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HomeMy WebLinkAboutMN-CC-1988-07-06,1- LO T M Q Y 161 Regular Meeting PRESENT: Mayor Gutenberger Alderpersons (9) COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 p.m. July 6, 1988 - Booth, Johnson, Nichols, Hoffman, Killeen, Peterson, Romanowski, Schlather, Cummings (arri,Elat7:35pm.) ABSENT: Alderperson Lytel (excused) OTHERS PRESENT: City Attorney - Nash City Controller - Spano Deputy City Controller - Cafferillo Acting Deputy City Clerk - Holcomb Director, Planning and Development - Van Cort Deputy Director, Planning and Development - Mazzarella Youth Bureau Director - Cohen = Personnel Administrator - Baker Fire Chief - Olmstead Superintendent of Public Works - Dougherty Community Development Administrator - Goldwyn City Planner - Jones Board of Public Works Commissioner - Daley PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge to the American flag. MINUTES: Postponement of Approval of Minutes c (400" Council Meeting By Alderperson Schlather: Seconded by RESOLVED, That approval of the Minutes Council meeting be postponed until the if the June 8, 1988 Common Alderperson Killeen of the June 8, 1988 Common August 3, 1988 meeting. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Development Committee Alderperson Killeen requested that items 17.1 (Sale of Fire Station #5, declaration of Harvey Ferdschneider and Anne Trovinger as Preferred Buyers- Resolution) and Item 17.5 (Alienation of Southwest Park and Inlet Island - Resolution reiterating the importance of successful completion- Resolution) be withdrawn from the agenda. No Council member objected. Budget and Administration Committee Alderperson Schlather requested the addition of Item 14.20, (Bus Agreement). He also requested a substitute resolution for Item 14.18 (Hydropower Services- Resolution) No Council member objected. (4we" PETITIONS AND HEARING OF PERSONS BEFORE COUNCIL: Citizens to Save Our Parks Doria Higgins, 2 Hillcrest Drive, representing "Citizens to Save Our Parks ", read the following statement to Council: "This morning's meeting of the Planning and Development and Charter and Ordinance Committees at which the alienation of Inlet Island and Southwest Darks -Pre r1i­­u­sed 1padA evident that- many of you are not familiar with the tacus. One simple reason for this is that the alienation process of those two parks have 162- I become a complicated and snarled mess. In our opinion, the initial mistake was throwing the Festival Lands, Inlet Island Park and Southwest Park into the same alienation process together. We do not think impetuous last minute attempts to unravel the snarl is wise. While the resolutions that would have been before you tonight, until it was just tabled, to remove the Festival Lands from the alienation process is a move in the right direction, it is not enough to clarify the situation and by itself might further, not lessen, abuse. In our opinion, the only way to straighten matters out at this stage is not only to remove the Festival Lands from the alienation of the two parks but to process the alienation of the two parks separately. We therefore urge you to cancel the present alienation process and to ask state legislature for two separate alienation empowerments. The group of which I am a member does not think Inlet Island should be alienated. We think the city needs it as a park and that it should be kept as a park but we are not against the alienation of Southwest Park if our present understanding of the substitute acreage and the environmental evaluations is correct. However, as it now stands, to protest one we must implicitly, though unwillingly, protest the other. Mrs. Cummings made a wise remark this morning when she said "it is only prudent government to separate the issues." We ask you to take this good advice and to separate the alienation of Inlet Island and Southwest Parks. We hope further that you will discontinue alienation but at least separate the two. The attempt to shortcut by merging the process of alienating these two parks has been time consuming, confusing, and ineffective and has led to dead ends and we are sure will continue to do so. As example, remember the awkwardness that ensued from trying to do just one environmental assessment form for the two parks and all the different substitute lands involved. It was totally inadequate and had to be done all over again and certainly no time was saved. While we support the removal of the Festival Lands from the alienation process, we do not support it so that the Festival Lands can then be given away to our local State parks. Let's not repeat that awful contract signed March 21, 1985 by the Mayor contingent on Common Council approval, fortunately never granted, and Mr. Mazzella of the local State parks giving the Festival Lands then worth $186,000 to State Parks in exchange for the privilege of leasing Buttermilk Falls Baseball Fields for 5 years. If you do decide to make those lands available to the Treman Marina, and you are under no obligation to do so, you should do so only for good, fair value and exchange and I think with some stipulation about the extent of Marina expansion. If the Marina continues to expand so that a person on foot could no longer approach the lake front, from which one now traverses the Festival Lands, I for one would be against it. It is my favorite evening walk and it would be removed. And remember, the Festival Land appraisal value of $186,000 was for early 1985, undoubtedly it is worth more now and the fact that price was accepted in 1985 by the State, does not mean that it would be a fair price today. Finally, we most heartily support the acquisition of the Six Mile Creek lands. Mr. Mayor, I think that is the most lovely way to celebrate and commemorate our Centennial year. And for that act alone I think the community will remember you with nratitude; I know i will. But lancis miies out of the city cannot, in our opinion, legitimately be offered as alienation substitutes for inner city green space. We do not all have cars, and bicycles, or even legs that can walk miles. We think it unfortunate enough 16:1 3 that the city has not bought the much needed new pool for GIAC. Let's not compound that neglect by now removing the only inner city park on the waterfront that is accessible to those without transportation." Alternate Side Parking Issue Carol Reeves, 303 Linn Street, spoke to Council in opposition to the proposed amendment to day time alternate side parking regulations. She stated that she believes it is a negative idea (00'e, with a negative impact. She is concerned about commuter parking during the day time hours. She stated that she is not willing to see city officials force workers and perhaps even businesses out of the city until there is a better solution. Ms. Reeves urged Council members not to take any action on this proposal and to pass the suggestion along to the committee that the Commons Advisory Board, the Downtown Ithaca Business Association and the Board of Public Works have asked Council to LO create for research, evaluation and recommendations for future Iq parking needs in Ithaca. LD City Hall Annex - Purchase Offer Stephen Sunderland, Director of Compu -Draft Services, addressed M the Council on the matter of an offer of purchase for the City Q Hall Annex. He stated that he has prepared an offer for the City Annex and he wished to submit it along with his brochure and business card. Discussion followed on the floor on the deadline date for submitting offers for that property. City Attorney clear that th consideration After further purchase with Nash stated that the proposal that went out made it ere would be a deadline on submitting proposals for at that time. discussion, Mr. Sunderland did submit his offer of terms and conditions. City Hall Annex The following persons spoke to Council in opposition to the Schlough proposal for the purchase of the City Hall Annex: Jason Fane - 133 North Quarry Street Michael Pichel - 320 North Aurora Street Moshe Pelli - 828 Hanshaw Road Mayor Gutenberger, for the record, asked Mr. Sunderlund, since he has made an offer which has been noted by the City Clerk, why an offer was not made by the February deadline. Mr. Sunderlund responded that he was not aware of it at that time, and that he was made aware of it only within the last thirty days. RESPONSE TO THE PUBLIC: City Hall Annex - Proposed Sale (400e, Alderperson Romanowski stated that he has spoken with Mr. William Lower and he stated to Alderperson Romanowski that his offer does still stands for the purchase of the property. Alderperson Booth asked City Attorney Nash if Common Council wanted to start this process over, would that be possible at this stage. Cite Attorney Nash responded that he j,,?1.1 researr_ -h this matter and report back to Council. Discussion followed on the floor on the matter of the sale of the City Hall Annex. 1.64 4 Mayor Gutenberger stated that the points that are being raised are valid and they have to be clarified, and they have to be clarified publicly. Further discussion followed on the floor. Alderperson Schlather stated that he is concerned somebody has authorized publication of notice of terms and conditions for consideration by Common Council at the August meeting and he asks that Council agree at this point that Council will not be acting on the Schlough proposal in August. REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Daley reported on the following items to Council: Alternate Side Parking - The Committee of the Whole of the Board of Public Works voted not to recommend the change for Alternate Side Parking. Cliff Street Curbing - The Committee of the Whole has concluded that the improvements to the curb and sidewalk on Cliff Street are for a safety reason and therefore the cost will be borne by the City. Farmers' Market - The Committee of the Whole discussed the overwhelming success on the Market's re- opening last Saturday. There has been a suggestion to ask staff to have the State put in a left turn arrow to the site. Alcohol in Stewart Park - The problem of alcohol in Stewart Park was discussed at the Committee of the Whole meeting. He referred to a memo from Commissioner Reeves regarding the problem. Discussion followed on the floor regarding traffic at the Ithaca Farmers' Market site. COMMUNICATIONS FROM THE MAYOR: Cornell Heights Historic District Mayor Gutenberger reported that official written notification was received today from New York State that the Cornell Heights Neighborhood has been recommended by the committee and passed onto Commissioner Lehman for designation as a National Historic District. Route 96 Mayor Gutenberger stated that the matter is still in the final signature stage in Washington. He is hopeful that by the end of July Washington will have allowed this document to be printed and made public. MAYOR'S APPOINTMENTS: Youth Bureau Advisory Board Mayor Gutenberger requested approval of Common Council for the appointment of James Cutia, 203 Fall Street, to the Youth Bureau Board with a term to expire December 31, 1988. Mayor Gutenberger requested approval appointment of Heather M. Tallman, Youth Bureau Advisory Board with a 1990. Mayor Gutenberger requested approval apc ^_rtrent of. Caro'_ R. G--ham, 1"7 Bureau Advisory Board with a term to of Common Council for the 317 Richard Place, to the term to expire December 31, of Common Council for the Linn Street, `� ''^^ "outs expire December 31, 1989. Resolution By Alderperson Booth: Seconded by Alderperson Johnson v - U U 165 A RESOLVED, That this Common Council approves the following appointments to the Youth Bureau Board: James Cutia with a term to expire December 31, 1988; Heather M. Tallman with a term to expire December 31, 1990; and Carol R. Graham with a term to expire December 31, 1989. Carried Unanimously (400" CITY ATTORNEY'S REPORT: Youth Bureau Repairs Alderperson Peterson asked City Attorney Nash about the dispute over the new Youth Bureau building construction problems. City Attorney Nash responded that there has been nothing resolved yet about the construction deficiencies at the new Youth Bureau building. Ln CHARTER AND ORDINANCE COMMITTEE: qq *16.5 An Ordinance Amending the Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Watts LO Lot) - Lift From Table Z By Alderperson Booth: Seconded by Alderperson Nichols M RESOLVED, That the matter of an ordinance amending the zoning map Q of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Watts Lot) be lifted from the table. Carried Unanimously ORDINANCE NO. 88 - AN ORDINANCE AMENDING THE ZONING MAP OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. (400, 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. 6 6; 0 Tabling Resolution By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the matter of an ordinance amending the zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Watts Lot) be tabled. Ayes (6) - Hoffman, Booth, Johnson, Cummings, Romanowski, Nichols Nays (3) - Peterson, Schlather, Killeen Carried BUDGET AND ADMINISTRATION COMMITTEE: *14 -J Acting City Clerk By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That this Common Council approves the appointment of Connie J. Holcomb as Acting City Clerk, with an annual salary of $28,970, effective July 11, 1988. Carried Unanimously The Acting City Clerk was duly appointed by Mayor Gutenberger. *14.2 Acting Deputy City Clerk By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Common Council approves the appointment of Jean Hankinson as Acting Deputy City Clerk, with an annual salary of $21,736, effective July 11, 1988. Carried Unanimously The Acting Deputy City Clerk was duly appointed by Mayor Gutenberger. *14.3 Health Insurance Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Agreement between the City of Ithaca and Blue Cross /Blue Shield of Central New york, for claims processing services and administration be approved for the period July 1, 1988 to June 30, 1989, and be it further RESOLVED, That the Mayor and City Clerk be authorized to sign such Agreement on behalf of the City, subject to review by the City Attorney as to form and content. Carried Unanimously *14.4 Health Insurance Interim Rates By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the 1988 -1989 estimated cost of the City's health insurance, as projected by Blue Cross /Blue Shield, has increased by approximately 51 %; now, therefore, be it RESOLVED, That interim rates to be established for retirees and those employees on a leave of absence at 25% above the existing 1987 -1988 rates, and be it further RESOLVED, That there interim rates represent a one year exception to the policy enacted by Common Council on April 1, 1987, and do not set a precedent for the establishment of rates at less than the City's actual cost in subsequent fiscal years. Carried Unanimously *14.5 Purchase of Real Property By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, this Common Council, on June 8, 1988, approved the purchase of 44 acres of property located at 685 -687 Coddington Road, in the Town of Ithaca, Tax Parcel No. 48 -1 -9.2 and Tax Parcel No. 48 -1 -11.2, for a sum of $55,000, from George Maylin and Charlotte Brahm, subject to review and acceptance of all CiL-le papers inci.uei►u thereto ijy the City Attorney; ,►Uw, therefore, be it RESOLVED, That payment of $55,000 for the purchase of this 19 Ln Iq LO m Q I/ -! -81y 7 property, and any incidental costs related to the purchase, be made from Capital Reserve #16 - Water Sources Development. Carried Unanimously *14.6 Audit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #12/1988, in the total amount of $137,238.28, be approved for payment. Carried Unanimously *14.7 Summer Youth Work Program By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the Tompkins County Board of Representatives adopted a resolution appropriating $13,798, for a Summer Youth Work Program, to be made available to municipalities of this County, on a matching fund basis, and WHEREAS, the Executive Committee of the City's Youth Bureau Board has unanimously recommended that the City participate in this Program; now, therefore, be it = RESOLVED, That this Common Council approves an amount not to exceed $13,798, as the City's matching share for this Program, and be it further RESOLVED, That the Mayor be, and is, hereby authorized and directed to execute the Agreement with Tompkins County. Carried Unanimously *14.8 Youth Bureau Personnel Roster By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Personnel Roster of the Youth Bureau be amended as follows: Add - one Youth Worker position - 20 hours Carried Unanimouslyc5l *14.9 Youth Council Conference By Alderperson Romanowski: Seconded by Alderperson Killeen RESOLVED, That the request of the Youth Bureau Director to transfer $600 within the Youth Bureau Budget from Account A7310- 105, Administrative Salaries, to Account A7310 -440, Staff Development, to provide funds for members of the Youth Council to attend the New York State Youth Council Conference be approved. Ayes (8) - Killeen, Booth, Johnson, Hoffman, Peterson, Cummings, Nichols, Romanowski Abstention (1) - Schlather (conflict of interest) Carried -Unani.mously- *14.10 Youth Development Program Coordinator By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Allen Green be provisionally promoted to the position of Youth Development Program Coordinator, at an annual salary of $24,243, that being Step 8 on the 1988 C.S.E.A.- Administrative Unit Compensation Plan, effective July 11, 1988. Carried Unanimously *14.11 Police Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the 1988 Authorized Personnel Roster of the Police Department be amended, as requested by the Acting Police Chief, as follows: Add - three Dispatcher positions - 40 hours Add - two Police Officer positions - 40 hours Alderperson Schlather gave background information on the resolution. 16'7 168 n Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously *14.12 Revocable License for T.J. Tuesdays By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at T.J. Tuesdays, including the sale and consumption of alcohol is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $300,000 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, That this Common Council hereby approves a revocable license agreement between the City of Ithaca and T.J. Tuesdays upon the terms and conditions set forth in the application therefor, including minimum Dram Shop coverage in the amount of $300,000. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Nichols, Johnson, Killeen, Cummings, Peterson, Hoffman, Romanowski Nay (1) - Booth Carried *14.13 Department of Public Works Personnel Roster By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That the 1988 Authorized Personnel Roster of the Department of Public Works be amended, as requested by the Board of Public Works, as follows: Add - one Fiscal Manager position - 40 hours Delete - one Office Manager position - 40 hours and be it further RESOLVED, That the position of Fiscal Manager be added to the Executive Unit Compensation Plan at Grade 1 ($26,937 - $32,833), and be afforded all the rights and privileges of representation by the City Executive Association. Carried Unanimously *14.14 Planning Department Authorized Equipment By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the 1988 Authorized Equipment List of the Planning Department be amended to include the purchase of an Olivetti ETV260 Work Processor, at a cost not to exceed $2,849, as requested by the Director of Planning and Development, and be it further RESOLVED, That an amount not to exceed $2,849 be transferred with— tro planning nepartmPnt R »dget from Acr -unt A8020 -425, Office Expense, to Account A8020 -210, Oftice Equipment. Carried Unanimously *14.15 Wastewater Treatment Plant Personnel Roster D 169 9 By Alderperson Schlather: Seconded by Alderperson Nichols WHEREAS, the Special Joint Subcommittee, at its meeting on June 21, 1988, approved and recommended changes in the staffing for the Ithaca Area Wastewater Treatment Plant, and WHEREAS, the Board of Public Works, at its meeting on June 22, 1988, approved these changes; now, therefore, be it (,*pop, RESOLVED, That the Personnel Roster of the Wastewater Treatment Plant for 1988 be established as follows: 1 - Chief Sewer Treatment Plant Operator 1 - Asst. Chief Sewer Treatment Plant Operator 9 - Sewer Treatment Plant Operators 1 - Laboratory Director 1 - Truck Driver 1 - Account Clerk Typist 2 - Maintainer 1 _ Laborer - Part time 1 Seasonal Laborer (o Mayor Gutenberger stated that there is a tentative date for an opening ceremony for the Wastewater Treatment Plant on September M it 1988. Q A vote on the resolution resulted as follows: Carried Unanimously *14.16 Banking Bills Lift From Table By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the matter of Banking Bills which was tabled at the July 1988 Common Council meeting be lifted from the table. Carried Unanimously Alderperson Schlather gave background information on the resolution. Deputy City Controller Cafferillo answered questions from Council members. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, in the New York State Assembly and the New York State 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, savings 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 be in the best interest of the citizens of the City of Ithaca; nose, therefore, be it RESOLVED, by this Common Council of the City of Ithaca, as follows: 1-70 10 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 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. Carried Unanimously *14.19 Collegetown Special Benefit Assessment District By Alderperson Schlather: Seconded by_ Alderperson Nichols WHEREAS, Common Council's August 1, 1984 approval of the Collegetown Development Project, as well as subsequent amendments to that approval, included a directive to develop a Special Benefit Assessment District to assist in the financing of the Dryden Road Parking Garage, and WHEREAS, the City of Ithaca is empowered by Section 72 -j of the General Municipal Law to recover all or part of the cost of developing a public parking garage by assessing the property owners who receive benefits from the garage, and 19 WHEREAS, the City of Ithaca has followed the procedures set forth j in the City of Ithaca Municipal Code for the establishment of a Special Benefit Assessment District, including notification to affected property owners and the holding of a public hearing; now, therefore, be it RESOLVED, That Common Council does hereby authorize the implementation of the Collegetown Special Benefit Assessment District, effective January 1, 1989, and subject to the following provisions: DISTRICT BOUNDARIES - The boundaries of the Collegetown Special Benefit Assessment District shall be as shown on the map entitled " Collegetown Special Benefit Assessment District, District Boundaries ", dated July 6, 1988. AMOUNT TO BE ASSESSED - The amount to be assessed shall be $417,000 plus interest, amortized over a twenty -year period. During the first year of the assessment period, interest shall be computed at the rate of seven (7) percent per year. For all subsequent years, the interest applied shall be the same rate as that applied to the bonds sold by the City of Ithaca to provide permanent financing for the Dryden Road Parking Garage. With the exception of the first year, the annual assessment of principal and interest payments s.zall be a constant amount for each year that the District is in effect. METHOD OF APPORTIONMENT - Each property owner within the District shall annually pay a percentage of the total assessment which is equal to the percentage of the total gross building floor area of all buildings within the District that are owned by that property owner. The anporti nnrent of the total assessment shall be reco—� itprl annually by the city of Ithaca to account for changes in the total gross floor area of all buildings within the District due to new construction, expansion or demolition of buildings. The record date for the recomputation of the 1 00 F_A:; i L3,'-IEErJ S I REE I OFFICE of ITI-1ACA, P F-W YORK 14850 CI1Y (At -h'. M E M O R A N D U M TO: MAYOR CITY ATTORNEY ALDERPERSONS FROM: C. PAOLANGELI, CLERK DATE: SEPTEMBER 1, 1988 SUBJ: CORRECTION IN MINUTES OF JULY 6, 1988 Common Council Meeting Please see attached memo to me from Paul Mazzarella. Unless I hear an objection from you I will change the minutes to read accordingly. �6 „n F_,iu.I U"j ... :1 i...i, !_ir. _.i ,,., Gilt, ,u t(u n..�L; 1. A,,u,n; Pi,,:i::n:. TELEPHONE. 272 -1713 CODE 607 DEPARIMFNT OF PLANNING & DEVELOPMENT H MATTHYS VAN CORT, DIRECTOR TO: FROM: DATE: RE: I F )H F_/\i I 1 ;[ 4! I"I ! ;T111 1 1 17- 1-IACA, NEW YOFZK -140 -' C, MEMORANDUM Callista F. Paolangeli, City Clerk Paul Mazzarella, Deputy Planning Director August 31, 1988 Minutes of July 6, 1988 Ccmmon Council Meeting The resolution authorizing the implementation of the Collegetown Special Benefit Assessment District was amended on the floor of the July 6, 1988 Common Council meeting. There is one change which I believe was intended by Common ',ouncil and which is not reflected in the minutes of that meeting. The last sentence on page 10 of the minutes of the July 6, 1988 meeting reads "The record date for the recomputation of the apportion- ment shall be October 1 of each year pr ?ceding the year in which the assessment is levied." I believe that Council intended "October 1" in this sentence to be changed to "Septembl ?r 1 ". Would you please see that the m,.nutes are officially changed to reflect this? Thanks for your help in this matter. PM:eh 0- hd- MinChng.PM i, I I ., r, , - A I f niu ,l Arh, , 1'r- q,r ( �I)r W) -(G- 1"71 apportionment shall be 6e- teber'f1 of year in which the assessment is le portions of buildings which possess Occupancy on September 1 shall be gross floor area computations assessment. each year preceding the vied. All buildings or a valid Certificate of included in the total for the next year's CREDIT FOR OFF - STREET PARKING PROVIDED ON SITE - Property owners who provide off - street parking spaces on the same site as that which the building is located shall receive a credit against the assessment to that property. For each off - street parking space provided, the total floor area of the affected building shall be reduced by five hundred (500) square feet. Credits for off - street parking spaces provided shall be recomputed annually, with the record date for the recomputation being September 1 of the year preceding the year in which the assessment is levied. Ln BILLING OF ASSESSMENTS - Assessments to property owners shall be added to the property tax bills that are mailed to Iq property owners. Assessments shall be due within thirty LO (30) days of the billing date. Discussion followed on the floor. m Q A vote on the resolution resulted as follows: Carried Unanimously *14.20 Bus Agreement By Alderperson Schlather: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca has entered into an Agreement with the United States Department of Transportation and the New York State Department of Transportation for the purchase of five (5) (60", 35 foot passenger buses and related equipment, and WHEREAS, the estimated project cost was determined to be $657,000, with the Federal share not to exceed $472,000, the State share not to exceed $118,000, and the City share not to exceed $67,000, and WHEREAS, one bid was received on June 29, 1988, for furnishing the five (5) buses, from Bus Industries of America, Inc. at a cost of $714,995; now, therefore, be it RESOLVED, That the additional $57,995 fr bringing the City's subject to acceptance Inc. by the Board of 1988. City of Ithaca agrees to provide the om Capital Reserve #22 - Buses, thereby share of the project cost to $124,995, of the bid from,Bus Industries of America, Public Works at its meeting on July 13, Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Alderperson Schlather asked that the record reflect the Council's thanks to Bernard Carpenter for all his work in continually finding the city these grant opportunities. Mayor Gutenberger mentioned the brass bus fare box that was presented to Bernard Carpenter by the NYS Public Transit Managers Association for all his work statewide. He stated that it is on display in his office for anyone who wishes to see it. He also mentioned the trophy that is displayed in his office that was won by one of our bus drivers at the SouthernTier Bus Poadeo. Recess Council recessed at 9:15 p.m. and reconvened in regular session at 9:25 p.m. 172 12 PLANNING AND DEVELOPMENT COMMITTEE: *17.3 Ithaca Falls Hydropower Project - Request to F.E.R.C. for Extension of Construction Deadline By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, apparent changes in the fisheries resource in Fall Creek point to the need for supplemental study work to update the environmental data on the impacts of the proposed hydropower project at Ithaca Falls, and WHEREAS, it will be important to assess the implications this additional information may have for design and operation of a potential plant at the Falls, and WHEREAS, sweeping changes in New York State's rules and regulations concerning sale of hydroelectric energy to the public utilities have generated considerable uncertainty with regard to market and price for sale of the power to be produced by the project, which may not be clarified for some time, and WHEREAS, pursuant to State Law, the City of Ithaca may not proceed to construct an hydropower facility until approval of the voters has been obtained via local election, and WHEREAS, the next opportunity for scheduling such a vote at a general election in November 1988, well into the time allotted the City by the Federal Energy Regulatory Commission to begin construction; now, therefore, be it RESOLVED, That Common Council does request a two -year extension in the deadline for beginning construction of the Ithaca Falls hydropower project, and be it further RESOLVED, That this Common Council requests that F.E.R.C. acts on this extension request no later than August 15, 1988. Alderperson Hoffman gave background information on the resolution. City Planner Jones answered questions from Council members. Discussion followed on the floor on the referendum process. A vote on the resolution resulted as follows: Carried Unanimously *17.2 Ithaca Falls Hydropower Project - Supplemental Environmental Review ' By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, an extensive study of the environmental impacts posed by development of the Ithaca Falls site for hydropower has been conducted and the Draft EIS has been adopted by Common Council, and WHEREAS, new information concerning the fisheries resource in the stream has come to light which indicates that conditions may have changed since the completion of the original study work, and WHEREAS, such changes in stream conditions might have implications on the manner in which a hydro plant at the site should be constructed and operated, and WHEREAS, additional study is warranted to clarify suspected changes and to update the environmental report before it is adopted in final form; now, therefore, be it RESOLVED, That Common Council does authorize a supplemental fisheries investigation to update the current environmental study effort, and be it further J -/, - SY 13 RESOLVED, That the results of such investigation shall be incorporated into the FEIS and presented to the NYSDEC, FERC, and other State and Federal agencies as appropriate, to assess whether changes to the design and operating conditions stipulated by the FERC license issued for the project may be necessary. Discussion followed on the floor. City Planner Jones responded to questions from Council members. A vote on the resolution resulted as follows: Ayes (7) - Schlather, Killeen, Booth, Johnson, Peterson, Hoffman, Cummings Nays (2) - Nichols, Romanowski Carried BUDGET AND ADMINISTRATION COMMITTEE: Ln *14.17 Ithaca Falls Environmental Review By Alderperson Schlather: Seconded by Alderperson Cummings Iq RESOLVED, That an amount not to exceed $2,000 be provided from LO Capital Project #201, Ithaca Falls Hydro, for the supplementing of the Environmental Review conducted for Fall Creek, with m particular attention to spawning and fish populations in the Q vicinity of the proposed hydroelectric power site, as recommended by the Hydropower Commission. Ayes (7) - Schlather, Killeen, Both, Johnson, Peterson, Hoffman, Cummings Nays (2) - Romanowski, Nichols Carried *14.18 Hydropower Services By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the City is proceeding toward a November referendum relative to the construction of a hydropower facility at Ithaca Falls for which updated information should be developed, and WHEREAS, the license currently held by the City requires that certain studies and /or reports be completed as prescribed; now, therefore, be it RESOLVED, That Common Council authorizes the following "not to exceed" appropriations for specified services to be rendered by several yet to be determined consulting firms: A. Engineering Assistance $15,000.00 B. Economic and Legal $12,000.00 C. Dam Safety Inspection Report $10,000.00 D. Emergency Action Plan (Dam Break Study) $141600.00 E. Erosion and Sedimenta- tion Plan $ 8,820.00 Total $60,420.00 and be it further RESOLVED, That the funds necessary to finance such "not to exceed" appropriations be provided as follows: A. Capital Project #201 for Ithaca Falls Hydro $ 10,949 B. Restricted Contingency - Six Mile Creek Hydro Study 4,000 C. Unrestricted Contingency 45,471 1'7 �3 174 14 Total $60,420 Alderperson Schlather gave background information on the resolution. Discussion followed on the floor. City Planner Jones answered questions from Council members and she explained the memo of July 6, 1988 to Daniel Hoffman from her with the breakdown of hydropower costs. Alderperson Schlather stated that he would like to distinguish between the mandatory items and those items that do not need action tonight. It is his understanding that the mandatory items are: (C) Dam Safety Inspection Report; (D) Emergency Action Plan (Dam Break Study); and (E) Erosion and Sedimentation Plan, and the balance of the items would be sent back to committee. Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Item A (Engineering Assistance) be deleted from the resolution and referred back to the Budget and Administration Committee for review. Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes (5) - Cummings, Schlather, Romanowski, Booth, Johnson Nays (3) - Peterson, Hoffman, Nichols Abstention (1) - Killeen Carried Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Item B (Economic and Legal) be deleted from the agenda and referred back to the Budget and Administration Committee for review. Carried Unanimously Amending Resolution By Alderperson Nichols: Seconded by Alderperson Killeen RESOLVED, That Item C (Dam Safety Inspection Report) be deleted from the agenda. Discussion followed on the floor on the amendment. Alderpersons Nichols and Killeen withdrew their amendment. Alderperson Schlather stated that if Common Council puts into the resolution provisos; one is that with respect in Items C, D, and E that there be a request for proposals that precedes the awarding of any contracts so that the city can encourage competitiveness and secondly that Council has required that no contracts be awarded until there is some determination by City Engineers that this is beyond their competency. With those two provisions he thinks that Council can go ahead and act on the resolution as now amended, with the deletions of Items A and B. Main Motion as Amended WHEREAS, the City is proceeding toward a November referendum relative to the construction of a hydropower facility at Ithaca Falls for which updated information should be developed, and WHEREAS, the license currently held by the City requires that nPrtain studies and /or reports be completed as prescribpd; ncw, therefore, be it RESOLVED, That Common Council authorizes the following "not to exceed" appropriations for specified services to be rendered by 7 lr - x y t75 15 several yet to be determined consulting firms: Dam Safety Inspection Report t Emergency Action Plan (Dam Break Study) }.E. Erosion and Sedimenta- tion Plan Coe ! r' l I t, .1 1 41 $10,000.00 $14,600.00 $ 8,820.00 Total $33,420.00 and be it further RESOLVED, That the funds necessary to finance such "not to I-0 exceed" appropriations be provided as follows: I' A. Capital Project #201 for- LO Ithaca Falls Hydro $ 8,949 B. Restricted Contingency - M Six Mile Creek Hydro Study 6,000 C. Unrestricted Contingency 18,471 Total $33,420 A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Schlather, Romanowski, Cummings, Johnson, Peterson, Hoffman, Killeen Nays (2) - Nichols, Booth Carried PLANNING AND DEVELOPMENT COMMITTEE: *17.4 Ithaca Falls Hydropower Project - Request for Legislation to Exempt Ithaca Falls From Hvdropower Development By Alderperson Cummings: Seconded By Alderperson Hoffman 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 and the Ithaca Falls site have both been (4wo" designated unique natural areas by the Tompkins County Environmental Management Council, and WHEREAS, one reason for the City of Ithaca's involvement in the development of hydropower on these sites has been 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 sentiment has been expressed in opposition 176 16 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 of the City of Ithaca does hereby request that Congressman McHugh pursue legislation which would ban the development of any hydropower plant near the Ithaca Falls and near Thirty Foot or Sixty Foot dams on Six Mile Creek, and be it further RESOLVED, That, not withstanding the effort described above, Common Council directs staff and the Hydropower Commission to continue to prepare for a public referendum seeking voter approval for City construction of hydropower plants on Six Mile and Fall Creek. Alderperson Hoffman gave background information on the resolution. He stated that the Mayor, Planning and Development Director Van Cort, City Planner Jones, Alderperson Peterson, members of the Hydropower Commission and himself met with Matt McHugh after the last Council meeting. Mr. McHugh indicated to them that he would be willing to work for legislation that would exempt our local creeks from hydropower development if he received a clear message from the legislative body that is what the city wanted him to do. Alderperson Hoffman stated that Mr. McHugh explained the process that would have to be repeated annually in order to preserve the exemption in order for this to be done using the appropriations bill which he is most familiar with. Mr. Mchugh expressed some concern that a resolution by Council might be able to be used by other interested parties as a sign that the city was not seriously interested in building a hydropower plant and that someone could make a case that FERC should withdraw the license. He further stated that at the Planning and Development Committee meeting, a further resolved was added to the resolution making it clear that the city is pursuing two different tracks, and that we would continue to prepare for the referendum, notwithstanding this appeal to Matt McHugh. Alderperson Hoffman stated that since this discussion with Mr. McHugh, his office has called City Planner Jones, saying that it is too late to affect this year's appropriations bill. Discussion followed on the floor. Tabling Motion By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That the resolution for Ithaca Falls Hydropower project - Request for Legislation to Exempt Ithaca Falls from Hydropower development be tabled. Ayes (8) - Schlather, Romanowski, Killeen, Cummings, Peterson, Hoffman, Nichols, Johnson Nay (1) - Booth Carried Large Scale Proiect Moratorium - Report Alderperson Cummings reported that the preliminary proposal for the moratorium was discussed at the Planning and Development rommitteP and the Planning and Development Board meetin -- The committee did not take action. She stated that it wi11 be the first item on the agenda for the P &D Committee meeting on July 27th. The Planning Board has indicated that they will be discussing the issue on July 12th. 7 1 1'7'7 17 Discussion followed on the floor on the matter of the large scale project moratorium. Planning and Development Director Van Cort responded to questions from Council members. *17.6 Alienation of Southwest Park and Inlet Island - Request for Legislation Authorizing Change in Substitute Land This Item was withdrawn from the agenda. Mayor Gutenberger ruled that Alderperson Nichols amendment to this resolution should be included in further discussion of this matter. *17.7 Alternate Side of Street Parking Regulations - Amendment to Effective Hours By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, many streets in the City of Ithaca are heavily congested with commuter parking during the day, which makes its difficult LO to neighborhood residents to find places to park, and WHEREAS, nighttime parking by neighborhood residents often is in Ln short supply due to the impact the existing alternate side of the street parking regulations, which prohibits parking on one side M of many streets, and Q WHEREAS, moving the hours when parking is prohibited on specified city streets has been identified as a way of partially addressing the City's on- street parking problems; now, therefore, be it RESOLVED, That Section 60.42(B), paragraph 1, of the City of Ithaca Municipal Code is hereby amended to read as follows: "B. Alternate Parking. (two, The parking of all vehicles is hereby prohibited between the hours of 10:00 a.m. and 2:00 p.m. on the odd numbered side of all city streets on the odd numbered days of the calendared month, and on the even numbered side of all city streets on the even numbered days of the calendar month. This section shall not apply to those designated streets in the following Schedule A or Schedule B." and be it further RESOLVED, That this amendment shall take effect on August 15, 1988 and shall be reviewed through a formal hearing and evaluation to determine its effectiveness prior to December 31, 1988. Discussion followed on the floor. Tabling Resolution By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That the matter of Alternate Side of Street Parking Regulations - amendment to effective hours be referred to the Planning and Development Committee to hold a public hearing with input from the Board of Public Works. Carried Unanimously Ithaca Gun Woodland Preserve - Report Alderperson Cummings stated the committee had a preliminary meeting to review the maps of the woodland site and are working with the developer toward accepting that portion of land. HUMAN SERVICES COMMITTEE: Volunteer Fire Fighters - report Alderperson Peterson reported that a number of volunteer firefighters spoke to the committee over the past few months, and 178 have presented proposals to the committee. She stated that the first proposal was for a volunteer coordinator, the second idea was adequate turnout gear for the volunteers in stock so that when volunteers are recruited the gear is there and ready for them and the third was for a full time training officer. *15.1b Volunteer Firefighters By Alderperson Peterson: Seconded by Alderperson Nichols WHEREAS, the City and Town of Ithaca have entered into an agreement for fire service protection, and WHEREAS, nearly 3,000 calls were responded to in 1987, and WHEREAS, paid and volunteer firefighters respond to these calls, including 28 volunteers who responded to more than 50 calls apiece in 1987, and WHEREAS, the volunteers are a vital component of our fire- fighting capability; now, therefore, be it RESOLVED, That the City of Ithaca commends and thanks all of our volunteer firefighters, and be it further RESOLVED, that the City reaffirms and supports the dual system of paid and volunteer firefighters in our community. Carried Unanimously Homelessness Study - Report Alderperson Peterson reported that the Human Services Coalition presented data to the committee on homelessness in the City of Ithaca. There is more information forthcoming and she will report to Council on homelessness when she has the information. G I A C /Drop -In Center Daycare Agreement - Final Report Alderperson Peterson reported that GIAC and the Drop -In Daycare Center has come to an agreement after many meetings. Community Police Board - Report Alderperson Peterson stated that one of the recommendations of the Police Report of October 187 included the review by the Human Services Committee of the role of the Community Police Board. She stated that the Board feels the Charter is unclear, they want guidance, more responsibility, etc. CHARTER AND ORDINANCE COMMITTEE: Charter Change Regarding Failure of Adjoining Landowner to Repair Sidewalks - Report Alderperson Booth reported that the- committee discussed this matter. City Attorney Nash is doing legal review and he will report to the Council in August. Posting of Notices, Signs, and Advertisements - Report Alderperson Booth reported that the committee has discussed the problem of persons posting notices, signs and advertisements on poles, trees and etc. There will be more information on this matter forthcoming. Alcohol Use in Stewart Park and Cass Park - Report Alderperson Booth reported that there will be a public meeting on this matter on July 21st. There will be a proposed resolution presented at that time. *16.4 Paul Poggi Ice Cream Vending Cart Application for Vending Operation on Commons By Alderperson Booth: Seconded by Alderperson Nichols RESnT,VFD. Not-withstanding the provisions of the Moh;io vending Cart Regulations for the Ithaca Commons regarding the dates during which vending cart applications may be accepted by the Commons Advisory Board, the Board is hereby authorized to accept and act on Paul Poggi's application to operate an ice cream Iq LO M Q 19 vending machine on the Ithaca Commons. Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Hydropower Commission Alderperson Hoffman invited all Council members to the Hydropower Commission meeting on July 14, 1988 at 7:30 p.m. in Council Chambers. Cornell University has been invited to come and disclose their plans and thoughts about hydropower also. Planning and Development Board Alderperson Killeen stated that the P &D Board will be meeting with Cornell University on July 18th at 7:30 p.m. to specifically talk about the campus blueprint for planning. NEW BUSINESS: *21.1 Establishment of the Ithaca Rental Housing Commission By Alderperson Killeen: Seconded by Alderperson Johnson WHEREAS, two - thirds of Ithaca's housing is rental housing, and WHEREAS, issues relating to the condition, affordability and availability of rental housing have been a major concern in the City of Ithaca, and WHEREAS, these issues have been extensively City's 1987 study, and WHEREAS, currently there is no forum that exclusively discuss rental housing issues and action recommendations; now, therefore, be it examined in the is available to generate pertinent RESOLVED, That this Common Council, acting upon the recommendation of the Board of Planning and Development, does hereby establish the City of Ithaca Rental Housing Commission, and be it further RESOLVED, That the City of Ithaca Rental Housing Commission with staff support provided by the Building Commissioner shall be charged with performing the following tasks: 1) To provide a regular forum for the discussion of rental housing issues by all parties with an interest in those issues, 2) To investigate current local conditions and trends with regard to the cost, availability and condition of rental housing, 3) To investigate issues relating to landlord /tenant relations, fair housing practices and rental housing occupancy requirements, 4) To investigate possible actions that might be undertaken by either private organizations and /or public agencies, to improve rental housing conditions in the City of Ithaca, 5) To make recommendations to the Common Council through the Planning and Development Committee concerning the implementation of actions that are designed to address rental housing concerns, 6) To review and make recommendations about any other rental housing concerns that the Commission determines is important, and be it further RESOLVED, That said Commission, meeting at least monthly, shall consist of representatives from each of the following interest groups and shall have at least eleven voting members; of whom a 179 1.8 0 20 majority shall be renters: 1) Tenants, or representatives of, tenants' organizations (if any) (1) 2) Tenants or tenant advocates of subsidized housing (IHA, EOC, INHS, DSS, Mental Health, Red Cross, Homeless) (3) 3) Office of the Aging (1) 4) Off - Campus student housing representatives from Cornell and Ithaca College (2) 5) Rental housing property owner or property manager (1) 6) Board of Realtors representative or mortgage officer from the banking community (1) 7) Planning and Development Board (1) 8) Planning and Development Committee (1) and be it further RESOLVED, That the members including the Chair and Vice -Chair of the Rental Housing Commission shall be appointed with staggered three -year terms by the Mayor with the approval of Common Council, and be it further _ RESOLVED, That the City of Ithaca Rental Housing Commission shall report on its activities and progress to the Common Council and Board of Planning and Development at least on a quarterly basis. Alderperson Killeen gave background information on the resolution. Resolution to Refer to Committee By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the resolution for establishment of the Ithaca Rental Housing Commission be referred to the Planning and Development Committee for review. Discussion followed on the floor on the referral motion. A vote on the referral motion resulted as follows: Ayes (7) - Cummings, Peterson, Nichols, Schlather, Johnson, Hoffman, Romanowski Nays (2) - Booth, Killeen Carried ADJOURNMENT: On a motion the meetinq adjourned at 11:17 p.m. Connie J. Holcomb Acting City Clerk