HomeMy WebLinkAboutMN-CC-1989-03-01421
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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.
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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.
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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.
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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"
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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"?
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*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
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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
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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
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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,
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439
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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
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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,
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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.
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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
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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
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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
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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.
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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.
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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"
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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