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HomeMy WebLinkAboutMN-CC-1988-08-03185 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. August 3, 1988 PRESENT: Alderpersons (8) - Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Schlather ABSENT: Mayor Gutenberger (excused) Alderpersons Booth and Romanowski (excused) Acting Mayor Killeen chaired the meeting in the absence of Mayor Gutenberger. ff) OTHERS PRESENT: d- City Attorney - Nash LO City Controller - Spano Deputy City Controller - Cafferillo Acting City Clerk - Holcomb [o Director, Planning & Development - Van Cort Q Youth Bureau Director - Cohen Personnel Administrator - Baker Building Commissioner - Hoard Fire Chief - Olmstead Supt. of Public Works - Dougherty Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Acting Mayor Killeen led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the June 8, 1988 Common Council Meeting Alderperson Nichols requested that the following be added to the end of the last paragraph referring to the Cable Franchise on page 18: "Alderman Nichols asked Alderman Lytel to put on the record the city's position on the agreement to join with ACC in asking the State Cable Commission to waive its rules and to approve a fifteen year term for the franchise agreement. In particular, what would be the effect if the State Cable Commission offered to approve a ten year term with a five year option. Alderman Lytel stated that he had been told by the Chairperson of the State Cable Commission that they had not approved a fifteen year term since 1973, further if the State does not approve a fifteen year term, that would conclude the matter and all of the terms of the franchise would remain unchanged." No Council member objected. Alderperson Hoffman requested that the last sentence at the bottom of page 20 should read of follows: "In light of the fact that economics have changed and become less favorable for hydropower development and (in) the fact that so many citizens feel that Ithaca Falls, in particular, is an important landmark, and should not be diminished in any way by hydropower development, it is necessary for the Council to demonstrate that it has exhausted every possible option for preventing a hydropower plant, before going to referendum. No Council member objected. Alderperson Peterson asked for clarification of Item 15.5 on page 21, Northside Area /Long Range Planning. Alderperson Cummings responded that the issue is regarding the 11602 2 August 3, 1988 master planning for the old sewage treatment site and adjacent city -owned property in the northside. No Council member objected. Alderperson Schlather asked that on page 18, in the paragraph that begins "Alderperson Schlather stated...", that his thanks be added to Planning & Development Director Van Cort. Alderperson Johnson objected. The Chair ruled that due to the objection, a vote is needed to have the addition made to the Minutes. A vote on the addition resulted as follows: Ayes (7) - Cummings, Killeen, Nichols, Schlather, Peterson, Hoffman, Lytel Nay (1) - Johnson Carried Resolution to Approve Minutes of the June 8, 1988 Common Council Meeting as Corrected By Alderperson Nichols: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the June 8, 1988 Common Council meeting be approved as corrected. Carried Unanimously Approval of Minutes of the July 6, 1988 Common Council Meeting Alderperson Hoffman requested that on page 15, at top of page, under Hydropower, the lettering of the items listed be changed to A., B., and C. No Council member objected. Resolution to Approve Minutes of the July 6, 1988 Common Council Meeting as Corrected By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the July 6, 1988 Common Council Meeting be approved as corrected. Carried Unanimously Approval of Minutes of the Julv 15,1988 Special Common Council Meeting By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the Special Common Council meeting of July 15, 1988 be approved as published. Carried Unanimously ADDITIONS TO THE AGENDA: City Clerk's Report Alderperson Hoffman requested regarding a polling place in the No Council member objected. the addition of a resolution 5th Ward, 3rd District. Report of Special Committees and Council Liaisons Alderperson Peterson requested the addition of a report regarding municipal youth services planning. No Council member objected. New Business Alderperson Cummings requested the addition of a resolution of cooperation between the City and County in examining and solving Central Business District Parking problems. 611 No Council member objected. August 3, 1988 DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the deletion of Item 17.10, Labor Negotiator Agreement. The matter will go back to committee for further discussion. No Council member objected. COMMUNICATIONS• Route 96 Update Acting Mayor Killeen reported that Mayor Gutenberger has spoken with the Department of Transportation and was told that the (O documents concerning the Route 96 Draft Environmental Statement d- should be delivered to Washington next week for Federal approval and signatures. Hopefully, the Environmental Draft Statement Ln will be back to Syracuse and available to us by mid - September. CO Community Development Grant Q Acting Mayor Killeen reported that we have officially heard that the City of Ithaca Block Grant application has not been well received by Washington. There will be no funding under that Grant to the city this year. West Hill Fire Station Sewer Connection Alderperson Killeen reported that Cornell University has agreed to pay $25,000 toward the cost of the sewer connection for the West Hill Fire Station site. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Complaints Against Police Department Mary Lamb Jaynes, 105 -107 North Aurora Street, spoke to Council regarding complaints against the Ithaca Police Department. Skateboarding The following persons spoke to Council on the matter of skateboarding facilities being needed for the citizens of the City of Ithaca: Tony Lim - 152 North Sunset Drive Arezemah Raqib - 209 South Plain Street Laura Chacona - 325 Hillview Place Paul Sayvetz - 201 Elm Street Tem Schindo, 1649 East Shore Drive, read the following statement to Council: "The skateboarders of Ithaca have a problem; no one wants us. We ride during the day. We are repeatedly kicked out of where we go. The Police have kicked us off the Commons for merely carrying a skateboard. Supposedly the same rules apply for biking but enforcement with bikes on the Commons is minimum. In Ithaca it is getting harder and harder for a skater to practice his art. Skateboarding is not a hoodlum activity nor an excuse to destroy property. It is challenging physical activity that requires a great amount of skill much like soccer or running. The problem remains that we have no where to turn. A very sound solution to this problem would be a city sponsored skate park. The skate park would not necessarily be as expensive to build as you might think. A prime example for a skate park spot would be the unoccupied supermarket building near K -Mart. It was turned into a roller rink for a short time and to the best of my knowledge it is now unoccupied. It would take about $3,000 to build a wooden mini -ramp; admission could be charged for costs and insurance and money could also be made from concessions. There are enough skaters in Ithaca to make this work. If the 1. 88 4 August 3, 1988 park were open people would come from all over to ride. Parents could drop their kids at the indoor year -round park, shop on the Commons and surrounding businesses, therefore bringing more money to Ithaca. Ignoring us will not solve the problem. If we keep getting kicked out, we will just find more places to get kicked out of. Every sport has those few black sheep that break rules and ruin it for the majority. Please think about what I have said. I don't know what I have to do to get the ball rolling, but if there is anyway that I can help, please let me know. I do not want to be a criminal - please don't make me one. Thank you." Alice Wood, 215 North Cayuga Street, read the following statement to Council: "Please refer the request for a skateboard park to the Human Services Committee. We do not think that our Ithaca youth should find if necessary to break the law and duck the police in order to find a convenient skateboard facility in downtown Ithaca. We support them in their right to physical recreation that they enjoy, and urge the city to provide adequate facilities as soon as possible. As citizens who also want and need to use the Commons for recreation, we are in jeopardy when this facility is used by cyclists, skateboarders, and ball players, etc." Ms. Wood also read the following letter from Kathleen Green, 215 North Cayuga Street: "I hope that the Common Council will be able to provide a place in Ithaca where the skateboarders can play safely, not only for themselves but also for others who use the sidewalks. I suggest that Washington Park would be a good location for such a playground. Thank you." Acting Mayor Killeen stated that what he is hearing tonight is two issues; what are the rules, and what about a facility? He stated that he thinks that because it involves the police as well as the Youth Bureau, that maybe the Human Services Committee would be willing to work on this issue. Alderperson Peterson responded that the Human Services Committee did look into this matter a couple of years ago. The Committee sent part of it to the Youth Bureau Board for their input. The group that spoke on skateboarding at that time was to work something up to take the Budget and Administration Committee for their review. She does not recall that ever being done. She stated that the committee would be happy to meet with this group of skateboarders again. Alderperson Schlather stated that there is apparently some confusion on the part of the Police Department on the carrying of skateboards on the Commons. He stated that the law, Section 70.6 of the Municipal Code only prohibits the locations of bicycles, tricycles and unicycles on the Commons. He stated that you cannot ride a skateboard on the Commons, but you may carry one under our code. Doria Higgins, 2 Hillview Drive, spoke to Council on the matter of skateboarding. She stated that she supports finding a 189 5 August 3, 1988 facility for the young people to enjoy this sport. She also stated that she thinks it would be a terrible commentary on the way things are done if the city builds a second hockey rink in Ithaca which is being planned, without building even one skateboard rink. Citizens to Save Our Parks (Wor", Doria Higgins, 2 Hillview Drive, representing "Citizens to Save Our Parks ", read the following statement to Council: "First we would like to say that it is outrageously bad planning with the explosion of development that is taking place not only We ask you to rescind your decision to alienate Inlet Island Park and that instead the city properly maintain and preserve it as a park. Using good planning principles as the basis for judgment, there is absolutely no way that you can justify the alienation of this park land to put it to industrial or commercial use as was suggested in the original Home Rule request sent to the Albany legislature. in the City of Ithaca and the Town of Ithaca, but all around us, all of the Bud Dillon, the Cayuga Inlet Development Corporation land, which is available for development, there is already a good for the city to be planning to sell inner city park land for commercial or industrial or residential development. It is bad (� city planning and it is destructive to the welfare of this Old Port Harbor, Kelly's Dockside Cafe and the Valley House. There is a drugstore, a liquor store, a bank branch, a LO community. store, a laundromat, a boating center and many other established F I spoke recently to Mr. Leo Coppleman, Director of the Long m Island Regional Planning Board, who is much respected in Planning spot -- 7.5 acres on the waterfront with 275 crabapple trees Q circles. He was flabbergasted to hear about this city's plan for cleaning up the park and properly maintaining it you will be more alienating Inlet Island Park. He told me that voters on Long Island have voted themselves a quarter cent sales tax just for the purpose of purchasing park land and are also floating bonds for the purpose of acquiring park land. He said, "I can't believe that your administration is doing something so destructive to that beautiful city. Park land in this day and age should be inviolate." Tonight's agenda item 16.4, a resolution concerning the environmental review of Inlet Island Park and Southwest Park reads in part, "substantial confusion exists as to the reason and rationale for alienating the two parcels." We think there is not only confusion but also misinformation, and we think the evidence is becoming increasingly clear that the city administration has not only behaved unwisely in deciding to alienate Inlet Island Park but has also behaved improperly in the procedures that have so far been employed. We ask you to rescind your decision to alienate Inlet Island Park and that instead the city properly maintain and preserve it as a park. Using good planning principles as the basis for judgment, there is absolutely no way that you can justify the alienation of this park land to put it to industrial or commercial use as was suggested in the original Home Rule request sent to the Albany legislature. We call your attention to the fact that on Inlet Island there is all of the Bud Dillon, the Cayuga Inlet Development Corporation land, which is available for development, there is already a good (Woo" commercial nucleus in that area. Tompkins County Arts Council has recently moved a half block away and plans to start an art gallery. There are a number of good restaurants; The Station, Old Port Harbor, Kelly's Dockside Cafe and the Valley House. There is a drugstore, a liquor store, a bank branch, a neighborhood store, a large grocery store, a bicycle renting store, a laundromat, a boating center and many other established commercial usages. What more do you want down there? What the city should do is clean up the park as a park -- it is a charming spot -- 7.5 acres on the waterfront with 275 crabapple trees planted and carefully tended by the Womens Garden Club. By cleaning up the park and properly maintaining it you will be more likely to attract the kind of developer that most of us would 1.9 0 LO August 3, 1988 want down there -- certainly not the Donald Trump kind with grandiose plans for highrise condominiums. We hope you will decide not to alienate the park, but if you do continue with this ill - advised scheme, the community should insist that you get a second appraisal of the financial value of the park. To put Inlet Island Park up for bids with the appraised value of $71,000 as baseline would represent a gross breach of the public trust. We have talked to David Peatfield who appraised the park for you. He has told us that you asked him to appraise the land as park land which is what he did; and as of July 21, 1985 gave you the figure of $71,000. However, he told us that if he were to appraise the park land as commercial or industrial land that it would be worth "hundreds of thousands of dollars more." It occurs to us tonight that even the $71,000 figure as recreational land is now out of date and probably should be appropriately increased. We would like to say a word or two about the proposal to sell the Festival Lands to the Treman Marina. In looking at the April 6, 1983 Common Council Minutes at which this proposal was first made, we note the statement "These lands (the Festival Lands) have recently been designated for use as playing fields for women's athletic teams since the relocation of the theatre." This statement in a Common Council resolution is more evidence in support of our contention that the Festival Lands are park lands now by implied dedication. As you may remember the 1967 tripartite agreement between the City, the State of New York and the Center for the Arts at Ithaca read, "The City shall retain and develop for park and recreational purposes that portion of Cass Park not conveyed to the State or leased to the Center." Since the land was not leased to the Center in 1983 (or earlier for that matter) it was quite proper for the city to have designated it to park use, as it did according to this April 6, 1983 Common Council resolution and in fact that was the only proper use to which the city could have that put that land. We think this is decisive evidence that the Festival Lands are park lands now. In closing, we call to the attention of those of you not aware of the fact that the Festival Land is the only public foot access to the lake on the west side of the channel. It would be a dreadful loss to the community to lose foot access to the lake at Cass Park. Please don't let that happen. Thank you." City Hall Annex William Shaw, Attorney, read the following statement to Council on behalf of Jason Fane, who was unable to attend the meeting this evening: "In several public discussions and hearings concerning the proposed sale of the City Hall Annex, the City Attorney, Ralph Nash stated that the law requires a sale at "full value." Recently sales of comparable value include 107 North Cayuga Street, formerly occupied by Luigi's restaurant and others for about $475,000. This is a similar property in that it is also on the Commons super block, also on Cayuga Street, has a brick exterior, has retail space on the main floor, is now vacant, and is not up to code. 191 7 August 3, 1988 However, the City Hall Annex building is superior because it is a highly visible corner building, because it is closer to public parking areas, because it has superior display windows, because it is more modern, because it is of concrete construction, because it has about 1,000 additional square feet of above ground space, because it has a basement of almost 2,000 square feet of legal selling space, because the floor height is at the same (400',, level as adjoining buildings, and because the main floor space is at sidewalk level as required by the handicap codes for wheelchair access. Moreover, the city has indicated a willingness to delay a closing and pay the carrying costs during the time that a buyer is making an application for the code, zoning, and any other hearing which may be required before construction is permitted. With typical hearing delays running six months or more, this factor alone adds LD about 10% to the value of the building. NT LO Finally, property valued in the prime downtown area has been M rising and the market is now at least 10% higher that it was at Q time of the contract on the Luigi restaurant building. I (speaking for Mr. Fane), believe that if you start with a base comparable value of $475,000 and then make a reasonable addition to the price for each of the factors listed above, the lowest full value you can justify is about six hundred thousand dollars, and a good case can be made for seven hundred thousand dollars, or more, particularly to an owner of an adjoining building. You can further increase the price obtained if you will include a variance for the rear lot deficiency so that the potential bidders will have assurance that they may legally occupy the building. Therefore, any member of the Common Council who votes to sell the building for $215,000 is not voting to get full value. I (Mr. Fane) ask you: Are people who pay sales and property taxes paying for necessary government operations and services, or are their taxes subsidizing a preferred buyer for reasons which may not withstand public scrutiny? I (Mr. Fane) believe it is your duty to the citizens and the taxpayers of Ithaca to seek the highest price you can for this building. To this end, I (Mr. Fane) urge you to formally re -open the bidding, to state in writing specifically what the conditions of the bids are, to widely advertise the auction, and to have bids by public outcry or by sealed bid publicly opened, and to sell to the highest bidder. Thank you." Charles Schlough, owner of the Corner Book Store, stated to Council that he submitted a proposal to the City for the purchase of the Annex building at $215,000 and he wished to make some observations and comments to the council about the sale as it proceeded so far. He read the following statement: "This Council has not followed the process that was established for the sale of the property as it was approved by Council on October 7, 1987. Since June of this year, the process has been sidetracked by 192 August 3, 1988 errors of process, miscommunications, and failure of Council to agree on the objectives and the conditions of the sale. The confusion that is broadcast to the public has spawned allegations that I have been a party to secret negotiations or closed dealing. I wish to remind Council that its resolution of October 7th authorizing the Urban Renewal Agency to solicit and evaluate proposals according to criteria that it prescribed to IURA also asked for recommendations of the purchaser of that property. Upon receiving that recommendation, Council accepted on April 6th IURA's selection of my proposal with the terms and conditions as I submitted them on February 1, 1988 along with four others. Since then some members of Council have changed their minds. I was then asked to negotiate with IURA, I did so and gave up some conditions that were considered unfavorable to the city. Now I hear talk among Council members of possible tabling of any discussion vote on that purchase that was negotiated in order to consider whether or not to stop the process that is underway, to begin again and possibly consider other numerous offers that have come to the city recently for a significantly higher amount a full six months after Council's deadline for offers. Council should not act arbitrarily. I have followed the procedures diligently, have invested thousands of dollars, uncounted hours of substantial energy upon the encouragement of Council's decision so far. I was even encouraged by members of the Planning and Development Committee of the Council to begin early submission of requests for building code variances which I will need to act from the State. If Council does not move ahead with the process that it committed everyone to follow, then it will have dishonored its own creditability. I am tired of being patient and tired of being polite, I am tired of the veiled self - righteousness of some Council members. The problems with the sale of this building are not with the established processes. Council has the tools and they work. They have worked in the past. The problems are not a result of inadequate proposals submitted by the public or any attorneys may or may not represent those interests. The problems are internal with Council. Some members have changed their minds about what they want and /or how they want to proceed. The blockade of a clean decision comes from power games among members who are too easily distracted by idealism, or driven by self interest more than public interest. I challenge Common Council to honor the decisions of October 7, 1987 and April 6 of this year and to approve the resolution for sale of the Annex prepared for tonight's meeting. I have acted in good faith and on the assumption that the city would also. You owe it to me and to all the citizens of this city to honor your commitments." Farmers' Market Anna Steinkraus, President of Ithaca Farmers' Market read the following letter from John F. Burness, Vice President of Cornell University to Council: "Having attended every week since its opening, I am very pleased for you and everyone associated with the Farmers' Market - the producers and the consumers. You folks deserve an enormous amount of credit for your patience and perseverance. I felt very badly that Cornell's effort to help with a temporary site ran J 19 e3 into so many problems with previously scheduled events. WX August 3, 1988 the Town planners and our own But in the final analysis the site you're on provides an absolutely splendid setting, enhanced considerably by the landscaping, and the quality of produce and products remains first class. So, thanks for doing everything you did under (60o., difficult circumstances to preserve the Farmers' Market for everyone." Fair Housing In Ithaca Valorie MacDougall, 315 South Albany Street, spoke to Council regarding Fair Housing in Ithaca. She referred to a booklet "Fair Housing for All, a Guide to Your Housing Rights in Ithaca, New York ". She stated that fair housing in Ithaca is not a reality especially to those who work forty hours a week and live (O in Ithaca all year. She quoted rental prices and percentages of Iq gross income that are needed to live in downtown Ithaca. LD She stated that she supports the establishment of a housing commission. She stated that the city needs rent control, a CO tenants association, and urged Council to support this issue. Q She stated that if the City of Ithaca is truly committed to insuring equal opportunities for all its residents, Council will make housing a priority. Community Gardens Joel Fredell, 618 Stewart Avenue, spoke to Council regarding the Community Gardens. He referred to the minutes of the June 8, 1988 Council meeting and the site plan for the NYSE &G site. He expressed concern about what will happen to the Community Gardens if this plan goes ahead. He stated that if anything happens even close to this plan, the community gardens will be destroyed and the Council will have betrayed a long term trust of the community gardens. He reminded Council of what the city would be losing if they lose the community gardens; provision of garden space to low- income people, provision of fresh produce to Loaves and Fishes, Meals - on- Wheels and other emergency food programs, provision of wheel- chair gardens, half -way house gardens, youth programs, senior citizen programs. He urged Council to consider the community gardens in the negotiations that are currently going on with the county. Daytime Alternate Side Parking Carol Reeves, 303 Linn Street, urged Council to vote against the daytime alternate side parking proposal. Wilcox Press UDAG Application Michael Stamm, 205 East Marshall Street, urged Council to approve the resolution on tonight's agenda regarding the Wilcox Press UDAG application. RESPONSE TO THE PUBLIC: City Hall Annex Sale Alderperson Schlather stated for the record that he has received a call from Stephen Sunderlund, New York City. He wished to have Alderperson Schlather, on his behalf, make the following statement: "that he has put into the mail a purchase offer for the Annex building in the amount of $295,000 cash with no contingencies." Alderpersons Nichols and Killeen stated that each had received 194 10 the same call this evening. August 3, 1988 Community Gardens Alderperson Lytel stated that while the city recognizes its responsibility to the county as the largest single generator of solid waste to help with the problem of a baling transfer station, he does not think there is anyone on Council that would want to see land transferred to the County for free. He stated that the city is very much committed to the community gardens. Alderperson Cummings stated that her statements at solid waste meetings has always been that she could only support the baling facility on the NYSE &G site if it also could accommodate the gardens. She stated that there are more sites for the baling station than there are for the community gardens and the city needs to get their priorities straight. Alderperson Nichols stated that he does believe the NYSE &G is the appropriate site for the baling station. He stated, however, that it was well understood in all the discussions that part of the agreement would have to include provision for the Community Gardens either there or elsewhere. Festival Lands Alderperson Nichols stated that it is his understanding that one of the purposes of the agenda items that we are acting -on tonight, as far as alienation is concerned, is to remove the festival lands from that process. They will not be included and there is no commitment there for council to do anything to alienate or to remove festival lands as park land at this time. Community Gardens and Skateboarders Alderperson Johnson added his support to seeing that in no way does the Council give short shrift to the community Gardens and stated that he is glad that the Human Services Committee is going to pursue the issue for the skateboarders. REPORT OF CITY BOARDS, COMMITTEES AND COMMISS_IO_NS: Board of Public Works Commissioner Reeves reported on the following items to Council: Mandatory Recycling Program - The grace period for the Mandatory Recycling Program ended on June 1, 1988 and the amounts of recyclable material have doubled. Currently the recycling truck is collecting 3 1/2 tons of material per day and the participation rate ranges from 30 -60 %. Ithaca Transit Bus Fares - An increase for the Ithaca Transit bus fares has been approved by the Board of Pubic Works by resolution of July 27, 1988 and the new rates will go into effect on August 15, 1988. The increase is from $.35 to $.50. Traffic Light Request - Third Street and Route 13 - The Board of Public Works has sent a request to the NYSDOT for a left turn signal at the corner of Route 13 and Third Street. Stewart Park Alcoholic Beverage Control - After discussion at the Charter and Ordinance meeting, a public information session on July 21, 1988 and an article in the Ithaca Journal, public opinion is against a ban on alcohol at Stewart Park. The Board of Public Works will review the rules and regulations which will include a consideration for parking restrictions to one side only on park roads at their August 17, 1988 meeting. Crosswalk Striping - Alderperson Cummings stated that she has received many communications from constituents asking for J LO Iq LO T m Q 11 August 3, 1988 crosswalk striping in their neighborhoods and asked the Department of Public Works for a progress report. MAYOR'S APPOINTMENTS: Board of Fire Commissioners Acting Mayor Killeen requested approval of Common Council for the appointment of P.K. (Ken) Reeves to the Board of Fire Commissioners with a term to expire June 30, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That this Common Council approves the appointment of P.K. (Ken) Reeves to the Board of Fire Commissioners with a term to expire June 30, 1991. Carried Unanimously Mr. Reeves was sworn into office by Acting City Clerk Holcomb. Police Chief Search Committee Acting Mayor Killeen requested approval of Common Council for the following appointments to establish a Police Chief Search Committee: Rep. Common Council: Rep. Police Comm.: Rep. Public: Bob Romanowski Carolyn Peterson David Lytel David Wallace Deborah Manning Michael Ellis Louis Withiam Director Public Safety, I.C.; and he asked the Council's concurrence. Resolution By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the appointments to the Police Chief Search Committee be approved by Common Council as presented by Acting Mayor Killeen. Carried Unanimously CITY CLERK'S REPORT Change in Polling Place for Fifth Ward, District 3 Alderperson Hoffman reported on the new polling place for the Fifth Ward, Third District. Resolution By Alderperson Hoffman: Seconded by Alderperson Peterson WHEREAS, the polling place designated on April 6, 1988 for the Third District of the Fifth Ward will be unavailable due to construction in said building; now, therefore, be it RESOLVED, That in its place, the following is designated as the polling place for the Third District of the Fifth Ward, in the City of Ithaca, New York, for the year 1988: Mary Donlon Hall - Lobby, Sisson Place, Cornell University Campus. Carried Unanimously CITY ATTORNEY'S REPORT City Attorney Nash reported on the following: Six Mile Creek Property (Maylin /Brahm) The city has closed on the property along Six Mile Creek 195 96 12 and the title has been recorded. August 3, 1988 American Community Cablevision Franchise Agreement The city has received the American Community Cablevision Franchise Agreement for execution. Alderperson Lytel asked Attorney Nash when we anticipate a decision from the Commission in regard to the fifteen year agreement. Attorney Nash responded that he did not know whether ACC would hold up the signing of the agreement until the ordinance has been completed. He stated that the ACC has a draft which they are currently reviewing. Proposed Sale of City Hall Annex Alderperson Peterson Asked Attorney Nash if he had reviewed the process on the proposed sale of the City Hall Annex and whether it was followed properly. Attorney Nash stated that the City Attorney's office and the Planning and Development Committee have reviewed the details of any proposed sale so that they can provide adequate public notice if indeed Council wishes to go with a sale on a specific proposal. He stated that we have reviewed again the legal authority for the process. Alderperson Schlather asked Attorney Nash if the city declined to endorse the proposal that is before the Council, and if the city were to simple publish specifications for bids, could we start all over again on this process. Attorney Nash responded that Common Council basically authorized the Ithaca Urban Renewal Agency to solicit proposals for sale and renovation of that building. There was no commitment by Council to choose any of these proposals. He stated that the city could probably start all over again and the city is not bound to take any particular action at this point. Ordinance for Moratorium Alderperson Hoffman asked Attorney Nash if he was aware that the Planning and Development Committee has asked for the drafting of an Ordinance for a Moratorium. Attorney Nash responded that he has not received any requests for an Ordinance for a Moratorium. CHARTER AND ORDINANCE COMMITTEE: *15.4 An Ordinance Amending the Zoning Map of Chapter 30 Entitled 'Zoning'of the City of Ithaca Municipal Code (Re- zoning So- called Watts Lot) - Call for Public Hearing By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That Ordinance No. 88 - entitled An Ordinance Amending the Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning so- called "Watts Lot" from B -2a to R -2b) be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Council Chambers, City Hall, at No. 108 East Green Street in the City of Ithaca, New York, on Wednesday, the 7th day of September, 1988 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing Ln Iq LO 13 August 3, 1988 will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 88 - AN ORDINANCE AMENDING 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 parcel number 25 -3 -1, thence northeasterly a approximately 264 feet along the south boundary of way of Franklin Street to a point on the northeast parcel number 25 -3 -1, thence southeasterly a approximately 325 feet along the west boundary of way of Lake Avenue to a point on the southeast parcel number 25 -3 -1, thence southwesterly a approximately 269 feet along the north boundary of way of Adams Street to a point on the southwest parcel number 25 -3 -1, thence northwesterly a approximately 330 feet along the east boundary of t corner of tax distance of the right -of- corner of tax distance of the right -of- corner of tax distance of the right -of- corner of tax distance of he 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. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Sale of City Hall Annex By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, the Common Council of the City of Ithaca by resolution duly adopted at its regular meeting on October 7, 1987 declared the City Hall Annex, Tax Map Number 7 -5 -24, 123 South Cayuga Street, with an appraised value of $210,000, to be surplus property and authorized the Ithaca Urban Renewal Agency and its Executive Director to solicit proposals for its sale, to evaluate purchase proposals according to the stated criteria of purchase price, proposed reuse and appropriateness of any planned alterations to the exterior of the structure, and recommend to the Common Council its selection of purchaser for Common Council 19'7 1.98 14 review and action, and August 3, 1988 WHEREAS, the Ithaca Urban Renewal Agency solicited and evaluated proposals for the sale of the Annex and recommended to the Common Council the sale of the Annex to Charles Schlough for the sum of $215,000, and WHEREAS, the Common Council accepted said recommendation at their April 6, 1988 regular meeting, and at their July 6, 1988 regular meeting directed the Ithaca Urban Renewal Agency Executive Director and City Attorney to prepare for their review and approval a purchase proposal for the subject property, attached and incorporated herein; now, therefore, be it RESOLVED, That the Common Council has reviewed and approved the draft purchase proposal and authorizes and directs the City Clerk, with the assistance of the City Attorney and Director of Planning and Development to prepare and publish the appropriate notifications for the sale of the subject property in accordance with City Charter Section 3.10 (40) so that the Common Council can consider the actual sale of the City Hall Annex at their September 7, 1988, and be it further RESOLVED, That this resolution rescinds any previous actions by Common Council which are not consistent with this action. Alderperson Cummings gave background information on the resolution. She stated that because of Common Council's decision to dispose of this property we were very clear that we wanted to have the property transferred in such a way that it would provide for the best overall interests of the city in terms of an attractive project which we would be proud to have next to City Hall and would serve the broad public good. She stated that Council have has the best possible proposal before them and she urged Council to take this proposal. Discussion followed on the floor. Alderperson Schlather stated that the purchase contract that is before Council has no easily enforceable mechanisms whereby we can ensure what is going to be done with that property and suggested that there should be some sort of reverto clause which would allow the city to acquire title if improvements to the building and adjacent building were not completed within the three year period. He stated that this proposal was made in March or April and is still requiring contingency for funding and the price is inadequate. He referred to other offers for $285,000 and $295,000 without contingencies. He further stated that any government property, including property at tax sales, are not allowed the privilege of making an offer or entering into a purchase contract subject to financing contingencies. Alderperson Cummings responded to Alderperson Schlather's comments. Alderperson Nichols stated that his final decision, as it now stands, is to vote no on this proposal. He stated that when he voted to go ahead with the Schlough proposal he did not understand all the terms and conditions of the proposal and that Mr. Schlough has every right to consider himself led astray. Alderperson Nichols stated that he agrees with Alderperson Schlather that what we are faced with in terms of this present contract is not sufficient. There are no guarantees that all portions that we included in the consideration of selling at a lower price are even included in this proposal and he stated that he feels that we should start over again. Alderperson Schlather stated that if this is voted down he would ask that the matter be sent back to the Planning and Development 0 Ln Iq L0 m Q 199 15 August 3, 1988 Committee for review. Alderperson Cummings responded that Council should not operate under the illusion that sending this back to committee for review will get us to unanimity on Council floor. She stated that Council is going to be at odds on what we believe is the fair dollar value. She suggested that rather than voting this proposal down, Council authorize a negotiating committee to negotiate on this proposal to take care of some of the conditions referred to. She stated that she thinks it would be grossly unfair to dismiss this proposal and then come back out of committee with a similar set of criteria. Acting Mayor Killeen stated that we need a group of this Council to serve as a negotiating unit. He stated that this is more than a planning function. There is also a socio- economic function attached to this transaction that is being lost. Alderperson Hoffman stated that the terms of an agreement should reflect a commitment and to some degree a guarantee that both buildings will be brought up to the level that Council was led to believe they would be. He stated that he is uncomfortable with changing the rules at this point. Alderperson Schlather responded that it is not possible to enforce the 3 -year improvement schedule that is set forth under special conditions in this agreement. He stated that the Council has an responsibility to ensure proper fiscal integrity in the disposition and management of our assets. He stated that it is obvious that we cannot come to terms and we need to start over. Further discussion followed on the floor. Motion to Refer to Committee By Alderperson Lytel: Seconded by Alderperson Johnson RESOLVED, That the sale of the City Hall Annex be referred to the Intergovernmental Relations Committee to negotiate a purchase offer on behalf of the City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: Alderperson Cummings stated that if we cannot come to negotiated terms we need to there has been no discard the offer and official negotiating start over. She stated committee. There has been a memorandum of understanding, conditions put together at the we direction of the agency and council by the Director of Planning, and shared with the bidder. We need to do responsible Carried negotiating. By Alderperson Cummings: Seconded by Further discussion followed on the floor. Motion to Refer to Committee By Alderperson Lytel: Seconded by Alderperson Johnson RESOLVED, That the sale of the City Hall Annex be referred to the Intergovernmental Relations Committee to negotiate a purchase offer on behalf of the City of Ithaca. Discussion followed on the floor. A vote on the resolution resulted as follows: RESOLVED, That Common Council delegates to the Board of Public Works the authority over the granting of a license to the Ithaca Farmers' Market for the 1988 season, including the authority of approval of hours and /or days of use, modification of structures, parking, fees and any other matters affecting the operation of the Ithaca Farmers' Market for the 1988 season, and be it further Ayes (6) - Killeen, Cummings, Peterson, Hoffman, Lytel, Johnson Nay (1) - Schlather Abstention (1) - Nichols *16.1 Ithaca Farmers' Market Carried By Alderperson Cummings: Seconded by Alderperson Nichols WHEREAS, Common Council has approved the use by the Ithaca Farmers' Market of the site adjacent to the Wastewater Treatment Plant for the 1988 season; now, therefore, be it RESOLVED, That Common Council delegates to the Board of Public Works the authority over the granting of a license to the Ithaca Farmers' Market for the 1988 season, including the authority of approval of hours and /or days of use, modification of structures, parking, fees and any other matters affecting the operation of the Ithaca Farmers' Market for the 1988 season, and be it further 200 August 3, 1988 16 RESOLVED, That Common Council reserves for itself the approval of the final design of any permanent structures and long -term leasing arrangements of the Ithaca Farmers'Market. Discussion followed on the floor in regard to a fee for license for the 1988 season. Alderperson Schlather stated that Common Council passed a resolution directing the Board of Public Works to make the decision of the fee for license for the 1988 season. A vote on the resolution resulted as followed: Carried Unanimously *16.2 Cluster Housing Approval Process By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, the passage of a cluster housing provision would allow preservation of open space and other benefits for the city, and WHEREAS, under New York State enabling legislation the Common Council can empower the city's Planning and Development Board to approve cluster housing schemes as a part of the subdivision approval process; now, therefore, be it RESOLVED, That the Common Council does direct Planning and Development staff with the assistance of the City Attorney to draft an amendment to the subdivision ordinance which would empower the Planning and Development Board to approve cluster development in the City of Ithaca, but which would not grant the Board the authority to make less rigorous residential density including those requirements of height, percent of lot coverage and side yard at the edges of the tax parcel, and be it further RESOLVED, That these amendments be returned to Council for their consideration and action at the September 1988 Common Council meeting. Alderperson Cummings gave background information on the resolution. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Killeen, Johnson, Hoffman, Peterson, Nichols, Lytel, Cummings Nay (1) - Schlather Carried *16.6 Wilcox Press UDAG Application By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, Wilcox Press has requested the city's assistance in the form of a second mortgage loan using UDAG funds for construction of a new facility in Tompkins County, and WHEREAS, payback from such UDAG loan would bring a substantial amount of money to the city for low- or moderate - income housing or other Community Development eligible activities; now, therefore, be it RESOLVED, That contingent upon the city paying no more than half of the cost of any consultant fees for preparation of the grant, the Planning and Development Department is directed to prepare a UDAG application for Wilcox Press, and be it further RESOLVED, That the terms of such application be brought to the Common Council at its September meeting for action, and be it August 3, 1988 201 17 further RESOLVED, That a list of priorities for use of the funds from this UDAG payback and other such paybacks be brought to the Common Council at the September 1988 meeting. Alderperson Cummings gave background information on the resolution. (600e Discussion followed on the floor. _Amending Resolution By Alderperson Nichols: Seconded by Alderperson Hoffman RESOLVED, That the agreement with Wilcox Press include the agreement by Wilcox Press not to oppose the re- zoning of the area subsequent to its move. Discussion followed on the floor on the amendment. LO A vote on the amendment resulted as follows: Iq LO Ayes (7) - Killeen, Johnson, Hoffman, Peterson, Nichols Lytel, Schlather m Nay (1) - Cummings Carried ar Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings Alderperson Schlather requested that the first Resolved be changed to read as follows: RESOLVED, That contingent upon the city paying no cost of any consultant fees for preparation of the grant application, the Planning and Development Department is directed to arrange for the contract of the preparation of the UDAG application for Wilcox Press, and be it further. Planning Director Van Cort answered questions from Council members and explained figures on payback and procedures. A vote on the amending resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously *16.3 Establishment of the Ithaca Rental Housing Committee By Alderperson Cummings: Seconded by Alderperson Peterson 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 examined in the city's 1987 study, and WHEREAS, currently there is no forum that is available to exclusively discuss rental housing issues and generate pertinent action recommendations; now, therefore, be it RESOLVED, That this Common Council, action 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 202 August 3, 1988 M 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 majority shall be renters: 1) Tenants, or representatives of tenants' organizations (if any) (1) 2) Tenants or tenant advocates of subsidized housing (IHS, EOC, INHS, DSS, Mental Health, Red Cross, Homeless) 3) 4) 5) 6) 7) 8) 9) 10) and be it (3) Senior Citizens Community (1) Off - campus student housing representatives from Cornell and Ithaca College (2) Rental housing property owner or property manager (1) Board of Realtors representative from the banking community (1) Planning and Development Board (1) Planning and Development Committee Neighborhood Civic Associations Neighborhood Legal Services further or mortgage officer (1) 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. Discussion followed on the floor. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Cummings Alderperson Nichols requested that the Third Resolved read as follows: 203 August 3, 1988 19 RESOLVED, That said commission, meeting at least monthly, shall to the extent feasible consist of representatives from the following interest groups and shall have at least eleven voting members; of whom a majority shall be renters. Discussion followed on the floor on the amendment. A vote on the resolution resulted as follows: (400'e. Carried Unanimously Further discussion followed on the floor. Alderperson Schlather stated that a Rental Housing Committee should be given authority. Motion to Refer to Committee By Alderperson Schlather: Seconded by Alderperson Lytel RESOLVED, That the establishment of the Ithaca Rental Housing LO Committee issue be referred to the Planning and Development d- Committee to meet with Building Commissioner Thomas Hoard. Discussion followed on the floor regarding the referral. T_ M A vote on the resolution resulted as follows: Q Ayes (6) - Schlather, Lytel, Peterson, Cummings, Nichols, Johnson Nays (2) - Hoffman, Killeen Carried *16.4a Alienation Process (Environmental Review) By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, the process of alienating the city -owned lands on Inlet Island and Southwest Park of their recreational designation have generated substantial public discussion in the past year, and WHEREAS, substantial confusion exists as to the reason and rationale for alienating the two parcels, and WHEREAS, the process of environmental review for the alienation proceedings has raised a series of difficulties even before the review is undertaken; now, therefore, be it RESOLVED, that Common Council reiterates the importance of the resolution of the alienation process, and be it further RESOLVED, That Common Council finds that environmental review should be done for the two parcels separately even though their alienation remains linked. Discussion followed on the floor. City Attorney Nash and City Planner Jones answered questions from Council members. (awe I A vote on the resolution resulted as follows: Carried Unanimously *16.4b Alienation Process - (Cayuga Inlet and Island Project By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, Common Council finds it desirable to consider the sensitive and sensible water - oriented commercial, residential, and recreational development of Inlet Island which would increase the effective access of all Ithacans to the city's waterfront, and WHEREAS, Council views the Cayuga Inlet and Island Project report prepared for the City of Ithaca in 1982 as an 204 August 3, 1988 20 overdevelopment of the Inlet Island site; now, therefore, be it RESOLVED, That Common Council directs that environmental review for the Inlet Island Park alienation commence as if the full 1982 plan, considering also all proposed Route 96 alternatives, would follow once alienation were completed, and in consideration of the likely unacceptable consequences which would be manifest, that Part III of the EAF be used to outline the restrictions on development which would be the most appropriate for the Inlet Island site, and be it further RESOLVED, That Common Council be hereby designated lead agency. Ayes (7) - Schlather, Lytel, Cummings, Johnson, Nichols, Hoffman, Killeen Nay (1) - Peterson Carried *16.4c Alienation Process (Southwest Park By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, it may be desirable to allow the development for industrial, commercial, recreational and /or residential purposes all or substantial portions of Southwest Park; now, therefore, be it RESOLVED, That Common Council directs that the environmental review of Southwest Park evaluate each of these potential uses contemplating the possibility of local designation for portions, if not all, of the wooded areas of the park as local park, and be it further RESOLVED, That Common Council be designated lead agency. Carried Unanimously *16.4d Alienation of Southwest Park and Inlet Island Park - Request for Legislation Authorizinq Chancre in Substitute Land By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, an amendment to Chapter 757 of the Laws of 1985 has been requested of the New York State Legislature, and WHEREAS, said amendment would permit the removal of lands known as the Festival Parcel from the list of lands offered as substitute for certain city -owned park lands to be converted from recreational use, and WHEREAS, said amendment would allow replacement of the Festival parcel with other lands near Six Mile Creek, and WHEREAS, Common Council has reviewed and concurs with State Assembly Bill A10725a which authorizes the aforementioned exchange; now, therefore, be it RESOLVED, That Common Council does request passage of said Bill by the New York State Legislature, and be it further RESOLVED, That the Mayor and City Clerk are authorized to forward necessary Home Rule Message to the State. Discussion followed on the floor. Alderpersons Hoffman, Nichols and Johnson reported for the record that their votes are not to be interpreted as for alienation or expansion of the marina, it is recognizing the logic of untangling this parcel from alienation. A vote on the resolution resulted as follows: Ayes (7) - Schlather, Lytel, Cummings, Johnson, Nichols, Hoffman, Killeen Nay (1) - Peterson LO Iq LD _ M a 0 21 August 3, 1988 Carried *16.8 Housing Trust Fund Report Alderperson Cummings reported to Common Council that the Charter and Ordinance Committee and the Planning and Development Committee are preparing a resolution to establish a housing trust fund and hope to present it at the September 1988 meeting of Common Council. *16.9 Establishment of Planning Priorities By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, the scale and rate of new development now occurring in the City of Ithaca could cause irreparable negative impacts on the city's neighborhoods, on natural areas, on traffic and parking conditions, and on the city's capacity to provide necessary services at reasonable costs, unless such development is adequately regulated through appropriate zoning, master planning, environmental review, site plan review, and a system of impact fees; now, therefore, be it RESOLVED, That the Common Council finds that the city's land use regulations are in urgent need of amendment, updating, and supplementation, and be it further 205 RESOLVED, That the following be declared Emergency Planning Priorities, requiring immediate attention, and having the following projected implementation schedules: 1. Resolve the issue of a Site Plan Review Ordinance and process - December 188 2. zoning Ordinance changes: a. Revise R -3 districts - March 189 b. Revise R -2 districts to use bedrooms as measure of density - March '89 C. Revise regulations where residential zones abut commercial or industrial zones - March '89 d. Create R -2c zone - December 188 e. Revise residential parking requirements - December 188 3. Revision of Environmental Review Ordinance and process - March '89 4. Revision of Subdivision Regulations - November 188 5. Creation of West Hill Master Plan - March 189, and be it further RESOLVED, That the following be declared Primary Planning Priorities, upon which work should begin as soon as possible, for implementation in 1989: 1. Establishment of Developer Impact Fees 2. Mapping of Critical Environmental Areas 3. Explore legal aspects of Demolition Ordinance 4. Land -use planning for Southwest area and former sewer site 5. Develop alternative public zones 6. Create conservation overlay zones for environmental sensitive areas 7. Six Mile Creek study of watershed and natural area, scenic, and recreational area protection 8. Interjurisdictional planning 9. Central Business District parking 10. Parking regulation amendments 11. East Hill traffic problems - study of alternative solutions 12. Public transit, and be it further RESOLVED, That the 1988 Work Plan of the Planning and Development Department be modified as needed to meet the above timetable, and 20 ()' August 3, 1988 22 that the proposed 1989 Work Plan reflect the above priorities which continue into that year, and be it further RESOLVED, That the Common Council hereby recognizes that an increased 1988 budget for the Planning and Development Department may be required to provide necessary staff /consultant support for the above - mentioned priorities, to the degree that they are not already incorporated into the 1988 Work Plan, and be it further _j RESOLVED, That the Common Council hereby commits itself to meeting as frequently as necessary to carry out these tasks. Discussion followed on the floor. Director of Planning and Development Van Cort stated that this timetable cannot be followed. He reported to Council the zoning ordinance had been rewritten twice since 1973 and that it required at least fourteen months. He stated that this is not a realistic timetable. A vote on the resolution resulted as follows: Carried Unanimously *16.10 Alternate Side Parking Resolution to Lift From Table By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED, That the matter of Alternate Side Parking, which was tabled at the July 1988 Common Council meeting be lifted from the table and referred to the Charter and Ordinance Committee. Carried Unanimously HUMAN SERVICES COMMITTEE: Southside Community Center Shelter for Homeless - Report Alderperson Peterson reported that the Southside Community Center came before the Human Services Committee in regard to improvements to their building. They have requested a permanent shelter there for the homeless. The Human Services Committee directed them to at for 1988 -89 a temporary shelter once again and to return next month with more details and a resolution. Deployment of New Police Officers - Report Alderperson Peterson reported that the Human Services Committee met with Beau Saul of the Police Benevolent Association in regard to the concerns from the residents in the city wards. The committee requested that the new Chief review current deployments and make recommendations. Ithaca Neighborhood Housing Funding - Report Alderperson Peterson reported that INHS approached the committee with a referral from the Budget and Administration Committee for a line item request for $80,000. Funding Requests from Agencies Other than Human Services Providers Alderperson Peterson reported that the Human Services Committee has completed their review from agencies other than the Human Services providers and made their recommendations. The recommendations have been forwarded to Mayor Gutenberger. Discussion followed on the floor. Alderperson Peterson stated that there was an additional request this year and substantial increases on other requests. CHARTER AND ORDINANCE COMMITTEE: Alcohol Use in Stewart Park - Report Alderperson Schlather reported that the Charter and Ordinance Committee heard public comments in regard to the issue of alcohol use in Stewart Park. The committee received petitions with approximately 600 signatures of persons opposing a ban on alcohol August 3, 1988 23 207 use in Stewart Park and comments from the public. The committee will consider an update on regulations that govern public behavior in Stewart Park and changing parking restrictions. *15.2 Environmental Review for Certain Amendments to Chapter 30, Entitled 'Zoning' to the Municipal Code - Determination_ of Non- significance By Alderperson Schlather: Seconded by Alderperson Nichols WHEREAS, the matter of environmental review for certain amendments to Chapter 30, entitled 'Zoning' to the Ithaca Municipal Code 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 WHEREAS, it appears that the proposed action is an "unlisted" Lo 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 Review Act (E.Q.R. LD 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 a 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 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 (woo" 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. Carried Unanimously *15.3 An Ordinance Amending the Zoning Map of Chapter 30 Entitled 'Zoning' of the Municipal Code (Proposed Zoning Amendments to Section 30.25 - Resolution Calling for Public Hearing By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That Ordinance No. 88 - entitled "Proposed Zoning Amendments" to Section 30.25 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday September 7, 1988 at 7:00 P.M., and be it further RESOLVED, That the City by the publication of specifying the time when will be held, and in ordinance. Such notice days prior to the public Clerk give notice of such public hearing a notice in the official newspaper and the place where such public hearing general terms describing the proposed shall be published once at least fifteen hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the MIN August 3, 1988 24 Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed Zoning Ordinance for their report thereon. ORDINANCE NO. 88 - AN ORDINANCE AMENDING SECTION 30.251 DISTRICT REGULATIONS, 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 SECTION 30.25 Section 1. Section 30.25, District Regulations, of Chapter 30 is amended to read as follows: S 30.25 District regulations A. The District Regulations Chart is hereby made a part of this Chapter. Column heads on the District Regulations Chart are defined as follows:.... For the text regarding Columns 1 through 13, see existing text of this Section. Column 14. Yard dimensions. Rear yard. [ "Percentage of depth. "] [Buildings] Subject to the provisions of the following paragraph, buildings hereafter erected in each district must have a rear yard of at least the depth which is the percentage figure listed in this column [, except as provided in Column 15 and subject to the further regulations of S30.35]. Such percentage shall be taken of the lot depth. If the two side lot lines are of unequal length, the rear yard percentage shall be taken of the average of the two lengths. (See Illustration VI, below) L • A rJ - LaT OCrTH a • RCM \•MD L-rn4- 9TATC7 % of` L (rMH c . H� p I 9T1cLGT Ill. VI. Rear yard - 1 lot 7eoth. sTCeeT 1 It=NC 7/.ICV , �IOG • SIDC -lurto -- t ti -T,. " ZI+r YA— 111_ VII. Through -block lot [Column 15: Yard Dimensions. Rear Yard. "Maximum required. "] In applying the lot depth percentage of [Column 14] this Column (see previous paragraph), no rear yard shall be required which is a greater number of feet in depth than the maximum footage figure listed in this column [; however,]_ However, rear yards of a greater depth shall not be prohibited. For some districts the required rear yard dimensions are stated in terms of minimum footage requirements In those cases the percentage lot depth and maximum footage figures do not apply. On a corner lot or through -block lot the yard on the opposite side of the lot from the street whose address the lot bears shall be designated as rear yard. (See Illustration VII, above) B. General Notes Pertaining to Regulations 1. (All development plans shall be subject to approval by �i D August 3, 1988 209 25 the Planning and Development Board and the Common Council.] For minimum lot size requirements stated in Column 6 (Area in Square Feet for all residential use districts, each square footage requirement applies separately to the initial permitted primary use and to each additional permitted primary use located in a separate building on the property in question (e.g., in R -2b districts, an area of 3,000 square feet is required for a one - family house or a two - family house and an additional area of 3,000 square feet is required for each additional one - family house or two - family house on the property. 2. Land filling and bulkheading plans and procedures shall be subject to approval of the Board of Public Works. [and Common Council.] 3. Regulations, standards and permitted uses are generally cumulative, except for the P -1, FW -1 and MH -1 districts and except where otherwise indicated by specific prohibition or omission. 4. Where a variance or special permit is required, or where m special conditions apply, to allow in one district a use which is Q permitted by right in another district, the regulations applying to such use shall be those of whichever district has the stricter regulations, unless otherwise determined by the Board of Zoning Appeals. 5. All uses permitted or allowed in any district shall conform to the General Performance Standards as set forth in 530.40. 6. Any use permitted under this Ordinance shall, if located within the FH -1 Zone, meet the requirements of Section 30.44 in addition to those otherwise applicable to it under district regulations. 7. In R -1 and R -2 districts, minor dependent children in the care of a parent or relative shall be excluded in determining the number of unrelated occupants in a dwelling unit. 8 In all districts where multiple dwellings are permitted, each multiple dwelling shall be required to have a rear yard of at least twenty (20) feet in depth. (This requirement has been imposed so that these structures comply with the New York State Uniform Fire Prevention and Building Code). 9 In all districts, the New York State Uniform_ Fire Prevention and Building Code may impose additional requirements pertaining to the location of a structure on a parcel of property including, for example, additional building setback requirements. 10 All columns established by this section are subject to the supplementary regulations stated in Article iii of this ordinance. Section 2. This District Regulations Chart established by Section 30.25 of this Chapter is hereby amended as follows: a. Column 15 is deleted b. Column 14 is retitled "Rear" C. The box entitled " %of Depth" is amended to read "% of lot depth or maximum footage required, whichever is less." d. For the respective districts, Column 14 is amended to read as follows: R -la: 25% or 50 feet 210 August 3, 1988 26 R -lb: 250 or 50 feet R -2a: 25% or 50 feet R -2b: 250 or 50 feet R -3a: 20% or 25 feet R -3b: 20% or 25 feet R -U : 25% or 50 feet C -SU: 20% or 25 feet B -la: 150 or 20 feet B -lb: 10% or 15 feet B -2a: 15% or 20 feet B -2b: 10 feet minimum B -2c: leave as is - not to be amended B -3 : 10 feet minimum B -4 : 15% or 20 feet B -5 : 15% or 20 feet I -1 : 15% or 20 feet FW -1: leave as is - not to be amended FH -1: leave as is - not to be amended M -1 : 15% or 20 feet P -1 : 10 feet minimum MH -1: 200 or 25 feet Section 3. Paragraph 3 of subdivision A of Section 30.33, Height Regulations, of Chapter 30 is amended to read as follows: 3. Towers or structures, including satellite dishes, for the transmission or receipt of radio or other electronic signals for the non - commercial use and enjoyment of occupants of the premises, including television, ham radio, citizens band, MARS and similar operations in connection with hobbies and home entertainment. Section 4. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried Unanimously *15.4 An Ordinance Amending the Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code -(Re-Zoning So- Called Watts Lot) - Resolution Calling for Public Hearing By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That Ordinance No. 88 - entitled An Ordinance Amending the Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (re- zoning so- called "Watts Lot" from B -2a to R -2b) be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the Council Chambers, City Hall, at No. 108 East Green Street in the City of Ithaca, New York, on Wednesday, the 7th day of September, 1988 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. ORDINANCE NO. 88 - Irn August 3, 1988 211 27 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. 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. Carried Unanimously Smoking Ordinance - Report Alderperson Schlather reported that the Charter and Ordinance Committee worked on the draft smoking ordinance recently sent to Common Council and the Mayor. The committee will present an ordinance for Common Council action- at its September 7, 1988 meeting. BUDGET AND ADMINISTRATION COMMITTEE: *17.1 Madison Street Bridge Capital Project By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, Capital Project #218, Madison Street Bridge Rehabilitation, was authorized and funded in the 1988 Budget for an amount not to exceed $115,000, and WHEREAS, the Board of Public Works has requested that Common Council increase the authorization by $26,000 to allow for the use of the alternate concrete handrail and the installation and lamping of historic luminaries on Madison Street, North Tioga and North Aurora Street bridges; now, therefore, be it RESOLVED, That this Common Council approves the request of the Board of Public Works to increase the authorization of Capital Project #218, Madison Street Bridge Rehabilitation, from $115,000 to $141,000, and be it further RESOLVED, That an amount not to exceed $26,000 be transferred from Capital Reserve #4 - Bridges, to Capital Project #218, Madison Street Bridge Rehabilitation. Carried Unanimously 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 LO parcel number 25 -3 -1, thence southeasterly a distance of approximately 325 feet along the west boundary of the right-of- Iq of Lake Avenue to a point on the southeast corner of tax LD 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 Q 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. Carried Unanimously Smoking Ordinance - Report Alderperson Schlather reported that the Charter and Ordinance Committee worked on the draft smoking ordinance recently sent to Common Council and the Mayor. The committee will present an ordinance for Common Council action- at its September 7, 1988 meeting. BUDGET AND ADMINISTRATION COMMITTEE: *17.1 Madison Street Bridge Capital Project By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, Capital Project #218, Madison Street Bridge Rehabilitation, was authorized and funded in the 1988 Budget for an amount not to exceed $115,000, and WHEREAS, the Board of Public Works has requested that Common Council increase the authorization by $26,000 to allow for the use of the alternate concrete handrail and the installation and lamping of historic luminaries on Madison Street, North Tioga and North Aurora Street bridges; now, therefore, be it RESOLVED, That this Common Council approves the request of the Board of Public Works to increase the authorization of Capital Project #218, Madison Street Bridge Rehabilitation, from $115,000 to $141,000, and be it further RESOLVED, That an amount not to exceed $26,000 be transferred from Capital Reserve #4 - Bridges, to Capital Project #218, Madison Street Bridge Rehabilitation. Carried Unanimously 212 August 3, 1988 M *17.2 Audit By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the bills presented, as listed on Audit Abstract #14/1988, in the total amount of $21,858.05, be approved for payment. Carried Unanimously *17.3 Renovations to Fire Apparatus By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That an amount not to exceed $3,030 be provided from Capital Reserve #15 - Fire Engines, for additional repairs required to Engine 909 and Ladder Truck 933, as requested by the Board of Fire Commissioners. Carried Unanimously *17.4 Youth Bureau Authorized Equipment By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the 1988 Authorized Equipment List of the Youth Bureau be amended to include the purchase of one electronic cash register, at a cost not to exceed $815, and 45 pairs of ice skates, at a cost not to exceed $3,050, as requested by the Youth Bureau Director, and be it further RESOLVED, That an amount not to exceed $3,865 be transferred within the Youth Bureau Budget as follows: To - Account 7310 -225, Other Equipment $31865 From - Account 7310 -105, Administrative Salaries $3,050 - Account 7310 -435, Contractual Services 815 *17.5 Senior Account Clerk Typist By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That Shawn May be appointed to the position of Senior Account Clerk Typist in the Youth Bureau, with an annual salary of $121449, that being Step 3 on the 1988 C.S.E.A.- Administrative Unit Compensation Plan, effective August 8, 1988, as requested by the Youth Bureau Director, and contingent upon receipt of approval in writing from the C.S.E.A. Union agreeing to the same. Carried Unanimously *17.6 G.I.A.C. Personnel Roster By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the 1988 Authorized Personnel Roster for G.I.A.C. be amended as follows: Add - one Youth Development Program Supervisor position - 35 hours - one Youth Development Program Leader position - 35 hours - one Youth Diversion Coordinator position - 20 hours Delete - one Youth Development Program Supervisor position - 26 1/4 hours - one Recreation Assistant position - 35 hours - one Youth Diversion Coordinator position - 35 hours Carried Unanimously *17.7 Police Dispatchers By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the 1988 salary for three Police Dispatchers to be hired, be set at $16,148 each, that being Step 5 on the 1988 C.S.E.A. - Administrative Unit Compensation Plan, as requested by 213 August 3, 1988 29 the Acting Police Chief. Carried Unanimously *17.8 Hydropower Services By Alderperson Schlather: Seconded by Alderperson Hoffman 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 (600., certain studies and /or reports be completed as prescribed; now, therefore, be it RESOLVED, That this Common Council authorizes the following not to exceed appropriations for specified services to be rendered: Engineering Update $15,000 Public Information Campaign $ 6,000 Lo and be it further RESOLVED, That an amount not to exceed $11,000 be transferred LO from Account A1990, Contingency, to Capital Project #201 - Ithaca Falls Hydro, and be it further M RESOLVED, That the previously authorized appropriation for the Q dam study at Sixty -Foot Dam in the amount of $10,000 be redirected to the funding of the engineering update for the hydroplant. City Planner Jones answered questions from Council members. Alderperson Schlather gave background information on the resolution and stated that we are taking the first step toward abandonment of the hydropower project. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously *17.9 Industrial Park Engineering Services By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That Peter D. Novelli be retained to provide a detailed design of the proposed Route 13 Industrial Site, at a cost not to exceed $12,500, and be it further RESOLVED, That funding for this service be provided as follows: From - Account A8020 -435, Contractual Services $5,000 - Capital Reserve #25 - Capital Improvements $7,500 and be it further RESOLVED, That it is intended by this action that the County be placed on notice that the N.Y.S.E. & G. Industrial Park Site is no longer available as a potential site for a baling station. Alderperson Schlather gave background information on the resolution. Discussion followed on the floor in regard to the value of the Industrial Park site to the city and the cost of relocating the Farmers' Market and Community Gardens. Amending Resolution By Alderperson Nichols: Seconded by Alderperson Johnson RESOLVED, That the last Resolved be stricken from the resolution. 214 August 3, 1988 30 Discussion followed on the floor on the amendment. Alderperson Cummings stated that she cannot support any use of the NYSE &G site which does not also include the gardens on the site. Alderperson Hoffman read the following statement from Alderperson Booth into the record: "A) I oppose any move by the city of Ithaca to spend money at this time to develop a plant for the development of this property as a City Industrial Park. B) The city has informed Tompkins County that this site is available for use as a garbage baling station, subject to the completion of negotiations regarding the county's acquisition and /or use f this site and subject to completion to all required steps including environmental review. I feel strongly that it would be a major mistake for the city to change the position it has previously taken with the county on this matter, and I feel that the city should not spend any money or take any other action at this time that would further this site's development as an industrial park. C) If the city is going to lose or jeopardize certain funds that it received from various funding sources for the development of this site as an industrial park those considerations should be taken account of in the discussion of the terms under which the county acquires /uses the NYSE &G industrial park site. Those considerations should not be used to support any action by the city that will or may suggest that this site will not be available for the county's use as garbage baling station. D) In my opinion, the city would be making a critical mistake should it advise the county that this site would not be available for use as a baling station and I very strongly oppose any move by the city in that direction." Alderperson Hoffman stated that he would like the negotiations with the county to proceed quickly so if there is any chance for us to salvage the funding or if the negotiations are not going to be satisfactory to us, we need to know that. Alderperson Lytel stated that the agreement with the county should reflect the full value of that land if it were received. Alderperson Schlather stated that this is more than just grant money and acquisition. It is the relocation of the Industrial Park site to another location and we have a piece of land that is extremely valuable. A vote on the amendment resulted as follows: Ayes (5) - Nichols, Hoffman, Lytel, Peterson, Johnson Nays (3) - Schlather, Cummings, Killeen Carried Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Lytel Alderperson Schlather requested that the first Resolved read as follows: "Resolved, That it is intended by this action that the availability of the NYSE &G Industrial Park site is contingent upon the city receiving full value of this land reflecting the replacement costs of this parcel and the grant monies that are anticipated or have been received to acquire and improve it including the relocation of the Community Gardens and any other city resources expended to improve the parcel." 215 31 Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (6) - Schlather, Lytel, Nichols Nays (2) - Peterson, Killeen August 3, 1988 Cummings, Johnson, Hoffman, Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (6) - Schlather, Lytel, Cummings, Johnson, Hoffman, Nichols Nays (2) - Peterson, Killeen Carried *17-11 Cayuga Inlet Bikeway - Report LD Alderperson Schlather reported that this is a $100,000 project �. and referred to a memo from Kathy Evans asking for $35,000 for Phase I. This request will be reviewed by the Budget and LO Administration Committee. (Y] REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Q Municipal Youth Services Report Alderperson Peterson reported that the committee has been meeting with representatives from Tompkins County municipalities. The next step for the city will be an informational meeting session on August 11, 1988 at 730 p.m. at the R. Cutia Building. NEW BUSINESS; Resolution of Cooperation with the County regarding Downtown Parking By Alderperson Cummings: Seconded by Alderperson Peterson RESOLVED, That projected future parking demand generated by the location of County Governmental functions in the Central Business District shall be component of any central business district parking discussions and solutions. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 12:10 a.m. Connie J. Holcomb Acting City Clerk Sean Killeen Acting Mayor