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HomeMy WebLinkAboutMN-CC-1988-02-03a COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. February 3, 1988 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano Personnel Administrator - Baker Building Commissioner - Hoard Deputy City Controller - Cafferillo Fire Chief - Olmstead Police Chief - Page City Clerk - Paolangeli Director, Planning & Development - Van Cort Deputy Director, Planning & Development - Mazzarella Superintendent of Public Works - Dougherty Youth Bureau Acting Director - Wilson (Y) Board of Public Works Commissioner - Daley (VI Personnel Associate - Walker 0) PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance X1-1 to the American flag. .:-f MINUTES: Approval of Minutes of January 1, 1988 Meeting By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Minutes of the January 1, 1988 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of January 6, 1988 Meeting Alderperson Booth requested the following amendment on page 20 of the Minutes: that the phrase 118 votes needed to re -zone Watts Lot" be amended to read "City Attorney ruled that 8 votes are needed to re -zone the Watts Lot because of an objection filed to the re- zoning by the land owner." Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the January 6, 1988 Common Council meeting be approved as amended. Carried Unanimously DELETIONS FROM THE AGENDA: Planning 6 Development Committee Alderperson Cummings requested the deletion of items 13.5 (land use controls - cluster /R2c /large project moratorium); item 13.6 (Planning Department work program); and item 13.7 (Youth Bureau Directorship preliminary re- evaluation). No Council member objected. ADDITIONS TO THE AGENDA: Executive Session Mayor Gutenberger requested that Council meet in Executive Session at the end of the meeting to discuss a personnel matter. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: IURA Nomination The following persons spoke in favor of Susan Cumming's nomination to the Ithaca Urban Renewal Agency: MV -2- Steven Ehrhardt - 209 Pleasant Street Margaret Wood - 121 South Titus Avenue Lambertis L. Gibbs - 208 Fayette Street Lucy Brown - 515 North Albany Street February 3, 1988 The following person spoke against Susan Cumming's nomination to the Ithaca Urban Renewal Agency : Paul Sayvetz - 201 Elm Street Farmers' Market - Renewal of License Peter DeGraff, 151 Northview Road, spoke to Common Council on the subject of the Farmer's Markets' renewal of their license to operate on the Taughannock Boulevard site this coming year. He asked that the Farmers' Market be relocated at a site away from the Taughannock Boulevard. He felt that the Market has had a very adverse effect on the businesses along the Boulevard. Charles Guttman, Attorney, 328 South Geneva Street, spoke to Council on the issue of the Farmers' Market. He asked that a committee be appointed to iron out details regarding the Market site and that Council make a decision very soon so that the Market can start planning ahead for the season. Anna Steinkraus, President of the Ithaca Farmers' Market, 345 Shaffer Road, Newfield, spoke to Council regarding the construction of the proposed building for the Farmers' Market on Taughannock Boulevard. She asked Council to approve a permit so that the Market can move ahead with the construction. The Market has contacted the Community Dispute Resolution Center and a meeting will be held on February 18 at 7:30 p.m. in the Second Floor Conference Room with the West End merchants. She urged Council to accept the Environmental Assessment Form that is before them tonight. CSEA - City Employees Contract Michael Campon, Field Representative for CSEA, 622 West State Street, spoke to Council regarding city employees working without a contract. He asked that the city sit down and start some realistic bargaining. Farmers' Market Betsy Darlington, Chairperson of Conservation Advisory Council, read the following statement to Council: "Approval of the EAF and the Market's license must be considered in light of what it is for: a one -year license. While it is true that if the various mitigation measures work, Council could decide to grant the Market a license again next year, the reverse is also true. The Market's plans for the site are almost totally - -and easily -- reversible. It might be pointed out that the same cannot be said concerning the license Common Council has agreed to give the Chamber of Commerce (subject to the DPW finally granting it) for a driveway and parking area on Stewart Park land. There were differences of opinion between the CAC and some members of the Charter and Ordinance Committee as to how specific items on the EAF should have been answered. The CAC spent three hours reviewing the EAF with the Market's president and attorney, and we felt that the various improvements the Market was planning would mitigate the potential impacts. There are some items that Alderman Schlather has Dointed out to me we should have answered differently, and then gone on to explain in Part 3 why the impacts would not in fact be large. I can accept this, and in fact am delighted that the environmental review process 1-- being taken seriously at last. 0 d -3- February 3, 1988 However, I think the CAC's overall conclusion was sound- - namely that, given the many mitigating measures the Market was planning, and given its operation on only one morning a week for just 8 months a year, and given that the license was for just one ye__ _ the impacts would not be significant. And these should beta'lanced against the many beneficial impacts of the market: helping support the rural character of our surroundings, providing a social and recreational opportunity that helps provide a sense of community, providing people with healthful, fresh produce, and bringing people into the city - -many of whom I am confident go on to patronize other city businesses. The city is constantly looking for ways to draw people to Ithaca, and the Market does exactly ' that. (J) (:11 O 11 310 Last night's Ithaca Journal had a letter from the owner of the Ithaca Boating Center. Her claim that the Market deprives them of Saturday business lost considerable credibility with me when she said that business doesn't even pick up after the Market closes because it is too late in the day for people to come. The Market ends at 1 P.M., and about the last hour is very light, so that gives S -6 business hours for the Boating Center's business to pick up. (8 -9 hours, if they stayed open til 9 P.M.). There are a number of ways in which the Boating Center could capitalize on the Market's popularity, and I hope that they will find ways to take advantage of it, perhaps working with the Market. The fact that Council is taking this Environmental Assess- ment Form seriously bodes well for the future, and I am sure that when such things as the Ithaca Boating Center's lease and the Chamber of Commerce's lease come up for renewal, the EAF's for these, too, will be looked at carefully. I don't know if the Boating Center has had to do an EAF in the past, and the city's EAF for the Chamber of Commerce was a farce. I don't believe Council had looked at it when they approved giving the license last June. (I hope that the Department of Public Works will have to do another EAF before finally granting the license). The Conservation Advisory Council didn't even receive a copy of the EAF, and I saw it for the first time only a week or so ago. The negative declaration on the Market's EAF is fair, and Council should vote its approval. When you compare the amount of traffic going to the Market on a typical Saturday morning with the daily rush -hour jam -ups in that part of town on Monday through Friday and with the delays along Meadow Street and around Pyramid Mall at many times during the week, the Market seems like small potatoes indeed. The potential loss, both to the city and to the vendors themselves, of having the Market move out of the city or perhaps even collapse, would be far greater than the insignificant impacts that might occur if this license is granted. Thank you." CSEA - City Employees Contract Sue Cardwell, 51 West Main Street, Dryden, representing Local 8908 CSEA at TC3, spoke to Council supporting the city workers contract. Ithaca Farmers' Market Duncan Hilchey, Director of Center for Local Food and Agriculture at Cornell, 4042 North Cayuga Street, spoke to Council regarding the economic impact of the IFM in Ithaca, on the West End, and Tompkins County. 6 -4- February 3, 1988 REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Environmental Impact Statements Commi.ssi.oner Daley stated that the Board of Public Works is concerned about exactly when and how they should apply the Environmental Impact Statement and to what areas it does apply. The Board of Public Works would like Council to make it clearer when it applies and when it doesn't. City Attorney Nash will respond to the Board of Public Works. Cliff Street Closing for Repairs Commissioner Daley stated that there are discussions going on regarding closing Cliff Street this Spring to re -do a substantial part of the city's section of it. The Board and the Department have scheduled neighborhood meetings re- garding this matter. Commissioner Daley answered questions from Council members. COMMUNICATIONS FROM THE MAYOR: Human Rights Commission Award Mayor Gutenberger read the following letter to Common Council from the Tompkins County Human Rights Commission: "John C. Gutenberger, Mayor Ithaca Common Council City Hall 108 East Green Street Ithaca, New York 14850 Dear Mayor Gutenberger: The Human Rights Commission of Tompkins County wishes to inform the Ithaca City Council that by unanimous vote at its January meeting, the Commissioners designated the Ithaca City Council for its Monthly Award for Outstanding Contribution in the Area of Human Rights. The Ithaca Common Council was chosen because of its courageous and timely action in designating Southside Community Center and G.I.A.C. as temporary emergency shelters for the homeless, upon the recommendation of the Human Services Committee. While we appreciate that our elected representatives need to exercise a great deal of caution in all undertakings in the name of the City, we believe there are also times to take risks: when people's welfare, indeed, when their very lives are at stake, it is a time for action. The City Council showed courage and caring in taking this particular action for our homeless - and we are very grateful to them. The Tompkins County Human Rights Commission is pleased to make the Ithaca Common Council the recipients of its January Human Rights Award. Sincerely yours, Margaret Dennis, Commissioner Tompkins County Human Rights Commission" City Hall Picture from NYSE &G Mayor Gutenberger stated that at the Chamber of Commerce Annual Dinner NYSE &G presented to the City the original water color painting of the building that is now City Hall. The City purchased the building from NYSE&G twenty -four years ago. D D �l February 3, 1988 MR MAYOR'S APPOINTMENTS: Conservation Advisory Council Mayor Gutenberger requested approval of Council for the appointment of Barbara Hotchkiss, S15 Chestnut Street, to the Conservation Advisory Council for a term to expire December 31, 1989. Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That this Council approves the appointment of Barbara Hotchkiss to the Conservation Advisory Council for a term to expire December 31, 1989. Carried Unanimously Commons Advisory Board Mayor Gutenberger requested approval of Council for the appointment of Tania Werbizky, 11.6 The Commons, to the Commons Advisory Board to fill the unexpired term of Jon Crispin, who resigned, for a term to expire December 31, 1988. Resolution By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of Tania Werbizky, to the Commons Advisory Board for a term to expire t�) December 31, 1988. Carried Unanimously (lj Board of Public Works Mayor Gutenberger requested approval of Council for the appoint- ment of Barbara Kathan, 221 Warren Place to the Board of Public Works to fill the unexpired term of Benjamin Nichols for a term to expire December 31, 1989. Resolution By Alderperson Schlather: Seconded by Romanowski RESOLVED, That this Council approves the appointment of Barbara Kathan, to the Board of Public Works for a term to expire December 31, 1989. Carried Unanimously Board of Zoning Appeals Mayor Gutenberger requested approval of Council for the appointment of Jack Peck, 516 Chestnut Street, to the Board of Zoning Appeals for a term to expire December 31, 1990. Resolution By Adlerperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Jack Peck to the Board of Zoning Appeals for a term to expire December 31, 1990. Carried Unanimously Recycling Task Force Mayor Gutenberger requested approval of Council for the appoint- ment of Tracy Frisch, 124 Esty Street to the Recyling Task Force for an indefinite term of office. Resolution By Alderperson Lytel: Seconded by Alderperson Schlather RESOLVED, That this Common Council approves the appointment of Tracy Frisch to the Recycling Task Force for an indefinite term of office. Carried Unanimously Tompkins County Youth Board Mayor Gutenberger requested approval of Council for the city's nomination of Nicholas V. Wharton, 413 Linn Street, to the Tompkins County Youth Board for a term to expire December 31, 1988. "�r:_ -6- February 3, 1988 Resolution By Alderperson Killeen: Seconded by Alderperson Booth RESOLVED, That this Council approves the nomination of Nicholas V. Wharton to the Tompkins County Youth Board for a term to expire December 31, 1988. Carried Unanimously Assistant City Attorney Mayor Gutenberger stated that he has appointed Jennifer Sanders, 1S -B Gaslight Village, as Assistant City Attorney for a term to expire December 31, 1989 and he asks the Council's concurrence. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That this Council concurs with the appointment of Jennifer Sanders as Assistant City Attorney with a term to expire December 31, 1989. Carried Unanimously Ms. Sanders took the oath of office and was sworn in by City Clerk Paolangeli. CITY ATTORNEY'S REPORT Human Services Contract Alderperson Peterson asked about the status of the Human Services contracts. City Attorney Nash responded that a basic contract has to be tailored for each group. He is working on this. Northside Re-zoning, Including "Watts lot" Alderperson Hoffman asked about t e ort side re- zoning. He understands there has been a communication to the City Attorney from another attorney about the re- zoning of the Northside area including the Watts lot. He asked City Attorney Nash if that communication has changed his opinion on this issue. City Atty. Nash responded that it has not. There was no new information submitted; it was an argument based on cases that he had come up with originally. Further discussion followed on the Northside re- zoning issue. CHARTER AND ORDINANCE COMMITTEE: Farmers' Market Environmental Assessment Form By Alderperson Booth: Seconded by Alderperson Nichols WHEREAS, the City's issuance of a revocable license to the Farmers' Market to allow it to operate at the Inlet Island site in 1988 is an action which may have a significant effect on the environment, and WHEREAS, the Conservation Advisory Council has conducted an environmental review of this action, prepared environmental assessment forms regarding it pursuant to the City Environ- mental Quality Review ordinance, and advised Common Council of its conclusions; now, therefore, be it RESOLVED, That this Common Council, as Lead Agency respecting this matter, conducts the reviews and makes the determinations stated in Parts I - V on the attached pages, and concludes, as stated therein, that the proposed action will not have a significant effect on the environment provided the conditions stated therein are fulfilled; and be it further RESOLVED, That this Common Council concludes that further environmental review of this action is not required and directs the Mayor to sign Determination B at the end of Part 2 of the Long Environmental Assessment Form set forth in Part 1V of the attached pages, which determination calls for the LO Iq LO M Q IN -7- February 3, 1988 preparation of a negative declaration; and be it further RESOLVED, That with the Mayor's signature as previously directed this resolution, including all the attached pages, shall constitute notice of this negative declaration and that the City Clerk be and is hereby directed to file a copy of the same in the City Clerk's Office and forward the same to any other parties as required by law. Alderperson Booth gave background information on the Farmers' Market Environmental Assessment Form and resolution. Alderperson Romanowski stated that he does not totally agree with some of the conclusions in the EAF. Because of that he is voting against it but he commended everyone who worked long and hard on it. Discussion followed on the floor. Alderperson Booth made reference to a suggestion from Alder- person Nichols that a negotiating committee be appointed to come to an agreement on the details so that it would be possible for the Market to open on time. Alderperson Schlather thanked Alderperson Booth for his very thorough effort in working through this environmental review. He stated that the city does take its environmental review seriously. We establish thresholds which are far more rigid than is recommended by the New York State Department of Conser- vation and we have worked for years in bringing environmental review to some meaningful use in city decision making. He stated that for precisely those same reasons he cannot support the determination of negative declaration. His feeling is that before we grant this license there ought to be full environmental review. It is clear from the statement itself that there are uncertainties as to traffic circulation and congestion. It is clear that there is still uncertainty as to the impact on adjacent businesses. Further discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Lytel, Cummings, Johnson, Nichols, Booth, Killeen, Peterson, Hoffman Nays (2) - Schlather, Romanowski Carried Farmers' Market Legal Considerations Alderperson Booth stated that the Council assigned to the Charter and Ordinance Committee a responsibility for looking at considerations that arise out of the questions pertaining to whether the Market is a proper use of park land. As the committee was told an inquiry was sent to the State Office Department of Parks, Recreation and Historic Preservation and a parallel inquiry is being sent to the Federal Department of the Interior. The committee has not yet heard from these State and Federal offices. As soon-as the committee does hear, they will report back to the Council and make recommendations. Discussion followed on the floor on what might be fair and equitable treatment for the users of park land. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That in the event that an opinion is not forthcoming from the State or Federal government as previously requested, that the City Attorney will render an opinion on lawfulness of issuing a license for the Farmers' Market at that site by the meeting on March 2, 1988. -8- February 3, 1988 Alderperson Hoffman objected to the Resolution as it was not on tonight's agenda. Resolution was withdrawn. UNFINISHED AND MISCELLEANOUS BUSINESS: Farmers' Mar et License By Alderperson Nic ols: Seconded by Alderperson Johnson WHEREAS, at its meeting of December 2, 1987, Common Council adopted the following motions relative to the application of the Farmers' Market which has made application for a license to use the city -owned property on the so- called Inlet Island in 1988: I. Common Council hereby assumes the authority and responsibility for acting upon said application and designates itself as Lead Agency for purposes of environmental review. 2. That Common Council proceed with the Farmers' Market for a revocable license for next year provided that such license is allowable by law and regulation and consistent with environmental review, and WHEREAS, Common Council has completed its environmental review; now, therefore, be it RESOLVED, That the Mayor appoint an ad -hoc negotiating committee consisting of a minimum of three persons; one of whom shall be a member of Common Council as Chair; one of whom shall be a member of the Board of Planning and Development; and one of whom shall be a member of the Board of Public Works. The committee shall work out all the terms and conditions of a license to the Farmers' Market for 1988 . and shall present a written or verbal report to the Planning and Development Committee at their regular meeting on February 24, 1988 and shall bring such license to the Common Council for action at its meeting on March 2, 1988. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Booth, Lytel, Hoffman, Nichols, Cummings, Peterson, Johnson, Killeen Nays (2) - Schlather, Romanowski Carried BUDGET AND ADMINISTRATION COMMITTEE: Nomination to It aca Ur an Renewal Agency By Alderperson Sc lat er: Seconded by Alderperson Lytel RESOLVED, That this Common Council approves the nomination of Alderperson Susan Cummings to the Ithaca Urban Renewal Agency. Discussion followed on the floor. Alderperson Johnson thanked everyone who provided information to him regarding the IURA and especially Susan Cummings for her extensive resume. He further stated that he is concerned about the structure of the IURA itself, with a person serving an indefinite term. He also feels that there is a need for a much broader and more diverse per- spective to be reflected in the membership of the IURA. Alderperson Schlather remarked that the whole issue of Mayoral appointments, of establishing guidelines and some ground rules should be looked at by the Charter and Ordinance Committee. D W__ mom () February 3, 1988 However, as to this particular appointment it is the recommendation of the Budget and Administration Committee by a 4 to 0 to 1 abstention vote to recommend this nomination to Council. Alderperson Cummings asked Council members to support her nomination. She stated that in regard to the structure of the agency and the indefinite terms of membership, that Council should immediately pursue through the State, the steps necessary to require fixed terms of 3 or 4 years with no more than 2 consecutive terms allowed. Alderperson Killeen spoke in support of Susan Cumming's nomination to the IURA. Alderperson Hoffman commented that he believes Alderperson Cummings has expertise in the area of housing and grants but he believes a compromise could be reached by appointing her as a non - voting Common Council Liaison to the IURA. Common Council had a liaison to the IURA ten years ago but it has apparently lapsed and Alderperson Hoffman asked that it be re- established and Alderperson Cummings be appointed. He (O asked that the Mayor find a nominee for the vacant IURA seat I- who will bring more diversity on questions of large scale LO development and that Council seriously address the question of the structure of the IURA. CO Alderperson Booth asked City Attorney what the meaning is, Q in his opinion, of State legislation which established the Ithaca Urban Renewal Agency. It reads that appointments shall be made by the Mayor with the approval of a majority of members of Common Council. City Attorney Nash responded that the proposed appointment is made by the Mayor and the majority of Common Council is necessary to the make the appointment effective. The Charter provides that the Mayor and Alderpersons shall constitute the Common Council thereof and it goes on consistently with (400,11 that to include the Mayor as a member of Common Council. die stated that the Mayor could vote on this appointment in case of a tie. City Attorney Nash further stated that if a Council member abstains for the purpose of denying the Mayor an opportunity to break a tie vote, it seemed clear that indeed the person were actually against the measure, the Mayor could consider that abstention as a negative vote thereby making it a tie vote and allowing him to vote on it. Discussion followed on the floor regarding what constitutes a majority of Council. Alderperson Nichols stated that he has been studying the IURA over the past month. It specifically states "members shall be appointed by the Mayor with concurring approval of the majority of the members of Common. Council." He compared this language with other language in the City Charter to see where else that sort of language appeared. In every place else where there was a nomination by the Mayor it says "is appointed by the Mayor with the approval of Common Council "; not the words "with the concurring approval of the majority of the members of Common Council." He also found one place where there is a reference to the majority of the members of Common Council which has to do with a quorum. It states "the majority of the members of Common Council shall be a quorum for the transaction of business." He has been told that consistently that means six members of Common Council not including the Mayor. Alderperson Nichols asked the City Attorney to reconsider his opinion based on that fact. 10 -10- February 3, 1988 City Attorney Nash again stated that in his opinion the Mayor and the Alderpersons constitute Common Council. Alderperson Nichols then stated that if Alderperson Cummings is approved on the basis of five votes, including her own plus the Mayor and if that is ruled legal he thinks that is misguided. He went on to say that since ;that is Atty. Nash's ruling, it is on that basis that he will abstain. It is because of the legal question and not to block anything but he thinks it is a mistake for the City to go ahead in that direction. He again stated that this is not a personal question about Alderperson Cumming's ability but he believes many members of Common Council, including himself, are just as concerned about affordable housing. He further feels that it is important to involve more people in the decision making in the city. He believes that Alderperson Cumming's views are very well represented as Chair of the Planning and Development Committee and as a member of Common Council and he would support Alderperson Cummings as a Liaison from Common Council to the IURA. He stated once again that he will abstain on this vote and hoped that it would not be taken personally. Alderperson Romanowski stated that he is supporting the nomination of Susan Cummings to the IURA because he thinks the city needs strong representation on the agency and Alderperson Cummings has the strength that is needed in that position. Alderperson Peterson stated that her reason for voting against this nomination is that she believes we should involve more of the community in the decision making of the city and she is confident we could find a community person who would be willing to serve on the IURA. Further discussion followed on the floor. Mayor Gutenberger stated that the discussion on fixed terms versus not having fixed terms is a discussion Common Council should pursue in the future. He further stated that when you serve "at the pleasure of the Mayor ", you serve on a day to day basis because you can be removed at any time. When you have fixed terms you are locked in. He believes that one of the reasons we have one of the most successful agencies in New York State is because people have served for long terms and brought consistency to the agency. The State legislation that allows the person to serve at the pleasure of the Mayor means that any Mayor that comes into office cannot remove people and put in his personal choices because those replacements cannot be made unless they are concurred with by Common Council. Therefore, you have a check and balance system. This insulates the IURA from the political whims of different Mayors, who might be elected every 2 years. He reminded Council that IURA only implements policy and cannot do anything that zoning and hopefully site -plan review do not allow them to do. The Mayor further stated that he will be making what he believes is a rational and sane decision and go by the Common Council rules and regulations which he and all Council members swore to uphold. It says "membership of the Common Council - the Mayor and Alderpersons of the City of Ithaca shall constitute the Common Council thereof." The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: it Lo Nt LD m Q -11- February 3, 1988 Booth - Abstained Johnson Nichols - Nay - Abstained Schlather - Aye Romanowski - Aye Lytel - Aye Cummings - Aye - Killeen - Aye Peterson - Nay Hoffman - Nay Ayes - (S) Nays - (3) Abstentions (2) Mayor Gutenberger asked for the record that each Alderperson state publicly the reason for their abstention. Alderperson Booth replied, "This is a powerful agency, it has five members, you are the head of it. This is a nomination that you have made, there is not a majority of the Alderpersons on this Council that supports the nomination. In fact, there are only five persons on the Council that support the nomination, one of those persons is the person being nominated. I think this has been a d;visive appointment. I think you were mis- guided to make it. We have had a lot of discussion that is going to make things more difficult in the future. For those reasons I abstained." Alderperson Nichols stated that he has given his reasons and he is not required to restate his reasons. Mayor Gutenberger stated "members of Common Council are elected to act on behalf of the residents of the City of Ithaca. To fail to exercise this public trust leaves those you represent unrepresented. Elected officials are expected to make tough decisions and to let the public know why they voted a particular way. To shirk this duty can lead to many abuses in that on any controversial issue any Council member can duck criticism by simply abstaining and let those who fulfilled their duty take any heat from constituents who do not agree with that particular vote." The Mayor then quoted from legal opin State Supreme Court Appelate Division which concurred that an abstention in vote and it was up to the Chair to so ruled that tonight's abstentions were vote to appoint Susan Cummings to the to five, with the Mayor voting Aye. 11 ions of the New York and the Court of Appeals some cases was a negative rule. The Mayor then a negative vote. The Urban Renewal Agency passed six Carried Recess Common Council recessed at 10:45 p.m. and reconvened in regular session at 11:00 p.m. PLANNING AND DEVELOPMENT COMMITTEE: Stewart Park Preservation Goals and Guidelines By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council, on April 2, 1986, approved the expenditure 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 (SPAG) was reactivated to provide guidance to the Trowbridge staff, and WHEREAS, the Planning and Development Board, the SPAG and numerous organizations and individuals within the City have recommended that a principal component of the design develop- ment plan should consist of guidelines for preservation and maintenance of Stewart Park, and 12 -12- February 3, 1988 WHEREAS, at the invitation of Trowbridge and Trowbridge a SPAG 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 SPAG and the SPAG has found that the document meets the objective of providing preservation and maintenance guidelines, and WHEREAS, the SPAG and the Planning and Development Committee of Council have recommended adoption of the goals; now, therefore, be it RESOLVED, That Common Council adopt the following goals for Stewart Park: 1) Establish a Park Commission 2) Preserve historic structures and their landscape setting 3) Preserve and enhance the overall park landscape 4) Protect and beautify the shoreline 5) Preserve and enhance Park Road and path systems 6) Preserve passive and informal recreation activities, preserve limited active recreation and enhance water related activities 7) 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. Discussion followed on the floor concerning the meaning of several of the words in the resolution.* Those continents made other things, the term park commission may also be read as Amending Resolution parks continissio11. By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That in the first Resolved, in items 3, 5, and 6, the work 'enhance' be struck and the word 'maintain' be put in its place. Discussion followed on the floor on the amendment. A vote on the amending resolution resulted as follows: Ayes (2) - Romanowski, Schlather Nays (8) - Peterson, Hoffman, Booth, Nichols, Johnson, Lytel, Cummings, Killeen Motion Defeated clear among Amending Resolution Alderperson Schlather requested that the word 'beautify' in item 4 of the first Resolved, be struck from the resolution. No one seconded the above amending resolution. Main Motion A vote on the Main Motion resulted as follows: Ayes (9) - Romanowski, Killeen, Booth, Johnson, Cummings, Hoffman, Peterson, Lytel, Nichols Nay (1) - Schlather Carried Stewart Park Master Plan Recision By Alderperson Cummings: Seconded by Alderperson Nichols WHEREAS, Common Council on January 2, 1985, adopted the Stewart Park Master Plan as the "offi-cial concept plan for that area, and ff) RESOLVED, That the Stewart Park Master Plan shall instead Iq serve as one of the several resources for future care of 1-0 Stewart Park. Carried Unanimously m Stewart Park Q Building Stabilization Actions By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED, That the Common Council requests that the Department of Public Works implement the stabilization of Stewart Park buildings as suggested on pages 17 and 18 of the "Stewart Park 1987 Preservation Goals and Guidelines" as soon as practicable, and be it further RESOLVED, That the Department of Public Works be directed to provide to Common Council cost estimates and scheduling for the above listed stabilization work. Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the first Resolved read as follows: "That the Common Council directs the Department of Public Works to provide to Common Council cost estimates and scheduling for the stabilization of Stewart Park buildings as suggested on pages 17 and 18 of the -'Stewart Park 1987 Preservation Goals and Guidelines' as soon as practicable." Discussion followed on the floor on the amendment. A vote on the amending resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Booth, Killeen Nays (6) - Nichols, Johnson, Peterson, Hoffman, Lytel, Cummings Motion Defeated Amending Resolution By Alderperson Nichols: Seconded by Alderperson Cummings RESOLVED, That the last Resolved, read as follows: "That if the required work cannot be done using normal maintenance funds, the Department of Public Works be directed to provide to Common Council cost estimates and scheduling for the above listed stabilization work ". Carried Unanimously 13 -13- February 3, 1988 WHEREAS, Common Council on April 2, 1986, approved the expenditure drawings" of $21,500 for preparation of "design development the city subsequently hired Trowbridge for Stewart Park, and and Trowbridge for this task, and WHEREAS, in fulfillment of its contract Trowbridge and Trow- "Stewart Park 1987 Preservation Goals bridge has prepared the 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 confusion "Stewart Park 1987 and can restrict effective use of the Preservation Goals and Guidelines "; now, therefore, be it RESOLVED, That the Common Council does hereby rescind the 1984) as the Stewart Park Master Plan (Neiderkorn Report of be it further official concept plan for the area, and ff) RESOLVED, That the Stewart Park Master Plan shall instead Iq serve as one of the several resources for future care of 1-0 Stewart Park. Carried Unanimously m Stewart Park Q Building Stabilization Actions By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED, That the Common Council requests that the Department of Public Works implement the stabilization of Stewart Park buildings as suggested on pages 17 and 18 of the "Stewart Park 1987 Preservation Goals and Guidelines" as soon as practicable, and be it further RESOLVED, That the Department of Public Works be directed to provide to Common Council cost estimates and scheduling for the above listed stabilization work. Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the first Resolved read as follows: "That the Common Council directs the Department of Public Works to provide to Common Council cost estimates and scheduling for the stabilization of Stewart Park buildings as suggested on pages 17 and 18 of the -'Stewart Park 1987 Preservation Goals and Guidelines' as soon as practicable." Discussion followed on the floor on the amendment. A vote on the amending resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Booth, Killeen Nays (6) - Nichols, Johnson, Peterson, Hoffman, Lytel, Cummings Motion Defeated Amending Resolution By Alderperson Nichols: Seconded by Alderperson Cummings RESOLVED, That the last Resolved, read as follows: "That if the required work cannot be done using normal maintenance funds, the Department of Public Works be directed to provide to Common Council cost estimates and scheduling for the above listed stabilization work ". Carried Unanimously 13 14 -14- February 3, 1988 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Finkelstein Proposal Alderperson Cummings referred to a memorandum from City Attorney Nash on contract zoning and conditional zoning that was attached to Planning and Development Committee's agenda in regard to the Finkelstein /Watts lot proposal. She asked that Alder - persons read the memo carefully and if they have questions to talk them over with Atty. Nash or Paul Mazzarella. Mr. Finkelstein is scheduling another meeting in the last week of February, to which everyone will be invited. Employment Maintenance Policy - Industrial Park Leases By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the report of the Ad Hoc Committee on Employment Maintenance, dated July 1987, recommended a three -point program for helping to secure the economic future of both individuals and business entities in the City of Ithaca, and WHEREAS, the committee's report has been reviewed by Common Council, and WHEREAS, at least one recommendation of the Committee has already been implemented, and WHEREAS, the report included a recommendation that the City of Ithaca adopt language in its standard lease agreements with all new businesses establishing operations in city -owned industrial parks which would encourage, and in certain instances require, advance notice of any closings or work force reductions; now, therefore, be it RESOLVED, That Common Council does hereby adopt the recommendations of the Ad Hoc Committee, and be it further RESOLVED, That the City Attorney be directed to develop language for incorporation into the standard lease agreements for city -owned industrial parks, and be it further RESOLVED, That such new lease provisions shall apply to leases with new businesses moving into the parks. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That the last Resolved shall read as follows: "That such new lease provisions shall apply to leases and sub - leases with any businesses moving into the parks." Discussion followed on the floor on the amendment. During discussion of whether the policy should apply to Precision Filters, which is renegotiating its lease in order to expand, Alderperson Hoffman requested that the city's negotiators advocate (but not require) the addition of advance notice language to the lease, and report to Council the result of such negotiation. Mayor Gutenberger, as head of the IURA, agreed to implement this suggestion. A vote on the amending resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously �1._q LO Iq LO m Q -is- February 3, 1988 15 Employment Maintenance Policy (for inclusion in Industrial Park Leases By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, pursuant to the recommendation of the Ad Hoc Committee on Employment Maintenance, the City Attorney has drafted language concerning advance notice of plant closings and work force reductions for inclusion in the standard lease agreements governing tenants of City -owned industrial parks) and WHEREAS, such language has been reviewed by this Common Council and deemed appropriate; now,therefore, be it RESOLVED, That the following language is hereby accepted and adopted for inclusion as a standard provision of the lease agreements with all new tenants to the City's industrial parks: The lessee is encouraged to give notice to the lessor and to the Labor Representative and Executive Director of the Tompkins County Area Development, Inc. of any proposed work force reductions. The lessee shall give notice to the lessor and to the Labor Representative and Executive Director of the Tompkins County Area Develop- ment, Inc. of any proposed business closings or work force reductions which will result in a breach or termina- tion of this lease according to the following schedule: 1 - 15 employees 16 - 99 employees 100 or more employees no mandatory notice 60 days notice 90 days notice If lessee is precluded from giving such notice on account of unanticipated circumstances beyond the control of the lessee, the lessee shall in any event provide such notice as soon as lessee becomes aware of such circumstances. Discussion followed on the floor. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Schlather RESOLVED, That the following words "which will result in a breach or termination of this lease" be deleted from the first paragraph of the lease agreement, and following the schedule a paragraph will be inserted to read "Notwithstanding the foregoing, the lessee shall give notice to the lessor and to the Labor Representative and Executive Director of the Tompkins County Area Development, Inc. of any proposed business closings or work force reductions which will result in a breach or termination of this lease." Discussion followed on the floor on the amendment. A vote on the amending resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously Cherry Street Industrial Park Leases - Preliminary Approval Precision Filters By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Cherry Street Industrial Park was developed to encourage the retention and expansion of local area industry, and -16- February 3, 1988 WHEREAS, Precision Filters is presently a tenant in the Cherry Street Industrial Park, and WHEREAS, their tenancy has been and will continue to be in furtherance of the Ithaca Urban Renewal Plan, and WHEREAS, Precision Filters desires an additional 2.0 +1- acres in exchange for the .8 +/- acre parcel previously approved for their expansion, and WHEREAS, the proposed terms for the expansion lease agreement have been presented and reviewed by Common Council; now, therefore, be it RESOLVED, That Common Council does hereby give preliminary approval of the proposed terms of the expansion lease agreement with Precision Filters, Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the following be added to the end of the last paragraph of the resolution: "provided that the same includes provision for bikeway easement along the west side of any properties now leased by Precision Filters and fronting on the flood control channel." Discussion followed on the floor on the amendment. A vote on the amending resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Booth, Hoffman Nays (5) - Lytel, Cummings, Killeen, Peterson, Johnson Abstention (1) - Nichols Motion Defeated Main Motion A vote on the Main Motion resulted as follows: Ayes (9) - Schlather, Romanowski, Johnson, Cummings, Nichols, Hoffman, Lytel, Peterson, Killeen Nay (1) - Booth Carried Alderperson Hoffman noted that he was voting yes "under protest "; he opposes the low rental and buyout rates, which have not been raised since 1979, but was told by staff that it is now too late to revise the rates withoat jeopardizirr4, the leases. Cherry Street Industrial Park Leases - Preliminary Approval Printers Gallery West By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, pursuant to Section 1(b) of the Ithaca Urban Renewal and Disposition Procedure, the Ithaca Urban Renewal Agency has followed an accepted method of solicitation of sponsors for tenancy in the Cherry Street Industrial Park, and WHEREAS, the Ithaca Urban Renewal Agency has established the eligilibity of Printers Gallery West for tenancy in the Park, and WHEREAS, the proposed terms of the lease agreement with Printers Gallery West for .735 + /- acres in the Park have been presented to and reviewed by Common Council; now, therefore, be it RESOLVED, That Common Council does hereby give preliminary approval.. of the proposed -terms of this lease agreeement, and be it further -17- February 3, 1988 RESOLVED, That such approval be contingent upon the addition of the appropriate employment maintenance language. Discussion followed on the floor regarding number of people who would be employed by Printers Gallery West. Planning and Development Director Van Cort explained how the lease would be written and reviewed as to the number of jobs. A vote on the resolution resulted as follows: Ayes (6) - Johnson, Lytel, Killeen, Hoffman, Peterson, Cummings Nays (4) - Schlather, Romanowski, Booth, Nichols Carried RESOLVED, That Common Council does hereby give preliminary approval of the proposed terms of this lease agreement, and be it further RESOLVED, That such approval be contingent upon the addition (U0001 of the appropriate employment maintenance language. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the following be added to the final paragraph of the resolution: "and provided further that the same includes provision for a bikeway easement along the west side of the property fronting on the flood control channel." Discussion followed on the floor on the amending resolution regarding the proposed bikeway path. A vote on the amending resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Romanowski, Hoffman, Peterson, Cummings, Johnson, Nichols, Killeen, Lytel Nay (1) - Booth Carried Strategic Housing and Neighborhoods Plan By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the issues of neighborhood stability, housing cost, housing conditions, parking and traffic have been of concern to many Ithaca residents in recent years, and WHEREAS, the Common Council has authorized the preparation of a strategic plan to address housing and neighborhood issues, and 1'7 Cherry Street Industrial Park Lease - Preliminary Approval Vector Magnetics By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, pursuant to Section 1(b) of the Ithaca Urban Renewal and Disposition Procedure, the Ithaca Urban Renewal Agency has followed an accepted method of solicitation of sponsors (O for tenancy in the Cherry Street Industrial Park, and K4 LO WHEREAS, the Ithaca Urban Renewal Agency has established the eligibility of Vector Magnetics for tenancy in the Park, and M Q WHEREAS, the proposed terms of the lease agreement with Vector Magnetics for .8 +/- acres in the Park have been presented to and reviewed by Common Council; now, therefore, be it RESOLVED, That Common Council does hereby give preliminary approval of the proposed terms of this lease agreement, and be it further RESOLVED, That such approval be contingent upon the addition (U0001 of the appropriate employment maintenance language. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the following be added to the final paragraph of the resolution: "and provided further that the same includes provision for a bikeway easement along the west side of the property fronting on the flood control channel." Discussion followed on the floor on the amending resolution regarding the proposed bikeway path. A vote on the amending resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Romanowski, Hoffman, Peterson, Cummings, Johnson, Nichols, Killeen, Lytel Nay (1) - Booth Carried Strategic Housing and Neighborhoods Plan By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the issues of neighborhood stability, housing cost, housing conditions, parking and traffic have been of concern to many Ithaca residents in recent years, and WHEREAS, the Common Council has authorized the preparation of a strategic plan to address housing and neighborhood issues, and 1'7 I g -1.8- February 3, 1988 WHEREAS, the Board of Planning and Development has completed an exhaustive study of housing and neighborhood issues, developed goals and objectives for housing and neighborhood concerns and identified a series of actions that are designed to address housing and neighborhood problems, and WHEREAS, the strategic planning process undertaken by the Board of Planning and Development included extensive participation by the public; now, therefore, be it RESOLVED, That this Common Council does hereby endorse the following recommended actions as a means of addressing Ithaca's critical housing and neighborhood concerns: 1) develop a housing trust fund, 2) actively seek out, publicize, and consider available federal and state programs that subsidize affordable housing, 3) support the retention and rehabilitation of existing housing units through financial and in -kind support, 4) develop new project review procedures that provide more discretionary review by the city, more flexibility in project design and full protection against out -of -scale projects, 5) develop new responses to problems that originate from "lifestyle" differences within neighborhoods, 6) establish on -going working groups between Cornell, Ithaca College, neighborhood residents and city officials to develop solutions to neighborhood problems caused by Cornell and Ithaca College, 7) develop performance standards to regulate the maintenance of buildings and grounds and new procedures for the enforcement of those standards, 8) develop an improved system for city departments to respond to complaints and requests from neighborhood 9) residents, develop a program of improved enforcement of the City of Ithaca's existing parking and traffic regulations, 10) revise the City of Ithaca's existing alternate side of the street parking regulations, 11) investigate various strategies for city -wide regulation of rental rates and conditions, 12) strengthen the role of citizens and neighborhood groups in the city's planning and p6licy- making process, and be it further RESOLVED, That endorsement of the actions listed above constitutes a commitment to investigate and refine the concepts behind each action, and that each action shall be brought before Common Council for review and approval prior to implementation, and be it further RESOLVED, That Common Council hereby endorses the concept of the development of a Housing Commission for the City of Ithaca for the purpose of providing a focus for the continued discussion and resolution of housing concerns in the City of Ithaca. Motion to Table By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Strategic Housing and Neighborhood Plan resolution be tabled. Ayes (5) - Schlather, Romanowski, Booth, Peterson, Lytel Nays (5) - Hoffman, Killeen, Cummings, Johnson, Nichols Mayor Gutenberger voted Aye, breaking the tie vote. Motion Carried -19- February 3, 1988 lei Determination of Non - significance - City Hall Annex By Alderperson Cummings. Seconded by Alderperson Killeen WHEREAS, the Common Council has authorized the disposition of the City Hall Annex and has directed the Ithaca Urban Renewal Agency to solicit proposals from interested sponsors (buyers) through a process which will involve the Ithaca Urban Renewal Agency's preliminary evaluation of all proposals on the basis of bid price, proposed reuse, and the appropriateness of proposed exterior alterations, and WHEREAS, the Ithaca Urban Renewal Agency is to forward their recommendations to the Common Council for the final deliberation and selection of sponsors, and WHEREAS, appropriate environmental review has been conducted, incl_udi.ng the preparation of the Short Environmental Assessment Form (SEAF), and WHEREAS, it appears that the proposed actions will not have a significant effect on the environment, and that future changes to the facade of the structure will be controlled LD through the cii-vl s retaining binding review powers through d' the Ithaca ; iarks Preservation Commission and the City Design Revi(:.. )ard; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this M matter, hereby does adopt as its own the findings and conclusions Q more fully ;et forth on the attached Short Environmental Assessment, orm, and be it further RESOLVED, That this Common Council, as lead agency, hereby does determine that the proposed actions at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further (Woo" RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Discussion followed on the floor. A vote on resolution resulted as follows: Ayes Schlather, Nichols, Killeen, Johnson, Peterson, Romanowski, Lytel, Cummings Nays (2) - Booth, Hoffman Carried Determination of Non - significance - Fire Station #S By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council has authorized the disposition of the Fire Station No. S and has directed the Ithaca Urban Renewal Agency to solicit proposals from interested sponsors (buyers) through a process which will involve the Ithaca Urban Renewal Agency's preliminary evaluation of all _proposals on the basis of bid price, proposed reuse, and the appropriateness of proposed exterior alterations, and WHEREAS, the Ithaca Urban Renewal Agency is to forward their recommendations to the Common Council for the final deliberation and selection of sponsors, and WHEREAS, appropriate envirommnetal review has been conducted, including the preparation of the Short Environmental Assessment Form (SEAF), and 20 -20- February 3, 1988 WHEREAS, it appears that the proposed actions will not have a significant effect on the environment, and that future changes to the facade of the structure will be controlled through the city's retaining binding review powers through the Ithaca Landmarks Preservation Commission and the City Design Review Board; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the attached Short Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency, hereby does determine that the proposed actions at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Ayes (8) - Lytel, Romanowski, Killeen, Cummings, Schlather, Johnson, Nichols, Peterson Nays (2) - Booth, Hoffman Carried HUMAN SERVICES COMMITTEE: Space Improvement and Day Care Expansion at G.I A C Alderperson Schlather referred to a resolution that was passed by the Board of Directors of G.I.A.C. He expressed hope that the resolution will be included in whatever package of applications are filed for ARC funding or other form of Federal funding to help pay for the costs of these renovations. Alderperson Schlather recommended that the resolution go back to the Human Services Committee and the committee come back with a recommendation on these particular points. He also asked that staff look into the availibility of grant money and put together an application. Progress Report from Police Chief Page Alderperson Peterson reported that the committee met with Police Chief Page and he updated the committee on some changes in the Department that he has implemented. Funding Criteria - Human Services Agencies Alderperson Peterson reported that the committee is reviewing funding criteria for Human Service Agencies. BUDGET AND ADMINISTRATION COMMITTEE: Sidewalk Assessments By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the Board of Public Works levied sidewalk assessments on July 15, 1987, for the construction of sidewalks at various locations in the City of Ithaca, and WHEREAS, a public hearing thereon was held by said Board on January 13, 1988, and WHEREAS, on January 27, 1988, said Board approved said assess- ments and filed a schedule thereof with the Common Council for confirmation and final approval; now, therefore, be it RESOLVED, That said assessments in the total amount of $1,631.31 be, and the same is, hereby approved and confirmed, and be it further -21- February 3, 1988 RESOLVED, That the City Clerk be, and hereby is, directed to prepare a warrant on the City Chamberlain, in accordance with such schedule, for the collection of said assessments; and that the Mayor and City Clerk be authorized to sign and execute such warrant, whereupon all such assessments will become due and payable from the date of execution thereof; and on all such assessments or portions thereof remaining unpaid after the expiration of six months from the date of such warrant, the City Chamberlain shall add and collect the percentage thereon, at the rate of loo per annum, except and provided, however, that the City Chamberlain may allow persons to pay their assessments, if the aggregate amount exceeds $100, in five equal installments, with interest at 1.0a, on or about June 1 each year, provided, however, that any person desiring to pay by installments shall make appli- cation promptly, in writing, to the City Chamberlain; and all properties having such assessments or portions thereof of installment payments in arrears and remaining unpaid at the close of any City Tax collection period shall be included by the City Chamberlain in a subsequent City Tax sale held in November each year following such City Tax collection (n period; and such property shall be sold for any unpaid assess - d- ments or portion thereof or any unpaid installment payments, together with the outstanding balance of such installment LD payments, together will all interest, fees and penalties m that may be accrued. Carried Unanimously a Audit By Alderpers, c:hlather: Seconded by Alderperson Cummings RESOLVED, ThaL the bills presented, as listed on Audit Abstract #2/1988, in the total amount of $15,894.74, be approved for payment. Carried Unanimously Fire Department Authorized Equipment By Alderperson Schlather: Seconded by Alderperson Roman (400" RESOLVED, That the 1988 Authorized Equipment List of the Dire Department be amended to include the purchase of the following items, as requested by the Fire Chief: 2 Cascade Cylinders $ 800 Lockbox Access Key Security Svstem Hardware $2,200 and be it :er RESOLVED, $3,000 be transferred within the Fire Department 1988 Operas:,._, Budget from Account A3410 -477, Equipment Parts and Supplies, to Account A3410 -225, Other Equipment. Carried Unanimously Police Department Authorized Equipment By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the 1988 Authorized Equipment List of the Police Department be amended to include the purchase of one additional police vehicle, as requested by the Police Chief. No additional funding is required. Carried Unanimously Police Department Authorized Equipment (wool By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the 1988 Authorized Equipment List of the Police Department be amended, as requested by the Police Chief, as follows: Delete - 12 Ports $6,590 Add - Software for Main Frame $4,000 Add - Personal Computer $ Software $2,590 Carried Unanimously 21 22 -22- February 3, 1988 Stewart Park Asbestos Removal By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, in the process of renovating the Stewart Park bath- rooms, to provide handicapped accessibility, asbestos was found, and WHEREAS, the Board of Public Works has recommended that this material be removed; now, therefore, be it RESOLVED, That this Common Council accepts the Board's recommendation and approves the transfer of an amount not to exceed $1,414 from Account A1990, Contingency, to Stewart Park Account A7112 -435, Contractual Services, as per proposal submitted by Sunstream Construction and Energy Systems. Carried Unanimously D.P.W. Personnel Roster By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Personnel Roster of the Department of Public Works be amended as follows: Ithaca Area Wastewater Treatment Plant Add - 1 Account Clerk /Stenographer Position - 40 Hours Delete- 1 Account Clerk /Typist Position - 40 Hours Street and Facilities Add - 1 Micro Computer Operator Delete- 1 Account Clerk Position Plumbing Inspector By Alderperson Schlather: Seconded WHEREAS, the position of Plumbing I since September 18, 1987, and Position - 40 Hours - 40 Hours Carried Unanimously by Alderperson Killeen aspector has been vacant WHEREAS, the requirements for the position are, in part, that the applicant be a Master Plumber who is a resident of the City; now, therefore, be it RESOLVED, That Dennis L. Drader be appointed to the position of Plumbing Inspector, at a salary of $25,490, that being Step 10 of the 1987 C.S.E.A. - Administrative Unit Compensation Plan, pending the licensing of Mr. Drader as Master Plumber and pending his becoming a resident of the City of Ithaca. Carried Unanimously Collegetown Street Improvements By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca has entered into construction contracts with McGuire and Bennett, Inc. and New York State Electric and Gas Corporation for the construction of Phase II of the Collegetown Street Improvements project, and WHEREAS, there are insufficient funds in the Capital Project to complete Phase II; now, therefore, be it RESOLVED, That this Common Council approves an additional $45,000 to complete this project, and that funding of this amount shall be provided from C.H.I.P.'s money. Carried Unanimously Subgrant for South Hill Survey By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca has been designated a Certified Local Government by the New York State Office of Parks, Recrea- tion and Historic Preservation, and 23 -23- February 3, 1988 WHEREAS, ten percent (10 %) of funds allocated to the State for preservation activities are made available exclusively to Certified Local Governments on a.competitive basis, and WHEREAS, the Planning and Development Committee has endorsed seeking Certified Local Government program funds to continue the City -wide architectural, historical and cultural resources survey, and WHEREAS, Certified Local Government subgrants can fund up to fifty percent (SO %) of the total project costs and the local government must provide an amount at least equal to the subgrant in the form of cash or in -kind services, and WHEREAS, the Budget and Administration Committee has endorsed seeking Certified Local Government program funds to continue with Phase II of the survey of lower South Hill, and WHEREAS, the total cost of the survey will be $10,703, of which $688 has already been provided in the Planning Department LO 1988 Budget, and WHEREAS, a local match of $5,352 is required; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Director M of Planning and Development to submit a Certified Local Government Subgrant FY '88 application to the New York State Office of Parks, Recreation and Historic Preservation to continue the survey of lower South Hill, and be it further RESOLVED, That the 1988 Adopted Budget be amended as follows: Increase Appropriations $10,015 Increase Revenues $ 5,351 Increase Appropriated Cash (400'e Surplus $ 4,664 Carried Unanimously Subgrant for Cascadilla Boathouse By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the Cite of Ithaca has been designated a Certified Local Government by the New York State Office of Parks, Recrea- tion and c Preservation, and WHIR iAS, rcent (10 %) of funds allocated to the State for prese3 on activities are made available exclusively to Certifies. ,ocal Governments on a competitive basis, and WHEREAS, the Cascadilla Boathouse is recognized as an important historic and architectural resource and has been determined by staff of the New York State Office of Parks, Recreation and Historic Preservation to be potentially eligible for listing on the National Register, and WHEREAS, survival of the Boathouse is seriously threatened by deterioration and National Register listing is required to make it eligible for capital improvement grants such as those made available by the Environmental Quality Bond Act, and WHEREAS, Certified Local Government subgrants can fund up to fifty percent (SO %) of the total project costs and the local government must provide an amount at least equal to the subgrant in the form of cash or in -kind services, and WHEREAS, the Planning and Development Committee and the Budget and Administration Committee have endorsed seeking Certified Local Government program funds to prepare a National Register nomination for the Boathouse, and 24 -24- February 3, 1988 WHEREAS, the total cost of the nomination will be $2,638, of which $344 has already been provided in the Planning Department 1988 Budget, and WHEREAS, a local match of $1,319 is required; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Director of Planning and Development to submit a Certified Local Govern- ment Subgrant FY 188 application to the New York State Office of Parks, Recreation and Historic Preservation to prepare a National Register nomination for the Cascadilla Boathouse, and be it further RESOLVED, That the 1988 Adopted Budget be amended as follows: Increase Appropriations $2,294 Increase Revenues $1,319 Increase Appropriated Cash Surplus $ 975 Carried Unanimously Fire Station Renovations By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the schematic design for renovations to Station #7, Station #9 and Central Fire Station have been completed, and WHEREAS, the estimated cost of such renovations, including design, has been established at $900,000; now, therefore, be it RESOLVED, That a Capital Project be established for the design and reconstruction of Station #7, Station #9 and Central Fire Station, at an amount not to exceed $900,000, inclusive of $25,000 already appropriated in the 1987 Budget from Capital Reserve #25, for the schematic designing thereof. Carried Unanimously New Fire Stations By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the Capital Project for construction of the new fire stations has been established in the 1987 Budget, with an amount not to exceed $50,000 for schematic design; now, therefore, be it RESOLVED, That said project be increased by $1,750,000, to an amount not to exceed $1,800,000, for the final design and construction of two new fire stations. Carried Unanimously Director of Parks and Recreation Report Alderperson Schlather reported that the committee believes that the Parks Commission can handle the over -sight responsibil- ities that were suggested for this particular position. There is a second concern that perhaps the Youth Bureau functions could be expanded with input from the Youth Bureau Board to accommodate some of the concerns raised. Thirdly, perhaps the existing Park Manager, that is already an employee of the Department of Public Works could handle parks aspects in this particular position. The committee is recommending that there be further discussion at the Youth Bureau level and the Board of Public Works level. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Chapter 31 Entitled Regulations" of the City of Ithaca Munici Lift From Table By Alderperson Booth: Seconded by Alderp RESOLVED, That the matter of an ordinance entitled "Subdivision Regulations" of the "Subdivision pal Code °rson Killeen amend.i_ng Chapter 31 City of Ithaca -2S- February 3, 1988 25 Municipal Code be lifted from the table. Carried Unanimously ORDINANCE NO. 88 - AN ORDINANCE OF AMENDING CHAPTER CODEIDIVISION REGULATIONS", BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Chapter 31, entitled "Subdivision Regulations ", 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 LD 1. Urliess otherwise specified by Common Council, the d" Planning Bo:lyd shall be the Lead Agency in all necessary environment:,: review of any proposed subdivision, in accordance Lf) with State Environmental Quality Review regulations and the m City Environmental Quality Review ordinance, as provided under this code. No application for Conditional Approval Q of a subdivision plat shall be considered complete in the absence of aal determination as to the effect of a pro- posed subd .ion 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 All the information information called for in Section 31.24. presented shall be as accurate and up -to -date as possible, and all drawings or other graphic material shall be of a approved by the Planning Board. The Planning kind and quality Board shall ''lien study the preliminary plat and proposed street des: in connection with the topography of the land, -the requirk is of the Zoning Ordinance and of the master plan and th;_ )fficial map in so far as they exist and apply, the needs of the and shall take into consideration general the land to be subdivided. community and the best uses of Particular attention 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. B. Public Notice. 1. By Mail. At least ten (10) days before the first meeting of the Planning Board at which either a determination (60001 of significance of environmental effect of a proposed sub- division, or conditional approval of a proposed subdivision, the subdivider whichever occurs first, is to be considered, shall provide the Board with certification that notice of the proposed action has been mailed to the record owners hundred (200) feet of the parcel(s) of all properties within two be subdivided. Such notice shall be in a form approved to by the Board, briefly stating essential facts about the proposal 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 (� -26- February 3, 1938 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 authroized 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 environment. No approval action will be taken in the absence of such dis- cussion. 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 docu- ments, 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 E to read as follows: "A. Generally. Basic information describing the property to be subdivided, nature and purpose of subdivision, its relationship to aitd 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 fee, at least ten (10) days before the date of any regular meeting of the Board at which the application is to be considered for Conditional Approval." D 2'7 -27- "E. Environmental data. February 3, 1988 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 ", of Section 31.25 is hereby amended to read as follows: fewer than 3 lots $ 2S 3 -10 lots 100 more than 10 lots 100 plus $10 for ea. additional lot over 10 2. Si A fee shall be charged for each such sign obtained 1 Department of Planning and Development for public e of proposed subidivision required in accordance with Section ji.23B2 above, which fee shall reflect the City's cost for the sign. "C. Formal hearings; findings. Before the Planning Board acts on the final plat and related matters, it shall hold a formal hearing thereon, The in accordance with Section 32 of the General City Law. 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 forty -five (4S) days from the Planning Board shall, within date of submission of the formal plat, approve,modify and approve, or disapprove such plat. Such approval shall, however, has complied with LD not be deemed final until the subdivider the provision of Section 31.27, and such requirements as d' are prescribed by the Board of Public Works relative to the LD improvement of new streets and offered the street to the Common Council for dedication." M S. That a new Section to be known and designated as Q 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 be charged and agencies, an initial application fee will according to the following schedule: Subdivision size Fee fewer than 3 lots $ 2S 3 -10 lots 100 more than 10 lots 100 plus $10 for ea. additional lot over 10 2. Si A fee shall be charged for each such sign obtained 1 Department of Planning and Development for public e of proposed subidivision required in accordance with Section ji.23B2 above, which fee shall reflect the City's cost for the sign. 3. Payment 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. Alderperson Booth gave background information on the ordinance. A vote on the resolution resulted as follows: Carried Unanimously Re-zoning of so- called Watts Lot From B -2a to R -2b - Deter- mination of Non - significance By Alderperson Booth: Seconded by Alderperson Killeen WHEREAS, the matter of amending the official zoning map so as to change the "Watt lot" from the current zoning district designations of B -2a to a new zoning district designation by this Common Council, of R -2b is currently under consideration and 28 -28- February 3, 1988 WHEREAS, appropriate environmental review has been conducted, including the preparation of the Short Environmental Assessment Form (SEAF) and the Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 Regulations thereunder, and may be a Type 1 action under the City Environmental Quality Review Act, (E.Q.R. §36.5 (B)(5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment and will promote the development of housing in the Northside area that is consistent with the same and density of the existing residential environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the attached Short Environmental Assessment Form and Long Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency, be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously An Ordinnce Amending the Zoning Map of 'Zoning' of the City of Ithaca Municipa so- called "Watts lot" from B -2a to R -2b Hearing By Alderperson Booth: Seconded by RESOLVED, That Ordinance No. 88 - Amending the Zoning Map of Chapter the City of Ithaca Municipal Code._ lot" from B -2a to R -2b) be and it the Common Council of the City of it further Chapter 30 Entitled 1 Code (Re -zoning - Call for Public Alderperson Schlather entitled An Ordinance 30 entitled 'Zoning' of (re- zoning so- called "Watts hereby is introduced before Ithaca, New York, and be RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Council Chambers, City Hall, at No. 108 East Green Street in the City of Ithaca, New York, on Wednesday, the 2nd day of March, 1988 at 7:30 P.M., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official news- paper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. D -29- February 3, 1988 INTERGOVERNMENTAL RELATIONS COMMITTEE:.h� td) Mayor Gutc erger reported that there "-- been two negotiating meetings I ween the City, the Village of Lansing, and the Town of It ::a and Tompkins County in regard to the Youth Bureau ser, ces. There is nothing concrete to report but hopefully the issue will be resolved at the next meeting. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: East Hill Historic District Alderperson Hoffman reported that the Ithaca Landmarks Preservation Commission has a public hearing scheduled for February 17, 1988 to discuss the expansion of the East Hill Historic District. Executive Session Common Council adjourned into Executive Session at 1:10 A.M. to discuss a personnel matter. ADJOURNMENT: On a motion the meeting adjourned at 1:10 A.M. , ,`vra. Callista F.Paolang i City Clerk r 29 ORDINANCE NO. 88 - 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, New York ", as last amended, is hereby amended and changed so that all that tract or parcel of land within the following descirbed area presently located in the B -2a, Business District is 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 Lo of approximately 325 feet along the west boundary of the d- right -of -way of Lake Avenue to a point on the southeast corner tax parcel number 25 -3 -1, thence southwesterly a distance LOof of approximately 269 feet along the north boundary of the = right -of -way of Adams Street to a point on the southwest m corner of tax parcel number 2S -3 -1, thence northwesterly Q 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. 2. 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. Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE:.h� td) Mayor Gutc erger reported that there "-- been two negotiating meetings I ween the City, the Village of Lansing, and the Town of It ::a and Tompkins County in regard to the Youth Bureau ser, ces. There is nothing concrete to report but hopefully the issue will be resolved at the next meeting. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: East Hill Historic District Alderperson Hoffman reported that the Ithaca Landmarks Preservation Commission has a public hearing scheduled for February 17, 1988 to discuss the expansion of the East Hill Historic District. Executive Session Common Council adjourned into Executive Session at 1:10 A.M. to discuss a personnel matter. ADJOURNMENT: On a motion the meeting adjourned at 1:10 A.M. , ,`vra. Callista F.Paolang i City Clerk r 29