Public Works, and Alderperson Killeen shall constitute a committee to represent the city to work with the Task Force in implementing this program. Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Site Plan Review Ordinance - Report Alderperson Cummings reported that the Planning Board is working to bring in assistance from the state and to host a workshop session with the Planning and Development Board. Other related groups will be invited to attend, as well as Council and staff and the public. They will be trying to pull together into a working form Site Plan Review legislation and to understand what this mechanism can do for us. Southwest Park Alderperson Cummings reported that the Planning and Development Committee, Planning and Development Board, and the Board of Public Works have begun to look at that area in relation to the alienation and environmental review process. Future and long -term use on this site is being discussed. BUDGET AND ADMINISTRATION COMMITTEE: Tompkins County S.P.C.A. Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an Agreement with the Tompkins County (600.1 S.P.C.A. for the period January 1, 1988 to December 31,1988, in an amount not to exceed $45,427, and be it further RESOLVED, That the Tompkins County S.P.C.A. be, and it is, hereby designated the animal control agency for the City of Ithaca for the year 1988. Carried Unanimously Finger Lakes Association Agreement By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an Agreement with the Finger Lakes 494 -22- January 6, 1988 Association, Inc., for the period January 1, 1988 to December 31, 1988, in an amount not to exceed $1,207., for rendering promotional publicity services. Carried Unanimously Tompkins County Area Development Corp. Agreement By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an Agreement with Tompkins County Area Development Corp., for the period January 1, 1988 to December 31, 1988, in an amount not to exceed $7,800., to be used toward the costs and expenses of the authority in encouraging and affecting the location and expansion of industrial research and manufacturing facilities, the creation of new and improved job opportunities, the reduction of unemployment and the betterment of individual and community prosperity within the City of Ithaca and the County of Tompkins. Carried Unanimously Human Services Coalition Agreement By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Human Services Coalition of Tompkins County, for the period January 1, 1988 to December 31, 1988, in an amount not to exceed $10,084., for the furnishing of human services planning and coordination. Carried Unanimously Recreation for the Elderly Application By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, the City of Ithaca is about to submit an application for continuation of the Recreation for the Elderly, and if approved, apply subsequently to the State of New York for partial reimbursement of funds expended on said project, as provided by Section 541 -546 of Article 19 -J of the Executive Law of New York entitled "Recreation Programs for the Elderly "; now, therefore, be it RESOLVED, That said application is in all respects approved, and that Mayor John C. Gutenberger is hereby authorized and directed to duly execute and submit said application to the New York State Office for the Aging, for its approval. Carried Unanimously Police Department Equipment Standardization By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Motorola radio equipment as the type of equipment to be used iii the City of Ithaca, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has all Motorola radio equipment and radio console. 2. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 3. Labor cost for maintenance and service of a standard type of equipment will be less that if required to service several different types of equipment. 4. Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. -23- January 6, 1988 495 S. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now therefore be it RESOLVED, That pursuant to Section 103, Subdivision S of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of such equipment to (Wwol be used and purchased by the City of Ithaca Police Department during the year 1988. Carried Unanimously Police Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That 1988 Police Department Personnel Roster be amended as follows: Delete - 1 Senior Clerk Position Add - 1 Senior Account Clerk /Typist Position Carried Unanimously Iq Lo G.I.A.C. Personnel Roster By Alderperson Schlather: Seconded by Alderperson Booth m RESOLVED, That the 1988 G.I.A.C. Personnel Roster for the Q Bottom Line Program be amended as follows: Youth Development Program Supervisor position reduced from full time to three quarter time; Recreation Assistant position increased from 17 hours to 30 hours. Discussion followed on the floor. (awo� A vote on the resolution resulted as follows: Carried Unanimously Appraisal of City Owned Buildings By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the Planning Department be authorized and directed to release the appraisal figures on the City Hall Annex and Number S Fire Station. Carried Unanimously Civil Engineer Salary By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That the 1988 salary for the position of Civil Engineer be established at $34,000, as requested by the Board of Public Works, effective January 11, 1988. Discussion followed on the floor. City Engineer Gray answered questions- from - Council members. A vote on the resolution resulted as follows: Carried Unanimously Youth Bureau Recreation Fees Alderperson Schlather explained the fee schedule. Discussion followed on the floor regarding fees for recreation. Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the policy for setting rates for the recreation department at the Youth Bureau for 1988 be established as follows: All non -city residents shall pay three times the rate charged to city residents in 1988; the rate charged to city residents in 1988 shall be the same rate charged to city residents in 1987. This shall take effect March 4 9fi -24- January 6, 1988 1, 1988. Excepted from the foregoing are the rates charged for open skating and open swimming. Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Stewart Park Advisory Group Alderperson Killeen presented the following four resolutions from the Stewart Park Advisory Group and gave background information on the resolutions. "Resolution #1 WHEREAS, Common Council, on April 2, 1986, approved the expendi- ture of $21,500 for preparation of "design development drawings" for Stewart Park, and the City subsequently hired Trowbridge and Trowbridge for this task, and WHEREAS, the Stewart Park Advisory Group (S.P.A.G.) was re- activated to provide guidance to the Trowbridge staff, and WHEREAS, the Planning and Development Board, the S.P.A.G. and numerous organizations and individuals within the City have recommended that a principal component of the design development plan should consist of guidelines for preserva- tion and maintenance of Stewart Park, and WHEREAS, at the invitation of Trowbridge and Trowbridge a S.P.A.G. subcommittee was created to work with the consultant's staff on preparation of the final draft, and WHEREAS, the final draft entitled, "Stewart Park Preservation Goals and Guidelines" has been reviewed in depth by the S.P.A.G. subcommittee and the subcommittee finds the document meets the objective of providing preservation and maintenance guide- lines; now, therefore, be it RESOLVED, That S.P.A.G. recommends to Common Council the adoption of all goals stated in the "Stewart Park 1987 Preservation Goals and Guidelines ", specifically: Goal One: Establish a Park Commission Goal Two: Preserve historic structures and their landscape setting Goal Three: Preserve and enhance the overall park landscape Goal Four: Protect and beautify the shoreline Goal Five: Preserve and enhance park road and path systems Goal Six: Preserve passive and informal recreation activities, preserve limited active recrea- tion and enhance water related activities Goal Seven: Coordinate park furnishings; and be it further RESOLVED, That the guidelines stated in Chapter three of the "Stewart Park 1987 Preservation Goals and Guidelines" shall serve as one of several resources for implementation of the goals." "Resolution #2 WHEREAS, Common Council, on April 2, 1986, approved the expendi- ture of $21,500 for preparation of "design development drawings" for Stewart Park and the city subsequently hired Trowbridge and Trowbridge for this task, and WHEREAS, in fulfillment of its contract with the city, Trow- bridge and Trowbridge has prepared the "Stewart Park 1987 Preservation Goals and Guidelines ", and -2S- January 6, 1988 497 WHEREAS, the first goal of the Preservation Goals and Guide- lines calls for the establishment of a Parks Commission to act as overseer on planning and maintenance issues in the park, and WHEREAS, public support and desire for such a Commission has been strongly expressed by community groups and individuals; now, therefore, be it RESOLVED, That the S.P.A.G. recommends to Common Council the creation of a Parks Commission to be the first action implemented from the Preservation Goals and Guidelines, and be it further RESOLVED, That S.P.A.G. recommends that Common Council arrange to provide the Parks Commission with adequate staff support, such as the Parks Manager, as mentioned in Goal #1 of the "Stewart Park 1987 Preservation Goals and Guidelines ", page 6." "Resolution #3 WHEREAS, Common Council on January 2, 1985, adopted the Stewart Park Master Plan as the "official concept plan for that area ", and LD WHEREAS, Common Council on April 2, 1986, approved the expendi- m ture of $21,500 for preparation of "design development drawings" Q for Stewart Park, and the city subsequently hired Trowbridge and Trowbridge for this task, and WHEREAS, in fulfillment of its contract Trowbridge and Torwbridge has prepared the "Stewart Park 1987 Preservation Goals and Guidelines ", and WHEREAS, the 1987 Preservation Goals and Guidelines reflect community concerns to restore, preserve and maintain the character of Stewart Park, and WHEREAS, the existence of two separate plans can cause con- fusion and can restrict effective use of the "Stewart Park 1987 Preservation Goals and Guidelines "; now, therefore, be it RESOLVED, That S.P.A.G. recommends that Common Council rescind the Stewart Park Master Plan as the ''official concept plan for that area' ". "Resolution #4 RESOLVED, That the S.P.A.G. recommends to Common Council that stabilization of Stewart Park buildings as suggested on pages 17 and 18 of the "Stewart Park 1987 Preservation Goals and Guidelines" be reviewed and acted upon as soon as practicable." Resolution By Alderperson Killeen: Seconded by Alderperson Booth RESOLVED, That the four (4) resolutions from the Stewart Park Advisory Group be referred to the Planning and Develop- ment Committee for review and report back to Council. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Cummings RESOLVED, That the Board of Public Works is requested to review the Stewart Park Advisory Group resolutions and offer their suggestions and comments to the Planning and Development Committee. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 498 -26- January 6, 1988 New Fire Stations Committee Alderperson Killeen reported that there will be an important meeting on the New Fire Station at 7:30 P.M. on January 14 in Council Chambers. He invited Council members to attend. NEW BUSINESS: Regular Meeting Hours for Common Council Meetings By Alderperson Nichols: Seconded by Alderperson Johnson RESOLVED, That the regular meetings of Common Council shall recess at 11:30 p.m. until 7:30 p.m. of the following day. At any time after 11:15 p.m. a motion to extend the time for recess shall be in order. Such. a motion must specify the new time for recess. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (5) - Nichols, Johnson, Booth, Peterson, Hoffman Nays (6) - Schlather, Romanowski, Lytel, Cummings, Killeen Mayor Gutenberger voted Nay breaking the tie. Motion Defeated Director of Parks and Recreation By Alderperson Killeen: Seconded by Alderperson Cummings WHEREAS, the Stewart Park Advisory Group has asked the Common Council to consider establishing a Parks' Commission and Parks' Manager position, and WHEREAS, such a Parks' Commission could include Cass Park and Six Mile Gorge in its purview, and WHEREAS, the city is seeking to establish new youth and recreation relationships with nearby municipalities and school districts, as well as maintaining on -going relationships with G.I.A.C. and Southside Community Center; now, therefore, be it RESOLVED, That the Common. Council refers to the Planning and Development Committee and Budget and Administration Committee, in order, for consideration and report back to the Common Council at its February 188 meeting on the feasibility of creating a new position of Director of Parks and Recreation. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That in the last Resolved paragraph the Human Services Committee be added to the list of committees considering this resolution. Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 12:35 a.m. Callista F. Paolanglei City Clerk John C. Gutenberg Mayor t� N'