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Home My WebLink AboutMN-CC-1988-06-080 Regular Meeting PRESENT: Mayor Gutenberger Alderpersons (10) COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 P.M. June 8, 1988 133 - Booth, Cummings, Johnson, Nichols, Hoffman, Lytel, Peterson, Romanowski, Schlather, Killeen OTHERS PRESENT City Attorney - Nash Deputy City Controller - Cafferillo Acting Deputy City Clerk - Holcomb Director, Planning and Development - Van Cort Deputy Director, Planning and Development - Mazzarella Resolution By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the April 6, 1988 Common Council Meeting be approved as corrected. Carried Unanimously Approval of Minutes of May 4, 1988 Common Council Meeting Alderperson Lytel requested that on page 14, the second paragraph, second sentence read as follows: "There is nothing that will be happening on this in the next few months that will require Council action but Alderperson Lytel will keep Council informed." Alderperson Killeen requested that on page 2, under "Miscellaneous and Unfinished Business ", the paragraph should read as follows: "Because the scheduled agenda item on the grape boycott will be a non - discussable report, and since this issue has received considerable press coverage recently, and in order to permit the full council to discuss this important matter, Alderman Killeen requested the addition of a resolution for the recession of the Grape Boycott resolution. ". Resolution By Alderperson Lytel: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the May 4, 1988 Common Council meeting be approved as corrected. Carried Unanimously Approval of Minutes of May 25, 1988 Common Council Meetina Alderperson Peterson requested that on City Attorney Nash's Minutes of the Executive Session, she be listed as Absent- Personnel Administrator - Baker Acting Police Chief - Pagliaro Commons Coordinator - Deming Acting Director, Youth Bureau - Cohen Board of Public Works Commissioner - Beeves PLEDGE OF ALLEGIANCE: (� Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. CORRESPONDENCE FROM FIRE DEPT. REGARDING CITY HALL FIRE ALARM SYSTEM: Mayor Gutenberger stated that he has received correspondence from the fire department that the fire alarm system in City Hall is in operation. If an alarm goes off, the fire department expects the building to evacuated when they arrive. MINUTES• (tawe Approval of Minutes of April 6, 1988 Common Council Meeting Alderperson Lytel requested that on page 22, paragraph 4, second line from end of paragraph the words "perhaps" and "could" be stricken. Resolution By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the April 6, 1988 Common Council Meeting be approved as corrected. Carried Unanimously Approval of Minutes of May 4, 1988 Common Council Meeting Alderperson Lytel requested that on page 14, the second paragraph, second sentence read as follows: "There is nothing that will be happening on this in the next few months that will require Council action but Alderperson Lytel will keep Council informed." Alderperson Killeen requested that on page 2, under "Miscellaneous and Unfinished Business ", the paragraph should read as follows: "Because the scheduled agenda item on the grape boycott will be a non - discussable report, and since this issue has received considerable press coverage recently, and in order to permit the full council to discuss this important matter, Alderman Killeen requested the addition of a resolution for the recession of the Grape Boycott resolution. ". Resolution By Alderperson Lytel: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the May 4, 1988 Common Council meeting be approved as corrected. Carried Unanimously Approval of Minutes of May 25, 1988 Common Council Meetina Alderperson Peterson requested that on City Attorney Nash's Minutes of the Executive Session, she be listed as Absent- � I � excused. Resolution By Alderperson Romanowski: Seconded by Alderperson Killeen RESOLVED, That the Minutes of the Special Common Council Meeting of May 25, 1988 be approved as corrected. Carried Unanimously SPECIAL ORDER OF BUSINESS Public Hearing - An Ordinance Amending the Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Watts Lot /Pogo Parcel) Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the Public Hearing to consider an amendment to the Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Watts Lot /Pogo Parcel) be declared open. Carried Unanimously No one appeared to speak to the public hearing. Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider an amendment to the Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Watts Lot /Pogo Parcel) be declared closed. Carried Unanimously I�:17 of the City of Ithaca with American Commun Resolution to Open Public Hearing e Fr sion By Alderperson Nichols: Seconded by Alderperson Lytel RESOLVED, That the Public Hearing on the 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 against the ACC re- franchise agreement. They expressed concern about many items in the agreement, especially the 15 year term of the agreement: Steve Grahling, 306 East State Street Bill McCormick, 211 Columbia Street David Parker, 701 Hector Street John Efroymson, 420 North Cayuga Street Will Burbank, 222 read the following statement to Council: "Tonight this Council will be considering a motion to accept the franchise agreement that the negotiating committee has worked out with ACC. I don't think I have to tell you how important this decision will be. I understand that most of you only got the final draft of this agreement this week, perhaps yesterday. I wonder how many have had time to fully read the 40 plus pages of single space type, and really, really taken apart what lies therein. In my reading of this document, I find things good and bad. I am pleased that provisions for community access have been strengthened but concerned that the access coordinator will be accountable to ACC and not the community. I am glad to see discounts for low - income seniors, but disappointed that the price break is a meager 10 percent. And I can accept the system of proposed rate hikes but I am totally distressed that we would grant ACC the right to bring suit for total rate deregulation as of March 1, 1991. For the most part, this agreement is a mixed bag; maybe the best we can do, given the total act of a competitive alternative at this time and the anti - regulatory climate at the federal level. 191, 19, 1I If there is one final aspect of this proposed agreement which to my mind casts a deep shadow over everything else and justifies its rejection tonight, it is the proposed term of 10 to 15 years. Though the whereas's clearly state that the franchise would be non - exclusive and revocable, common sense suggests otherwise. Our community will be stuck with ACC for a very long time and as I think you will be hearing from people from a variety of sources, we will come to regret it. No other company is going to come in and attempt to provide competing, comprehensive cable service as long as this agreement is in force. Maybe the phone company will do some over - lapping elements of interactive communication but for the basic television service we will be forced to rely on ACC. Can you honestly imagine this Council undertaking to sue Time, Inc. or whatever other mega- corporation happens to own ACC ten years from now. For all practical purposes this agreement is setting up a monopoly and one that is only minimumly regulated. An agreement like this may be on balance the best- we can do tonight in this waning days of the Reagan era. But, let's not write off our options for the very near future. Ten years is totally unreasonable, 15 years borders on the obscene. I hope this C� Common Council will have the good sense to send this agreement back to Committee and try to re- negotiate for 5. Thank You." No Council member objected. Charter and Ordinance Committee Alderperson Booth requested the addition of Item 18.4, Environmental Review regarding the Cable Franchise Agreement. No Council member objected. Unfinished and Miscellaneous Business Alderperson Booth requested the addition of Item 21.4, a report on the Youth Bureau Planning efforts with the County. No Council member objected. Reports of Special Committees and Council Liaisons Alderperson Peterson requested the addition of Item 20.2, a report on Six Mile Creek Committee. No Council member objected. Budget and Administration Committee Alderperson Schlather requested that Item 16.11, Employee Health Plan Booklet, be changed from possible resolution to resolution with the possibility of being tabled. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL: Resolution to Close Public Hearing By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That the Public Hearing on the adoption of a New Cable Franchise Agreement for the City of Ithaca with American Community Cablevision be declared closed. Carried Unanimously ADDITIONS TO THE AGENDA: Planning and Development Committee Alderperson Cummings requested that Item 15.2, Solid Waste Central Processing Facility, be changed from possible to resolution. No Council member objected. Charter and Ordinance Committee Alderperson Booth requested the addition of Item 18.4, Environmental Review regarding the Cable Franchise Agreement. No Council member objected. Unfinished and Miscellaneous Business Alderperson Booth requested the addition of Item 21.4, a report on the Youth Bureau Planning efforts with the County. No Council member objected. Reports of Special Committees and Council Liaisons Alderperson Peterson requested the addition of Item 20.2, a report on Six Mile Creek Committee. No Council member objected. Budget and Administration Committee Alderperson Schlather requested that Item 16.11, Employee Health Plan Booklet, be changed from possible resolution to resolution with the possibility of being tabled. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL: 4 Parking Issues Peggy Underwood, Commons Advisory Board Chair, read the following joint Statement from the CAB and the DIBA to Council: "There is increasing need for attention to be given to parking issues in the Central Business District of Ithaca. The CAB and the DIBA request, through this joint statement, that Common Council officially recognize the need for focused attention to improve the management of current parking and the need for future parking and planning in the Central Business District to meet anticipated growth. To accomplish this we urge CC to appoint a committee to research, discuss, evaluate and recommend an agenda on issues of parking in the Central Business District and neighboring areas. Such an effort should preferably recommend within three or four months an agenda to CC as to: 1. Reconfirm the City's commitment to provide adequate parking in the Central Business District. 2. The present needs for improvement in policies, enforcement and inter - department cooperation. 3. The need to provide additional parking capacity. It is suggested that a committee be created for this purpose that would represent the following interests: Board of Public Works Department of Public Works Planning Board Planning Committee of CC Police Department DIBA /CAB Neighborhood representatives (specific individuals should be recommended by each of the above) It is important that Council direct department heads to provide staff time as needed for this objective. We are requesting that at a future Council meeting a resolution to this effect be introduced. Thank you." Farmer's Market Anna Steinkraus, President of the Ithaca Farmer's Market, read the following statement from the Board of Ithaca Farmers' Market: "The Board of Directors of the IFM has unanimously voted to pursue the Ithaca city -owned DPW site as a home for the remainder of the 1988 season, following vacating Inlet Island on June 25, 1988. The IFM Board of Directors has begun to evaluate the same city -owned property as a possible permanent site for the IFM. After our initial survey of the site and preliminary discussions with city officials, the IFM Board of Directors unanimously voted that the DPW site is now the preferred site for the IFM." Ms. Steinkraus stated this was passed by the Board of Directors on May 26, 1988. The timetable for the IFM to make a move to the DPW site is very tight. Everything must be moved in there and ready for a Market on July 2. She urged Council members to pass the resolution that is on tonight's agenda for the IFM. Ms. Steinkraus read the following letter that was sent to Mayor Gutenberger, with a copy to her from the Commissioner of Ag & Markets: "I just learned of Ithaca's recent site offer to the Farmer's Market group. Judging from the comments received, the site W, D 6 -g -8g 5 appears to be an ideal alternative to the present location. I understand the traffic flow will be somewhat better and of course the possibility of a permanent Farm Market location excites everyone. Ithaca's offer appears to be an ideal solution to what had become a protracted issue. As Commissioner, I would like to take this opportunity to personally express my sincere appreciation regarding Ithaca's commitment to those who constantly provide us wholesome farm products. Please convey a special thanks to those officials who assisted in this matter and let me know if the department can be of some assistance during the transition period." George Sheldon, Lansing, spoke to Council regarding the move to the DPW site of the Ithaca Farmers' Market. He urged Council to approve the resolution on tonight's agenda. He also referred to Q� the resolution appealing the National Parks Service ruling the Use of Inlet Island. He expressed concerns about how permanent the Third Street site will be for the=Market. M City Hall Annex Disposition m Michael Pichel, 320 North Aurora Street, addressed the Council on < his own behalf and not as Attorney for any party or bidder having to do with the disposition of the City Hall Annex. He spoke in opposition to the proposed disposition of the City Hall Annex. He read the following statement to Council: "The proposal should be rejected as improper and unlawful public policy. Common Council, itself, resolved on October 7, 1987 that the annex and fire station were surplus property. Common Council instructed the Ithaca Urban Renewal Agency to solicit bids for the sale of the properties. The resolution was as follows: 'That such proposals be evaluated on the proposed reuse of the structure, the appropriateness of any planned alterations of the exteriors of the structure and the purchase price'. The IURA received bids for the annex, and evaluated the bids - but not just on the proposed reuse of the structure and the purchase price - but on the suggestion of one bidder that he might renovate his own Corner Book Store Building, if his lower bid was accepted. The proposal recommended by the IURA is for $40,000 less than the full value of the City Hall Annex and the bid is not at all in conformity with the requirements, and the bid conditions published by the city. I tried to take a look at the Schlough proposal and it was not available to me. It required a "freedom of information" request to even obtain a copy. I am not sure that.the members of Council (400-', previously had an opportunity to review the proposals in full, so I have distributed a copy of the high bid and the Schlough bid to each Council member. You will note the Schlough proposal is contingent upon: 1. Obtaining mortgage financing "satisfactory" (to Mr. Schlough). 2. Variances from the City, the State and other authorities from building laws, zoning laws, and from handicap access requirements. 3. Granting by the City of 2 on- street parking /loading spaces for Mr. Schlough's use. 4. Granting of ramp parking spaces, the number of which is C.1 to be determined by Mr. Schlough. 5. Removal of the bridges connecting the annex to City Hall, to be paid entirely by the taxpayers, with no contribution whatsoever from Mr. Schlough. 6. Mr. Schlough's "bid" is even contingent upon his own "further cost analysis ". I ask each of you whether Mr. Schlough's proposal is really a bid? It is not binding in any way upon Mr. Schlough, only upon the City. The higher bid which was received by the city from Lower and Hubbell was non - contingent in every respect. Lower and Hubbell requested not a single concession from the city, from the state or any other public authority. The Lower and Hubbell bid required no other expenses from the City of Ithaca for anything after the bid was accepted. The IURA when it made its recommendation based upon appropriateness of planned alterations to the Corner Book Store Building, absolutely failed to follow Common Council's resolution requiring that the proposal be evaluated on the proposed use of the annex structure. - State and local law requires that public property be sold for "full value ". The sale of the City Hall annex for less than the non - contingent cash $255,000 bid violates state law and the city charter. The city put the property up for bid, and received a responsive non - contingent cash offer of $255,000. This cash offer, from a ready, willing and able purchaser superseded any outdated, prior evaluation by appraisal, or any other means. What if Mr. Schlough should be awarded the building at the reduced price and he does not complete the proposed renovation of the annex and /or his Corner Book Store building? The sale that is proposed by the city has no requirement that the sponsor complete any proposed renovations. The only thing that is going to be included in the sale according to the bid document is that the facade not be changed without application to the appropriate committee. There is no provision for a reversionary clause, no provision for a performance bond, there is no protection whatsoever for the city and the taxpayers for non - performance should this be awarded for $40,000 less to Mr. Schlough. He is not, by the bid documents that have been distributed, required to do anything. The City taxpayers should know that the $40,000 discount to Mr. Schlough is practically equal to a full year's salary for the entire Common Council. It does seem a bit unfair for the city to award a $40,000 subsidy to a property owner for proposing (but not promising) to renovate his own building (and then be subject to all kinds of contingencies). I have asked and I have been advised that a subsidy or award of $40,000 is not available to any other taxpayer or property owner, who makes such a non - binding contingent proposal. In fact, no subsidy is available to any other property owner in the City of Ithaca who makes a binding proposal, or even one who actually develops his or her property on the Commons or anywhere else. A review of the proposal makes it obvious that the subsidy to Mr. Schlough greatly exceeds $40,000. What is the value of two on- street parking spaces? Has the city appraised those spaces? Has the City appraised the parking ramp spaces (the number of which are to be determined by Mr.Schlough)? Has the city evaluated the cost of removing the bridges? I estimate that the parking spaces and the bridge removals have a value greatly exceeding an additional $100,000 subsidy. 7 Does the Common Council have any duty to the taxpayers to evaluate all of the concessions requested by Schlough, before approving the sale. Certainly the officers and Board of Directors of any private corporation would have a duty to their stockholders to read and carefully evaluate the entire proposal, including the cost. These other concessions were never made public to anyone and it was difficult to even find them myself. (400" The City's bid package requires that the sponsor the purchase price (in cash) by July 8, 1988. The close and pay contingencies Q� set forth in Mr. Schlough's bid are absolutely impossible of rolls, to maintain the annex, to insure the annex, and being met by July 8, 1988. The time requirements of making treasury applications for variances alone will prohibit Mr. Schlough from Q meeting the city's requirements. The higher non - contingent Can Mr. Schlough give the city any assurance that he proposal bid from Lower and Hubbell did not require any with the extensions of time to pay the purchase price. (� Another item that the Council should consider is what is the cost Q� to the city and the taxpayers to keep the annex off the tax rolls, to maintain the annex, to insure the annex, and what is the cost of not having the purchase price in the public treasury m should delays occur beyond July 8, 1988. Q Can Mr. Schlough give the city any assurance that he has the ability to obtain the necessary financing and proceed with the renovations? Is Mr. Schlough willing to put anything whatsoever at risk to back up his assurances? His purchase offer indicates that he is unwilling to do so. His proposal indicates that he has not even completed his feasibility studies; that he does not have the architectural drawing required for cost analysis and for mortgage applications; that he has problems with parking, handicap access, zoning, building codes. Mr. Schlough also is faced with possible title problems, because he is proposing to purchase the property from the city, in violation of state and city codes, for less than "full value ", and because the city and IURA has failed to follow its own resolution, rules and regulations. If Mr. Schlough is unable to obtain the necessary feasibility studies, variances, parking, his offer becomes a nullity by the terms of his offer. In the meantime, the city can be delayed for months or even years while Mr. Schlough determines whether his project is feasible and whether he can make a mortgage and variance applications. As to Mr. Schlough's record as a property owner in the City of Ithaca, I would like to quote from Mr. Schlough's own proposal. In his proposal, he described his own Corner Book Store Building: 'Condition of the building is run down and far out of date as to current fire safety and building code standards. Major repairs are needed in various areas of the building to preserve its integrity and its efficiency.' Other property owners in the City of Ithaca are not rewarded by being given a $40,000 discount for failure to repair and maintain their own property and I ask that the IURA proposal be denied. Thank you." Paul Sayvetz, 201 Elm St., spoke to Council on the City Hall Annex proposal. He asked Council to remember that a few months ago he mentioned that he thought the Urban Renewal Agency was not benefiting the City. He also asked council to think very seriously before putting Ithaca Neighborhood Housing on a budget line. or W Charles Schlough, 115 S. Cayuga St., spoke to Council on the City Hall Annex. He stated he only wanted to take a brief moment to explain one or two quick points. He stated he made his proposal with complete ignorance as to the price anybody else may choose to put on their proposal. It was not a bid in a conventional sense. It was a proposal for the reuse, with a price, for that property. He stated he did not demand that the city give him anything. He did not ask the city to give him parking spaces on the street or anywhere else. He did not ask the city to take down the bridges that connect this building with that building. A lot of things Mr. Pichel referred in the references he made to his proposal represent to him carelessness in reading, or an intention to persuade a different interpretation than what that proposal said. He would ask the Council to reconsider the exact proposal as he wrote it and then to compare it to the one he just referred to in his speech. Baling Transfer Station Joe Daley, 218 S. Albany St., spoke to Council on the matter of a Baling Transfer Site with the city. He stated it's becoming increasingly obvious to him that the threat to the Farmer's Market is not a result of any vote that Council may take regarding the Market itself, but the possible resolution, regarding the City agreement with the County about the Baling Station. He stated that before any agreement is made between the County and the City, he hopes that the questions that aren't answered are brought forth and that the agreement is made knowing what the answers are. City Hall Annex Jason Fane, 113 S. Quarry Street, spoke to Council in opposition to the Schlough proposal for the City Hall Annex. He stated that he understands that the city is considering selling the property to Charles Schlough and that his bid was not the high bid. He stated he tried to compare as best he could the Schlough proposal with the Lower - Hubbell proposal to see the magnitude of the differences in the proposals. He referred to several points in Mr. Schlough's proposal and in his estimation there is a total of $415,000 difference of benefit to the city by accepting the Schlough proposal. RESPONSE TO THE PUBLIC: ACC Re- franchise Alderperson Lytel stated that the three things that were raised in negotiations were participation in the process, whether or not this is a community medium, and what the rates would be. He stated that we are operating under the Cable Act of 1984, which wh went into effect in January of 1985, when we began our re- franchising. He further stated that he would hope that in the signing of this contract, it will give us even stronger provisions to enforce. Our oversight of those new provisions will continue to be rigorous and he thinks that those provisions in the new cable contract, puts access users, rate payers, and the City government in a stronger position in dealing with the cable company in the future. Sale of the City Hall Annex Alderperson Booth stated that in his mind there is still an open question as to which of these bids the city should receive. He stated that he hadn't seen the documents that were submitted until they were handed out this evening. He remarked that he will have to examine them more closely, but he wanted to say for the record that he reads Mr. Schlough's proposal as containing a number of .significant conditions and that they have costs associated with them. He thinks the IURA should speak to that when it comes back to us with its recommendation. Baling Station Z 2.3 M-111 AMA; 0 Alderperson Booth stated that in regards to the comments about the decision we are going to make tonight on the baling station, he hopes the citizens of Ithaca realize that this is a vastly important decision. Garbage is going to be one of our most difficult problems to deal with in the future and he thinks that in taking the action that is proposed tonight the city is making a major step towards working in conjunction with other municipalities so that we can contribute substantially to the Further discussion followed on the floor. Baling Station Alderperson Nichols stated that he agrees on the baling station. It seems to him that Council in general, in reaction to the original County proposal has done just the right thing. City Hall Annex Proposal Mayor Gutenberger stated that since in the statement that Mr. Pichel read to Council Mr. Lower's name was mentioned a number of times, he would like council and the public to know that Mr. Lower has been in contact with him, has said that he has reviewed all the proposals, that Mr. Lower has stated to him that the Schlough proposal, in his opinion, is in the best interest of the City of Ithaca. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported on the following: West Side Sidewalk Project: The West Side sidewalk project is part of the Community Development grant awarded to the City of Ithaca in 1987. $25,000 was awarded for construction of sidewalks and curbing on West Seneca, and West Buffalo streets between Fulton and the Inlet. The Board of Public Works has unanimously endorsed this project and it will be a nice addition to the West End. The Board hopes Council approves this (4well resolution. Stewart Park: The Board of Public Works has been asked by Acting Police Chief Walt Pagliaro, to look into the problem of alcohol consumption at Stewart Park. The Board is getting more and more complaints about the problems that are being created down there. The Board has asked the City Attorney's Office for a ruling on where the Board stands and we haved been advised that the Board of Public Works has the power to regulate and maintain the Parks. Shp- stated that the Board is working. on it and hopes to very soon have some kind of a ruling on how to cope with this problem. Collegetown Assessment District: A Special Benefit Assessment solution of handling garbage. IURA Clarification Alderperson Cummings stated for clarification that it had been suggested that the agency must accept the highest bidder. She would like to point out that is an incorrect understanding and that the agency not only may select a lower bidder but in certain cases when the project is to the benefit of the public good and serves public needs as a clearly defined project, the (� agency also has the authority to select under market value and �j there are no such under market value proposals being presented. TJ Annex Clarification: Alderperson Cummings stated to Council members that in regard to the handout from Mr. Pichel, and the proposals which were 4[ submitted to the agency, the agency's agreement to accept did not contain the conditions that are spelled out in that proposal. These conditions which are being cited as absolute fact are not part of the existing proposal. Further discussion followed on the floor. Baling Station Alderperson Nichols stated that he agrees on the baling station. It seems to him that Council in general, in reaction to the original County proposal has done just the right thing. City Hall Annex Proposal Mayor Gutenberger stated that since in the statement that Mr. Pichel read to Council Mr. Lower's name was mentioned a number of times, he would like council and the public to know that Mr. Lower has been in contact with him, has said that he has reviewed all the proposals, that Mr. Lower has stated to him that the Schlough proposal, in his opinion, is in the best interest of the City of Ithaca. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported on the following: West Side Sidewalk Project: The West Side sidewalk project is part of the Community Development grant awarded to the City of Ithaca in 1987. $25,000 was awarded for construction of sidewalks and curbing on West Seneca, and West Buffalo streets between Fulton and the Inlet. The Board of Public Works has unanimously endorsed this project and it will be a nice addition to the West End. The Board hopes Council approves this (4well resolution. Stewart Park: The Board of Public Works has been asked by Acting Police Chief Walt Pagliaro, to look into the problem of alcohol consumption at Stewart Park. The Board is getting more and more complaints about the problems that are being created down there. The Board has asked the City Attorney's Office for a ruling on where the Board stands and we haved been advised that the Board of Public Works has the power to regulate and maintain the Parks. Shp- stated that the Board is working. on it and hopes to very soon have some kind of a ruling on how to cope with this problem. Collegetown Assessment District: A Special Benefit Assessment 10 District has been established for the Dryden Road parking garage. Comm. Daley gave background information on the assessment district and what action the Board of Public Works has taken. Signs for Collegetown Ramp Comm. Reeves reported that the Board has approved the same type of signage for the Collegetown Ramp as has been installed in the Green Street Ramp. COMMUNICATIONS FROM THE MAYOR: Civil War Plaque Mayor Gutenberger stated that a few weeks ago there was a dedication of the monument in Dewitt Park which represent those people, residents of Tompkins County, who gave their lives during the Civil War. There never has been a monument in Dewitt Park commemorating their efforts so in our Centennial Year a group of people got together, especially descendants of the Grand Army of the Republic, and placed a memorial in the Park. They also gave us a plaque which we will hang in City Hall. Gift From Tompkins County Trust Company Mayor Gutenberger presented to Common Council an aerial photograph of the City to be hung in City Hall that is a gift to the city for its 100th birthday from the Tompkins County Trust Company. Recess Common Council recessed at 9:00 and reconvened in regular session at 9:05p.m. MAYOR'S APPOINTMENTS: Ithaca Housing Authority Mayor Gutenberger requested approval of Council for the appointment of Barbara Blanchard, 316 Brookfield Road, to the Ithaca Housing Authority for a term to expire October 17, 1988. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Barbara Blanchard to the Ithaca Housing Authority for a term to expire October 17, 1988. Carried Unanimously Affirmative Action Committee - Fire Dept. Rep. Mayor Gutenberger requested approval of Council for the appointment of Douglas Vliet, 3052 N. Triphammer Rd., to the Affirmative Action Committee for a term to expire December 31, 1988. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Douglas Vliet to the Affirmative Action Committee for a term to expire December 31, 1988. Carried Unanimously Affirmative Action Committee - Alternate - Fire Dept. Rep, Mayor Gutenberger requested approval of Council for the appointment of Rich Tracy, 48 W. Main St., Dryden, to the Affirmative Action Committee as an alternate for a term to expire December 31, 1988. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Rich Tracy to the Affirmative Actin Committee as an alternate for a term to expire December 31, 1988. Carried Unanimously Youth Bureau Director Mayor Gutenberger requested approval of Council for the 6-F 9 IL13 11 appointment of Sam Cohen to the position of Youth Bureau Director at an annual salary of $38,000 a year, retroactive to June 1, 1988. Resolution By Alderperson Nichols: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of Sam Cohen as Youth Bureau Director at an annual salary of $38,00 a year, retroactive to June 1, 1988. Carried Unanimously Mr. Cohen took the oath of office and was duly sworn in by Acting Deputy City Clerk Holcomb. CITY ATTORNEY'S REPORT: ACC - Complaints City Attorney Nash reported that his office received two phone calls in response to the access program entitled "Lesbian Lifestyles ". He advised both of these people that he would report to Council that he had received those calls. The complaints seemed to be regarding the language used. City Attorney Nash stated that he tried to explain to the people that basically he didn't think that there was anything the City could do about it. That it was probably a protected First Amendment speech from what he understood of the program's content. One of the complaints was from the City of Ithaca, the other was not. Watts Lot Alderperson Cummings asked about the status of the Watts Lot case and when we could expect to hear something. City Attorney Nash responded that normally a decision is reached within six weeks of when a paper is submitted so we should hear anytime now. PLANNING AND DEVELOPMENT COMMITTEE: 15.2 Solid Waste Central Processing Facility Alderperson Cummings: Seconded by Alderperson Booth WHEREAS, the City of Ithaca is in receipt of a resolution adopted on June 7, 1988 by the Tompkins County Board of Representatives; now, therefore, be it RESOLVED, That the City of Ithaca concurs with and the County resolution, and be it further RESOLVED, That the City of Ithaca will immediately begin negotiations with the County to implement the resolution. Dick Jones, an Engineer working for the County on the Baling Station passed out a conceptual sketch of the central processing facility that will accommodate recycling activities and baling of non - recyclable waste. Discussion followed on the floor. Mayor Gutenberger stated for the public's information that the site that is being discussed is along Route 13 between Haversticks and Purity Ice Cream. It is the site the city had bought from NYSE &G. Mayor Gutenberger stated that the County tabled their resolution of their first preferred site, the Waste Water Treatment Plant site. If the NYSE &G site is rejected, he doesn't know whether the county would lift the other one off the table or not. Mayor Gutenberger further stated that the County has identified on two resolutions the sites which meet their needs. Both of those sites happen to be in the City of Ithaca. He stated that the city has a responsibility to the County. We are a major 12 contributor to the problem, and we have an obligation to be part of the solution. Alderperson Schlather stated that we have offered sites in other parts of the City that make a whole lot more sense from the City's perspective, specifically further south in the City. The thing that troubles him about this site is that the city created this site as an Industrial Park site for a number of reasons, apparently for the same reasons that this is attractive as a Baling Station. It's accessible to Route 13, which is very important for Industrial Park purposes, it's accessible to utilities, it's accommodating a home for a problem we had in terms of finding a home for the Community Gardens. He stated that we have all the funding in place to accommodate that site as an industrial site. Alderperson Hoffman stated that at this point solving the solid waste problem in as logical a way as possible takes priority even over new industrial sites. He stated that from a planning point of view this is a good direction but he wants to make it clear that none of the details, particularly the financial details, have been settled. He thinks that there are serious costs involved with this proposal and the involved cost will have to shared and absorbed by the County. Alderperson Booth urged council to adopt this resolution. He thinks this is a satisfactory site. He stated that this is a compromise that is important to the long term interests of the County as well as the City. The city has to understand that putting this station in the City of Ithaca over the long run will allow us to realize substantial transportation savings in terms of our own transportation of garbage. He further stated that all the money items and so on that have been mentioned here tonight have to be worked out, the location of the Gardens has to worked out and so on but the resolution can be adopted tonight and we can move forward. Alderperson Romanowski stated that from a logistical standpoint, he thinks it all makes sense. He would urge a companion type piece of legislation or a direction to go along with the negotiations on this to identify and perhaps to acquire some other sites for industrial park land. Alderperson Nichols stated that he supports this resolution. He stated that he feels this is a necessary use and the idea of a baling station and reducing the cost of our trucks and traffic will save money for the City. We need the baling station, we need a recycling station. If it's going to be in the city, this is about as good a place as we can find and he stated the city should cooperate. Amending Resolution By Alderperson Lytel: Seconded by Alderperson Cummings RESOLVED, That the following be added to the end of the 'Further Resolved' paragraph: "Contingent upon an agreement that would give to the city full value of this land and reflecting the replacement cost of this parcel and the grant monies that have been received to acquire and approve it." Mayor Gutenberger urged Council to vote against the amendment. A vote on the resolution resulted as follows: Nays - (7) Romanowski, Peterson, Hoffman, Booth, Nichols, Johnson, Killeen Main Motion Ayes - (3) Schlather, Cummings, Lytel Motion Defeated 0 13 Further discussion followed on the floor on the Main Motion. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Johnson RESOLVED, That the 'first resolved' read as follows: That the City of Ithaca concurs with the County that the described site is an acceptable site for the location of a central processing facility. And the 'Be it Further Resolved' clause read as follows: That the City of Ithaca will immediately begin negotiations with the County to reach an agreement for the use of this site. ". A vote on the amendment resulted as follows: Ayes - (9) Romanowski, Booth, Johnson, Nichols, Peterson, Hoffman, Lytel, Cummings, Killeen Nays - (1) Schlather Carried M Main Motion as Amended M A vote on the Main Motion as Amended resulted as follows: Ayes - (9) Romanowski, Booth, Johnson, Nichols, Peterson Hoffman, Lytel, Cummings Q Nays - (1) Schlather Carried 15.4 Farmers Market Site Permit Determination of Non - Significance By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the matter of the granting of a one -year revokable license to the Ithaca Farmers' Market for the use of city -owned property on Third Street is currently under consideration by this Common Council and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEAR), including the Part 617 regulations thereunder, and may be a Type I action under the City Environmental Quality Review Act (E.Q.R. Section 36.5 (B)(5), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the attached Short Environmental Assessment Form and Long Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Discussion followed on the floor. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Booth !1/4 Wr 14 RESOLVED, That at the end of Part 3 of the Environmental Assessment Form the following be added: "The site will be developed according to the site plan of May 19, 1988 with the exception that a buffer zone of at least 50 feet shall be maintained between the Inlet or Cascadilla Creek and any roadway, parking area, or structure developed by the Farmers' Market. Discussion followed on the floor on the amendment. City Attorney Nash asked Council to just make a negative of the declaration then when they move onto the substance agreement, direct the Market to do whatever they want the Market to attempt to do and sidestep the Environmental issue itself. He thinks that would satisfy. As far as the agreement goes, Council can provide whatever conditions they want. Alderperson Hoffman withdrew his amendment. Alderperson Booth withdrew his seconding motion. Main Motion - A vote on the Main Motion resulted as follows: Carried Unanimously 15.4 A Ithaca Farmers Market Site Permit By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the U.S. Department of Interior National Park Service has granted the Ithaca Farmers' Market a brief extension of time to use the site at Cayuga Inlet Island, and WHEREAS, said extension expires on June 25, 1988, at which time the Market will be required to vacate the site, and WHEREAS, the Farmers' Market and City officials have been working to locate an alternative site within the City from which the Market can operate after June 25, and WHEREAS, the staging area for the wastewater treatment plant at Third Street has been identified as an appropriate site, and WHEREAS, efforts to prepare the site must begin as soon as possible to ready it for use following the Markets' removal from Inlet Island, now, therefore, be it RESOLVED, that the Common Council does approve Council the granting of a revocable license to the Farmers' Market for use of the former staging area at Third Street, and be it further RESOLVED, that the Common Council approves such license to include the following conditions: 1. The Department of Public Works be directed to complete any work it may be conducting at the site by June 10, 1988. 2. The Market be assisted by the City in grading the site to a usable level, and if such City assistance is not possible, the site be made available to the Market to carry out this work on its own without charge, and be it further RESOLVED, That an evaluation of the Market's use of this site during the 1988 season be conducted jointly by the Department of Planning and Development, the Department of Public Works, and the Ithaca Farmers' Market. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That a new condition #3 be added to read as follows: "that the site shall be developed according to the site plan of �- - e 15 May 19, 1988 except that the Market shall attempt to maintain a buffer zone of-at least 50 feet between the Inlet or Cascadilla Creek, any roadway, parking area or structure." Discussion on the amendment followed on the floor. A vote on the amendment resulted as follows: Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the existing condition #2 be deleted and a new #2 be added to read as follows: "The Market shall grade and prepare the site to a usable level in accord with the May 19, 1988 site plan and supporting documents without City assistance." Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes - (3)- Booth, Romanowski, Schlather Nays - (6) Lytel, Cummings, Nichols, Johnson, Killeen, Hoffman, Peterson Amendment Defeated Further discussion on the Motion as Amended followed on the floor. Alderperson Schlather questioned the fee being charged and stated that it has to be attached as a condition. The Board of Public Works referred the question of -the licensure of the Market for 188 to this Common Council and if Council passes this resolution without specifying it then there is no fee. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That a new Condition #4 be added to read as follows: "Such other conditions, including fee requirements, as the Board of Public Works determines are appropriate." Discussion followed on the floor on the amendment. A vote on the amendment including conditions such as fees resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending the Zoning Map of Chapter 30 Entitled Ayes - (6) Peterson, Hoffman, Booth, Johnson, Cummings, Lytel (400" Nays - (4) Schlather, Romanowski, Nichols, Killeen Carried Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That condition #2 be amended to read as follows: "That the Market grade and prepare the site to usable levels in accord with the May 19, 1988 site plan and supporting documents." And that the balance of that paragraph be struck. And that a further condition be added as follows: in recognition of the cost of such site preparation and resulting benefit to the City at large no fee be charged to or payable by the Market for m this license." Discussion followed on the floor on the amendment. n Alderperson Schlather withdrew his amendment. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the existing condition #2 be deleted and a new #2 be added to read as follows: "The Market shall grade and prepare the site to a usable level in accord with the May 19, 1988 site plan and supporting documents without City assistance." Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes - (3)- Booth, Romanowski, Schlather Nays - (6) Lytel, Cummings, Nichols, Johnson, Killeen, Hoffman, Peterson Amendment Defeated Further discussion on the Motion as Amended followed on the floor. Alderperson Schlather questioned the fee being charged and stated that it has to be attached as a condition. The Board of Public Works referred the question of -the licensure of the Market for 188 to this Common Council and if Council passes this resolution without specifying it then there is no fee. Amending Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That a new Condition #4 be added to read as follows: "Such other conditions, including fee requirements, as the Board of Public Works determines are appropriate." Discussion followed on the floor on the amendment. A vote on the amendment including conditions such as fees resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending the Zoning Map of Chapter 30 Entitled RM •it%/ 16 'Zoning' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather ORDINANCE NO. 88 - AN ORDINANCE AMENDING THE ZONING MAP OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ZONING MAP. 1. That the "Official Zoning Map of the City of Ithaca, New York ", as last amended, is hereby amended and changed so that all that tract or parcel of land within the following described area presently located in the B -2a, Business District is reclassified and changed to the R -2b, Residential District. A. Beginning at a point on the northwest corner of tax parcel number 25 -3 -1, thence northeasterly a distance of approximately 264 feet along the south boundary of the right -of- way of Franklin Street to a point on the northeast corner of tax parcel number 25 -3 -1, thence southeasterly a distance of approximately 325 feet along the west boundary of the right -of- way of Lake Avenue to a point on the southeast corner of tax parcel number 25 -3 -1, thence southwesterly a distance of approximately 269 feet along the north boundary of the right -of- way of Adams Street to a point on the southwest corner of tax parcel number 25 -3 -1, thence northwesterly a distance of approximately 330 feet along the east boundary of the right -of- way of First Street to the point of beginning. The above described area includes all of tax parcel number 25 -3 -1. 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said zoning map. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Tabling Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the ordinance to amend the zoning map of chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Watts Lot) be tabled. Carried Unanimously Recess Common Council recessed at 10:30 p.m. and reconvened in regular session at 10:40 p.m. 8.4 ACC Cable Franchise Agreement - Determination of Non- Significance By Alderperson Booth: Seconded by Alderperson Killeen WHEREAS, the matter of the granting of a franchise to American Community Cablevision is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and may be a Type I action under the City Environmental prn 17 Quality Review Act (E.Q.R. Section 36.5(B)(5), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, NOW, THEREFORE, BE IT RESOLVED, that this Common Council, as lead agency in this matter, be and it hereby does adopt as it's own the findings and conclusions more fully set forth on the attached Short Environmental Assessment ILMov, Form and Long Environmental Assessment Form, and BE IT FURTHER RESOLVED, that this Common Council, as lead agency be it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and BE IT FURTHER RESOLVED, that this resolution shall constitute (� notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, is the City Clerk's office and forward the same to any other parties as required. M < Carried Unanimously 18.2 ACC Cable Franchise Agreement By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, Recognizing the state of the franchise negotiations between the City of Ithaca and American Television Communications Corporation (ATC) regarding the delivery of future cable television services in Ithaca and recognizing that the City's Negotiating Committee has attempted to have the concerns of various residents and of members of this Common Council, as (400" expressed at public hearings and meetings, incorporated in that cable franchise agreement, and recognizing that the attached agreement in fact addresses many of those concerns, the Common Council hereby authorizes the Mayor execute the attached cable franchise agreement with ATC, subject to such changes as the City Attorney determines are necessary to make the agreement complete, workable, and enforceable. Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That at the end of the paragraph of the resolution, the following be added after the word enforceable ", in accord with the agreement in principle, including but not limited to the following: payment of the City Consultant's fee, up to $75,000; stipulation of no effective competition before the FCC; and incorporation of amendments as set forth in Mike Withiam's memo of June 8, 1988. Alderperson Lytel asked that the following language be added to the franchise agreement: In Section 19.1, at the bottom of the paragraph at 19.1, it should read that "effective March 1, 1989 ACC will not charge for additional outlets for FM service." Alderperson Lytel also made a point of correction to the appendices that City Attorney Nash handed out. Appendices C - H, pages 56e and 56f actually should be a part of appendix D. and pages 51f and 51g at the bottom of the page it says shared with L -O, L -O has priority use; that is in the access section. That should say shared with L -O, access has priority use. He stated that with these corrections the agreement should be reflective of the changes that we have negotiated in the last several weeks. Alderperson Booth asked that the record make clear that the resolution that he read includes Mike Withiam's June memo, and the verbal changes that Alderperson Lytel just announced. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That at the end of the paragraph of the resolution, the following be added after the word enforceable ", in accord with the agreement in principle, including but not limited to the following: payment of the City Consultant's fee, up to $75,000; stipulation of no effective competition before the FCC; and incorporation of amendments as set forth in Mike Withiam's memo of June 8, 1988. /54 - 1.8- W Discussion on the amendment followed on the floor. Alderperson Booth questioned if Alderperson Schlather's amendment is binding. City Attorney Nash responded that it is our understanding that they are going to put it in the franchising agreement. A vote on the amendment resulted as follows: Carried Unanimously Further discussion on the Main Motion as Amended followed on the floor. Alderperson Booth stated that on behalf of the Charter and Ordinance Committee he wished to thank the negotiating committee which has done an enormous amount of work. J_ Alderperson Romanowski stated for the record that because of his employment with a major utility company, who is also in the business of supply and communications services, he has been advised by legal counsel, that his vote could put a legal cloud on any agreements reached because of possible conflict of interest. Therefore, he must abstain from voting on this cable franchise. Alderperson Schlather stated would like to reiterate many of the comments Alderperson Lytel made earlier with emphasis on one other point, and that is that the negotiations of this contract in contrast to prior contracts of this type was done exclusively in public. He would like to thank Alderperson Lytel especially. He would also like to * thank City Attorney Nash. Alderperson Schlather also wished to thank PSD Director Van Cort for all his efforts. Mayor Gutenberger stated that he wanted to add his thanks to the negotiating com- mittee and to the City Attorney. The staff and the appointed officials did a fantastic job. Alderperson Lytel acknowledged Thys Van Cort's contribution. He has been excep- tionally good at maintaining our relationship with our consultant and there have been so many people involved in this that the departmental level work is absolutely critical. * (See Bottom of Page) Further discussion followed on the floor. Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Ayes - (7) Schlather, Booth, Johnson, Nichols, Cummings, Killeen, Lytel Nays - (2) Peterson, Hoffman Abstention - (1) Romanowski Carried UNFINISHED AND MISCELLANEOUS BUSINESS: 21.1 Purchase of Maylin /Brahm Property - Determination of Non - significance By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, the matter of the purchase of the Maylin /Brahm property by the City of Ithaca for the purpose of watershed protection is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the prep- aration 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 Quality Review Act (SEQR), including the Part 617 regulations thereunder, and may be a Type I action under the City Environmental Quality Reveiw Act (E. Q. R. Aid. Nichols asked Aid. Lytel to put on the record the City's position on the agree- ment to join with ACC in asking the State Cable Commission to waive its rules and approve a 15 year term for the franchise agreement. In particular, what would be the effect if the State Cable Commission offered to approve a 10 year term with a 5 year option. Aid. Lytel stated that he had been told by the Chairperson of the State Cable Commission that they had not approved a 15 year term since 1973, further if the State does not approve a 15 year term, that would conclude the matter and all of the terms of the franchise would remain unchanged. f" 19 Section 36.5(B)(5), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment, and will promote the protection of the City of Ithaca's water supply; 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 Short Environmental Assessment Form and the Long Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency, be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this G) negative declaration and the City Glerk be and she is hereby !T) directed to file a copy of the same, together with the CtM..� attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously 21.2 Authorization of Purchase of Maylin / Brahm Property By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, the Common Council of the City of Ithaca did meet in Executive Session at a Special Meeting held on May 25, 1988, and did authorize the making of an offer to purchase certain property located in the immediate watershed area of the City of Ithaca's drinking water reservoir for the purpose of protecting the City of Ithaca's continued supply of safe drinking water and for protection of the sensitive environmental areas on said property, and WHEREAS, said authorization provided that any offer was contingent on verifying the value of the property and completing necessary municipal approvals for actual purchase of the property, and WHEREAS, the contingent offer of the City of Ithaca to purchase the property has been accepted by the owners of the property, George Maylin and Charlotte Brahm, and a copy of the accepted offer is attached hereto, and WHEREAS, an independent appraisal has been received by the city verifying the value of the property for the purchase for $55,000.00, and WHEREAS, Common Council believes that obtaining this property is essential to maintaining it in its natural state in those areas near the city's water supply watershed, and that protecting the property in this area is vital to maintaining a source of clean (400" drinking water for the residents of the City of Ithaca in the years to come; now, therefore, be it RESOLVED, That the purchase offer attached to this Resolution is hereby accepted by the City of Ithaca and the contingencies therein are deemed satisfied by the city, and be it further RESOLVED, That the City of Ithaca shall pay to George Maylin and Charlotte Brahm the sum of $55,000.00 to purchase 44 acres of property located at 685 -687 Coddington Road in the Town of Ithaca, Tax Parcel #48 -1 -9.2 and 48 -1 -11.2 subject to review and acceptance of all title papers incident thereto by the City Attorney and the city shall pay the $300.00 fee for the appraisal O and any other closing expenses. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: 15.1 Central Business District Parking Alderperson Cummings stated that the Planning and Development Committee will continue to deal with this matter. She will have a report for Council in July. 15.3 Hydropower Seconded by Alderperson Killeen By Alderperson Cummings: WHEREAS, hydropower development has been proposed at the Ithaca Falls on Fall Creek and at several sites on Six Mile Creek, and WHEREAS, the Ithaca Falls is the most accessible scenic waterfall to any urban population within Tompkins County, and the most significant natural landmark totally within the City limits of the City of Ithaca, and WHEREAS, the New York State Department of Commerce has affirmed the Ithaca Falls' value as a feature of considerable aesthetic interest and recreational appeal by featuring it in its "I LOVE NEW YORK" travel guides, and WHEREAS, Six Mile Creek is the source of the potable water supply for the City of Ithaca, and as such requires safeguarding, and WHEREAS, Six Mile Creek sites and the Ithaca Falls site have both been designated unique natural areas by the Tompkins County Environmental Management Council, and WHEREAS, involvement by the City of Ithaca as a potential developer of hydropower on these sites has been a forced effort to preempt less environmentally sensitive and locally responsive development proposals, and WHEREAS, New York State law requires that a municipality obtain authorization from its citizens by referendum, before it may construct and operate a hydropower facility, and WHEREAS, considerable community sentiment has been expressed in opposition to the development of hydropower in Ithaca which could result in the denial of the approval needed for the City of Ithaca to undertake such action, and WHEREAS, the citizens of Ithaca must be assured that all possible means for eliminating the possibility of hydropower development at the herein mentioned sites by any other party have been fully exhausted; now, therefore, be it RESOLVED, That the Common Council on the City of Ithaca does hereby request that Congressman McHugh pursue legislation which would ban the development of any hydropower plant at the Ithaca Falls on Fall Creek and near the Thirty Foot or Sixty Foot dams on Six Mile Creek. Discussion followed on the floor. Alderperson Hoffman, as Liaison, stated that this is one of several tracks we suggest the City pursue leading up to the referendum in November. Another track is the assumption that there will be no exemption and that the citizens will have to vote and the merits of the City controlling the site versus control by another party would be presented to the citizens. He stated he thinks that most of Council believes that City control is preferable because the interests of the citizens and the environment are both more likely to be protected. In light of the fact that economics have changed and become less favorable for hydropower development and AV4� act that so many citizens feel that Ithaca Falls, in particular, is an important local landmark, �i /53 URM 21 and should not be diminished in any way by hydropower development. Alderperson Nichols stated that he opposes this resolution. He stated he thinks it's a good thing for the City. The cost of energy is going to continue to go up and up and the cost of this energy will not increase. Hydropower plants operate by themselves, they are a stable safe power generating source. The people of this City should have a voice in deciding whether they want it or not and that would come in a referendum. A vote on the Resolution resulted as follows: Ayes - (5) Schlather, Booth, Johnson, Peterson, Hoffman Nays - (5) Nichols, Cummings, Lytel, Romanowski, Killeen Mayor voted Nay breaking the tie. Motion Defeated {�+ 15.5 Northside Area /Long Range Planning Alderperson Cummings reported that the committee is looking on an overall basis at the Northside area. We need to work with the Board and the Department of Public Works to determine what their ;s± needs are: space needs - related to buildings on that site, space l�} that could be constructed elsewhere. So the first step in <:4 determining what are appropriate mixes of residential and commercial use there is also determining what is expendable property there. So we are working with the Board of Public Works next on that. 15.6 Strategic Housing & Neighborhoods Plan By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council in December 1985 passed a resolution asking the Planning and Development Board to begin development of (600" a housing and neighborhoods plan, and WHEREAS, the Planning and Development Board recommended the creation of an ad hoc committee (the Housing and Neighborhoods 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 has partici- pated 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 twelve actions geared toward neighborhood and housing improvement, and WHEREAS, a full understanding of Ithaca's housing and neighborhood situation (including number, type and tenure of housing, community needs; and the impact of recent and future development on neighborhoods, housing availability and affordability) is needed in order to develop a framework for zoning changes, site plan review, further development of housing trust fund alternatives, grant applications, and enforcement activities; now, therefore, be it RESOLVED, That this Common Council does hereby adopt the Strategic Housing and Neighborhoods Plan (December 1987) and does hereby reaffirm its March 1988 commitment to research and refine the twelve actions recommended to implement the Plan, and be it further RESOLVED, That this Common Council does hereby accept the Plan's supporting documents Recommendations of the Technical Advisory Committee (April 1987) and Supply, Demand and Affordability of Housinq (May 1987) and hereby directs the Planning Department Ald. Hoffman added the following at the 8/3/88 CC meeting: "it is necessary for the Council to demonstrate that it has exhausted every possible option for preventing a hydropower plant, before going to referendum." /, 4 ifs 22 staff to update and refine the data and conclusions contained in these reports and to use the information in the exploration and development of a housing trust fund (including developer exaction, impact fees, linkages and housing production requirements); zoning options; project review procedures and code enforcement alternatives. Carried Unanimously 15.7 Aquatic Weed Control By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the parties entered into a prior agreement which was assigned No.0001604 by the Comptroller of the State of New York. and WHEREAS, the parties desire to amend said agreement; now,. therefore, the parties agree as follows: 1. To extend the contract period from September 15, 1987 to March 31, 1989. Total contract period is April 1, 1986 to March 31, 1989. - 2. Except as specifically modified herein, said prior Agreement No. C001604 remains in full force and effect. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: 16.1 Bus Grant Agreement 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 purchase five (5) 35 foot passenger buses and related equipment, and WHEREAS, the project has been approved by the New York State Department of Transportation and the Federal Government for Federal and State financial assistance; now, therefore, be it 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, said Agreement, which is attached hereto and made a part of this resolution, and be it further RESOLVED, That Mayor John C. Gutenberger is authorized to progress and complete the above project, and be it further RESOLVED, That the City of Ithaca agrees to provide its share of the project cost, which is estimated to be $67,000, according to the terms of said Agreement, and hereby certifies the availability of this amount for this purpose. The City of Ithaca's actual project cost, determined by the final project Audit, that is not reimbursed by Federal Section 18 and State Mass Transportation funds. Carried Unanimously 16.2 INHS Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That Ithaca Neighborhood Housing Services be considered as a line item in the 1989 City Budget, as requested by its Executive Director, and be it further RESOLVED, That the application for funding be referred to the Human Services Committee for recommendation, in time for the Mayor's Budget. 23 Carried Unanimously . u 16.3 City Attorney Legal Services By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That the request of the City Attorney for $2,500 to acquire legal services be approved, and be it further RESOLVED, That an amount not to exceed $290 be transferred within the Youth Bureau Operating Budget from Account A7310 -110, Staff Salaries, to A7310 -225, Other Equipment. -(40000, Carried Unanimously 16.6 Audit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #10/1988, in the total amount of $22,198.17, be approved for payment. Carried Unanimously 16.7 Southwest Area Mapping By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, it is in the best interest of the City to prepare topo- graphic maps for the planning of future projects in the southwest portion of the City, and WHEREAS, it is economically advisable to prepare these maps as a single project; now, therefore, be it RESOLVED, That an amount not to exceed $2,500 be transferred from That the Account A1990, Contingency, to the Law Account A1420 -430, Fees of Public Works for an for Professional Services. amount not Carried Unanimously $19,500 to engage a surveyor to provide this 16.4 City Hall Building Equipment service be By Alderperson Schlather: Seconded by Alderperson Killeen and be it further RESOLVED, That the 1988 Authorized Equipment List for the City Hall Building be amended to include the purchase of drapes for That an the Ithaca Centennial Commission Office, and be it further L) � (400., from Account A1990, RESOLVED, That an amount not to exceed $500 be transferred from _. Account A1990, Contingency, to City Hall Building Account A1621- `'j' 205, Furniture and Fixtures. Professional Services. Carried Unanimously � r�1 16.5 Youth Bureau Equipment By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the 1988 Authorized Equipment List for the Youth Bureau be amended to include the purchase of one Hot Dog Steamer for the Stewart Park Concession Stand, at a cost not to exceed $290, and be it further RESOLVED, That an amount not to exceed $290 be transferred within the Youth Bureau Operating Budget from Account A7310 -110, Staff Salaries, to A7310 -225, Other Equipment. -(40000, Carried Unanimously 16.6 Audit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #10/1988, in the total amount of $22,198.17, be approved for payment. Carried Unanimously 16.7 Southwest Area Mapping By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, it is in the best interest of the City to prepare topo- graphic maps for the planning of future projects in the southwest portion of the City, and WHEREAS, it is economically advisable to prepare these maps as a single project; now, therefore, be it Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 16.8 West End Sidewalks By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, a project has been proposed in connection with a Community Development Grant providing, in part, for the RESOLVED, That the request of the Board of Public Works for an amount not to exceed $19,500 to engage a surveyor to provide this service be approved, and be it further RESOLVED, That an amount not to exceed $19,500 be transferred (400., from Account A1990, Contingency, to the City Engineer Account A1440 -430, Fees for Professional Services. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 16.8 West End Sidewalks By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, a project has been proposed in connection with a Community Development Grant providing, in part, for the l Sig 24 construction of sidewalks on West Buffalo and West Seneca Streets between Fulton Street and the Inlet bridges; now, therefore, be it RESOLVED, That the request of the Board amount not to exceed $12,000, for the sidewalks, be approved, and be it further RESOLVED, That an amount not to exceed from Account A199:} Contingency, to Side Contractual Services. of Public Works for an construction of these $12,000 be transferred walk Account A5410 -435, Carried Unanimously 6.9 Banking Bills By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, in the New York State Assembly and the New York Senate, certain Bills have been introduced to amend the Banking Law, the Education Law, the Local Finance Law, the General City Law, the General Municipal Law, the Second Class Cities Law, the Town Law and the Village Law in relation to authorizing the deposit of certain public funds of political = subdivisions in federally insured depository institutions, saving banks, savings and loan associations, federal savings and loan associations and credit unions, and WHEREAS, enactment of this legislation would be a significant step in helping localities improve earnings from interest income by allowing thrift institutions to compete for these deposits, and WHEREAS, New York State is one of but three states in which municipal accounts may not be deposited in thrift institutions, but may be deposited in uninsured and unregulated entities, and WHEREAS, it is the consensus of this Common Council that the passage of such a statute by the New York State Legislature would ne in the best interests of the citizens of the City of Ithaca; now, therefore, be it RESOLVED, by this Common Council of the City of Ithaca, as follows: Section 1. That the Common Council of the City of Ithaca, New York, does hereby give its support and approval for Assembly Bill No. 3229 and Senate Bill No.2369, or similar legislation which would require that public funds not required for immediate expenditure be deposited in interest bearing accounts and adds savings banks, federal mutual savings banks, savings and loan associations, federal savings and loan associations and credit unions to the list of authorized institutions in which funds may be deposited. Section 2. That the City Clerk be hereby directed to file a copy of this resolution with both the New York State Assembly and the New York State Senate forthwith and to urge elected officials that this legislation be enacted at the earliest opportunity. Section 3. That this resolution shall take effect immediately. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the matter of Banking Bills be tabled. Carried Unanimously 16.10 GIAC Personnel By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the 1988 approved Personnel Roster for G.I.A.C. be amended as follows: 1. Addition of one (1) Educational Instructor position, once it 11) R" =2 19a 25 has been established by the Civil Service Commission. 2. Deletion of one (1) part -time Recreation Assistant position, one the Educational Instructor position has been established by the Civil Service Commission. 3. Provisional appointment of Marisol Fontanez to the position of Educational Instructor, once it has been established by the Civil Service Commission, at a salary of $12,282, that being Step 1 on the 1988 C.S.E.A. - Administrative Unit Compensation Plan. 4. Provisional appointment to be made effective June 20, 1988, once the position of Educational Instructor has been established by the Civil Service Commission. Carried Unanimously RESOLVED, That said booklet is adopted effective with the passage of this resolution and be it further RESOLVED, That William S. Baker, Personnel Administrator be authorized to coordinate the printing and distribution of the Employee Health Plan Booklet to all employees and retirees covered by the Health Plan. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Employee Health Plan Booklet resolution be tabled. Carried Unanimously 16.12 Police Department Personnel Alderperson Schlather referred to a memo from Acting Police Chief Pagliaro relative to staffing for the Police Department. The request is to basically increase the compliment of five uniformed officers by hiring two civilians, and three uniformed officers. The Budget and Administration Committee was generally receptive to this proposal. However, the committee felt that because it in part carries out t6he intent of the recommendations previously discussed by the Human Services Committee we tabled it for a month with the hope that the Human Services Committee will review the request and make recommendations either at the same time as B &A or prior to B &A's review of this. He states it is presently in committee but the committee would like to refer the issue to the Human Services Committee as well. He stated the Community Police Board is strongly endorsing this as well. HUMAN SERVICES COMMITTEE: 17.1 Affirmative Action Plan (4mw, Alderperson Peterson reported that the Affirmative Action Plan was presented to the committee. The committee reviewed it and made a number of suggestions and it was returned to the Affirmative Action Committee for their review. The Committee expects to hear back from them this month or next. 17.2 Youth Development Program Youth Bureau Director, Sam Cohen and a number of program heads from the Youth Bureau came to the committee and each one gave a very nice overview presentation to the committee of each of the programs affecting youth. The committee will be going on personal tours of the programs. 16.11 Employee Health Plan Booklet By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca Labor /Management Health Insurance Committee has reviewed and amended= the Employee Health Plan Booklet, and WHEREAS, the Labor /Management Health Insurance Committee has ,,,l, approved the revised booklet; now, therefore, be it RESOLVED, That said booklet is adopted effective with the passage of this resolution and be it further RESOLVED, That William S. Baker, Personnel Administrator be authorized to coordinate the printing and distribution of the Employee Health Plan Booklet to all employees and retirees covered by the Health Plan. Tabling Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the Employee Health Plan Booklet resolution be tabled. Carried Unanimously 16.12 Police Department Personnel Alderperson Schlather referred to a memo from Acting Police Chief Pagliaro relative to staffing for the Police Department. The request is to basically increase the compliment of five uniformed officers by hiring two civilians, and three uniformed officers. The Budget and Administration Committee was generally receptive to this proposal. However, the committee felt that because it in part carries out t6he intent of the recommendations previously discussed by the Human Services Committee we tabled it for a month with the hope that the Human Services Committee will review the request and make recommendations either at the same time as B &A or prior to B &A's review of this. He states it is presently in committee but the committee would like to refer the issue to the Human Services Committee as well. He stated the Community Police Board is strongly endorsing this as well. HUMAN SERVICES COMMITTEE: 17.1 Affirmative Action Plan (4mw, Alderperson Peterson reported that the Affirmative Action Plan was presented to the committee. The committee reviewed it and made a number of suggestions and it was returned to the Affirmative Action Committee for their review. The Committee expects to hear back from them this month or next. 17.2 Youth Development Program Youth Bureau Director, Sam Cohen and a number of program heads from the Youth Bureau came to the committee and each one gave a very nice overview presentation to the committee of each of the programs affecting youth. The committee will be going on personal tours of the programs. 15� 26 17 .3 GIAC /Drop -in Center Daycare Agreement Alderperson Peterson stated that the committee is hopeful that they will have something for our June meeting on this. The committee strongly emphasized how important it to get this done in time for our budget cycle this year because we want to get GIAC renovations ready for 189. 17.4 Homelessness Alderperson Peterson reported she has received all the packets of information which include preliminary needs assessment. It has started to be put together. She will get the information to the Council members. CHARTER AND ORDINANCE COMMITTEE: 18.1 Smoking Ordinance - Report Alderperson Booth reported that the committee is continuing to work on the smoking ordinance and if Council members get comments from the public the committee would like to receive them. He stated the county has adopted material but they are not going to go toward a complete ordinance at this time. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: 20.1 City /Town Fire Committee - Final Report Alderperson Killeen stated as the Chair of the City /Town Fire Station Committee he is pleased to report a successful conclusion to this committee's charge. Most committees go on and on but this one has done its job. With the formal approval by the Town of Ithaca on May 24 in providing adequate funds to build two new fire stations on south and west hill, refurbish Central Fall Creek and College Town fire houses, and replace the fleet of fire engines over the next decade, he thinks the charge of the committee has been achieved. In July 1984 the Fire Services Master Planning Committee first met and continued to meet in order to create a f irst class cost effective inter - municipal fire fighting and emergency medical services system to satisfy the greater Ithaca community needs for the next century. Fifty meetings later and four years later we have an expanded 5 member Board of Fire Commissioners to oversee the City and Town's interests. Through this board and the City Council, with it's respective oversight committee's of Human Services, Budget and Administration as well as the Board of Public works, it will ensure that the proper implementation and administration of this new fire service blueprint. More needs to be done particularly in the recruitment and retention of volunteers, both men and women. Also the large user institution particularly Cornell and Ithaca College must expand the type and quantity of their respective annual contributions if this public service is to be effective and responsible. He thanked the members of the committee for their commitment to these long tedious discussions. Particularly to the ex- officio members of Veteran Volunteer Firefighters Lisle Nye and Dan Rhodes, who were most helpful in providing the community with this very positive gain. And particularly helpful also has been the staff and support provided by City Engineer Bill Gray, Deputy Controller Dom Cafferillo, and most particularly the constant help always cheerfully provided by the City Clerks office, particularly Hilda and Connie. Mayor Gutenberger thanked Alderperson Killeen for all the work he has done on this committee. He stated Alderperson Killeen has done an excellent job for this community and everyone owes him a real debt of service for what he has done. 20.2 Six Mile Creek Alderperson Peterson reported that the new Gorge Ranger, Gregory Copeland, is now on the job. She also mentioned that the 19- 27 Committee is concerned about the proposed bikeway by the Town of Ithaca, and that might be coming to the Council. UNFINISHED AND MISCELLANEOUS BUSINESS: Appeal of National Parks Service Ruling on Use of Inlet Island Parkland By Alderperson Hoffman: Seconded by Alderperson Killeen WHEREAS, the Common Council determined, on March 8, 1988, that in its opinion, the Ithaca Farmers' Market constituted a public recreational use of the city -owned site on Inlet Island, and WHEREAS, the National Parks Service ruled on March 24, 1988 that use of said site by the Ithaca Farmers' Market was an unauthorized conversion of parkland from recreational use, and WHEREAS, the Common Council desires further legal clarification of these contradictory positions; now, therefore, be it RESOLVED, That the City Attorney is hereby directed to investigate the feasibility of an administrative appeal of the _ National Parks Service ruling and to = inform the Common Council, as soon as possible, as to the timeliness and potential expense and effort required to file such an appeal. �( Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes - (3 ) Nichols, Booth, Hoffman Nays - (7) Schlather, Romanowski, Lytel, Cummings, Peterson, GGaper, Johnson -� Motion Defeated 21.3 Youth Services Alderperson Booth stated that we are continuing discussions that began through the County Youth Bureau's effort to bring various municipalities to talk about youth services. Dominick Cafferillo has produced yeoman efforts to produce figures as to how each municipality uses different programs and has provided a very detailed spread sheet that shows what those participation levels are and what they would cost at the levels the youth bureau programs were utilized in 1987. Those discussions are going forward and if Council members have any questions, he would be willing to talk about them. ADJOURNMENT On a motion the meeting adjourned at 11:57 p.m. Connie J. Holcomb Acting Deputy City Clerk , Sohn C. Gutenbergev Mayor