Loading...
HomeMy WebLinkAboutMN-CC-1988-05-04COMMON COUNCIL PROCEEDINGS 109 CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. May 4, 1988 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Lytel, Killeen, Peterson, Romanowski, Schlather MINUTES: Approval. of Minutes of Special Common Council Meeting of March 23, 1988 By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the Special Common Council meeting of March 23, 1988 be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - Adopt-ion of a New Cable Franchise Agreement for the City of Ithaca with American Community Ca levision Resolution to Open Public Hearing By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the Public Hearing to consider adoption of a new Cable Franchise Agreement for the City of Ithaca with American Community Cablevision be declared open. Carried Unanimously The following persons spoke to Council regarding the new Cable Franchise Agreement. They each expressed specific concerns about community access: John Efroymson - 420 North Cayuga Street Gene Ira Katz - 710 North Cayuga Street George Van Son - 76 Hickory Road Bill McCormick - 211 Columbia Street Frances McKenzie - 556 Auburn Road, Groton Mary Jo Dudley - 409 North Cayuga Street Paul Sayvetz, 201 Elm Street, urged in writing concerning the Franchise (600" Michael Withiam, General Manager of to attend the negotiating committee 8:00 p.m. to see where ACC stands o Council to get everything Agreement with ACC. ACC, urged Council members meeting on May 11th at n the issues. Resolution to Close Public Hearing By Alderperson Romanowski: Seconded by Alderperson Lytel RESOLVED, That the Public Hearing to consider adoption of a new Cable Franchise Agreement for the City of Ithaca with Aii;c. ;' "i call ^l?', .. i v e 1 c w i. s l C);-, u.3 ii,= = .. ^. f 0 "1 C I v 3 t "t - Carried Unanimously OTHERS PRESENT: City Attorney - Nash City Controller - Spano City Clerk - Paolangeli (400'e, Deputy City Controller - Cafferillo Planning and Development Director - Van Cort Personnel Administrator - Baker Building Commissioner - Hoard Fire Chief - Olmstead Police Chief, Acting - Pagliaro Board of Public Works Commissioner - Reeves Neighborhood /Preservation Planner - Chatterton Planner II - Jones Lf1 Community Development Administrator - Goldwyn I' Housing Specialist /Planner - Evans Lo PLEDGE OF ALLEGIANCE: M Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. Q MINUTES: Approval. of Minutes of Special Common Council Meeting of March 23, 1988 By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the Special Common Council meeting of March 23, 1988 be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - Adopt-ion of a New Cable Franchise Agreement for the City of Ithaca with American Community Ca levision Resolution to Open Public Hearing By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the Public Hearing to consider adoption of a new Cable Franchise Agreement for the City of Ithaca with American Community Cablevision be declared open. Carried Unanimously The following persons spoke to Council regarding the new Cable Franchise Agreement. They each expressed specific concerns about community access: John Efroymson - 420 North Cayuga Street Gene Ira Katz - 710 North Cayuga Street George Van Son - 76 Hickory Road Bill McCormick - 211 Columbia Street Frances McKenzie - 556 Auburn Road, Groton Mary Jo Dudley - 409 North Cayuga Street Paul Sayvetz, 201 Elm Street, urged in writing concerning the Franchise (600" Michael Withiam, General Manager of to attend the negotiating committee 8:00 p.m. to see where ACC stands o Council to get everything Agreement with ACC. ACC, urged Council members meeting on May 11th at n the issues. Resolution to Close Public Hearing By Alderperson Romanowski: Seconded by Alderperson Lytel RESOLVED, That the Public Hearing to consider adoption of a new Cable Franchise Agreement for the City of Ithaca with Aii;c. ;' "i call ^l?', .. i v e 1 c w i. s l C);-, u.3 ii,= = .. ^. f 0 "1 C I v 3 t "t - Carried Unanimously IIO -2- May 4, 1988 ADDITIONS TO THE AGENDA: New Business Alderperson Hoffman requested the addition of the issue of trash disposal. No Council member objected. Planning and Development Committee Alderperson Cummings requested the addition of item 17.8; a report on baling transfer stations. No Council member objected. (6000" Report of Special Committees and Council Liaisons Alderperson Peterson requested the addition of two brief reports; one from the RSVP Council and one from the Conservation Advisory Council. No Council member objected. Unfinished and Misecellaneous Business ln..Cej "'Alderperson Killeen requested the addition of a resolution for the recession of the Grape Boycott resolution. Alderperson Nichols objected. He suggested that Alderperson Killeen bring the resolution before the Human Services Committee before it comes before Council. The Chair ruled that because there was an objection the item could not be added to the agenda. Charter and Ordinance Committee Alderperson Booth requested t e addition of Item 1S.8; proposed resolution to modify the license of the Farmers' Market which was granted before the U.S. Department of the Interior ruled that the City must revoke this license. (400" The resolution was added but Alderperson Romanowski reserved his right to object until he has read the resolution. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: State Funding for GIAC Pool and Cass Park Hoc ey Rink Doria Higgins, 2 Hillcrest Drive, spoke to Council regarding the swimming pool at GIAC and the hockey rink at Cass Park. She stated that she is concerned that the state might feel the need to decide between the two. It seems to her that the swimming pool is a much greater need for the community than is a second hockey rink at Cass Park. Housing Affordibility and Mutual Housing Program Jett Gruber, 109 1lamlon Drive, Odessa, spoke to Council regarding the Mutual Housing aspect of the Community Development application. He stated that it is apparent to the INNS that the program will make an immediate positive impact in terms of providing a110rdable 11UUSilig 1U1 il.lIUCCt ie5l,u ilt3- 11:; urged Council to support the Mutual Housing Program. Because the Community Recreation Center (Hockey Rink) agenda item on the Andrew Sciara ba, 17 Wedgewood Drive, spoke to Council regarding report, and the proposed hockey rink at Cass Park. He stated that on issues has received an overall basis we are looking at $850,000 for the construction and in order of a building which will include a hockey rink facility but the full Council to also is a multi- purpose building; it will have a concrete floor Killeen........" and a humidification system so it can be used for other purposes. at 6/8/88 meeting. He is hopeful that half of the $850,000 will come from the New York State grant application which will be submitted this month. The other $425,000 is being raised from corporations and individuals in the community. To date, the organization (Woo", has received pledges in excess of $210,000. The organization is confident that they will be sucessful in raising the remainder of the money. Housing Affordibility and Mutual Housing Program Jett Gruber, 109 1lamlon Drive, Odessa, spoke to Council regarding the Mutual Housing aspect of the Community Development application. He stated that it is apparent to the INNS that the program will make an immediate positive impact in terms of providing a110rdable 11UUSilig 1U1 il.lIUCCt ie5l,u ilt3- 11:; urged Council to support the Mutual Housing Program. Because the Scheduled agenda item on the grape boycott will be a non - discussable report, and since this issues has received considerable press coverage recently, and in order to permit the full Council to discuss this important matter, .Alderman Killeen........" added at 6/8/88 meeting. C. Holcomb -3- May 4, 1988 Dennis Wille, 201 Third Street, Mutual Housing Coordinator, referred to a letter from Gwen L.R. Doll, supporting the Community Development Block application funds that INNS has requested to develop a Mutual housing Association in Ithaca. fie urged Council to support the Mutual Housing Program. Concerns of Spencer Road Residents Donald C. Enright, 520 Old Spencer Road, spoke to Council regarding several topics of concern to the residents of Spencer Road. Mayor Gutenberger responded that the Building Commissioner will be in touch with Mr. Enright in regard to these matters. Funding for Community Development Application Jan Smith, Executive Director of HOMES, Inc. spoke to Council regarding the Community Development application. HOMES, Inc. has requested $45,000 and she urged the Council to support the application. The money will be used for special equipment needed for the homeless housing project that is being developed Ln at 507 -509 West Green Street. w' Acquisition of City -owned Property LO Leonard Ferris, Burdett, N.Y., spoke to Council on behalf of the First Assembly of God Church. He stated that in April M 1986, as Secretary of the First Assembly of God Church, he wrote a letter to Council in care of the Mayor initiating Q a request to the city to acquire the land known as "Titus Flats" from the City of Ithaca for a church building and eventually a church owned and operated Christian School. He wished to reiterate that the church would like a formal response to their letter from the city. Farmers' Market Anna Steinkraus, President of the Ithaca Farmers' Market, stated that the Market greatly appreciates the support the city has given to them over the winter and in working out an agreement for a license for the season, both for Inlet Island and the Dewitt Park. She gave special thanks for the help since the federal ruling has come down. She stated that she thinks the letter the Mayor wrote asking for a waiver was an excellent letter. She further remarked that the Market also greatly appreciates Mark Finkelstein and Francis Paolangeli for coming forward and allowing the Market to use the parcel in the Northside. She encouraged Council to appeal the federal ruling on the Farmers' Market site at Inlet Island. Mutual Housing Association Tracy Farrell, 429 West Buffalo Street, President of the Board of Directors of Neighborhood Housing, spoke to the Council regarding affordable housing in the City of Ithaca. She urged Council to support the Mutual Housing resolution in the Community Development application. Doug Dylla, 109 Auburn Street, Director of INHS, spoke in support of the Mutual Housing resolution and asked for Council's support of the Community Development application. Fire Services Recognition Day Fire Chief Olmstead state to Council and the public that Saturday, May 7th, is the annual fire services recognition day. He listed the itinerary and urged all to attend. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported on the following: Posting of Bills on Telephone Poles - The Board has received several complaints in the past weeks regarding the posting of bills and circulars on telephone poles. The Board is in the process of reviewing the local ordinance and have asked for a legal opinion from the City Attorney. 111 1.12 -4- May 4, 1988 Recycling Task Force - The Task Force is discussing the upcoming end to the grace period in regard to the mandatory recycling ordinance. The grace period ends at the end of May. The Task Force has scheduled an informational meeting for landlords on May 12th, at 7:30 p.m., in Common Council Chambers. The Board urges Council to talk about this important program in their Wards and the Task Force is asking for political support as well as Council members being visibly active in promoting recycling. Commissioner Reeves answered questions from Council members. COMMUNICATIONS FROM THE MAYOR: Update on Route 96 Mayor Gutenberger reported that the Draft Environmental Impact Statement will not be available until July or August. The document is finished and it is now in what they call the "signature stage ", which means that Albany and Washington both have to sign off on that document for it actually to go to the printer and be released. A location will be set up in the community, staffed by the Department of Transporta- tion, for citizens to look over the maps and documents and have their questions answered. Farmers' Market Mayor Gutenberger stated that he has received a phone call. from NYS Department of Parks, Recreation and Historic Preser- vation stating that an extension has been granted for use of Inlet Island by the Farmers' Market until June 25, 1988. However, he would prefer to have the letter in hand before taking an action on it. Mayor Gutenberger referred to a resolution received from the Town of Ithaca Planning Board in support of the Farmers' Market. Mayor Gutenberger read the following letter from David A. Dubow, attorney for Francis Paolangeli: "Dear Mayor Gutenberger: As you are aware, I represent Francis "Pogo" Paolangeli. Mr. Paolangeli has requested that I write this letter to you concerning the use of his property in the city's north end for the Farmers' Market operations. As I believe you are aware, Mr. Paolangeli has entered into an agreement with the Farmers' Market and Mark Finkelstein providing for the temporary use of the "Pogo Parcel" for Farmer's Market operations on Saturdays. Subject to certain termination provisions, the agreement provides for use of this property by the Farmers' Market for the next several months. Now it appears, however, that the Farmers' Market may be permitted temporarily to return to the Inlet Island location. We are not certain at this point whether the Farmers' Market will choose to return to its original site or continue to operate from the "Pogo Parcel ". Therefore, Mr. Paolangeli would like the City to know that he is willing to continue to make his property available to the Farmers' Market in the event another move becomes necessary, provided, of course, that no commitments for use of the property have been made in the interim which would preclude the Farmers' Market operations. In light of the anticipated discussion at the Common Council meeting scheduled for this evening, we would request that this letter be distributed to all Common Council members and be included in the records of Common Council's proceedings. Please feel free to contact either me or Mr. Paolangeli should you have any questions. i c�Yectlally j Sul s , David A. Dubow" -5- May 4, 1988 113 Common Council Meeting for June Mayor Gutenberger reminded Council that June 1 is the ceremonial meeting commemorating the signing of the City Charter and June 8 will be the official meeting date for Common Council in June. Executive Session Mayor Gutenberger requested an Executive Session at the end of the meeting to discuss a personnel matter. Great Ithaca Write -in Mayor Gutenberger requested Common Council's permission to (Wo"� have an enclosure in city employee's paychecks for the "Great Ithaca Write -in" forms. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Common Council gives permission for an enclosure of forms for the "Great Ithaca Write -in" to be inserted in City of Ithaca employee's paychecks. Carried Unanimously Ln Baling Transfer Station I' Mayor Gutenberger referred to a letter he had received from (O Frank Proto regarding the baling transfer station. There will be a committee meeting on May 6 at 8:30 a.m. in the m County Administrator's Office and he invited members of Council to attend. Q Interim Parke Commission Mayor Gutenb-.:-ger asked for clarification on the resolution on the Interim Parks Commission from the April 6 Common Council meeting. The matter will be discussed at a later date. MAYOR'S APPOINTMENTS: Board of Public Works Mayor Gutenberger requested approval of Common Council for the appointment of Michael Sprague, 6 Cliff Park Circle to the Board of Public Works to replace Benjamin Nichols, with a term to expire December 31, 1989. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Common Council approves the appointment of Michael Sprague to the Board of Public Works with a term to expire December 31, 1989. Carried Unanimously Civil Service Commission Mayor Gutenberger reported that he has re- appointed Ann Bantuvanis, 203 Ithaca Road, to the Civil Service Commission for a term to expire May 31, 1994. CITY ATTORNEY'S REPORT Alderperson Booth asked City Attorney Nash about two actions involving the city. One is the Watt Lot and the other is the enforcement action the city is pursuing where the defendent has raised the McMinn decision. City Attorney Nash responded that there is no decision in (400" either of these cases. CHARTER AND ORDINANCE COMMITTEE: Farmers' Market - Effort to Secure Waiver, Extension of Federal Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, Common Council has previously voted in favor of issuing a one -year license to the Farmers' Market to allow the Market to use the Inlet Island site during 1988, and 15.4 -6- May 4, 1988 WHEREAS, the City has received a determination by the National Park Service, U.S. Department of the Interior regarding the Farmers' Market's use of the Inlet Island site (per March 24 1988 letter from Christine McNeil, National Parks Service to Vincent Stallone, Jr., N.Y.S. Office of Parks, Recreation and Historic Preservation), and WHEREAS, the City has received a directive from the N.Y.S. Office of Parks, Recreation and Historic Preservation pursuant to the above- mentioned Department of the Interior determination, which directive requires "...the City of Ithaca to immediately revoke any lease agreement with the Ithaca Farmers' Market's for use of this park site" (sic) (see April 8, 1988 letter from Robert Gonet, Finger Lakes State Parks, Recreation and Historic Preservation to Mayor John Gutenberger, and WHEREAS, the receipt of the above- mentioned determination and directive so close to the beginning of the Farmers' Market's season at the Inlet Island site has caused serious disruption in the Market's operations and has seriously jeopardized the ability of the Market to operate during 1988; now, therefore, be it RESOLVED, That Common Council supports and endorses actions by the Mayor in seeking a further waiver /extension of the above - mentioned determination and directive in order to permit the Farmers' Market to utilize the Inlet Island site during 1988. Provided, this resolution does not authorize or endorse the City's filing of any formal administrative appeal or any litigation regarding this determination and directive. Alderperson Hoffman asked if the ruling from the federal government affects other uses of this land by other parties and if so should the city be asking for the same treatment for those users to allow them an extension of time. City Attorney Nash responded that he sees a distinction between the Farmers' Market use and other uses. There is an arguable question as to whether the Market is a public outdoor recreational activity. The others seem more clearly to be not so by the terms of the agreement and the use of the property. He does not believe the extension can be applied to other uses of the land. Further discussion followed on the floor. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Johnson RESOLVED, That the last sentence of the Resolved paragraph read as follows: Provided, this resolution does not authorize or endorse the expenditure of funds by the city for the filing of any formal administrative appeal or for any litigation regarding this determination and directive." Discussion followed on the floor on the amendment. A vote on the amending resolution resulted as follows: Ayes (4) Nays (6) - Lytel, Nichols, Killeen, Johnson - Booth, Schlather, Cummings, Hoffman, Peterson, Romanowski Motion Defeated Discussion followed on the floor on the Main Motion. A vote on the Main Motion resulted as follows: Ayes (7) - Hoffman, Lytel, Nichols, Johnson, Booth, Peterson, Killeen ivciyS (J) Carried -7- May 4, 1988 115 Support Resolution for Farmers' Market By Alderperson Booth: Seconded by Alderperson Nichols WHEREAS, Common Council, by resolution dated March 2, 1988 author:izCd the issuance of a revocable license to the Ithaca Farmers' Market for the use of the city -owned parkland on the so- called Inlet Island, and WHEREAS, on April 11, 1988 a determination was received from the National Park Service of the U.S. Department of Interior finding the Farmers' Market to be a non - permitted use of said lands pursuant to the terms and conditions of the grant agreement governing their use, and ordering the city to dis- continue all activities not defined as public outdoor recreation, and WHEREAS, in response to the city's request for temporary waiver of the order, the National Park Service has apparently granted the Market the opportunity to continue its operations at Inlet Island until the close of business on June 25, 1988; now, therefore, be it Ln RESOLVED, That the conditions previously stipulated by Common Council in the granting of a revocable license to the Farmers' IKIT Market be amended as follows: LO Condition #1 - Assuming a letter is received from the U.S. M Department of Interior allowing the Farmers' Market use of Q Inlet Island site until June 25, 1988, the Ithaca Farmers' Market may operate on any Saturday between May 7, 1988 and the close of ,isiness on June 25,1988. The Market may use the site foi aIditional days prior to June 25, 1988 for the purpose of site improvements. Condition #4 - No new structure shall be erected on the site. Condition #5 - Deleted. Condition #6 - Deleted. The following condition shall be added to the license: - The Farmers' Market shall increase its customer parking area to the greatest extent possible, given the constraints imposed by this temporary extension. All the other conditions stated in in Council's March 2, 1988 resolution as amended shall be satisfied. Discussion followed on the floor. Alderperson Booth stated for the rec *hat it is his belief that all the other conditions of the Mar( )88 motion are incorporated, other than those that feted or changed. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Booth, Lytel, Killeen, Johnson, Hoffman, Peterson, Cummings, Nichols Nay (1) - Romanowski Carried PLANNING AND DEVELOPMENT COMMITTEE: Environmental Quality Bond Act Funding Application WY-9--Office of Parks, Recreation and Historic Preservation Cass Park Skating Rink By Alderperson Cummings: Seconded by Alderperson Lytel (600" WHEREAS, many of the city's established skating and hockey clubs and organizations are forced to travel out of town for both practice and competition, and WHEREAS, the Ithaca Youth Hockey Association beginning in 1984 has worked with the city toward finding a way to expand the city's ice skating facilities, and WHEREAS, the Environmental Quality Bond Act has made available funds for reimbursement of fifty percent (500) of eligible costs, for which construction of a new municipal skating rink is considered an eligible activity, and 15 17. la: 11 FD -8- May 4, 1988 WHEREAS, the Youth Hockey Association agrees to raise all capital required by the Title 9 provisions of the Act for the local match, and WHEREAS, the City of Ithaca has agreed to provide land adjacent to the Cass Park rink and will accept the facility and operate it assuming all costs and revenues of such operation with the intent that operating income will equal expenses, provided that the same is authorized by law; now, therefore, be it RESOLVED, That John C. Gutenberger, Mayor of the City of Ithaca is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environmental Quality Bond Act of 1986 in an amount not to exceed $900,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for construction of the Cass Park skating rink. Environmental Quality Bond Act NYS Office of Parks, Recreation and Historic Preservation GIAC In- ground Swimming Pool By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, the present Greater Ithaca Activities Center Court Street pool is the only public pool located in the city's downtown area, and WHEREAS, the present pool during an average summer served an estimated 300 youths living in the downtown neighborhoods and has become a valuable recreational resource during its eleven years in the Northside /Southside communities, and WHEREAS, the present pool will not be in functioning condition this season, and WHEREAS, the Environmental Quality Bond Act has made available funds for reimbursement of fifty percent (SO %) of eligible costs, for which construction of a new municipal swimming pool is considered an eligible activity, and WHEREAS, the costs of operating a new in- ground pool will not be substantially different from those of the existing pool; now, therefore, be it RESOLVED, That John C. Gutenberger, Mayor of the City of Ithaca, is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environ- mental Quality Bond Act of 1986, in an amount not to exceed $375,000 and upon approval of said request to enter into and execute a project agreement with the state for such financial assistance to this municipality for construction of the GIAC in- ground swimming pool. Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the five WHEREAS clauses in Item 17.1a (Cass Park Skating Rink) and the five WHEREAS clauses in Item 17.1b (GIAC In- ground Swimming Pool) be incorporated and the NOW, THEREFORE, BE IT RESOLVED, clause read as follows: "That John C. Gutenberger, Mayor of the City of Ithaca is authorized and directed to file an application on forms prescribed. by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the pruvisioii of i1LIe 9 of t;►e Enviroiimental Quality Bond I F& 17. lb J -9- May 4, 1988 117 Act of 1986 in an amount not to exceed $1,275,000.00 and upon approval of said request to enter into and execute a project agreement with the state for such financial assistance to this municipality for the construction of the Cass Park Skating Rink and the GIAC In- ground Swimming Pool." Discussion followed on the floor on the amendment. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the following be added to Alderperson Booth's amendment: "And be it further RESOLVED, That this application (600e be tendered to the New York State Office of Parks, Recreation and Historic Preservation along with separate applications for the Cass Park Skating Rink project and the GIAC Pool project with the further provision that not withstanding the preliminary ranking regionally this combination application shall be forwarded to Albany for funding consideration. Resolution as Amended Carried Unanimously 1-0 WHERE AS, many of the city's established skating and hockey clubs and organizations are forced to travel out of town Iq for both practice and competition, and LD WHEREAS, the Ithaca Youth Hockey Association beginning in M 1984 has worked with the city toward finding a way to expand Q the city's skating facilities, and WHEREAS, the '. nvironmental Quality Bond Act has made available funds for re::;;;ursement of fifty percent (500) of eligible costs, for which construction of a new municipal Skating rink is considered an eligible activity, and WHEREAS, the Youth Hockey Association agrees to raise all capital required by the Title 9 provisions of the Act for the local match, and WHEREAS, the City of Ithaca has agreed to provide land adjacent to the Cass Park rink and will accept the facility and operate it assuming all costs and revenues of such operation with the intent that operating income will equal expenses, provided that the same is authorized by law, and WHEREAS, the present Greater Ithaca Activities Center Court Street pool the only public pool located in the city's downtown ar nd WHEREAS, the _,sent pool during an average summer served an estimated 300 youths living in the downtown neighborhoods and has become a valuable recreational resource during its eleven years in the Northside /Southside communities, and WHEREAS, the present pool will not be in functioning condition this season, and WHEREAS, the Environmental Quality Bond Act has made available funds for reimbursement of fifty percent (500) of eligible costs, for which construction of a new municipal swimming pool is considered an eligible activity, and C0,11 WHEREAS, the costs of operating a new in- ground pool will not be substantially different from those of the existing pool; now, therefore, be it RESOLVED, That John C. Gutenberger, Mayor of the City of Ithaca, is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environ- mental Quality Bond Act of 1986 in -an amount not to exceed $1,275,000.00 and t,pon approval of said request to enter _10- May 4, 1988 �.14 into and execute a project agreement with the state for such financial assistance to this municipality for the construction of the Cass Park Skating Rink and the GIAC In- ground Swimming Pool, and be it further RESOLVED, That this application be tendered to the New York State Office of Parks, Recreation and Historic Preservation along with separate applications for the Cass Park Skating Rink project and the GIAC Pool project with the further provision that not withstanding the preliminary ranking regionally this combination application shall be forwarded to Albany for funding consideration. Carried Unanimously Recess Common Council recessed at 9:35 p.m. and reconvened in regular session at 9:50 P.M. Cherry Street Industrial Park - Preliminary Lease Approval for Evaporate Metal Films By Alderperson Cummings: Seconded by Alderperson Schlather 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, Evaporated Metal Films, Inc. desires to acquire 1.48 + /- acres in the park for construction of new manufacturing facilities, and WHEREAS, the qualifications of Evaporated. Metal Films, Inc. have been examined in accordance with Section 1(c) of the Land Disposition Procedure, and WHEREAS, the proposed terms of a Metal Films have been presented Council; now,therefore, be it RESOLVED, That Evaporated Metal a qualified sponsor for tenancy Park, and be it further lease agreement with Evaporated to and reviewed by Common Films is hereby designated in the Cherry Street Industrial RESOLVED, That Common Council does hereby give preliminary approval to the proposed terms of this lease agreement. Alderperson Cummings gave background information on the resolution. Discussion followed on the floor. Alderperson Cummings pointed out that the Council's concern regarding re- negotiating rates for the Industrial Park has been submitted to the Ithaca Urban Renewal Agency. They will be taking'a look at this and Alderperson Cummings will report back to Council. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Romanowski, Johnson, Killeen, Lytel, Hoffman, Peterson, Cummings, Nichols Nay (1) - Booth Carried S ecial Common Council Meeting Mayor Guten erger stated that there will be a Special Common Council meeting on May 2S, 1988 at 7:00 p.m. for final Council approval of the Cherry Street Industrial Park - Evaporated Metal Films, Inc. lease. Community Development Block Grant Application By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council recognizes the need to continue efforts wi11C11 elllla,p_e and preserve residential neighuorhoods, prOTivic job creation and retention, and improve community facilities, and 17.2 J 17. �> 3 -11- May 4, 1988 WHEREAS, the Planning and Development Committee has reviewed the proposed Community Development Grant application as adopted by the Ithaca Urban Renewal /Community Development Agency and endorsed by Planning and Development Board and the Planning and Development Committee of Common Council; now, therefore, be it RESOLVED, That the Common Council approve the 1988 -1989 Community Development Block Grant Small Cities budget and programs as recommended by the Ithaca Urban Renewal /Community Development Agency, and be it further RESOLVED, That the Mayor be and hereby is directed and authorized %6011� to sign upon advice of the City Attorney and the Director of Planning and Development any and all instruments necessary to submit the City's 1988 -1989 Community Development application to the United States Department of Housing and Urban Development. Discussion followed on the floor regarding the Excel, Electronics Assembly portion of the application with regards to giving notice of any proposed reduction in their work force. L0 Amending Resolution Iq By Alderperson Nichols: Seconded by Alderperson Hoffman LO RESOLVED, That the Excel, Electronics Assembly be deleted from the proposed Community Development application. M Discussion followed on the floor on the amendment. Q A vote on tL amending resolution resulted as follows: Ayes (2) - Nichols, Booth Nays (8) - Schlather, Romanowski, Cummings, Lytel, Peterson, Johnson, Killeen, Hoffman Motion Defeated Main Motion Further discussion followed on the floor on the Main Motion. Alderperson Hoffman read the following statement into the record on the 1988 Community Development Grant application: "In the seven years I have been on Common Council, I have on several occasions voted against the City's annual application for Community Development funds. My opposition was based not on the gists for housing programs or for community facilities, solely on the economic development portion of the app] ion. I stated at the time my opinion that the public funds used in Community Development grants should be reserved for areas of greatest need, particularly low - income housing, and that a portion should not be siphoned off to assist private, profit - making businesses. Although I was sorry to vote against an application that included funds for Ithaca Neighborhood Housing Services, I did cast what I called a "symbolic" vote against several proposals which included economic development subsidies, to protest what I considered wrong- headed priorities in federal policy. Last year, my position on this issue became a matter of wide- spread debate, and it became apparent to me that many people interpreted my action as a lack of support for INHS and low - income housing programs. A symbolic gesture is hardly worth- while if its message is misinterpreted, and I want to make sure that such a mistake is not repeated. The opportunity to hear the opinions of so many people on this issue has convinced me that the benefits of INHS' widely supported programs outweigh the philosophical reservations I have about public subsidies for private businesses (which are, in fact, a much smaller portion of the CD grant). 119 120 -12- May 4, 1988 My approach, therefore, has changed. I have applied, and will continue to apply my concerns in this area to the process of preparing and evaluating the application, in an attempt to maximize the public benefit from the economic development projects, but I will not oppose the submission of the grant itself simply because of their inclusion. The Mutual Housing is one of the most of housing affordat be able to vote in HOMES. A vote on the Main concept that is exciting approa, )ility, and I am favor of it, as Motion resulted pioneered in this application lies I've seen to the problem very, very pleased to well as the proposal from as follows: Carried Unanimously Disposition of Surplus Land on Floral Avenue By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Ithaca Neighborhood Housing Services, Inc. has requested that the City make available to it a parcel of land now owned by the City of Ithaca for the purposes of assembling a site to serve as low and moderate income housing, and WHEREAS, the parcel in question identified as Tax Map Parcel number 77 -2 -6 assessed at $11,800 for .94 acres is not required for any present or anticipated future municipal purpose, and WHEREAS, the City of Ithaca supports the objective of increasing the City's housing stock to be made available for low and moderate income residents; now, therefore, be it RESOLVED, That the City of Ithaca hereby declares the Floral Avenue property known as Tax Map Parcel 77 -2 -6 to be surplus, and approves its transfer to the Ithaca Urban Renewal Agency for the sum of $1, and be it further RESOLVED, That the Ithaca Urban Renewal Agency is directed to transfer said property to Ithaca Neighborhood Housing Services, Inc. through its land disposition procedures adopted October 22, 1984. Discussion followed on the floor regarding the terms of the transfer and the procedures followed. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the first Resolved read as follows: "That the City of Ithaca hereby declares the Floral Avenue property known as Tax Map Parcel number 77 -2 -6 to be surplus, and authorizes the IURA to begin negotiations with INHS for transfer of the same to INNS upon terms to be reviewed by and subject to approval of Common Council ". And that the last 'Be it Further Resolved' paragraph be deleted. Discussion followed on the floor on the amendment. A vote on the amending resolution resulted as follows: Ayes (8) - Booth, Schlather, Nichols, Killeen, Johnson, Hoffman, Peterson, Romanowski Nays (2) - Lytel, Cummings Carried Main Motion as Amended A vote on t e Main Motion as amended resulted as follows: Carried Unanimously -13- May 4, 1988 121 Strategic Housing and Neighborhoods Plan - Adoption of Plan and Supporting Documents By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council in December 1983 passed a resolution asking the Planning and Development Board to begin development of a housing and neighborhoods plan, and WHEREAS, the Planning and Development Board recommended the creation of an ad hoc working committee (the Housing and Neigh- borhoods Technical Advisory Committee) to allow for citizen participation of major interest groups in the areas of housing and neighborhoods, and WHEREAS, the Housing and Neighborhood Technical Advisory Committee and the Planning and Development Board have participated in developing studies and recommendations for the Strategic Housing and Neighborhoods Plan (published in December 1987), and WHEREAS, Common Council has reviewed these studies and documents and voted affirmatively on March 2, 1988 to explore and implement thirteen actions geared toward neighborhood and housing LO improvement, and Iq WHEREAS, a full understanding of Ithaca's housing and neigh- LO borhood situation (including number, type and tenure of housing; community needs; and the impact of recent and future development m on neighborhoods, housing availability and affordability) is needed in order to develop a framework for zoning changes, Q site plan review, further development of housing trust fund alternatives, grant applications, and enforcement activities; now, therefore, be it RESOLVED, That the Common Council accepts and adopts the following reports: Supply, Demand and Affordability of Housing (May 1987), Recommendations of the Technical Advisory Committee (April 1987), and the Strategic Housing 'and Nei bor oo s Plan (December 1987), Tand directs planning staff to use these reports as resources, reviewing and updating them as the (Wwoo" exploration and implementation of the thirteen actions adopted in March 1988 occur, and to continue to explore various revenue sources for sousing trust fund (including developer exactions, linkages and using production requirements), zoning options, project revi procedures, and enforcement alternatives. Amending Resolution By Alderperson Peterson: Seconded by Alderperson Schlather RESOLVED, That the first report "Supply, Demand and Affordability of Housing" be deleted from the first Resolved a new Be it Further Resolved be added to read to follows: "That a third report, "Su ply, Demand and Affordability of Housing" (May 1987) be accepted with t e un erstan ing that the document is a working document which facts and data are used in the housing plan but which conclusions and opinions are being developed on an ongoing basis in conjunction with the other above reports and the thirteen adopted actions. Alderperson Peterson explained her reasons for separating out the Supply, Demand and Affordability of Housing report. She is concerned with the conclusions reached in t e report, although she does believe it can be used as a working document. After further discussion, Mayor Gutenberger suggested that (400e, the resolution and amendment be tabled for further study and clarification. Resolution to Table By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the resolution Strategic Housing and Neighborhoods Plan - Adoption of Plan and Supporting Documents be tabled. Ayes (S) - Schlather, Romanowski, Booth, Nichols, Johnson Nays (S) - Lytel, Cummings, Peterson, Hoffman, Killeen Mayor Gutenberger voted Aye, breaking the tie. Carried 122 -14- May 4, 19 88 Six Mile Creek Report Alderperson Cummings reported that there is a Six Mile Creek study going on. the group is undertaking mechanisms to protect our watersheds, both by land acquisition in the immediate vicinity and to establish a intermunicipal group to talk about broader watershed protection areas. Integrated Communications System Demonstration Project Al erperson Lytel reported on talks with NYNEX and Cornell University on the Integrated Communications System Demonstration project. There is nothing that will be happening oil this nths�`but Alderperson Lytel will keep the in the next few mo Council informed. Baling Transfer Station Al erperson Cummings asked that the Minutes reflect that the city is very anxious to cooperate with the county to gather any additional information needed on the remaining sites under consideration. She stated that the resources of our Public Works and Planning Department are available for evaluating those sites. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending t e Zoning 'Zoning' or t e City o Ithaca M Watts Lot 'ft F om Table Map of Chapter 30 Entitled alled unicipal Code (Re- zoning so- c Resolution to Li r By Al erperson Boot : Secon ed by Alderperson Schlaof C RESOLVED, That an ordinance to amend the zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning so- called Watts Lot) be lifted from Cathe table. Unanimously It 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 I. AMENDING ZONING MAP 1. That the "Official Zoning Map of the City of Ithaca, New York ", as last amended, is hereby amended and changed so that all that tract or parcel of land within the following described area presently located in the B -2a, Business District is reclassified and changed to the R -2b, Residential District. A. Beginning at a point on the northwest corner of tax parcel number 25 -3 -1, thence northeasterly a distance of approxi- mately 264 feet along the tsoltthe °IOdtheast corner of tax of Franklin Street to a poi parcel number 25 -3 -1, thence southeasterly a distance of approxi- mately 32S feet along the west boundary of the right -of -way of Lake Avenue to a point on the southeast corner of tax parcel number 25 -3 -1, thence southwesterly a distance of approximately 269 feet along the north boundary of the right -of -way of Adams Street to a point on the southwest corner of tax parcel number 25 -3 -1, thence northwesterly a distance of approximately 330 r feet along the east boundary of the right -of -way of First Street to the point of beginning. The above described area includes all of tax parcel number 25 -3 -1. 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said zoning map. SECTION 2. EFFECTIVE DATE. This ordinance shah 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. -15- May 4, 1988 123 Discussion followed on the floor on the legal questions of tabling again. City Attorney Nash stated that if the motion is tabled again, it should be brought back to Council as a new issue with a new public hearing. Tabling Resolution By Al erperson Sc lather: Seconded by Alderperson Booth RESOLVED, That an ordinance to amend the zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning of so- called Watts Lot) be tabled and that the City Clerk re- advertise for a public hearing to be held on June 8, 1988 on this matter. Carried Unanimously Authorization for Commons Advisory Board to Grant Waivers to Commons Rules and Regulations for Activities Connecte with the Ithaca Centennial Celebration By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That following review by the Department of Public LO Works, the Fire Chief, or the Police Chief, as appropriate, Iq the Common Advisory Board is hereby authorized to grant waivers of the Commons Rules and Regulations for purposes of the events LD in connection with the 1988 Ithaca Centennial Celebration = and events related thereto. This authorization is limited m solely to the events of the 1988 Ithaca Centennial Celebration Q and related events. Carried Unanimously Smoking Ord:... _:ice - Report Alderperson Booth stated that on May 19 the Conservation Advisory Council and the Charter and Ordinance Committee will be holding a joint meeting to discuss the proposed smoking ordinance. (Woo, ACC Cable Franchise - Report Alderperson Booth stated that the Charter and Ordinance Committee discussed a number of the provisions of the Cable Franchise at their last meeting. The complete package of the ACC Cable Franchise Agreement will be discussed at the Charter and Ordinance Committee meeting in May. ACC Cable Franchise - Resolution Calling for Public Hearing By Alderperson Booth: Seconded by Alderperson Sc lat er RESOLVED, That the City Clerk shall publish notice of a public hearing to '—ld at the June 8, 1988 Common Council meeting regarding i, )posed Franchise Agreement for a cable television franchise t the City of Ithaca and American Community Cablevision. .:;it notice shall specify where a complete copy of the proposed Franchise Agreement will be available for public review prior to the public hearing. Alderperson Romanowski asked City Attorney Nash if he felt there was a conflict of interest if he were to vote for the resolution calling for a public hearing on the ACC Cable Fran- chise and the resolution extending the Agreement in Principle with ACC. City Attorney Nash responded that he did not see a conflict. A vote on the resolution resulted as follows: Carried Unanimously ACC Cable Franchise - Resolution Extending Agreement in Principle By Alderperson Booth: Seconded by Alderperson Sc lat er WHEREAS, the City of Ithaca and the American Television and Communications Corporation (ATC) did execute an "Agreement in Principle" regarding the delivery of future cable television services on December 2, 1987, and 15.2 15.6 15.7 124 -16- May 4, 1988 WHEREAS, such agreement was to terminate on April 30, 1988, and the City of Ithaca is desirous of extending the terms of said agreement to allow the parties thereto further time in which to complete final action on a new cable television franchise agreement; now, therefore, be it RESOLVED, That the "Agreement in Principle" between the City of Ithaca and ATC dated December 2, 1987 should not terminate on April 30, 1988 but should be extended to Friday, July 8, 1988, and the City's non - waiver of its rights under the Cable Act to hold an administrative hearing pursuant to Section 626 should likewise be extended through Friday, July 8, and be it further RESOLVED, That the Common Council directs the Mayor and City Attorney to take appropriate steps to implement the position of Common Council as stated in the previous clause. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously HUMAN SERVICES COMMITTEE: Playgroun Camp at Nort east School By Al erperson Peterson: Second by Alderperson n funding WHEREAS, the Town of Ithaca is not participating in funding for the Youth Bureau in 1988, and WHEREAS, the Youth Bureau, in the past, has held a summer playground camp in the Town of Ithaca, and WHEREAS, Youth Bureau staff has requested a Common Council decision on the continuence of this program; now, therefore, be it RESOLVED, That the Northeast School playground summer program be held under the following conditions: 1. The Youth Bureau staff and Advisory Board decide that they wish to conduct the program, 2. Participants pay the triple rates if they are not City residents, and 3. The Town of Ithaca agrees to cover any deficit costs not covered by program fees as determined by the City Controller. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously California Grape Boycott - Report Alderperson Peterson reportea t at the committee has met with a grape shipper and a grape grower. The committee reaffirmed the stand that was taken at Council last month, reaffirmed their support of New York grapes and stressed that the boycott in not on New York grapes. If anyone wants more information she asked them to meet with her. Homeless Task Force Al erperson Lytel stated that on May 2S there will be a meeting for everyone who has anything at all to do with homelessness in Ithaca. He asked that a representative from Council attend this meeting. Information will be forthcoming regarding the time and place. Alderperson Booth indicated he would attend the meeting. 16.1 -17- May 4, 1988 BUDGET AND ADMINISTRATION COMMITTEE: 125 Finance Department Annual Report 18.1 By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That this Common Council acknowledges the receipt of the 1987 Finance Department Annual Report. Carried Unanimously Audit By Alderperson Schlather: Seconded by Alderperson Killeen 182 RESOLVED, That the bills presented as listed on Audit Abstract #8/1988, in the total amount of $46,453.69, be approved for payment. Carried Unanimously City Tax Bill Enclosure 18.3 By Alderperson Schlather: Seconded by Alderperson Nichols WHEREAS, the Recycling Education Coordinator has requested permission to enclose an informational flyer with the second installment of the 1988 City Tax bill, and WHEREAS, it is necessary for Common Council to approve all enclosures; now, therefore, be it LO RESOLVED, That this Common Council approves and authorizes the �. enclosure of an informational flyer with the second installment of the 1988 City Tax bill, as requested by the Recycling Education LO Coordinator. Carried Unanimously M Q Light Rescue Vehicle Bid 18.4 By Alderperson Schlather: Seconded by Alderperson Johnson WHEREAS, the Board of Fire Commissioners of the City of Ithaca has received bids for furnishing a light rescue vehicle, including equipment for delivery in 1988, and WHEREAS, the Board of Fire Commissioners has reviewed the bids for compliance with specifications and recommends acceptance of the bid received from Saulsbury Fire Apparatus of Tully, New York, in the net amount of $99,248; now, therefore, be it RESOLVED, That Saulsbury Fire Apparatus of Tully,-New York be awarded the contract for furnishing a light rescue vehicle, including equipment, for its net bid of $99,248, and be it further RESOLVED, That payment for this vehicle, including equipment, be made from Capital Reserve #15 - Fire Engines. Carried Unanimously Renovatons e Engines Bid 18.5 By Alderper blather: Seconded by Alderperson Johnson WHEREAS, thy: d of Fire Commissioners of the City of Ithaca has received bids for renovations to Engine 909 and Ladder Truck 933, and WHEREAS, the Board of Fire Commissioners has reviewed the bids for compliance with specifications and recommends acceptance of the bids received from Nuttall Equipment Company of Sherman, New York, for renovations to Engine 909, in the amount of $34,782 and Ladder Truck 933, in the amount of $34,948; now, therefore, be it RESOLVED, That Nuttall Equipment Company of Sherman, New York, be awarded the contract for providing renovations to Engine 909, (600,11 in the amount of $34,782, and Ladder Truck 933, in the amount of $34,948, and be it further RESOLVED, That payment for these renovations be made from Capital Reserve #15 - Fire Engines. Carried Unanimously 1. 2 f► -lg- May 4, 1988 Request to Bid Fire Vehicles 18.0 By Alderperson Sc lat er- Seconded by Alderperson Johnson RESOLVED, That this Common Council authorizes the Board of Fire Commissioners to seek bids for the following vehicles, in accordance with the Fleet Replacement Schedule as proposed by the City Controller: 1. Heavy Rescue Vehicle to replace present 1981 Engine 901. 2. Pumper to replace present 1971 Engine 905. 3. Pumper to replace present 1968 Engine 906. Carried Unanimously Request to Bid Construction of 2 New Fire Stations l� By Alderperson Sc latter: Secon ed by —Alderperson Johnson RESOLVED, That this Common Council authorizes the Board of Public Works to seek bids for the construction of two new fire resistent stations. Carried Unanimously Request to Bid Renovations to Existing Fire Stations 18.8 By Alderperson Sc lat er: Secon ed y Al erperson Johnson RESOLVED, That this Common Council authorizes the Board of Public Works to seek bids for renovations to Central, Number 9 and Number 7 Fire Stations. Carried Unanimously Youth Bureau Authorized Equipment List 18.9 By Alderperson Schlat er: Seconded by Alderperson Cummings RESOLVED, That the 1988 Authorized Equipment List for the Youth Bureau be amended to include the purchase of one IBM Wheelwriter Typewriter, at a cost not to exceed $824, as requested by the Acting Youth Bureau Director, and be it further RESOLVED, That an amount not to exceed $824 be transferred within the Youth Bureau Budget from Account A7310 -110, Staff Salaries, to Account A7310 -210, Office Equipment. Carried Unanimously Maintenance of Sidewalks 18.10 By Al erperson Sc lat er: Seconded by Alderperson Cummings WHEREAS, the New York State Department of Transportation proposes the construction of Route 13, Meadow Street, S.H. C64 -10, S.H. C64 -11 and S.H. C58 -03 in the City of Ithaca, and WHEREAS, the State will include as part of the construction, reconstruction or improvement of the above mentioned project the construction of sidewalks, pursuant to Section 10, subdivision 22, of the Highway Law, as shown on the contract plans relating to the project, and WHEREAS, the service life of the relocated and /or replaced utilities has not been extended, and WHEREAS, the State will provide for the reconstruction of the above mentioned work, as shown on the contract plans relating to the project; now, therefore, be it RESOLVED, That the City of Ithaca approves the construction of such existing sidewalks and the above mentioned work performed on the project and shown on the contract plans relating to the project, and that the City of Ithaca will maintain or cause to be maintained the newly constructed or reconstructed sidewalks performed as above stated and as shown on the contract plans, including the control of snow and ice, and be it further RESOLVED, That this construction and reconstrution comply with the City policy for handicapped arc— s-i.bil -ity and be it further -19- May 4, 1988 127 RESOLVED, That the Clerk of this Council is hereby directed to transmit two (2) certified copies of the foregoing resolution to the State Department of Transportation. Carried Unanimously Building Department Personnel Roster By Alderperson Schlat er: Seconde by Alderperson Cummings RESOLVED, That the Building Commissioner be authorized to hire one (1) Building Inspector and one (1) Housing Inspector as replacements for two (2) retirements that will take place this Fall, and be it further RESOLVED, That $15,000 be transferred from A1990, Restricted we Contingency, to Building Department Account A3620 -110, Staff Salaries. Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: T It Alderperson Peterson reminded Council members to submit recipes for the RSVP Centennial Cookbook. M Conservation Advisory Council Iq Alderperson Peterson presented the following resolution on LD Southwest Park from the Conservation Advisory Council: M "WHEREAS, no official decision has been reached regarding Q the fate of Southwest Park, and WHEREAS, the Department of Public Works is using the northern portion of the park as a dump for public works refuse, and WHEREAS, the Department of Public Works believes that the purpose of this dumping is to save money and to raise the level of the park for possible future use as a park, and (4000" WHEREAS, the City is fairly well- endowed with grassy parks but not with woodlands, and WHEREAS, the trees in the southern portion of the park are being knocker? :own to accommodate the refuse, and WHEREAS, the Liepartment of Public Works cannot restrict its operations to the central portion of the dump area (thus saving the woods) without being directed to do so by Common Council; now, therefore, be it RESOLVED, That Common Council direct the Department of Public Works to confine its activities to the central portion of the dump area and discontinue pushing back the edge of the woods, and be it further RESOLVED, That Common Council direct the Department of Public Works to avoid dumping in areas of the park that have recovered to a natural state. Discussion followed on the floor. It was noted that the area just inside the park entrance where gravel is being stored and where street - cleaning trucks dump their loads perhaps could continue to be used in this way as long as no more trees are knocked down. Resolution to Refer to Committee By Alderperson Peterson: Secon ed by Alderperson Johnson RESOLVED, That the resolution from the Conservation Advisory Council. regarding the Southwest Park be referred to the Planning and Development Committee for review and report back to Council. Ayes (9) - Booth, Cummings, Lytel, Nichols, Kileen, Peterson, Johnson, Romanowski, Hoffman Nay (1) - Schlather Carried 18.11 20.1 -20- May 4, 1988 128 NEW BUSINESS: Lan strom Landfill Al erperson Ho man stated that he would like the city to start the process of investigating what legal alternatives the city would have if the Landstrom Landfill closes in June. Resolution By Alderperson Hoffman: Seconded by Alderperson Nichols RESOLVED, That the matter of investigating legal alternatives for disposal of city municipal solid waste in the event that Landstrom Landfill is closed be referred to the Department of Public Works and Board of Public Works. Carried Unanimously Executive Session By Al erperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Common Council adjourn into Executive Session to discuss a personnel matter. Carried Unanimously ADJOURNMENT: Council adjourned into Executive Session at 11:35 p.m. 6mllista F. Paolange; i City Clerk J 129 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7:00 P.M. May 25, 1988 PRESENT: Mayor Gutenberger Alderpersons (9) - Booth, Cummings, Hoffman, Johnson, Killeen, Lytel, Nichols, Romanowski, Schlather ABSENT: Alderperson Peterson (excused) OTHERS PRESENT. City Attorney Nash Planning and Development Director - Van Cort City Clerk.- Paolangeli Planning and Development Deputy Director - Mazzarella City.-Planner - Jones, LO PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all � Y g present iTF=the Pledge of Allegiance to the American flag, m ADDITIONS TO THE AGENDA: Executive Session Mayor- ,Gutenberger requested the addition of an Executive Session at the end of the meeting to discuss_ a personnel matter and a possible contract for purchase of property. No Council member objected. COMMUNICATIONS FROM THE MAYOR: Centennial Mayor Gutenberger reported that he has been. going around to the Towns 'and Villages in the County with Centennial trees. He stated- that there was a very nice reception and resolution from Dryden. Copies of that resolution have been sent on to the Alderpersons. He read the following excerpt from 'a resolution that was received from the Freeville Village Board: "RESOLVED, That the Board of Trustees on behalf of the residents of the Village of Freeville hereby extends congratulations.to the people of the City of Ithaca on the occasion of their Centennial Celebration and extend warmest wishes for their continued prosperity and success, and be it further RESOLVED, That June 1, 1988 be proclaimed "Ithaca Centennial Day" in the Village of Freeville and that the citizens of Freeville be urged to pause on that day and join our sister municipality in their celebration and join in the community spirit that has made Ithaca the great cultural and commercial center of our county." Mayor Gutenberger further stated that as these communications come in from the Towns and Villages in the County that he would like to have them framed and displayed in Council Chambers. He also asked Council members to assemble at 6:45 p.m. on June 8th for a group picture to be placed next to the portrait of the Council of 1888. SPECIAL ORDER OF BUSINESS: Cherry Street Industrial Park - Evaporated Metal Films, Inc Lease /Sale Agreement 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 Ithaca Urban Renewal Agency has examined the qualifications of respondents and evaluated their responses per 130 Section 1(c) of said procedure, and WHEREAS, the Cherry Street Industrial' Park was developed to encourage the retention and expansion of local area industries, and WHEREAS, Evaporated Metal Films, Inc. desires to acquire 1.48+/ - acres. on the east side of the park to accommodate its expansion needs, and WHEREAS, the Urban Renewal Agency and Common Council have reviewed the terms of the proposed lease /sale agreement, and a public - hearing pursuant to said agreement has been held; now, therefore, be it RESOLVED, That Common Council does hereby designated Evaporated Metal Films a. qualified sponsor for 1.48+/- acres in the Cherry Street Industrial Park, and does accept the terms of the proposed Tease /sale agreement, 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 withhe 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 Chair of the Ithaca Urban Renewal Agency be and hereby is authorized and directed upon. advice of the City Attorney and Director of Planning and Development to execute all instruments necessary for effectuation of this land disposition. Discussion followed on the tloor. Alderperson Schlather referred to the liability insurance clause in the agreement. He stated that the amount of the liability is a good figure for today but he wondered if there was a mechanism to adjust that figure upward in the future. City Attorney Nash replied that no provision has been made for such an adjustment at a future date. Alderperson Schlather asked that the Ithaca Urban Renewal Agency, in future leases for Industrial Parks, figure out a way to adjust the liability insurance. Alderperson .Booth stated that -he cannot support the resolution. He stated that he thinks the terms of these leases are very disadvantageous to the city in the long term. Although he supports what Evaporated Metal Films intends to do he cannot vote.in favor the resolution. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Nichols, Johnson, Lytel, Cummings, Hoffman, Romanowski, Killeen Nay (1) - Booth Carried EXECUTIVE SESSION By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That this Council adjourn into Executive Session to discuss a personnel matter and a possible contract for property purchase. Carried ADJOURNMENT Council adjourned into Executive Session Callista Paolangel City Clerk