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HomeMy WebLinkAboutMN-CC-1989-03-01421 11 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. March 1, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano City Clerk - Paolangeli Planning and Development Director - Van Cort Youth Bureau Director - Cohen LO Acting Personnel Administrator - Walker I' Building Commissioner - Datz LO Fire Chief - Olmstead Police Chief - McEwen m Planning and Development Deputy Director - Mazzarella Board of Public Works Commissioner - Reeves < Preservation /Neighborhood Planner - Chatterton Tompkins County Representatives - Winch, Stein Tompkins County Administrator - Heyman PLEDGE OF ALLEGIANCE Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. Q0,V MINUTES: Postponement of Approval of Minutes of February 2, 1989_ Common Council Meeting The approval of the Minutes of the Common Council meeting of February 2, 1989 were postponed until the April 5, 1989 meeting. SPECIAL ORDER OF BUSINESS: Public Hearing An Ordinance Amendinq the Official Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Mental Health Facility) Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider an ordinance amending the Official Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the ordinance. Susan Blumenthal, Chair of the Planning and Development Board, stated that at the Board's meeting on February 28th, there was a unanimous vote to support this zoning change and the mental health facility at this location. (600" Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Lytel RESOLVED, That the Public Hearing to consider an ordinance amending the Official Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the addition of Item 16.15, Bond Resolution. No Council member objected. 422 2 Charter and Ordinance Committee Alderperson Booth requested the addition of Item 18. 7, a report on penalties for work done by the city on sidewalks. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of Item 20.3, a report on the search for a new Senior Citizens Center. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: "Coalition for Choice" Group Bridget Welsh, 1159 Taughannock Boulevard and Alix Stanton, Williams Street, spoke to Council regarding a "Coalition for Choice" rally to be held on the Cornell Campus. She stated that the rally will be held on Saturday, March 4 on the issue of reproductive choice, and it is expected that 7,000 - 10,000 people will be present and they wished to extend an invitation to the Tompkins County community to attend the rally. Homes, Inc. Homeless Proiect Amy Simrell and Brenda Wolcott of Homes, Inc. addressed Council with an update of the status of their homeless housing project on Green Street. They stated that Homes, Inc. was awarded a capital grant from the State of New York for this project for construction and renovation of a building that Homes, Inc. purchased on West Green Street in the Fall of 1987. They offered to share information on the topic of homelessness that they have gathered with Council members or to assist in any other way that they can. They hope to have more concrete time lines for the project by the middle of March. Hydropower Margaret Fabrizio, 213 King Street, representing "Citizens Against Hydropower" spoke to Council with an update on the actions that their group has been involved in. She stated that they are in the process of submitting an application to New York State Department of Environmental Conservation for designation of a section of Fall Creek under the New York State Wild and Scenic Rivers Act. They have submitted an initial proposal and it has been reviewed and suggestions have been given to the group and revisions are being worked on. She stated that Vernon Husek from the NYS Rivers Program will be coming on March 9th at 4:00 p.m., and she hopes that all Common Council members will be able to attend the presentation because he will be able to answer very specific questions about regulations. REPORT OF BOARD OF REPRESENTATIVES: Central Processing Facility Site Representative Stein reported on the central processing facility site. The committee reviewing sites met today and passed a recommendation which will, in resolution form, go to the Board of Representatives on March 6th to de- designate the Industrial Park site. He stated that the committee has had a consultant's report regarding other sites and the report has been submitted. Copies are being sent to the City showing the analysis of the alternate sites. The committee in reviewing that report has narrowed it down to two sites which they intend to discuss with representatives of the city. The two sites are the Cherry Street site and the Commercial Avenue site. They are hoping to be able to designate a new site at their meeting on March 21. Representative Stein answered questions from Council members regarding central processing sites and Representative Winch spoke on traffic patterns regarding the sites. J 423 3 Watros Report Alderperson Killeen asked Representative Stein for an update on the Watros Committee that was looking at Cornell University's and Ithaca College's contribution responsibilities to the community. Representative Stein responded that the committee has come out with a final report that has several recommendations and he referred to several points in the report. Copies of the report will be sent to the city. Taber and Brindley Street Bridge Alderperson Romanowski stated that he would be interested in knowing how the Board of Representatives came to the conclusion that that bridge is adequate for heavy truck traffic. Representative Stein responded that he shares Alderperson Romanowski's concern and he will review that and report back to Lo Council. Iq LO SRO Proposals Alderperson Peterson asked how the county sees the city's involvement in the SRO proposals. Representative Stein referred the question to County Q Administrator Scott Heyman. Mr. Heyman responded that at this time the county is starting to meet with developers and bankers to discuss the problems and concerns from that angle. Eventually it will become a construction project and then it will be a building department concern. At that time the city government will be involved. Discussion followed on the floor between Common Council and the County Representatives on the issue. REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS: Planning and Development Board Susan Blumenthal, Chair of the Planning and Development Board, read the following resolution on developer impact fees that was adopted at the Board's meeting on February 28: "WHEREAS, the Board of Planning and Development has extensively researched the issues of housing supply and housing affordability as part of the development of the Strategic Housing and Neighborhoods Plan, and finds that housing affordability is a critical and growing problem in the City of Ithaca, and WHEREAS, the Board has recommended that the City of Ithaca develop a housing trust fund that will provide a stable source of funds that could be used to augment the city's dwindling supply of affordable housing, and WHEREAS, the Board has investigated a variety of sources of funds that could be used to provide funding for the housing trust fund, and has determined that a program of developer impact fees is the most promising source of funds; now, therefore, be it (400.1 RESOLVED, That the Board of Planning and Development strongly urges the Common Council to continue its efforts to implement a developer impact fee program and that those efforts be expedited to the fullest extent possible, and be it further RESOLVED, That the Board requests that all efforts to implement a developer impact fee program be directed toward the development of a program that will provide direct funding for affordable housing, and that such a program be first implemented before any other types of developer impact fee programs are pursued. Carried Unanimously" 424 4 Rental Housing Task Force Steve Jackson, Chair of the Rental Housing Task Force, updated the Council on the Rental Housing Task Force meetings. He stated that on February 5th they met with representatives from Cornell and Ithaca College to hear their plans and thoughts on the rental housing situation and on February 23rd they met with Marty Luster to hear his assessment of what is going on in regard to the State budget as it relates to affordable housing. He stated that the news there is not nearly as bad as it is with respect to other areas of the State budget and he also discussed with the Task Force various other legislative initiatives that may be relevant to the city as we look for proposals on affordable housing. Doug Dylla also reported to the Task Force on Ithaca Neighborhood Housing Services explorations in the past of sources of funding for affordable housing and about the Mutual Housing Association proposal. A representative of the Alternative Federal Credit Union spoke to the Task Force about their new program to set up a social investment fund where they are seeking depositors who will specifically allocate their funds to allow for loans for affordable housing and child care. The next meeting of the Rental Housing Task Force will be on March 13th. Mr. Jackson commented that the Rental Housing Task Force will be urging Common Council to continue exploring developer impact fees, specifically tied to providing funding for affordable housing. He also referred to Item 16.14 on the Budget and Administration Committee agenda, the contract hiring Kathy Evans as part -time planner, and stated that one part of that task is to assist the Rental Housing Task Force and he urged the Council to pass the resolution. Board of Public Works Commissioner Reeves reported on the following items to Common Council: Letter from the Energy Commission - Ms. Reeves stated that the Board received a letter on January 16 from the Energy Commission with a proposal from NYSEG made to the City of Ithaca to replace all existing mercury vapor street lights with a high pressure sodium. She stated that the discussion with the Board on this matter is ongoing at this time. The Commons Advisory Board and the Downtown Ithaca Business Association have requested that the Commons lighting and the surrounding business district be changed back to mercury vapor lighting and because of these requests the Board will investigate other types of lighting before making a recommendation. Hudson Street Reconstruction - Hudson Street reconstruction is at this time. This project will the Whole meeting on March 15. Ms. Reeves reported that the in the preliminary design phase be reviewed at the Committee of Use of City Park Lands by Profit and Non - profit Groups - Ms. Reeves stated that Board has a request in to the City Attorney to look into the matter of use of city park lands by profit and non- profit groups. Fines Levied for Non - compliance of the Recycling Ordinance - Ms. Reeves reported that the figures for the fines levied for non- compliance of the recycling ordinance are being worked on and will be forthcoming to the Council. Discussion followed regarding lighting of the Route 13 corridor; recycling of glass materials; Hudson Street project; request for a sidewalk in front of the Oak Hill Nursing Home; the G.I.A.C. mini -pool and renovations of G.I.A.C. Ms. Reeves responded to questions from Common Council members. J 425 5 MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Gutenberger requested approval of Council for the LO appointment of Robert DiGiacinto, 415 South Geneva Street, and Iq Andrew Gillis, 213 Cascadilla Park to the Commons Advisory Board LO with terms to expire December 31, 1990. Resolution M By Alderperson Booth: Seconded by Alderperson Nichols Q RESOLVED, That this Common Council approves the appointment of Robert DiGiacinto and Andrew Gillis to the Commons Advisory Board with terms to expire December 31, 1990. Carried Unanimously Recycling Task Force Mayor Gutenberger requested the approval of Council for the appointment of Harold "Bud" Gerkin, 116 Mitchell Street, to the Recycling Task Force with an indefinite term. Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Harold "Bud" Gerkin to the Recycling Task Force with an indefinite term. Carried Unanimously CITY ATTORNEY'S REPORT: Community Police Board Alderperson Lytel asked City Attorney Nash about the Community Police Board role and function in the apparent conflict allegedly between Civil Service Law, the Police contract and the Municipal Charter. City Attorney Nash responded that there is a memo forthcoming before the Police Commissioners next meeting. ACC Cable Franchise Alderperson Nichols asked about the cable contract with ACC. He stated that when the Council passed it, there was a statement of principle that the Cable Company would have until June 1st in order to complete the cable rebuild. He asked City Attorney Nash if he interpreted that to mean that everything in the contract is delayed until June 1. City Attorney Nash responded that his understanding is that it referred to just the cable rebuild, which was basically hooking everybody up to it. Alderperson Nichols asked if that would, therefore, include the access studio and an extension of a date for that. City Attorney Nash responded that he does not think so, that he has not heard anyone claim that. Alderperson Nichols remarked that Mr. Withiam claimed that at the Cable Commission meeting. COMMUNICATIONS FROM THE MAYOR: New York State Conference of Mayors Mayor Gutenberger reported on the Annual Winter meeting of the NYS Conference of Mayors that he attended in Albany. He stated that he brought back a lot of information that he will copy and present to the Council members. There were a lot of conversations (,wool with various Commissioners of different departments, the leadership of the Assembly and the leadership of the Senate. Mayor Gutenberger answered questions from the Alderpersons regarding sales tax, land transfer tax, exaction fees (impact fees), state -wide smoking ban, neighborhood parking permit system, etc. MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Gutenberger requested approval of Council for the LO appointment of Robert DiGiacinto, 415 South Geneva Street, and Iq Andrew Gillis, 213 Cascadilla Park to the Commons Advisory Board LO with terms to expire December 31, 1990. Resolution M By Alderperson Booth: Seconded by Alderperson Nichols Q RESOLVED, That this Common Council approves the appointment of Robert DiGiacinto and Andrew Gillis to the Commons Advisory Board with terms to expire December 31, 1990. Carried Unanimously Recycling Task Force Mayor Gutenberger requested the approval of Council for the appointment of Harold "Bud" Gerkin, 116 Mitchell Street, to the Recycling Task Force with an indefinite term. Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Harold "Bud" Gerkin to the Recycling Task Force with an indefinite term. Carried Unanimously CITY ATTORNEY'S REPORT: Community Police Board Alderperson Lytel asked City Attorney Nash about the Community Police Board role and function in the apparent conflict allegedly between Civil Service Law, the Police contract and the Municipal Charter. City Attorney Nash responded that there is a memo forthcoming before the Police Commissioners next meeting. ACC Cable Franchise Alderperson Nichols asked about the cable contract with ACC. He stated that when the Council passed it, there was a statement of principle that the Cable Company would have until June 1st in order to complete the cable rebuild. He asked City Attorney Nash if he interpreted that to mean that everything in the contract is delayed until June 1. City Attorney Nash responded that his understanding is that it referred to just the cable rebuild, which was basically hooking everybody up to it. Alderperson Nichols asked if that would, therefore, include the access studio and an extension of a date for that. City Attorney Nash responded that he does not think so, that he has not heard anyone claim that. Alderperson Nichols remarked that Mr. Withiam claimed that at the Cable Commission meeting. 426 6 CHARTER AND ORDINANCE COMMITTEE: *18.1 Environmental Review Respecting Zoning Map Amendment for Parcel on Green Street on Which the County Plans to Build a Mental Health Facility - Resolution Not to Accept a Negative Declaration Prepared by the City's Planning Staff By Alderperson Booth: Seconded by Alderperson Nichols WHEREAS, the Environmental Assessment has been prepared by the City's Planning staff respecting re- zoning land along Green Street on which Tompkins County plans to build a new mental health facility, and WHEREAS, the issues surrounding parking vehicles associated with that new facility have not been resolved by the County and City, and WHEREAS, without resolution of those parking issues it is not possible to determine that this proposed re- zoning will not have a significant impact on the environment; now, therefore, be it RESOLVED, That this Common Council does not accept or adopt the proposed Negative Declaration contained in the attached document, and be it further RESOLVED, That this environmental review shall continue, pending resolution by the City and County of parking issues involving the proposed mental health facility. Alderperson Booth explained the reasons for the foregoing resolution. Alderperson Nichols emphasized the fact that the resolution before the Council is not an issue as to whether or not a mental health building should be built on the proposed site. He said that what we have is an environmental assessment of the effect of changing the zoning of that site. The present zoning as it stands would require parking to be provided, at least for a building of the size that is being discussed, for 168 cars. If we re -zone there is no parking requirement. The present situation in that area is such that the parking is very limited now and we are about to lose quite a few additional spaces, probably in the very near future. He further stated that it seems to him impossible to say that there will be no environmental impact, that you can have a negative impact without some mitigation of the parking issue. He said that as he understands it, there is discussion with the County in the Intergovernmental Committee about some mitigating measures in which the county would presumably help the city to provide a structure of some kind that would provide some parking. At this time the committee has not reported and we have no agreement on such mitigating measures. Alderperson Booth commented that the reason he supports the negative declaration is because this property is in the classification it is in because there was an oversight by Common Council when the Collegetown re- zoning was done. He explained the zoning change that was done and stated that a new district was created for the downtown area, and at that time this small triangle of land was left off the list inadvertently. It is for that reason that he feels that the conclusion is fair. We are not doing anything different in terms of the environment other than what the city zoning laws had previously provided and on that ground he feels comfortable adopting the negative declaration and going ahead with the re- zoning. We cannot act on the re- zoning until we act on the Environmental Review. Alderperson Cummings wished to reiterate that what Alderperson Booth has said is accurate; it was always the intention of the Planning and Development Committee and then of Council to make LD `q LO _- m Q 7 427 sure that we did not impose those new Collegetown requirements on the downtown neighborhood. Mayor Gutenberger stated that there was an Intergovernmental Relations Committee meeting with the county last week and they brought to the city a proposal to pay to the City of Ithaca $37,000 a year for parking needs in the downtown. Mayor Gutenberger urged Common Council to support the need for a mental health facility in the downtown area and to think of the people who will be served by this project. Further discussion followed on the floor. County Representatives Winch and Stein responded to questions from Council. Motion to Table By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That the resolution not to accept or adopt the proposed Negative Declaration be tabled. Ayes (4) - Schlather, Lytel, Nichols, Hoffman Nays (6) - Cummings, Romanowski, Johnson, Killeen, Peterson Booth Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (4) - Schlather, Lytel, Nichols, Hoffman Nays (6) - Cummings, Romanowski, Johnson, Killeen, Booth, Peterson Motion Fails Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Environmental Assessment has been prepared by the city's Planning staff respecting re- zoning land along Green Street on which Tompkins County plans to build a new mental health facility, and WHEREAS, the environmental assessment proposes the issuance of a negative declaration for this zoning amendment, and WHEREAS, environmental review was conducted for this change previously, and WHEREAS, this re- zoning is largely the result of an oversight in previous re- zoning decisions that involved downtown business areas and Collegetown business districts and will re- establish the zoning that previously applied to most of the Green Street parcel involved; now, therefore, be it RESOLVED, That Common Council does hereby accept and issue the negative declaration pursuant to the city's Environmental Quality Review Ordinance. Ayes (6) - Romanowski, Cummings, Johnson, Booth, Killeen, Peterson Nays (4) - Hoffman, Schlather, Lytel, Nichols Carried *18.2 Zoning Map Amendment for Parcel on Green Street on Which the County Plans to Build a Mental Health Facility - Resolution to Table Until Completion of Environmental Review Alderperson Booth withdrew this resolution from the agenda in light of the decision that Council just made. *18.2A Green Street Zoning Amendments By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, a proposal has been made by Tompkins County to develop a 42 0 new mental health facility in the Central Business District of the City of Ithaca, and WHEREAS, the preferred site for the proposed mental health facility is on land located at the corner of East Green and South Tioga Streets, and WHEREAS, the present zoning for the preferred site is B -2b, which has regulations which limit the maximum height of buildings to six stories and sixty feet, and WHEREAS, the design of the proposed mental health building exceeds the sixty foot height limitation, and WHEREAS, the Common Council is desirous of encouraging the development of the proposed mental health facility; now, therefore, be it RESOLVED, That the proposed amendments to the Official Zoning Map contained in Ordinance No. 89 - are hereby approved. ORDINANCE NO. 89 - AN ORDINANCE AMENDING THE OFFICIAL 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 THE 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 the following described area presently located in the B -2b, Business District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel number 70 -8 -11, thence easterly and southeasterly along the northern boundary of tax parcel 70 -8 -11 a distance of approximately 150 feet to the northeast corner of tax parcel number 70 -8 -11, thence southeasterly along the eastern boundary of tax parcel number 70 -8 -11 a distance of approx- imately 41 feet to the southeast corner of tax parcel number 70 -8 -11, thence southwesterly along the southern boundaries of tax parcel numbers 70 -8 -11 and 70 -8 -13 a distance of approximately 179 feet to the southwest corner of tax parcel number 70 -8 -13, thence northerly along the western boundaries of tax parcel numbers 70 -8 -13, 70 -8 -12 and 70 -8- 11 a distance of approximately 137 feet to the point of beginning. This area includes all of tax parcel numbers 70- 8-11, 70 -8 -12 and 70 -8 -13. 2. That the "Official Zoning Map of the City of Ithaca, New York" as last amended, is hereby amended and changed so that the following described area presently located in the P -1, Public and Institutional District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel number 81 -3 -2, thence easterly along the northern boundary of tax parcel number 81 -3 -2 a distance of 39 feet to a point on the northern boundary of tax parcel number 81 -3 -2, thence northeasterly a distance of 30 feet to a point on the western boundary of tax parcel number 70 -8 -13 that is 16 feet north of the intersection of the northern boundary of J D 429 9 tax parcel number 81 -3 -2 and the western boundary of tax parcel number 70 -8 -13, thence southerly along the western boundary of tax parcel number 70 -8 -13 a distance of approximately 56 feet to the southwest corner of tax parcel number 70 -8 -13, thence southwesterly along the northern boundary of the rim of Six Mile Creek a distance of approx- imately 75 feet to the southwest corner of tax parcel number (60ve 81 -3 -2, thence northerly along the western boundary of tax parcel number 81 -3 -2 a distance of approximately 91 feet to the point of beginning. This area includes a portion of the right -of -way of South Tioga Street. 3. That the "Official Zoning Map of the City of Ithaca, New York" is hereby amended and changed so that the following described area presently located in the B -2b, Business District, is reclassified and changed to the P -1, Public and Institutional LO District: Iq All that tract of parcel of land described as follows: LO Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary M of tax parcel number 70 -8 -11 a distance of approximately 41 Q feet to the northeast corner of tax parcel number 70 -8 -11, thence northwesterly along the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 30 feet to a point approximately 120 feet east of the northwest corner of tax parcel number 70 -8 -11, thence easterly along a line that is the easterly continuation of the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 160 feet until it intersects the rim of Six Mile Creek, thence southeasterly along the rim of Six Mile Creek for a distance of approximately 135 to the point of beginning. This area includes a portion of the right -of -way of East Green Street. 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. Ayes (8) - Romanowski, Lytel, Cummings, Johnson, Booth, Killeen, Peterson, Hoffman Nays (2) - Nichols, Schlather Carried PLANNING AND DEVELOPMENT COMMITTEE: *17.8 Strand Theatre Protection By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, last week the City's Building Department issued a permit for the demolition of #306 -308 East State Street, which is adjacent to the Strand Theater, and WHEREAS, unless suitable precautions are taken, the demolition is likely to adversely affect the stability of the Strand Theater, and WHEREAS, the Strand Theater is listed on the State and National Registers of Historic Places and is designated a local landmark, subject to protection under the terms of the Ithaca Landmarks Preservation Ordinance, and WHEREAS, the City has a substantial interest in the Strand Theater, and WHEREAS, the proximity of the projected demolition work to the Strand Theatre suggests a need for caution in order to protect the landmark; now, therefore, be it 430 10 RESOLVED, that upon the recommendation of the Planning and Development Committee, the Common Council recommends that precautionary measures be implemented to ensure to the greatest extent practicable that the Strand Theater is not damaged by the demolition of the neighboring structure. Alderperson Cummings commented on the resolution, and referred to a letter from Attorney Peter D. Walsh representing RHP Properties, Inc. Discussion followed regarding the bridge that is part of the landmark of the Strand Theatre and the city's liability in this matter. Alderperson Schlather stated that he is concerned that the city may possibly be waiving some of its rights as an interested party in this structure if this resolution is passed. He recommended that the Council not act on this at all, that we just let the principles of law operate as they will. Building Commissioner Datz stated to Council that the Building Department has another concern and that is that they want that building down. He stated that he has issued the permit for the building to be demolished and he has also written a letter to the owners to assure the city that they would take every precaution to protect that bridge amongst many other things, such as access to the alleyway while the building is coming down, pedestrian and motor traffic on State Street for the Fire Department, the timing of the project, etc. Further discussion followed on the floor. Alderperson Schlather suggested that Alderperson Cummmings withdraw the resolution and the Council would agree on the record that the city is not waiving any rights without prejudice, that we intend the general principles of law operate under the circumstances. Alderperson Cummings withdrew the resolution in accord with the aforestated understanding. Recess Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:25 p.m. CHARTER AND ORDINANCE COMMITTEE: *18.6 Amendment to Smoking Ordinance By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, in order to protect the public health and safety the City of Ithaca has adopted an ordinance regulating smoking in public place and work places, and WHEREAS, since the adoption of that ordinance Common Council has discussed at length various possible amendments to that ordinance, particularly as it applies to food service establishments; now, therefore, be it _J RESOLVED, That Chapter 67 of the City of Ithaca Municipal Code, entitled "Regulation of Smoking ", is hereby amended as follows: Section 1. Section 67.3(A) of said ordinance is amended to read as follows: "A. "Bar" means a place devoted to the serving of alcoholic beverages for on -site consumption by patrons and where the service of food is only incidental to the 431 11 consumption of such beverages. "Bar" includes, but is not limited to, the bar area of a private club, but does not include other areas of such a club. For the ur oses of this definition the "incidental" service of food shall mean that 60 percent or more of the gross annual sales for any such establishment involve the sale of alcoholic beverages and that 40 percent or less of the gross annual sales for any such establishment involve the sale of food and other non - alcoholic products as such sales are recorded in accord with applicable standards governing the maintenance of business records." Section 2. Section 67.5(C) of said ordinance is amended by adding the following language to said subdivision: Lr) "Notwithstanding the language of the preceding paragraph of this subdivision, smoking may be permitted in a food service establishment that has a seating capacity of 50 or fewer persons LD as certified annually by the owner of such establishment to the City Attorney, provided such establishment complies with the M following requirements and complies otherwise with the provisions of this ordinance: (1) The owner, operator, manager, sponsor, or person in charge of such facility provides a non- smoking area or areas in such establishment sufficient to meet customer demand, which non - smoking area or areas shall in any event include not less than thirty percent of the seats in such establishment; and (2) The owner, operator, manager, sponsor, or person in charge of such facility provides, operates, and maintains in proper working order a ventilation system or electronic air cleansing system with odor removing filters that removes at least 50% of the smoke and associated gases from that place on a continuing basis and provides 4 -5 changes of air in that place per hour. Section 3. The effective date of the penalties and enforcement provisions of this ordinance, as specified in Section 2 of the ordinance adopting Chapter 67, are hereby amended to provide that such provisions shall be effective as of April 15, 1989, except for food service establishments which shall be governed by said penalties and enforcement provisions as of June 15, 1989. Section 4. This ordinance shall take effect immediately following publication of a notice as provided by Section 3.11 (B) of the Ithaca City Charter. * *note: UNDERLINE IS NEW LANGUAGE. Alderperson Booth explained that the proposed amendments are four in number and two of them are amendments to the term 'Bar'; one to make clear that that term includes a Bar in a private club, but does not include the other portions of a private club and that the term 'incidental service of food', means a facility in which 60% or more of the gross annual sales of that facility are for alcohol. The second amendment provides a partial exemption for small restaurants imposing some requirements but less strict requirements than apply to other food service establishments, and the fourth amendment would amend the enforcement date of the ordinance vis -a -vis food service establishments from April 15th to June 15, 1989. Alderperson Booth stated that he will propose, after the discussion on this ordinance, that the first three of the amendments be tabled and that only the time extension be approved 432 12 at this Council meeting. He thinks that there is more deliberation needed on the first three amendments before they are acted on. Discussion followed on the floor. Mayor Gutenberger commented that he thinks there is a very serious misconception on the part of the public on the smoking ordinance itself. He stated that it is his opinion, in discussing with some of the private clubs and organizations in the city, that they are completely unaware that this smoking ordinance applies to private clubs and organizations and their facilities. He said that the impression that the clubs have is that the city smoking ordinance applies to public buildings. He requested that when the amendments go back to committee for review that the various clubs and organizations be notified that in fact this does apply to them and that they be given the opportunity to respond. Further discussion followed on the floor on the extension of the enforcement date. Tabling Resolution On Sections 1 & 2 By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Sections 1 and 2 (Section 67.3(A) and Section 67.5 (C)) of the ordinance be tabled. Carried Unanimously Resolution to Adopt Sections 3 & 4 By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Section 3 (effective date of enforcement of the ordinance for food service establishments to June 15, 1989) and Section 4, be adopted by this Common Council. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.4 Cass Park Skatina Rink Environmental Review By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the matter of the development of an ice rink /recreation center at Cass Park is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and may be a type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B) (5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED! That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions relating only to the sighting of the rink referred to as "Options A and B" as set forth on the Long Environmental Assessment Form dated February 21, 1989, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed development of the rink described under Options A and B (page 33), will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the Iq LO m Q L 43:3 13 attachment, in the City Clerk's office and forward the same to any other parties as required by law. Alderperson Peterson stated that in her reading of the LEAF, she was concerned about the use of fly ash for fill at the proposed site. She said that she called the coordinator of the Environmental Management Council and he called the Department of Environmental Conservation and the Solid Waste Division of the DEC in regard to the use of fly ash and he told her in fairly strong language, that it is definitely a no -go on fly ash, that it is a definite heavy metal contamination product and this would not be a proper use of this material. Barbara Blanchard, Planning Consultant for the Youth Hockey Group, responded to Alderperson Peterson's concerns. She remarked that she spoke with the Chief Technical Advisor to the United States Environmental Protection Agency on the use of fly ash in construction projects. Essentially what she was told was that fly ash can have some low levels of heavy metal in it and that before it is used, the material should be tested for chemical totals and leaching potential by the TCLP method. It was also indicated to her that there should be some soil testing done especially near the old rink because fly ash was fill material that was used for the original Cass Park rink. Ms. Blanchard further remarked that the Community Recreation Center has no intention of using any dangerous material in the construction of the facility and tests would be performed on these materials on a load by load basis as the material is delivered. Andy Sciarabba and David Taube made comments to the Council on the matter of the use of fly ash as a fill material and answered questions from Council members. Further discussion followed on the proposed re- location of the tennis courts, the length of time for construction of the rink, Empire State Games schedule, and concerns raised by the Conservation Advisory Council. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the following be added to the end of the second Resolved: "provided that mitigating measures set forth in the LEAF and related submissions are included in the final project with the following additional conditions: 1. Fly ash will not be used for fill. 2. There will be provision for coordination of building construction with the Summer Programs at Cass Park and the conduct of the Empire State Games so as to minimize conflict of construction. 3. There will be submission of cost estimates for exterior fabrics other than metal. 4. Vegetation used for screening will be mature vegetation. 5. There will be provision for timely removal and replace- ment of existing tennis courts without significant interruption of court availabilities. 6. That the project be referred to the Design Review Board for their comment. Discussion followed on the floor regarding the amendment and Mr. Taube answered questions from Council members. Alderperson Booth stated that his sense is that at a minimum the LEAF needs to be re -done and go back in front of the Conservation Advisory Council. He said that in looking at the whole scope of the project, he has real serious concerns about the spacial aspect of the project. He does not think a negative declaration should be issued, that they should do an environmental impact statement, largely on aesthetic grounds. 434 14 Mr. Sciarabba commented that they having been trying to do this as a community project with donations and if this project is not in construction by June most likely the project will be dead. A decision has to be made now as to whether or not the city wants this building. Further discussion followed on the floor on the matter of using fly ash as a fill for this project site. A vote on the amending resolution resulted as follows: Ayes (9) - Schlather, Booth, Nichols, Johnson, Cummings, Peterson, Romanowski, Hoffman, Killeen Nay (1) - Lytel Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Schlather, Lytel, Cummings, Hoffman, Nichols, Peterson, Killeen, Romanowski Nays (2) - Johnson, Booth Carried HUMAN SERVICES COMMITTEE: Southside Center Temporary Shelter - Report Alderperson Peterson reported that the Human Services Committee was given an update on statistics from the Southside Center on Temporary Shelter for homeless persons. She stated that the shelter is housing approximately 6 - 10 persons a night, depending on the emergency situation. The committee was notified that there are a number of grants in New York State that are available for a homeless shelter, and the applications are being looked at by Southside. Alderperson Peterson reported that the committee urged the Southside Board to try to come to some kind of decision this month about the use of Southside Center as a shelter in the future. There will be a meeting of the Southside Board on March 16th. She also informed Council that if the Southside building is officially designated as a homeless shelter this building will need some changes made to it. *15.2 Homelessness By Alderperson Peterson: Seconded by Alderperson Schlather WHEREAS, Southside Community Center has demonstrated an outstanding record in caring for the homeless and has noted a dramatic increase in the use of the facility, and WHEREAS, the Southside Center is a temporary shelter and the Center Board may or may not wish to make this a permanent program; now, therefore, be it RESOLVED, That the City of Ithaca shall examine a variety of means to alleviate the homelessness problem, specifically in provision of a facility, and that the Human Services Committee be delegated the authority to create a subcommittee to work on this issue. The subcommittee will include two (2) members of Common Council, two (2) individuals representing the Southside Center operation, City Building and Planning staff, and a representative from the Department of Social Services (if able to serve). Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 435 3 - /-y"? 15 *15.3 Criteria for Funding Agencies Other Than Human Services By Alderperson Peterson: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca has in the past appropriated funds to private agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That a review committee consisting of three Common Council members appointed by the Mayor and assisted by the staff of the Planning Department and Finance Department, be established to review all private 1990 requests for non - mandated city funding that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirement and criteria shall be applied to all such requests: LO Requirements co 1. All applications for 1990 funding must be submitted in Q writing to the City Controller by May 29, 1989. 2. An application may be reviewed either through the Human Services coalition review for human services proposals or through the process described here for other proposals; but not both. 3. Each application must include a statement that explains how the activity proposed for city funding will benefit the social, cultural, economic and /or environmental well -being of city residents, in terms as specific as possible: what groups will be served; how many people will be benefited; what will be the duration of the benefit. 4. If more than 5% of those served by the proposed activity are not city residents, the applicant must also request funding from the county and /or appropriate towns. 5. Each application must include: budgets for 1989 and 1990; financial reports from 1987 and 1988; enumeration of other funding sources. Criteria The review committee shall award points for the degree to which the proposed use of city funds meets each of the following criteria. If the applicant does not supply sufficient information for the committee to make a judgment, the proposal shall receive zero points in each such case. 1. The proposed activity will benefit the social, cultural, economic and /or environmental well -being of residents of the City of Ithaca. 1 - 10 points 2. The proposal will serve city residents in proportion to city funding requested compared to the total program budget. 1 - 5 points 3. The proposal will serve an identified need and does not duplicate another service, with higher points allocated in proportion to the extent of the need in the city. 1 - 5 points 4. The proposal is designed to effectively meet the needs of those to be benefited; and the proposal includes measurable 4116 16 objectives. 1 - 5 points 5. The applicant demonstrates sound management practices. 1 - 5 points 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the handicapped. 1 - 5 points 7. The proposal will produce a long -term benefit (e.g., one that is physically permanent). 1 - 5 points 8. The funding requested of the county shall be at least twice as great as the city request, and be it further RESOLVED, That the review committee shall, by August 15, 1989 recommend to the Human Services Committee of Common Council whether each request should be funded, in part or in full, and shall inform the applicants of its recommendations, and be it further RESOLVED, That the Human Services Committee shall make its own recommendations to the Mayor for consideration in the 1990 budget by September 1, 1989. Carried Unanimously Community Police Board - Report Alderperson Peterson reported that the Police Board representatives came to the Human Service Committee meeting and there was discussion about the authority of the Charter and its compatibility with State Law. This question was referred to City Attorney Nash for review and report back to the committee. There was also discussion regarding civilian control of police operations, the police contract and how that refers to the Charter and Police Board operation, the citizen grievance procedure and record keeping and what rules the city has governing the record keeping for grievance procedures. Police Chief McEwen remarked to Council that he is concerned because he has never been given an opportunity to really begin to discuss with the Council or the Police Board any of the issues that are being discussed and that he has read about in the newspaper. Chief McEwen stated that he thinks the citizen grievance procedures are lacking and he has a number of ideas that ought to be considered and he would hope that the committee would ask for his input. Mayor Gutenberger remarked that the legal questions are being worked on and there should be something forthcoming soon. BUDGET AND ADMINISTRATION COMMITTEE: *16.1 Civil Service Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the city for services in connection with Civil Service matters, for the period July 1, 1989 to June 30, 1990, in an amount of $15,990.90, payable to the City of Ithaca on or before November 1, 1989. Carried Unanimously *16.2 1989 Tax Roll Correction By Alderperson Schlather: Seconded by Alderperson Hoffman T r 17 WHEREAS, the 1989 Tax Roll for the City of Ithaca included property known as Tax Map Number 60 -3 -14, owned by Mary Crane Rossiter, and WHEREAS, pursuant to Section 554 (sub.4a) of the Real Property Tax Law, the Director of Assessment has investigated an application for the correction of an error in essential fact filed by Mary Crane Rossiter, and WHEREAS, said investigation revealed that a Veterans Exemption in the amount of $15,500 was omitted on the first installment, and WHEREAS, the Director of Assessment has requested that the city refund $139.89, that being the overpayment on the first install- ment, and to change the second installment to reflect the exemption amount; now, therefore, be it RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes to the Tax Roll and to refund $139.89 to Mary Crane Rossiter as requested by the Director of Assessment. Carried Unanimously * 16.3 Audit By Alderperson Schlather: Seconded RESOLVED, That the bills presented, #4/1989, in the total amount of payment. 437 .? 9 by Alderperson Hoffman as listed on Audit Abstract $23,090.05, be approved for Carried Unanimously * 16.4 Extension of Tax Warrant By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1989 State and County Taxes until June 1, 1989. Carried Unanimously * 16.5 Golf Course Irrigation System_ By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the irrigation system at the Newman Municipal Golf Course needs to be replaced due to its age and extremely poor condition, as recommended by the Board of Public Works, and WHEREAS, the Superintendent has been authorized to hire the S.V. Moffett Co., Inc., to design a new system that would provide more irrigation to the entire Course, at a cost not to exceed $1,500; now, therefore, be it RESOLVED, That this Common Council approves an amount not to exceed $1,500, as requested by the Board of Public Works, be provided from Capital Reserve #25 - Capital Improvements, for design of the new system. Carried Unanimously *16.6 Fire Department Vehicles By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, this Common Council on May 4, 1988, authorized the Board of Fire Commissioners to seek bids for the following vehicles: 1 - 1500 GPM Pumper to replace 1971 Engine 905 1 - 1500 GPM Pumper to replace 1968 Engine 906 and WHEREAS, the Board of Fire Commissioners has received bids for furnishing the above mentioned vehicles, and WHEREAS, the Board of Fire Commissioners has reviewed the bids for compliance with specifications and recommends the acceptance of the bids from Saulsbury Fire Equipment Corporation in the total amount of $518,290; now, therefore, be it RESOLVED, That Saulsbury Fire Equipment Corporation be awarded the contract for furnishing 2 - 1500 GPM Pumpers for its bid of $518,290 and be it further RESOLVED, That funding be provided as follows: From Capital Reserve #15 - Fire Engines $ 25,915 From Bond Anticipation Notes $492,375 Carried Unanimously * 16.7 Center Ithaca Box Office By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That $2,500 previously allocated to the Tompkins County Arts Council in the 1989 Budget be released jointly to the Cayuga Chamber Orchestra and the Ithaca Opera Association for maintenance of the Box Office in Center Ithaca subject to the following: 1. The Box Office becomes self sustaining within the year, from sale of tickets and advertising. 2. That transfer of funds is acceptable to the Tompkins County Arts Council or its successor. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Romanowski, Killeen, Booth, Nichols, Johnson, Peterson, Cummings, Lytel Nay (1) - Hoffman Carried * 16.8 Youth Bureau Staff Development By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That an amount not to exceed $1,500 be transferred from Account A1990, Unrestricted Contingency to the Youth Bureau Account A7310 -440, Staff Development as requested by the Youth Bureau Director. Ayes (9) - Romanowski, Killeen, Lytel, Cummings, Peterson, Nichols, Johnson, Hoffman, Booth Nay (1) - Schlather Carried * 16.9 Youth Development Program Funds By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That $10,000 be transferred from Account A1990, Restricted Contingency to the Youth Bureau Account A7310 -120, Hourly P/T and Seasonal, to expand the Youth Development service area to include the Towns of Caroline, Danby, Enfield and the Ithaca School District as per agreement, for the period January 1, 1989 to June 30, 1989, (Enfield: $5,000, Danby: $5,000, Caroline: $5,000, Ithaca School District: $10,000), and be it further RESOLVED, That an additional $5,000 will be transferred from Account A1990, Restricted Contingency to the Youth Bureau Account A7310 -120, Hourly P/T and Seasonal when an agreement has been reached, with the above governmental entities, for the period July 1, 1989 to December 31, 1989, (Enfield: $3,333.33, Caroline: $3,333.33, Danby: $3,333.33, Ithaca School District: $15,000), and be it further 19, 19 439 19 RESOLVED, That the Youth Bureau be directed to increase recreation rates for the 1989 summer programs and beyond. Discussion followed on the floor. Alderperson Booth asked that the record reflect that this accurately encapsulates the discussion with the communities that the Intergovernmental Committee had. Mayor Gutenberger and Alderperson Schlather replied that that is correct. Alderperson Booth further stated that Council should know that the members of the committee that were there expressed a willingness that this be the arrangement for this temporary period of time but is not necessarily the proper arrangement for a longer period of time because city taxpayers contribute a substantial amount of money to the city school district and to some degree that is their money that is paying for this. That (O was part of the discussion and there is no precedent here. Mayor Gutenberger stated that this is to get us through this M year. Hopefully the discussions that are taking place between Q the city, the county, school district, and everyone else will produce something more for next year. A vote on the resolution resulted as follows: Carried Unanimously * 16.10 Police Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the 1989 Authorized Personnel Roster of the Police Department be amended as follows: Add: One Police Lieutenant Position - 40 Hours Add: Two Typist Positions - 40 Hours and be it further RESOLVED, That the 1989 salary for the Police Lieutenant be established at $35,376, and be it further RESOLVED, That the Typist positions be placed at Grade 7 on the 1989 C.S.E.A. - Administrative Unit Compensation Plan with a salary range of $12,591 - $15,933. Carried Unanimously *16.11 Building Inspector III By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That Michael Niechwiadowicz be provisionally appointed to the position of Building Inspector III at a salary of $22,378, that being Step 3 of the C.S.E.A. - Administrative Unit Compensation Plan, effective March 6, 1989. Carried Unanimously (40001, * 16.12 Industrial Park Engineering Services By Alderperson Schlather: Seconded by Alderperson Booth 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 $13,750, and be it further RESOLVED, That funding for this service be provided from Capital Reserve #25 - Capital Improvements. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 16.13 Planning Department Authorized Equipment By Alderperson Schlather: Seconded by Alderperson Cummings 440 20 RESOLVED, That the 1989 Authorized Equipment list for the Planning Department be amended to include the purchase of the following: 1 - 40 MEG Hard Drive Unit - $490 1 - 40 MEG Tape Drive Unit $575 and be it further RESOLVED, That an amount not to exceed $1,065 be transferred within the Planning Department from Account A8020 -425, Office Expense, to A8020 -210, Office Equipment. Carried Unanimously * 16.14 Planning Department Contract By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the City of Ithaca enter into a contract with Katherine Evans in the amount of $16,859 (137 days at $17.50 per hour) for services related to the development and implementation of the Emergency Planning Priorities identified by Common Council in August 1988, and be it further RESOLVED, That an amount not to exceed $16,859 be transferred from Account A1990, Restricted Contingency to Planning Department Account A8020 -435, Contractual Services. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Nichols, Killeen, Booth, Cummings, Lytel, Peterson, Hoffman, Johnson Nays (2) - Schlather, Romanowski Carried *16.15 Bond Resolution By Alderperson Schlather: Seconded by Alderperson Killeen A BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $45,600 SERIAL BOND AND THE APPROPRIATION AND EXPENDITURE OF $2,400 CURRENT FUNDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF COMPUTER EQUIPMENT FOR SAID CITY. RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of computer equipment for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $451600 serial bonds pursuant to the provisions of the Local Finance Law, and there are hereby authorized to be expended $2,400 current funds of said City, which current funds are hereby appropriated therefor. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $48,000, and that the plan for financing thereof shall consist of the issuance of the $45,600 serial bonds of said City authorized to be issued pursuant to this bond resolution and by the expenditure of the $2,400 current funds of said City authorized to be expended therefor pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid purchase of computer equipment is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, J 441 21 2) The provisions of law which should be complied with at the date of publication of this resolution are not sub- stantially complied with,and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Romanowski - Aye Hoffman - Aye Peterson - Aye Lytel - Aye Killeen - Aye Booth - Aye Johnson - Aye Nichols - Aye Schlather - Aye Schlather- Aye Ayes (10) Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Citv Use of Recycled Materials By Alderperson Cummings: Seconded by Alderperson Johnson (400, WHEREAS,New York State's solid waste crisis will not be resolved without the commitment of all its citizens in the coming years; and WHEREAS,recycling is an important component of solid waste management that will help solve our solid waste crisis; and WHEREAS, recycling has numerous positive environmental benefits, including reduction of wastes to be landfilled, reduced air and water pollution, and saved resources; and WHEREAS,the City of Ithaca, with its curbside and office paper Tompkins County, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. (wool, Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of the In Local Finance Law. Iq l� Section 6. The validity of such bonds and bond anticipation notes may be contested only if: m 1) Such obligations are authorized for an object or Q purpose for which said City in not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not sub- stantially complied with,and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Romanowski - Aye Hoffman - Aye Peterson - Aye Lytel - Aye Killeen - Aye Booth - Aye Johnson - Aye Nichols - Aye Schlather - Aye Schlather- Aye Ayes (10) Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Citv Use of Recycled Materials By Alderperson Cummings: Seconded by Alderperson Johnson (400, WHEREAS,New York State's solid waste crisis will not be resolved without the commitment of all its citizens in the coming years; and WHEREAS,recycling is an important component of solid waste management that will help solve our solid waste crisis; and WHEREAS, recycling has numerous positive environmental benefits, including reduction of wastes to be landfilled, reduced air and water pollution, and saved resources; and WHEREAS,the City of Ithaca, with its curbside and office paper 442 22 recycling programs is providing recyclable materials for reuse in industry, materials that otherwise would have been disposed of in the county landfill; recognizing that putting recyclables at the curb is fulfilling only part of the recycling equation, it is incumbent upon governments, their agencies, schools and businesses, as well as individual citizens, to close the recycling loop by buying recycled materials; and WHEREAS,the City of Ithaca could help recycling industries by purchasing recycled goods for its day -to -day activities, particularly recycled paper for correspondence, photocopying, offset printing and computer print -outs; now, therefore, be it RESOLVED that Common Council does hereby direct the City's purchasing agent to research the possibility of purchasing recycled paper that would meet the City's specifications, and to explore the possibility of purchasing cooperatively with other groups or agencies, such as school districts, county governments or local colleges and universities, to take advantage of price breaks for large purchases of recycled paper; and to report back to Common Council, through the Planning and Development Committee, with the results of such an investigation. Carried Unanimously *17.2 City /County Cooperation on Large Project Review By Alderperson'Cummings: Seconded by Alderperson Booth WHEREAS, the provision of Sections 239 -1, -m, and -n of the General Municipal Law provide for review and comment by the County Commissioner of Planning of certain zoning and subdivision actions of municipalities in Tompkins County as an aid in coordinating such zoning and subdivision actions among municipalities by bringing pertinent inter - community and county- wide consideration to the attention of municipal agencies, and WHEREAS, the provisions of Sections 239 -1, -m, and -n are by law applicable to zoning and subdivision actions only if they are within 500 feet of a State or County facility or the boundary of another municipality, and WHEREAS, the above restrictions limit the usefulness of County- wide review and comment, particularly as to the implications of traffic increases resulting from local actions; now, therefore, be it RESOLVED, that the City of Ithaca does hereby agree in principle to submission to the County Commissioner of Planning for review and comment those zoning and subdivision actions which exceed certain size or have potential community impacts, especially in the area of traffic generation, and be it further RESOLVED, that the 500 foot rule as set forth in General Municipal Law, Section 239 will no longer apply, and be it further RESOLVED, that the actions covered by such County review and Comment shall include: 1. major residential developments: subdivisions resulting in five or more lots, and multi - family projects of equivalent size; 2. major discretionary zoning actions: special permits, site - plan reviews, and variances involving five or more dwelling units, or involving commercial or other nonresidential developments which may generate twenty or more vehicle trips per day, and 3. zoning map and text amendments, and be it further J 443 3 _ �, 23 RESOLVED, That the general procedures outlined in Section 239 -1, -m, and -n should be used for review purposes, and be it further RESOLVED, That the City will submit to the County Commissioner of Planning a monthly report listing all construction and occupancy permits issued by the City during the month for new buildings or (6001, rehabilitation of a size yet to be determined, that such report shall identify the nature of the land use involved (housing, office, commercial, industrial, etc.) and the tax map number of the site, and be it further RESOLVED, that this agreement in principle is hereby referred to the Director of Planning and Development, the Building Commissioner, and the City Clerk for investigation of the means by which the above reports can be made in a timely manner 1-0 allowing County comment without undue delays to processing of applications, and be it further LDLD RESOLVED that the above City officials shall report back to Common Council regarding this proposal as soon as possible. m Discussion followed on the floor with Planning and Development Director Van Cort. Motion to Refer to Committee By Alderperson Schlather: Seconded by Cummings RESOLVED, That this matter be referred to the Charter and Ordinance Committee for review with prior input from Planning and Development staff, the City Clerk, the City Attorney and Building Department staff. Carried Unanimously *17.3 Planting Guidelines By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the proposed planting guidelines developed by the Shade Tree Committee be referred to the Charter and Ordinance Committee. Carried Unanimously * 17.5 Zoning Amendment - East Hill - Call for Public Hearing By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending the Official Zoning Map 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 at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, April 5, 1989 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 Board of Planning and Development Planning Board a true and exact copy for its report thereon. transmit forthwith to the and the Tompkins County of the proposed ordinance Carried Unanimously IAA 24 ORDINANCE NO. 89 - AN ORDINANCE AMENDING THE OFFICIAL 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 THE 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 the following described area presently located in the R -3b; Residence District, is reclassified and changed to the R -2b, Residence District: All that tract or parcel of land described as follows: Beginning at a point on the southwest corner of tax parcel number 66 -3 -25, thence northerly a distance of approximately one hundred feet along the eastern boundary of the right -of -way of Cornell Street to a point on the northwest corner of tax parcel number 66 -3 -25, thence easterly a distance of approximately seven hundred ninety eight feet along a line that is parallel to and one hundred feet north of the northern boundary of the right -of- way of Miller Street between Cornell Street and Pearl Street to the intersection of the eastern boundary of the corporate limits of the City of Ithaca, thence southerly a distance of approximately one hundred thirteen feet along the eastern boundary of the corporate limits of the City of Ithaca to a point on the southeast corner of tax parcel number 66 -3 -10.1, thence westerly a distance of approximately 174.8 feet along the northern boundary of the right -of -way of Miller Street to a point that is approximately 174.8 feet west of the southeast corner of tax parcel number 66 -3 -10.1, thence northerly a distance of approximately thirteen feet to a point at the intersection of the northern boundary of the right -of -way of Miller Street, thence westerly a distance of approximately six hundred twenty four feet along the northern boundary of the right -of -way of Miller Street to the point of beginning. Said described area includes all of tax parcel numbers 66 -3 -16, 66 -3 -18, 66 -3 -20, 66 -3 -22 and 66 -3 -25 and portions of tax parcel number 66 -3 -1, 66 -3 -9, 66 -3 -10.1 and 66 -3 -10.2. 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. Impact Fees - Report Alderperson Cummings reported that the Planning and Development Committee would like to have a sub - committee established for the impact fees issue with members from the Charter and Ordinance Committee and others for input. * 17.7 Planning Department 1989 Work Program By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca Administrative Code requires that both the Common Council and the Board of Planning and Development approve an annual work program for the Department of Planning and Development, and WHEREAS, the Board of Planning and Development has previously reviewed and approved the Department's 1989 Work Program; now, therefore, be it 19, 445 25 RESOLVED, That the Common Council does hereby approve the 1989 Work Program for the Department of Planning and Development, with the stipulation that the contractual services noted are subject to the same flexibility and direction from Council as are the regular employees of the Planning Department. Alderperson Peterson spoke of her concern that there were no work program items for SRO assistance and homelessness issues. She indicated that there may be a need for some planning time for these issues. Discussion followed on the floor with Planning and Development Director Van Cort who indicated if a need arises regarding these issues, that can be worked out at the proper time. Alderperson Nichols stated for the record that he thinks there Ln should be a lot more time spent on the rental housing question ';Z1 rather than on some of the other activities listed on the work LO program. He further stated that he is not sure spending time on Z developer impact fees makes much sense unless the city is M committed to spending what we know will be the legal fees required to go ahead with this project. Alderperson Schlather agreed with Alderperson Nichols, especially in light of the fact that it appears our Assemblyman is going to make an effort to get legislation which would then cut through the need for all of this very esoteric planning that would otherwise have to be done to try to avoid what the law is. He said that he thinks the city would be far better advised to spend the time lobbying the Assembly to get straight forward (4mory legislation that allows developer impact fees. Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Community Development Application Schedule - Report Alderperson Cummings reported on the Community Development Application schedule. She stated that the Floral Avenue land transfer is part of the Community Development Application process and the Urban Renewal Agency has completed the LEAF and it has been mailed to Council members. CHARTER AND ORDINANCE COMMITTEE: Provision of City Services to Residential Subdivisions - Report Alderperson Booth reported that the Planning Board has recommended that the city amend the City Code in regard to city provision of certain services to residential subdivisions. The Charter and Ordinance Committee has received a draft resolution from the Planning Department and they have gone over it and recommended many amendments. Deputy Planning and Development Director Mazzarella is re- drafting that and it should be acted on by the Charter and Ordinance Committee at their March meeting and they will bring it to the Council in April. * 18 .4 Maintenance of City Records as Required by the New York State Arts and Cultural Affairs Law By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, by the Common Council of the City of Ithaca that Records Retention and Disposition Schedule MU -1, issued pursuant to Article 57 -A of the Arts & Cultural Affairs Law, (dated 1988 and issued by the University of the State of New York, the State Education Department) containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein, and be it further 446 26 RESOLVED, That in accordance with Article 57 -A: (a) only those records will be disposed of that are described in Records Retention and Disposition Schedule MU -1 after they have met the minimum retention period prescribed therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established time periods. Alderperson Booth gave background information on the resolution. A vote on the resolution resulted as follows: Carried Unanimously * 18.5 An Ordinance Amending Chapter 30 of the City of Ithaca Municipal Code Entitled 'Zoning', Section 30.49 Subdivision C (Expansion of Non- conforming Uses) - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending Chapter 30 of the City of Ithaca Municipal Code Entitled 'Zoning', Section 30.49 Subdivision C" 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 at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, April 5, 1989 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 the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously ORDINANCE NO. 89 - AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED 'ZONING', SECTION 30.49 SUBDIVISION C THEREOF. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 30.49 (c) of the City of Ithaca Municipal Code is hereby amended to read as follows: C. Extension or enlargement of non - conforming uses or structures. A non - conforming use may not be extended or enlarged to other structures, nor may a non - conforming use be extended or enlarged to other portions of structures not devoted to such use or to other land, nor may a non - conforming structure be extended or enlarged, except by means of a variance granted by the Board of Appeals. In all districts any legal non - conforming use or structure existing at the time of enactment of this Chapter as amended, or 447 3-j_- �-9 27 subsequently constructed in compliance with a variance, shall not be extended or enlarged except in compliance with the regulations of this Chapter as amended for each particular district. Section 2. 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. Sidewalk Repairs Provision in City Charter - Report Alderperson Booth reported that there is a provision in the City Charter which provides that when the city does sidewalk repairs for an owner, the city is allowed to assess that owner the cost of the repairs plus ten percent of those costs. He stated that some time ago the Board of Public Works, for a period of time, used a figure of twenty -five percent and they were advised by the City Attorney that that should not be done until the Charter was LD amended. The Charter and Ordinance Committee has voted on a Iq Local Law that would make the amendment from 10% to 25% and the LO City Attorney will lay that Local Law on the desks of Council in time for the April meeting of Council. co REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: < Fire Stations' Committee Alderperson Killeen reported that the City Engineer has completed review of bid specifications for the construction of 2 new stations and renovating of 3 existing firehouses. Requests for bids will be advertised in the first week of March with responses requested by the end of March. A late Spring ground- breaking continues to be targeted. Hydropower Commission Alderperson Hoffman presented to the Council, as a report, the following resolution which was passed by the Hydropower Commission: "WHEREAS, Common Council has given its unanimous support to the effort to explore protection options for the Ithaca Falls site, at both the State and Federal levels, and WHEREAS, Citizens Against Hydropower at Ithaca Falls" has identified a possible avenue for protection and has submitted a draft proposal to the Chief of the New York State Rivers Program for designation of a section of Fall Creek pursuant to the State Wild and Scenic Rivers Act, and WHEREAS, Department of Environmental Conservation Officials, after reviewing the draft proposal, have indicated that the site has an "excellent" chance for designation, and WHEREAS, the Mayor has given a letter of support for the designation proposal, and WHEREAS, State Assemblyman Martin Luster has requested a formal expression of support from Common Council in order to sponsor the legislation required for designation of the site; now, therefore, be it RESOLVED, That the Hydropower Commission recommends that Common Council pursue for the designation of portions of Fall Creek, including the Ithaca Falls, under the Wild and Scenic Rivers Act of New York State." Discussion followed on the floor. Alderperson Hoffman stated there will be a meeting on March 9 with a Department of Environmental Conservation representative to answer questions on the designation of the site under the State Wild and Scenic Rivers Act and depending on the outcome of that meeting, he will ask for a Council vote on this matter at the April meeting. MA R M. Senior Citizens Center Alderperson Killeen reported that the Senior Citizens Center is looking for a new location. He will keep the Council updated on the progress of their search. Displaced Homemakers Alderperson Peterson reported that the Displaced Homemakers organization is having their 10th anniversary celebration on April 1, 1989. NEW BUSINESS' * 22.1 Proposed Cable Regulation Resolution By Alderperson Nichols: Seconded by Alderperson Killeen WHEREAS, the Cable Deregulation Act of 1984 removed (with limited exceptions) the rights of municipalities to regulate the rates and services of cable companies, and WHEREAS, cable companies are attempting to subvert even the limited exceptions provided under the Act, and WHEREAS, the services provided by the cable company is a public convenience and necessity like other utilities, and WHEREAS, once franchised most cable companies are effectively monopolies, operating without effective competition, and WHEREAS, public service commissions have historically held the right to regulate and oversee the rates and services of public utility monopolies; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca, New York urges Congressional action to restore the right of a municipality to regulate the rates and services of a cable system where such a system exists without 25% penetration by another cable company or alternative technologies, and be it further RESOLVED, That copies of this resolution be transmitted to Representative McHugh and Senators D'Amato and Moynihan. Alderperson Nichols noted that there apparently is some move in Congress to modify the Cable De- regulation Act and he believes the city should be supporting it. Motion to Refer By Alderperson Nichols: Seconded by Alderperson Killeen RESOLVED, That the resolution on proposed cable regulation be referred to the Cable Commission and the Charter and Ordinance Committee for review and report back to the Council at their April meeting. Ayes (9) - Schlather, Killeen, Johnson, Booth, Lytel, Cummings, Peterson, Hoffman, Nichols Abstention (1) - Romanowski (conflict of interest) Carried Procedure for Meeting of March 8, 1989 Alderperson Nichols stated that the a Committee of the Whole meeting for Common Council is scheduled for March 8th at 7:30 p.m. to deal with the matters of the Octopus. Discussion followed on the floor in regard to the procedure for the meeting. * 22.3 Straight Take -over By Alderperson Killeen: Seconded by Alderperson Johnson WHEREAS, April 1989 marks the twentieth anniversary of the "Straight Takeover" on the Cornell campus, and WHEREAS, this historic event has had significant impact on and M � beyond the Cornell campus, and upon the Ithaca community, and WHEREAS, it is most fitting that the City of Ithaca recognize this occasion and accordingly participate in commemorative activities, as appropriate; now, therefore, be it RESOLVED, That this concern be referred to the Human Services Committee in order to develop a plan for city participation in (4woe this April commemoration. Discussion followed on the floor. A vote on the resolution resulted as follows: LO 1q" LO M Q 0 Ayes (7) - Schlather, Lytel, Cummings, Johnson, Booth, Killeen, Nichols Nays (3) - Peterson, Hoffman, Romanowski Carried ADJOURNMENT: On a motion the meeting was adjourned at 11:50 p.m. Callista F. Paolangel /i City Clerk John C. Gutenberger Mayor 44;1 421 11 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. March 1, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano City Clerk - Paolangeli Planning and Development Director - Van Cort Youth Bureau Director - Cohen LO Acting Personnel Administrator - Walker I' Building Commissioner - Datz LO Fire Chief - Olmstead Police Chief - McEwen m Planning and Development Deputy Director - Mazzarella Board of Public Works Commissioner - Reeves < Preservation /Neighborhood Planner - Chatterton Tompkins County Representatives - Winch, Stein Tompkins County Administrator - Heyman PLEDGE OF ALLEGIANCE Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. Q0,V MINUTES: Postponement of Approval of Minutes of February 2, 1989_ Common Council Meeting The approval of the Minutes of the Common Council meeting of February 2, 1989 were postponed until the April 5, 1989 meeting. SPECIAL ORDER OF BUSINESS: Public Hearing An Ordinance Amendinq the Official Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Mental Health Facility) Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider an ordinance amending the Official Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the ordinance. Susan Blumenthal, Chair of the Planning and Development Board, stated that at the Board's meeting on February 28th, there was a unanimous vote to support this zoning change and the mental health facility at this location. (600" Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Lytel RESOLVED, That the Public Hearing to consider an ordinance amending the Official Zoning Map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Schlather requested the addition of Item 16.15, Bond Resolution. No Council member objected. 422 2 Charter and Ordinance Committee Alderperson Booth requested the addition of Item 18. 7, a report on penalties for work done by the city on sidewalks. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of Item 20.3, a report on the search for a new Senior Citizens Center. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: "Coalition for Choice" Group Bridget Welsh, 1159 Taughannock Boulevard and Alix Stanton, Williams Street, spoke to Council regarding a "Coalition for Choice" rally to be held on the Cornell Campus. She stated that the rally will be held on Saturday, March 4 on the issue of reproductive choice, and it is expected that 7,000 - 10,000 people will be present and they wished to extend an invitation to the Tompkins County community to attend the rally. Homes, Inc. Homeless Proiect Amy Simrell and Brenda Wolcott of Homes, Inc. addressed Council with an update of the status of their homeless housing project on Green Street. They stated that Homes, Inc. was awarded a capital grant from the State of New York for this project for construction and renovation of a building that Homes, Inc. purchased on West Green Street in the Fall of 1987. They offered to share information on the topic of homelessness that they have gathered with Council members or to assist in any other way that they can. They hope to have more concrete time lines for the project by the middle of March. Hydropower Margaret Fabrizio, 213 King Street, representing "Citizens Against Hydropower" spoke to Council with an update on the actions that their group has been involved in. She stated that they are in the process of submitting an application to New York State Department of Environmental Conservation for designation of a section of Fall Creek under the New York State Wild and Scenic Rivers Act. They have submitted an initial proposal and it has been reviewed and suggestions have been given to the group and revisions are being worked on. She stated that Vernon Husek from the NYS Rivers Program will be coming on March 9th at 4:00 p.m., and she hopes that all Common Council members will be able to attend the presentation because he will be able to answer very specific questions about regulations. REPORT OF BOARD OF REPRESENTATIVES: Central Processing Facility Site Representative Stein reported on the central processing facility site. The committee reviewing sites met today and passed a recommendation which will, in resolution form, go to the Board of Representatives on March 6th to de- designate the Industrial Park site. He stated that the committee has had a consultant's report regarding other sites and the report has been submitted. Copies are being sent to the City showing the analysis of the alternate sites. The committee in reviewing that report has narrowed it down to two sites which they intend to discuss with representatives of the city. The two sites are the Cherry Street site and the Commercial Avenue site. They are hoping to be able to designate a new site at their meeting on March 21. Representative Stein answered questions from Council members regarding central processing sites and Representative Winch spoke on traffic patterns regarding the sites. J 423 3 Watros Report Alderperson Killeen asked Representative Stein for an update on the Watros Committee that was looking at Cornell University's and Ithaca College's contribution responsibilities to the community. Representative Stein responded that the committee has come out with a final report that has several recommendations and he referred to several points in the report. Copies of the report will be sent to the city. Taber and Brindley Street Bridge Alderperson Romanowski stated that he would be interested in knowing how the Board of Representatives came to the conclusion that that bridge is adequate for heavy truck traffic. Representative Stein responded that he shares Alderperson Romanowski's concern and he will review that and report back to Lo Council. Iq LO SRO Proposals Alderperson Peterson asked how the county sees the city's involvement in the SRO proposals. Representative Stein referred the question to County Q Administrator Scott Heyman. Mr. Heyman responded that at this time the county is starting to meet with developers and bankers to discuss the problems and concerns from that angle. Eventually it will become a construction project and then it will be a building department concern. At that time the city government will be involved. Discussion followed on the floor between Common Council and the County Representatives on the issue. REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS: Planning and Development Board Susan Blumenthal, Chair of the Planning and Development Board, read the following resolution on developer impact fees that was adopted at the Board's meeting on February 28: "WHEREAS, the Board of Planning and Development has extensively researched the issues of housing supply and housing affordability as part of the development of the Strategic Housing and Neighborhoods Plan, and finds that housing affordability is a critical and growing problem in the City of Ithaca, and WHEREAS, the Board has recommended that the City of Ithaca develop a housing trust fund that will provide a stable source of funds that could be used to augment the city's dwindling supply of affordable housing, and WHEREAS, the Board has investigated a variety of sources of funds that could be used to provide funding for the housing trust fund, and has determined that a program of developer impact fees is the most promising source of funds; now, therefore, be it (400.1 RESOLVED, That the Board of Planning and Development strongly urges the Common Council to continue its efforts to implement a developer impact fee program and that those efforts be expedited to the fullest extent possible, and be it further RESOLVED, That the Board requests that all efforts to implement a developer impact fee program be directed toward the development of a program that will provide direct funding for affordable housing, and that such a program be first implemented before any other types of developer impact fee programs are pursued. Carried Unanimously" 424 4 Rental Housing Task Force Steve Jackson, Chair of the Rental Housing Task Force, updated the Council on the Rental Housing Task Force meetings. He stated that on February 5th they met with representatives from Cornell and Ithaca College to hear their plans and thoughts on the rental housing situation and on February 23rd they met with Marty Luster to hear his assessment of what is going on in regard to the State budget as it relates to affordable housing. He stated that the news there is not nearly as bad as it is with respect to other areas of the State budget and he also discussed with the Task Force various other legislative initiatives that may be relevant to the city as we look for proposals on affordable housing. Doug Dylla also reported to the Task Force on Ithaca Neighborhood Housing Services explorations in the past of sources of funding for affordable housing and about the Mutual Housing Association proposal. A representative of the Alternative Federal Credit Union spoke to the Task Force about their new program to set up a social investment fund where they are seeking depositors who will specifically allocate their funds to allow for loans for affordable housing and child care. The next meeting of the Rental Housing Task Force will be on March 13th. Mr. Jackson commented that the Rental Housing Task Force will be urging Common Council to continue exploring developer impact fees, specifically tied to providing funding for affordable housing. He also referred to Item 16.14 on the Budget and Administration Committee agenda, the contract hiring Kathy Evans as part -time planner, and stated that one part of that task is to assist the Rental Housing Task Force and he urged the Council to pass the resolution. Board of Public Works Commissioner Reeves reported on the following items to Common Council: Letter from the Energy Commission - Ms. Reeves stated that the Board received a letter on January 16 from the Energy Commission with a proposal from NYSEG made to the City of Ithaca to replace all existing mercury vapor street lights with a high pressure sodium. She stated that the discussion with the Board on this matter is ongoing at this time. The Commons Advisory Board and the Downtown Ithaca Business Association have requested that the Commons lighting and the surrounding business district be changed back to mercury vapor lighting and because of these requests the Board will investigate other types of lighting before making a recommendation. Hudson Street Reconstruction - Hudson Street reconstruction is at this time. This project will the Whole meeting on March 15. Ms. Reeves reported that the in the preliminary design phase be reviewed at the Committee of Use of City Park Lands by Profit and Non - profit Groups - Ms. Reeves stated that Board has a request in to the City Attorney to look into the matter of use of city park lands by profit and non- profit groups. Fines Levied for Non - compliance of the Recycling Ordinance - Ms. Reeves reported that the figures for the fines levied for non- compliance of the recycling ordinance are being worked on and will be forthcoming to the Council. Discussion followed regarding lighting of the Route 13 corridor; recycling of glass materials; Hudson Street project; request for a sidewalk in front of the Oak Hill Nursing Home; the G.I.A.C. mini -pool and renovations of G.I.A.C. Ms. Reeves responded to questions from Common Council members. J 425 5 MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Gutenberger requested approval of Council for the LO appointment of Robert DiGiacinto, 415 South Geneva Street, and Iq Andrew Gillis, 213 Cascadilla Park to the Commons Advisory Board LO with terms to expire December 31, 1990. Resolution M By Alderperson Booth: Seconded by Alderperson Nichols Q RESOLVED, That this Common Council approves the appointment of Robert DiGiacinto and Andrew Gillis to the Commons Advisory Board with terms to expire December 31, 1990. Carried Unanimously Recycling Task Force Mayor Gutenberger requested the approval of Council for the appointment of Harold "Bud" Gerkin, 116 Mitchell Street, to the Recycling Task Force with an indefinite term. Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Harold "Bud" Gerkin to the Recycling Task Force with an indefinite term. Carried Unanimously CITY ATTORNEY'S REPORT: Community Police Board Alderperson Lytel asked City Attorney Nash about the Community Police Board role and function in the apparent conflict allegedly between Civil Service Law, the Police contract and the Municipal Charter. City Attorney Nash responded that there is a memo forthcoming before the Police Commissioners next meeting. ACC Cable Franchise Alderperson Nichols asked about the cable contract with ACC. He stated that when the Council passed it, there was a statement of principle that the Cable Company would have until June 1st in order to complete the cable rebuild. He asked City Attorney Nash if he interpreted that to mean that everything in the contract is delayed until June 1. City Attorney Nash responded that his understanding is that it referred to just the cable rebuild, which was basically hooking everybody up to it. Alderperson Nichols asked if that would, therefore, include the access studio and an extension of a date for that. City Attorney Nash responded that he does not think so, that he has not heard anyone claim that. Alderperson Nichols remarked that Mr. Withiam claimed that at the Cable Commission meeting. COMMUNICATIONS FROM THE MAYOR: New York State Conference of Mayors Mayor Gutenberger reported on the Annual Winter meeting of the NYS Conference of Mayors that he attended in Albany. He stated that he brought back a lot of information that he will copy and present to the Council members. There were a lot of conversations (,wool with various Commissioners of different departments, the leadership of the Assembly and the leadership of the Senate. Mayor Gutenberger answered questions from the Alderpersons regarding sales tax, land transfer tax, exaction fees (impact fees), state -wide smoking ban, neighborhood parking permit system, etc. MAYOR'S APPOINTMENTS: Commons Advisory Board Mayor Gutenberger requested approval of Council for the LO appointment of Robert DiGiacinto, 415 South Geneva Street, and Iq Andrew Gillis, 213 Cascadilla Park to the Commons Advisory Board LO with terms to expire December 31, 1990. Resolution M By Alderperson Booth: Seconded by Alderperson Nichols Q RESOLVED, That this Common Council approves the appointment of Robert DiGiacinto and Andrew Gillis to the Commons Advisory Board with terms to expire December 31, 1990. Carried Unanimously Recycling Task Force Mayor Gutenberger requested the approval of Council for the appointment of Harold "Bud" Gerkin, 116 Mitchell Street, to the Recycling Task Force with an indefinite term. Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Harold "Bud" Gerkin to the Recycling Task Force with an indefinite term. Carried Unanimously CITY ATTORNEY'S REPORT: Community Police Board Alderperson Lytel asked City Attorney Nash about the Community Police Board role and function in the apparent conflict allegedly between Civil Service Law, the Police contract and the Municipal Charter. City Attorney Nash responded that there is a memo forthcoming before the Police Commissioners next meeting. ACC Cable Franchise Alderperson Nichols asked about the cable contract with ACC. He stated that when the Council passed it, there was a statement of principle that the Cable Company would have until June 1st in order to complete the cable rebuild. He asked City Attorney Nash if he interpreted that to mean that everything in the contract is delayed until June 1. City Attorney Nash responded that his understanding is that it referred to just the cable rebuild, which was basically hooking everybody up to it. Alderperson Nichols asked if that would, therefore, include the access studio and an extension of a date for that. City Attorney Nash responded that he does not think so, that he has not heard anyone claim that. Alderperson Nichols remarked that Mr. Withiam claimed that at the Cable Commission meeting. 426 6 CHARTER AND ORDINANCE COMMITTEE: *18.1 Environmental Review Respecting Zoning Map Amendment for Parcel on Green Street on Which the County Plans to Build a Mental Health Facility - Resolution Not to Accept a Negative Declaration Prepared by the City's Planning Staff By Alderperson Booth: Seconded by Alderperson Nichols WHEREAS, the Environmental Assessment has been prepared by the City's Planning staff respecting re- zoning land along Green Street on which Tompkins County plans to build a new mental health facility, and WHEREAS, the issues surrounding parking vehicles associated with that new facility have not been resolved by the County and City, and WHEREAS, without resolution of those parking issues it is not possible to determine that this proposed re- zoning will not have a significant impact on the environment; now, therefore, be it RESOLVED, That this Common Council does not accept or adopt the proposed Negative Declaration contained in the attached document, and be it further RESOLVED, That this environmental review shall continue, pending resolution by the City and County of parking issues involving the proposed mental health facility. Alderperson Booth explained the reasons for the foregoing resolution. Alderperson Nichols emphasized the fact that the resolution before the Council is not an issue as to whether or not a mental health building should be built on the proposed site. He said that what we have is an environmental assessment of the effect of changing the zoning of that site. The present zoning as it stands would require parking to be provided, at least for a building of the size that is being discussed, for 168 cars. If we re -zone there is no parking requirement. The present situation in that area is such that the parking is very limited now and we are about to lose quite a few additional spaces, probably in the very near future. He further stated that it seems to him impossible to say that there will be no environmental impact, that you can have a negative impact without some mitigation of the parking issue. He said that as he understands it, there is discussion with the County in the Intergovernmental Committee about some mitigating measures in which the county would presumably help the city to provide a structure of some kind that would provide some parking. At this time the committee has not reported and we have no agreement on such mitigating measures. Alderperson Booth commented that the reason he supports the negative declaration is because this property is in the classification it is in because there was an oversight by Common Council when the Collegetown re- zoning was done. He explained the zoning change that was done and stated that a new district was created for the downtown area, and at that time this small triangle of land was left off the list inadvertently. It is for that reason that he feels that the conclusion is fair. We are not doing anything different in terms of the environment other than what the city zoning laws had previously provided and on that ground he feels comfortable adopting the negative declaration and going ahead with the re- zoning. We cannot act on the re- zoning until we act on the Environmental Review. Alderperson Cummings wished to reiterate that what Alderperson Booth has said is accurate; it was always the intention of the Planning and Development Committee and then of Council to make LD `q LO _- m Q 7 427 sure that we did not impose those new Collegetown requirements on the downtown neighborhood. Mayor Gutenberger stated that there was an Intergovernmental Relations Committee meeting with the county last week and they brought to the city a proposal to pay to the City of Ithaca $37,000 a year for parking needs in the downtown. Mayor Gutenberger urged Common Council to support the need for a mental health facility in the downtown area and to think of the people who will be served by this project. Further discussion followed on the floor. County Representatives Winch and Stein responded to questions from Council. Motion to Table By Alderperson Schlather: Seconded by Alderperson Nichols RESOLVED, That the resolution not to accept or adopt the proposed Negative Declaration be tabled. Ayes (4) - Schlather, Lytel, Nichols, Hoffman Nays (6) - Cummings, Romanowski, Johnson, Killeen, Peterson Booth Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (4) - Schlather, Lytel, Nichols, Hoffman Nays (6) - Cummings, Romanowski, Johnson, Killeen, Booth, Peterson Motion Fails Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Environmental Assessment has been prepared by the city's Planning staff respecting re- zoning land along Green Street on which Tompkins County plans to build a new mental health facility, and WHEREAS, the environmental assessment proposes the issuance of a negative declaration for this zoning amendment, and WHEREAS, environmental review was conducted for this change previously, and WHEREAS, this re- zoning is largely the result of an oversight in previous re- zoning decisions that involved downtown business areas and Collegetown business districts and will re- establish the zoning that previously applied to most of the Green Street parcel involved; now, therefore, be it RESOLVED, That Common Council does hereby accept and issue the negative declaration pursuant to the city's Environmental Quality Review Ordinance. Ayes (6) - Romanowski, Cummings, Johnson, Booth, Killeen, Peterson Nays (4) - Hoffman, Schlather, Lytel, Nichols Carried *18.2 Zoning Map Amendment for Parcel on Green Street on Which the County Plans to Build a Mental Health Facility - Resolution to Table Until Completion of Environmental Review Alderperson Booth withdrew this resolution from the agenda in light of the decision that Council just made. *18.2A Green Street Zoning Amendments By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, a proposal has been made by Tompkins County to develop a 42 0 new mental health facility in the Central Business District of the City of Ithaca, and WHEREAS, the preferred site for the proposed mental health facility is on land located at the corner of East Green and South Tioga Streets, and WHEREAS, the present zoning for the preferred site is B -2b, which has regulations which limit the maximum height of buildings to six stories and sixty feet, and WHEREAS, the design of the proposed mental health building exceeds the sixty foot height limitation, and WHEREAS, the Common Council is desirous of encouraging the development of the proposed mental health facility; now, therefore, be it RESOLVED, That the proposed amendments to the Official Zoning Map contained in Ordinance No. 89 - are hereby approved. ORDINANCE NO. 89 - AN ORDINANCE AMENDING THE OFFICIAL 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 THE 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 the following described area presently located in the B -2b, Business District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel number 70 -8 -11, thence easterly and southeasterly along the northern boundary of tax parcel 70 -8 -11 a distance of approximately 150 feet to the northeast corner of tax parcel number 70 -8 -11, thence southeasterly along the eastern boundary of tax parcel number 70 -8 -11 a distance of approx- imately 41 feet to the southeast corner of tax parcel number 70 -8 -11, thence southwesterly along the southern boundaries of tax parcel numbers 70 -8 -11 and 70 -8 -13 a distance of approximately 179 feet to the southwest corner of tax parcel number 70 -8 -13, thence northerly along the western boundaries of tax parcel numbers 70 -8 -13, 70 -8 -12 and 70 -8- 11 a distance of approximately 137 feet to the point of beginning. This area includes all of tax parcel numbers 70- 8-11, 70 -8 -12 and 70 -8 -13. 2. That the "Official Zoning Map of the City of Ithaca, New York" as last amended, is hereby amended and changed so that the following described area presently located in the P -1, Public and Institutional District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel number 81 -3 -2, thence easterly along the northern boundary of tax parcel number 81 -3 -2 a distance of 39 feet to a point on the northern boundary of tax parcel number 81 -3 -2, thence northeasterly a distance of 30 feet to a point on the western boundary of tax parcel number 70 -8 -13 that is 16 feet north of the intersection of the northern boundary of J D 429 9 tax parcel number 81 -3 -2 and the western boundary of tax parcel number 70 -8 -13, thence southerly along the western boundary of tax parcel number 70 -8 -13 a distance of approximately 56 feet to the southwest corner of tax parcel number 70 -8 -13, thence southwesterly along the northern boundary of the rim of Six Mile Creek a distance of approx- imately 75 feet to the southwest corner of tax parcel number (60ve 81 -3 -2, thence northerly along the western boundary of tax parcel number 81 -3 -2 a distance of approximately 91 feet to the point of beginning. This area includes a portion of the right -of -way of South Tioga Street. 3. That the "Official Zoning Map of the City of Ithaca, New York" is hereby amended and changed so that the following described area presently located in the B -2b, Business District, is reclassified and changed to the P -1, Public and Institutional LO District: Iq All that tract of parcel of land described as follows: LO Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary M of tax parcel number 70 -8 -11 a distance of approximately 41 Q feet to the northeast corner of tax parcel number 70 -8 -11, thence northwesterly along the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 30 feet to a point approximately 120 feet east of the northwest corner of tax parcel number 70 -8 -11, thence easterly along a line that is the easterly continuation of the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 160 feet until it intersects the rim of Six Mile Creek, thence southeasterly along the rim of Six Mile Creek for a distance of approximately 135 to the point of beginning. This area includes a portion of the right -of -way of East Green Street. 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. Ayes (8) - Romanowski, Lytel, Cummings, Johnson, Booth, Killeen, Peterson, Hoffman Nays (2) - Nichols, Schlather Carried PLANNING AND DEVELOPMENT COMMITTEE: *17.8 Strand Theatre Protection By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, last week the City's Building Department issued a permit for the demolition of #306 -308 East State Street, which is adjacent to the Strand Theater, and WHEREAS, unless suitable precautions are taken, the demolition is likely to adversely affect the stability of the Strand Theater, and WHEREAS, the Strand Theater is listed on the State and National Registers of Historic Places and is designated a local landmark, subject to protection under the terms of the Ithaca Landmarks Preservation Ordinance, and WHEREAS, the City has a substantial interest in the Strand Theater, and WHEREAS, the proximity of the projected demolition work to the Strand Theatre suggests a need for caution in order to protect the landmark; now, therefore, be it 430 10 RESOLVED, that upon the recommendation of the Planning and Development Committee, the Common Council recommends that precautionary measures be implemented to ensure to the greatest extent practicable that the Strand Theater is not damaged by the demolition of the neighboring structure. Alderperson Cummings commented on the resolution, and referred to a letter from Attorney Peter D. Walsh representing RHP Properties, Inc. Discussion followed regarding the bridge that is part of the landmark of the Strand Theatre and the city's liability in this matter. Alderperson Schlather stated that he is concerned that the city may possibly be waiving some of its rights as an interested party in this structure if this resolution is passed. He recommended that the Council not act on this at all, that we just let the principles of law operate as they will. Building Commissioner Datz stated to Council that the Building Department has another concern and that is that they want that building down. He stated that he has issued the permit for the building to be demolished and he has also written a letter to the owners to assure the city that they would take every precaution to protect that bridge amongst many other things, such as access to the alleyway while the building is coming down, pedestrian and motor traffic on State Street for the Fire Department, the timing of the project, etc. Further discussion followed on the floor. Alderperson Schlather suggested that Alderperson Cummmings withdraw the resolution and the Council would agree on the record that the city is not waiving any rights without prejudice, that we intend the general principles of law operate under the circumstances. Alderperson Cummings withdrew the resolution in accord with the aforestated understanding. Recess Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:25 p.m. CHARTER AND ORDINANCE COMMITTEE: *18.6 Amendment to Smoking Ordinance By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, in order to protect the public health and safety the City of Ithaca has adopted an ordinance regulating smoking in public place and work places, and WHEREAS, since the adoption of that ordinance Common Council has discussed at length various possible amendments to that ordinance, particularly as it applies to food service establishments; now, therefore, be it _J RESOLVED, That Chapter 67 of the City of Ithaca Municipal Code, entitled "Regulation of Smoking ", is hereby amended as follows: Section 1. Section 67.3(A) of said ordinance is amended to read as follows: "A. "Bar" means a place devoted to the serving of alcoholic beverages for on -site consumption by patrons and where the service of food is only incidental to the 431 11 consumption of such beverages. "Bar" includes, but is not limited to, the bar area of a private club, but does not include other areas of such a club. For the ur oses of this definition the "incidental" service of food shall mean that 60 percent or more of the gross annual sales for any such establishment involve the sale of alcoholic beverages and that 40 percent or less of the gross annual sales for any such establishment involve the sale of food and other non - alcoholic products as such sales are recorded in accord with applicable standards governing the maintenance of business records." Section 2. Section 67.5(C) of said ordinance is amended by adding the following language to said subdivision: Lr) "Notwithstanding the language of the preceding paragraph of this subdivision, smoking may be permitted in a food service establishment that has a seating capacity of 50 or fewer persons LD as certified annually by the owner of such establishment to the City Attorney, provided such establishment complies with the M following requirements and complies otherwise with the provisions of this ordinance: (1) The owner, operator, manager, sponsor, or person in charge of such facility provides a non- smoking area or areas in such establishment sufficient to meet customer demand, which non - smoking area or areas shall in any event include not less than thirty percent of the seats in such establishment; and (2) The owner, operator, manager, sponsor, or person in charge of such facility provides, operates, and maintains in proper working order a ventilation system or electronic air cleansing system with odor removing filters that removes at least 50% of the smoke and associated gases from that place on a continuing basis and provides 4 -5 changes of air in that place per hour. Section 3. The effective date of the penalties and enforcement provisions of this ordinance, as specified in Section 2 of the ordinance adopting Chapter 67, are hereby amended to provide that such provisions shall be effective as of April 15, 1989, except for food service establishments which shall be governed by said penalties and enforcement provisions as of June 15, 1989. Section 4. This ordinance shall take effect immediately following publication of a notice as provided by Section 3.11 (B) of the Ithaca City Charter. * *note: UNDERLINE IS NEW LANGUAGE. Alderperson Booth explained that the proposed amendments are four in number and two of them are amendments to the term 'Bar'; one to make clear that that term includes a Bar in a private club, but does not include the other portions of a private club and that the term 'incidental service of food', means a facility in which 60% or more of the gross annual sales of that facility are for alcohol. The second amendment provides a partial exemption for small restaurants imposing some requirements but less strict requirements than apply to other food service establishments, and the fourth amendment would amend the enforcement date of the ordinance vis -a -vis food service establishments from April 15th to June 15, 1989. Alderperson Booth stated that he will propose, after the discussion on this ordinance, that the first three of the amendments be tabled and that only the time extension be approved 432 12 at this Council meeting. He thinks that there is more deliberation needed on the first three amendments before they are acted on. Discussion followed on the floor. Mayor Gutenberger commented that he thinks there is a very serious misconception on the part of the public on the smoking ordinance itself. He stated that it is his opinion, in discussing with some of the private clubs and organizations in the city, that they are completely unaware that this smoking ordinance applies to private clubs and organizations and their facilities. He said that the impression that the clubs have is that the city smoking ordinance applies to public buildings. He requested that when the amendments go back to committee for review that the various clubs and organizations be notified that in fact this does apply to them and that they be given the opportunity to respond. Further discussion followed on the floor on the extension of the enforcement date. Tabling Resolution On Sections 1 & 2 By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Sections 1 and 2 (Section 67.3(A) and Section 67.5 (C)) of the ordinance be tabled. Carried Unanimously Resolution to Adopt Sections 3 & 4 By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Section 3 (effective date of enforcement of the ordinance for food service establishments to June 15, 1989) and Section 4, be adopted by this Common Council. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.4 Cass Park Skatina Rink Environmental Review By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the matter of the development of an ice rink /recreation center at Cass Park is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and may be a type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B) (5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED! That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions relating only to the sighting of the rink referred to as "Options A and B" as set forth on the Long Environmental Assessment Form dated February 21, 1989, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed development of the rink described under Options A and B (page 33), will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the Iq LO m Q L 43:3 13 attachment, in the City Clerk's office and forward the same to any other parties as required by law. Alderperson Peterson stated that in her reading of the LEAF, she was concerned about the use of fly ash for fill at the proposed site. She said that she called the coordinator of the Environmental Management Council and he called the Department of Environmental Conservation and the Solid Waste Division of the DEC in regard to the use of fly ash and he told her in fairly strong language, that it is definitely a no -go on fly ash, that it is a definite heavy metal contamination product and this would not be a proper use of this material. Barbara Blanchard, Planning Consultant for the Youth Hockey Group, responded to Alderperson Peterson's concerns. She remarked that she spoke with the Chief Technical Advisor to the United States Environmental Protection Agency on the use of fly ash in construction projects. Essentially what she was told was that fly ash can have some low levels of heavy metal in it and that before it is used, the material should be tested for chemical totals and leaching potential by the TCLP method. It was also indicated to her that there should be some soil testing done especially near the old rink because fly ash was fill material that was used for the original Cass Park rink. Ms. Blanchard further remarked that the Community Recreation Center has no intention of using any dangerous material in the construction of the facility and tests would be performed on these materials on a load by load basis as the material is delivered. Andy Sciarabba and David Taube made comments to the Council on the matter of the use of fly ash as a fill material and answered questions from Council members. Further discussion followed on the proposed re- location of the tennis courts, the length of time for construction of the rink, Empire State Games schedule, and concerns raised by the Conservation Advisory Council. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the following be added to the end of the second Resolved: "provided that mitigating measures set forth in the LEAF and related submissions are included in the final project with the following additional conditions: 1. Fly ash will not be used for fill. 2. There will be provision for coordination of building construction with the Summer Programs at Cass Park and the conduct of the Empire State Games so as to minimize conflict of construction. 3. There will be submission of cost estimates for exterior fabrics other than metal. 4. Vegetation used for screening will be mature vegetation. 5. There will be provision for timely removal and replace- ment of existing tennis courts without significant interruption of court availabilities. 6. That the project be referred to the Design Review Board for their comment. Discussion followed on the floor regarding the amendment and Mr. Taube answered questions from Council members. Alderperson Booth stated that his sense is that at a minimum the LEAF needs to be re -done and go back in front of the Conservation Advisory Council. He said that in looking at the whole scope of the project, he has real serious concerns about the spacial aspect of the project. He does not think a negative declaration should be issued, that they should do an environmental impact statement, largely on aesthetic grounds. 434 14 Mr. Sciarabba commented that they having been trying to do this as a community project with donations and if this project is not in construction by June most likely the project will be dead. A decision has to be made now as to whether or not the city wants this building. Further discussion followed on the floor on the matter of using fly ash as a fill for this project site. A vote on the amending resolution resulted as follows: Ayes (9) - Schlather, Booth, Nichols, Johnson, Cummings, Peterson, Romanowski, Hoffman, Killeen Nay (1) - Lytel Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Schlather, Lytel, Cummings, Hoffman, Nichols, Peterson, Killeen, Romanowski Nays (2) - Johnson, Booth Carried HUMAN SERVICES COMMITTEE: Southside Center Temporary Shelter - Report Alderperson Peterson reported that the Human Services Committee was given an update on statistics from the Southside Center on Temporary Shelter for homeless persons. She stated that the shelter is housing approximately 6 - 10 persons a night, depending on the emergency situation. The committee was notified that there are a number of grants in New York State that are available for a homeless shelter, and the applications are being looked at by Southside. Alderperson Peterson reported that the committee urged the Southside Board to try to come to some kind of decision this month about the use of Southside Center as a shelter in the future. There will be a meeting of the Southside Board on March 16th. She also informed Council that if the Southside building is officially designated as a homeless shelter this building will need some changes made to it. *15.2 Homelessness By Alderperson Peterson: Seconded by Alderperson Schlather WHEREAS, Southside Community Center has demonstrated an outstanding record in caring for the homeless and has noted a dramatic increase in the use of the facility, and WHEREAS, the Southside Center is a temporary shelter and the Center Board may or may not wish to make this a permanent program; now, therefore, be it RESOLVED, That the City of Ithaca shall examine a variety of means to alleviate the homelessness problem, specifically in provision of a facility, and that the Human Services Committee be delegated the authority to create a subcommittee to work on this issue. The subcommittee will include two (2) members of Common Council, two (2) individuals representing the Southside Center operation, City Building and Planning staff, and a representative from the Department of Social Services (if able to serve). Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 435 3 - /-y"? 15 *15.3 Criteria for Funding Agencies Other Than Human Services By Alderperson Peterson: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca has in the past appropriated funds to private agencies for cultural enrichment, economic promotion, and other purposes aside from human services, and WHEREAS, the Common Council intends that all such requests be subject to a standardized review process; now, therefore, be it RESOLVED, That a review committee consisting of three Common Council members appointed by the Mayor and assisted by the staff of the Planning Department and Finance Department, be established to review all private 1990 requests for non - mandated city funding that are not subject to Human Services Coalition review, and be it further RESOLVED, That the following requirement and criteria shall be applied to all such requests: LO Requirements co 1. All applications for 1990 funding must be submitted in Q writing to the City Controller by May 29, 1989. 2. An application may be reviewed either through the Human Services coalition review for human services proposals or through the process described here for other proposals; but not both. 3. Each application must include a statement that explains how the activity proposed for city funding will benefit the social, cultural, economic and /or environmental well -being of city residents, in terms as specific as possible: what groups will be served; how many people will be benefited; what will be the duration of the benefit. 4. If more than 5% of those served by the proposed activity are not city residents, the applicant must also request funding from the county and /or appropriate towns. 5. Each application must include: budgets for 1989 and 1990; financial reports from 1987 and 1988; enumeration of other funding sources. Criteria The review committee shall award points for the degree to which the proposed use of city funds meets each of the following criteria. If the applicant does not supply sufficient information for the committee to make a judgment, the proposal shall receive zero points in each such case. 1. The proposed activity will benefit the social, cultural, economic and /or environmental well -being of residents of the City of Ithaca. 1 - 10 points 2. The proposal will serve city residents in proportion to city funding requested compared to the total program budget. 1 - 5 points 3. The proposal will serve an identified need and does not duplicate another service, with higher points allocated in proportion to the extent of the need in the city. 1 - 5 points 4. The proposal is designed to effectively meet the needs of those to be benefited; and the proposal includes measurable 4116 16 objectives. 1 - 5 points 5. The applicant demonstrates sound management practices. 1 - 5 points 6. The proposed activity will especially benefit a population in financial need (i.e., below federal poverty guidelines) or the handicapped. 1 - 5 points 7. The proposal will produce a long -term benefit (e.g., one that is physically permanent). 1 - 5 points 8. The funding requested of the county shall be at least twice as great as the city request, and be it further RESOLVED, That the review committee shall, by August 15, 1989 recommend to the Human Services Committee of Common Council whether each request should be funded, in part or in full, and shall inform the applicants of its recommendations, and be it further RESOLVED, That the Human Services Committee shall make its own recommendations to the Mayor for consideration in the 1990 budget by September 1, 1989. Carried Unanimously Community Police Board - Report Alderperson Peterson reported that the Police Board representatives came to the Human Service Committee meeting and there was discussion about the authority of the Charter and its compatibility with State Law. This question was referred to City Attorney Nash for review and report back to the committee. There was also discussion regarding civilian control of police operations, the police contract and how that refers to the Charter and Police Board operation, the citizen grievance procedure and record keeping and what rules the city has governing the record keeping for grievance procedures. Police Chief McEwen remarked to Council that he is concerned because he has never been given an opportunity to really begin to discuss with the Council or the Police Board any of the issues that are being discussed and that he has read about in the newspaper. Chief McEwen stated that he thinks the citizen grievance procedures are lacking and he has a number of ideas that ought to be considered and he would hope that the committee would ask for his input. Mayor Gutenberger remarked that the legal questions are being worked on and there should be something forthcoming soon. BUDGET AND ADMINISTRATION COMMITTEE: *16.1 Civil Service Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the city for services in connection with Civil Service matters, for the period July 1, 1989 to June 30, 1990, in an amount of $15,990.90, payable to the City of Ithaca on or before November 1, 1989. Carried Unanimously *16.2 1989 Tax Roll Correction By Alderperson Schlather: Seconded by Alderperson Hoffman T r 17 WHEREAS, the 1989 Tax Roll for the City of Ithaca included property known as Tax Map Number 60 -3 -14, owned by Mary Crane Rossiter, and WHEREAS, pursuant to Section 554 (sub.4a) of the Real Property Tax Law, the Director of Assessment has investigated an application for the correction of an error in essential fact filed by Mary Crane Rossiter, and WHEREAS, said investigation revealed that a Veterans Exemption in the amount of $15,500 was omitted on the first installment, and WHEREAS, the Director of Assessment has requested that the city refund $139.89, that being the overpayment on the first install- ment, and to change the second installment to reflect the exemption amount; now, therefore, be it RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes to the Tax Roll and to refund $139.89 to Mary Crane Rossiter as requested by the Director of Assessment. Carried Unanimously * 16.3 Audit By Alderperson Schlather: Seconded RESOLVED, That the bills presented, #4/1989, in the total amount of payment. 437 .? 9 by Alderperson Hoffman as listed on Audit Abstract $23,090.05, be approved for Carried Unanimously * 16.4 Extension of Tax Warrant By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1989 State and County Taxes until June 1, 1989. Carried Unanimously * 16.5 Golf Course Irrigation System_ By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the irrigation system at the Newman Municipal Golf Course needs to be replaced due to its age and extremely poor condition, as recommended by the Board of Public Works, and WHEREAS, the Superintendent has been authorized to hire the S.V. Moffett Co., Inc., to design a new system that would provide more irrigation to the entire Course, at a cost not to exceed $1,500; now, therefore, be it RESOLVED, That this Common Council approves an amount not to exceed $1,500, as requested by the Board of Public Works, be provided from Capital Reserve #25 - Capital Improvements, for design of the new system. Carried Unanimously *16.6 Fire Department Vehicles By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, this Common Council on May 4, 1988, authorized the Board of Fire Commissioners to seek bids for the following vehicles: 1 - 1500 GPM Pumper to replace 1971 Engine 905 1 - 1500 GPM Pumper to replace 1968 Engine 906 and WHEREAS, the Board of Fire Commissioners has received bids for furnishing the above mentioned vehicles, and WHEREAS, the Board of Fire Commissioners has reviewed the bids for compliance with specifications and recommends the acceptance of the bids from Saulsbury Fire Equipment Corporation in the total amount of $518,290; now, therefore, be it RESOLVED, That Saulsbury Fire Equipment Corporation be awarded the contract for furnishing 2 - 1500 GPM Pumpers for its bid of $518,290 and be it further RESOLVED, That funding be provided as follows: From Capital Reserve #15 - Fire Engines $ 25,915 From Bond Anticipation Notes $492,375 Carried Unanimously * 16.7 Center Ithaca Box Office By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That $2,500 previously allocated to the Tompkins County Arts Council in the 1989 Budget be released jointly to the Cayuga Chamber Orchestra and the Ithaca Opera Association for maintenance of the Box Office in Center Ithaca subject to the following: 1. The Box Office becomes self sustaining within the year, from sale of tickets and advertising. 2. That transfer of funds is acceptable to the Tompkins County Arts Council or its successor. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Romanowski, Killeen, Booth, Nichols, Johnson, Peterson, Cummings, Lytel Nay (1) - Hoffman Carried * 16.8 Youth Bureau Staff Development By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That an amount not to exceed $1,500 be transferred from Account A1990, Unrestricted Contingency to the Youth Bureau Account A7310 -440, Staff Development as requested by the Youth Bureau Director. Ayes (9) - Romanowski, Killeen, Lytel, Cummings, Peterson, Nichols, Johnson, Hoffman, Booth Nay (1) - Schlather Carried * 16.9 Youth Development Program Funds By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That $10,000 be transferred from Account A1990, Restricted Contingency to the Youth Bureau Account A7310 -120, Hourly P/T and Seasonal, to expand the Youth Development service area to include the Towns of Caroline, Danby, Enfield and the Ithaca School District as per agreement, for the period January 1, 1989 to June 30, 1989, (Enfield: $5,000, Danby: $5,000, Caroline: $5,000, Ithaca School District: $10,000), and be it further RESOLVED, That an additional $5,000 will be transferred from Account A1990, Restricted Contingency to the Youth Bureau Account A7310 -120, Hourly P/T and Seasonal when an agreement has been reached, with the above governmental entities, for the period July 1, 1989 to December 31, 1989, (Enfield: $3,333.33, Caroline: $3,333.33, Danby: $3,333.33, Ithaca School District: $15,000), and be it further 19, 19 439 19 RESOLVED, That the Youth Bureau be directed to increase recreation rates for the 1989 summer programs and beyond. Discussion followed on the floor. Alderperson Booth asked that the record reflect that this accurately encapsulates the discussion with the communities that the Intergovernmental Committee had. Mayor Gutenberger and Alderperson Schlather replied that that is correct. Alderperson Booth further stated that Council should know that the members of the committee that were there expressed a willingness that this be the arrangement for this temporary period of time but is not necessarily the proper arrangement for a longer period of time because city taxpayers contribute a substantial amount of money to the city school district and to some degree that is their money that is paying for this. That (O was part of the discussion and there is no precedent here. Mayor Gutenberger stated that this is to get us through this M year. Hopefully the discussions that are taking place between Q the city, the county, school district, and everyone else will produce something more for next year. A vote on the resolution resulted as follows: Carried Unanimously * 16.10 Police Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the 1989 Authorized Personnel Roster of the Police Department be amended as follows: Add: One Police Lieutenant Position - 40 Hours Add: Two Typist Positions - 40 Hours and be it further RESOLVED, That the 1989 salary for the Police Lieutenant be established at $35,376, and be it further RESOLVED, That the Typist positions be placed at Grade 7 on the 1989 C.S.E.A. - Administrative Unit Compensation Plan with a salary range of $12,591 - $15,933. Carried Unanimously *16.11 Building Inspector III By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That Michael Niechwiadowicz be provisionally appointed to the position of Building Inspector III at a salary of $22,378, that being Step 3 of the C.S.E.A. - Administrative Unit Compensation Plan, effective March 6, 1989. Carried Unanimously (40001, * 16.12 Industrial Park Engineering Services By Alderperson Schlather: Seconded by Alderperson Booth 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 $13,750, and be it further RESOLVED, That funding for this service be provided from Capital Reserve #25 - Capital Improvements. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 16.13 Planning Department Authorized Equipment By Alderperson Schlather: Seconded by Alderperson Cummings 440 20 RESOLVED, That the 1989 Authorized Equipment list for the Planning Department be amended to include the purchase of the following: 1 - 40 MEG Hard Drive Unit - $490 1 - 40 MEG Tape Drive Unit $575 and be it further RESOLVED, That an amount not to exceed $1,065 be transferred within the Planning Department from Account A8020 -425, Office Expense, to A8020 -210, Office Equipment. Carried Unanimously * 16.14 Planning Department Contract By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the City of Ithaca enter into a contract with Katherine Evans in the amount of $16,859 (137 days at $17.50 per hour) for services related to the development and implementation of the Emergency Planning Priorities identified by Common Council in August 1988, and be it further RESOLVED, That an amount not to exceed $16,859 be transferred from Account A1990, Restricted Contingency to Planning Department Account A8020 -435, Contractual Services. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Nichols, Killeen, Booth, Cummings, Lytel, Peterson, Hoffman, Johnson Nays (2) - Schlather, Romanowski Carried *16.15 Bond Resolution By Alderperson Schlather: Seconded by Alderperson Killeen A BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $45,600 SERIAL BOND AND THE APPROPRIATION AND EXPENDITURE OF $2,400 CURRENT FUNDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF COMPUTER EQUIPMENT FOR SAID CITY. RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of computer equipment for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $451600 serial bonds pursuant to the provisions of the Local Finance Law, and there are hereby authorized to be expended $2,400 current funds of said City, which current funds are hereby appropriated therefor. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $48,000, and that the plan for financing thereof shall consist of the issuance of the $45,600 serial bonds of said City authorized to be issued pursuant to this bond resolution and by the expenditure of the $2,400 current funds of said City authorized to be expended therefor pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid purchase of computer equipment is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, J 441 21 2) The provisions of law which should be complied with at the date of publication of this resolution are not sub- stantially complied with,and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Romanowski - Aye Hoffman - Aye Peterson - Aye Lytel - Aye Killeen - Aye Booth - Aye Johnson - Aye Nichols - Aye Schlather - Aye Schlather- Aye Ayes (10) Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Citv Use of Recycled Materials By Alderperson Cummings: Seconded by Alderperson Johnson (400, WHEREAS,New York State's solid waste crisis will not be resolved without the commitment of all its citizens in the coming years; and WHEREAS,recycling is an important component of solid waste management that will help solve our solid waste crisis; and WHEREAS, recycling has numerous positive environmental benefits, including reduction of wastes to be landfilled, reduced air and water pollution, and saved resources; and WHEREAS,the City of Ithaca, with its curbside and office paper Tompkins County, New York, are hereby irrevocable pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. (wool, Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Comptroller, consistent with the provisions of the In Local Finance Law. Iq l� Section 6. The validity of such bonds and bond anticipation notes may be contested only if: m 1) Such obligations are authorized for an object or Q purpose for which said City in not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not sub- stantially complied with,and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Romanowski - Aye Hoffman - Aye Peterson - Aye Lytel - Aye Killeen - Aye Booth - Aye Johnson - Aye Nichols - Aye Schlather - Aye Schlather- Aye Ayes (10) Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Citv Use of Recycled Materials By Alderperson Cummings: Seconded by Alderperson Johnson (400, WHEREAS,New York State's solid waste crisis will not be resolved without the commitment of all its citizens in the coming years; and WHEREAS,recycling is an important component of solid waste management that will help solve our solid waste crisis; and WHEREAS, recycling has numerous positive environmental benefits, including reduction of wastes to be landfilled, reduced air and water pollution, and saved resources; and WHEREAS,the City of Ithaca, with its curbside and office paper 442 22 recycling programs is providing recyclable materials for reuse in industry, materials that otherwise would have been disposed of in the county landfill; recognizing that putting recyclables at the curb is fulfilling only part of the recycling equation, it is incumbent upon governments, their agencies, schools and businesses, as well as individual citizens, to close the recycling loop by buying recycled materials; and WHEREAS,the City of Ithaca could help recycling industries by purchasing recycled goods for its day -to -day activities, particularly recycled paper for correspondence, photocopying, offset printing and computer print -outs; now, therefore, be it RESOLVED that Common Council does hereby direct the City's purchasing agent to research the possibility of purchasing recycled paper that would meet the City's specifications, and to explore the possibility of purchasing cooperatively with other groups or agencies, such as school districts, county governments or local colleges and universities, to take advantage of price breaks for large purchases of recycled paper; and to report back to Common Council, through the Planning and Development Committee, with the results of such an investigation. Carried Unanimously *17.2 City /County Cooperation on Large Project Review By Alderperson'Cummings: Seconded by Alderperson Booth WHEREAS, the provision of Sections 239 -1, -m, and -n of the General Municipal Law provide for review and comment by the County Commissioner of Planning of certain zoning and subdivision actions of municipalities in Tompkins County as an aid in coordinating such zoning and subdivision actions among municipalities by bringing pertinent inter - community and county- wide consideration to the attention of municipal agencies, and WHEREAS, the provisions of Sections 239 -1, -m, and -n are by law applicable to zoning and subdivision actions only if they are within 500 feet of a State or County facility or the boundary of another municipality, and WHEREAS, the above restrictions limit the usefulness of County- wide review and comment, particularly as to the implications of traffic increases resulting from local actions; now, therefore, be it RESOLVED, that the City of Ithaca does hereby agree in principle to submission to the County Commissioner of Planning for review and comment those zoning and subdivision actions which exceed certain size or have potential community impacts, especially in the area of traffic generation, and be it further RESOLVED, that the 500 foot rule as set forth in General Municipal Law, Section 239 will no longer apply, and be it further RESOLVED, that the actions covered by such County review and Comment shall include: 1. major residential developments: subdivisions resulting in five or more lots, and multi - family projects of equivalent size; 2. major discretionary zoning actions: special permits, site - plan reviews, and variances involving five or more dwelling units, or involving commercial or other nonresidential developments which may generate twenty or more vehicle trips per day, and 3. zoning map and text amendments, and be it further J 443 3 _ �, 23 RESOLVED, That the general procedures outlined in Section 239 -1, -m, and -n should be used for review purposes, and be it further RESOLVED, That the City will submit to the County Commissioner of Planning a monthly report listing all construction and occupancy permits issued by the City during the month for new buildings or (6001, rehabilitation of a size yet to be determined, that such report shall identify the nature of the land use involved (housing, office, commercial, industrial, etc.) and the tax map number of the site, and be it further RESOLVED, that this agreement in principle is hereby referred to the Director of Planning and Development, the Building Commissioner, and the City Clerk for investigation of the means by which the above reports can be made in a timely manner 1-0 allowing County comment without undue delays to processing of applications, and be it further LDLD RESOLVED that the above City officials shall report back to Common Council regarding this proposal as soon as possible. m Discussion followed on the floor with Planning and Development Director Van Cort. Motion to Refer to Committee By Alderperson Schlather: Seconded by Cummings RESOLVED, That this matter be referred to the Charter and Ordinance Committee for review with prior input from Planning and Development staff, the City Clerk, the City Attorney and Building Department staff. Carried Unanimously *17.3 Planting Guidelines By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the proposed planting guidelines developed by the Shade Tree Committee be referred to the Charter and Ordinance Committee. Carried Unanimously * 17.5 Zoning Amendment - East Hill - Call for Public Hearing By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending the Official Zoning Map 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 at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, April 5, 1989 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 Board of Planning and Development Planning Board a true and exact copy for its report thereon. transmit forthwith to the and the Tompkins County of the proposed ordinance Carried Unanimously IAA 24 ORDINANCE NO. 89 - AN ORDINANCE AMENDING THE OFFICIAL 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 THE 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 the following described area presently located in the R -3b; Residence District, is reclassified and changed to the R -2b, Residence District: All that tract or parcel of land described as follows: Beginning at a point on the southwest corner of tax parcel number 66 -3 -25, thence northerly a distance of approximately one hundred feet along the eastern boundary of the right -of -way of Cornell Street to a point on the northwest corner of tax parcel number 66 -3 -25, thence easterly a distance of approximately seven hundred ninety eight feet along a line that is parallel to and one hundred feet north of the northern boundary of the right -of- way of Miller Street between Cornell Street and Pearl Street to the intersection of the eastern boundary of the corporate limits of the City of Ithaca, thence southerly a distance of approximately one hundred thirteen feet along the eastern boundary of the corporate limits of the City of Ithaca to a point on the southeast corner of tax parcel number 66 -3 -10.1, thence westerly a distance of approximately 174.8 feet along the northern boundary of the right -of -way of Miller Street to a point that is approximately 174.8 feet west of the southeast corner of tax parcel number 66 -3 -10.1, thence northerly a distance of approximately thirteen feet to a point at the intersection of the northern boundary of the right -of -way of Miller Street, thence westerly a distance of approximately six hundred twenty four feet along the northern boundary of the right -of -way of Miller Street to the point of beginning. Said described area includes all of tax parcel numbers 66 -3 -16, 66 -3 -18, 66 -3 -20, 66 -3 -22 and 66 -3 -25 and portions of tax parcel number 66 -3 -1, 66 -3 -9, 66 -3 -10.1 and 66 -3 -10.2. 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. Impact Fees - Report Alderperson Cummings reported that the Planning and Development Committee would like to have a sub - committee established for the impact fees issue with members from the Charter and Ordinance Committee and others for input. * 17.7 Planning Department 1989 Work Program By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the City of Ithaca Administrative Code requires that both the Common Council and the Board of Planning and Development approve an annual work program for the Department of Planning and Development, and WHEREAS, the Board of Planning and Development has previously reviewed and approved the Department's 1989 Work Program; now, therefore, be it 19, 445 25 RESOLVED, That the Common Council does hereby approve the 1989 Work Program for the Department of Planning and Development, with the stipulation that the contractual services noted are subject to the same flexibility and direction from Council as are the regular employees of the Planning Department. Alderperson Peterson spoke of her concern that there were no work program items for SRO assistance and homelessness issues. She indicated that there may be a need for some planning time for these issues. Discussion followed on the floor with Planning and Development Director Van Cort who indicated if a need arises regarding these issues, that can be worked out at the proper time. Alderperson Nichols stated for the record that he thinks there Ln should be a lot more time spent on the rental housing question ';Z1 rather than on some of the other activities listed on the work LO program. He further stated that he is not sure spending time on Z developer impact fees makes much sense unless the city is M committed to spending what we know will be the legal fees required to go ahead with this project. Alderperson Schlather agreed with Alderperson Nichols, especially in light of the fact that it appears our Assemblyman is going to make an effort to get legislation which would then cut through the need for all of this very esoteric planning that would otherwise have to be done to try to avoid what the law is. He said that he thinks the city would be far better advised to spend the time lobbying the Assembly to get straight forward (4mory legislation that allows developer impact fees. Further discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Community Development Application Schedule - Report Alderperson Cummings reported on the Community Development Application schedule. She stated that the Floral Avenue land transfer is part of the Community Development Application process and the Urban Renewal Agency has completed the LEAF and it has been mailed to Council members. CHARTER AND ORDINANCE COMMITTEE: Provision of City Services to Residential Subdivisions - Report Alderperson Booth reported that the Planning Board has recommended that the city amend the City Code in regard to city provision of certain services to residential subdivisions. The Charter and Ordinance Committee has received a draft resolution from the Planning Department and they have gone over it and recommended many amendments. Deputy Planning and Development Director Mazzarella is re- drafting that and it should be acted on by the Charter and Ordinance Committee at their March meeting and they will bring it to the Council in April. * 18 .4 Maintenance of City Records as Required by the New York State Arts and Cultural Affairs Law By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, by the Common Council of the City of Ithaca that Records Retention and Disposition Schedule MU -1, issued pursuant to Article 57 -A of the Arts & Cultural Affairs Law, (dated 1988 and issued by the University of the State of New York, the State Education Department) containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein, and be it further 446 26 RESOLVED, That in accordance with Article 57 -A: (a) only those records will be disposed of that are described in Records Retention and Disposition Schedule MU -1 after they have met the minimum retention period prescribed therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established time periods. Alderperson Booth gave background information on the resolution. A vote on the resolution resulted as follows: Carried Unanimously * 18.5 An Ordinance Amending Chapter 30 of the City of Ithaca Municipal Code Entitled 'Zoning', Section 30.49 Subdivision C (Expansion of Non- conforming Uses) - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending Chapter 30 of the City of Ithaca Municipal Code Entitled 'Zoning', Section 30.49 Subdivision C" 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 at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, April 5, 1989 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 the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously ORDINANCE NO. 89 - AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED 'ZONING', SECTION 30.49 SUBDIVISION C THEREOF. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 30.49 (c) of the City of Ithaca Municipal Code is hereby amended to read as follows: C. Extension or enlargement of non - conforming uses or structures. A non - conforming use may not be extended or enlarged to other structures, nor may a non - conforming use be extended or enlarged to other portions of structures not devoted to such use or to other land, nor may a non - conforming structure be extended or enlarged, except by means of a variance granted by the Board of Appeals. In all districts any legal non - conforming use or structure existing at the time of enactment of this Chapter as amended, or 447 3-j_- �-9 27 subsequently constructed in compliance with a variance, shall not be extended or enlarged except in compliance with the regulations of this Chapter as amended for each particular district. Section 2. 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. Sidewalk Repairs Provision in City Charter - Report Alderperson Booth reported that there is a provision in the City Charter which provides that when the city does sidewalk repairs for an owner, the city is allowed to assess that owner the cost of the repairs plus ten percent of those costs. He stated that some time ago the Board of Public Works, for a period of time, used a figure of twenty -five percent and they were advised by the City Attorney that that should not be done until the Charter was LD amended. The Charter and Ordinance Committee has voted on a Iq Local Law that would make the amendment from 10% to 25% and the LO City Attorney will lay that Local Law on the desks of Council in time for the April meeting of Council. co REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: < Fire Stations' Committee Alderperson Killeen reported that the City Engineer has completed review of bid specifications for the construction of 2 new stations and renovating of 3 existing firehouses. Requests for bids will be advertised in the first week of March with responses requested by the end of March. A late Spring ground- breaking continues to be targeted. Hydropower Commission Alderperson Hoffman presented to the Council, as a report, the following resolution which was passed by the Hydropower Commission: "WHEREAS, Common Council has given its unanimous support to the effort to explore protection options for the Ithaca Falls site, at both the State and Federal levels, and WHEREAS, Citizens Against Hydropower at Ithaca Falls" has identified a possible avenue for protection and has submitted a draft proposal to the Chief of the New York State Rivers Program for designation of a section of Fall Creek pursuant to the State Wild and Scenic Rivers Act, and WHEREAS, Department of Environmental Conservation Officials, after reviewing the draft proposal, have indicated that the site has an "excellent" chance for designation, and WHEREAS, the Mayor has given a letter of support for the designation proposal, and WHEREAS, State Assemblyman Martin Luster has requested a formal expression of support from Common Council in order to sponsor the legislation required for designation of the site; now, therefore, be it RESOLVED, That the Hydropower Commission recommends that Common Council pursue for the designation of portions of Fall Creek, including the Ithaca Falls, under the Wild and Scenic Rivers Act of New York State." Discussion followed on the floor. Alderperson Hoffman stated there will be a meeting on March 9 with a Department of Environmental Conservation representative to answer questions on the designation of the site under the State Wild and Scenic Rivers Act and depending on the outcome of that meeting, he will ask for a Council vote on this matter at the April meeting. MA R M. Senior Citizens Center Alderperson Killeen reported that the Senior Citizens Center is looking for a new location. He will keep the Council updated on the progress of their search. Displaced Homemakers Alderperson Peterson reported that the Displaced Homemakers organization is having their 10th anniversary celebration on April 1, 1989. NEW BUSINESS' * 22.1 Proposed Cable Regulation Resolution By Alderperson Nichols: Seconded by Alderperson Killeen WHEREAS, the Cable Deregulation Act of 1984 removed (with limited exceptions) the rights of municipalities to regulate the rates and services of cable companies, and WHEREAS, cable companies are attempting to subvert even the limited exceptions provided under the Act, and WHEREAS, the services provided by the cable company is a public convenience and necessity like other utilities, and WHEREAS, once franchised most cable companies are effectively monopolies, operating without effective competition, and WHEREAS, public service commissions have historically held the right to regulate and oversee the rates and services of public utility monopolies; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca, New York urges Congressional action to restore the right of a municipality to regulate the rates and services of a cable system where such a system exists without 25% penetration by another cable company or alternative technologies, and be it further RESOLVED, That copies of this resolution be transmitted to Representative McHugh and Senators D'Amato and Moynihan. Alderperson Nichols noted that there apparently is some move in Congress to modify the Cable De- regulation Act and he believes the city should be supporting it. Motion to Refer By Alderperson Nichols: Seconded by Alderperson Killeen RESOLVED, That the resolution on proposed cable regulation be referred to the Cable Commission and the Charter and Ordinance Committee for review and report back to the Council at their April meeting. Ayes (9) - Schlather, Killeen, Johnson, Booth, Lytel, Cummings, Peterson, Hoffman, Nichols Abstention (1) - Romanowski (conflict of interest) Carried Procedure for Meeting of March 8, 1989 Alderperson Nichols stated that the a Committee of the Whole meeting for Common Council is scheduled for March 8th at 7:30 p.m. to deal with the matters of the Octopus. Discussion followed on the floor in regard to the procedure for the meeting. * 22.3 Straight Take -over By Alderperson Killeen: Seconded by Alderperson Johnson WHEREAS, April 1989 marks the twentieth anniversary of the "Straight Takeover" on the Cornell campus, and WHEREAS, this historic event has had significant impact on and M � beyond the Cornell campus, and upon the Ithaca community, and WHEREAS, it is most fitting that the City of Ithaca recognize this occasion and accordingly participate in commemorative activities, as appropriate; now, therefore, be it RESOLVED, That this concern be referred to the Human Services Committee in order to develop a plan for city participation in (4woe this April commemoration. Discussion followed on the floor. A vote on the resolution resulted as follows: LO 1q" LO M Q 0 Ayes (7) - Schlather, Lytel, Cummings, Johnson, Booth, Killeen, Nichols Nays (3) - Peterson, Hoffman, Romanowski Carried ADJOURNMENT: On a motion the meeting was adjourned at 11:50 p.m. Callista F. Paolangel /i City Clerk John C. Gutenberger Mayor 44;1