HomeMy WebLinkAboutMN-CC-1988-04-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. April 6, 1988
PRESENT:
Mayor Gutenberger (arrived at 10:30 p.m.)
Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman,
Killeen, Lytel, Peterson, Romanowski, Schlather
In the absence of Mayor Gutenberger, the meeting was chaired
by Acting Mayor Killeen until the Mayor's arrival.
OTHERS PRESENT:
City Attorney - Nash (Arrived at 8:30 p.m.)
City Controller - Spano
City Clerk - Paolangeli
Planning � Development Director - Van Cort
Youth Bureau Acting Director - Wilson
Personnel Administrator - Baker
Personnel Associate - Walker
Building Commissioner - Hoard
Fire Chief - Olmstead
(n Police Chief, Acting - Pagliaro
Iq Supt. of Public Works - Dougherty
LO City Engineer - Gray
Board of Public Works Liaison - Reeves
m Tomp. Co. Board of Representatives - Stein
Q PLEDGE OF ALLEGIANCE:
Acting Mayor Killeen led all present in the Pledge of Allegiance
to the American flag.
MINUTES;
Approval of Minutes of February 3, 1988 Common Council Meeting
Alderperson Booth requested that on page 12, following the
sentence, "Discussion followed on the floor concerning the
meaning of several of the words in the resolution ", the following
sentence be added, "Those comments made clear, among other
things, that the term park commission may also be read as
parks commission."
No Council member objected.
Resolution
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the February 3, 1988 Common
Council meeting be approved as corrected.
Carried Unanimously
Approval of Minutes of March 2, 1988 Common Council Meeting
Alderperson Nichols requested that in paragraph 6, page 13
the last sentence be changed to read, "He does not believe
changing the zoning to conditional zoning is spot zoning."
Alderperson Booth requested that on page 14, third paragraph,
Department of Parks, Recreation and Historic Preservation
be changed to "New York State Office of Parks, Recreation
and Historic Preservation."
Alderperson Booth requested that on page 23, under "Substitute
Resolution" the word "accepted" be deleted and the word "intro-
duced" be inserted.
Alderperson Peterson requested that on page 28, under the
heading of "Request to Establish New Finance Department Position,"
the record reflect the motion was introduced by Alderperson
Schlather and seconded by Alderperson Killeen.
No Council member objected to these corrections.
75
76) -2- April 6, 1988
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Minutes of the March 2, 1988 Common Council
be approved as corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An Ordinance Amending Paragraph A(S) of
Section 30.37 of Chapter 30 Entitle 'Zoning' of the Clay
of Ithaca Municipal Code (Front Yard Parking)
Resolution to Open Public Hearin
By Al erperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to consider an amendment
to Paragraph A(S) of Section 30.37 of Chapter 30 entitled
'Zoning' of the City of Ithaca Municipal Code be declared
open.
Carried Unanimously
Alderperson Booth gave background information on the ordinance.
No person appeared to address the public hearing.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alder
RESOLVED, That the Public Hearing to consider
to Paragraph A(S) of Section 30.37 of Chapter
'Zoning' of the City of Ithaca Municipal Code
closed.
person Peterson
an amendment
30 entitled
be declared
Carried Unanimously
ADDITIONS TO THE AGENDA:
Planning and Development Committee
Alderperson Cummings submitted a substitute resolution for
Item 16.2 (Labor Coordinator Proposal).
Alderperson Cummings requested that Item 16.9, Solid Waste
Disposal resolution be deleted from the agenda and in its
place a new 16.9 entitled Hydropower Commission Membership
Report and Resolution be added.
Alderperson Cummings requested the addition of Item 16.10,
Mutual Housing resolution. This item needs to be lifted
from the table from the March Common Council meeting.
No Council member objected.
Human Services Committee
Alderperson Peterson requested a change in Item 18.2, Boycott
of California Table Grapes, from Possible Resolution to Resolution.
No Council member objected.
Report of Special Committees and Council Liaisons
Alderperson Peterson requested the addition of a report from
the Six Mile Creek Committee.
No Council member objected.
Alderperson Killeen requested the addition of a report from
the Intermunicipal Fire Committee and a report from the Senior
Citizens Council.
No Council member objected.
Report of City Boards, Committees and Commissions
Alderperson Killeen stated that, he would have a -brief report
from the Planning and Development Board, and a brief report
from the Ithaca Rental Housing Commission.
No Council member objected.
-3-
April 6, 1988 77
COMMUNICATIONS:
East Hill Historic District
City Clerk Paolangeli read the following letters:
"Dear Members of Common Council:
The undersigned respectfully request that the block
enclosed by Quarry, East Buffalo, East Seneca and Eddy Street
be excluded from the proposed expansion of the East Hill
Historic District.
Our properties in that block contain no lots, nor buildings
of historic significance to our knowledge. The architecture
(400.1 is erratic and typical of the rest of the city. The pattern
of use of these properties has varied over decades, but has
been principally student housing.
Iq
m
Q
We oppose, individually and collectively, the imposition
of the proposed procedures, delays, obstacles and prohibitions
that will impair the rightful uses and modifications to our
buildings and properties. The delay alone that these procedures
require is a cost that must be reckoned with. No other residential
district of the city has the same burden imposed.
This new proposed power to prohibit otherwise legitimate,
reasonable and realistic improvements to our buildings and
properties appears to be an unlawful and unconstitutional
taking of our property. No recompense is offered for our
cost, our time, our reduced value and our limited choice
of alternatives.
This historic designation policy has no provisions or
adjustment for the economic impact it imposes.
The review and appeal process is exclusively political
not judicial. The criteria for review are not defined.
For all these reasons, we object strenuously to inclusion
of our homes, buildings and properties and urge revision
1) of the property lines to exlude our property, and 2) the
review process and criteria.
Respectfully submitted,
Orson Ledger, 192 White Church Road, Brooktondale
Gus Lambrou, 405 - 407 - 409 -414 - 306 -31512 Eddy Street
Beverly R. Everts, 305 E. Fall Street
Ricardo Humerez, 904 Dryden Road
Jason Fane, 133 N. Quarry Street"
"To the Members of Ithaca Common Council:
Regrettably a medical appointment prevents me from attending
tonight's meeting to speak in favor of expansion of the designation
of the East Hill Historic District.
Living on East Hill for the past eighteen years, my
family and I have had a strong commitment to the City of
Ithaca and to what was once the quite cohesive neighborhood
of East Hill. I remember years when neighborhood preservation
was an issue in which a healthy balance between the student
Population and families, keeping green space, and maintaining
the integrity and viability of older, historically valuable
residences were emphasized. Change is inevitable, and certainly
the closing of the East Hill School had a reverberating if not
immediate impact on our section of East Hill. But our experience
was that the changes in the past few years drastically altered
the quality of our lives, with an intrusive increase in traffic
and people noises as well as an increase in vandalism. If
extending historic designation will preserve at least what
is left of the beautiful East Hill structures, it seems a
logical step to take.
78 -q- April 6, 1988
We were privileged to live in what was called the Bostwick
House at 705 East Buffalo Street for fifteen years. The
house itself is a fine example of the Italianate style of
architecture, and has many features which are unlikely ever
to be reproduced. It seems necessary for there to be community
support to help people treat such a place with the veneration
is deserves.
Sincerely yours,
Louise S. Wilcox"
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
East Hill Historic District
The following persons spoke in favor of the expansion of
the East Hill Historic District:
Stuart Stein - 11 Cornell Walk
Barclay Jones - 502 "Turner Place, Chair of ILPC
Richard Kinner - 112 Parker Street
Mary Tomlan - 200 Delaware Avenue
David Johnson - 201 Stewart Avenue
Barbara Ebert, Executive Director of Historic Ithaca read
the following letter to Council:
"The Board of Directors of Historic Ithaca, on behalf of
the membership of the organization, support the designation
of the entire East Hill National Register district as a local
historic district. In October 1986, when we first requested
that the Ithaca Landmarks Preservation Commission proceed
with this nomination, we stated our firm belief 'the buildings
deemed worthy of national recognition are of equal or greater
local significance,' therefore this district should receive
local designation. We reiterate this claim to you, and request
your support in this action.
The process of having a district placed on the National
Register of Historic Places is a rigorous one, and not - -as
one might be led to suspect from a recent Ithaca Journal
editorial - -a capricious one. There are a limited number
of historic districts which have been approved by the National
Register, and no district is designated without meeting or
exceeding the standards set forth by the New York State and
the National Park Service. Quoting from the Historic Resources
Survey Manual published in 1972 by the New Yor State Board
for Historic Preservation, preservation today 'focuses upon
the desire to preserve the evidence of a region's overall
historical development... (on) development patterns, ...
agricultural settlements, industrial complexes, residential
neighborhoods, and commercial districts.'
Furthermore, as the owner of the Clinton House, which
is in a local historic district, Historic Ithaca would also
like to point out that this designation has in no way interfered
with our use or development of this building. We have experienced
no 'bureaucratic nuisance,' as alleged by the Journal, nor
have our property rights been infringed.
Historic Ithaca formally requests the support of Common
Council in this effort to expand the boundaries of the East
I -Jill Historic District to include all of those,buildings
which have already been given landmark distinction through
their inclusion in the National Register of Historic Places."
Ms. Ebert answered questions from Council members.
The following person spoke in opposition to the expansion
of the East Hill Historic District:
Jason Fane, 133 North Quarry Street
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April 6, 1988 79
Boycott on California Table Grapes
The following persons spoke in favor of the boycott on California
table grapes:
Martin Dunn - 133 Summit Street #13
Barbara Goldman - 198 Buffalo Hill Road, Brooktondale
Susan L. Sosnow - 206 Stewart Avenue
Ithaca Festival
Perri LOPintO, Festival Coordinator and Susan Gould, Assistant
Coordinator of the Ithaca Festival, spoke to Council regarding
the Festival. The Festival is progressing nicely. They
(4ave, presented packets of information to Council members. The
Festival is working very closely with the Ithaca Centennial.
Citizens to Save Stewart Park
Doria Higgins, 2 Hillcrest Drive, read the following statement
to Council on the Festival Lands at Cass Park:
"We were surprised that the clear, undeniable, hard
facts which were presented to you the Council and the Mayor,
in our March 7 memorandum concerning the use of the Festival
Land as the substitute acreage required for the alienation
d' of Inlet Island :end Southwest Parks have made no difference
LO to the City administration in its actions concerning the
alienation.
M Perhaps some of you have not read our statement or not read
Q Mr. Nash's March 1 memorandum about the issue, or perhaps
some of you simply don't comprehend the practical importance
and significance of the facts. It is difficult to believe
that if the facts were understood that the City would not
change its course of action. The City is following a no -win,
dead -end course which is not only wasting the City's own
time but the time of everyone involved. We do not think
it is an exaggeration to say that the course the City is
on could be viewed by some as an outright scam.
Tonight we would like to make our March 7 statement
part of the record and make some additions to it in tonight's
statement. And we would also like to clarify for you the
unavoidable importance of some of the facts involved.
First, the Act of the New York State Legislature which
empowered the City of Ithaca to alienate Inlet Island and
Southwest Parks specifically states that the land offered
by the City as the obligatory substitute acreage 'must be
used for park purposes by the City.' In other words, the
City cannot give the Festival Land to the State Parks as
it plans to do and still fulfill its obligation to the State
of New York because then the Festival Land would not be City
land to be used for park purposes by the City but it would
be state park land with use determined by the State.
Some have argued that it makes no difference if the
land is owned by the City or the State as long as it is park
land. But it makes a big difference in that State Parks
intends to use the land to enlarge Treman Marina. Marina
slots or docks are not routinely available to city residents
or to anyone, they are allotted by lottery. It could be
the case that all of the new docks were won by people
in Alaska, people in Alaska that is rich enough to own boats
and to travel to Ithaca. The Festival Land which is now
available to all in the community, rich and poor alike, would
no longer be available to community residents. That is point
number one.
Point number two is this: there are strong, solid,
legal grounds for thinking that the Festival Land is already
park land. The courts of our state have established legal
precedents that lands publicly used over a period of time
as public park land becomes park land by a process known
as 'implied dedication.' Mr. Nash's March 1 memorandum in
no way at all resolves this question, even though it addresses
it.
80 -6- April 6, 1988
If the Festival Land is park land now, it cannot function
as the obligatory sustitute acreage. And the City Administration
would be taking away from the community not only an inner
City park - -Inlet Island Park - -but would also be taking away
what is a most charming and delightful piece of City park
land -- the Festival Land. In other words, this City Admin-
istration, under the pretense of preserving the status quo,
would be depriving its citizens of two parks. This would
be a most serious breach of the public trust.
We understand that the City is in the process of acquiring
new park land at Six Mile Creek and we most heartily support
this. It is a splendid idea and you are all to be complimented
when it is acquired, but it does not mitigate misuse or abuse
of City park land elsewhere in the City.
Mr. Nash's memorandum cites three of the court decisions
which we had listed in our earlier memorandum to the Mayor
and Common Council.
If you read his memorandum carefully you will note that
there is a, perhaps unwitting, sleight of hand effect in
his presentation of those three cases. He presents two of
them as though he were presenting them as argument that the
Festival Land is not park land. But if you read his wording
carefully you will see that those cases, even as discussed
by him, support the concept of dedication of park land by
the implied dedication of long continued use. In fact, we
became aware of those three court cases which we passed on
to Mr. Nash, in two memoranda - -.one from New York City Parks Depart-
ment and the other from NYS Parks Department, and in both of these
memoranda the three cases discussed by Mr. Nash were presented as
support of the idea that land which has been long used by a community
as park land becomes park land.
The only one of the three cases discussed by Mr. Nash
in which the court decided that the land in question was
not park land was the case of Pearlman v. Anderson. The
memorandum sent to us by the New York City Parks Department
which discusses this same case, says, 'The result may have been
different had there been stronger evidence of continuous
public use sufficient to constitute an implied dedication.'
And this brings us to the new information we would like
to add to our March 7 statement. In that statement we alluded
to all the many members of the community who think the Festival
Land is part of Cass Park and who have continuously over
the years used the Festival Land as park land, including
the charming yearly Kite Festival which is held on the Festival
Land and is advertised in the local media as being held at
Cass Park.
But we did not mention the important fact that the Festival
Land has been maintained over many years by the City Parks
maintenance people as well as by the State Parks maintenance
crew. Until about 5 or 6 years ago all of the Festival Land
was maintained and mowed by the City Park maintenance crew.
At that time a large part of the Festival Land was roughed
up by bulldozers and was not subsequently mowed by City Parks
crews but the rest of the Festival Land continued to be mowed
and maintained by City Parks crews until two years ago, when
the State Parks put in their new sixth pier: at that time
the State maintenance crew took over the task of mowing and
maintaining the Festival Land. So this is point number 3:
the Festival Land, either in part or in whole, has been main-
tained as park land by either City or State Parks maintenance
crews over a number of years and this information came from
the people who did the work - the men on the work crews.
In closing let me say that we are still blessed with
open spaces in the City and still surrounded by hills most
of which still have more trees and meadows than houses.
Perhaps because of this we do not realize how enormously
Irt
-7- April 6, 1988
important public open space and public park space will
increasingly become as the entire area becomes urbanized
and suburbanized. Please do not continue to treat our public
open spaces and public parks with the disregard you have
manifested toward them over the past few years. Let us guard
and preserve and maintain our public parks and let us where
possible add to this precious inventory of park land, not
diminish it."
Ms. Higgins referred to a memorandum that was sent to the
Mayor and Alderpersons on March 7th regarding the use of
the Festival Lands in the alienation of Inlet Island and
Southwest Park.
Parks Commission
Doria Higgins, representing Citizens to Save Stewart Park
read the following statement regarding a Parks Commission:
"As those of you who have seen our proposed plan for
a Parks Commission know we have in general supported the
Trowbridge plan for a Parks Commission. But from the beginning
we have felt that the suggested composition of members was
way overloaded on the side of science and technology.
In view of the two tasks proposed in the resolution
LD to be presented to you tonight for an interim parks commission,
r we think the proposed composition of members is even more
(n of a flaw.
Q One of the two tasks proposed for the interim commission
is to make recommendations to you concerning the organization,
procedures, tasks, responsibilities etc. of the permanent
commission.
For this reason we think it important that you have
more informed generalists on the commission and less techni-
cians. We think you should appoint more members to the Commission
who are familiar with the park as a park, with the park as
it functions in the community, with the park as it functions
on gala occasions with thousands of people such as the Ithaca
Festival and the park as it functions with only a few. You
need a higher proportion of members who have a professional
understanding of the overall beauty and overall aesthetics
of the park. We hope you can modify tonights proposed resolu-
tion to accommodate this suggestion.
Thank you."
Betsy Darli Conservation Advisory Council Chairperson,
spoke to U regarding the resolution on an interim Parks
Task Force. recommended to Council that they add another
expert; a liniiw iogist. Her reason for this recommendation
is because many of the suggestions made in the Stewart Parks foals
and Guidelines concern changes which are dramatic to the
lagoon, Fall Creek and the duck pond.
Nis. Darlington stated that there are really two different
roles that this Parks Task Force would serve. One is to
advise the Department of Public Works with expert advise
on changes which a generalist wouldn't know and the other
is to help set up the permanent Parks Commission. Perhaps
generalist may be better informed regarding the working of
City government.
Route 96
Charles Weaver, 221 Linn Street, spoke to Council regarding
Route 96 and the railroad crossings on the West End. He
urged Council to investigate solutions that can be used for
the problems with the train crossings and be prepared to
act based upon good information properly developed.
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Watts Lot - Re- zoning
Marc Finkelstein, 304 East State Street, urged Council to
table the resolution to re -zone the Watts Lot to R -2b so that
the dialogue may continue regarding this property. He also
asked Council to start thinking about what they are going
to do in terms of zoning with the adjoining sewage treatment
plant site. He believes the neighbors would feel a lot more
comfortable if they felt there was not going to be dense
development on this site. He feels a good solution can be
achieved on the Watts Lot that will satisfy the neighborhood,
will be reasonable to him as a developer, and that will be
a success story as a case study in cooperation rather than
conflict.
Suggestions for Changes in Public Portion of Common Council Meetings
Alan Cohen, 110 Nort Aurora Street, suggested to Council
that they consider for future Council meetings setting a
time limit on speakers and subject matter.
Residential Parking Permit System
David Ruether, 1189 East Shore Drive, spoke to Council regarding
the resolution on tonight's agenda concerning the Residential
Parking Permit System. He is opposed to this resolution.
He also spoke to Council about the speed of trains in the
West End. He does not believe that speeding up the trains
is a good solution.
Cable Franchise
John Efroymson, 420 North Cayuga Street, spoke to Council
regarding the Cable franchise. He asked Council to take
another look at the franchise. He is particularly concerned
about the compliance issues with regard to the community
access channel.
Mutual Housing Development Agreement
Dennis Wille, 201 Third Street, spoke to Council regarding
the Mutual Housing Development agreement. He thanked the
members of Council that helped bring the agreement to this
point.
RESPONSE TO THE PUBLIC:
Alderperson Schlat er stated that under the Landmarks Preser-
vation law that we presently have, the Commission must meet
within 14 days but it need not act on any given request for
45 days and that 45 day period can be extended to 90 days
upon good cause.
Alderperson Nichols, in response to the question of the Festival
Lands, stated that he would like to have a presentation from
the Planning and Development Committee in May to clarify
why we are doing what we are doing.
Alderperson Cummings stated that she would be delighted to
honor Alderperson Nichols' request. It is her understanding
that alienation is not proceeding ahead at full tilt on an
unaltered course but that indeed there are various alternatives
being considered. It has been held up pending seasonal changes
so that wetland determinations can be made regarding Southwest
Park and until that comes about, the committee will not have
any additional information to report but the committee can
do some procedural updating on the matter.
Alderperson Nichols stated that regarding Marc Finkelstein's
remarks, he wanted the media to realize, in the report
of last months meeting there was an indication that the
majority of Council voted to table the motion to re -zone
the Watts Lot. It wasn't very clear that in fact there
is a majority on Council that has indicated that it would
vote to re -zone if it only took a majority vote but in fact
it takes an 8 - 2 vote. Council knew that three members
would oppose it, therefore, the rest of Council voted to table.
19
-9- April 6, 1988
Alderperson Booth stated that the points about the Festival
Lands are well taken and Council needs to look at it very
seriously. He stated that regardless of the legalities of
the question, there is a very important public policy Question
of the whether the City of Ithaca should give up essentially
what is now park land.
Alderperson Booth stated that on the various comments regarding
the Historic District on East Hill, there are some non - conforming
buildings in that district and he has placed on the desks
of Council members a proposed amendment to the resolution
that is on the agenda which he thinks incorporates the findings
of the Landmarks Preservation Commission which should be
in our resolution.
Alderperson Booth referred to the motion he will make regarding
lifting off the table and then re- tabling the Watts Lot resolution.
He does not perceive that there are 8 votes to pass the re- zoning
and the Charter and Ordinance Committee did not feel that
Council should bring this up to a vote if there were not
Lo 8 votes that appear to be present.
d' REPORT OF BOARD OF REPRESENTATIVES:
Joint Meeting Between County and City
Alderperson Lytel asked about a joint meeting between the
M city and county regarding solid waste disposal.
Q County Rep. Stein responded that at the Board of Representatives
meeting on Tuesday night, there was discussion about a possible
joint meetng between the city and the county on ,'Monday, April
18th.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following:
Interim Parks Task Force - The Board of Public Works
(400,� has gone over in detail the proposed resolution of Council
and there are a couple of changes that the Board respectfully
request that Council take into consideration. One is that
the interim task force be appointed for a term of one year
and second that this task force make recommendations to the
Board of Public Works and the Plaiiaing and Development Committee
by February 1,1989 for the permanent Parks Commission. The
Board is sr:? ;fled with the proposed membership structure
of the Into "arks Commission as proposed by the Planning
and Develot ,ommittee.
Erectic:. Signs by Service Organizatons - Service
organizations in the city have requested permission to erect
signs at the entrance of the city. The Board has been grappling
with the problem as requests increase. The Board and the
department is exploring avenues of where to place signs that
will not be unsightly but will benefit the service organizations.
Unfortunately, at this time, the Board has not met with much
success. The Board is comtemplating not having any of the
service organizations signs at the entrance to the city because
of size problems and space problems. Other suggestions that
the Board has had is to be sure that people coming into this
area know to contact the Chamber of Commerce for information
regarding service organizations and their meeting times and
places.
Special Clean -up Day, April 16th - On April 16th, there
will be a special clean -up day throughout the city. The
city crews will be going around on the 16th to pick up the
trash.
Commissioner Reeves answered questions from Council members.
LOIN
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April 6, 1988
Planning and Development Board
Alderperson Killeen reported that the Board is busy developing
language for a new commission; Ithaca Rental Housing Commission,
which should reach the Planning and Development Committee
and possibly Council by May.
REPORT OF CITY CLERK:
r�� ion of P olling Places
person Booth: Seconded by Alderperson Johnson
RESOLVED, That the following be and are hereby designated
as polling places in the City of Ithaca, New York, for the
year 1988:
FIRST WARD
1st
District
Chestnut Street
Alternative Community
School, former West
Hill School
2nd
District
800 S. Plain Street
Titus Towers Housing
3rd
District
626 W. State Street
#6 Fire Station
4th
District
300 W. Court Street
G.I.A.C. Building
Sth
District
Chesnut Street
Alternative Community
School, former West
Hill School
SECOND WARD
lst
District
300 W. Court Street
G.I.A.C. Building
2nd
District
310 W. Green Street
Central Fire Station
3rd
District
S20 Hudson Street
South Hill School
4th
District
310 W. Green Street
Central Fire Station
Sth
District
300 W. Court Street
G.I.A.C. Building
THIRD WARD
lst
District
309 College Avenue
#9 Fire Station
2nd
District
Cornell Street
Belle Sherman Annex
3rd
District
Cornell Street
Belle Sherman Annex
FOURTH WARD
lst
District
635 Stewart Avenue
Noyes Center
2nd
District
402 E. State Street
Challenge Industries
3rd
District
309 College Avenue
#9 Fire Station
FIFTH WARD
1st
District
1012 N. Tioga Street
#7 Fire Station
2nd
District
Corner King & Aurora
Streets
Fall Creek School
3rd
District
309 Highland Road
First Congregational
Church
4th
District
Corner King & Aurora
Streets
Fall Creek School
Discussion followed on the floor regarding renovations that will
be taking place at Central Fire Station. Chief Olmstead
will be meeting with the Alderpersons involved to see what
can be worked out during renovations.
Carried Unanimously
CITY ATTORNEY'S REPORT
Watts Lot Tabling Motion
Alderperson Booth asked City Attorney Nash the procedure
for keeping the re- zoning of the Watts Lot before the Council.
City Atty. Nash responded that it would be best to lift the
resolution from the table then re -table it again. City Atty.
Nash will give Council a definitive answer at next month's
Council meeting.
Cable Franchise
Alderperson Schlather asked City. Atty. Nash if he has received
a response from Jean Rice on the letter that he wrote her
on the cable franchise.
City Atty. Nash responded that he spoke with her on Tuesday.
They had a discussion on the language as far as opting out
of the agreement and what our understandings were and where
we could go on that; nothing conclusive. Hopefully, before
the May Council meeting, all the appendices and the technical
corrections and modifications will be done.
D
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April 6, 1988 85
Alderperson Lytel asked questions about the cable franchise
and requested a meeting of the Cable Negotiating Committee.
Strand Theatre
Alderperson Schlather asked for an update on the Strand Theatre.
City Atty. Nash responded that we are basically trying to
come up with an appropriate procedure to sell it to satisfy
the outstanding monies owed. The last indication that he
had from ARC is that they thought they came before the City
and County taxes but his understanding from the agreement
S years ago is that the taxes came first.
Discussion followed on the floor. City Atty. Nash answered
(111cs t ions f rom Counci I III embors .
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)
Resolution to Lift From Table
LO By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That an ordinance to consider amending the zoning
map of Chapter 30 entitled 'Zoning' of the City of Ithaca
Municipal Code (re- zoning so- called Watts Lot) be lifted
from the table.
Q Carried Unanimously
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. 25 -3 -1, thence northeasterly a distance
of approxir, 264 feet along the south boundary of the
right -of -wa Franklin Street to a point on the northeast
corner of tax parcel number 2S -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 2S -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
2S -3 -1.
(400", 2. That in accordance herewith the City Clerk is.hereby
directed to make or cause to be made the necessary changes
on said zoning map.
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided
in Section 3.11(B) of the Ithaca City Charter.
86
-12- April 6, 1983
Tabling Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the ordinance to consider amending the zoning
map of Chapter 30 entitled 'Zoning' of the City of Ithaca
Municipal Code (re- zoning so- called Watts Lot) be tabled.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Boycott of California Table Grapes
By Alderperson Peterson: Seconded by Alderperson Nichols
WHEREAS, the Ithaca Grape Boycott Committee has requested
the support of the City of Ithaca in a nationwide boycott
of California table grapes in order to bring grape growers
and farm workers to the bargaining table to resolve three
(3) major issues, these being; a ban on S specific pesticides,
joint United Farm Workers /Growers testing programs for pesticide
residue on grapes sold in the stores, and free and fair elections
with good faith bargaining, and
WHEREAS, numerous senators, congress members, labor councils,
city councils, and other organizations, have endorsed the
boycott, and
WHEREAS, the City of Ithaca, has in the past, gone on record
supporting issues of labor, control of pesticide use, and
a healthy environment; now, therefore, be it
RESOLVED, That this Common Council hereby endorses the Cali-
fornia table grape boycott for its duration, and be it further
RESOLVED, That the Council strongly urges the removal of
all fresh California table grapes from the Ithaca community
during the duration of this boycott, and be it further
RESOLVED, That no city department shall purchase California
table grapes for its programs, i.e., receptions, lunches,
or snacks, during the duration of the boycott.
Alderperson Peterson gave background information on the resolution.
Discussion followed on the floor.
Alderperson Romanowski stated for the record that he believes
this is an individual decision. If you agree with it by
all means support the resolution to boycott. If you agree
with it strongly, by all means urge other people to boycott.
However, he does not think it is a decision for Common Council.
fie doesn't think it is appropriate to endorse what essentially
has a political overtone, a labor /management problem. For
this reason and this reason alone, he will not support the
resolution.
Further discussion followed on the floor.
Alderperson Booth stated that he wished to clarify that this
resolution applies only to city departments and not to functions
like the Ithaca Festival where vendors might be selling grapes.
A vote on the resolution resulted as follows:
Ayes (9) - Schlather, Hoffman, Nichols, Cummings, Lytel,
Killeen, Johnson, Peterson, Booth
Nay (1) - Romanowski Carried
PLANNING AND DEVELOPMENT COMMITTEE:
East Hill Local Historic District - Determination of Non-
significance
By Alderperson Cummings: Seconded by Alderperson Booth
WHEREAS, the matter of local designation of the existing
East Hill National Register District has been recommended
-13-
April 6, 1988 87
by the Landmarks Preservation Commission and is currently
under consideration by this Common Council, and
WHEREAS, appropriate environmental review has been conducted,
including the preparation of the Short Environmental Assessment
Form (SEAF) and Long Environmental Assessment Form (LEAF),
and
WHEREAS, it appears that the proposed action
action under the State Environmental Quality
including the Part 617 regulations thereunde
a Type 1 action under the City Environmental
Act (E.Q.R. 36.5(B)(5)), and
is an "unlisted"
Review Act (SEAR),
r, and may be
Quality Review
WHEREAS, it appears that the proposed action will not have
a significant effect on the environment, and will protect
positive visual qualities that contribute to the architectural
and historic character of the East Hill neighborhood; now,
therefore, be it
RESOLVED, That this Common Council, as lead agency in this
LO matter, be and it hereby does adopt as its own the findings
I' and conclusions more fully set forth on the attached SEAF
LD and LEAF and be it further
RESOLVED, That this Common Council, as lead agency, be and
m it hereby does determine that the proposed action at issue
Q will not have a significant effect on the environment, and
that further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of
this negative declaration and the City Clerk be and she is
hereby directed to file a copy of the same, together with
the attachments, in the City Clerk's Office and forward the
same to any other parties as required by law.
Discussion followed on the floor regarding the Environmental
Assessment Forms.
Alderperson Schlather requested that in part 2 of the Environ-
mental Review, section 18, page 9 under the section Impact
on Growth and Character of Community or Neighborhood, the
following ? %,nrds under 'other impacts' be added: "Project
may result increased housing costs" and the impact would
be 'small lerate, considering the neighborhood.'
Alderpersol, h requested that in item 3 on page 2, the
question, 'Wilt there be an effect on any site designated
as a unique natural area or a critical environmental area
by a local or state agency ?', for consistency purposes be
marked 'yes' because we have historic areas listed in our
SEQR Ordinance as critical areas. Then insert the language
'Historic Districts, see item #12.'
Alderperson Schlather asked that on page 10, 'B' be checked
as opposed to 'A'.
No Council members objected to these changes.
A vote on the resolution resulted as follows:
Carried Unanimously
East Hill Local Historic District
By Alderperson Cummings: Seconded by Alderperson Booth
WHEREAS, the East Hill neighborhood of the city contains
the greatest concentration of historically and architecturally
significant residential buildings in Ithaca, and
M•
-14- April 6, 1988
WHEREAS, designation of the East Hill neighborhood as a local
historic district will help protect the positive visual dualities
that contribute to the unique character of that neighborhood,
and
WHEREAS, designation of the East Hill neighborhood as a local
historic district will help stabilize that neighborhood and
will potentially enhance the value of single family homes
in that area, and
WHEREAS, designation of the East Hill neighborhood as a local
historic district will protect the existing character of
that neighborhood, provide support for retention of the
existing housing supply, and encourage investment and rehabili-
tation of the city's older building stock, and
WHEREAS, a number of buildings do exist in the East Hill
neighborhood that are not historically or architecturally
significant but those buildings do not detract significantly
from the overall historical and architectural importance
of that neighborhood when considered as a whole, and
WHEREAS, the architectural and historic significance of the
proposed East Hill Local Historic District was recognized
by National Register Listing of the area in 1986, and
WHEREAS, there presently exist two local historic districts
on East Hill, the East Hill Local Historic District, (1976)
and the Fountain Place Historic District (1974), and
WHEREAS, following the public hearing held on March 14, 1988,
the Ithaca Landmarks Preservation Commission unanimously
recommended expansion of the area of East Hill local designa-
tion to bring the boundaries of the local district into
conformance with the boundaries of the existing East Hill
National Register District, and
WHEREAS, the Planning and Development Board, at the meeting
held on March 22, 1988 voted unanimously to recommend local
designation finding that the proposed district does not conflict
with the master plan, existing zoning, projected public improve-
ments and any plans for renewal of the site and area involved;
now, therefore, be it
RESOLVED, 'That the City of Ithaca Common Council, in accordance
with provisions and procedures set forth in the Landmarks
Preservation Ordinance approves local designation of the
East Hill Historic District, effective April 6, 1988.
Alderperson Cummings gave background information on the resolution.
Discussion followed on the floor.
Alderperson Schlather asked that the procedures used by the
Landmarks Preservation Commission be referred to the Charter
and Ordinance Committee to be codified so that there will
be a guarantee for future generations and property owners.
He asked that the Landmarks Preservation Commission assist
Charter and Ordinance in the endeavor. Council members agreed.
Alderperson Romanowski stated for the record that he has
no quarrel with an individual designation of historical properties.
The restoration and preservation of our historical past is
an important subject to address. His main concern is the
intrusion of a bureaucracy into an individual decision. If
people who are included in this blanket resolution want to
become involved this is an individual decision on their part.
To blanket a whole area because there are a great number
of historically significant structures is, in his opinion,
taking away the individual's rights who do not wish to be
included.
19,
-15-
April 6, 1988 g')
Alderperson Romanowski further stated that the Commission
we have now is extremely sensitive and hard working. They
understand the ramifications of the bureaucracy that can become
involved in this. He does not know what is going to happen
with future Commissions and this might be a real hang -up
for someone wishing to do something in that particular area
with private property. Because of the individual intrusion,
he cannot support this resolution.
A vote on the resolution resulted as follows:
Ayes (9) - Hoffman, Killeen, Lytel, Peterson, Booth,
(400'e, Schlather, Cummings, Nichols, Johnson
Nay (1) - Romanowski
Carried
Interim Parks Task Force
By Alderperson Cummings: Seconded by Alderperson Nichols
WHEREAS, the Stewart Park 1987 Preservation Goals and Guide-
lines call for the establishment of a city -wide Parks
Ln Commission, and
d' WHEREAS, the Board of Public Works and Department of Public
(� Works have made recommendations regarding the establishment
= of a Parks Commission, and
m WHEREAS, there are certain tasks in Stewart Park requiring
Q immediate attention; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized and directed
to appoint upon approval of Common Council an Interim Park
Task Force for a term of no more than 1 year which is to
be composed of five experts in such areas as landscape archi-
tecture, limnology, horticulture, historic preservation,
hydrological engineering, ornithology, and ecology; two at
(woe large representatives, one Department of Public Works staff
member and one Board of Public Works member, and be it further
RESOLVED, That the Task Force is to serve until a permanent
Parks Commission is appointed; and shall be charged with
the following:
1) To advise the Department of Public Works in
(__.,:Tying out work items specified on pages 17 and
I the Stewart Park Preservation Goals and Guide-
and in planning for future activities as described
is Goals and Guidelines.
2) To maize recommendations to Common Council within
six months, if possible, on a permanent Parks
Commission for the City of Ithaca -- the recommendations
to include membership, terms of office, relationship
to existing Boards and departments, powers, tasks,
appointment procedures, and other areas as they
see fit.
Discussion followed on the floor.
Amending Resolution
By Alderperson Nichols: Seconded by Alderperson Johnson
(600.1 RESOLVED, That item #2 of the resolution read as follows:
"To make recommendations to the Board of Public Works and
the Planning and Development Committee of Common Council
by February 1, 1989, on a permanent Parks Commission, etc..."
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Carried Unanimously
-16-
April 6, 1988
90 Discussion on the Main Motion continued on the floor.
Amending Resolution
By Al erperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That at the end of the first Resolved the following
words be added, "Seven of these nine appointees shall reside
in the City of Ithaca, and be it further"
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Ayes (5) - Schlather, Romanowski, Cummings, Booth, Hoffman
Nays (5) - Killeen, Lytel, Peterson, Johnson, Nichols
Motion Fails
Amending Resolution
By Alderperson Nic}iols: Seconded by Alderperson Cummings
RESOLVED, That at the end of the first Resolved, the following
words be added, "Five of these nine appointees shall reside
in the City of Ithaca, and be it further"
A vote on the amendment resulted as follows:
Ayes (8) - Cummings, Nichols, Peterson, Johnson, Booth,
Hoffman, Killeen, Lytel
Nays (2) - Romanowski, Schlather
Carried
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Booth
RESOLVED, That the number of experts in the first Resolved
be four, and that the number of at -large representatives
be four.
A vote on the amendment resulted as follows:
Ayes (7) - Lytel, Cummings, Nichols, Booth, Hoffman,
Peterson, Johnson
Nays (3) - Killeen, Schlather, Romanowski
Carried
Main Motion as Amended
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
Recess
Common Council recessed at 10:45 p.m. and reconvened in Regular
Session at 11:05 p.m.
Disposition of Annex and Fire Station #S
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the Common Council of the City of Ithaca by resolution
duly adopted at its regular meeting on October 7, 1987, did
declare the City Hall Annex at the corner of Cayuga and Green
Streets and Fire Station #5 on East State Street as surplus
property; and did authorize the Ithaca Urban Renewal Agency
and its Executive Director to solicit proposals for the sale
of the Annex and Fire Station #S, to evaluate said proposals
according to stated criteria of purchase price, proposed
reuse and appropriateness of any planned alterations to the
exterior of the structures and recommend to Common Council
its selection of purchaser for Council's review and action,
and
WHEREAS, the Ithaca Urban Renewal Agency did duly solicit
and evaluate proposals for the sale of the Annex and Fire
Station #5 and did recommend the sale of the City Hall Annex
-17-
April 6, 1988 91
to Charles Schlough for the sum of $215,000.00, according
to the terms and conditions of his proposal dated February
1, 1988, and did recommend the sale of Fire Station #S to
Harvey Ferdschneider and Anne Trovinger for the sum of
$80,000.00, according to the terms and conditions of their
proposal dated February 1, 1988, and
WHEREAS, the full value of Fire Station #5 is $76,000.00 and
the full value of the City Hall Anex is $210,000.00, both
values having been determined by appraisals prepared for
the City; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
accepts the recommendations of the Ithaca Urban Renewal Agency
and its Executive Director and directs that appropriate
notification of the proposed sale of said properties be made
in compliance with City Charter Section 3.10(40) so that
Common Council can consider actual sale of the City Hall
Annex and Fire Station #5 to the persons and upon the conditions
as noted at its regular meeting on June 8, 1988.
LD Alderperson Cummings gave background information on the resolution
and explained the interview process and the criteria for
selection of a buyer.
Director of Planning and Development Van Cort responded to
M questions from Council members.
Q
Resolution to Table
By Alderperson Booth: Seconded by Alderperson Schlather
RESOLVED, That the resolution on the disposition of the City
Hall Annex and Fire Station #S be tabled to give the Ithaca
Urban Renewal Agency time to provide greater justification
for the differences in the bid amount.
Ayes (3) Schlather, Romanowski, Booth
(moo" Nays (7) I,ytel, Hoffman, Killeen, Peterson, Cummings,
Nichols, Johnson
Motion Defeated
Further discussion followed on the floor.
Michael Pichel, Attorney for Mr. William Lower, spoke to
Council on 1,ehalf of his client and responded to questions
from Counci
Alderperson )Is wished to clarify for the record that
he thinks ti iposals were dealt with fairly and he is
prepared to support the resolution.
Alderperson Schlather stated that his opposition to this
proposal is not a reflection on the quality of the proceedings
that preceeded it, but he thinks that as a matter of policy,
and a matter of what is good for the city, that the proposal
that is being recommended is not the sensible and prudent
one. He therefore will not support the resolution.
Main Motion
A vote on the Main Motion resulted as follows:
(44� Ayes (7) - Nichols, Johnson, Cummings, Peterson, Hoffman,
L Killeen
Nays (3) - Schlather, Romanowski, Booth
Carried
INHS Mutual Housing Development Agreement
Resolution to Lift From Table
By Alderperson Cummings: Seconded by Alderperson Schlather
RESOLVED, That the resolution on the INHS Mutual Housing
Development Agreement be lifted from the table.
Carried Unanimously
92
-15- April 6, 1988
WHEREAS, the City of Ithaca and Ithaca Neighborhood Housing
Services, Inc. (INNS) have cooperatively engaged in programs
to improve housing conditions and housing affordability in
the City of Ithaca, and
WHEREAS, INNS 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 INNS to further the development of affordable housing,
and
WHEREAS, INNS 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 explained that the proposal had been
sent back to IURA. After lengthy discussion their questions
were answered.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
Recycling Education Coordinator Travel Funds
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That this Common Council approves the request of
the Recycling Education Coordinator to attend the North
American 88 Conference, to be held in Toronto, Ontario, April
27 -29, and be it further
RESOLVED, That $48S be transferred
to the Recycling Account A8161 -440,
cover the necessary expenses.
from Account A1990, Contingency,
Staff Development, to
Carried Unanimously
Cass Park Petty Cash
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Cass Park Petty Cash Fund be increased
from $200 to $300, as requested by the Acting Youth Bureau
Director.
Carried Unanimously
Bus Operating Assistance
By Alderperson Schlather: Seconded by Alderperson Romanowski
WHEREAS, the City of Ithaca has submitted a request for a
grant of funds to the New York State Department of Transportation
and the United States Department of Transportation, pursuant
to Section 18 of the Urban Mass Transportation Act of 1964,
as amended, for a project to provide operating assistance
funds for transportation services within the City of Ithaca
and partly in two adjoining municipalities, provided by the
City of Ithaca Transit System for fixed route, scheduled,
open and available to the general public during the period
January 1, 1988 to December 31, 1988 (PIN 3797.20.406); now,
therefore, be it
i
-19- April 6, 1988
RESOLVED, That Mayor John C. Gutenberger be authorized to
sign the Agreement between the City of Ithaca and the State
of New York for the above named project, and be it further
RESOLVED, That Mayor John C. Gutenberger is authorized to
act on behalf of the City of Ithaca to progress and complete
this above named project.
Carried Unanimously
Acting Police Chief
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That this Common Council approve the appointment
of Walter Pagliaro as Acting Police Chief, effective March
28, 1988, with a ten percent increase in salary, on top of
me his base pay, during the time that he is Acting Police Chief.
Carried Unanimously
D.P.W. Personnel Roster
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the 1988 Authorized Personnel Roster of the
Department of Public Works be amended as follows:
Lo Add - one Senior Typist Position - 40 hours
- one Working Supervisor Position - 40 hours
Delete - one Senior Stenographer Position - 35 hours
- one Working Supervisor Position - Part Time
(o Carried Unanimously
d File Cabinet For Alderpersons
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That one legal size, five - drawer file cabinet be
purchased for use by all Alderpersons, at a cost not to exceed
$100.
Amending Resolution
By Alderperson Nichols: Seconded by Alderperson Hoffman
RESOLVED, That the amount for the filing cabinet be changed
from $100. to $200.
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes (6) - Killeen, Lytel, Nichols, Johnson, Booth,
Hoffman
Nays + Cummings, Peterson, Schlather, Romanowski
Carried
Main Motion Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) - Killeen, Lytel, Nichols, Johnson, Booth,
Hoffman
Nays (4) - Cummings, Peterson, Schlather, Romanowski
Carried
Audit
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the bills presented, as listed on Audit Abstract
#6/1988, in the total amount of $31,045.71, be approved for
(6woel
payment.
Carried Unanimously
Assessment Roll Correction
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the 1988 Tax Roll for the City of Ithaca included
property known as Tax Map Number 64 -2 -31, owned by Student
Agencies Property, Inc., and
93
94 -20- April 6, 1988
WHEREAS, pursuant to Section SS4 (sub.4A), of the Real Property
Tax Law, the Director of Assessments
has investigated an
application for the correction of an
error in essential fact
filed by Student Agencies Property,
Inc., and
WHEREAS, said investigation revealed
that the building was
demolished prior to March 1, 1987, and
WHEREAS, the Director of Assessments
recommends that the
assessed value be reduced from $125,600
to $30,500; now,
therefore, be it
RESOLVED, That the 1988 Tax Roll for
the City of Ithaca be
Number 64 -2 -31
amended to reduce the assessment of
Tax Map
from $125,600 to $30,500, and be it
further
RESOLVED, That the City Chamberlain 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
Finance Department Principal Account Clerk
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the Finance Department has reviewed and updated
the job description of the position of one Senior Account
Clerk, and
WHEREAS, the Civil Service Commission has been requested
to review and approve the Position Duty Statement to be appro-
priate for the title of Principal Account Clerk (Payroll), and
WHEREAS, Ms. Roxie Hubbard, the incumbent Senior Account
Clerk has passed the required Civil Service testing and is
qualified to fill the position of Principal Account Clerk
(payroll); now, therefore, be it
RESOLVED, That the position of one Senior Account Clerk in
the Finance Department be designated as Principal Account
Clerk (Payroll), and be it further
RESOLVED, That Ms. Roxie Hubbard be promoted to the title
of Principal Account Clerk (Payroll), with an annual salary
of $16,920, that being Step 10 on the 1987 C.S.E.A.- Adminis-
trative Unit Contract, effective April 11, 1988, subject
to approval by the Civil Service Commission of the Position
Duty Statement.
Carried Unanimously
Cass Park Pool
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That this Common Council approves the request of
the Acting Youth Bureau Director for equipment and personnel
needed as a result of New York State Mandated Regulations
governing the operation of a swimming pool, and be it further
RESOLVED, That $6,935 be transferred from Account A1990,
Contingency, to the Youth Bureau Account A7310 -120, Seasonal
Labor, for $5,490, and A7310 -225, Other Equipment, for $1,465,
and be it further
RESOLVED, That the City Attorney review the State Mandated
Regulations and appeal process prior to transfer of these
funds.
Youth Bureau Personnel Roster
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Personnel Roster of the
Youth Bureau be amended as follows:
RESOLVED, i amount not to exceed $2,000 be transferred
within the Anel Department Budget from Account A1430 -430,
Fees for Prot..,ional Services, to Account A1430 -210, Office
Equipment.
Carried Unanimously
Labor Negotiator Agreement
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Agreement between the City of Ithaca and
William Stratton, for professional services in the field
of labor negotiations (Chief Officer's Association), arbitration
and other assistance, be approved for the period June 1,
1988 to December 31, 1988, at a cost not to excced $2,500,
and be it further
RESOLVED, That the Mayor and City Clerk be authorized to
sign such Agreement on behalf of the City, subject to review
by the City Attorney as to form and content.
Carried Unanimously
95
-21- April 6, 1988
Add - one Administrative Assistant Position
(Financial Management) - 35 Hours
- one Senior Stenographer Position - 35 Hours
- one Assistant Recreation Supervisor
Position - 40 Hours
Delete - one Administrative Secretary Position - 35 Hours
- one Principal Account Clerk Position - 35 Hours
one Recreation Leader Position - 40 Hours
and be it further
RESOLVED, That the Assistant Recreation Supervisor Position
be added to the 1988 C.S.E.A. - Administrative Unit Compensation
Plan, at $16,101 - $21,188, and be it further
RESOLVED, That the Administrative Assistant Position be added
to the 1988 C.E.S.A. - Administrative Unit Compensation Plan,
at $13,574 - $17,863. Carried Unanimously
Cliff Street Rehabilitation
By Alderperson Schlather: Seconded by Alderperson Romanowski
WHEREAS, a preliminary plan for the rehabilitation of Cliff
LO
Street has been presented and accepted by the Board of Public
d-
Works, and
LD
T
WHEREAS, funding for this project was approved and placed
in Restrictive Contingency in the 1988 Budget; now, therefore,
M
be it
Q
RESOLVED, That this Common Council approves the release of
$150,000 from Account A1990, Contingency, and that $100,000
be transferred to Highway Account A5111 -487, Machine Paving,
and $50,000 to A5111 -488, Gravel Basing, and be it further
RESOLVED, That the question of sidewalk charges to abutting
property owners be referred to the Charter and Ordinance
Committee.
Carried Unanimously
Personnel Department Equipment
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the 1988 Authorized Equipment List of the
Personnel Department be amended to include the purchase of
an Olivetti Secretarial Work Station, at a cost not to exceed
$2,000, as requested by the Personnel Administrator, and
be it furt h..- -
RESOLVED, i amount not to exceed $2,000 be transferred
within the Anel Department Budget from Account A1430 -430,
Fees for Prot..,ional Services, to Account A1430 -210, Office
Equipment.
Carried Unanimously
Labor Negotiator Agreement
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Agreement between the City of Ithaca and
William Stratton, for professional services in the field
of labor negotiations (Chief Officer's Association), arbitration
and other assistance, be approved for the period June 1,
1988 to December 31, 1988, at a cost not to excced $2,500,
and be it further
RESOLVED, That the Mayor and City Clerk be authorized to
sign such Agreement on behalf of the City, subject to review
by the City Attorney as to form and content.
Carried Unanimously
95
9 E►
-22- April 6, 1988
Water Capital Project
By Alderperson Schlather: Seconded by Alderperson Nichols
RESOLVED, That this Common Council hereby establishes a Capital
Project, to be known as "Water Supply System Improvements ",
at a cost of $1,000,000, as requested by the City Engineer.
Carried Unanimously
Tompkins County Dispatch Operations
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That this Common Council reaffirms its commitment
to provide space and utilities for the operation of the County-
wide Emergency Control Center at Central Fire Station.
Carried Unanimously
Cable Franchise Agreement Public Hearing
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the City Clerk be authorized and directed
to advertise for a Public Hearing on the proposed Cable Franchise
Agreement to be held by Common Council on May 4, 1988, at
7:00 p.m., in the Common Council Chambers, 108 East Green
Street, Ithaca, New York.
Discussion followed on the floor. Council members asked
that Attorney Nash provide a summary of the Agreement for
the public. Alderperson Lytel asked that the Council be
invited to meet with the Cable Negotiating 'Team in the next
few weeks to try and iron out any problems with the franchise.
It was further suggested that per s.the public c-puhd be
invited to that meeting for their input.
A vote on the resolution resulted as follows:
Carried Unanimously
C.S.E.A. Administrative Unit Agreement
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Agreement between the City of Ithaca and
the Ithaca Unit of the Civil Service Employees Association,
Inc. - Administrative Unit, for a new two -year contract,
commencing January 1, 1988 and expiring December 31, 1989,
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
C.S.E.A. D.P.W. Agreement
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Agreement between the City of Ithaca and
the Ithaca Unit of the Civil Service Employees Association,
Inc.- D.P.W. Unit, for a new three -year contract, commencing
January 1, 1988 and expiring December 31, 1990, 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
Paid Firefighter's Association Agreement
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the Agreement between the City of Ithaca and
the Paid Firefighter's Association, Local 737, for a new
two -year contract, commencing January 1, 1988 and expiring
December 31, 1989, 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
O
-23- April 6, 1988
Employees Not Covered by Contract
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That all City employees not covered by a formal
contract, excluding positions designated as management, be
granted increases and fringe benefits in accordance with
the following:
Positions designated as confidential and the
unrepresented titles of Administrative Assistant
to the Mayor, Administrative Secretaries, Golf
Course Manager, Ithaca Activities Cultural
Coordinator, Senior Stenographer (Personnel Office)
and the Confidential Secretary to the City Attorney
shall be treated as if they were members of the
C.S.E.A. - Administrative Unit.
Carried Unanimously
Carried Unanimously
Youth Bureau Administrative Assistant
By Alderperc�!, Schlather: Seconded by Alderperson Killeen
RESOLVED, )bin Meskimen be provisionally appointed
to the pos. f Administrative Assistant - Financial Manage-
ment, with :ry of $15,880, that being Step 5 on the
1988 C.S.E.1_ administrative Unit Compensation Plan, effective
April 11, 1988.
Carried Unanimously
Police Department Senior Account Clerk Typist
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That Karen Fowler be appointed to the position
of Senior Account Clerk Typist in the Police Department,
with a salary of $14,192, that being Step 3 on the 1988 C.S.E.A.
Administrative Unit Compensation Plan, effective April 11,
1988.
PLANNING AND DEVELOPMENT COMMITTEE: Carried Unanimously
(400", Labor Coordinator Proposal
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has set aside funds in its 1988
budget to contract for the services of a Labor Coordinator,
and
WHEREAS, the Tompkins - Cortland Labor Coalition has submitted
a proposal which specifies the proposed duties and qualifications
for the Labor Coordinator. and
9'7
Management Employee Compensation
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED,
That management employees not covered by a formal
contract,
including the City Attorney, Assistant City Attorney
(n
and City
Prosecutor, be granted a 51% increase across the
I.
board over
their 1987 salary for the year 1988, effective
LD
with the
first pay period of 1988.
Carried Unanimously
Executive
Association Representation
Q
By Alderperson
Schlather: Seconded by Alderperson Hoffman
RESOLVED,
That the position of Deputy Building Commissioner
be added
to the Executive Compensation Plan at Grade 2
($28,970
- $36,569) and be afforded all the rights and privi-
leges of
representation by the City Executive Association.
Carried Unanimously
Executive
Association Representation
By Alderperson
Schlather: Seconded by Alderperson Hoffman
RESOLVED,
That the position of Chief Water Treatment Plant
Operator
(Type IA Plant) be added to the Executive Compensa-
tion Plan
at Grade 1 ($26,937 - $32,833) and be afforded
all the rights
and privileges of representation by the City
Executive
Association.
Carried Unanimously
Youth Bureau Administrative Assistant
By Alderperc�!, Schlather: Seconded by Alderperson Killeen
RESOLVED, )bin Meskimen be provisionally appointed
to the pos. f Administrative Assistant - Financial Manage-
ment, with :ry of $15,880, that being Step 5 on the
1988 C.S.E.1_ administrative Unit Compensation Plan, effective
April 11, 1988.
Carried Unanimously
Police Department Senior Account Clerk Typist
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That Karen Fowler be appointed to the position
of Senior Account Clerk Typist in the Police Department,
with a salary of $14,192, that being Step 3 on the 1988 C.S.E.A.
Administrative Unit Compensation Plan, effective April 11,
1988.
PLANNING AND DEVELOPMENT COMMITTEE: Carried Unanimously
(400", Labor Coordinator Proposal
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has set aside funds in its 1988
budget to contract for the services of a Labor Coordinator,
and
WHEREAS, the Tompkins - Cortland Labor Coalition has submitted
a proposal which specifies the proposed duties and qualifications
for the Labor Coordinator. and
9'7
tiR
-24-
April 6, 1988
WHEREAS, the Tompkins- Cortland Labor Coalition has offered
to hire and supervise the Labor Coordinator; now, therefore,
be it
RESOLVED, That the City of Ithaca does hereby accept the
proposal (attached to Minute Book) for the position of Labor
Coorindator Services that has been submitted by the Tompkins -
Cortland Labor Coalition, and be it further
RESOLVED, That the Mayor is hereby authorized and directed
to enter into a contract with the Tompkins - Cortland Labor
Coalition to hire and supervise the Labor Coordinator in
accordance with the terms of the proposal submitted by the
Labor Coalition.
Discussion followed on the floor.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That the third objective and the tasks that go
with it be striken.
Ayes (4) - Schlather, Romanowski, Booth, Hoffman
Nays (6) - Nichols, Johnson, Peterson, Cummings, Lytel,
Killeen
Motion Defeated
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (7) - Nichols, Johnson, Hoffman, Peterson, Lytel,
Killeen, Cummings
Nays (3) - Schlather, Booth, Romanowski Carried
Cherry Street Industrial Park, Final Lease Approval, Precision
Filters
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land
Disposition Procedure, the Ithaca Urban Renewal Agency has
followed an accepted method of solicitation of sponsors for
tenancy in the Cherry Street Industrial Park, and
WHEREAS, the qualifications of respondents have been examined
pursuant to Section 1(c) of said procedure, and
WHEREAS, the Cherry Street
to encourage the retention
industries, and
Industrial Park was developed
and expansion of local area
WHEREAS, Precision Filters, Inc. is at present a tenant of
the Cherry Street Industrial Park and desires to acquire
an additional parcel of 2.0 +1- acres on the east side of
the park to accommodate its expansion needs, and
WHEREAS, said 2.0 +/- acre parcel shall replace the +/ -.8
acre parcel approved by Common Council for lease to Precision
Filters on May 1, 1985, with said +/.8 acre parcel made available
for lease to another firm, and
WHEREAS, the Ithaca Urban Renewal Agency and Common Council
have reviewed the terms of the proposed lease /sale agreement;
now, therefore, be it
RESOLVED, That Common Council does hereby concur with the
designation of Precision Filters as a qualified sponsor for
an additional 2.0 +1- acres in the Cherry Street Industrial
Park and does accept the terms of the proposed lease /sale
agreement, and be it further
I WE
-2S-
April 6, 1988 99
RESOLVED, That this disposition is in accordance with applicable
state law and with the city's Urban Renewal Land Disposition
Procedure, and in accordance with the terms specified is
in furtherance of the Urban Renewal Plan and in the best
interest of the City of Ithaca, and be it further
RESOLVED, That the Mayor be and hereby is authorized and
directed, upon advice of the City Attorney to execute for
the City of Ithaca any and all instruments necessary for
the effectuation of this land disposition.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Schlather, Romanowski, Cummings, Lytel, Hoffman,
Peterson, Johnson, Killeen
Nays (2) - Booth, Nichols
Carried
Cherry Street Industrial Park, Final Lease Approval, Vector
L0 Magnetics
I. By Alderperson Cummings: Seconded by Alderperson Killeen
LD WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land
Disposition Procedure, the Ithaca Urban Renewal Agency has
followed an accepted method of solicitation of sponsors for
(� tenancy in the Cherry Street Industrial Park, and
Q WHEREAS, the Ithaca Urban Renewal Agency has examined the
qualifications of respondents and evaluated their responses
per Section 1(c) of said procedure, and
WHEREAS, the Urban Renewal Agency has establised the eligibility
of Vector Magnetics for tenancy in the Park and has designated
them a preferred sponsor, and
WHEREAS, The Agency and Planning and Development Committee
has reviewed the terms of the proposed lease /sale agreement;
now,. there Fore, be it
RESOLVED, That Common Council does hereby concur with the
designation of Vector Magnetics as a qualified sponsor for
+/ -.8 acres in the Cherry Street Industrial Park, and gives
final approval to the terms of the proposed lease /sale agree-
ment, and be it further
RESOLVED, That this disposition is in accordance with applicable
state law and with the City's Urban Renewal Land Disposition
Procedure, and in accordance with the terms specified, is
in furtherance of the Urban Renewal Plan and is in the best
interest of the City of Ithaca, and be it further
(600" RESOLVED, That the Mayor be and hereby is authorized and
directed, upon advice of the City Attorney and Director of
Planning and Development, to execute for the City of Ithaca
any and all instruments necessary for effectuation of this
land disposition.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
WHEREAS, the
Cherry Street
Industrial Park was developed
to encourage
the retention
and expansion of local area indus-
tries, and
WHEREAS, Vector
Magnatics,
Inc. desires to acquire a parcel
of +/ -.8 acres
on the west
side of the park to accommodate
its expansion
needs, and
WHEREAS, the Urban Renewal Agency has establised the eligibility
of Vector Magnetics for tenancy in the Park and has designated
them a preferred sponsor, and
WHEREAS, The Agency and Planning and Development Committee
has reviewed the terms of the proposed lease /sale agreement;
now,. there Fore, be it
RESOLVED, That Common Council does hereby concur with the
designation of Vector Magnetics as a qualified sponsor for
+/ -.8 acres in the Cherry Street Industrial Park, and gives
final approval to the terms of the proposed lease /sale agree-
ment, and be it further
RESOLVED, That this disposition is in accordance with applicable
state law and with the City's Urban Renewal Land Disposition
Procedure, and in accordance with the terms specified, is
in furtherance of the Urban Renewal Plan and is in the best
interest of the City of Ithaca, and be it further
(600" RESOLVED, That the Mayor be and hereby is authorized and
directed, upon advice of the City Attorney and Director of
Planning and Development, to execute for the City of Ithaca
any and all instruments necessary for effectuation of this
land disposition.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
-26-
April 6, 1988
100 Ayes (9) - Booth, Schlather, Killeen, Peterson, Lytel,
Hoffman, Cummings, Romanowski, Johnson
Nay (1) - Nichols
Carried
Residential Parking Permit System Enabling Legislation, Home
Rule Message
By Alderperson Cummings: Seconded by Alderperson Johnson
WHEREAS, The Common Council of the City of Ithaca has determined
that the implementation of a Residential Parking Permit System
is an important step toward the resolution of parking and
traffic congestion problems in the City of Ithaca, and
WHEREAS, the Common Council has authorized the preparation
and submission of proposed legislation that will give the City
of Ithaca the authority to implement a Residential Parking
Permit System, and
WHEREAS, a bill to provide for the implementation of a Residential
Parking Permit System has been drafted by the Planning and
Development staff and the City Attorney, and
WHEREAS, said bills has been introduced in the Assembly and
in the Senate; now, therefore, be it
RESOLVED, That Common Council does hereby affirm its approval
and support for State Assembly Bill Number A3976 and State
Senate Bill Number S2923, and be it further
RESOLVED, That Common Council does hereby request the approval
of said bills by the New York State Legislature, and be it
further
RESOLVED, That the Mayor and City Clerk are authorized to
prepare and forward the necessary Home Rule Message to the
Legislature.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Romanowski, Lytel,
Hoffman, Peterson,
Nay (1) - Nichols
Killeen, Cummings, Schlather,
Johnson, Booth
Carried
Alderperson Nichols remarked for the record that he voted
against the resolution as he has seen no practical plan that
would work in the East Hill area.
Hydropower Commission
Membership Appointment to Commission
By Alderperson Hoffman: Seconded by Alderperson Cummings
RESOLVED, That Theresa Araneo and James P. Dennis be appointed
as Community -At -Large members to the Hydropower Commission,
as recommended by the Chairperson of the Planning and Development
Committee.
Discussion followed on the floor regarding the Hydropower
Commission and the goals of this commission.
A vote on the resolution resulted as follows:
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
Environmental Assessment for Front Yard Parking Regulations
By Alderperson Booth: Seconded by Alderperson Schlather
WHEREAS, the matter of amending the Zoning Ordinance so as
to change the regulations for front yard parking are currently
under consideration by this Common Council, and
-27- April 6, 1988 101
WHEREAS, appropriate environmental review has been conducted,
including the preparation of a Short Environmental Assessment
Form (SEAF) and Long Environmental Assessment Form (LEAF),
and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Qaulity Review Act (SEAR),
including the Part 617 regulations thereunder, and may be
a Type 1 action under the City Environmental Quality Review
Act (E.Q.R. §36.5(B)(S)), and
WHEREAS, it appears that the proposed action will not have
a significant effect on the environment, and will promote
better control of parking in the front yards of residences
and businesses, now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, be and it hereby does adopt as its own the findings
and conclusions more fully set forth on the SEAF and LEAF,
and be it further
(O RESOLVED, That this Common Council, as lead agency, be and
NT it hereby does determine that the proposed action at issue
LO will not have a significant effect on the environment, and
that further environmental review is unnecessary under the
circumstances, and be it further
m
Q RESOLVED, That this resolution shall constitute notice of
this negative declaration and the City Clerk be and she is
hereby directed to file a copy of the same, together with
the attachments, in the City Clerk's Office and forward the
same to any other parties as required by law.
Carried Unanimously
Front Yard Parking Regulations
By Alderperson Booth: Seconded by Alderperson Schlather
WHEREAS, the Common Council of the City of Ithaca desires
to maintain the aesthetic quality of residential neighborhoods
while at the same time providing for the development of
adequate off - street parking areas, and
WHEREAS, existing off - street parking conditions in parts
of the City of Ithaca demand that the design of off- street
parking areas be better regulated, and
WHEREAS, t'
the City'
design stai .
now, therefore,
RESOLVED, That
nance number 88
in front yards.
ter and Ordinance Committee has evaluated
For off - street parking, examined different
And heard comments from concerned citizens;
be it
this Common Council does hereby approve ordi-
amending regulations governing parking
ORDINANCE NO. 88 -
AN ORDINANCE AMENDING PARAGRAPH A(S) OF SECTION 30.37 OF
CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL
CODE.
(Woel BE IT ORDAINED AND ENACTED by the Common Council of
the City of Ithaca, New York, as follows:
SECTION 1. AMENDING PARAGRAPH A(S) OF SECTION 30.37.
1. That Paragraph A(S) of Section 30.37 is hereby amended to
delete the existing language and diagram of Paragraph
A(S) and to add the following new language and diagram
to read and provide as follows:
1.0 2
-28-
April 6, 1988
"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 drive-
ways leading to garages and parking areas.
d. All parking areas, incuding 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 cuts shall be made unless a permit has first
been obtained from the City Clerk after approval by
the City Engineer.
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 in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Carried Unanimously
* SEE NEXT PAGE FOR DIAGRAM (PARKING IN FRONT YARDS)
-29-
I � j
I -
I
I �
I �
Lf)
2
I (�
i
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i
i
I
I
I a I I
IN ALL RESIDENT_IA_L- -- -
DISTRICTS
IF LOT WIDTH IS 50 FEET
OR LESS, PARKING IN FRONT
YARD PERMITTED ONLY IN A
DRIVEWAY NOT MORE THAN 12
FEET WIDE. SEE SECTION
30.37 (A) (S) (b) .
April 6, 1988 103
NO PARKING PARALLEL
TO THE STREET PERMITTED
WITHIN 5 FEET OF SIDE-
WALK EDGE OR 10 FEET OF
STREET EDGE.
IN ALL RESIDENTIAL
DISTRICTS
IF LOT WIDTH IS GREATER
THAN 50 FEET, PARKING
IN FRONT YARD MAY NOT
COVER MORE THAN 2S%
OF THE TOTAL AREA OF
THE FRONT YARD. SEE
SECTION 30.37(A)(5)(c).
ILLUSTRATION XVII
PARKING IN FRONT YARDS
104
-30-
April 6, 1988
An Ordinance Regulating Smoking in Public Places and Work
Places
Alderperson Booth reported that bills have been introduced
in both Houses of Legislature dealing with smoking. They do
not agree with each other and there are some significant
differences. It is not clear if the State Legislature will
reach closure on this issue this year.
Alderperson Booth stated that the City's schedule is to hold
a public meeting in May regarding the issue.
Non -Park Uses of City Park Lands
Alderperson Booth stated that the Charter and Ordinance Committee
has asked the Board of Public Works to prepare a listing
of non -park uses of city park land and the committee will
be reporting back to Council on that matter.
Rules of Procedure Governing the Mayor's Appointments to
Any Office, Board, Commission, or Committee for Which Common
Council Approval is Required
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLVED, That the procedure for making appointments to any
office, board, commission, or committee for which the approval
of the Common Council is required or sought shall be as follows:
1. The Mayor shall give written notice of the proposed
appointment to the members of the Common Council
at least seven (7) days in advance of the Council
meeting at which Council action is requested.
2. The written notice shall include reasonably sufficient
information about the nominee to justify the proposed
appointment.
3. If procedures (1) and (2) above are not followed,
the objection of any one Council member, who shall
not be required to offer any reason or explanation
for the objection, shall cause the proposed appoint-
ment to be tabled until the next meeting of the Common
Council.
4. Upon the unanimous consent of the entire Common Council,
the procedure specified in 1, 2, and 3 above may
be waived in any particular instance.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Rules of Procedure Governing Common Council Meetings
By Alderperson Booth: Seconded by Alderperson Nichols
RESOLVED, That the regular meetings of Common Council shall
recess at 11:30 p.m. until 7:30 p.m. of the following day.
At any time after 11:15 p.m. a motion to extend the time
for recess shall be in order. Such a motion must specify
the new time for recess.
Discussion followed on the floor.
Amending Resolution
By Alderperson Lytel: Seconded by Alderperson
RESOLVED, That the recess time be changed from
to 12:00 midnight and the time for a motion to
time be changed from 11:15 to 11:45 p.m.
Ayes (6) - Lytel, Nichols, Booth, Killeen,
Nays (4) - Schlather, Johnson, Cummings, P
Hoffman
11:30 p.m.
extend the recess
Hoffman, Romanowski
eterson
Carried
-31-
April 6, 1988 105
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Killeen
RESOLVED, That the starting time for Common Council meetings
be changed from 7:30 p.m. to 7:00 p.m.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (S) - Nichols, Booth, Killeen, Peterson, Hoffman
Nays (S) - Schlather, Romanowski, Johnson, Lytel, Cummings
Ce Mayor Gutenberger voted Aye, breaking the tie.
Carried
Designation of Official Meeting Dates for Common Council
- Resolution in Anticipation of Formal Proposal for Common
Council Consideration at its May 1988 Meeting
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That the official meetings of Common Council shall
be held on the first Wednesday and the following Thursday
of each month, and the City Clerk, in consultation with the
Ln Mayor, shall divide the business of Common Council into two
I- agendas of approximately equal length, combining subject
LO matters where appropriate.
Discussion followed on the floor.
m
< A vote on the resolution resulted as follows:
Ayes (4) - Schlather, Cummings, Killeen, Johnson
Nays (6) - Booth, Nichols, Peterson, Hoffman, Lytel,
Romanowski
Motion Defeated
HUMAN SERVICES COMMITTEE:
Criteria for Funding for Agencies Other Than Human Services
(600" By Alderperson Peterson: Seconded by Alderperson Booth
WHEREAS, the City of Ithaca has in the past appropriated
funds to private agencies for cultural enrichment, economic
promotion, and other purposes aside from human services, and
WHEREAS, the Common Council intends that all such requests
be subject to a standardized review process; now, therefore,
be it
RESOLVED, T review committee consisting of three Common
Council mc: ppointed by the Mayor and assisted by the
staff of ti ning Department and Finance Department,
be establish,-Li i review all private 1989 requests for non -
mandated City funding that are not subject to Human Services
Coalition review, and be it further
RESOLVED, That the following requirement and criteria shall
be applied to all such requests:
Requirements
1. All applications for 1989 funding must be submitted in
writing to the City Controller by May 29, 1988.
2. An application may be reviewed either through the Human
Services coalition review for human services proposals,
or through the process described here for other proposals;
but not both.
3. Each application must include a statement that explains
how the activity proposed for City funding will benefit
the social, cultural, economic and /or environmental well-
being of City residents, in terms as specific as possible:
what groups will be served; how many people will be benefited;
what will be the duration of the benefit.
106
-32-
April 6, 1988
4. If more than So of those served by the proposed activity
are not City residents, the applicant must also request
funding from the County and /or appropriate towns.
S. Each application must include: budgets for 1988 and
1989; financial reports from 1986 and 1987; enumeration
of other funding sources.
Criteria
The review committee shall award points for the degree to
which the proposed use of City funds meets each of the
following criteria. If the applicant does not supply suffi-
cient information for the committee to make a judgment, the
proposal shall receive zero points in each such case.
1. The proposed activity will benefit the social, cultural,
economic and /or environmental well -being of residents
of the City of Ithaca.
1 - 10 points
2. The proposal will serve City residents in proportion
to City funding requested compared to the total program
budget.
1 - 5 points
3. The proposal will serve an identified need and does not
duplicate another service, with higher points allocated
in proportion to the extent of the need in the City.
1 -S points
4. The proposal is designed to effectively meet the needs
of those to be benefited; and the proposal includes measur-
able objectives.
1 - 5 points
S. The applicant demonstrates sound management practices.
1 - S points.
6. The proposed activity will especially benefit a population
in financial need (i.e., below federal poverty guidelines)
or the handicapped.
1 - 5 oints
P
7. The proposal will produce a long -term benefit (e.g.,
one that is physically permanent).
1 - 5 points
8. The funding requested of the County shall be at least
twice as great as the City request,
and be it further
RESOLVED, That the review committee shall, by August 15,
1988 recommend to the Human Services Committee of Common
Council whether each request should be funded, in part or
in full, and shall inform the applicants of its recommendations,
and be it further
RESOLVED, That the Human Services Committee shall make its
own recommendations to the Mayor for consideration in the
1989 budget by September 1, 1988.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Nichols, Johnson, Lytel, Schlather,
Hoffman, Peterson, Romanowski, Killeen
Nay (1) - Cummings
Carried
Mayor Gutenberger asked for three volunteers from Common
Council to serve on the committee to review all private 1989
requests for non- mandated City funding that are not subject
to Human Services review.
The Committee members will be Alderpersons Schlather, Nichols,
and Johnson.
-33-
April 6, 1988 107
Homelessness Report
Alderperson Peterson reported that the emergency shelter
will remain open until April 22nd. There is information
being given out to the homeless on how to find food and
other services. The needs assessment program is proceeding.
Southside Community Center
Alderperson Peterson reported that there was a 45 minute
presentation to the Human Services Committee on the programs
being offered at the Southside Community Center. It was
suggested that a long -range plan of facility upgrade be
developed by the Board.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Mayor Gutenberger reported that they have started the process
of doing the master planning for youth services county -wide.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
New Fire Stations Committee
Alderperson Killeen reported that in order to aid communication
and build consensus on cost - sharing, he, Alderperson Romanowski,
LO with Chief Olmstead will brief the Town of Ithaca Board, at
Iq their April 11th meeting on proposed IFD personnel increases,
LD and equipment acquisition and replacement. The Town Board
will be invited to the April 28th Budget and Administration
Committee meeting where this topic will be deliberated.
M
Q Senior Citizens Council
Alderperson Filleen reported that the Senior Citizens Council
will hold tl,,.ir annual meeting on May 4th at 2 - 4 p.m. featuring
a talk by orne of Ithaca's finest, Bill Cornell on "Is It
Safe to Walk on Ithaca's Streets ?"
ADJOURNMENT:
On a motion the meeting adjourned at 1:4S a.m.
Callista F
City Clerk
Paolangeli
14
March 7, 1988
2 Hillcrest Drive
Ithaca, N.Y. 14850
The Honorable John C. Gutenberger
and Members of Common Council
City Hall
Ithaca, N.Y. 14850
Dear Mr. Mayor and Aldermen;
Attached is a statement by Citizens to Save Stewart Park
about the use of the Festival Lands in the alienation of
Inlet Island and Southwest Parks. We hope this statement
can be useful to you in dealing with this problem.
cc
Blumenthal, Chair P &D Board
Jones, P &D Dept
Darlington, Chair CAC
Nash, City Attorney
Sincerely,
Doria Higgins
for Citizens to
Save Stewart Park"
March 7, 1988
Ithaca, New York
Statement of Citizens to Save Stewart Park Concerning the
Legality of Using the Festival Lands as Alternate Acreage
in the Alienation of Inlet Island and Southwest Parks:
And Also Concerning the March 1, 1988 Memo of the City
Attorney on the Designation of the Festival Lands as
Park Land (By Doria Higgins)
The important question of whether the Festival
Lands at Cass Park can legitimately serve as the obligatory
substitute acreage required for the alienation of Inlet
Island and Southwest Parks has remained unanswered, but
the data indicating the Festival Land is not a proper
swap continues to accumulate.
We think the City has the choice of discontinuing
the alienation of Inlet Island and Southwest Parks or of
finding land other than the Festival Lands to serve as the
substitute acreage.
The March 1, 1988 Memorandum of the City Attorney
to the Planning and.Development Department addresses the
question of whether or not the Festival Lands can be
considered as park lands now, in which case they would not
qualify as the required substitue acreage. However, that
memorandum is confusing in that some of the conclusions
presented are not consistent with the data presented.
We will call attention to those items later in this
statement. But in any event the memorandum does not pretend
to address some of the other issues which are crucial to
the matter. We think one of the most important issues
involved is the City's intent to fulfill or not to fulfull
its agreement with the State.
The Legislative Act of the State Legislature which
empowered the City to alienate Inlet Island and Southwest
Parks (officially introduced on March 26, 1985 and signed
into law August 19 1985) specifically states that the land
acquired "by the city (the land offered by the city as the
obligatory substitute land for the parkland to be alienated)
"shall be used for park purposes by such city." (underlining
I F&
2 Festival lands
added). The State Legislature vote of approval of alienation
was contingent on the Festival Lands (legally described in
the bill) being part of the required substitute acreage.
But City actions over the past few years would seem
to indicate that the City does not intend to abide by the
conditions of its agreement with the State Legislature. City and
NYS Park documents show the City does not intend to keep the
Festival Lands as city park lands, but intends to give title
of the Festival Lands to the Finger Lakes Region of the
NYS Department of Parks and Recreation and Historic Preservaticr."
who plan to use it to enlarge the marina at Treman State Park.
On March 21, 1985, a mere six weeks after the
Mayor had sent State Assemblyman MacNeil on February 7 a
packet promising the Festival Lands as the substitute acreage
in the proposed alienation, the Mayor signed an agreement
with the Finger Lakes Region of NYS Parks to give them
title to the Festival Lands in exchange for the right to
lease the State Park ball fields at Buttermilk Falls for
five.years. At a later date, however, the State Park
officials at Albany decided their Regional Director did
not have authority "to accept gifts" and the March 21
agreement is now null and void.
However, the City's intent to convey the Festival
Lands to Treman State Park to enlarge their marina
continues. This is documented by a series of State Park
Finger Lakes Region memoranda concerning communication with
the Ithaca City Department of Planning and Development
about the transfer of the Festival Lands to the Finger Lakes
Parks. The latest memorandum we have in hand is dated
September 14, 1987. A recent telephone call to Finger Lakes
Parks indicates they still expect to receive the Festival Lands.
It seems to us that if the City of Ithaca does not
abide by the conditions of its agreement with the State
Legislature that the Legislative Act would be invalidated and
so also would the entire alienation process be invalidated.
3 Festival lands
But even if the City should decide not to transfer
title of the Festival Lands to State Parks, other problems
would remain. Most of them are concerned with whether or
not the Festival Lands should now be considered park land
which would make them ineligible for substitute acreage.
We do not think Mr. Nash's memorandum has solved these
problems.
The City Charter in the Section "Public Parks" read.
"The word 'parks' is hereby defined to include all public
grounds and places, except cemetaries." This definition,
in which we think "places" should sensibly be interpreted
as "open spaces" would designate the Festival Lands as
park land and therefore as ineligible as "swap" land.
Mr. Nash's interpretation of the City Charter
definition of "Public Parks" makes it, we think,
essentially meaningless. He first says that the definition
could mean that all city lands and buildings are park land
a definition he dismisses as "unbelieveable." We agree.
It would be absurd to reason that the writers of the City
Charter would include City Hall and every fire station in
town as park land. Let us credit them with more
intelligence and scholarship than that. Mr. Nash goes on
to say, "I believe that the meaning of this paragraph is
to provide that all public grounds and places are under
the supervision of the Board of Public Works." But
everything owned by the City is under the maintenance
supervision of the BPW. We find this "meaning" meaningless
because, remember, we are discussing a definition of
"Public Parks 1' in the City Charter.
We looked up the word "place" in both Bouviers
Law Dictionary - Rawles Revision and in Black's Law
Dictionary. Black's said, "This word is a very indefinite
term ...(and) the extent of the locality designated by it
must generally be determined by the connection in which it
is used." Bouviers said the same, word for word.
So we then lookd up the word "place" in the
Oxford English Dictionary whose 12 volumnes are the definitive
�1�q-
4 Festival Lands
dictionary of the English language, and the first definition
given was "an open space in a city; a square, a market place."
Websters Third International Dictionary gives as the origin
of the word "an open space in a city." We think it quite
clear from the context of the word "place" in the City
Charter that the definition of "Public Parks" means "all
public grounds and open spaces, except cemetaries." This
interpretation makes sense and credits the writer of the
Section with some knowledge of the English language.
We have come across a number of .instances in
which the word "place" was legally used with this meaning.
For instance, a Memorandum from the Assistant Counsel for the
City of New York Department of Parks and Recreation
concerning alienation of parks says that 1120 subd. 7 of
the General City Law 'empowers the City to lay out, establish,
construct, maintain and operate markets, parks, playgrounds
and public places...'" The meaning here is clearly "open
spaces."
Mr. Nash defends his interpretation of the
City Charter definition by noting that the 1965 agreement
between the City and the Ithaca Festival of the Classics, Inc.
specifically spelled out that although all lands surrounding the
buildings would be used for recreational purposes that they
should not therefore be considered parkland. We argue that
this specificity most exactly confirms our interpretation.
It was necessary to exclude that land from designation as
parkland, if that was their intent, because otherwise,under the
the terms of the City Charter, the land would have been
considered parkland. In any event, that agreement, though
now superseded, clearly established the intent that the grounds
be used for recreational purposes.
Among other items which support the contention that
the Festival Lands are already park lands is Section 2 of the
July 13, 1967 tri- partite agreement between the City, the
5. Festival Lands
State of New York and the Center for the Arts at Ithaca, Inc.
which reads "The City shall retain and develop for park and
recreation purposes that portion of Cass Park and Old
Municipal Airport property, designated on said Master Site
Plan, not conveyed to the State or leased to the Center." 4dd ed�
Since the land to be leased to the Center was the "Festival
Lands" and since that land is not now leased to the Center,
we think the argument could be made that the City should
develop it "for park and recreation purposes."
In his memorandum Mr. Nash cites three New York
Court decisions: Croton -on Hudson v. Westchester County;
Gewirtz v. City of Long Beach; and Pearlman v. Anderson.
All three of these cases are discussed in a TIPS Parks
memorandum on alienation of parks. That memo and also another
memo from the NY City Department of Parks contradict Mr. Nash's
interpretation of Croton and Gewirtz. Those memos discuss
Croton and Gewirtz as Court decisions which assert that
"long continued use (of land) as a park constituted an
implied dedication and acceptance." In other words those
two court decisions support the contention,(according to
NYS Parks and NYC Parks) that the Festival Lands are park
lands by implied dedication.
The NYS Parks memo in discussing Pearlman v.
Anderson says that the Court found there was no implied
dedication but that "the result may have been different had
there been stronger evidence of continuous public use
sufficient to constitute an implied dedication and acceptance."
Those of us who use Cass Park almost daily know that there is
continuing public use of the Festival Lands.
Under the label "Conclusion" the NYS Parks memo says,
"As the above discussion indicates park property may never be
alienated without legislative approval if: ... (c) the property
was used as a park for a long period of time." All the people
who for many years have walked or jogged or flown their kites
on the Festival Lands can truly testify that those lands have
been used as a park "for a long time "and most of them think
that land is part of Cass Park. We think the City should
disengage itself from this anomalous situation and either
end the alienation process or find other substitute acreage.
Addendum to Labor Position Proposal:
As a result of last week's Planning and Development
Committee meeting the Labor Coalition has attempted to
address some of the questions raised about it's proposal for
the city funded "labor position." As outlined in our initial
proposal the employee would (1) act as an information
resource, () work with local businesses to maintain
employment levels, and (3) act as a communication network
within the labor community (both organized and unorganized).
These three goals are defined more fully in the initial
proposal but serve here as a backdrop for understanding the
specific objectives and tasks which the employee would
undertake.
In order to clarify the timelines within which the
following F-lork will be accomplished we will assume that the
employee will be hired by May 1, 1986 and be funded theough
December ?1, 1988 ( B months). The position will be half
time and the employee will be expected to be flexible as to
when his /hey- work will be accomplished. That is, times of
the month, days of the week, and hours of the day during
which the word; can most effectively be accomplished will have
to remain open ended. That said, it will be easier to
understand that the work outlined below will not be
accomplished in a E -12 job 5 days a week.
I. The Job Description
In pursuit of the first goal, to "act as an information
resource . . . on various community based services available
. for displaced workers," the employee will attempt to
achieve the following objective and perform the following
tasks.
OBJECTIVE: To identify what resources are available in
the city of Ithaca for displaced and unemployed workers and
make that information more available to the organizations and
institutions which come in contact with those workers.
TASKS: (1) Contact and meet with the Directors of at
least 10 community based services.
(2") Synthesize the information garnered from these
meetings into a written format which would be particularly
useful to displaced and unemployed workers and can be
disseminated in appropriate places.
Q-.) Investigate and research state and federal programs
which can aid displaced workers.
(4) Contact and utilize the resources of at least 3
other groups outside the city of Ithaca which have or are
attempting to do similar work. Incorporate this information
into a written plan for dissemination of the information.
(5) Present the information to at least 15 area unions,
organizations or institutions whose membership or clientele
wort: or live in or around the Ithaca area.
1-0 accomplish the second goal, to "assist businesses
considerinq workforce reductions . . to retain the same
level of employment . . . through the cooperative efforts of
all parties, will require the goodwill of both business and
labor. However, recognizing that it is often considered
"good management for a company to conceal it's intent to
shut down a facility until the latest possible date, reaching
this goal will require ingenuity, creativity and
perseverance. To realize this goal the employee will pursue
the following objectives and perform the following tasks.
OBJECTIVE: TO attempt to determine if any Ithaca area
business is considering a plant shutdown or sudden "major"
workforce reduction within the next 1 -5 years.
TASI;:S: (1) Contact organizations such as the Midwest
Center for Labor Research, New York State AFL -CIO Community
Services Department and Cornell's I.L.R. Extension Center and
use them as a resource for setting up a program for the
"early detection" of plant shutdowns or sudden workforce
reductions.
() Contact at least 10 of the larger Ithaca area
businesses and meet with one or more of their representatives
to discuss the importance to the community of early
notification of possible plant closings or sudden "major"
workforce reductions. Through these meetings try to
determine if any of these are contemplating such action.
(3) In cases where the above employers are unionized,
meet with the labor union representatives and some of the
worl::ers to initiate i of ormati on gathering to analyze their
employer's employment future and stability. This would
involve research through a raft of sources including company
annual reports, trade journals, business publications, trade
associations, investor reports, university research groups
and more.
(4.) In cases where the above employers are not unionized
and
the employee would initiate this information gathering
research on his /her own.
(5) The employee will compile what information has been
uncovered and make regular (twice monthly) reports to the
Labor Coalition regarding the employment prospects for those
businesses contacted. If there is any imminent community
concern the employee and the Labor Coalition will report
immediately to Common Council and the Mayor's Office.
The third and final goal of the "labor position" for the
first year will be, "to enhance contacts and communications
within the local labor community and promote better
understanding in the community of the interests of working
people." This will be met through the following objectives
and tasks.
OBJECTIVE: To increase the level of written and verbal
communication between area labor unions and unorganized
workers, while simultaneously making more public the issues
which are important to labor- organizations and working people
in general.
TASt::S: (1) Create and distribute an up to date Directory
of local labor union=_.
(2) Increase the written contributions of local labor
unions to the Labor Coalition newspaper The Working Press and
attempt-to increase its distribution from 5,000 to 8,000.
(_) Act as a clearinghouse for area unions to help area
unions more effectively share resources on such ma'_ters as
contract language, arbitration, state and fedr_ral laws,
health and safety and administration.
(4) Include in The Working Press a regular column
dealing with services to the unemployed and displaced worker.
(5) Contp.ct and meet with the officials of at least 15
local labor unions to solicit ideas and gain input into how
the Labor Coalition can be more useful in promoting what is
important to their workers.
(5) Promote and organize a celebration of Labor Day to
help publicize the specific and significant contributions
working people and their unions have made to Tompkins County
and the city of Ithaca.
II. The Employee Dualifications
This "labor position" presents a new opportunity for the
labor community to play a greater part in the future of the
economic development of Ithaca and Tompkins County. It is
not simple job, but one which requires initiative, self -
direction, intelligence and diplomacy.
Are a.ppl i cant for this position must meet most of the
following qualifications:
(1) Have a college diploma. Some formal education in
economics, labor history, labor law and /or political science
is required.
(2) Past life experience, must include some work with
labor union. Work with labor - community coalitions,
community - economic development, or community organizing would
be additionally helpful.
(_) Reside in or around the Ithaca area and have some
familiarity with the economic and social issues effecting the
city.
(4) Must be able to communicate effectively in written
and oral form on an individual as well as group level. A
writing sample must be submitted.
(5) Must show some history of interest in, and
Participation in labor and workplace issues.