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HomeMy WebLinkAboutMN-CC-1988-03-0231 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:30 P.M. March 2, 1988 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Hoffman, Johnson, Killeen, Lytel, Nichols, Peterson, Romanowski, Schlather OTHERS PRESENT: City Controller - Spano City Attorney - Nash Deputy City Controller - Cafferillo Building Commissioner - Hoard Planning and Development Director - Van Cort Acting Deputy City Clerk - Holcomb Planning and Development Deputy Director - Mazzarella Superintendent of Public Works - Dougherty _Acting Director Youth Bureau - Wilson Board of Public Works Commissioner - Reeves Police Chief - Page Personnel. Administrator - Baker Associate Personnel Administrator - Walker I- Fire Chief - Olmstead LO PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance m to the American flag. Q MOMENT OF SILENCE: Mayor Gutenberger asked all present to observe a moment of silence in remembrance of Kenneth Fauls, father of our City Clerk Callista Paolangeli and Bingo Inspector for the City of Ithaca who passed away on February 29, 1988. APPOINTMENT: Acting Deputy City Clerk By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves the appointment of Connie J. Holcomb as Acting Deputy City Clerk with an annual salary of $17,528, effective February 29, 1988. Carried Unanimously Mayor Gutenberger stated for the record that Connie J. Holcomb has been duly appointed as Acting Deputy City Clerk. MINUTES: Postponement of Approval of Minutes of the February 3, 1988 Common Council Meeting By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the approval of the Minutes of the February 3, 1988 Common Council meeting be postponed until the April 6, 1988 meeting. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending the Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Re- zoning so- called "Watts Lot" from B -2a to R -2b) Resolution to Open Public Hearing By Alderperson Bootn: Seconded by Alderperson Lyte1 (40� RESOLVED, That the Public Hearing to consider an ordinance amending the Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning so- called "Watts Lot" from B -2a to R -2b) be declared open. Carried Unanimously Alderperson Booth gave background information on the ordinance. iL 32 -2- March 2, 1988 Mayor Gutenberger stated that the City Attorney, Common Council and he are in receipt of a protest regarding the re- zoning of the so- called "Watts Lot ". Because of this protest it will require 8 votes of Common Council to re -zone the parcel. Laura Lewis, 509 Willow Avenue, expressed her support for the "Watts Lot" being re -zoned to residential zoning. She thinks the density is too high for the proposed apartments as they will be predominently single bedroom and efficiency apartments. She feels that would have a severe negative impact on the nature of the neighborhood. She urged Common Council to vote in support of the neighborhoods. Marjorie Olds, 214 Lake Avenue, President of Northside /Cascadilla Creek Association, stated that the R -2b zoning designation is needed to protect the neighborhood from over - development in the area. She urged Council to please listen to the neigh- - borhood concerns. Resolution to Close Public Hearing By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the public hearing to consider an ordinance amending the zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning so- called "Watts Lot" from B -2a to R -2b) be declared closed. Carried Unanimously ADDITIONS TO THE AGENDA: Charter and Ordinance Committee Alderperson Booth stated that Item 15.3 should read Farmers' Markets License for 1988 - Legal Considerations: Report and Possible Resolutions. Alderperson Booth requested the addition of Item 15.10 - Environmental Assessment for Simeon's Restaurant License. No Council member objected. Budget and Administration Committee Alderperson Schlather requested that Item 14.7, Approval of Employee Bargaining Unit Contract - City Executive Association, and Item 14.8, Approval of Employee Bargaining Unit Contract - Police Benevolent Association be changed from Possible Resolutions to "Resolutions ". No Council member objected. Planning and Development Committee Alderperson Cummings requested that Item 16.5, INHS Mutual Housing Development Agreement be changed from a Resolution to a Report. Alderperson Nichols objected. The Chair ruled that the item would stay on the agenda as submitted due to the objection. Report of Special Committees and Council Liaisons Alderperson Killeen requested a brief report on the New Fire Stations Committee and a report on the Stewart Park Advisory Group. J_ No Council member objected. New Business Alderperson Killeen requested the addition of a resolution regarding suspension of cable TV rate increases. No Council member objected. -3- March ?, 1988 33 COMMUNICATIONS: Mayor Gutenberger requested that the following letter from Etta Gray, Administrative Unit member, concerning stalled negotiations between the City of Ithaca and CSEA be included in the Minutes: "Mr. Mayor and Alderpersons: The Administrative Unit started its contract negotiations in September. We are very discouraged that the process has been so lengthy and adversarial. We are not enemies! Our unit is a part of one city team! We are all employees! We understand the differences that exist between a contract for us and a contract for the Police and Fire Department Units, but not the gap between us and the Executive Unit. We work side -by -side with these people and on the issues of common ground there should be no major differences. -We understand the concept of negotiating is to give and take, but why should our unit have to be willing to give up something to achieve the same benefits enjoyed by the Executive Unit such as sick leave accumulation and redemption? We have LO seen the process reversed for the Executive Unit in the case of our unit trading and bargaining for the day after Thanksgiving (� as a holiday. When our contract went into effect, with no change in the Executive Unit contract (and it is still unchanged) M they were given the holiday, as a "freebie" with no negotiating. Why isn't it as easy for the Administrative Unit? The Adminis- trative Unit is bound strictly to its contract. From the number of grievances filed by our unit you can judge the number of violations by management of our contract. How many grievances has the Executive Unit had to file? When has management violated their contract? Management stresses the need for competitive salaries to maintain quality executive personnel. We understand this. When new people are brought into our unit we are told that the new people have to be hired at money higher than those (4000'el already on the job in same titles, we are told that this is the marketplace at work and we understand that, too. Why then does management still deny the fact that our salary scales are out of line and refuse to make some fair adjustments? Why did the City pay for an outside study that showed exactly what we already knew to be the situation and then flatly reject implementing any plan that might rectify the problem? What was the point of paying $5,000.00 for the study? We accept the bitter realities of favoritism, croynism and nepotism and will continue to strive for fair treatment and a fair contract but you will have to do your ap rt! Because of my commitment to a second job, I an unable to attend your meeting and I request that my letter be read into the record. Sincerely yours, Etta C. Gray" Town of Ithaca Letter Regarding Youth Bureau Negotiations Mayor Gutenberger referred to a letter from the Town of Ithaca indicating that they are supporting the resolution which was sent to all municipalities. Tompkins County Board of Representatives - Youth Bureau Discussions Mayor Gutenberger has received a letter stating that the County Board has passed a resolution in support of the overall master planning efforts and has pledged themselves to work actively with the City of Ithaca and other entities durint the remainder of this year to facilitate a comprehensive planning effort on the provision of youth services for our community. 34 -4- March 2, 1988 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Centennial Beautification Committee Clean -up Day Harold Gerkin, 116 Mitchell Street, Board of Public Works Commissioner, read the following statement to Council: "Mr. Mayor, ilembers of Common Council and Citizens: I have been appointed Chair of the Centennial Beautification Committee Clean -up Day. This event will take place on Saturday, April 16, from 12 noon to 3 p.m. (rain date April 17). Interestingly, after we had selected our date for clean -up, we learned that the NATIONAL STUDENT CAMPAIGN AGAINST HUNGER had also selected the same date for its HUNGER CLEAN -UP activities. Our committee will determine certain projects for their campaign as well as carrying on our own city -wide beautification clean -up. I have copies of the CAMPAIGN literature which I will hand out. But the success of Ithaca's program will be a measure of our -city's pride! It is crucial that there be participation from each Ward. Therefore, tonight I am asking all Alderpersons to contact their constituents with the message that the Clea:i -up Committee is in immediate need of administrative help in the following areas: publicity, recruiting, phoning, etc. Cornell University is already involved in our City clean -up plans having chosen Cascadilla Gorge from the tennis courts to University Avenue as its project. Service organizations, some athletic teams and other students are enthusiastically signing up. Our City residents should be celebrating with pride this cen- tennial year! Their clean -up efforts, small or large, will add to the evidence of that pride. May we look to you as representatives of your Wards to furnish us with the names of people who would work on this important project? We ask that you turn your findings in to the Centennial Office as early as possible, certainly no later than March 14. Thank you." Florence Hoard, 42 Cornell Street, Chairman of the Beautification Committee of the Centennial, urged Council members to give support to this clean -up effort. Union Contracts for City Workers Dave Livingstone, Pres. of Tomp ins County CSEA and Pres. of the Unit of DPW workers for the City of Ithaca, spoke to Council regarding the stalled contract negotiations. He stated that he represented 130 people in the City and they would like to have some realistic bargaining at the table with the city's negotiators. Mr. Livingstone asked for a moment's silence from the people for our departed co- worker Mick Vanderpool who passed away last week. Dana Morgan, Vice President of the DPW Unit and Chairman of the CSEA Negotiating Team, read the following statement to Council: "We are here once again to speak to you because you have failed to hear our plea. Our Unit began negotiations in October of 1987, and we find that we cannot reach a settlement. There are six specific points at issue for the DPW Unit, namely: 1. Management has attacked our seniority clause. 2. Management has attacked our provisions for working out - of- title. 0 D _S_ March 2, 1988 3. Management has failed to hear our cry for protective clothing for the sanitation and sewer crews. 4. Management has turned a deaf ear to increasing accumulated sick time, thereby making it nearly impossible for a retiring employee to have health insurance. S. Dental insurance is a high priority item for employees, as you are probably already aware by virtue of the question- naire which was given to all city employees late last year. I might add that this questionnaire was - passed. out by your own Personnel Director during the course of negotiations. In the committees' mind, this is just on the verge of bargaining in bad faith. 6. It is long past time that management took a long hard look at the poverty level wage structure that now exists in the CSEA Compensation Plans. Laborers start at $4.75 an hour. After four years of service, -God save us, they are all the way up to $S.S6! This is an increase of .203 cents a year for 4 years of faithful service. During the negotiating sessions, we have shown plans which LO would address each one of these areas that I have just mentioned. %:I' What is neeca, : now is for management to listen. Perhaps LO we should have one of these microphones during negotiations. Z Then maybe, just maybe, you would hear us. M Mr. Mayor, you have publicly gone on record as supporting the Cargill Workers and the U.A.W. at Cornell. We feel it )w time to support your own family, the employees of the City ! thaca." Lou Volpicelli, 110 Franklin Street, addressed the issue of health insurance for retirees. He stated that after 3S years of service with the city, when he retires his health insurance premium will be 102% higher than it was in 1987. For any employee contemplating retirement this is very dis- turbing. The Union is now in negotiations to try to raise sick benefits so that we will have more money to put toward our health insurance premiums. As we all know, the City is trying to take that away from us al.so.` He stated that it is very sad knowing that after 3S years of service with the City of Ithaca, all they do is say, "thanks a lot but go out and get yourself another job." Bill Baker-, 6 !hilbert Hollow Road, Spencer, Vice President of the Admi tive Unit, CSEA, read the following statement to Council: "I have been i:i,.olved in several contract negotiations and the current posture taken by the city representatives in negotiations is very disheartening. I have never seen such a hard -nosed position as is taken this year. Issues of contention in our Unit are in the line with DPW. Seniority - we've had this seniority clause in our contract for many, many years and now all of a sudden the city can't live with it. Out -of -title pay - has been in our contract for many, many years. Dental insurance - is a big issue. It was promised more than 4 years ago in negotiations. Increased sick time allowance for health insurance premiums. Day care - has been a promise by Mr. Gutenberger in his campaign and has also been promised in negotiations 4 years ago. Another contention is the city's constant hiring of people at step 7, 8 or 9 of our salary plan and yet always refusing in negotiations to address this issue of bringing up the whole salary grade for everybody. 35 9- U -6- March 2, 1988 Recently the city completed a Civil Service Reclassification Study, which the city adopted on July 1987. Three job titles were given an average of a 25a increase in their salary scales. What about the other job titles? Study after study has been presented to Common Council and /or Budget and Administration and the constant reply is bring it up in negotiations. It is brought up in negotiations and the city doesn't want to address these issues. Last, but not least, on your agenda there is a resolution for a deferred compensation plan. This action by the city strongly indicates the city putting the cart before the horse. A deferred compensation plan may be a great idea in the future but the .majority of city employees don't have any compensation to defer. I think it is time the city seriously looked at the salary scale of its employees. Thank you." Stuart Douglas, 2133 Mecklenburg Road, Ithaca Transit employee, read the following statement to Council: "The cost of raising a family continues to rise. That is why to some families a two -wage household is a necessity, not a luxury. The cost of day care, however, makes it a economic nightmare for many families. In my own case, we would have had to pay $230 a week for the provision of day care. I'm sure than many very qualified people are being forced out of the work force by these prohibitive costs. Mr. Mayor, may I remind you that day care was an election issue and it is time for concrete action. Cornell Transit drivers start at $6.69 per hour, Ithaca Transit drivers start at $5.93 per hour. Gov. Cuomo is talking of increasing the minimum wage from $3.35 to $3.75 an hour. Inflation is currently running at 420. The City at the very least should be offering wages which help to maintain some resemblance of a decent standard of living. Mr. Mayor, your administration has always appeared to be pro- labor; when you supported the Cargill Workers in their struggle and more recently Cornell. The time has come for the city to stand beside their own workers and be supportive of its own people's needs. Thank you." Ithaca Farmers' Market George Dentes, 417 N. Cayuga Street, Attorney, addressed the Council on behalf of the merchants in the West End con- cerning the question on whether- the city may legally issue a permit to the Market to continue its activities on the Taughannock Boulevard site this year. In his opinion, the Farmers' Market is not a public, outdoor recreational use of that land. He referred to .congressional legislation regarding park land use. He stated it is perfectly apparent from the legislative history the Congress was intending to promote traditional kinds of outdoor uses; hiking, boating, fishing. Far was it from their minds to promote shopping. Indeed, it was precisely because of urban development and the erection of urban shopping malls that this kind of legis- lation was enacted to counter the trend in urbanization of our lands. He reported he has reviewed the project agreement by which the city agreed to comply with these laws and by which the city was given a quarter of a million dollars to acquire these lands and it appears to him that should the city issue this permit and violate this agreement, the city would be obligated to pay back that quarter million dollars to the federal government. For all these reasons, he asked Council to listen to the merchants, to be reasonable, to follow the law and to resist the tyranny of the majority which we see here in a different light. He asked Council to deny the permit to the Farmers' Market this year. D -7- March 2, 1988 37 City Union Contracts Arthur Santora, 212 Esty Street, read the following statement to Council: "By the group here tonight and the agenda it says its going to be a long evening. There have been others before this, complete with pizza breaks, but about 12 or 1:30 the joke has got to wear thin. 'Let me tell you about others in this city who work just as you are now A short way from here is the City Police Head- quarters with the evening shift on patrol and in another direction is the Fire Department with its men ready to respond., At the DPW Streets and Facilities Garage are the night shift (000, mechanics working on our buses, construction equipment and fire trucks. At the Water Treatment Plant our operators are making sure that nothing goes astray. The shifts will change at 11 and then again at 7 and at 8:30 City Hall, GIAC, and the Youth Bureau start another day. Until tonight Police -and Fire, DPW and Administrative Units and the city's mid - managers have all been working without contracts. We are asking that you exercise your responsibilities as (f) elected mani+ m nt to provide a positive climate for the Iq negotiations, ar stalled so that all the contracts may LO be agreed upon,. To paraphrase one of our local employers we are asking for M meaningful contracts, containing meaningful wages and conditions for meaningful work. You sit he:- to legislate and provide a city to live in that is an )erience not to be regretted but one to be remem- bered. Lets also make working for the City of Ithaca an experience to be remembered as well. Thank you." Qooll Mayor Gutenberger thanked Art Santora publicly for his years of service to the City of Ithaca. Mr. Santora retired on February 26th. Ithaca Farmers' Market Anna Steinkraus, President of IFM, stated to Council that on February 18th, some city representatives, some Market representatives, and some West End merchants met through the Commun:1... dispute Resolution Center. The discussion was on the + +is that the merchants felt surrounded the Market bein, there and ways to deal with them. They will continua --.ting and working together to alleviate these problems. There will be evaluation as the season goes on, to make improvements as there is need. All in all, it was collectively felt that it was a productive meeting. Ms. Steinkraus referred to two letters that were passed out to Council. First was a letter from Assemblyman Sam MacNeil in support of the Ithaca Farmers' Market and pointing out that he is confident that the Market would be getting a permit to operate this year at Taughannock Boulevard. Second, was a letter from Commissioner Donald Butcher of NYS Ag $ Markets to Commissioner Orin Lehman of NYS Offices of Parks, Recreation and Historic Preservation. She read the following excerpt from Commissioner Butcher; "State support for community Farmers" Markets is an important element in Gov. Cuomo's 1988 1'egislative and administrative initiatives for New York State agriculture, adopted pursuant to his State of the State message, to assist farmers through 'net farm income enhancement'. Our Department's Direct Marketing Program has worked closely with the Ithaca Farmers' Market Association and the City of Ithaca in support of the Market over the years. 38 -8- March 2, 1988 I hope you can assist in ensuring that the Ithaca Farmers' Market, which provides an essential direct marking outlet to over ISO small -scale agricultural producers in the Southern Tier area, can continue to operate in 1988 starting at the beginning of the local harvest season in April. Opening in April is of vital concern for those farmers with early crops." Ms. Steinkraus read the following excerpt from her cover letter that was included in a packet that was presented to all Council members, the Mayor and the City Attorney regarding the Ithaca Farmers' Market and the recreational use of the Inlet Island site: "The Ithaca Farmers' Market has shown steady growth and in general been so successful primarily because of the social and recreational values attached to this Market. The Saturdav Market is a social event in Ithaca. Political candidates - canvass the Market, musical preformances by local, not professional musicians are frequent and variety in style is solicited by the Market. Performances are also given by Morris dancers, mime artists and others, and demonstrations by artists are often viewed and enjoyed by many patrons. The Market is an event that truly provides a social and recreational oppor- tunity with the great ability to provide a sense of community, where there can be a meaningful link established between farmer and consumer. Our Market is an oasis of vitality where producers and buyers can meet in a truly democratic free market setting. The Market has carefully fostered an environment that is conducive to social and recreational activities and fills a unique role in this Finger Lakes region. Our Market exemplifies the type of public market which has endured for millenia throughout the world and is still an inherent part of most cultures with the ability to preserve and enhance the significant, social, economical and cultural activities associated with this form of retail trading. The environmental assessment form was accepted by Common Council on February 3, 1988. The assessment was partially supportive of the Market, specifically in Part 3, (filled out by the lead agency, which was the Charter and Ordinance Committee of Council), 'the Market's operation serves a number of the city's needs and its discontinuance in 1988 would constitute a unique and significant loss to the city's well- being' and furthermore, that 'in understanding the nature and importance of the complaints about the Market's continued use of this site in 1988, it is also important to note that there is a good deal of controversy in Ithaca about the possibility that the Market will not be at the Inlet Island site this year. Many people in Ithaca and surrounding communities see the Market at this site as significant cultural, social and recreational opportunity for them. They do not see the Market primarily as a business, and they are willing to put up with the traffic, parking, and business access inconveniences that the Market has in fact_ generated in the past. These people would strongly object to discontinuing the Market at the Inlet Island site in 1988'. In conclusion, we believe that the social activities and spirit embodied by the Ithaca Farmers' Market does exemplify 'pubic outdoor recreation'." Ms. Steinkraus further stated that the Ithaca Farmers' Market does need a decision of the Common Council on this matter tonight. -9- March 2, 1988 Peter DeGraff, 43S Old Taughannock Boulevard, spoke to Council regarding the Ithaca Farmers' Market. He stated that the West End merchants are not asking the Market to close down, simply to move someplace where it does not conflict with neighboring businesses. City Employee Union Contracts Edie Rohrer, 746 Enfield Falls Road, Newfield, read the following statement to Council: "The issue of the unfairness of wages is what I'm talking about tonight. Some contracts have been settled at S.So which is good if you're making $30- 50,000 a year, but we aren't making that. Our food, fuel and elerctic bills don't go down just because we aren't making what you are. We pay the same amount as you people do. For those of us who live outside of Ithaca, we usually have to fill our gas tanks twice; those in Ithaca usually have to fill theirs once a week; that's a lot of gas. I haven't found a section of town yet that says come to our place to shop because you are only making $12,000 and we n have a cut !-ices for you. If there is a place here in . � this town, st,. of you people tell me because I would go and I'm sure some others would too. You are probably going to say to me, 'why do you have to m live outside of Ithaca ?' But with the salaries the blue Q collared workers make here in Ithaca, I could never afford to have my i ,Wily live in Ithaca. Wages are jut too unfair. If it weren't for the low paid workers there would be no work for the high paid people. I feel that if any of you had followed any of us for a week, you would understand why we feel the way we do. Come on, folks. Lets give us a fair shake. Loll Thank you." Ithaca Farmers' Market Charles Guttman, 328 S. Geneva Street, Attorney, spoke to Council on the matter of the Ithaca Farmers' Market. He stated that he would like to clear up any possible mistaken impression that the NYS Department of Parks and Recreation has or is in the process of determining that the Farmers' Market use of this land is improper. NYS Departm. f Parks and Recreation has received a request from the ci: determine whether this use is proper and have decided it there are arguments on both sides of the issue and have determined not to make a decision, rather to pass that issue onto the Department of the Interior in Philadelphia. He stated that he spoke with Pat Thatcher of the Counsel's Office of Parks and Recreation and was told that a decision could be made that the Farmers' use is proper, a decision could eventually be made that Farmers' Market use of that land is a conversion and it also could be made that the city's failure to encourage recreational use is an abandonment of the recreation use and therefore is a conversion of the land. All that is certain at this point is that Parks and Recreation Qm0e, is not now making a determination of this and has passed the issue onto the Department of the Interior. We have been informally advised that they expect that decision from the Department of the Interior to take between six months and one year. Mr. Guttman stated that he thinks what that does is put the issue back where it belongs; in Common Council. It is his opinion that the question of whether the Farmers' Market use 3.1 FA 40 -10- March 2, 1985 of this land is proper or not is not a Question of law, but is a Question of fact. Atty. Guttman Quoted from material in a letter from the Commissioner of Ag $ Markets. He further stated he is hopeful that Council will make a determination that this use is proper. The Question is whether the Ithaca Farmers' Market at that site is a recreational use, which he believes it is. No one can make that determination better than Council because Council is charged by their office with providing for the City of Ithaca, and being aware of what actually takes place in our city. He believes that the populis of the City of Ithaca treats this Farmers' Market as more than just a place to shop, it's more than a commercial atmosphere. He believes that it is very clear that the Farmers' Market provides to the citizens of the City of Ithaca a weekly social, recreational event. He urged Council to approve the license for the Farmers' Market. He would urge Council to do one thing more, and that is to make a specific finding of the fact based on their knowledge of what takes place in the city and based on their position as elected officials of the City of Ithaca that it is an outdoor public recreational use. City Employee Union Contracts James Moore, President of Central Region Civil Service Employees Association, addressed the Council on the city employees union contracts. He stated that the demands in this contract relate to increases in the salary structure to be added to the salary structure, not token amounts that are passed out to civil servants without adding to their future. He further stated that government is service and you have to pay the people that provide the service. Parks Commissions and Farmers' Market David Ruether, 1191 East Shore Drive, spoke to Council on the issue of a Parks Commission. He asked Council to consider the idea of having two commissions. The reason for that is perhaps we can reorganize the beauracracy a little bit, and pull some other Boards and Commissions into these two and straighten it out so that we have three; one, Public Works, which takes care of the roads and public services and facilities, the second one would be Parks and Recreation as proposed, and a third one which would deal with issues of natural areas and resources. Mr. Ruether also spoke on the issue of the Farmers' Market. He supports the Inlet Island site for the Ithaca Farmers' Market. He urged Council to give the Market the one -year revocable lease for the site on Taughannock Boulevard. Alderperson Nichols stated that consider for future meetings an to respond to the public. he would like Council to opportunity for Council members Mayor Gutenberger suggested that perhaps it could become a part of the agenda. He agreed to look into the matter. Alderperson Booth asked if the Council could meet after the regular meeting for an update on union contract negotiations. Budget and Administration Committee Chairperson Schlather agreed. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported on the following items: Shade Tree Committee - A shade tree survey was presented to the Committee of the Whole by Nina Bossack. The results of the data base survey are very impressive. -11- March 2, 1988 Hudson Street Parking - A request was presented to the Board for 24 -hour parking on the 200 and 300 blocks of Hudson Street. After much deliberation, the Board voted against 24 -hour parking, because it turns out to be a 36S day a year parking lot as opposed to 24 -hour parking. The conclusion of the Board was to grant parking all the time except between the hours of 9 a.m. and Noon. This will be on a 90 -day trial basis. Water Treatment Plant Improvements - A resolution was passed at the February 24, 1988 BPW meeting for a request to establish a capital project for the Water Treatment Plant improvements. City Engineer Gray has passed out proposals. Spring Clean -up Week - The week of April 25th has been designated as Sping Clean -up Week. Cliff Street Neighborhood Meeting - There was a neighborhood _meeting held on February 23rd with the Cliff Street residents, members of the Board, Staff and Alderpersons Schlather and Romanowski. The plans for the reconstruction of Cliff Street this summer were gone over in detail. There will be another meeting on March 22nd. Recycling Incentive Award - The recycling incentive award Lo was won last week in the amount of $750.00. More publicity = is needed on recycling. m Parks Advisory Board - The Department of Public Works has Q made a recomm ndation to the Board of Public Works in regards to the form_; l of a Parks Advisory Board. The Board of Public Work: reviewing this recommendation in detail. She urged that .,ommon Council not make any final decisions until the Board of Public Works can come before the Council and make their recommendations. COMMUNICATIONS FROM THE MAYOR: 100th Birthday of the it of Ithaca Mayor Gutenberger stated that June 1 is the 100th Birthday of the City of Ithaca. He requested that the Common Council we meeting for June be held on June 8, 1988. Resolution By Alderperson Nichols: Seconded by Alderperson Johnson RESOLVED, That the regular June meeting of the Common Council be held on June 8, 1988. Carried Unanimously MAYOR'S APPt. 'vTS : Conservatioi: ;ory Council Mayor Gutenber�`r requested approval of Council for the appoint- ment of Gary Braun, 20S Linden Avenue, to the Conservation Advisory Council for a term to expire December 31, 1989. (Youth member) 41 Resolution By Alderperson Nichols: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of Gary Braun to the Conservation Advisory Council for a term to expire December 31, 1989. Carried Unanimously CITY ATTORNEY'S REPORT (4000e Environmental Review Procedure City Attorney Nash stated that he has distributed a memo on general procedures for environmental review. It seems that we are all in accord on the general procedures and we will proceed in that fashion. He stated that he has also distributed a memo on the Farmers' Market and a copy of a memo that he has prepared on the legal status of the Festival land. iL 42 -12- March 2, 1988 Watts Lot Protest City Attorney Nash stated that the City Clerk has received papers in a legal proceeding challenging the ruling on the Watts Lot on the necessity for the three quarters vote of Council to re -zone that area at its January meeting. That proceeding is scheduled for Court on April 6, 1988. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending the Zoning Map of Chapter 30.Entitled 'Zoning' of the City of Ithaca Municipal Code (Re- zoning so- called Watts Lot) By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the present zoning regulations covering the Watts Lot in the city's Northside have been extensively evaluated by the Planning and Development Board and Common Council, and WHEREAS, rezoning of the Watts Lot is necessary in order to - enhance neighborhood stability and protect against the possibility of inappropriate residential and commercial development; now, therefore, be it RESOLVED, That Common Council hereby approves and adopts the following zoning changes of the Watts lot from B -2a to R -2b, and be it further RESOLVED, That the City Clerk be and she is hereby directed to change the Official Zoning Map, to publish notice of these zoning changes and to notify other agencies as may be required. 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 described 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 northesterly a distance of approxi- mately 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 325 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. 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 Cnarter. 19 D -13- March 2, 1988 Alderperson Booth gave background information on the resolution. Discussion followed on the floor. Alderperson Booth urged Council to support this resolution. He stated that we have a major piece of land which is possibly open for a variety of uses that are not consistent with the neighborhood that is there and this re- zoning would put the area in a classification that would allow a reasonable use and should plans develop in the future that are compatible with the neighborhood the zoning could then be re -done, if that is desirable and necessary. Alderperson Schlather spoke in favor of the zoning proposal. He stated that the way to preserve the existing density of this neighborhood is to re -zone to a zoning classification that is consistent with that density. B -2b is not consistent _ with that density and he would urge everyone to support this resolution. He thinks the Council would be doing a disservice, not only to the residents of that area, but also to the general plan development for the Northside and hence the city itself LO if Council votes against it. d Alderperson lleen stated that the Planning Board addressed LO this issue and voted 4 to 2 in support of this resolution. = He stated that the residents in that area have asked Council M to take a positive step in this re- zoning motion, and he Q will vote in that regard. Alderperson stated that she feels that R -2b zoning will not ass.__.. the city in solving some of the real housing and neighborhood problems that the Council has before them. It is imperative that we encourage some sort of alternate housing forms which allows economies of development to create affordable housing. She further stated one of the most important components of her support of this project is the belief that there will be incorporated in this project a significant percentage of the low - market units available to those who cannot afford to pay the cost of housing in our community. She would also like to see no more than 120 people on the site and that is less that R -2b permits. Alderperson Romanowski stated that he is not convinced that going to an R -2b zoning at this point is a prudent and wise thing to do. Alderperson )ls stated that it seems to him that the argument for )tiations are not convincing. We have nothing to negotiate. if the parcel is still maintained as a B -2a, all we are relying on is the good faith of the developer, who could come in at any time and build a development that would house 300 people and we could not at that time re -zone it. Changing the zoning to R -2b is the only way of preserving our right to negotiate. He does not believe changing the zoning to conditional zoning is spot zoning. Alderperson Lytel stated that he is concerned with the scale and the density of the project. He would like to see a second draft of this plan that is more consonant with the existing character of the neighborhood. He stated that more housing is absolutely essential in this community as there are too many people who cannot afford to purchase a home. He explained that he was going to move to table the resolution so that we can hold off re- zoning as long as we are continuing to maintain a good faith bargaining position and a good relation- ship with the developer. He believes progress is being made. fie further stated that if good faith bargaining does not continue he would support the Council coming back into session and he would at that time vote in favor of re- zoning. 4;3 44 -14- March 2, 1988 Tabling Resolution By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That the matter of the ordinance to consi6 r an amendment to the Zoning Map of Chapter 30 entitled 'coning' of the City of Ithaca Municipal Code (re- zoning of so- called Watts Lot) be tabled. Carried Unanimously Farmers' Market License for 1988 - Legal Considerations Alderperson Booth reported that several months ago Common Council asked the Charter and Ordinance Committee to do two things regarding the Farmers' Market. One was to over -see and complete an Environmental Assessment which was completed and brought to Council last month. Council voted in favor of that Environmental Assessment which resulted in a negative declaration. Secondly, Council asked the Committee to look at legal cosiderations surrounding the Market's use and more particularly involving the question of whether this use was - lawful use of park land. This was discussed in detail at the Committee meeting and the Committee was aware that the City Attorney asked for an opinion from the State of New York and the U.S. Department of the Interior regarding this use. At the Committee's last meeting City Attorney Nash informed Alderperson Booth that a letter was on its way from the NYS Office of Parks, Recreation and Historic Preservation that contained a conclusion that the Farmers' Market use was not a lawful use of the property. Therefore, because that letter was not in Ithaca and has not subsequently arrived the Committee decided not to take any action on legal considerations but to wait for that letter. Alderperson Booth handed out a proposed resolution dealing with legal considerations. Resolution By Alderperson Booth Seconded by Alderperson Johnson WHEREAS, Common Council has considered the question of whether the Farmers' Market may lawfully operate at the Inlet Island site during 1988 under a one year revoaable license issued by the City, and WHEREAS, this legal question raises issues under applicable state and federal laws, and WHEREAS, the City has requested an official determination on this legal question from the New York State Office of Parks, Recreation, and Historic Preservation and from the U.S. Department of the Interior, and WHEREAS, the City has not received any determination on this legal question from state or federal officials, and WHEREAS, Common Council recognizes that ultimate resolution of this legal question is unclear, and WHEREAS, the Farmers' Market has operated for a number of years at this site without a resolution of this legal question, and WHEREAS, a decision by Common Council to allow the Farmers' Market to utilize this site under a one year revocable license in 1988 would not commit the City to any decision about the use of this site in future years and would not expose the City to any greater legal liability than that which the City has borne in past years because of the Farmers' Market's operation at this site, and 0 LD Iq LD _ m Q -15- March 2, 1988 WHEREAS, the Common Council recognizes that many persons visit the Farmers' Market during its hours of operation because they enjoy the outdoor, free - flowing, cultural, recreational, casual, and social aspects of this activity; now, therefore, be it RESOLVED, That the Common Council determines that in its opinion the Farmers' Market constitutes a public outdoor recreational use of the Inlet Island site, and be it further RESOLVED, That the Common Council determines that in its opinion the Farmers' Market use of this site in 1988 under a one -year revocable license from the City would constitute a proper and lawful use of this site, and be it further RESOLVED, That the Common Council hereby determines that this resolution constitutes a completion of the legal review contemplated by Council's resolution of December 2, 1987 -on this matter. Alderperson Schlather referred to a confidential memo from City Attorney Nash which addresses some of the legal aspects of this application. He stated that what is very clear is that the pru,..,nt course at this time is to secure approval from the National Park Service Regional Director before any license for this type of use of the property is granted, temporary or not. Alderperson Schlather further stated that what in increasingly clear is th.: there is some jeopardy that attaches if the city proceed. in the issuance of a license, even though it is temporary, in the face of these types of concerns. He respectfully suggested that after this resolution is acted upon, if it is defeated, he will be offering a resolution which will in effect suggest that we secure prior approval from the National Parks Service Regional Director before we proceed. 45 Alderperson Lytel Asked City Attorney Nash if the first "Resolved" is necessary to the passage of this resolution. City Attorney Nash responded that if Council is going to authorize a license for the Farmers' Market for this year, it's going to have to make the determination that it is con- sistent with its current grant requirements of the Federal law. It se( '. to him that having the first resolved clause, which inclu. letermination that this does in the opinion of Council, �tute a public outdoor recreational use, would be a gou_ and proper thing to have in the resolution. Alderperson Killeen asked City Attorney Nash if the Council affirms the determination, in what way, if at all, does it affect our alienation procedure that is already underway. City Attorney Nash responded that the city procedure currently underway to lift those outdoor recreational use restrictions on the property and until that alienation process is completed, those restrictions continue to apply to the property. What we are basically saying here is that this use is consistent with those restrictions. He does not think that using the property for outdoor recreational purposes this year does anything to jeopardize possible alienation next year. It is assumed that its been used and will continue to be used until alienation is completed consistent with the regulations. Alderperson Cummings stated that she supports the Market primarily for its economic activities. She asked Alderperson Booth if on the first resolved, is he concerned that it defines the Market exclusively as a public recreational use. She ffi -16- March 2 1933 40' ' further stated there will be times in the future when Council will wish to prove that this is not primarily an entertainment but primarily a business. Alderperson Booth responded that he doesn't think there is a problem. The whole context of this question has to do with language that is in a federal statute. Alderperson Romanowski stated that the Market has moved from quite a few laces over the past few q P p years. It has only been at the Inlet Island site for the past 10 years. Each of the sites the Market has had prospered and grown. He thinks the ambiance and the operation of the Market is not due to its location. He also thinks the Market is primarily a business operation. He stated that if Council flies in the face of prudent legal considerations by our own City Attorney, that we leave the City of Ithaca open to liability. For these reasons, in his opinion, he thinks the prudent thing is not to offer a temporary permit there. He stated he doesn't think it's fair to have the Market put as much money in as they want to and the city might have a determination that can't go in there. Alderperson Nichols stated that on the question of timing it is quite clear that making a request for a legal determination and getting a firm answer would defer the beginning of the Market to such a late time that the license would no longer be useful, so the Council has to decide now. Alderperson Nichols stated further that, in his opinion, if the city has assumed some liability it's because over the years we have not made this determination and in making it now in a sense we are protecting ourselves from being accused of taking an action that we have been following for 13 years. He also stated that to his knowledge the only outdoor recreation that has taken place on that site in the last 13 years has been the Farmers' Market. He further stated many people have spoken out and said that in their view they also believe the ]Market is recreational. Alderperson Schlather stated that the site is used for park functions. He mentioned outdoor activities such as jogging, walking, canoeing, etc. It may be a passive park but it is used for park -like activities by individuals throughout the community. He stated that it behooves the Council to listen carefully to the words of our City Attorney and remember that when this issue came to Council back in November and December, when we passed a resolution calling for a legal review, it was very clear that there were two issues that the city was concerned with. One was the legality of the continued use of this operation on this site. The other was if it were legal, then what would be the terms of the license and does Council wish to issue a license. Council agreed, at that time, to consider both issues simultaneously in the interest of time. By doing so we certainly did not intend that we were going to belittle either issue in terms of its importance and significance in this decision - making process. The problem is that the city is at the point where it has been determined within the best research available to us that the more prudent course is for the city to await approval of the National Parks Service Regional Director. Alderperson Schlather further stated that the city should deny this license and get the approval if it's available and then deal with this issue in the future. -17- March 2, 1988 47 Alderperson Hoffman commented that there has been a lot of discussion because of this issue about the need for the city to act in a way that is consistent and even - handed. He is bothered by the claim that the city cannot now allow the Farmers' Market to operate this summer but we are not at the same time examining the activities that are taking place on other portions of lands that were acquired in the same way. He believes that we must either suspend all activities that are non - recreational or we should allow the status -quo to continue until we get a clear -cut legal ruling. To simply ignore other uses that are going on is not fair. Alderperson Hoffman further stated that the City Attorney (wool did not make a decision as to whether this was a recreational use or not. The memo simply states the best way to avoid litigation is probably not to grant a license, but in Alderperson Hoffman's opinion, that is not a clear -cut or definitive _ruling on the underlying issue. Mayor Gutenberger stated that he wished to clarify for the record that in the case of the Strand Theatre, Family Medicine LO Building and the ARC grant for the Industrial Park the Federal d- government demanded that the city repay funds, even though the city had signed contracts and agreements signed by the LD Federal government to allow us to do what was done. He wished = Council to be aware of this before a decision is made. M Further discussion followed on the floor. Q Motion to Call the Question By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED, That the Mayor is directed to call the question on the issue of the Farmers' Market License for 1988. Ayes (8) - Cummings, Lytel, Booth, Hoffman, Peterson, Killeen, Nichols, Johnson Nays (2) - Schlather, Romanowski Carried A vote on the resolution resulted as follows: Ayes (8) - Cummings, Lytel, Booth, Hoffman, Peterson, Killeen, Nichols, Johnson Nays (2) - Schlather, Romanowski Carried PLANNING Ai LOPMENT COMMITTEE: Ithaca Farn,. Market Lease By Alderperson i:iimmings: Seconded by Alderperson Hoffman WHEREAS, the Ithaca Farmers' Market has made application for a license to use the city -owned land on the so- called Inlet Island in 1988, which use is more fully described in the Environmental Assessment adopted by Common Council on February 3, 1988, and WHEREAS, the Ithaca Farmers' Market wishes to use said land for the purpose of selling farm produce and home - manufactured items which are made or grown by members of the Ithaca Farmers' Market within a thirty (30) miles radius of Ithaca, and WHEREAS, the Ithaca Farmers' Market has submitted a proposal (4000� for a new structure, increased parking spaces, and improved traffic pattern, and WHEREAS, the Common Council has made the determination that the proposed action will not have a significant effect on the environment provided the conditions stated in the Environ- mental Assessment forms are fulfilled; now, therefore, be it a. 48 March 2, 1988 RESOLVED, That this Common Council approves the granting of a Revocable License to the Ithaca Farmers' Market for use of the proposed site subject to the following conditions: 1. The Ithaca Farmers' Market may operate on any Saturday between April 1, 1988 and December 31, 1988. The Market may use the site for additional days for the purpose of site improvement and construction. 2. The fee for use of the site will be based on the formula used for all such licenses. The Market will be charged for each Satuday between April 1 and December 31 and for each day used for construction purposes. 3. The Market shall provide for one -way vehicle traffic into the northern end of the site and one -way vehicle traffic exiting the southern end of the site, with corresponding one -way internal traffic circulation within the site. Any modification of this traffic pattern shall be subject to the approval of the Department of Public Works. 4. The new structure and parking area shall be in place by June 1, 1988. S. The Market shall obtain a Building Permit for the structure and parking area. Such permit will insure that the Market site, including the parking area, shall be accessible by emergency vehicles. 6. The new Market structure shall be no longer than the existing structure. 7. Subject to the approval of the Department of Public Works the Market shall post signage to advise traffic on Buffalo Street of the location of on -site Market parking. 8. By May 28, 1988, the Market shall provide running water for washing hands and toilet facilities on the Market site. The Market shall post appropriate signage advising customers of the location of these facilities. 9. Unless appropriate modifications are approved by the Department of Public Works, the Market shall provide a dumpster on the site and shall also provide trash barrels for public use at the south end, middle and north end of the Market structure. 10. The Ithaca Farmers' Market agrees to assume any and all liability which may arise as a result of said use, and to hold the city harmless and defend against any actions brought against the city arising from, or as a result of, said use. The Ithaca Farmers' Markets also agrees to obtain and keep in force a liability insurance policy for the benefit of the City of Ithaca in a form and amount satisfactory to the City Attorney and to deliver same to the City of Ithaca before use of said premises. 11. If an emergency shall arise or if the City of Ithaca shall require immediate complete possession of the premises for any municipal, state and /or federal project, then this agree- ment may be terminated on fifteen (15) days' notice. Upon such termination the City shall return to the Ithaca Farmers' Market the pro -rated fraction of the annual fcc. i2. The Ithaca Farmers -' Market agrees to keep the area clean and to specifically remove any refuse or trash lying about after each sale day. The Ithaca Farmers' Market further agrees to keep the area to be used in a safe condition for the said uses, and be it further RESOLVED, That the Department of Planning and Development will approve a plan and procedure for the monitoring of traffic and parking conditions on or near the site during the days of Market operation, and be it further Z_. -19- March 2, 1988 RESOLVED, That the site will be available for public use during those days when the Market is not operating. Any other license granted by the city for the use of the site will contain a provision holding harmless the Ithaca Farmers' Market. Alderperson Cummings referred questions on the resolution to Alderperson Nichols who served as Chairperson on the ad -hoc negotiating committee. Discussion followed on the floor. (Woo" Alderperson Nichols explained the method for charging for use of City land. Further discussion followed on the fee schedule set by the City for use of City land. Alderperson Schlather proposed the following resolution: Resolution In By Alderperson Schlather: Seconded by Alderperson Romanowski I- RESOLVED, That the Market be charged a fee of $7,519.19 for LO the 1988 season. Discussion followed on the floor regarding fee schedules m charged to other users of City lands. Q Motion to Ca! she Question By Alderper:�. ,ichols: Seconded by Alderperson Cummings RESOLVED, That the Mayor is directed to call the question on charging the Ithaca Farmers' Market a fee for $7,519.19 for the 1988 season. Carried Unanimously A vote on the resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Lytel, Cummings Nays (6) - Booth, Johnson, Hoffman, Peterson, Nichols, Killeen Motion Defeated Further discussion followed on the floor on the Farmers'. Market lease for 1988 with particular regard to traffic control in the West End. Police Chief Page responded to questions from Council Alderperson her asked the Council to consider the.following amending resciuLion. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That No. 11 of the conditions of the agreement would read as follows: Upon written notice and demand therefor, the city may terminate and revoke this license at any time. Upon such termination the city shall return to the Ithaca Farmers' Market the pro -rated fraction of the annual fee. 49 Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Booth, Lytel, Hoffman, Nichols, Peterson, Cummings, Killeen, Johnson Nays (2) - Schlather, Romanowski Carried iL 50 -20- March 2, 1988 Recess Common Council recessed at 10:40 p.m. and reconvened in regular session at 10:50 p.m. HUMAN SERVICES COMMITTEE: Criteria for Funding: Human Services Agencies By Al erperson Peterson: Seconded by Alderperson Lytel WHEREAS, the City of Ithaca will consider appropriating a portion of its 1989 general operating funds for support of local human service agencies, and WHEREAS, the Human Services Coalition is funded in part by the City of Ithaca to provide an objective overview of human service needs and provision, and to evaluate requests for City support; now, therefore, be it RESOLVED, That all 1989 requests for city funding from private agencies seeking to provide non- mandated human services shall "be submitted to the Human Services Coalition for review and by their time deadlines, and be it further RESOLVED, That the Coalition shall report its findings to the Human Services Committee of Common Council by August 1S, 1988, and be it further RESOLVED, That the following criteria shall be used by the Coalition in its review of requests: A -1. The application shall be received by the Human Services Coalition by Friday, May 29, 1988 and the applicant must complete the Human Services Coaltion review process in a timely manner. A -2. An application may be reviewed either through the Human Services Coalition review for human services proposals, or through the process review for other types of proposals, but not both. A -3. The applicant must also request funding from the County and /or appropriate town(s) if more than S% of those served by the proposal are not city residents. A -4. Applicant must submit the following materials: budgets for 1988 and 1989, financial reports for 1986 and 1987, and enumeration of other funding sources. A -5. If the applicant received city funds in 1988, the applicant shall have demonstrated that they performed effectively under the contract. B. The Coalition shall award points for the degree to which the proposal meets the following criteria, on a scale of 1 to 5, 5 being the most desirable rating, for each criterion; if applicant does not supply sufficient information for Coalition to make a judgment, the proposal receives zero points in each such case. B -1. Proposal will serve city residents in proportion to city funding requested compared to total program budget. B -2. The proposal will serve an identified need which does not duplicate another service, with higher points allocated in proportion to the severity of the problem in the city. B -3. Points will be allocated in proportion to the severity of the effect on or demand for services from city departments and /or other human service providers if this proposal is not funded by the city. B -4. The proposal is designed to effectively meet the needs of its clients; proposal includes measurable objectives. Z' A- LO Nq L0 m Q -21- March 2, 1988 B -S. The agency has been effective in securing and managing needed fiscal resources, e.g., developed internal controls, sought other funds, invested reserves.... B -6. Population to be served by proposal can be shown to be a population in financial need (i.e. federal poverty guidelines). B -7. Agency has thoroughly sought other sources of funding. B -8. Agency has demonstrated extreme financial need for - itself due to increased case load or loss of funding or extreme financial need on the part of the clients it serves - up to 3 points, and be it further RESOLVED, That the Human Services Coalition shall review all proposals that meet criteria A -1 through A -4, shall _recommend whether each request should be fully or partially funded, and shall consider both new and previously funded agencies, and shall inform the applicant of the Coalition's recommendation and make a copy of such report available to the applicant. Discussion followed on the floor. Amending Resolution By Alderperson Lytel: Seconded by Alderperson Killeen RESOLVED, That there be a B -9 added to read as follows: Smaller amount requests to be favored under the point system as follows: $2000 or less = S 6001 - 8000 = 2 2001 to 4000 = 4 8001 - 10,000 = 1 4001 to 6000 = 3 over 10,000 = 0 Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes (S) - Hoffman, Cummings, Lytel, Romanowski, Schlather Nays (S) - Peterson, Booth, Johnson, Nichols, Killeen Mayor Gutenberger voted Nay, breaking the tie. Motion Defeated Amending Resolution By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, Thri `'._ire be a B -9 added to read as follows: That the requ or City funding is less that- half of that requested for ity funding. Gl Discussion followed on the floor on the amendment. A vote on the Amendment resulted as follows: Ayes (7) - Hoffman, Nichols, Booth, Schlather, Romanowski, Lytel, Johnson Nays (3) - Peterson, Cummings, Killeen Carried 51 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Funding Guidelines By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, the City of Ithaca recognizes its commitment to supporting human services delivery for its citizens, and WHEREAS, an indication of the financial level of support assists the Human Services Coalition in recommending dollar amounts for each agency; now, therefore, be it iL 5? -22- March 2, 1988 RESOLVED, That the City will make every effort to approach the recommended human services funding level of the previous year ($93,946, which sum included the allocation to the Human Services Coalition). Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Romanowski, Booth, Johnson, Lytel, Cummings, Hoffman, Killeen, Peterson, Nichols Nay (1) - Schlather Homelessness in Ithaca Carried Alderperson Peterson reported that members of the Homeless Task Force met with the committee. They presented data of how many persons per week were sheltered at Southside. Also discussed were the long term needs assessment, determining exactly what the needs in Ithaca are. Alderperson Lytel reported that the EOC has received $14,000 which they must spend by June. The money will be used for a needs assessment. The EOC and the Southside Board is meeting March 17th to discuss the future of the shelter after the season ends. Resolution By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, Common Council passed a resolution on January 6, 1988, establishing an emergency shelter for the homeless, and WHEREAS, Common Council urged the Tompkins County Board of Representatives to address the need for emergency shelter for this winter, and WHEREAS, there is continued concern regarding homelessness and the ongoing need for shelter; now, therefore, be it RESOLVED, That Common Council directs the Mayor to request from the County a report on any progress made toward addressing this issue. Carried Unanimously Day Care Space in G.I.A.C. Alderperson Peterson reported that the GIAC Board have now accepted day care space on the first floor in the renovations of GIAC. The Drop -in Center and the Day Care Council are meeting and going over the proposal that the Drop -in Center submitted on the running of the facility. Alderperson Peterson stated that memos have gone out to department heads asking for their feed -back on having day care space other than at GIAC. Meeting Date for March for Human Services Committee Alderperson Peterson reported that the Human Services Committee is meeting on Wednesday, March 30th. BUDGET AND ADMINISTRATION COMMITTEE: Youth Bureau Contract Proposal By Alderperson Schlat er: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca has been providing worthwhile youth recreation and development services to youth and families from throughout the County, and WHEREAS, the Town of Ithaca and the Village of Lansing have heretofore participated in the funding of these programs, and -23- March 2, 1988 53 WHEREAS, the City, the Town of Ithaca, the Village of Lansing and the County of Tompkins acknowledge the financial burden this has placed on City taxpayers and the desire of Common Council to reduce that burden, and WHEREAS, negotiating meetings have officially begun to respond to this long -term problem, and WHEREAS, the ad hoc negotiating committee, including City, County, Town of Ithaca and Village of Lansing representatives, sincerely desires to minimize the disruption in youth programming during 1988, and (4010e WHEREAS, the transition to proportional funding of youth programs based on participation must go hand in hand with a coordinated county -wide planning for the delivery of youth services; now, therefore, be it RESOLVED, That the City of Ithaca, the Town of Ithaca, the Village of Lansing and the County of Tompkins agree to partici- pate actively in the development of a comprehensive plan for providing and equitably funding recreation and youth L0 development services that would assure that all children and youth have access to worthwhile services, which plan will be established by August 1, 1988, for implementation = January, 1989, and be it further m RESOLVED, That the plan would explain the role and relationship Q of all youth development and recreation services provided in local communities and clarify how any City services offered to non -City youth should be paid for, and be it further RESOLVED, That with a commitment from all of the aforementioned to participate in such comprehensive planning, the Town of Ithaca will contribute $105,000 to the City for 1988, and the Village of Lansing will contribute $9,000 to the City for calendar year 1988, as good faith efforts to continue their former relationship as participating municipalities entitled to City rates and full access to youth development programs while the Comprehensive Plan is being developed, and be it further RESOLVED, That the County will provide staff time and resources to support and coordinate the planning process. Substitute; ition Mayor Guter, asked for a vote to accept a substitute resolution. By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That a substitute resolution on agenda item 14.1 (Youth Bureau Services Contract Proposal) be introduced. Carried Unanimously WHEREAS, the City of Ithaca has been providing worthwhile recreation and youth development services to youth and families from throughout the County, and WHEREAS, the Town of Ithaca and the Village of Lansing have heretofore participated in the funding of these programs, and WHEREAS, the City, the Town of Ithaca, the Village of Lansing, and the County of Tompkins acknowledge the financial burden this has placed on City taxpayers and the desire of Common Council to reduce that burden, and WHEREAS, the ad hoc negotiating committee, including City, Councty, Town of Ithaca and Village of Lansing respresentatives, I. 54 -24- March 2, 1988 sincerely desires to minimize the disruption in youth programming during 1988, and WHEREAS, the transition to proportional funding of youth programs based on participation must go hand in hand with a coordinated county -wide planning for the delivery of youth services, and WHEREAS, the County has agreed to provide staff time and resources to support and coordinate the planning process; - now, therefore, be it RESOLVED, That the City of Ithaca agrees to participate with the Town of Ithaca, the Village of Lansing, and the County of Tompkins in the development of a comprehensive plan for providing and equitably funding recreation and youth develop- ment services and would assure that all children and youth _have access to worthwhile services, which plan will be estab- lished by August 1, 1988, for implementation in January 1989, and be it further RESOLVED, That the plan would explain the role and relationship of all youth development and recreation services provided in local communities and clarify how any City services offered to non -City youth should be paid for, and be it further RESOLVED, That with a commitment from all of the aforementioned municipalities to participate in such comprehensive planning, and a commitment from the Town of Ithaca to contribute $105,000 to the City in 1988, and a commitment from the Village of Lansing to contribute $9,000 to the City for the calendar year 1988, as good -faith efforts to continue their former relationship as participating municipalities, the youth residing in those municipalities will be entitled to City rates and full access to Ithaca Youth Bureau activities for 1988, and be it further RESOLVED, That in the absence of such contributions to the City by either the Town of Ithaca or the Village of Lansing, the rates for youth residing in the nonparticipating municipality will be those established by action of the Common Council in January, 1988, that is the so- called triple rate structure. Alderperson Schlather gave background information on the substitute resolution. Discussion followed on the floor. Amending Resolution By Alderperson Killeen: Seconded by Alderperson Johnson RESOLVED, That the figures in the third Resolved, be changed from $105,000 to $88,000 and from $9,000 to $6,000. Mayor Gutenberger urged Council to accept and vote for the amendment. He asked Council to keep the City at the table. We have a commitment from the County, Village and Town to participate. He stated that $20,000 is too small a figure for adults to quibble over when we have children in this community that need the Youth Bureau services. Further discussion followed on the amendment. A vote on the amendment resulted as follows: Ayes (4) - Lytel, Cummings, Johnson, Killeen Nays (6) - Nichols Romanowski, Schlather, Hoffman, Peterson, Booth Motion Defeated -2S- March 2, 1988 55 Substitute Resolution A vote on -the Substitute Resolution resulted as follows: Ayes (7) - Schlather, Romanowski, Lytel, Booth, Nichols Peterson, Hoffman Nays (3) - Cummings, Killeen, Johnson Carried Engineering Technician Reclassificaton By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Superintendent of Public Works be directed to compensate three employees, John Debell, Neil Bieberich and Arthur Santora, as Engineering Technicians, retroactive to the original date of reclassification, December 9, 1987, without prejudice and without amendment to the Roster of the Department of Public Works. Carried Unanimously _City Attorney's Office Reclassification By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the position of Senior Stenographer in the office of the City Attorney be deleted from the approved (n Roster, and that the position of Confidential Secretary to �- the City Attorney be established and that the position be added to the City Compensation Plan for employees not covered LO by a union, at the 1987 range of $11,132 to $15,845, and be it further RESOLVED, That Common Council in cooperation with the Ithaca Civil Service Commission shall seek exempt jurisdictional classification approval from the New York State Civil Service Commission. Carried Unanimously Consultant for Police Chief Examination By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That $5,000 be transferred from Account A1990, Contingency, to Account A1430 -430, Fees for Professional Services, to provide funding for consultant services as requested by the Civil Service Commission, and be it further RESOLVED, That the Personnel Administrator be directed to coordinate the selection of such consultant. Carried Unanimously Deferred Coo! r �,ation Plan By Alderpei lather: Seconded by Alderperson Romanowski WHEREAS, t)� of Ithaca wishes to adopt the Deferred Compensatio for employees of the New York State and other participating Public Jurisdictions (the "Plan ") for the voluntary participation of all eligible employees attached hereto as Exhibit 1, established in accordance with section 457 of the Internal Revenue Codes and Chapter 547 of the Statutes of the State of New York, and WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the City of Ithaca by pro- viding eligible employees with a convenient way to save on a regular and long -term basis and thereby provide for their retirement, and (400.1 WHEREAS, the Board of the Plan shall be State of New governed by the York (the "Board ") Deferred Compensation and be subject to the Rules and Regulations promulgated by the Board pursuant to Section 5 of the State Finance Law; now, therefore, the City of Ithaca resolves as follows: EA -26- March 2, 1988 RESOLVED, That the City of Ithaca hereby adopts the Plan for the voluntary participation of all eligible employees, and be it further RESOLVED, That the appropriate officials of the City of Ithaca are hereby authorized to take such actions, make such filings and enter such agreements as are required or necessary for the adoption, implementation and maintenance of the Plan, and be it further RESOLVED, That the Plan shall be in accordance with and subject to the aforementioned Rules and Regulations as are currently in effect and hereafter promulgated by the Board pursuant to Section 5 of the State Finance Law, and be it further RESOLVED, That the Plan shall be implemented following written acknowledgment received from the Board that the required documents have been properly filed with the Board. Carried Unanimously Bargaining Unit for Assistant Fire Chief Positions By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Common Council of the City of Ithaca does hereby recognize the Chief Officers' Association, for the purpose of Collective Bargaining and the administration of grievances connected with their separate unit. In addition, the City of Ithaca recognizes the Ithaca Paid Fire Fighters Association, Local 737, AFL - CIO -CLC, as the sole bargaining agent and representative for the Chief Officers' Association. This recognition shall extend as prescribed by the New York State Taylor Law. Carried Unanimously Executive Session By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Common Council adjourn into Executive Session to discuss collective bargaining. Carried Unanimously Regular Session By Alderperson Booth: Seconded by Adlerperson Johnson RESOLVED, That Common Council reconvene in Regular Session. Carried Unanimously Approval of Employee Bargaining Unit Contract - City Executive Association By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Agreement between the City of Ithaca and the City Executive Association for a new three -year contract commencing on January 1, 1988, and expiring on December 31, 1990, be approved as recommended by the City Negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the Contract on behalf of the City under its corporate seal. Carried Unanimously Approval of Employee Bargaining Unit Contract - Police Benevolent Association By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Agreement between the City of Ithaca and the Police Benevolent Association for a new one -year contract commencing January 1, 1988, and expiring on December 31, 1988, be approved as recommended by the City's Negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the Contract on behalf of the City under its corporate seal. Carried Unanimously ft. 0 -27- March 2, 1988 Amendment to Youth Bureau Equipment List By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Authorized Equipment List for the Youth Bureau be amended to include a hydraulic lift for the mechanics all stars garage, at an amount not to exceed $4,800, subject to New York State approval of the $10,000 Youth Development Grant. Carried Unanimously 5'7 Carried Unanimously Amendment to Finance Department Equipment List By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Equipment List of the Finance Department be amended to include the purchase of a personal computer and related software and training for the City Clerk's Office, at an amount not to exceed $2,500, and be it further RESOLVED, That $2,500 be transferred from A1990, Unrestricted Contingency, to A131S -210, Office Equipment. Carried Unanimously Additional Funding of Election Account By Alderper= Schlather: Seconded by Alderperson Killeen WHEREAS, th Clerk has been notified that a second Primary Election wi held during 1988, and WHEREAS, additional funds will be required to finance such Primary Day election, and a related Seminar for individuals who set up voting machines; now, therefore, be it RESOLVED, That $5,625 be transferred from Unrestrcited Contingency to the Election Account, as follows: A1450 -435 $5,375 A14SO -440 2S0 Carried Unanimously Extension of County Tax Warrant By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the City Chamberalin be authorized to request the County of Tompkins to extend its Warrant for collection of the 1988 State and County Taxes until June 1, 1988. Carried Unanimously City Assessment Roll Corrections By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, the 1988 Tax Roll for the City of Ithaca included property known as Tax Map Number 30- 1 -1.2, owned by Cornell University, and iL Amendment to Youth Bureau Program Budget By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the Youth Bureau has applied for funding from the Ithaca School District and State of New York for Youth Develop- ment Grants of $4,200 and $10,000 respectively; now, therefore, be it RESOLVED, That the Youth Development 1988 Adopted Budget be amended as follows: Increase in Revenues $14,200 Lo Increase in Appropriations: I- A7310 -110 $1,000 L A7310 -120 4,200 A7310 -225 4,000 = A7310 -460 4,600 m A7310 -470 300 A7310 -445 100 Total $14,200 Carried Unanimously Amendment to Finance Department Equipment List By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Equipment List of the Finance Department be amended to include the purchase of a personal computer and related software and training for the City Clerk's Office, at an amount not to exceed $2,500, and be it further RESOLVED, That $2,500 be transferred from A1990, Unrestricted Contingency, to A131S -210, Office Equipment. Carried Unanimously Additional Funding of Election Account By Alderper= Schlather: Seconded by Alderperson Killeen WHEREAS, th Clerk has been notified that a second Primary Election wi held during 1988, and WHEREAS, additional funds will be required to finance such Primary Day election, and a related Seminar for individuals who set up voting machines; now, therefore, be it RESOLVED, That $5,625 be transferred from Unrestrcited Contingency to the Election Account, as follows: A1450 -435 $5,375 A14SO -440 2S0 Carried Unanimously Extension of County Tax Warrant By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the City Chamberalin be authorized to request the County of Tompkins to extend its Warrant for collection of the 1988 State and County Taxes until June 1, 1988. Carried Unanimously City Assessment Roll Corrections By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, the 1988 Tax Roll for the City of Ithaca included property known as Tax Map Number 30- 1 -1.2, owned by Cornell University, and iL IT -28- March 2, 1988 WHEREAS, pursuant to Section S54 (sub.4A) of the Real Property Tax Law the Director of Assessments has investigated an appli- cation for the correction of an error in essential fact filed by Cornell University, and WHEREAS, said investigation revealed that a Court Order dated October 2, 1987, reduced taxable value to $ -0 -, and WHEREAS, the Director of Assessments recommends that the assessed value be changed from $10,000 to $ -0 -; now, therefore, be it RESOLVED, That the 1988 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map Number 30 -1 -1.2 from $10,000 to $ -0 -, and be it further RESOLVED, That the City Chamberalin be authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said property. Carried Unanimously Civil Service Agreement with School District By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an Agreement between the City of Ithaca and the Ithaca City School District for performance by the City of services in connection with Civil Service matters, for the period July 1, 1988, to June 30, 1989, in an amount of $15,169.64, payable to the City of Ithaca on or before November 1, 1988. Carried Unanimously Request to Fill Finance Department Position By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Kathleen Boyd be provisionally appointed to the position of Senior Account Clerk, at Step 5 on the 1987 C.S.E.A. Administrative Unit Salary Schedule, at an annual salary of $12,205. Carried Unanimously Request to Establish New Finance Department Position RESOLVED, That a new Account Clerk position be established in the City Chamberlain's Office of the Finance Department, subject to approval by the City of Ithaca Civil Service Commission. *By Alderperson Schlather: Seconded by Alderpersoiarried Unanimously Killeen Request to Contact Bond Counsel By Alderperson Schlather: Seconded RESOLVED, That the City Controller the City's designated Bond Counsel of the Bond Resolution for construc fire stations. by Alderperson Killeen be empowered to contact relative to preparation tion and renovation of Carried Unanimously Ithaca Industrial Park - Environmental Review Funding By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That $4,600 be appropriated from Capital Reserve 925 for capital improvements, and transferred to the Planning Department Budget Account A8020 -430, Fees for Professional Services, to conduct a full Environmental Review of the Ithaca Industrial Park, and be it further RESOLVED, That the cost of such Environmental Review be re- covered from prospective tenants of the Park. Carried Unanimously Ln Lo m a -29- March 2, 1988 5') D.P.W. Request for Two New Part -time Positions By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, a full -time parking meter checker has requested and received a three -month medical leave of absence; now, therefore, be it RESOLVED, That Common Council amends the Department of Public Works Roster by adding two temporary part -time meter checkers, and be it further RESOLVED, That this Common Council makes the two part -time meter checker positions permanent effective upon expiration of the medical leave of absence granted Gordon Welch, and deletion of the corresponding full -time meter checking position. Ayes (9) - Schlather, Romanowski, Nichols, Johnson, Lytel, Cummings, Peterson, Killeen, Booth Nay (1) - Hoffman Carried Fire Department Hazardous Materials Grant By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, the State Legislature and the Congress of the United States have recognized that a serious problem exists with the transportation, storage and use of hazardous materials, and have addressed this problem with appropriate legislation, and WHEREAS, grant funds are available through the New York State Office of Fie i'revention and Control to assist localities in hazardous rniaterials planning activites; now, therefore, be it RESOLVED, That John C. Gutenberger, Mayor of the City of Ithaca, be authorized and directed to sign such project agree- ment as may be required to secure such grant funds. Carried Unanimously Fire Department Authorized Equipment List From Capital Reserve By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Equipment List of the Fire Department be amended to include the purchase of light- weight fire hose for high -rise hose packs, as requested by the Fire Chief, and be it further RESOLVED, Thit $3,000 be appropriated from Capital Reserve #1S, for Fit pparatus, to fund such acquisition. Carried Unanimously Fire DepartmenF_ Authorized Equipment List By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Equipment List of the Fire Department be amended to include the purchase of an Airway Obstruction Suction Unit, such purchase to be effected from funds already provided in the 1988 Fire Department Adopted Budget. Carried Unanimously Audit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract (Woo" #4/1988, in the total amount of $20,090.63 be approved for payment. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: Front Yard Parking Regulations - Resolution Calling for Public Hearing By Alderperson Booth: Seconded by Alderperson Schlather 61 60 -30- March 2, 1988 RESOLVED, That Ordinance No. 88 - entitled "An Ordinance Amending Paragraph A(5) of Section 30.37 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday April 6, 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 the Tompkins County Planning Board a true and exact copy of the proposed Zoning Ordinance for their report thereon. ORDINANCE NO. 88 - AN ORDINANCE AMENDING PARAGRAPH A(5) OF SECTION 30.37 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING PARAGRAPH A(5) OF SECTION 30.37 1. That Paragraph A(5) of Section 30.37 is hereby amended to delete the existing language and diagram of Paragrrph A(5) and to add the following new language and diagram to read and provide as follows: "5. Parking in front yards. a. In all districts, no parking parallel to the street is permitted within five (5) feet of the sidewalk edge farthest from the street, or if no sidewalk exists, within ten (10) feet of the edge of the street pavement. b. In all residential districts, parking in the front yard of lots which have a width at the street line of fifty (50) feet or less shall be restricted to parking within a driveway that is perpendicular to the street and which is not more than twelve (12) feet wide for the portion that passes through the front yard. C. In all residential districts, parking in the front yard of lots which have a width at the street line of more than fifty (50) feet shall be restricted to an area not greater than twenty -five (25) percent of the total area of the front yard, including turn- around and other vehicle maneuvering areas and driveways leading to garages and parking areas. d. All parking areas, including ancillary driveway and maneuvering areas, shall have clearly defined boundaries and shall have adequate provisions to prevent drainage of surface water onto adjoining property under normal conditions. e. No curb cut shall be made unless a permit has first been obtained from the City Clerk after approval by the City Engineer. O It- Lo Iq LD m Q -31- March 2, 1988 f. Curb cuts on adjacent lots may be side -by -side and may be combined whenever possible. g. There shall be no removal of any tree located on City property unless approval has first been granted by the Board of Public Works. h. Any off - street parking area which has been constructed or is in use without a permit granted in accordance with Section 30.56 of this ordinance shall be required to conform to the design standards of this section . within eighteen (18) months of the date of enactment of this section." SECTION 2. EFFECTIVE DATE This ordinance shall take effect immediately and with law upon publication of a notice as provided 3 11(B) of the Ithaca City Charter. Carried Unanimously in accordance in Section Front Yard Parking Regulations Alderperson Booth reported tha Short Environmental Assessment regulations and decided that a Form needs to be done. Deputy on that and will bring it back - Environmental Assessment L the Committee looked at a Form on front yard parking Long Environmental Assessment Director Mazzarella is working to Committee at the next meeting. Environmental Assessment and Finding of Non - significant Impact - License for Simeon's Restaurant By Alderperson Boot : Seconde by Alderperson Johnson WHEREAS, Simeon's Restaurant has made application to the Commons Advisory Board, the Board of Public Works and the Common Council of the City of Ithaca for a license agreement for operation of outdoor dining facilities in connection with the general operation of Simeon's Restaurant in an area of approximately 60 square feet on Aurora Street and approximately 147 square feet on the Ithaca Commons and to sell alcoholic beverages in connection with said outdoor dining, and WHEREAS, a Short Environmental Assessment Form for this action was prepared and submitted together with said application, and WHEREAS, said Short Environmental Assessment Form has been reviewed by the Commons Advisor and by the Conservation Advisory Council an' 'ey have indicated that they find no adverse environmen ffects associated with said action; now, therefore, t RESOLVED, Thai the Common Council does hereby designate itself as lead agency for environmental review of the application of Simeon's Restaurant for outdoor dining facilities on city property, and be it further RESOLVED, That Common Council hereby finds that the proposed action is an unlisted action for environmental review purposes and that the Short Environmental Assessment Form submitted by the applicant and reviewed by the Commons Advisor and the Conservation Advisory Council is sufficient to assess the environmental effects of said action, and be it further 61. RESOLVED, That the Common Council hereby determines that the proposed action will not result in any significant adverse environmental impacts and does hereby make a negative declaration of envirommnetal significance for this action, and be it further RESOLVED, That Common Council hereby directs the Mayor of the City of Ithaca to execute the Part 3 determination of significance on behalf of the Common Council of the City of L 62 -32- March 2, 1988 Ithaca on the Short Environmental Assessment Form indicating thereon a determination of no significant adverse environmental impacts caused by this action. Carried Unanimously Revocable License for Simeon's Restaurant By Al erperson Booth: Seconded y Alder—person Schlather WHEREAS, in 1987 the City of Ithaca issued a license to Simeon's Restaurant allowing the restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor - dining, and WHEREAS, this use of public property has generally beeil deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, the Board of Public Works has approved a revocable license agreement between the City and Simeon's Restaurant to allow use of this public property for outdoor dining in 1988, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the sale and consumption of alcohol is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $300,000 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, That Common Council hereby approves a revocable license agreement between the City and Simeon's Restaurant. Ayes (9) - Schlather, Nichols, Romanowski, Cummings, Hoffman Johnson, Lyfel, Peterson, Killeen Nay (1) - Booth Carried Ordinance Amending Chapter S5 Entitled "Fire Regulations" of — the Municipal Code By Al erperson Booth: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca wishes to keep the City's Fire Regulations consistent with the most up -to -date requirements of Chapter C. entitled "Fire Prevention ", of the New York State Uniform Fire Prevention and Building Code and the standards accompanying that code; now, therefore, be it RESOLVED, That Common Council approves and hereby adopts the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE AMENDING CHAPTER 55 ENTITLED "FIRE REGULATIONS" 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: 1,40) Section 1. That Chapter 55 of the Municipal Code of the City of Ithaca, entitled "Fire Regulations ", Article II, Section 55.11, 'thereof, entitled "Adoption of Fire Prevention Code" is hereby amended to read as follows: -35- March 2, 1988 8. develop an improved system for city departments to respond to complaints and requests from neighborhood residents, 9. 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 stabilizing rent, including the encouragement of mutual housing program as well as city -wide regulation of rental rates and (U00" conditions, 12. strengthen the role of citizens and neighborhood groups in the city's planning and policy- 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 LoCommon Council for review and approval prior to implementation, Iq and that the actions are not necessarily listed in order of LO priority, and be it further RESOLVED, That Common Council hereby endorses the concept (n of the development of a Housing Commission for the City of Q Ithaca for the purpose of providing a focus for the continued discussion and resolution of housing concerns in the City of Ithaca. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the words "regulation of rental rates and conditions" be deleted from Item #11. Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes (2) Schlather, Romanowski Nays (8) Booth, Killeen, Hoffman, Nichols, Cummings, Peterson, Lytel, Johnson Motion Defeated Main Motio. A vote on tin Motion resulted as follows: Ayes (9) - �­-hlather, Booth, Nichols, Hoffman, Lytel, Johnson, Cummings, Peterson, Killeen Nay (1) - Romanowski Carried De artment of Plannin and Development 1988 Work Program By Al erperson Cummings: Secondea by Al erperson Killeen WHEREAS, the Ithaca City Charter requires that the Department of Planning and Development submit for approval a work program showing planned activities for each calendar year, and WHEREAS, the Board of Planning and Development has reviewed and approved the Department's proposed 1988 Work Program, and WHEREAS, the Department's proposed 1988 Work Program has been reviewed and amended by the Planning and Development Committee; now, therefore, be it RESOLVED, That the Common Council hereby approves the Depart- ment of Planning and Development's 1988 Work Program. 65 sf) -36- March 2, 1.988 Alderperson Cummings gave background information on the resolution. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Nomination of Cornell Heights to National Register By Alderperson Cummings: Seconded by Al erperson Schlather WHEREAS, the Common Council of the City of Ithaca gave author- ization to the Department of Planning and Development to submit a Certified Local Government Subgrant application for the purpose of conducting an in depth historic and architec- tural resources survey of Cornell Heights and to prepare a National Register nomination, and WHEREAS, upon consultation between staff from the New York State Office of Parks, Recreation and Historic Preservation -and the City of Ithaca Department of Planning and Development it was determined that the proposed Cornell Heights District is of sufficient significance and integrity to warrant nomina- tion to the State and National Registers of Historic Places, and WHEREAS, the majority of property owners in Cornell Heights favor listing on the State and National Registers at the soonest possible date, and WHEREAS, Cornell Heights is a sensitive neighborhood and one particularly vulnerable to building activity; now, therefore, be it RESOLVED, That the City of Ithaca - Common Council strongly supports listing of Cornell Heights on the State and National Registers and urges the Commissioner and the Committee to sign and forward the nomination to the Keeper of the National Register. Carried Unanimously INHS Mutual Housing Development Agreement 1va) By Al erperson Cummings: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca and Ithaca Neighborhood Housing Services, Inc. (INHS) have cooperatively engaged in programs to improve housing conditions and housing affordability in the City 6f Ithaca, and WHEREAS, INHS is pursuing a proposal to develop a mutual housing association in the City of Ithaca, and WHEREAS, the City of Ithaca's 1987 -88 Community Development Block Grant program contains funds which are designated to be used by INHS to further the development of affordable housing, and WHEREAS, INHS has proposed an agreement between the City of Ithaca, the Neighborhood Reinvestment Corporation and INHS that would provide funding for the organization and development of a mutual housing association; now, therefore be it RESOLVED, That the Common Council hereby endorses the develop- ment of a mutual association in the City of Ithaca, and be it further RESOLVED, That the Common Council hereby authorizes and directs the Mayor to sign the Development Agreement between INHS, the Neighborhood Reinvestment Corporation and the City of Ithaca. Alderperson Cummings gave background information oh the resolution. In order to give all participants time to look this over and have their questions answered Alderperson Cummings -33- March 2, 1988 Section 55.11 Adoption of Fire Prevention Code There is hereby adopted by the Common Council of the City of Ithaca of the County of Tompkins and State of New York, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that version of a certain code in effect on October 31, 1987 known as Chapter C entitled "Fire Prevention" of the New York State Uniform Fire Prevention and Building Code and the version of the accompanying standards of the code in effect on October 31, 1987, the provisions of which shall be controlling within the limits of the City of Ithaca and shall apply regardless of the date of construction of any such building affected thereby. Section 2. The City Clerk is directed to keep on file in the City Clerk's Office at least one copy of such code and a copy of such code shall be made part of the Official "Record filed in the City Clerk's Office. Section 3. The Mayor of the City of Ithaca shall notify LO the New York State Fire Prevention and Building Code Council within thirty (!.Ys of the effective date of this ordinance NZIr of its enactni,:. pursuant to New York Executive Law Section Lo 379. Section 4. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as Q provided in Section 3.11(B) of the Ithaca City Charter. Carried Unanimously Ordinance Amending Chapter 55 Entitled "Fire Regulations" of the Municipal Code By Al erperson Booth: Seconded by Alderperson Schlather WHEREAS, Common Council has identified an error in Section SS.14(E)(10)(a) of the Municipal Code; now, therefore, be it RESOLVED, That Common Council does hereby approve and adopt the following ordinance: ORDINANCE NO. 88 - AN ORDINANCE AMENDING CHAPTER 55 ENTITLED - "FIRE REGULATIONS" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDA 'i AND ENACTED by the Common Council of the City of Itha Vew York as follows: Section 1. That Chapter 55 of the Municipal Code of the City of Ithaca, entitled "Fire Regulations ", Article II, Section 55.14, thereof, entitled "Permits Required "; subdivision (E)(10)(a) thereof is hereby amended to read as follows: a. Storage, handling, or use of Class I liquids in excess of 10 gallons inside of any buildings or in excess of 10 gallons outside of any building, as set forth in NFPA 31 ,1979, except that no permit shall be required for the following: 1. For the storage or use of flammable or combustible liquids in the fuel tank of a motor vehicle, air- craft, portable or stationary engine, boat, or portable heating plant. 2. For the storage or use of paints, oils, varnishes, or similar flammable mixtures when such liquids are stored for maintenance, painting, or similar purposes for a period of not more than 30 days. 63 a. X -34- March 2, 1988 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. Carried Unanimously Procedure to Govern Mayor's Submission of Nominations for Common Council Review and Approval Al erperson Booth reported that the Committee discussed creating a procedure to govern the Mayor's submission of nominations to Common Council. The Committee will be looking at a draft resolution at the next meeting. Ordinance Regulating Smoking in Public Places and Workplaces Al erperson Booth reported that the Committee discussed the possibility of adopting an ordinance regulating smoking in public places and workplaces. There will be a draft ordinance to discuss at the next Charter and Ordinance Committee. _PLANNING AND DEVELOPMENT COMMITTEE: Strategic Housing an Neig bor oo s Plan Lift From Ta le By Al erperson Cummings: Seconded by Alderperson Booth RESOLVED, That Strategic Housing and Neighborhoods Plan be lifted from the table. Carried Unanimously 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 WHEREAS, the Board of Planning and Development has completed a broad 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 partici- pation 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 -6f -scale projects, S. develop new responses to problems that originate from "lifestyle" differences within neighborhoods, 6. establish on -going working groups among Cornell, Ithaca College, neighborhood residents and city officials to develop solutions to neighborhood problems caused by Cornell and Ithaca College, including the development of on- campus housing where appropriate, 7. develop performance standards to regulate the maintenance of buildings and grounds and new procedures for the enforcement of those standards, D -37- March 2, 1988 requested that the resolution be tabled. It will be re- introduced at the April Council meeting for action. Tabling Motion By Al erperson Cummings: Seconded by Alderperson Schlather RESOLVED, That the matter of the INNS Mutual Housing Development Agreement be tabled. Carried Unanimously Establishment of a Weekly Listing of Building Permit Applications By Al erperson Cummings: Seconded by Al erperson Killeen WHEREAS, Common Council desires to provide the community (4mwel with more information, at an early stage, about proposed new building construction, demolition, conversion or expansion of existing buildings; now, therefore, be it RESOLVED, That the City Building Department is directed to prepare and distribute a current list and description of all applications for City of Ithaca building permits as des- cribed below, to all alderpersons and the Mayor, on a weekly basis, and be it further LO RESOLVED, That said list be prepared and distributed according Iq to the following conditions: Lo 1. A proposal shall appear on the list when the applicant files a request for a building permit. m 2. The following information shall be included in the Q description of each project that appears on the list: 6'7 a. Property address b. Property owner (name � address) and applicant (name & address) if other than owner C. Type of project (new construction, conversion, repair), approximate size of building, footprint and total square feet of floor area d. Approximate siting of buildings on property including accessory structures e. Number of bedrooms and dwelling units and /or square footage of new or renovated non - residential construction f. Number of stories and height g. Number of parking spaces /existing or proposed h. Cost of project i. Whether any demolition of existing structures is involved. In th,_ -ise of renovation, the size of the existing struc'L as well as the proposed renovation should be spc ied. 3. The following projects shall be excluded from the list: a. A project which involves only interior work and no change in current use b. Repairs, additions or construction of a one or two- family residence C. Projects involving only repair and maintenance work and no change in use d. Projects for which confidentiality must be main- tained in order to protect the physical safety of those involved (e.g., a shelter for battered women) e. Emergency repair work 4. In the event that an application has been excluded from the list due to confidentiality, the Building Department shall note on the list that such an exclusion has occurred. CL 68 MTN March 2, 1988 S. The list shall be printed by Tuesday noon of each week (and so dated) and shall be immediately distributed to all alderpersons and the Mayor, by placing it in the recipient's City Hall mailbox or by mailing it to the recipient's home address, according to the wish of each recipient. 6. Each list shall be available to the media, upon request, and be it further RESOLVED, That no application for a building permit which is required to appear on said weekly list shall be approved until at least one week (7 calendar days) after the distri- bution of the list. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Improper Use of State Aid for Local Economic Development By Al erperson Cummings: Seconded y Sc lat er WHEREAS, the purpose of state support for local economic development is to aid new or expanding businesses or to attract businesses from out of state, and WHEREAS, other New York State communities have attempted to use JDA, IDA, and other state - authorized economic develop- ment funding to lure Ithaca Acquisition Corporation (Ithaca Gun) away from the community that shares its name, and WHEREAS, these actions appear to this Common Council to be in violation of the purposes for which these funding mechanisms were established; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca wishes to state its oppositioii to this abuse of state support for economic development, and that a copy of this Resolution be sent to Governor Mario Cuomo, Director of New York State Economic Development Vincent Tese, and our representatives in the New York State Senate and Assembly. Carried Unanimously Hydropower Commission Alderperson Cummings reported that the Hydropower Commission has met and discussed a referdum for this Fall. Membership is needed on the Commission and we need to recompute the figures on the cost benefits of the Ithaca Falls plant. City Planner Jones is working on this. Alderperson Hoffman, Liaison from the Planning and Development Committee, stated that there seems to be four Hydropower Commission members who are still active. Originally it was a 13 member Commission. We need to bolster its membership for the Comminssion to be able to do its work. Alderperson Booth stated that the Council might want to look at the possibility of creating an Environmental Commission. Alderperson Nichols stated that he would like the Committee to look into what an appropriate Hydropower Commission would be now as opposed to what it was 4 or S years ago. Community Development Application Process Alderperson Cummings reported that she has distributed the Community Development Application calendar. At the April Common Council meeting the Community Development Budget will be acted upon. F-5 -39- March 2, 1988 69 REPORT OF SPECIAL COMMITTTEES AND COUNCIL LIAISONS Ithaca Landmarks Preservation Commission Alderperson Hoffman reporte t at the PC will conduct a hearing on the expanded East Hill Historic District on March 14th at 7:00 P.M. in the Council Chambers. New Fire Stations Committee Alderperson Killeen reported that on March 1 the Town Planning Board unanimously passed final site plan approval for both South and West Hill locations. At the next New Fire Stations meeting on March 8, the committee will recommend the Town act as Lead Agency in needed environ- mental review for new stations. Stewart Park Advisory Group Alderperson Killeen reported that the resolution to form a Parks Commission for Stewart Park is being explored by -a sub group of the Planning and Development Committee, by a staff group in the Department of Public Works, and by members of the Six Mile Gorge Overseer Committee with parti- LOcllar concern for a natural areas commission. All organiza- Iq tional ideas will be evaluated and coalesced in coining months. Lo Commons Advisory Board Alderperson Cummings distributed a schedule of events for M the Ithaca Festival which is scheduled for June 1 -S. Q NEW BUSINESS ACC's Voluntary Suspension in Cable TV Rate Increases By Alderperson Killeen: Seconded by Alderperson Jo nson WHEREAS, ACC has been announcing for many weeks its intention to raise rates for Cable TV service in the City of Ithaca, effective March 1, 1988, and WHEREAS, ACC and the City have been engaged in new franchise negotiations for many months with clear and positive resolution in probable sight, and WHEREAS, these negotiations have covered rates, length of franchise, discounts for senior citizens, and other elements, and WHEREAS, a formal new franchise agreement has not been approved by the City, or perhaps not even by ACC corporate headquarters, and WHEREAS, a mutually agreeable basis for raising rates, con- sistent with standard commercial and legal practice, does not now exist; therefore, be it RESOLVED, That in fairness to the citizens of Ithaca and particularly those who are ACC customers, this Common Council calls upon ACC to voluntarily suspend the rate increases imposed on March 1, 1988 until such time as mutual agreement is fully obtained, and be it further RESOLVED, That failing ACC's voluntary suspension of rate increases, this Common Council directs the City Attorney to proceed with appropriate legal action to secure prompt approval and execution of the new franchise agreement to protect the interest of the TV Cable subscribing citizens of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as- follows: Ayes (8) - Schlahter, Lytel, Cummings, Killeen, Peterson, Hoffman, Johnson, Booth Abstentions (2) - Romanowski (conflict of in Nichols (unspecified) Carried 70 -40- March 2, 1988 ADJOURNMENT: On a motion the meeting adjourned at 1:20 a.m. Connie Holcom Acting Deputy City Clerk D D