The URL can be used to link to this page

Home My WebLink AboutMN-CC-1989-04-05451 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. April 5, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Romanowski, Schlather, Peterson, Lytel, Killeen OTHERS PRESENT: City Clerk - Paolangeli Deputy City Controller - Cafferillo City Attorney - Nash Director, Planning & Development - Van Cort LO Police Chief - McEwen Acting Personnel Administrator - Walker Building Commissioner - Datz (� Director of Youth Bureau - Cohen T Fire Chief - Olmstead m Board of Public Works Commissioner - Reeves Q PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the February 1, 1989 Common Council Meeting By Alderperson Nichols: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the February 1, 1989 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the March 1, 1989 Common Council Meetinq By Alderperson Romanowski: Seconded by Alderperson Nichols RESOLVED, That the Minutes of the March 1, 1989 Common Council meeting be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Chapter 30 of the City of Ithaca Municipal Code Entitled 'Zoning', Section 30.49 Subdivision C (Extension or Enlargement of Non - conforming Uses or Structures Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Public Hearing to consider an ordinance amending Chapter 30 of the City of Ithaca Municipal Code entitled 'Zoning', Section 30.49 Subdivision C (Extension or Enlargement of Non - conforming Uses or Structures) be declared open. Carried Unanimously Alderperson Booth gave an analysis and history of the proposed zoning amendment. No person appeared to address the public hearing. Resolution to Close Public Hearinq By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider an ordinance amending Chapter 30 of the City of Ithaca Municipal Code entitled 'Zoning', Section 30.49 Subdivision C (Extension or Enlargement of Non - conforming Uses or Structures) be declared closed. Carried Unanimously 452 E April 5, 1989 Public Hearing - An Ordinance Amending the Official Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Area Located in the R -3b, Residence District Reclassified and Changed to the R -2b, Residence District - Miller Street Re- zoning) Resolution to Open Public Hearing By Alderperson Johnson: Seconded by Alderperson Cummings RESOLVED, That the Public Hearing to consider amending the official zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Area Located in the R -3b, Residence District, Reclassified and Changed to the R -2b, Residence District - Miller Street Re- zoning) be declared open. Carried Unanimously Alderperson Cummings gave background on the ordinance. Elspeth Rhodin, 222 Miller Street, addressed Council and stated that she is in favor of the re- zoning of the Miller Street area. William Lower, 433 Floral Avenue, stated to Council that he is not opposed to the whole project of re- zoning the Miller Street area but he has a piece of property on Maple Avenue and he wished to express his objections to taking some part of that property and making it into an R -2b zone. He explained that he bought the property as R -3b and its intended use by him was to develop it under the R -3b zone. While it will not drastically or even substantially change his intentions, it does make him feel that somewhere in the future it will make it complicated to finish a project that he had intended to go ahead with. Mr. Lower said that he would like to see the re- zoning go around his property so that it doesn't interfere with what he has planned, which is to build about 32 units. Linda Cau he Y, 125 Pearl Street , expressed concerns about parking, the construction that is going on in that area, the narrow streets, and she stated that in order to preserve the neighborhood and to keep it a nice residential area, the zoning needs to be changed. Gertrude Ervay, 115 Pearl Street, spoke to Council and urged the Council to rezone the area to R -2b. Mildred Kirby, 205 Cobb Street, addressed Council regarding the student housing that is being built in the area of Miller Street. She remarked about the parking problems in the area and the traffic congestion. She urged Council to make the area residential which the residents need. Christopher Muller, 207 Cobb Street, stated that he is in favor of re- zoning the Miller Street area. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Booth 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 (re- zoning Miller Street area to R -2b, Residence District) be declared closed. Carried Unanimously Public Hearing - Proposed Disposition Through the Ithaca Urban Renewal Agency (IURA) of Tax Parcel No. 77 -2 -6 on Floral Avenue Resolution to Open Public Hearing By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider the proposed disposition through the Ithaca Urban Renewal Agency (IURA) of tax parcel No. 77 -2 -6 on Floral Avenue be declared open. Carried Unanimously Alderperson Cummings explained the reason for the public hearing. April 5, 1989 Dennis Wille, 201 Third Street, urged Common Council to support this issue. He stated that the acquisition of this parcel by INNS is not only essential to the successful development of the mutual housing in that location but it is also essential to the 's Community Development Block Grant success of this year Application. Resolution to Close Public Hearing (40000� By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That the Public Hearing RenewaderAgency proposed disposition through the I thaca parcel No. 77 -2 -6 on Floral Avenue be declared aclosed. Unanimously Clarification on the Miller Street Re-zoning Mayor Gutenberger stated for clarification that tonight was the public hearing on the Miller Street re- zoning and the LO environmental review and vote will be at the May Common Council ,;Q' meeting. LD Presentation of Centennial Photo ra h of Common Council Members Harvey Ferdschneider presented the Mayor and Common Council m members with the Centennial group photograph that was taken in Q 1988. Mayor Gutenberger thanked Harvey Ferdschneider for the excellent job that was done on the photograph. ADDITIONS TO THE AGENDA: New Business Alderperson Nichols requested that Item 22.3, a water problem at the Community Gardens, be added to the agenda. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Peterson requested the addition of Items 20.1 and 20.2; a report from the Six Mile Creek Committee and a report from Tompkins County Focus. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Arts Council Anne Jones, 502 Turner Place, addressed the Council on behalf of the Arts Council regarding Item 15.1 under the Budget and Administration Committee that is on the agenda for tonight. She stated that it has to do with giving permission to the Arts Council to utilize the $5,000 already in the city's budget for operating expenses of the Arts Council. She said that the Board feels very strongly that that money was appropriated for Arts organizations and individual artists. They appreciate Common Council's concern but they do not wish to use it for operating money. Route 96 we Vincent Fuchs spoke to Council in favor of Plan "C" for the Octopus. Weekend Meal Program at Southside Community Center Laura Philipps, 216 Dryden Road and Christa Staeuble, 308 Wait Avenue, addressed the Council and stated that they started the weekend meal program at the Southside Community Center in the Fall of 1988 as an extension of a course at the school of Hotel Administration at Cornell University entitled "Housing and Feeding the Homeless." 45:3 454 April 5, 1989 4 They wished to thank Southside Community Center and the many churches, volunteer organizations, restaurants and small businesses for all their support for this program. Ms. Staeuble explained that they serve an average of 75 -100 meals a weekend and feel that this program is a success. She stated that they will be graduating from Cornell in May and as a result will no longer be able to continue as directors of this program. While they have commitments from volunteers and restaurants for continuing services, a director is needed to oversee the program and coordinate the pooling of community resources. She said that they think the responsibilities of a director could be accomplished in a 20 -hour per week position. They would like the city to think about funding this program through an umbrella agency in the community. This program is filling an important need in the community and should not end simply because they will no longer be able to coordinate it. They are planning to meet with the Human Services Committee of Common Council in April. They also wished to invite Council members to join them for a meal. Mayor Gutenberger thanked Laura Philipps and Christa Staeuble for their service to the community. Citizens to Save Our Parks Doria Higgins, 2 Hillcrest Drive, speaking for "Citizens to Save Our Parks" addressed Common Council concerning procedures in the alienation of Inlet Island Park, and read the following statement: "It is not correct for the City of Ithaca to use as a measure of the value of Inlet Island Park a contrived 1985 appraisal figure of $71,000 when the 1981 City Tax Rolls give the park an assessed value of $357,400 (the park is of course exempt from taxes). One local real estate appraisal firm has told us that in the last two years alone land values have doubled in the last ten years which means that that $357,000 figure is near to $700,000 now. We have talked to officials at the National Park Service in Philadelphia and at State Parks in Albany and to appraisers involved in the alienation of parks, such as Inlet Island Park, in other cities in New York State. Not one single person with whom we spoke thought the appraisal strategy which the City of Ithaca is using is reasonable. We refer to the strategy of alienating Inlet Island Park for the stated purpose of making it available to private developers for commercial or industrial use yet instructing the appraiser to appraise the land as park land, and then using this artificially lowered value as the value against which to measure an equal value of substitute acreage which was appraised on the fair and open market. These appraisers use other ways of appraising park land, mostly they use what they call the highest and best use of the land and that is what should be used in Ithaca. The Mayor, in his February 7, 1985 giving his reason for alienation said and best use' and then he explained industrial and it is only fair to th appraise this land for that purpose acreage worth that amount of money. documentation to Albany, 'to put it to its highest that was commercial and a community that the City and then find substitute We think for the City to continue to use the 1985 figure of $71,000 as the value to match in acquiring substitute acreage will in effect be depriving our community of park land. There is a big difference between the amount of substitute park land you can buy on the open market for $71,000 and the amount of park land you can buy for $357,400. 1911, April 5, 1989 5 Another irregularity is the City's insertion in the material they sent to Albany of the phrase 'all or part of in each and every one of the boundary descriptions of the six parcels involved. When they say 'all or part of that means that you don't know how much land is actually involved and that means that neither Common Council, nor the community of Ithaca, nor the National Parks Service, nor the Albany legislature will have any way of knowing whether or not the City is offering substitute acreage equal in extent and value to either the acreage which is being removed in (400� from the alienation pInlets Island Festiv al Lands some ) or pointa this extent and value to language will have to made exact during the alienation process because the National Parks people will not let it slip by and the sooner this is done, the better; the less waste of time there will be for all involved. Our group really sees ourselves as working with Common Council Lo and at times working with people, you have to call mistakes to their attention. We are opposed to the alienation of Inlet Island Park but if it is to be alienated, we insist that it be done properly and done so that the community is not deprived of park land which it rightfully its due." m Loss of Postal Jobs from Ithaca Q Michael Oates, representing American Postal Workers Union, addressed Council in regards to the loss of 45 postal jobs from Ithaca to Elmira. He stated that the union has requested information from the postal service regarding this move based on their contract and the local contract and the National Labor Relations Act and the postal service has refused to supply the information. He is hoping that Council can pass a resolution asking the postal service to release this information so that his union's members can know what is going to happen with their jobs and lives. Rob Sullivan, postal worker from Trumansburg, stated that he thinks that one of the reasons for this move is that the Postal Service is automating. He would like Common Council to ask the Division Headquarters in Rochester and Buffalo if in the next 5 years this is going to improve postal service to Ithaca and is there a reason why this automation could not be done on the Warren Road site. Route 96 Guy Gerard, spoke to Council regarding the Route 96 issue and his concerns for the pedestrians that use the streets in that area. He stated that his preference for the Route 96 issue is Plan "A ". Dick Pendleton, 326 Forest Home Drive, spoke to Council expressing his opinion that designation of Fall Creek under the Wild, Scenic, and Recreational River Systems Act might not be the best thing for persons living where he resides in the Forest Home area. 455 Designation of Fall Creek Under the Wild Scenic and Recreational Rivers Systems Act The following persons spoke to Council in favor of the designation of Fall Creek under the Wild, Scenic, and Recreational Rivers Systems Act: Sarah Jane Bokaer - 417 Linn Street Ellen Harrison - Leonard Geller - 115 East Upland 8 Bridge Street, Road Newfield (representing the Sierra Club) Lois Darlington - 409 Lake Street John Schroeder - 618 Stewart Avenue Dick Pendleton, 326 Forest Home Drive, spoke to Council expressing his opinion that designation of Fall Creek under the Wild, Scenic, and Recreational River Systems Act might not be the best thing for persons living where he resides in the Forest Home area. 455 45G April 5, 1989 R Homeless Housing Project Brenda Wolcott -Aume, Executive Director of H.O.M.E.S., Inc. updated the Council on the homeless housing project. She stated that they have met with the Homeless Housing Assistant Project (HAP) in March and H.0.M.E.S., Inc. has since received a letter from them stating their strong support not only of the H.O.M.E.S. project but also of their application for grant funds. She said that the application is currently in the State process and undergoing an internal review which should be completed in about six weeks but that process could extend through September which would mean that H.O.M.E.S. Inc., would not be in receipt of those funds until then. In that light she would like to ask Common Council to consider writing a letter to HAP to again reiterate the need for this project and also expediting of this project. Mutual Housing, Weekend Meals at Southside, Postal Service, etc. Jeanne Fudala, 615 North Aurora Street, asked Council to support the Ithaca Neighborhood Housing Grant, and stated that it is a good way to provide decent community housing with a sense of community and neighborhood to low and moderate income people who are finding it very difficult to have permanent stable housing. Ms. Fudala also requested that Council support the weekend meals program at Southside, the H.O.M.E.S. program and the Ithaca Postal Workers and designation of Fall Creek as a recreational river. Fall Creek Designation Ashley Miller, 343 Iradell Road, read the following resolution that was passed by the Tompkins County Environmental Management Council to Common Council: "WHEREAS, Fall Creek and its corridor, with its invaluable hiking, fishing, boating and swimming opportunities furnishes a vital recreational and scenic resource for the residents of Tompkins County, and WHEREAS, Tompkins County is experiencing rapid and sustained development resulting in an irreversible loss of natural areas and open spaces, and WHEREAS, the scenic beauty of the cascades, gorges and glens of Fall Creek are priceless and cherished resources for Tompkins County, and WHEREAS, the water quality and the plant and animal habitat of this threatened area should be protected as a heritage for the enjoyment of future generations, and WHEREAS, portions of this segment of Fall Creek are on the EMC's list of unique natural areas; now, therefore, be it RESOLVED, That the eight mile segment of Fall Creek from its mouth at Cayuga Lake through Monkey Run to Route 13 be designated as a recreational river under the Wild, Scenic and Recreational Rivers System Act of New York State." Margaret Fabrizio, 213 King Street, reported to Common Council that their group, "Citizens Against Hydropower at Ithaca Falls" has renamed their group. It is now the "Fall Creek Conservation Committee ". She stated that the proposal for designation is now in Albany and it is being reviewed. They are also in close contact with DEC and it looks really good. Ms. Fabrizio stated that all the materials including the Act, the regulations, the proposal, and the maps with the proposed boundaries will be available at the Public Library by the end of the week for review. She further stated that the Fall Creek Conservation Committee will be getting all the appropriate information to people in the governments of the Town of Ithaca and the Town of Dryden. They are hoping that they will be able to have a J April 5, 1989 7 committee set up and be actually discussing concerns and getting down to the basis of this within a week and a half. She gave further background information on designations of this sort in New York State. Ms. Fabrizio requested Council to make the preservation of Fall Creek a priority, rather than the development of Fall Creek and she asked Council to support the Fall Creek Conservation Committee and the designation that they are seeking. Patti Witten, 508 University Avenue, presented natures that the st t d the common Council a petition with 5 g following: "We, the undersigned, urge you to take necessary action to designate the low eight miles of Fall Creek in Ithaca, New York, a Recreational River, under the New York State Wild, Scenic, and Recreational River Systems Act. Fall Creek is a unique area (� providing natural sites, hiking trails, fishing spots, and �- swimming holes. It is used by residents, visitors to the area, and naturalists. We are concerned about the water quality and LO use, impacts of development (including development of hydropower at Ithaca Falls), and access to and uses of this spectacular ED recreational area." Q Ithaca Farmers' Market Anna Steinkraus, 345 Shaffer Road, Newfield, President of the Ithaca Farmers' Market, made the following statement to Council on behalf of the Market: "We think it is particularly important to the Market and to the Ithaca community to have the security and confidence that a 20 year lease brings. Not only will this proposed lease enable the Ithaca Farmers' Market to remain a viable asset to the Ithaca community but it will also add Steamboat Landing as a potentially important waterfront asset at very little expense to the City. The Ithaca Farmers' Market hopes to remain one of the most culturally and socially significant features of the city and we also wish to continue as one of the most unique and outstanding Farmers' Markets in the eastern United States. It has been particularly satisfying to have helped in returning Steamboat Landing, once again, into an oasis of vitality for the benefit of the Ithaca community. We have very much appreciated the effort from the city in reaching this stage of development and we will endeavor to continue to flourish as a Market serving the needs of the community." Ms. Steinkraus thanked the Mayor, Council and staff for their time in negotiating the proposed lease. The Market feels this is a very reasonable compromise which benefits both the Market and the city. They feel it is important that this be approved quickly so that the Market can commence the fund raising effort to build the structure. Fall Creek Designation Paul Booth, representing the Forest Home Improvement Association, stated to Council that the association is as concerned about the quality of Fall Creek as perhaps anybody in Ithaca, but they are not sure that they can go along with the designation plan as they were not informed of it until last night. He stated that the Association has some questions of the designation going above Beebe Lake. He asked, on behalf of the association, that the proposal be tabled until such time as all interested parties be consulted about the way the proposal is going. He stated that the Forest Home Association cannot support a proposal that they have not heard about in detail. 457 458 April 5, 1989 *] Community Development Application; Transfer of Floral Avenue Parcel; Deposit of Proceeds to Housing Trust Fund Dennis Wille, 201 Third Street, urged Council to support the CDBG application because it promises to provide affordable housing for low and moderate income people far into the future. Mr. Wille also asked Council to support the transfer of the Floral Avenue parcel to INNS so that INHS can assemble the parcel which will enable INNS to most effectively develop the piece of land that they already own. He also asked their support for the resolution to deposit the proceeds from that sale to a Housing Trust Fund which would, in the future, enable that money to be used for other affordable housing in Ithaca. HUMAN SERVICES COMMITTEE: *18.2 Ithaca Post Office Job Losses By Alderperson Peterson: Seconded by Alderperson Nichols WHEREAS, it appears that the United States Postal Service (USPS) plans to relocate as many as 45 jobs from Ithaca to Elmira, and WHEREAS, the City of Ithaca stands to lose more than $1.6 million annually in wages and benefits as a result of this action, and WHEREAS, this action may have an deleterious impact upon mail delivery to Ithaca businesses and citizens, and WHEREAS, the postal workers union has also sought information from USPS on its plans which has been withheld from them, and WHEREAS, if the postal service were a private employer this action would potentially be considered a mass layoff requiring sixty days notice under the Federal Plant Closing Legislation, the intent of which was to see that advanced notice was given to an affected community; now, therefore, be it RESOLVED, That the City of Ithaca seeks official confirmation of the postal service's plans and requests that the postal service share this information as well with the postal workers union, and be it further RESOLVED, That the City objects strenuously to this proposed relocation, and be it further RESOLVED, That the City asks that the relocation of these jobs be reconsidered due to the potentially damaging impact this action could have on the health of the Ithaca economy, and be it further RESOLVED, That the City asks the USPS to announce its intention with regard to its proposed Warren Road facility, and be it further RESOLVED, That a copy of this resolution be sent to US Congressman Matt McHugh and to Senators Moynihan and D'Amato and that the City officially seeks their aid in stopping this relocation of jobs from the Ithaca area. Alderperson Lytel read the following letter, dated April 4, 1989, -,40) from John A. Rapp for Thomas J. Fritsch, Field Division, General Manager /Postmaster in Buffalo, New York: "Thank you for contacting me in your letter dated March 29, 1989. I want to assure you the Postal Service has every intention of sharing information regarding a possible change in mail distribution operations in Ithaca with you and with our employees. The Postal Service is conducting a study to determine the feasibility of relocating certain distribution operations from Ithaca to Elmira. Analysis of this data by the Rochester MSC will determine the feasibility and cost effectiveness of moving April 5, 1989 459 A mail distribution from the existing manual operation in Ithaca to an automated operation in Elmira. Results of the study will be forwarded to the Buffalo Division for review. No decision has been made at this time to move mail distribution from Ithaca to Elmira. Included in this study is a review of any potential impact on service to the Ithaca community. Changes will not take place if (6000, a negative effect on service is indicated. In regard to the proposed Warren Road facility, a hold has been put on the design of the building pending the results of the feasibility study. The decision on the mail distribution location, Ithaca or Elmira, will affect the size and design of the building. The final design is dependent upon the activities and operations to be performed. Until that determination is LO made, the Ithaca project is on hold. 'q Finally, I want to address some specific items in your Council Lo resolution. First, it is premature at this point to say that USPS "plans to relocate as many as 45 jobs from Ithaca to M Elmira." Again, a feasibility study does not mean that a decision to relocate jobs has been made. I assure you that we are Q concerned about the impact of job relocations, if they occur, to our employees and to the Ithaca community. At the same time, we have an obligation to provide cost effective, quality service to the public. That is why we initiated the feasibility study. Second, any decision to relocate work activities will take into consideration normal procedural obligations to notify all affected parties. This includes our employees, the postal (600ov unions, and the Ithaca community." Alderperson Lytel stated that after having read that letter, he feels more convinced than ever that Council needs to pass their resolution. He has been assured by Mr. Fritsch's representative that the response that they will give to Congressman McHugh will also be forwarded to the City. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the first Whereas read as follows: "WHEREAS, it appears that the United States Postal Service (USPS) is developing plans to relocate as many as 45 jobs from Ithaca to Elmira; that in the second Resolved, the word "this" be deleted and the word "any" be inserted in its place; in the third Resolved, the word "the" be deleted and the word "any" be inserted in its place; and in the fifth Resolved, the word "this" be deleted and the word "any" be inserted in its place. Discussion followed on the floor on the amendment. Alderperson Lytel spoke against the amendment. A vote on the amending resolution resulted as follows: Carried Unanimously Further discussion followed. Mayor Gutenberger referred to the fourth "Whereas" and said that if this resolution passes, that "whereas" becomes a statement of Council and he asked if the Council or the Human Services Committee can back that statement up if it is challenged. Alderperson Lytel replied that the Postal Workers Union has filed an unfair labor practices charge against the USPS on the basis of withholding information. That is a factual statement and can be documented. 460 10 April 5, 1989 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Recess Common Council recessed at 8:50 p.m. and reconvened in regular session at 9:05 p.m. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Rental Housing Task Force Steve Jackson, 142 Giles Street, Chairperson of the Rental Housing Task Force, gave the Council an update on the work of the Rental Housing Task Force. He presented a draft to Council of 12 tentative working groups that the Task Force created. He reported that the Task Force unanimously agrees that a Board of some form will be required to deal with issues of rental housing. Mr. Jackson stated that at their meeting on May 8th they will hold their first public discussion of the issue of rent control, rent regulation, rent registry as a possible route to go for the City of Ithaca. Board of Public Works Commissioner Reeves reported on the following for the Board of Public Works: Street Lighting Change -overs - Ms. Reeves reported that the Energy Commission has been working on the project of replacing all the existing mercury vapor street lighting luminaries with high pressure sodium of equal or greater light output. This conversion, which would be done over a 4 -5 year span at no cost to the city, would result in an annual saving of $25,000 for the city. This issue has been discussed at length with the Board and the Board will vote on the matter at their meeting of April 12th. Street Lights on Route 13 - Ms. Reeves reported on the new lights and poles that are being installed on Route 13. There will be one at the Stewart Park entrance, a new pole at Dey Street, one new pole at Willow Avenue at Route 13, 2 poles at Third Street on either side of Route 13, and one at Hancock Street. The ones that have already been installed are at the end of West Fall Street, West York and at the end of Woodland Place, which were requested by the residents. The City will also put in reflectors along Route 13 by the bridge. Alderperson Schlather asked Commissioner Reeves about a street light request for West Hill. Commissioner Reeves responded that the staff has been investigating that and are looking into the possibility of 4 or 5 new lights for that area because of the need and staff will be coming back to the next Committee of the Whole meeting with costs. Spring Clean -up Week - Commissioner Reeves reported that at the request of the County Spring Clean -up Week, as we know it, is no longer in existence. However, there is a proposal before the Board to be voted on at the April 12 meeting, for a Spring Clean- up Week for yard wastes only. The date of this will be announced later. Discussion followed on the possibility of having a "swapping day ". Commissioner Reeves will discuss the possibility with the Board. Spring Cleaning of Streets - Commissioner Reeves reported that the Spring cleaning of the streets began on March 27 in the Cornell Heights, East Ithaca and South Hill areas and will continue until the job is complete. Alderperson Booth asked Commissioner Reeves to take back to the Board the thanks of the many people in the Third Ward for the signs and the flashers at Belle Sherman School crossing. April 5, 1989 461 11 COMMUNICATIONS FROM THE MAYOR: Request from Charles Schlough regarding the City Hall Annex for Extension of Contract Mayor Gutenberger reported that he had received a letter from Mr. Schlough late today for an extension of the contract for the City Hall Annex sale. He thinks the appropriate thing to do is, at the meeting, grant a one month extension and refer the whole issue to the Intergovernmental Relations Committee to discuss it. Mayor Gutenberger stated that the reason for the request is because the mortgage commitment has not come through yet. The primary reason for that is because the appeal process to the State of New York for the variance for the State Building Code takes so much time, and there are city Building Department reviews needed which are contingent upon some of those drawings. Discussion followed on the floor. I.) Resolution By Alderperson Nichols: Seconded by Alderperson Johnson Lo RESOLVED, That an extension be that granted until the May 3, 1989 the matter be referred to the Common Council meeting and Intergovernmental Relations Committee for review and that the M Intergovernmental Relations Committee should recommend any terms Gt and conditions that might be appropriate in making further extension and report back to the Common Council at the May Common Council meeting. Ayes (5) - Lytel, Cummings, Nichols, Johnson, Killeen Nays (5) - Schlather, Romanowski, Peterson, Hoffman, Booth Mayor Gutenberger voted Aye, breaking the tie. Carried Transfer Tax (6w,� Mayor Gutenberger referred to a New York State Conference of Mayors Newsletter that is asking that local officials write to their legislators in regard to the enactment of a local option real estate transfer tax. He requested that Council members write to their Assemblymen and Congressman to ask that the city have the local ability for the increased real estate transfer tax so that it will ease a little the local property tax burden bill. Discussion followed on the floor on the merits of this tax. Guide to Composting and Recycling Projects in New York State Mayor Gutenberger stated that the New York State Conference of Mayors has recently published a "Guide to Recycling and Composting Projects in New York State" which is a very good publication. A section of that brochure was written by the city's recycling coordinator, Lynn Leopold. He congratulated Ms. Leopold for writing such an excellent article. Law Enforcement Accreditation Council Mayor Gutenberger reported that Governor Cuomo has appointed the Law Enforcement Accreditation Council for the State of New York. Police Chief Harlan McEwen was appointed by the Governor as Chair for that Council. MAYOR'S APPOINTMENTS Local Advisory Board of Assessment Review Mayor Gutenberger requested approval of Council for the appointment of Martha Preston, 636 Hudson Street, to the Local Advisory Board of Assessment Review, with a term to expire December 31, 1989. Resolution By Alderperson Killeen: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of Martha Preston to the Local Advisory Board of Assessment Review with a term to expire December 31, 1989. Carried Unanimously 462 April 5, 1989 12 Deputy City Controller Mayor Gutenberger requested the approval of Council for the appointment of Steven P. Thayer to the position of Deputy City Controller. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski ' RESOLVED, That this Council approves the appointment of Steven P. Thayer to the position of Deputy City Controller at a starting salary of $36,367.00, effective May 8, 1989. Alderperson Lytel asked about the affirmative action record for the City of Ithaca in regard to the city's hiring of women and minorities. Discussion followed on the floor regarding the concerns of affirmative action hiring policies in the City of Ithaca. It was agreed that this matter be discussed at a future date. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Johnson, Nichols, Peterson, Cummings, Romanowski, Booth, Killeen Abstention (2) - Lytel, Hoffman (lack of information to make an informed vote) Carried CITY ATTORNEY'S REPORT: 2% Money - Release of Funds Alderperson Peterson reported that the Human Services Committee has met with representatives from the career fire fighters and the volunteers about the 2% money, which has been talked about for about 6 years. They discussed old money, new money, and new State regulations. There is a proposal from the fire fighters, both paid and volunteer, asking if that portion of old money could be allocated to the volunteer companies with one -ninth reserved in case any of the money is ruled to be allocated to the paid fire fighters. She asked City Attorney Nash for his opinion on this matter. City Attorney Nash responded that last Fall he told them that the most conservative way to handle this matter was to get the other parties who might possibly object to sign a waiver beforehand. At that time he drafted the appropriate document, but as far as he knows, the documents were not signed and returned. Atty. Nash said that he cannot tell them to go ahead and spend the money without saying that if the money is spent there might be a lawsuit. Alderperson Schlather suggested that the first step should be to clarify if the waiver document was signed. Further discussion followed on the floor on the matter of the release of funds for 2% money. Alderperson Romanowski reported that he had an opportunity to speak with Senator Seward on the subject of the 2% money. He believes that Atty. Nash will be receiving some correspondence in the next week that might resolve the problem. Release of Funds for WSKG Radio Station Alderperson Killeen asked for the status of the money that was to be released to WSKG. City Attorney Nash replied that he talked with the Conference of Mayors who confirmed his feelings that it was improper for the City of Ithaca to make that contribution. He wrote to WSKG citing the Articles in the State Constitution that he feels makes the contribution improper and he has not heard from them since that time. April 5, 1989 463 13 Alderperson Schlather stated that he has received phone calls from WSKG and he suggested to them that considering the rulings, perhaps what they should do is make a proposal to the city for some contractual service to the city, which then might qualify for release of those funds but he has not heard back from them. city Lawsuit vs. Jason Fane - 705 East Buffalo Street Alderperson Killeen asked for an update of the City lawsuit vs. Jason Fane regarding 705 East Buffalo Street. City Attorney Nash responded that Judge Sherman issued a decision on the discovery of documents relative to that matter and there was a session held in his office last week for review and photocopying of those documents. He is not sure if a trial date has been set yet. Watts Lot Lawsuit Alderperson Cummings asked for an update on the Watts Lot Lo lawsuit. Iq City Attorney Nash stated that the city has received a request LO for document production and for deposition of the Director of Planning and Development and of Alderperson Cummings. Atty. Nash (1] said that in reviewing the document request, it seems quite Q broad and it may be that there will be some legal work to do even before they get into the discovery on the matter. Family Occupancy /Long Island Court Case Alderperson Booth asked City Attorney Nash if he has received a copy of the decision on the Long Island Court case dealing with families and occupancy. (6w" City Attorney Nash responded that he has received it and basically the problem seems to be that the local ordinance restricted the number of unrelated people that can live together as a functional family unit; no more than 4. The Court found that that was unconstitutional because there was no restriction on the number of related people who can live together as a family and our definition of functional family unit does not restrict the number of people who can reside as such, so he does not see any problem with that Court case in the City's zoning ordinance. PLANNING AND DEVELOPMENT COMMITTEE: *16.4 Fall Creek Designation Under the Wild Scenic and Recreational Rivers System Act By Alderperson Cummings: Seconded by Alderperson Hoffman 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, Scenic, and Recreational Rivers System Act, and (400v WHEREAS, Fall Creek and its surrounding environs contain valuable scenic, fish and wild life, ecological, open space, recreational and historic resources; now, therefore, be it RESOLVED, That Common Council endorses the designation of portions of Fall Creek, including the Ithaca Falls, under the Wild, Scenic and Recreational Rivers System Act, and be it further 464 14 April 5, 1989 RESOLVED, That Common Council name a committee to meet with affected property owners and municipalities and to recommend stream segment and lateral boundaries for the designation. Said committee could include representation from Common Council, Conservation Advisory Council, Environmental Management Council, Citizens Against Hydropower at Ithaca Falls, City Hydropower Commission, and the City Department of Planning and Development and representation from Cornell University. Alderperson Schlather remarked that he has to abstain on this issue due to a conflict of interest because according to the map that he has seen, a piece of property which he owns in Varna is in the affected area. Amending Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the first Resolved read as follows: "RESOLVED, That Common Council endorses the designation of portions of Fall Creek, lying within the City of Ithaca, including the Ithaca Falls, under the Wild, Scenic, and Recreational Rivers System Act, and be it further RESOLVED, That Common Council urges the Town of Ithaca and Town of Dryden to give careful consideration to endorsing a similar designation of sections of Fall Creek within their boundaries, and be it further, ......etc" Alderperson Booth explained that this is a resource that extends across several boundaries and he thinks that the Council should act on this favorably tonight in terms of those portions in the City of Ithaca. He does not think, at this juncture, the City should presume to speak for resources that are in the jurisdiction of the Towns of Ithaca and Dryden. Alderperson Hoffman stated that the resolution was originally written with the second Resolved meant to be an attempt to involve the other municipalities, to negotiate a talk with property owners to come up with a mutually agreeable boundary. He thinks it is important for the city to take leadership on this issue; to say that we are supporting this designation. He said that it is an attempt, and in fact the only promising avenue we have been offered in 7 or 8 years, to exempt Ithaca Falls from hydropower. Alderperson Hoffman remarked that he has been told that DEC has stated that a longer portion of the river must'be designated in order to make it attractive to them, that the original idea of simply covering the Falls area would not be looked on favorably by their department. fie urged Council to continue with the original language which does not specify exact boundaries or even exact areas of the river to be designated. Alderperson Peterson stated that she would also like to endorse the original language for another reason as well and that is that it is very difficult to designate a portion within the City. The whole system really has to be addressed, both for the water quality and for the wildlife habitat; especially the fishery is impacted all the way upstream by what happens not only in the City but also 8 miles away. Alderperson Nichols stated that the resolution as it now reads specifically refers to the proposal that has been presented to the State which does include all the other areas. He said that with the amendment that Alderperson Booth is proposing, the City is specifically referring to the whole proposal but we are saying that we support the part within the City and asking the others to similarly consider. Alderperson Nichols stated that in talking with Assemblyman Luster regarding this issue a few days ago, his statement was that if we are just talking about the section within the city and the Council asked him to do it, he would be happy to do that, but Ft April 5, 1989 465 15 if we are talking about areas in the Town of Ithaca and Town of Dryden, he would want to have their support first before he introduced anything which they might be opposed to. Mayor Gutenberger asked the Council not to forget the goal on this issue which is the protection of Ithaca Falls. He stated that if we can protect larger portions of the river, that is to the betterment of the community, but we can't forget the goal. (4wo, Alderperson Hoffman replied that the Council may have different goals but he thinks the DEC has a certain goal, which is not necessarily preventing hydropower but providing protection to a river and he thinks that is why DEC has made it so clear to the citizens who have submitted this proposal that a longer portion of the river should be designated. LO City Planner Jones answered questions from Council. Alderperson Booth stated that if it would be more meaningful and Lo gain further support on Council he would change the second Resolved in his amending resolution to read: "RESOLVED, That Common Council urges the other municipalities through which Fall Creek flows to give careful consideration ..etc." Alderperson Nichols (seconder of the amending resolution) and Mayor Gutenberger accepted the change. Alderperson Romanowski stated that he cannot support either the amendment nor the main motion because he does not believe that anyone really knows the ramification of this designation. He expressed his opinion that more time and study is needed before either the resolution or amending resolution is acted upon. Alderperson Lytel explained that his reason for voting against the amendment to the resolution was that he feels the entire water system is in fact of concern and he would like the other municipalities to know that we are not out just to protect that part of the Falls that lies within our municipality. He feels that the entire water system should be our concern. Further discussion followed on the floor on the amendment. A vote on the Amending Resolution resulted as follows: Ayes (6) - Cummings, Nichols, Johnson, Booth, Killeen, Hoffman Nays (3) - Peterson, Lytel, Romanowski Abstention (1) - Schlather (possible conflict of interest) Carried Main Motion as Amended Further discussion followed on the floor on the Main Motion as Amended. A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Peterson, Hoffman Nay (1) - Romanowski Abstention (1) - Schlather (possible conflict of interest) Carried *16.2a Ithaca Farmers' Market - Long Term Lease By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, Common Council recognizes the public benefit provided City of Ithaca residents by the Ithaca Farmers' Market, in the sense that many persons visit the Market because they enjoy the outdoor, free flowing, cultural, recreational, and social aspects of this activity, as well as the opportunity to purchase food and crafts, and 466 April 5, 1989 16 WHEREAS, for more than 15 years, the Ithaca Farmers' Market has operated on a temporary and year to year basis from various City - owned land sites, and WHEREAS, for several years, the City of Ithaca has been committed to assisting the Farmers' Market in securing a permanent site from which to operate, and WHEREAS, for most of the 1988 selling season, the Market has operated from the city -owned "Steamboat Landing" site at Third Street, and WHEREAS, the Farmers' Market has invested several thousands of dollars into improvements at Steamboat Landing, and WHEREAS, a long term lease to occupy the Steamboat Landing site is necessary if the Market is to secure the funds required to construct more permanent facilities at the site, and WHEREAS, long term lease of the Steamboat Landing site would constitute a significant contribution by the City of Ithaca to the future of the Farmers' Market, and WHEREAS, financial return to the City from lease of the site will grow with the growth and prosperity of the Market, and WHEREAS, the site will be used by the public for other events and activities during periods when the Farmers' Market is not open for business, and WHEREAS, in light of the public's continued use of this site and the rental fee which the City will receive during the term of this lease, the City of Ithaca will receive full value for this lease; now, therefore, be it RESOLVED, That Common Council does concur with proposed terms and conditions for lease of approximately 5.8 acres at the Steamboat Landing site to the Ithaca Farmers' Market for use for the sale of farm produce and home - manufactured items which are made or grown by its members within a 30 -mile radius of the City of Ithaca, and be it further RESOLVED, That Common Council does hereby authorize and direct publication of notice of the proposed lease together with the proposed terms for such lease in the manner prescribed by the City of Ithaca Charter Section 3.9, paragraph 40. Alderperson Cummings gave background information on the resolution and discussion followed on the floor on the terms of the lease. Anna Steinkraus, President of the Ithaca Farmers' Market and Attorney Guttman answered questions from the Council. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the terms of the lease for the Ithaca Farmers' Market be reduced to 10 years with a 10 year option, with mutual agreement to extend and terms to be negotiated at the end of 10 years. Discussion followed on the floor on the amending resolution. IF& M Iq LD IE 17 A vote on the amendment resulted as follows: Ayes (3) - Schlather, Romanowski, Booth Nays (7) - Cummings, Nichols, Peterson, Johnson, Lytel April 5, 1989 Killeen, Hoffman, Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the terms of the lease for the Ithaca Farmers' Market be reduced to 15 years with no renewal period. Ayes (4) - Schlather, Romanowski, Booth, Johnson Nays (6) - Cummings, Nichols, Peterson, Hoffman, Lytel, Killeen Motion Fails Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the lease be amended to provide for the right of the City to terminate the contract at the end of 1 year upon the following findings: (1) that a higher, better use of the land has been determined by Common Council, and (2) that the Farmers' Market has been fully compensated for any depreciated capital improvements made on the premises. Alderperson Schlather stated his reasons for the amendment. Ayes (3) - Schlather, Romanowski, Booth Nays (7) - Cummings, Peterson, Hoffman, Lytel, Killeen, Johnson, Nichols Motion Fails Friendly Amendment to Lease Alderperson Booth suggested that on page 3, under Article Second, the third sentence of that Article read as follows: "The minimum payment for use of the site shall in no case be less than $6,000.00 per year." Amendment to Lease By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That a new Article 18 be added to the lease as follows: "This lease shall be void should the tax assessor of Tompkins County determine that the subject parcel is not tax exempt In such event, the parties will attempt to re negotiate this lease." Article 18 as presently written (Severabillty) will become Article 19 of the lease. A vote on the amendment to the lease resulted as follows: Carried Unanimously Friendly Amendment to Lease Alderperson Schlather suggested that on page 3, under Article Second, the first sentence of that Article read as follows: "For and in consideration of the leasing aforesaid, the lessee hereby covenants and agrees to and with the lessor to pay to the lessor a base 1989 fee of four dollars ($4.00) per vendor space used at the site for each five hour period of use (excluding time required for set -up and take - down), or any portion thereof." 467 468 April 5, 1989 m Amendment to Lease By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the $6,000.00 per year under Article Second on Page 3 of the lease be changed to $7,500.00, and that the rate per vendor increase from $4.00 to $5.00 for each five hour period. Anna Steinkraus, President of the Farmers' Market spoke on the effect this rate increase would have on the membership. A vote on the amendment to the lease resulted as follows: Ayes (3) - Schlather, Booth, Romanowski Nays (7) - Cummings, Lytel, Peterson, Hoffman, Nichols, Killeen, Johnson Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (8) - Cummings, Peterson, Nichols, Johnson, Booth, Lytel, Killeen, Hoffman Nays (2) - Romanowski, Schlather Carried *16.2 Ithaca Farmers' Market - Interim Lease By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, the Ithaca Farmers' Market was granted a renewable license to operate from the Steamboat Landing site during the 1988 selling season, and WHEREAS, Common Council is in the process of finalizing the terms of a proposed long -term lease agreement with the Market for further use of the site, and WHEREAS, Council must provide a 30 -day notice to the public before it may approve said lease agreement, and WHEREAS, said lease agreement will not be approved prior to the Market's opening date of April 15, 1989; now, therefore, be it RESOLVED that Common Council does direct the Board of Public Works to grant a 60 -day renewal of last year's license, said renewal to expire on Thursday, June 8, 1989. Carried Unanimously *16.1a Route 96 - Countywide Route 96 Referendum By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, all alternatives for Route 96 affect the immediate and out -lying Ithaca community, and WHEREAS, the Ithaca Common Council has a specific responsibility to react to the recommendations to be offered by the State Department of Transportation, and WHEREAS, the City of Ithaca is cognizant of its duties to the greater Ithaca community both as County seat and as economic, cultural hub of the County; now, therefore, be it RESOLVED, That the Ithaca Common Council calls upon the Board of Representatives to place the question of Route 96 alternative preference upon the November ballot so that all voters of the County can democratically express their views and give guidance to decision - making authorities. Alderperson Killeen offered the following substitute resolution: it April 5, 1989 469 19 *16.1a Substitute Resolution Countywide Participation By Alderperson Killeen: Seconded by Alderperson Cummings WHEREAS, all alternatives for Route 96 affect the immediate and out -lying Ithaca community, and WHEREAS, the Ithaca Common Council has a specific responsibility (600", to react in a timely fashion to the recommendations to be offered by the State Department of Transportation, and WHEREAS, the City of Ithaca is cognizant of its duties to the greater Ithaca community both as County seat and as the economic, cultural hub of the County, and WHEREAS, continuing cooperation with and participation by all parties affected can only help to insure a democratic conclusion LO in shaping the maximumly benefitting 96 solution; now, therefore, be it RESOLVED, That the City of Ithaca calls upon the Tompkins County Board of Representatives as the representative of the greater M Ithaca community to continue to foster intermunicipal Q collaboration and cooperation in obtaining the best Route 96 solution while concurrently acknowledging the City's statutory duty to act on behalf of the Ithaca City community in determining the Route 96 solution, and be it further RESOLVED, That a copy of this resolution be conveyed to the Tompkins County Board of Representatives and to the Regional Office of the Department of Transportation in Syracuse. (605*e Alderperson Killeen explained his reasons for the substitute resolution. Resolution to Table By Alderperson Nichols: Seconded by Alderperson Hoffman RESOLVED, That the substitute resolution on Route 96- Countywide Participation, be tabled. Ayes (2) - Nichols, Hoffman Nays (8) - Peterson, Lytel, Johnson, Booth, Killeen, Cummings, Romanowski, Schlather Motion Fails Further discussion followed on the substitute resolution. A vote on the substitute resolution resulted as follows: Ayes (7) - Schlather, Romanowski, Lytel, Cummings, Johnson, Killeen, Booth Nays (3) - Hoffman, Peterson, Nichols Carried *16.1b Route 96 - Request to R Simberq, DOT Regional Director (4000, to Meet With Common Council By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the Common Council requests that Mr. Richard Simberq, Regional Director of the NYS Department of Transportation meet with Council to discuss Council concerns regarding the plans for the Octopus - Route 96 improvement and the process for reaching a decision on this question. Council requests that the meeting be held as soon as possible. Alderperson Cummings stated that the meeting will be held on April 17, 1989 at 7:00 p.m. 470 April 5, 1989 20 A vote on the resolution resulted as follows: Carried Unanimously *16.1c Route 96 - Rejecting the Nul Alternative and Naming Points of Agreement Among A, B, and C Alternatives By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That the Nul Alternative is unacceptable and that the Common Council urges NYSDoT that the following conditions be made part of the alternative selected for construction: (1) That all legal possibilities for controlling train traffic in the West End of Ithaca be fully explored and exhausted; and in particular, that NYSDOT be requested to assist the City in a petition to the Interstate Commerce Commission for changes in Conrail's operations, and in other steps that would minimize train disruption of traffic and emergency access. (2) That the Meadow Street /Six Mile Creek bridge and Route 13 South to the Elmira Road be widened to 5 lanes. (3) That sidewalks be maintained on both sides of all bridges and roadways within the corridor area inside the City limits. (4 ) That a bikeway be constructed adjacent to any new highway and connect to the existing and planned City bikeway network. (5) That curb lawns be maintained between the roadway and the sidewalks within the City wherever possible. (6) That the east lane of Fulton Street be used for parking until that lane is needed for moving vehicles. (7) That no new lanes be added to State Street within the project corridor, nor parking removed from State Street within the project corridor. (8) That the Seneca Street bridge over Cayuga Inlet shall be removed in such a way that it can be reused elsewhere. (9) That appropriate flowering shrubs, ground cover, trees and other plantings be used profusely throughout the urban highway especially at bridge structure locations. (10) That Brindley Street to Clinton Street be improved as a bypass for certain west end traffic. (11) That pedestrian crossing signals for safe passage of pedestrians be installed at signal lights and crossings on Meadow Street and Fulton Street. Alderperson Cummings explained the resolution and discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously *16.6 1989 -90 Community Development Small Cities Application By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council recognizes the need to continue efforts which enhance and preserve residential neighborhoods, promote job creation and retention, and improve community facilities, and WHEREAS, the Planning and Development Committee has reviewed the proposed Community Development Grant application as adopted by the Ithaca Urban Renewal /Community Development Agency and endorsed by the Planning and Development Board and the Planning and Development Committee of Common Council; now, therefore be it April 5, 1989 471 21 RESOLVED, That the Common Council approve the 1989/1990 Community Development Block Grant Small Cities budget and programs as recommended by the Ithaca Urban Renewal /Community Development Agency, and be it further RESOLVED, That the Mayor be and hereby is authorized and directed (4000, to sign upon advice of the City Attorney and the Director of Planning and Development any and all instruments necessary to submit the City's 1989/1990 Community Development application to the United States Department of Housing and Urban Development. *16.7a Floral Avenue - Sale of City Land -Tax Parcel 77 -2 -6 By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, Ithaca Neighborhood Housing Services (INHS) has LD expressed an interest in buying Tax Parcel 77 -2 -6, and Lo WHEREAS, Common Council has directed the Ithaca Urban Renewal Lo Agency (IURA) to dispose of said property in accordance with the requirements of state and local law and the established IURA m procedures for such transactions including final approval by the Q Common Council, and WHEREAS, an environmental review of this action has been performed under the appropriate City ordinance resulting in a negative declaration, and WHEREAS, the IURA has submitted to the IURA and the City a Purchase Offer for the subject parcel; now, therefore, be it Discussion followed on the floor. RESOLVED, That the Common Council does hereby approve the sale Services, and of be Tax Parcel 77 -2 -6 to Ithaca Neighborhood Housing it further RESOLVED, That said parcel be sold to INHS in accordance with the following provisions: 1. that INHS must use the land for housing for low and moderate income people in accordance with maximum requirements of applicable State and Federal law and regulation, 2. that Common Council does hereby approve the finding of the Urban Renewal Agency that INHS is an eligible sponsor for this action, 3. that the buyer and the seller shall share the cost of the survey of the property, 4. that the transfer of title shall be by warranty deed, 5. that the closing shall occur within six (6) months of the acceptance of the offer, 6. that the purchase price shall be eighteen thousand ($18,000) dollars, and be it further RESOLVED, That Common Council does hereby find that the disposition is in accordance with the Urban Renewal Plan and with New York State General Municipal Law Article 15 Section 507 2D, and be it further RESOLVED, That the Mayor is hereby authorized and directed upon advice of the City Attorney and the Director of Planning and Development to execute any and all instruments necessary for the effectuation of this land disposition. Discussion followed on the floor. 472 April 5, 1989 22 Alderperson Schlather stated that the Council had talked about swapping some land for this as opposed to INNS paying $18,000.00 and he asked if that was pursued at all. Alderperson Cummings stated that it was discussed and the agency did not choose to pursue it. Mayor Gutenberger stated that there was not enough support for it. Alderperson Cummings remarked that the reason that the agency did not want to do that was because they chose to grant INNS the flexibility to devise their project, believing that of all entities in the City which we should be able to trust to work out a system compatible with the neighborhood, that INHS was the entity. It was also understood that at the same time, a master planning process was underway on West Hill in which portions of park land were being set aside appropriately in locations which were more suited to it than creating this kind of pocket piece of land not attached to anything consistent with the West Hill plan. Planning and Development Director Van Cort stated that part of it was to keep it simple; the more complicated it gets, the harder it is going to be to carry it out and this is a straight forward thing, a cash sale without transfers back and forth of land. It was decided that the way that we would have the greatest possibility to getting this done on schedule, which is very important for the Community Development application, was to keep it as simple as possible. Further discussion followed on the floor. Alderperson Schlather stated for clarification that the West Hill Master Plan is not talking about taking the entire parcel of the west side of the street. It is allowing a buildable piece on the west side of the street with a corridor that is about 50 feet wide that goes to the back of the parcel. It would be the back of the parcel that would in fact be the park land, but there would be access to Chestnut Street and that would be consistent with INHS's plans for building on that site. He stated that he is disappointed that we don't make that part of the consideration. That land should be kept protected as future park land. Further discussion followed on the floor on the appraisal and the procedure used for this process. A vote on the resolution resulted as follows: Ayes (8) - Booth, Cummings, Killeen, Peterson, Johnson, Lytel, Nichols, Hoffman Nays (2) - Schlather, Romanowski Carried *16.7b Floral Avenue Land Sale Proceeds By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That any and all proceeds from the sale of the City owned land on Floral Avenue known as tax parcel 77 -2 -6, be deposited in the City's Housing Trust Fund to be used for the provision of housing for low and moderate income people. Ayes (9) - Cummings, Johnson, Nichols, Lytel, Killeen, ` Peterson, Hoffman, Schlather, Booth Nays (1) - Romanowski Carried April 5, 1989 473 23 Hydropower - Six Mile Creek Town of Ithaca South Hill Recreation Way on these two items. She will Alderperson Cummings made no report report on the South Hill Recreation Way at next month's meeting. BUDGET AND ADMINISTRATION COMMITTEE: (400e *15.1 Authorization to Release Tom kins Count Art Council Funding By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the Arts Council of Tompkins County requested and received an appropriation of $5,000 from the City as our contribution to their United Arts Fund for 1989, and WHEREAS, said appropriation has not yet been disbursed, and LO WHEREAS, the Arts Council itself is undergoing a serious %q financial and organizational crisis, calling into question its IS) ability to survive as an organization, and Z WHEREAS, Tompkins County has recently voted to give $15,000 to m the Council for administration, and Q WHEREAS, the amount the Arts Council needs is $25,000 to guarantee its continued operation, and WHEREAS, should the City not contribute to the effort to save the Arts Council at this critical point in its history, the United Arts Fund to which the City has contributed may not continue to exist in the future; now, therefore, be it RESOLVED, That the City does hereby authorize the Arts Council of Tompkins County to reprogram the $5,000 City contribution for emergency operating support for 1989, with the understanding that in the future, if the Arts Council wishes to seek operating support from the City of Ithaca, it must do so with a proposal designed to solicit such support. Resolution to Table By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the resolution for authorization to release Tompkins County Arts Council funding be tabled. Carried Unanimously *15.2 Addition of One Half -time Housing Inspector III By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That a half -time Housing Inspector III position be added to the Personnel Roster of the Building Department for 1989, and that the $8,000 authorized in the 1987 budget be transferred from A3620 -435 Contractual Services to A3620 -110 Personal Services to reflect such addition, and be it further RESOLVED, That said increase in the Building Department Roster is authorized for the 1989 fiscal year only. Carried Unanimously *15.3 Standardization of Fire Fighter Uniforms By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the Ithaca Fire Department contractually provides a uniform allowance for its career fire fighters for the purpose of obtaining uniforms for employees of the Fire Department, and WHEREAS, the purpose of the uniform is to properly identify employees of the Fire Department while they perform their duties in the public by requiring them to wear like and recognizable clothing, and WHEREAS, past efforts at insuring a uniform appearance while providing quality garments have not been successful due to ranges 4'74 April 5, 1989 24 in quality, style and color as a result of the competitive bidding process, which has resulted in fire fighters uniforms being non - uniform in appearance and style, and WHEREAS, continuing efforts to address these problems in the bid specifications do not yield improvement, but serve only to build in delays and difficulties in obtaining proper uniforms, as the unique problems presented by each low bidder's product are thrust "48) into the system, and WHEREAS, current technology has developed flame retardant station -wear for fire fighters, and flame retardant uniforms are highly desirable as a means of improving fire fighter safety by upgrading the protective envelope that fire fighters wear when performing hazardous duties, and WHEREAS, a period of "discovery" with regard to uniform specification and purchasing has revealed that Lion Uniform, Inc. provides a consistently high quality uniform in style, material and color, and also provides fire retardant station wear, and WHEREAS, Lion Uniform has marketed uniforms for many years which are currently purchased by other uniformed agencies in the City of Ithaca and the Ithaca area with apparent high levels of satisfaction with regard to performance and quality, and WHEREAS, the open competitive bidding process does not guarantee that the lowest responsible bidder will be able to provide flame retardant uniforms in a color and style consistent with other uniforms purchased, and WHEREAS, Lion Uniforms, Inc. has no less than three different vendors in New York State that will be able to submit competitive bids for such uniforms, and WHEREAS, Section 103.5 of the General Municipal Law of the State of New York provides that a municipality may authorize standardization of equipment, materials or supplies for reasons of efficiency and economy; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby approve the designation of Lion Uniform, Inc. of Dayton, Ohio, as the sole source supplier of uniforms for the Ithaca Fire Department for 1989. Carried Unanimously *15.4 Parking Enforcement Program By Alderperson Schlather: Seconded by Alderperson Nichols WHEREAS, the Board of Public Works in conjunction with the Police Department has recommended the addition of one Parking Enforcement Officer, and WHEREAS, the Superintendent and the Board of Public Works and the Police Chief jointly agree that this expanded Parking Enforcement Program should be performed under the administration of the Police Department; now, therefore, be it RESOLVED, That one Parking Enforcement Officer be added to the Police Department Roster, and be it further RESOLVED, That the 1989 Budget be amended as follows to accommodate such addition: A. Appropriations are increased by an amount not to exceed $13,000 A3120 -100 A3120 -400 $9,443 $3,557 April 5, 1989 475 25 B. Revenues from Traffic Violations shall be increased to reflect additional Enforcement Fines and Penalties, A2610 $13,000 (Wooel Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 15.5 Increase Capital Project for Stewart Avenue Bridge Reconstruction By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, Engineering estimates for the reconstruction of the Stewart Avenue Bridge have been established at $500,000, and LD WHEREAS, the State Department of Transportation has agreed to LO LO fund an amount not to exceed $1001 000 toward said reconstruction, and WHEREAS, the existing authorization for the Stewart Avenue Bridge Q reconstruction project is $261,000; now, therefore, be it RESOLVED, That Capital Project #219, Stewart Avenue Bridge Reconstruction, be increased by $239,000, and that the Amended Financial Plan be established as follows: Transfer from Capital Reserve #4 $ 20,000 State Aid 5100,000 Bond Anticipation Notes $380,000 Total $500,000 Carried Unanimously *15.6 Public Works Personnel Roster By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add One Senior Account Clerk Typist Delete : One Micro Computer Operator and be it further RESOLVED, That Cynthia Percey be permanently appointed to the position of Senior Account Clerk Typist at an annual salary of $14,981, which is Step 3 of the CSEA Administrative Unit 40 Hour Work Week Compensation Plan, effective April 10, 1989. Carried Unanimously *15.7 Dental Program Participation by Retirees Alderperson Schlather: Seconded by Alderperson Cummings By to WHEREAS, retirees of the City of Ithaca are allowed participate in the City Health Insurance Plan, provided that the retiree assumes the cost of the insurance premium and participates in the Plan in accordance with the policies and procedures established by the Ithaca Common Council, the Insurance Carrier and the appropriate Collective Bargaining Agreements; now, therefore, be it 47E; RESOLVED, That the retirees to participate in the City the retiree assumes the participates in the Plan procedures which currently City Health Insurance Plan. April 5, 1989 26 of the City of Ithaca also be allowed Dental Insurance Plan, provided that cost of the insurance premium and in accordance with the policies and govern retiree participation in the Carried Unanimously *15.8 Authorization to Fund Legal Services for Arbitration By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990, Unrestricted Contingency to the City Attorney's account A1420 -430, Fees for Professional Services, for legal fees in connection with a personnel related arbitration hearing. Carried Unanimously *15.9 Youth Bureau Increased Authorization for Equipment By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the estimated cost of acquiring the van on the Authorized Equipment List for the Youth Bureau be increased by $1,510, and be it further RESOLVED, That $1,510 be transferred from Account A1990, Unrestricted Contingency, to the Youth Bureau Account A7310 -215, Vehicles. Carried Unanimously *15.10 Planning Department Contract By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That $2,141 be transferred from Account A1990, Restricted Contingency for Planning Purposes, and that $5,403 be transferred from Account A1990, Unrestricted Contingency to the Planning Account A8020 -435, Contractual Services, for the purpose of making the final payment to Rice Associates in connection with Cable Television Consulting Services rendered. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That the entire amount be taken from Unrestricted Contingency. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (5) - Cummings, Killeen, Lytel, Peterson, Johnson Nays (5) - Hoffman, Nichols, Romanowski, Schlather, Booth Mayor Gutenberger voted Nay, breaking the tie. Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (5) - Romanowski, Schlather, Booth, Hoffman, Nichols Nays (5) - Cummings, Killeen, Johnson, Peterson, Lytel Mayor Gutenberger voted Aye, breaking the tie. Carried *15.11 Police Department Equipment List Amendment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1989 Authorized Equipment List for the Police Department be amended as follows: Decrease Account A3120 -205, Furniture & Fixtures $250 Increase Account A3120 -225, Other Equipment $250 Carried Unanimously 19, LO Iq Lo m a 1�q_ 27 *15.12 Day Care Program Authorization By Alderperson Schlather: Seconded by RESOLVED, That the City of Ithaca Day adopted as recommended by the Day c further April 5, 1989 Alderperson Johnson Care Assistance Program be are Committee, and be it RESOLVED, That $80,000 be transferred from Account A1990 Restricted Contingency to the appropriate operating accounts as determined by the City Controller and Personnel Administrator, for the purpose of implementing said program. Carried Unanimously *15.13 Revenue Anticipation Note By Alderperson Schlather: Seconded RESOLVED, That the City Controller Anticipation Notes as required to through December 31, 1989. by Alderperson Killeen be authorized to issue Revenue meet Cash Flow requirements Carried Unanimously *15.14 Finance Department Equipment List Amendment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Authorized Equipment List for the Finance Department be amended by adding one Personal Computer to be utilized by the City Clerk's Office, and be it further RESOLVED, That an amount not to exceed $1,600 be transferred from Account A1990, Unrestricted Contingency to Finance Department Account A1315 -225, Other Equipment, for said purpose. Carried Unanimously *15.15 Audit By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #6/1989, in the total amount of $32,258.43, be approved for payment. Carried Unanimously RESOLUTION TO EXTEND MEETING: By Alderperson Romanowski: Seconded by Alderperson Killeen RESOLVED, That this Common Council meeting be extended until 12:30 a.m. A vote on the resolution resulted as follows: Ayes (9) - Romanowski, Killeen, Cummings, Booth, Lytel, Johnson, Schlather, Hoffman, Peterson Nay (1) - Nichols Carried HUMAN SERVICES COMMITTEE: Fire Department Long Range Planning - Report Alderperson Peterson stated that there needs to be Common Council representatives appointed to the Long Range Planning Fire Committee which has not been started yet and needs to be set up as soon as possible. Resolution By Alderperson Nichols: Sec RESOLVED, That Alderpersons serve as Common Council Planning Fire Committee. onded by Alderperson Johnson Booth and Killeen be appointed to representatives on the Long Range Carried Unanimously 4'7'7 478 April 5, 1989 M UNFINISHED AND MISCELLANEOUS BUSINESS: *21.1 Amendments to Smoking Ordinance Amendments as Proposed by the Charter and Ordinance Committee By Alderperson Booth: Seconded by Alderperson Killeen 1. RESOLVED, That: A. Section 67.5 (C) of Chapter 67 is amended as follows: C. Smoking may be permitted in a separate enclosed room or rooms in a [food service establishment,] clubhouse, or service club. Provided, any such room, or any such rooms taken collectively, that the owner, operator, manager, sponsor or person in charge of that facility provides for smoking purposes shall not exceed [thirty] fifty percent of the seating capacity of that establishment or of the area occupied by customers in that establishment, whichever calculation results in the larger area being maintained as a smoke -free area. Where such a room or rooms is provided for smoking, notice thereof shall be prominently posted at each entrance to the facility. In those establishments in which one or more separate enclosed rooms are provided for smoking, each patron shall be given an opportunity to state his /her preference regarding where the patron wishes to be seated. This provision shall not be deemed to permit smoking under any conditions in a food service establishment. B. Section 67.10 (F) is amended by adding the following sentence to said subdivision (F) : "This subdivision shall not apply to any food service establishment." 2. If Item 1 is not adopted: RESOLVED, That: Section 67.5 (C) of Chapter 67 is amended as follows: C. Smoking may be permitted in a separate enclosed room or rooms in a [food service establishment,] clubhouse, or service club. Provided, any such room, or any such rooms taken collectively, that the owner, operator, manager, sponsor or person in charge of that facility provides for smoking purposes shall not exceed [thirty] fifty percent of the seating capacity of that establishment or of the area occupied by customers in that establishment, whichever calculation results in the larger area being maintained as a smoke -free area. Where such a room or rooms is provided for smoking notice thereof shall be prominently posted at each entrance to the facility. In those establishments in which one or more separate enclosed rooms are provided X for smoking, each patron shall be given an opportunity to state his /her preference regarding where the patron wishes to be seated. Alderperson Booth explained the resolution and discussion followed on the floor. 0 Iq LO T M Q April 5, 1989 479 29 Adoption of Items lA and 1B of Agenda Item 21.1 By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves of Item 1A and 1B of the foregoing resolution. Ayes (3) Nays (7) - Booth, Peterson, Hoffman - Schlather, Romanowski, Johnson, Cummings, Lytel, Killeen, Nichols Motion Fails Adoption of Item 2C of Agenda Item 21.1 By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That this Common Council approves of Item 2C of the foregoing resolution. Ayes (2) - Booth, Hoffman Nays (8) - Schlather, Peterson, Cummings, Killeen, Nichols, Romanowski Johnson, Lytel, Motion Fails CHARTER AND ORDINANCE COMMITTEE: *17.7 Amendments to City Smoking Ordinance By Alderperson Booth: Seconded by Alderperson Killeen WHEREAS, in order to protect the public health and City of Ithaca has adopted an ordinance regulating public places and work places, and safety the smoking in WHEREAS, since the adoption of that ordinance Common Council has discussed at length various possible amendments to that (too,, ordinance, particularly as it applies to food service establishments; now, therefore, be it 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 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 purposes 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 New York State standards governing the maintenance of business records for liquor licenses.". Section 2. Section 67.5 (C) of said ordinance is amended to read as follows: "C. Smoking may be permitted in a separate enclosed room or rooms in a food service establishment, clubhouse, or service club. Provided, any such room, or any such rooms taken collectively, that the owner, operator, manager, sponsor or person in charge of that facility provides for smoking purposes shall not exceed (thirty] fifty percent of the seating capacity of that establishment or of the area occupied by customers in that establishment, whichever calculation results in the larger area being maintained as a smoke -free area. Where such a room or rooms is provided for smoking, April 5, 1989 30 notice thereof shall be prominently posted at each entrance to the facility. In those establishments in which one or more separate enclosed rooms are provided for smoking, each patron shall be given an opportunity to state his /her preference regarding where the patron wishes to be seated. "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, as certified annually by the owner of such establishment to the City Attorney, provided such establishment complies with the 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 in such establishment sufficient to meet customer demand, which non - smoking area shall be a contiguous section comprising in any event not less than thirty percent of the seating 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. (3) Such food service establishment shall be separately enclosed from any other indoor area open to the public. Section 3. This ordinance shall take effect immediately following publication of a notice as provided by Section 3.11(B) of the Ithaca City Charter. NOTE: [bracketed] language is deleted language. underlined language is new language. Ayes (7) - Schlather, Romanowski, Lytel, Cummings, Killeen, Johnson, Nichols Nays (3) - Booth, Hoffman, Peterson Carried *17.1 Local Law (Laid on Table by City Attorney on March 27, 1989) to Amend City Charter (Section 5.30(2)) Respecting the Penalty Paid for City Work Undertaken to Repair Sidewalks By Alderperson Booth: Seconded by Alderperson Cummings LOCAL LAW NO. OF THE YEAR 1989 A LOCAL LAW AMENDING ARTICLE 5, SECTION 5.30 ENTITLED "ASSESSMENTS FOR SIDEWALK IMPROVEMENTS ", SUBDIVISION 2 THEREOF ENTITLED "COLLECTION OF EXPENSE ", OF THE CITY OF ITHACA CHARTER. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 5.30, SUBDIVISION 2, OF THE CITY OF ITHACA CHARTER Section 5.30, Subdivision 2, of the City of Ithaca Charter is hereby amended to read as follows: W, D LO Iq Lo _ M Q O 31 2. Collection of Expense. April 5, 1989 481 Any expense incurred by the Board pursuant to the provisions of Sections 5.27 and 5.29 shall be collected in the following manner: The Superintendent of Public Works shall report to the Board the expense incurred in behalf of each owner; the Board thereupon shall review the same, and if found to be correct, shall so certify to the City Clerk, who shall forthwith mail to the owner at the address appearing upon the tax roll, a notice of assessment, stating the date the expense was incurred, the nature thereof, and the cost, together with a twenty -five percent (25 %) penalty thereon. The owner may protest such assessment within thirty (30) days of the date of such notice, either by personal appearance at a regular meeting of the Board, or by a written protest filed with the City Clerk; the Board shall thereupon review such assessment and make such adjustment thereon as it may determine just and equitable; whereupon such assessment shall become final. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the office of the Secretary of State. Carried Unanimously *17.2 Local Law (Laid on Table by City Attorney on March 27, 1989) to Amend City Charter (Section 7.12) with Respect to Sick Leaves and Parentinq Leaves By Alderperson Booth: Seconded by Alderperson Schlather LOCAL LAW NO. OF THE YEAR 1989 A LOCAL LAW AMENDING ARTICLE VII ENTITLED "MISCELLANEOUS PROVISIONS" OF THE CHARTER OF THE CITY OF ITHACA. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION I. That Article VII entitled "Miscellaneous Provisions" of the Charter of the City of Ithaca is amended as follows: Section 7.12 Entitled "Sick Leave for Officers and Employees" subdivision B(3) thereof is amended as follows: 3. No continuous sick leave exceeding the three days shall be allowed except upon the certification of a physician to be filed with the department head not later than the fourth day, stating the nature of the illness and the probable period of disability. The department head may require such certificate in any other case. This requirement shall be waived, however, for any employee taking a parenting leave. Any employee taking a parenting leave shall be entitled to use up to eight weeks accumulated sick leave without providing a doctor's certificate. Parenting leaves shall be available to both male and female employees and shall be available only in the case of child birth or adoption. Employees may use additional sick time at the end of the eight week period for parenting leave upon presentation of a doctor's certificate relating to the child and /or parent attesting to the necessity for such continued leave from employment. M, 32 SECTION 2. EFFECTIVE DATE. April 5, 1989 This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Carried Unanimously *17.3 Proposed Ordinance Amending Chapter 31 of the City Code Pertaining to Certain Services Provided by the City to Residential Subdivisions Resolution to Table By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the proposed ordinance amending Chapter 31 of the City Code pertaining to certain services provided by the city to residential subdivisions be tabled. Carried Unanimously *17.4 Sale of Alcoholic Beverages_ on Ithaca Commons by T.J. Tuesdays Restaurant By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, in 1988 the City of Ithaca issued a license to T.J. Tuesdays Restaurant allowing that restaurant to utilize certain areas on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at T.J.Tuesdays, including the sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, That this Common Council hereby approves a revocable license agreement between the City of Ithaca and T.J. Tuesdays upon the terms and conditions set forth in the application therefor, including minimum Dram Shop coverage in the amount of $500,000. Ayes (9) - Schlather, Romanowski, Cummings, Lytel, Killeen, Nichols, Peterson, Hoffman, Johnson Nay (1) - Booth Carried *17.5 Sale of Alcoholic Beverages on Ithaca Commons bV Simeon's Restaurant By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, in 1987 and 1988 the City of Ithaca issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and April 5, 1989 p 483 33 WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, That Common Council hereby approves a revocable license agreement between the City and Simeon's Restaurant that includes the sale of alcohol in accord with the terms and conditions set LO forth in the application therefor, including minimum Dram Shop d' coverage in the amount of $500,000. LO Ayes (9) - Schlather, Romanowski, Peterson, Hoffman, Lytel, Johnson, Nichols, Cummings, Killeen CD Nay (1) - Booth Q Carried *17.6 Cable Industry Deregulations (Resolution to Congress) By Alderperson Booth: Seconded by Alderperson Nichols 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, State and local governments have historically held the right to regulate and oversee the rates and services of public utility monopolies and cable franchises; 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 substantial competition 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. Ayes (9) - Schlather, Booth, Nichols, Johnson, Killeen, Lytel, Cummings, Peterson, Hoffman Abstention (1) - Romanowski (conflict of interest) (600", Carried City /County Cooperation on Large Project Review - Referred to Committee Alderperson Booth withdrew this Item from the agenda. *17.9 Referrals of Liquor License Applications for City Comments By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, on September 3, 1980 Common Council of the City of Ithaca adopted a procedure governing the review of applications for liquor licenses, and • April 5, 1989 34 WHEREAS, it is desirable to alter the review process previously established; now, therefore, be it RESOLVED, That this Common Council amend the existing procedure by replacing the First and Second "Be it further Resolved" clauses in that September 3, 1980 resolution with the following language: "Be it further Resolved, That all such notifications of applications to sell alcoholic beverages inside the corporate limits of the City of Ithaca shall be reviewed by the Mayor and that the Mayor shall coordinate any additional review thereof by any City committee, board, agency, commission or official as the Mayor deems is necessary or desirable. Be it further Resolved, That the Ithaca Police Department is directed to make available to the Mayor reports of all complaints that are made with respect to any holder of a liquor license in the City of Ithaca." Carried Unanimously *17.10 Amendment to City Zoning Ordinance with Respect to Enlargement of Non - conforming Uses By Alderperson Booth: Seconded by Alderperson Schlather 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 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 1.4w) in section 3.11 (B) of the Ithaca City Charter. Carried Unanimously HUMAN SERVICES COMMITTEE: *18.1 Willard Straight Takeover Commemoration By Alderperson Lytel: Seconded by Alderperson Nichols WHEREAS, April 1989 marks the twentieth anniversary of the "takeover" of Willard Straight Hall on the Cornell University campus, and April 5, 1989 485 35 WHEREAS, this historic event and the associated activities that involved many thousands of students and staff had a significant impact on and beyond the Cornell campus, and upon the Ithaca community, and WHEREAS, the events of April 1969 were pivotal events in the history of the continued struggle for civil rights for all Americans, and WHEREAS, the maintenance/ storage building at Stewart Park was designated as this community's mass detention facility should large scale arrest and detention be deemed necessary, and WHEREAS, the university continues to hold investments in companies that support racial oppression in South Africa; now, therefore, be it If) RESOLVED, That the City urges Cornell University to divest itself Lo Lo of companies paying dividends to shareholders earned by the exploitation of the South African workforce, and be it further RESOLVED, That the City shall place a plaque on the Q maintenance /storage building recognizing its designation as a mass detention facility in the Spring of 1969 so that the active local struggle for racial equality and civil rights can forever be recognized by all who visit the calm and peaceful surroundings of Stewart Park, and be it further RESOLVED, That this Common Council calls upon all citizens to pause on April 19, 1989 to reflect upon the events of twenty (M0001 years ago and the underlying causes that provoked the takeover that continue to be unresolved. Discussion followed on the floor. Statements were made by Alderpersons Lytel and Romanowski. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Nichols RESOLVED, That the 4th 'Whereas' and the second 'Resolved' of the resolution be deleted, and that in the last 'Resolved', the word 'causes' be deleted and the words 'still unresolved problems' be inserted in its place. Ayes (7) - Schlather, Cummings, Nichols, Johnson, Killeen, Peterson, Hoffman Nays (3) - Romanowski, Lytel, Booth Carried Amending Resolution By Alderperson Killeen: Seconded by Alderperson Peterson RESOLVED, That the following two Resolved paragraphs be substituted for the final Resolved: "RESOLVED, That this Common Council proclaims the week of April (400... 17 - 21, 1989 "Human Rights Week" as an occasion to ponder human rights and recollect the events of 20 years ago, and be it further RESOLVED, That this resolution shall call upon places of public assembly as well as the media to aid in focusing upon the present and future lessons to be drawn from the historic Straight 'Takeover' of 1969." Carried Unanimously 4861 36 Main Motion as Amended The Main Motion as Amended is as follows: Apt-if 5, 1989 WHEREAS, April 1989 marks the twentieth anniversary of the "takeover" of Willard Straight Hall on the Cornell University campus, and WHEREAS, this historic event and the associated activities that involved many thousands of students and staff had a significant impact on and beyond the Cornell campus, and upon the Ithaca community, and WHEREAS, the events of April 1969 were pivotal events in the history of the continued struggle for civil rights for all Americans, and WHEREAS, the university continues to hold investments in companies that support racial oppression in South Africa; now, therefore, be it RESOLVED, That the City urges Cornell University to divest itself of companies paying dividends to shareholders earned by the exploitation of the South African workers, and be it further RESOLVED, That this Common Council proclaims the week of April 17 -21, 1989 "Human Rights Week" as an occasion to ponder human rights and recollect the events of 20 years ago, and be it further RESOLVED, That this proclamation shall call upon places of public assembly as well as the media to aid in focusing upon the present and future lessons to be drawn from the historic Straight "Takeover" of 1969. A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Nichols, Lytel, Cummings, Peterson, Johnson, Killeen, Hoffman, Romanowski Nay (1) - Booth Carried *18.3 Criteria for Fundinq Human Services Agencies By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca will consider appropriating a portion of its 1990 general operating funds for support of local human service agencies, and WHEREAS, the Human Services Coalition is funded in part by the City of Ithaca to provide an objective overview of human service needs and provision, and to evaluate requests for City support; now, therefore, be it RESOLVED, That all 1990 requests for city funding from private agencies seeking to provide non- mandated human services shall be submitted to the Human Services Coalition for review and by their time deadlines, and be it further RESOLVED, That the Coalition shall report its findings to the Human Services Committee of Common Council by August 15, 1989, and be it further RESOLVED, That the following criteria shall be used by the Coalition in its review of requests: A -1. The application shall be received by the Human Services Coalition by Friday, May 26, 1989 and the applicant must complete the Human Services Coalition review process in a timely manner. W_ 37 April 5, 1989 QQ �97 A -2. An application may be reviewed either through the Human Services Coalition review for human services proposals, or through the process review for other types of proposals, but not both. - A-3. The applicant must also request funding from the County and /or appropriate town(s) if more than 5% of those served by the proposal are not city residents. A -4 Applicant must submit the following materials: budgets for 1989 and 1990, financial reports for 1987 and 1988, and enumeration of other funding sources. A -5. If the applicant received city funds in 1989, the applicant shall have demonstrated that they performed effectively under the contract. (0 B. The Coalition shall award points for the degree to which #� the proposal meets the following criteria, on a scale of 1 to 5, (i} 5 being the most desirable rating, for each criterion; if H-A applicant does not supply sufficient information for Coalition to make a judgment, the proposal receives zero points in each such case. B -1. Proposal will serve city residents in proportion to city funding requested compared to total program budget. B -2. The proposal will serve an identified need which does not duplicate another service, with higher points allocated in proportion to the severity of the problem (WMOO� in the city. B -3. Points will be allocated in proportion to the severity of the effect on or demand for services from city departments and /or other human service providers if this proposal is not funded by the city. B -4. The proposal is designed to effectively meet the needs of its clients; proposal includes measurable objectives. B -5. The agency has been effective in securing and managing needed fiscal resources, e.g., developed internal controls, sought other funds, invested reserves..... B -6. Population to be served by proposal can be shown to be a population in financial need (i.e. federal poverty guidelines). B -7. Agency has thoroughly sought other sources of funding. B -8. Agency has demonstrated extreme financial need for itself due to increased case load or loss of funding or extreme financial 'need on the part of the clients it serves - up to 3 points. B -9. The request for city funding is less than half of that requested for County funding, and be it further RESOLVED, That the Human Services Coalition shall review all proposals that meet criteria A -1 through A -4, shall recommend whether each request should be fully or partially funded, and shall consider both new and previously funded agencies, and shall inform the applicant of the Coalition's recommendation and make a copy of such report available to the applicant. Carried Unanimously r in April 5, 1989 *18.4 Funding Guidelines By Alderperson Peterson: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca recognizes its commitment to supporting human services delivery for its citizens, and WHEREAS, an indication of the financial level of support assists the Human Services Coalition in recommending dollar amounts for each agency; now, therefore, be it RESOLVED, That the city will make every effort to meet, at least, the amount of 1989 human services funding, which sum included the allocation to the Human Services Coalition ($98,922). Ayes (9) - Booth, Peterson, Nichols, Killeen, Lytel, Romanowski, Hoffman, Johnson, Cummings Nay (1) - Schlather Carried *18.5 Proposed State Budget Cuts for Youth Services By Alderperson Peterson: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca has long been providing outstanding services to youth in our community, and WHEREAS, it is widely recognized that youth development / delinquency prevention programs provide benefits to the youths and community in which they live, and WHEREAS, New York State has, for more than 40 years, assisted in funding such vital programs; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca urges the Governor and Legislature to restore the New York State Division for Youth Local Services appropriation to 1988 -89 levels, and to remove or oppose the language in Article 7 of the proposed 1989- 90 budget that repeals Executive Law, Section 420, Article 19A, and be it further RESOLVED, That this resolution be immediately forwarded to the Comptroller, Department of Budget and Finance, Governor Cuomo, Honorable Martin Luster, Honorable James Seward, Honorable Mary Goodhue, Honorable Al Vann. Carried Unanimously Fire Department Long Range Planning - Report Alderperson Peterson stated that in regards to the Fire Department Long Range Planning, there is a great urgency that this committee meet as soon as possible. She requested that someone take charge and set the meeting up as there is a July 1 deadline on ideas for long range planning. rr Mayor Gutenberger stated that the Town Board meets on April 10 to make their appointments, Council made theirs tonight, there is still a representative from the Union that needs to be appointed. NEW BUSINESS: Appeal of Landmarks Preservation Commission Decision - 132 North Quarry Street - Owner Jason Fane - Refer to Committee By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the matter of the appeal of the Landmarks Preservation Commission decision regarding 132 North Quarry Street demolition be referred to the Planning and Development Committee. Carried Unanimously Nature of Council Meeting with Richard Simberg, NYS DoT Alderperson Nichols wished to clarify that this is a Committee of the Whole meeting of Common Council, not a Planning and Development Committee meeting. April 5, 1989 489 39 City Water for Community Gardens Alderperson Nichols reported that last summer the Community Gardens used 80,000 gallons of water over the season. The cost of the payment on that meter was $720.00. The City Engineer has stated that he doesn't think that should be paid out of the water fund. Unless he is specifically instructed to do so he is not going to connect the water meter for the Community Gardens until the question of who is going to pay for the water is resolved. Discussion followed on the floor. The matter will be investigated. EXECUTIVE SESSION: On a motion the Common Council adjourned into Executive Session at 12:30 a.m. and reconvened in Regular Session at 12:45 a.m. BUDGET AND ADMINISTRATION COMMITTEE: Police Benevolent Association Contract By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Agreement between the City of Ithaca and the Police Benevolent Association for a new three -year contract commencing January 1, 1989 and expiring on December 31, 1991, be approved as recommended by the City's Negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the Contract on behalf of the City under its corporate seal. A vote on the resolution resulted as follows: Ayes (9) - Nay (1) - Romanowski, Killeen, Nichols, Johnson, Hoffman, Lytel, Cummings, Booth Schlather Carried Peterson, ADJOURNMENT: On a motionthe meeting adjourned at 12:50 a.m. Callista F. Paolangeliv City Clerk a 451 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. April 5, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Romanowski, Schlather, Peterson, Lytel, Killeen OTHERS PRESENT: City Clerk - Paolangeli Deputy City Controller - Cafferillo City Attorney - Nash Director, Planning & Development - Van Cort LO Police Chief - McEwen Acting Personnel Administrator - Walker Building Commissioner - Datz (� Director of Youth Bureau - Cohen T Fire Chief - Olmstead m Board of Public Works Commissioner - Reeves Q PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the February 1, 1989 Common Council Meeting By Alderperson Nichols: Seconded by Alderperson Schlather RESOLVED, That the Minutes of the February 1, 1989 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the March 1, 1989 Common Council Meetinq By Alderperson Romanowski: Seconded by Alderperson Nichols RESOLVED, That the Minutes of the March 1, 1989 Common Council meeting be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Chapter 30 of the City of Ithaca Municipal Code Entitled 'Zoning', Section 30.49 Subdivision C (Extension or Enlargement of Non - conforming Uses or Structures Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the Public Hearing to consider an ordinance amending Chapter 30 of the City of Ithaca Municipal Code entitled 'Zoning', Section 30.49 Subdivision C (Extension or Enlargement of Non - conforming Uses or Structures) be declared open. Carried Unanimously Alderperson Booth gave an analysis and history of the proposed zoning amendment. No person appeared to address the public hearing. Resolution to Close Public Hearinq By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider an ordinance amending Chapter 30 of the City of Ithaca Municipal Code entitled 'Zoning', Section 30.49 Subdivision C (Extension or Enlargement of Non - conforming Uses or Structures) be declared closed. Carried Unanimously 452 E April 5, 1989 Public Hearing - An Ordinance Amending the Official Zoning Map of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Area Located in the R -3b, Residence District Reclassified and Changed to the R -2b, Residence District - Miller Street Re- zoning) Resolution to Open Public Hearing By Alderperson Johnson: Seconded by Alderperson Cummings RESOLVED, That the Public Hearing to consider amending the official zoning map of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Area Located in the R -3b, Residence District, Reclassified and Changed to the R -2b, Residence District - Miller Street Re- zoning) be declared open. Carried Unanimously Alderperson Cummings gave background on the ordinance. Elspeth Rhodin, 222 Miller Street, addressed Council and stated that she is in favor of the re- zoning of the Miller Street area. William Lower, 433 Floral Avenue, stated to Council that he is not opposed to the whole project of re- zoning the Miller Street area but he has a piece of property on Maple Avenue and he wished to express his objections to taking some part of that property and making it into an R -2b zone. He explained that he bought the property as R -3b and its intended use by him was to develop it under the R -3b zone. While it will not drastically or even substantially change his intentions, it does make him feel that somewhere in the future it will make it complicated to finish a project that he had intended to go ahead with. Mr. Lower said that he would like to see the re- zoning go around his property so that it doesn't interfere with what he has planned, which is to build about 32 units. Linda Cau he Y, 125 Pearl Street , expressed concerns about parking, the construction that is going on in that area, the narrow streets, and she stated that in order to preserve the neighborhood and to keep it a nice residential area, the zoning needs to be changed. Gertrude Ervay, 115 Pearl Street, spoke to Council and urged the Council to rezone the area to R -2b. Mildred Kirby, 205 Cobb Street, addressed Council regarding the student housing that is being built in the area of Miller Street. She remarked about the parking problems in the area and the traffic congestion. She urged Council to make the area residential which the residents need. Christopher Muller, 207 Cobb Street, stated that he is in favor of re- zoning the Miller Street area. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Booth 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 (re- zoning Miller Street area to R -2b, Residence District) be declared closed. Carried Unanimously Public Hearing - Proposed Disposition Through the Ithaca Urban Renewal Agency (IURA) of Tax Parcel No. 77 -2 -6 on Floral Avenue Resolution to Open Public Hearing By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider the proposed disposition through the Ithaca Urban Renewal Agency (IURA) of tax parcel No. 77 -2 -6 on Floral Avenue be declared open. Carried Unanimously Alderperson Cummings explained the reason for the public hearing. April 5, 1989 Dennis Wille, 201 Third Street, urged Common Council to support this issue. He stated that the acquisition of this parcel by INNS is not only essential to the successful development of the mutual housing in that location but it is also essential to the 's Community Development Block Grant success of this year Application. Resolution to Close Public Hearing (40000� By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That the Public Hearing RenewaderAgency proposed disposition through the I thaca parcel No. 77 -2 -6 on Floral Avenue be declared aclosed. Unanimously Clarification on the Miller Street Re-zoning Mayor Gutenberger stated for clarification that tonight was the public hearing on the Miller Street re- zoning and the LO environmental review and vote will be at the May Common Council ,;Q' meeting. LD Presentation of Centennial Photo ra h of Common Council Members Harvey Ferdschneider presented the Mayor and Common Council m members with the Centennial group photograph that was taken in Q 1988. Mayor Gutenberger thanked Harvey Ferdschneider for the excellent job that was done on the photograph. ADDITIONS TO THE AGENDA: New Business Alderperson Nichols requested that Item 22.3, a water problem at the Community Gardens, be added to the agenda. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Peterson requested the addition of Items 20.1 and 20.2; a report from the Six Mile Creek Committee and a report from Tompkins County Focus. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Arts Council Anne Jones, 502 Turner Place, addressed the Council on behalf of the Arts Council regarding Item 15.1 under the Budget and Administration Committee that is on the agenda for tonight. She stated that it has to do with giving permission to the Arts Council to utilize the $5,000 already in the city's budget for operating expenses of the Arts Council. She said that the Board feels very strongly that that money was appropriated for Arts organizations and individual artists. They appreciate Common Council's concern but they do not wish to use it for operating money. Route 96 we Vincent Fuchs spoke to Council in favor of Plan "C" for the Octopus. Weekend Meal Program at Southside Community Center Laura Philipps, 216 Dryden Road and Christa Staeuble, 308 Wait Avenue, addressed the Council and stated that they started the weekend meal program at the Southside Community Center in the Fall of 1988 as an extension of a course at the school of Hotel Administration at Cornell University entitled "Housing and Feeding the Homeless." 45:3 454 April 5, 1989 4 They wished to thank Southside Community Center and the many churches, volunteer organizations, restaurants and small businesses for all their support for this program. Ms. Staeuble explained that they serve an average of 75 -100 meals a weekend and feel that this program is a success. She stated that they will be graduating from Cornell in May and as a result will no longer be able to continue as directors of this program. While they have commitments from volunteers and restaurants for continuing services, a director is needed to oversee the program and coordinate the pooling of community resources. She said that they think the responsibilities of a director could be accomplished in a 20 -hour per week position. They would like the city to think about funding this program through an umbrella agency in the community. This program is filling an important need in the community and should not end simply because they will no longer be able to coordinate it. They are planning to meet with the Human Services Committee of Common Council in April. They also wished to invite Council members to join them for a meal. Mayor Gutenberger thanked Laura Philipps and Christa Staeuble for their service to the community. Citizens to Save Our Parks Doria Higgins, 2 Hillcrest Drive, speaking for "Citizens to Save Our Parks" addressed Common Council concerning procedures in the alienation of Inlet Island Park, and read the following statement: "It is not correct for the City of Ithaca to use as a measure of the value of Inlet Island Park a contrived 1985 appraisal figure of $71,000 when the 1981 City Tax Rolls give the park an assessed value of $357,400 (the park is of course exempt from taxes). One local real estate appraisal firm has told us that in the last two years alone land values have doubled in the last ten years which means that that $357,000 figure is near to $700,000 now. We have talked to officials at the National Park Service in Philadelphia and at State Parks in Albany and to appraisers involved in the alienation of parks, such as Inlet Island Park, in other cities in New York State. Not one single person with whom we spoke thought the appraisal strategy which the City of Ithaca is using is reasonable. We refer to the strategy of alienating Inlet Island Park for the stated purpose of making it available to private developers for commercial or industrial use yet instructing the appraiser to appraise the land as park land, and then using this artificially lowered value as the value against which to measure an equal value of substitute acreage which was appraised on the fair and open market. These appraisers use other ways of appraising park land, mostly they use what they call the highest and best use of the land and that is what should be used in Ithaca. The Mayor, in his February 7, 1985 giving his reason for alienation said and best use' and then he explained industrial and it is only fair to th appraise this land for that purpose acreage worth that amount of money. documentation to Albany, 'to put it to its highest that was commercial and a community that the City and then find substitute We think for the City to continue to use the 1985 figure of $71,000 as the value to match in acquiring substitute acreage will in effect be depriving our community of park land. There is a big difference between the amount of substitute park land you can buy on the open market for $71,000 and the amount of park land you can buy for $357,400. 1911, April 5, 1989 5 Another irregularity is the City's insertion in the material they sent to Albany of the phrase 'all or part of in each and every one of the boundary descriptions of the six parcels involved. When they say 'all or part of that means that you don't know how much land is actually involved and that means that neither Common Council, nor the community of Ithaca, nor the National Parks Service, nor the Albany legislature will have any way of knowing whether or not the City is offering substitute acreage equal in extent and value to either the acreage which is being removed in (400� from the alienation pInlets Island Festiv al Lands some ) or pointa this extent and value to language will have to made exact during the alienation process because the National Parks people will not let it slip by and the sooner this is done, the better; the less waste of time there will be for all involved. Our group really sees ourselves as working with Common Council Lo and at times working with people, you have to call mistakes to their attention. We are opposed to the alienation of Inlet Island Park but if it is to be alienated, we insist that it be done properly and done so that the community is not deprived of park land which it rightfully its due." m Loss of Postal Jobs from Ithaca Q Michael Oates, representing American Postal Workers Union, addressed Council in regards to the loss of 45 postal jobs from Ithaca to Elmira. He stated that the union has requested information from the postal service regarding this move based on their contract and the local contract and the National Labor Relations Act and the postal service has refused to supply the information. He is hoping that Council can pass a resolution asking the postal service to release this information so that his union's members can know what is going to happen with their jobs and lives. Rob Sullivan, postal worker from Trumansburg, stated that he thinks that one of the reasons for this move is that the Postal Service is automating. He would like Common Council to ask the Division Headquarters in Rochester and Buffalo if in the next 5 years this is going to improve postal service to Ithaca and is there a reason why this automation could not be done on the Warren Road site. Route 96 Guy Gerard, spoke to Council regarding the Route 96 issue and his concerns for the pedestrians that use the streets in that area. He stated that his preference for the Route 96 issue is Plan "A ". Dick Pendleton, 326 Forest Home Drive, spoke to Council expressing his opinion that designation of Fall Creek under the Wild, Scenic, and Recreational River Systems Act might not be the best thing for persons living where he resides in the Forest Home area. 455 Designation of Fall Creek Under the Wild Scenic and Recreational Rivers Systems Act The following persons spoke to Council in favor of the designation of Fall Creek under the Wild, Scenic, and Recreational Rivers Systems Act: Sarah Jane Bokaer - 417 Linn Street Ellen Harrison - Leonard Geller - 115 East Upland 8 Bridge Street, Road Newfield (representing the Sierra Club) Lois Darlington - 409 Lake Street John Schroeder - 618 Stewart Avenue Dick Pendleton, 326 Forest Home Drive, spoke to Council expressing his opinion that designation of Fall Creek under the Wild, Scenic, and Recreational River Systems Act might not be the best thing for persons living where he resides in the Forest Home area. 455 45G April 5, 1989 R Homeless Housing Project Brenda Wolcott -Aume, Executive Director of H.O.M.E.S., Inc. updated the Council on the homeless housing project. She stated that they have met with the Homeless Housing Assistant Project (HAP) in March and H.0.M.E.S., Inc. has since received a letter from them stating their strong support not only of the H.O.M.E.S. project but also of their application for grant funds. She said that the application is currently in the State process and undergoing an internal review which should be completed in about six weeks but that process could extend through September which would mean that H.O.M.E.S. Inc., would not be in receipt of those funds until then. In that light she would like to ask Common Council to consider writing a letter to HAP to again reiterate the need for this project and also expediting of this project. Mutual Housing, Weekend Meals at Southside, Postal Service, etc. Jeanne Fudala, 615 North Aurora Street, asked Council to support the Ithaca Neighborhood Housing Grant, and stated that it is a good way to provide decent community housing with a sense of community and neighborhood to low and moderate income people who are finding it very difficult to have permanent stable housing. Ms. Fudala also requested that Council support the weekend meals program at Southside, the H.O.M.E.S. program and the Ithaca Postal Workers and designation of Fall Creek as a recreational river. Fall Creek Designation Ashley Miller, 343 Iradell Road, read the following resolution that was passed by the Tompkins County Environmental Management Council to Common Council: "WHEREAS, Fall Creek and its corridor, with its invaluable hiking, fishing, boating and swimming opportunities furnishes a vital recreational and scenic resource for the residents of Tompkins County, and WHEREAS, Tompkins County is experiencing rapid and sustained development resulting in an irreversible loss of natural areas and open spaces, and WHEREAS, the scenic beauty of the cascades, gorges and glens of Fall Creek are priceless and cherished resources for Tompkins County, and WHEREAS, the water quality and the plant and animal habitat of this threatened area should be protected as a heritage for the enjoyment of future generations, and WHEREAS, portions of this segment of Fall Creek are on the EMC's list of unique natural areas; now, therefore, be it RESOLVED, That the eight mile segment of Fall Creek from its mouth at Cayuga Lake through Monkey Run to Route 13 be designated as a recreational river under the Wild, Scenic and Recreational Rivers System Act of New York State." Margaret Fabrizio, 213 King Street, reported to Common Council that their group, "Citizens Against Hydropower at Ithaca Falls" has renamed their group. It is now the "Fall Creek Conservation Committee ". She stated that the proposal for designation is now in Albany and it is being reviewed. They are also in close contact with DEC and it looks really good. Ms. Fabrizio stated that all the materials including the Act, the regulations, the proposal, and the maps with the proposed boundaries will be available at the Public Library by the end of the week for review. She further stated that the Fall Creek Conservation Committee will be getting all the appropriate information to people in the governments of the Town of Ithaca and the Town of Dryden. They are hoping that they will be able to have a J April 5, 1989 7 committee set up and be actually discussing concerns and getting down to the basis of this within a week and a half. She gave further background information on designations of this sort in New York State. Ms. Fabrizio requested Council to make the preservation of Fall Creek a priority, rather than the development of Fall Creek and she asked Council to support the Fall Creek Conservation Committee and the designation that they are seeking. Patti Witten, 508 University Avenue, presented natures that the st t d the common Council a petition with 5 g following: "We, the undersigned, urge you to take necessary action to designate the low eight miles of Fall Creek in Ithaca, New York, a Recreational River, under the New York State Wild, Scenic, and Recreational River Systems Act. Fall Creek is a unique area (� providing natural sites, hiking trails, fishing spots, and �- swimming holes. It is used by residents, visitors to the area, and naturalists. We are concerned about the water quality and LO use, impacts of development (including development of hydropower at Ithaca Falls), and access to and uses of this spectacular ED recreational area." Q Ithaca Farmers' Market Anna Steinkraus, 345 Shaffer Road, Newfield, President of the Ithaca Farmers' Market, made the following statement to Council on behalf of the Market: "We think it is particularly important to the Market and to the Ithaca community to have the security and confidence that a 20 year lease brings. Not only will this proposed lease enable the Ithaca Farmers' Market to remain a viable asset to the Ithaca community but it will also add Steamboat Landing as a potentially important waterfront asset at very little expense to the City. The Ithaca Farmers' Market hopes to remain one of the most culturally and socially significant features of the city and we also wish to continue as one of the most unique and outstanding Farmers' Markets in the eastern United States. It has been particularly satisfying to have helped in returning Steamboat Landing, once again, into an oasis of vitality for the benefit of the Ithaca community. We have very much appreciated the effort from the city in reaching this stage of development and we will endeavor to continue to flourish as a Market serving the needs of the community." Ms. Steinkraus thanked the Mayor, Council and staff for their time in negotiating the proposed lease. The Market feels this is a very reasonable compromise which benefits both the Market and the city. They feel it is important that this be approved quickly so that the Market can commence the fund raising effort to build the structure. Fall Creek Designation Paul Booth, representing the Forest Home Improvement Association, stated to Council that the association is as concerned about the quality of Fall Creek as perhaps anybody in Ithaca, but they are not sure that they can go along with the designation plan as they were not informed of it until last night. He stated that the Association has some questions of the designation going above Beebe Lake. He asked, on behalf of the association, that the proposal be tabled until such time as all interested parties be consulted about the way the proposal is going. He stated that the Forest Home Association cannot support a proposal that they have not heard about in detail. 457 458 April 5, 1989 *] Community Development Application; Transfer of Floral Avenue Parcel; Deposit of Proceeds to Housing Trust Fund Dennis Wille, 201 Third Street, urged Council to support the CDBG application because it promises to provide affordable housing for low and moderate income people far into the future. Mr. Wille also asked Council to support the transfer of the Floral Avenue parcel to INNS so that INHS can assemble the parcel which will enable INNS to most effectively develop the piece of land that they already own. He also asked their support for the resolution to deposit the proceeds from that sale to a Housing Trust Fund which would, in the future, enable that money to be used for other affordable housing in Ithaca. HUMAN SERVICES COMMITTEE: *18.2 Ithaca Post Office Job Losses By Alderperson Peterson: Seconded by Alderperson Nichols WHEREAS, it appears that the United States Postal Service (USPS) plans to relocate as many as 45 jobs from Ithaca to Elmira, and WHEREAS, the City of Ithaca stands to lose more than $1.6 million annually in wages and benefits as a result of this action, and WHEREAS, this action may have an deleterious impact upon mail delivery to Ithaca businesses and citizens, and WHEREAS, the postal workers union has also sought information from USPS on its plans which has been withheld from them, and WHEREAS, if the postal service were a private employer this action would potentially be considered a mass layoff requiring sixty days notice under the Federal Plant Closing Legislation, the intent of which was to see that advanced notice was given to an affected community; now, therefore, be it RESOLVED, That the City of Ithaca seeks official confirmation of the postal service's plans and requests that the postal service share this information as well with the postal workers union, and be it further RESOLVED, That the City objects strenuously to this proposed relocation, and be it further RESOLVED, That the City asks that the relocation of these jobs be reconsidered due to the potentially damaging impact this action could have on the health of the Ithaca economy, and be it further RESOLVED, That the City asks the USPS to announce its intention with regard to its proposed Warren Road facility, and be it further RESOLVED, That a copy of this resolution be sent to US Congressman Matt McHugh and to Senators Moynihan and D'Amato and that the City officially seeks their aid in stopping this relocation of jobs from the Ithaca area. Alderperson Lytel read the following letter, dated April 4, 1989, -,40) from John A. Rapp for Thomas J. Fritsch, Field Division, General Manager /Postmaster in Buffalo, New York: "Thank you for contacting me in your letter dated March 29, 1989. I want to assure you the Postal Service has every intention of sharing information regarding a possible change in mail distribution operations in Ithaca with you and with our employees. The Postal Service is conducting a study to determine the feasibility of relocating certain distribution operations from Ithaca to Elmira. Analysis of this data by the Rochester MSC will determine the feasibility and cost effectiveness of moving April 5, 1989 459 A mail distribution from the existing manual operation in Ithaca to an automated operation in Elmira. Results of the study will be forwarded to the Buffalo Division for review. No decision has been made at this time to move mail distribution from Ithaca to Elmira. Included in this study is a review of any potential impact on service to the Ithaca community. Changes will not take place if (6000, a negative effect on service is indicated. In regard to the proposed Warren Road facility, a hold has been put on the design of the building pending the results of the feasibility study. The decision on the mail distribution location, Ithaca or Elmira, will affect the size and design of the building. The final design is dependent upon the activities and operations to be performed. Until that determination is LO made, the Ithaca project is on hold. 'q Finally, I want to address some specific items in your Council Lo resolution. First, it is premature at this point to say that USPS "plans to relocate as many as 45 jobs from Ithaca to M Elmira." Again, a feasibility study does not mean that a decision to relocate jobs has been made. I assure you that we are Q concerned about the impact of job relocations, if they occur, to our employees and to the Ithaca community. At the same time, we have an obligation to provide cost effective, quality service to the public. That is why we initiated the feasibility study. Second, any decision to relocate work activities will take into consideration normal procedural obligations to notify all affected parties. This includes our employees, the postal (600ov unions, and the Ithaca community." Alderperson Lytel stated that after having read that letter, he feels more convinced than ever that Council needs to pass their resolution. He has been assured by Mr. Fritsch's representative that the response that they will give to Congressman McHugh will also be forwarded to the City. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the first Whereas read as follows: "WHEREAS, it appears that the United States Postal Service (USPS) is developing plans to relocate as many as 45 jobs from Ithaca to Elmira; that in the second Resolved, the word "this" be deleted and the word "any" be inserted in its place; in the third Resolved, the word "the" be deleted and the word "any" be inserted in its place; and in the fifth Resolved, the word "this" be deleted and the word "any" be inserted in its place. Discussion followed on the floor on the amendment. Alderperson Lytel spoke against the amendment. A vote on the amending resolution resulted as follows: Carried Unanimously Further discussion followed. Mayor Gutenberger referred to the fourth "Whereas" and said that if this resolution passes, that "whereas" becomes a statement of Council and he asked if the Council or the Human Services Committee can back that statement up if it is challenged. Alderperson Lytel replied that the Postal Workers Union has filed an unfair labor practices charge against the USPS on the basis of withholding information. That is a factual statement and can be documented. 460 10 April 5, 1989 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Recess Common Council recessed at 8:50 p.m. and reconvened in regular session at 9:05 p.m. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Rental Housing Task Force Steve Jackson, 142 Giles Street, Chairperson of the Rental Housing Task Force, gave the Council an update on the work of the Rental Housing Task Force. He presented a draft to Council of 12 tentative working groups that the Task Force created. He reported that the Task Force unanimously agrees that a Board of some form will be required to deal with issues of rental housing. Mr. Jackson stated that at their meeting on May 8th they will hold their first public discussion of the issue of rent control, rent regulation, rent registry as a possible route to go for the City of Ithaca. Board of Public Works Commissioner Reeves reported on the following for the Board of Public Works: Street Lighting Change -overs - Ms. Reeves reported that the Energy Commission has been working on the project of replacing all the existing mercury vapor street lighting luminaries with high pressure sodium of equal or greater light output. This conversion, which would be done over a 4 -5 year span at no cost to the city, would result in an annual saving of $25,000 for the city. This issue has been discussed at length with the Board and the Board will vote on the matter at their meeting of April 12th. Street Lights on Route 13 - Ms. Reeves reported on the new lights and poles that are being installed on Route 13. There will be one at the Stewart Park entrance, a new pole at Dey Street, one new pole at Willow Avenue at Route 13, 2 poles at Third Street on either side of Route 13, and one at Hancock Street. The ones that have already been installed are at the end of West Fall Street, West York and at the end of Woodland Place, which were requested by the residents. The City will also put in reflectors along Route 13 by the bridge. Alderperson Schlather asked Commissioner Reeves about a street light request for West Hill. Commissioner Reeves responded that the staff has been investigating that and are looking into the possibility of 4 or 5 new lights for that area because of the need and staff will be coming back to the next Committee of the Whole meeting with costs. Spring Clean -up Week - Commissioner Reeves reported that at the request of the County Spring Clean -up Week, as we know it, is no longer in existence. However, there is a proposal before the Board to be voted on at the April 12 meeting, for a Spring Clean- up Week for yard wastes only. The date of this will be announced later. Discussion followed on the possibility of having a "swapping day ". Commissioner Reeves will discuss the possibility with the Board. Spring Cleaning of Streets - Commissioner Reeves reported that the Spring cleaning of the streets began on March 27 in the Cornell Heights, East Ithaca and South Hill areas and will continue until the job is complete. Alderperson Booth asked Commissioner Reeves to take back to the Board the thanks of the many people in the Third Ward for the signs and the flashers at Belle Sherman School crossing. April 5, 1989 461 11 COMMUNICATIONS FROM THE MAYOR: Request from Charles Schlough regarding the City Hall Annex for Extension of Contract Mayor Gutenberger reported that he had received a letter from Mr. Schlough late today for an extension of the contract for the City Hall Annex sale. He thinks the appropriate thing to do is, at the meeting, grant a one month extension and refer the whole issue to the Intergovernmental Relations Committee to discuss it. Mayor Gutenberger stated that the reason for the request is because the mortgage commitment has not come through yet. The primary reason for that is because the appeal process to the State of New York for the variance for the State Building Code takes so much time, and there are city Building Department reviews needed which are contingent upon some of those drawings. Discussion followed on the floor. I.) Resolution By Alderperson Nichols: Seconded by Alderperson Johnson Lo RESOLVED, That an extension be that granted until the May 3, 1989 the matter be referred to the Common Council meeting and Intergovernmental Relations Committee for review and that the M Intergovernmental Relations Committee should recommend any terms Gt and conditions that might be appropriate in making further extension and report back to the Common Council at the May Common Council meeting. Ayes (5) - Lytel, Cummings, Nichols, Johnson, Killeen Nays (5) - Schlather, Romanowski, Peterson, Hoffman, Booth Mayor Gutenberger voted Aye, breaking the tie. Carried Transfer Tax (6w,� Mayor Gutenberger referred to a New York State Conference of Mayors Newsletter that is asking that local officials write to their legislators in regard to the enactment of a local option real estate transfer tax. He requested that Council members write to their Assemblymen and Congressman to ask that the city have the local ability for the increased real estate transfer tax so that it will ease a little the local property tax burden bill. Discussion followed on the floor on the merits of this tax. Guide to Composting and Recycling Projects in New York State Mayor Gutenberger stated that the New York State Conference of Mayors has recently published a "Guide to Recycling and Composting Projects in New York State" which is a very good publication. A section of that brochure was written by the city's recycling coordinator, Lynn Leopold. He congratulated Ms. Leopold for writing such an excellent article. Law Enforcement Accreditation Council Mayor Gutenberger reported that Governor Cuomo has appointed the Law Enforcement Accreditation Council for the State of New York. Police Chief Harlan McEwen was appointed by the Governor as Chair for that Council. MAYOR'S APPOINTMENTS Local Advisory Board of Assessment Review Mayor Gutenberger requested approval of Council for the appointment of Martha Preston, 636 Hudson Street, to the Local Advisory Board of Assessment Review, with a term to expire December 31, 1989. Resolution By Alderperson Killeen: Seconded by Alderperson Johnson RESOLVED, That this Council approves the appointment of Martha Preston to the Local Advisory Board of Assessment Review with a term to expire December 31, 1989. Carried Unanimously 462 April 5, 1989 12 Deputy City Controller Mayor Gutenberger requested the approval of Council for the appointment of Steven P. Thayer to the position of Deputy City Controller. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski ' RESOLVED, That this Council approves the appointment of Steven P. Thayer to the position of Deputy City Controller at a starting salary of $36,367.00, effective May 8, 1989. Alderperson Lytel asked about the affirmative action record for the City of Ithaca in regard to the city's hiring of women and minorities. Discussion followed on the floor regarding the concerns of affirmative action hiring policies in the City of Ithaca. It was agreed that this matter be discussed at a future date. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Johnson, Nichols, Peterson, Cummings, Romanowski, Booth, Killeen Abstention (2) - Lytel, Hoffman (lack of information to make an informed vote) Carried CITY ATTORNEY'S REPORT: 2% Money - Release of Funds Alderperson Peterson reported that the Human Services Committee has met with representatives from the career fire fighters and the volunteers about the 2% money, which has been talked about for about 6 years. They discussed old money, new money, and new State regulations. There is a proposal from the fire fighters, both paid and volunteer, asking if that portion of old money could be allocated to the volunteer companies with one -ninth reserved in case any of the money is ruled to be allocated to the paid fire fighters. She asked City Attorney Nash for his opinion on this matter. City Attorney Nash responded that last Fall he told them that the most conservative way to handle this matter was to get the other parties who might possibly object to sign a waiver beforehand. At that time he drafted the appropriate document, but as far as he knows, the documents were not signed and returned. Atty. Nash said that he cannot tell them to go ahead and spend the money without saying that if the money is spent there might be a lawsuit. Alderperson Schlather suggested that the first step should be to clarify if the waiver document was signed. Further discussion followed on the floor on the matter of the release of funds for 2% money. Alderperson Romanowski reported that he had an opportunity to speak with Senator Seward on the subject of the 2% money. He believes that Atty. Nash will be receiving some correspondence in the next week that might resolve the problem. Release of Funds for WSKG Radio Station Alderperson Killeen asked for the status of the money that was to be released to WSKG. City Attorney Nash replied that he talked with the Conference of Mayors who confirmed his feelings that it was improper for the City of Ithaca to make that contribution. He wrote to WSKG citing the Articles in the State Constitution that he feels makes the contribution improper and he has not heard from them since that time. April 5, 1989 463 13 Alderperson Schlather stated that he has received phone calls from WSKG and he suggested to them that considering the rulings, perhaps what they should do is make a proposal to the city for some contractual service to the city, which then might qualify for release of those funds but he has not heard back from them. city Lawsuit vs. Jason Fane - 705 East Buffalo Street Alderperson Killeen asked for an update of the City lawsuit vs. Jason Fane regarding 705 East Buffalo Street. City Attorney Nash responded that Judge Sherman issued a decision on the discovery of documents relative to that matter and there was a session held in his office last week for review and photocopying of those documents. He is not sure if a trial date has been set yet. Watts Lot Lawsuit Alderperson Cummings asked for an update on the Watts Lot Lo lawsuit. Iq City Attorney Nash stated that the city has received a request LO for document production and for deposition of the Director of Planning and Development and of Alderperson Cummings. Atty. Nash (1] said that in reviewing the document request, it seems quite Q broad and it may be that there will be some legal work to do even before they get into the discovery on the matter. Family Occupancy /Long Island Court Case Alderperson Booth asked City Attorney Nash if he has received a copy of the decision on the Long Island Court case dealing with families and occupancy. (6w" City Attorney Nash responded that he has received it and basically the problem seems to be that the local ordinance restricted the number of unrelated people that can live together as a functional family unit; no more than 4. The Court found that that was unconstitutional because there was no restriction on the number of related people who can live together as a family and our definition of functional family unit does not restrict the number of people who can reside as such, so he does not see any problem with that Court case in the City's zoning ordinance. PLANNING AND DEVELOPMENT COMMITTEE: *16.4 Fall Creek Designation Under the Wild Scenic and Recreational Rivers System Act By Alderperson Cummings: Seconded by Alderperson Hoffman 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, Scenic, and Recreational Rivers System Act, and (400v WHEREAS, Fall Creek and its surrounding environs contain valuable scenic, fish and wild life, ecological, open space, recreational and historic resources; now, therefore, be it RESOLVED, That Common Council endorses the designation of portions of Fall Creek, including the Ithaca Falls, under the Wild, Scenic and Recreational Rivers System Act, and be it further 464 14 April 5, 1989 RESOLVED, That Common Council name a committee to meet with affected property owners and municipalities and to recommend stream segment and lateral boundaries for the designation. Said committee could include representation from Common Council, Conservation Advisory Council, Environmental Management Council, Citizens Against Hydropower at Ithaca Falls, City Hydropower Commission, and the City Department of Planning and Development and representation from Cornell University. Alderperson Schlather remarked that he has to abstain on this issue due to a conflict of interest because according to the map that he has seen, a piece of property which he owns in Varna is in the affected area. Amending Resolution By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That the first Resolved read as follows: "RESOLVED, That Common Council endorses the designation of portions of Fall Creek, lying within the City of Ithaca, including the Ithaca Falls, under the Wild, Scenic, and Recreational Rivers System Act, and be it further RESOLVED, That Common Council urges the Town of Ithaca and Town of Dryden to give careful consideration to endorsing a similar designation of sections of Fall Creek within their boundaries, and be it further, ......etc" Alderperson Booth explained that this is a resource that extends across several boundaries and he thinks that the Council should act on this favorably tonight in terms of those portions in the City of Ithaca. He does not think, at this juncture, the City should presume to speak for resources that are in the jurisdiction of the Towns of Ithaca and Dryden. Alderperson Hoffman stated that the resolution was originally written with the second Resolved meant to be an attempt to involve the other municipalities, to negotiate a talk with property owners to come up with a mutually agreeable boundary. He thinks it is important for the city to take leadership on this issue; to say that we are supporting this designation. He said that it is an attempt, and in fact the only promising avenue we have been offered in 7 or 8 years, to exempt Ithaca Falls from hydropower. Alderperson Hoffman remarked that he has been told that DEC has stated that a longer portion of the river must'be designated in order to make it attractive to them, that the original idea of simply covering the Falls area would not be looked on favorably by their department. fie urged Council to continue with the original language which does not specify exact boundaries or even exact areas of the river to be designated. Alderperson Peterson stated that she would also like to endorse the original language for another reason as well and that is that it is very difficult to designate a portion within the City. The whole system really has to be addressed, both for the water quality and for the wildlife habitat; especially the fishery is impacted all the way upstream by what happens not only in the City but also 8 miles away. Alderperson Nichols stated that the resolution as it now reads specifically refers to the proposal that has been presented to the State which does include all the other areas. He said that with the amendment that Alderperson Booth is proposing, the City is specifically referring to the whole proposal but we are saying that we support the part within the City and asking the others to similarly consider. Alderperson Nichols stated that in talking with Assemblyman Luster regarding this issue a few days ago, his statement was that if we are just talking about the section within the city and the Council asked him to do it, he would be happy to do that, but Ft April 5, 1989 465 15 if we are talking about areas in the Town of Ithaca and Town of Dryden, he would want to have their support first before he introduced anything which they might be opposed to. Mayor Gutenberger asked the Council not to forget the goal on this issue which is the protection of Ithaca Falls. He stated that if we can protect larger portions of the river, that is to the betterment of the community, but we can't forget the goal. (4wo, Alderperson Hoffman replied that the Council may have different goals but he thinks the DEC has a certain goal, which is not necessarily preventing hydropower but providing protection to a river and he thinks that is why DEC has made it so clear to the citizens who have submitted this proposal that a longer portion of the river should be designated. LO City Planner Jones answered questions from Council. Alderperson Booth stated that if it would be more meaningful and Lo gain further support on Council he would change the second Resolved in his amending resolution to read: "RESOLVED, That Common Council urges the other municipalities through which Fall Creek flows to give careful consideration ..etc." Alderperson Nichols (seconder of the amending resolution) and Mayor Gutenberger accepted the change. Alderperson Romanowski stated that he cannot support either the amendment nor the main motion because he does not believe that anyone really knows the ramification of this designation. He expressed his opinion that more time and study is needed before either the resolution or amending resolution is acted upon. Alderperson Lytel explained that his reason for voting against the amendment to the resolution was that he feels the entire water system is in fact of concern and he would like the other municipalities to know that we are not out just to protect that part of the Falls that lies within our municipality. He feels that the entire water system should be our concern. Further discussion followed on the floor on the amendment. A vote on the Amending Resolution resulted as follows: Ayes (6) - Cummings, Nichols, Johnson, Booth, Killeen, Hoffman Nays (3) - Peterson, Lytel, Romanowski Abstention (1) - Schlather (possible conflict of interest) Carried Main Motion as Amended Further discussion followed on the floor on the Main Motion as Amended. A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Peterson, Hoffman Nay (1) - Romanowski Abstention (1) - Schlather (possible conflict of interest) Carried *16.2a Ithaca Farmers' Market - Long Term Lease By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, Common Council recognizes the public benefit provided City of Ithaca residents by the Ithaca Farmers' Market, in the sense that many persons visit the Market because they enjoy the outdoor, free flowing, cultural, recreational, and social aspects of this activity, as well as the opportunity to purchase food and crafts, and 466 April 5, 1989 16 WHEREAS, for more than 15 years, the Ithaca Farmers' Market has operated on a temporary and year to year basis from various City - owned land sites, and WHEREAS, for several years, the City of Ithaca has been committed to assisting the Farmers' Market in securing a permanent site from which to operate, and WHEREAS, for most of the 1988 selling season, the Market has operated from the city -owned "Steamboat Landing" site at Third Street, and WHEREAS, the Farmers' Market has invested several thousands of dollars into improvements at Steamboat Landing, and WHEREAS, a long term lease to occupy the Steamboat Landing site is necessary if the Market is to secure the funds required to construct more permanent facilities at the site, and WHEREAS, long term lease of the Steamboat Landing site would constitute a significant contribution by the City of Ithaca to the future of the Farmers' Market, and WHEREAS, financial return to the City from lease of the site will grow with the growth and prosperity of the Market, and WHEREAS, the site will be used by the public for other events and activities during periods when the Farmers' Market is not open for business, and WHEREAS, in light of the public's continued use of this site and the rental fee which the City will receive during the term of this lease, the City of Ithaca will receive full value for this lease; now, therefore, be it RESOLVED, That Common Council does concur with proposed terms and conditions for lease of approximately 5.8 acres at the Steamboat Landing site to the Ithaca Farmers' Market for use for the sale of farm produce and home - manufactured items which are made or grown by its members within a 30 -mile radius of the City of Ithaca, and be it further RESOLVED, That Common Council does hereby authorize and direct publication of notice of the proposed lease together with the proposed terms for such lease in the manner prescribed by the City of Ithaca Charter Section 3.9, paragraph 40. Alderperson Cummings gave background information on the resolution and discussion followed on the floor on the terms of the lease. Anna Steinkraus, President of the Ithaca Farmers' Market and Attorney Guttman answered questions from the Council. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the terms of the lease for the Ithaca Farmers' Market be reduced to 10 years with a 10 year option, with mutual agreement to extend and terms to be negotiated at the end of 10 years. Discussion followed on the floor on the amending resolution. IF& M Iq LD IE 17 A vote on the amendment resulted as follows: Ayes (3) - Schlather, Romanowski, Booth Nays (7) - Cummings, Nichols, Peterson, Johnson, Lytel April 5, 1989 Killeen, Hoffman, Motion Fails Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the terms of the lease for the Ithaca Farmers' Market be reduced to 15 years with no renewal period. Ayes (4) - Schlather, Romanowski, Booth, Johnson Nays (6) - Cummings, Nichols, Peterson, Hoffman, Lytel, Killeen Motion Fails Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the lease be amended to provide for the right of the City to terminate the contract at the end of 1 year upon the following findings: (1) that a higher, better use of the land has been determined by Common Council, and (2) that the Farmers' Market has been fully compensated for any depreciated capital improvements made on the premises. Alderperson Schlather stated his reasons for the amendment. Ayes (3) - Schlather, Romanowski, Booth Nays (7) - Cummings, Peterson, Hoffman, Lytel, Killeen, Johnson, Nichols Motion Fails Friendly Amendment to Lease Alderperson Booth suggested that on page 3, under Article Second, the third sentence of that Article read as follows: "The minimum payment for use of the site shall in no case be less than $6,000.00 per year." Amendment to Lease By Alderperson Booth: Seconded by Alderperson Nichols RESOLVED, That a new Article 18 be added to the lease as follows: "This lease shall be void should the tax assessor of Tompkins County determine that the subject parcel is not tax exempt In such event, the parties will attempt to re negotiate this lease." Article 18 as presently written (Severabillty) will become Article 19 of the lease. A vote on the amendment to the lease resulted as follows: Carried Unanimously Friendly Amendment to Lease Alderperson Schlather suggested that on page 3, under Article Second, the first sentence of that Article read as follows: "For and in consideration of the leasing aforesaid, the lessee hereby covenants and agrees to and with the lessor to pay to the lessor a base 1989 fee of four dollars ($4.00) per vendor space used at the site for each five hour period of use (excluding time required for set -up and take - down), or any portion thereof." 467 468 April 5, 1989 m Amendment to Lease By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the $6,000.00 per year under Article Second on Page 3 of the lease be changed to $7,500.00, and that the rate per vendor increase from $4.00 to $5.00 for each five hour period. Anna Steinkraus, President of the Farmers' Market spoke on the effect this rate increase would have on the membership. A vote on the amendment to the lease resulted as follows: Ayes (3) - Schlather, Booth, Romanowski Nays (7) - Cummings, Lytel, Peterson, Hoffman, Nichols, Killeen, Johnson Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (8) - Cummings, Peterson, Nichols, Johnson, Booth, Lytel, Killeen, Hoffman Nays (2) - Romanowski, Schlather Carried *16.2 Ithaca Farmers' Market - Interim Lease By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, the Ithaca Farmers' Market was granted a renewable license to operate from the Steamboat Landing site during the 1988 selling season, and WHEREAS, Common Council is in the process of finalizing the terms of a proposed long -term lease agreement with the Market for further use of the site, and WHEREAS, Council must provide a 30 -day notice to the public before it may approve said lease agreement, and WHEREAS, said lease agreement will not be approved prior to the Market's opening date of April 15, 1989; now, therefore, be it RESOLVED that Common Council does direct the Board of Public Works to grant a 60 -day renewal of last year's license, said renewal to expire on Thursday, June 8, 1989. Carried Unanimously *16.1a Route 96 - Countywide Route 96 Referendum By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, all alternatives for Route 96 affect the immediate and out -lying Ithaca community, and WHEREAS, the Ithaca Common Council has a specific responsibility to react to the recommendations to be offered by the State Department of Transportation, and WHEREAS, the City of Ithaca is cognizant of its duties to the greater Ithaca community both as County seat and as economic, cultural hub of the County; now, therefore, be it RESOLVED, That the Ithaca Common Council calls upon the Board of Representatives to place the question of Route 96 alternative preference upon the November ballot so that all voters of the County can democratically express their views and give guidance to decision - making authorities. Alderperson Killeen offered the following substitute resolution: it April 5, 1989 469 19 *16.1a Substitute Resolution Countywide Participation By Alderperson Killeen: Seconded by Alderperson Cummings WHEREAS, all alternatives for Route 96 affect the immediate and out -lying Ithaca community, and WHEREAS, the Ithaca Common Council has a specific responsibility (600", to react in a timely fashion to the recommendations to be offered by the State Department of Transportation, and WHEREAS, the City of Ithaca is cognizant of its duties to the greater Ithaca community both as County seat and as the economic, cultural hub of the County, and WHEREAS, continuing cooperation with and participation by all parties affected can only help to insure a democratic conclusion LO in shaping the maximumly benefitting 96 solution; now, therefore, be it RESOLVED, That the City of Ithaca calls upon the Tompkins County Board of Representatives as the representative of the greater M Ithaca community to continue to foster intermunicipal Q collaboration and cooperation in obtaining the best Route 96 solution while concurrently acknowledging the City's statutory duty to act on behalf of the Ithaca City community in determining the Route 96 solution, and be it further RESOLVED, That a copy of this resolution be conveyed to the Tompkins County Board of Representatives and to the Regional Office of the Department of Transportation in Syracuse. (605*e Alderperson Killeen explained his reasons for the substitute resolution. Resolution to Table By Alderperson Nichols: Seconded by Alderperson Hoffman RESOLVED, That the substitute resolution on Route 96- Countywide Participation, be tabled. Ayes (2) - Nichols, Hoffman Nays (8) - Peterson, Lytel, Johnson, Booth, Killeen, Cummings, Romanowski, Schlather Motion Fails Further discussion followed on the substitute resolution. A vote on the substitute resolution resulted as follows: Ayes (7) - Schlather, Romanowski, Lytel, Cummings, Johnson, Killeen, Booth Nays (3) - Hoffman, Peterson, Nichols Carried *16.1b Route 96 - Request to R Simberq, DOT Regional Director (4000, to Meet With Common Council By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the Common Council requests that Mr. Richard Simberq, Regional Director of the NYS Department of Transportation meet with Council to discuss Council concerns regarding the plans for the Octopus - Route 96 improvement and the process for reaching a decision on this question. Council requests that the meeting be held as soon as possible. Alderperson Cummings stated that the meeting will be held on April 17, 1989 at 7:00 p.m. 470 April 5, 1989 20 A vote on the resolution resulted as follows: Carried Unanimously *16.1c Route 96 - Rejecting the Nul Alternative and Naming Points of Agreement Among A, B, and C Alternatives By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That the Nul Alternative is unacceptable and that the Common Council urges NYSDoT that the following conditions be made part of the alternative selected for construction: (1) That all legal possibilities for controlling train traffic in the West End of Ithaca be fully explored and exhausted; and in particular, that NYSDOT be requested to assist the City in a petition to the Interstate Commerce Commission for changes in Conrail's operations, and in other steps that would minimize train disruption of traffic and emergency access. (2) That the Meadow Street /Six Mile Creek bridge and Route 13 South to the Elmira Road be widened to 5 lanes. (3) That sidewalks be maintained on both sides of all bridges and roadways within the corridor area inside the City limits. (4 ) That a bikeway be constructed adjacent to any new highway and connect to the existing and planned City bikeway network. (5) That curb lawns be maintained between the roadway and the sidewalks within the City wherever possible. (6) That the east lane of Fulton Street be used for parking until that lane is needed for moving vehicles. (7) That no new lanes be added to State Street within the project corridor, nor parking removed from State Street within the project corridor. (8) That the Seneca Street bridge over Cayuga Inlet shall be removed in such a way that it can be reused elsewhere. (9) That appropriate flowering shrubs, ground cover, trees and other plantings be used profusely throughout the urban highway especially at bridge structure locations. (10) That Brindley Street to Clinton Street be improved as a bypass for certain west end traffic. (11) That pedestrian crossing signals for safe passage of pedestrians be installed at signal lights and crossings on Meadow Street and Fulton Street. Alderperson Cummings explained the resolution and discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously *16.6 1989 -90 Community Development Small Cities Application By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council recognizes the need to continue efforts which enhance and preserve residential neighborhoods, promote job creation and retention, and improve community facilities, and WHEREAS, the Planning and Development Committee has reviewed the proposed Community Development Grant application as adopted by the Ithaca Urban Renewal /Community Development Agency and endorsed by the Planning and Development Board and the Planning and Development Committee of Common Council; now, therefore be it April 5, 1989 471 21 RESOLVED, That the Common Council approve the 1989/1990 Community Development Block Grant Small Cities budget and programs as recommended by the Ithaca Urban Renewal /Community Development Agency, and be it further RESOLVED, That the Mayor be and hereby is authorized and directed (4000, to sign upon advice of the City Attorney and the Director of Planning and Development any and all instruments necessary to submit the City's 1989/1990 Community Development application to the United States Department of Housing and Urban Development. *16.7a Floral Avenue - Sale of City Land -Tax Parcel 77 -2 -6 By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, Ithaca Neighborhood Housing Services (INHS) has LD expressed an interest in buying Tax Parcel 77 -2 -6, and Lo WHEREAS, Common Council has directed the Ithaca Urban Renewal Lo Agency (IURA) to dispose of said property in accordance with the requirements of state and local law and the established IURA m procedures for such transactions including final approval by the Q Common Council, and WHEREAS, an environmental review of this action has been performed under the appropriate City ordinance resulting in a negative declaration, and WHEREAS, the IURA has submitted to the IURA and the City a Purchase Offer for the subject parcel; now, therefore, be it Discussion followed on the floor. RESOLVED, That the Common Council does hereby approve the sale Services, and of be Tax Parcel 77 -2 -6 to Ithaca Neighborhood Housing it further RESOLVED, That said parcel be sold to INHS in accordance with the following provisions: 1. that INHS must use the land for housing for low and moderate income people in accordance with maximum requirements of applicable State and Federal law and regulation, 2. that Common Council does hereby approve the finding of the Urban Renewal Agency that INHS is an eligible sponsor for this action, 3. that the buyer and the seller shall share the cost of the survey of the property, 4. that the transfer of title shall be by warranty deed, 5. that the closing shall occur within six (6) months of the acceptance of the offer, 6. that the purchase price shall be eighteen thousand ($18,000) dollars, and be it further RESOLVED, That Common Council does hereby find that the disposition is in accordance with the Urban Renewal Plan and with New York State General Municipal Law Article 15 Section 507 2D, and be it further RESOLVED, That the Mayor is hereby authorized and directed upon advice of the City Attorney and the Director of Planning and Development to execute any and all instruments necessary for the effectuation of this land disposition. Discussion followed on the floor. 472 April 5, 1989 22 Alderperson Schlather stated that the Council had talked about swapping some land for this as opposed to INNS paying $18,000.00 and he asked if that was pursued at all. Alderperson Cummings stated that it was discussed and the agency did not choose to pursue it. Mayor Gutenberger stated that there was not enough support for it. Alderperson Cummings remarked that the reason that the agency did not want to do that was because they chose to grant INNS the flexibility to devise their project, believing that of all entities in the City which we should be able to trust to work out a system compatible with the neighborhood, that INHS was the entity. It was also understood that at the same time, a master planning process was underway on West Hill in which portions of park land were being set aside appropriately in locations which were more suited to it than creating this kind of pocket piece of land not attached to anything consistent with the West Hill plan. Planning and Development Director Van Cort stated that part of it was to keep it simple; the more complicated it gets, the harder it is going to be to carry it out and this is a straight forward thing, a cash sale without transfers back and forth of land. It was decided that the way that we would have the greatest possibility to getting this done on schedule, which is very important for the Community Development application, was to keep it as simple as possible. Further discussion followed on the floor. Alderperson Schlather stated for clarification that the West Hill Master Plan is not talking about taking the entire parcel of the west side of the street. It is allowing a buildable piece on the west side of the street with a corridor that is about 50 feet wide that goes to the back of the parcel. It would be the back of the parcel that would in fact be the park land, but there would be access to Chestnut Street and that would be consistent with INHS's plans for building on that site. He stated that he is disappointed that we don't make that part of the consideration. That land should be kept protected as future park land. Further discussion followed on the floor on the appraisal and the procedure used for this process. A vote on the resolution resulted as follows: Ayes (8) - Booth, Cummings, Killeen, Peterson, Johnson, Lytel, Nichols, Hoffman Nays (2) - Schlather, Romanowski Carried *16.7b Floral Avenue Land Sale Proceeds By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That any and all proceeds from the sale of the City owned land on Floral Avenue known as tax parcel 77 -2 -6, be deposited in the City's Housing Trust Fund to be used for the provision of housing for low and moderate income people. Ayes (9) - Cummings, Johnson, Nichols, Lytel, Killeen, ` Peterson, Hoffman, Schlather, Booth Nays (1) - Romanowski Carried April 5, 1989 473 23 Hydropower - Six Mile Creek Town of Ithaca South Hill Recreation Way on these two items. She will Alderperson Cummings made no report report on the South Hill Recreation Way at next month's meeting. BUDGET AND ADMINISTRATION COMMITTEE: (400e *15.1 Authorization to Release Tom kins Count Art Council Funding By Alderperson Schlather: Seconded by Alderperson Cummings WHEREAS, the Arts Council of Tompkins County requested and received an appropriation of $5,000 from the City as our contribution to their United Arts Fund for 1989, and WHEREAS, said appropriation has not yet been disbursed, and LO WHEREAS, the Arts Council itself is undergoing a serious %q financial and organizational crisis, calling into question its IS) ability to survive as an organization, and Z WHEREAS, Tompkins County has recently voted to give $15,000 to m the Council for administration, and Q WHEREAS, the amount the Arts Council needs is $25,000 to guarantee its continued operation, and WHEREAS, should the City not contribute to the effort to save the Arts Council at this critical point in its history, the United Arts Fund to which the City has contributed may not continue to exist in the future; now, therefore, be it RESOLVED, That the City does hereby authorize the Arts Council of Tompkins County to reprogram the $5,000 City contribution for emergency operating support for 1989, with the understanding that in the future, if the Arts Council wishes to seek operating support from the City of Ithaca, it must do so with a proposal designed to solicit such support. Resolution to Table By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the resolution for authorization to release Tompkins County Arts Council funding be tabled. Carried Unanimously *15.2 Addition of One Half -time Housing Inspector III By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That a half -time Housing Inspector III position be added to the Personnel Roster of the Building Department for 1989, and that the $8,000 authorized in the 1987 budget be transferred from A3620 -435 Contractual Services to A3620 -110 Personal Services to reflect such addition, and be it further RESOLVED, That said increase in the Building Department Roster is authorized for the 1989 fiscal year only. Carried Unanimously *15.3 Standardization of Fire Fighter Uniforms By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the Ithaca Fire Department contractually provides a uniform allowance for its career fire fighters for the purpose of obtaining uniforms for employees of the Fire Department, and WHEREAS, the purpose of the uniform is to properly identify employees of the Fire Department while they perform their duties in the public by requiring them to wear like and recognizable clothing, and WHEREAS, past efforts at insuring a uniform appearance while providing quality garments have not been successful due to ranges 4'74 April 5, 1989 24 in quality, style and color as a result of the competitive bidding process, which has resulted in fire fighters uniforms being non - uniform in appearance and style, and WHEREAS, continuing efforts to address these problems in the bid specifications do not yield improvement, but serve only to build in delays and difficulties in obtaining proper uniforms, as the unique problems presented by each low bidder's product are thrust "48) into the system, and WHEREAS, current technology has developed flame retardant station -wear for fire fighters, and flame retardant uniforms are highly desirable as a means of improving fire fighter safety by upgrading the protective envelope that fire fighters wear when performing hazardous duties, and WHEREAS, a period of "discovery" with regard to uniform specification and purchasing has revealed that Lion Uniform, Inc. provides a consistently high quality uniform in style, material and color, and also provides fire retardant station wear, and WHEREAS, Lion Uniform has marketed uniforms for many years which are currently purchased by other uniformed agencies in the City of Ithaca and the Ithaca area with apparent high levels of satisfaction with regard to performance and quality, and WHEREAS, the open competitive bidding process does not guarantee that the lowest responsible bidder will be able to provide flame retardant uniforms in a color and style consistent with other uniforms purchased, and WHEREAS, Lion Uniforms, Inc. has no less than three different vendors in New York State that will be able to submit competitive bids for such uniforms, and WHEREAS, Section 103.5 of the General Municipal Law of the State of New York provides that a municipality may authorize standardization of equipment, materials or supplies for reasons of efficiency and economy; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby approve the designation of Lion Uniform, Inc. of Dayton, Ohio, as the sole source supplier of uniforms for the Ithaca Fire Department for 1989. Carried Unanimously *15.4 Parking Enforcement Program By Alderperson Schlather: Seconded by Alderperson Nichols WHEREAS, the Board of Public Works in conjunction with the Police Department has recommended the addition of one Parking Enforcement Officer, and WHEREAS, the Superintendent and the Board of Public Works and the Police Chief jointly agree that this expanded Parking Enforcement Program should be performed under the administration of the Police Department; now, therefore, be it RESOLVED, That one Parking Enforcement Officer be added to the Police Department Roster, and be it further RESOLVED, That the 1989 Budget be amended as follows to accommodate such addition: A. Appropriations are increased by an amount not to exceed $13,000 A3120 -100 A3120 -400 $9,443 $3,557 April 5, 1989 475 25 B. Revenues from Traffic Violations shall be increased to reflect additional Enforcement Fines and Penalties, A2610 $13,000 (Wooel Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 15.5 Increase Capital Project for Stewart Avenue Bridge Reconstruction By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, Engineering estimates for the reconstruction of the Stewart Avenue Bridge have been established at $500,000, and LD WHEREAS, the State Department of Transportation has agreed to LO LO fund an amount not to exceed $1001 000 toward said reconstruction, and WHEREAS, the existing authorization for the Stewart Avenue Bridge Q reconstruction project is $261,000; now, therefore, be it RESOLVED, That Capital Project #219, Stewart Avenue Bridge Reconstruction, be increased by $239,000, and that the Amended Financial Plan be established as follows: Transfer from Capital Reserve #4 $ 20,000 State Aid 5100,000 Bond Anticipation Notes $380,000 Total $500,000 Carried Unanimously *15.6 Public Works Personnel Roster By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add One Senior Account Clerk Typist Delete : One Micro Computer Operator and be it further RESOLVED, That Cynthia Percey be permanently appointed to the position of Senior Account Clerk Typist at an annual salary of $14,981, which is Step 3 of the CSEA Administrative Unit 40 Hour Work Week Compensation Plan, effective April 10, 1989. Carried Unanimously *15.7 Dental Program Participation by Retirees Alderperson Schlather: Seconded by Alderperson Cummings By to WHEREAS, retirees of the City of Ithaca are allowed participate in the City Health Insurance Plan, provided that the retiree assumes the cost of the insurance premium and participates in the Plan in accordance with the policies and procedures established by the Ithaca Common Council, the Insurance Carrier and the appropriate Collective Bargaining Agreements; now, therefore, be it 47E; RESOLVED, That the retirees to participate in the City the retiree assumes the participates in the Plan procedures which currently City Health Insurance Plan. April 5, 1989 26 of the City of Ithaca also be allowed Dental Insurance Plan, provided that cost of the insurance premium and in accordance with the policies and govern retiree participation in the Carried Unanimously *15.8 Authorization to Fund Legal Services for Arbitration By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990, Unrestricted Contingency to the City Attorney's account A1420 -430, Fees for Professional Services, for legal fees in connection with a personnel related arbitration hearing. Carried Unanimously *15.9 Youth Bureau Increased Authorization for Equipment By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the estimated cost of acquiring the van on the Authorized Equipment List for the Youth Bureau be increased by $1,510, and be it further RESOLVED, That $1,510 be transferred from Account A1990, Unrestricted Contingency, to the Youth Bureau Account A7310 -215, Vehicles. Carried Unanimously *15.10 Planning Department Contract By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That $2,141 be transferred from Account A1990, Restricted Contingency for Planning Purposes, and that $5,403 be transferred from Account A1990, Unrestricted Contingency to the Planning Account A8020 -435, Contractual Services, for the purpose of making the final payment to Rice Associates in connection with Cable Television Consulting Services rendered. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Lytel RESOLVED, That the entire amount be taken from Unrestricted Contingency. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (5) - Cummings, Killeen, Lytel, Peterson, Johnson Nays (5) - Hoffman, Nichols, Romanowski, Schlather, Booth Mayor Gutenberger voted Nay, breaking the tie. Motion Fails Main Motion A vote on the Main Motion resulted as follows: Ayes (5) - Romanowski, Schlather, Booth, Hoffman, Nichols Nays (5) - Cummings, Killeen, Johnson, Peterson, Lytel Mayor Gutenberger voted Aye, breaking the tie. Carried *15.11 Police Department Equipment List Amendment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1989 Authorized Equipment List for the Police Department be amended as follows: Decrease Account A3120 -205, Furniture & Fixtures $250 Increase Account A3120 -225, Other Equipment $250 Carried Unanimously 19, LO Iq Lo m a 1�q_ 27 *15.12 Day Care Program Authorization By Alderperson Schlather: Seconded by RESOLVED, That the City of Ithaca Day adopted as recommended by the Day c further April 5, 1989 Alderperson Johnson Care Assistance Program be are Committee, and be it RESOLVED, That $80,000 be transferred from Account A1990 Restricted Contingency to the appropriate operating accounts as determined by the City Controller and Personnel Administrator, for the purpose of implementing said program. Carried Unanimously *15.13 Revenue Anticipation Note By Alderperson Schlather: Seconded RESOLVED, That the City Controller Anticipation Notes as required to through December 31, 1989. by Alderperson Killeen be authorized to issue Revenue meet Cash Flow requirements Carried Unanimously *15.14 Finance Department Equipment List Amendment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Authorized Equipment List for the Finance Department be amended by adding one Personal Computer to be utilized by the City Clerk's Office, and be it further RESOLVED, That an amount not to exceed $1,600 be transferred from Account A1990, Unrestricted Contingency to Finance Department Account A1315 -225, Other Equipment, for said purpose. Carried Unanimously *15.15 Audit By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #6/1989, in the total amount of $32,258.43, be approved for payment. Carried Unanimously RESOLUTION TO EXTEND MEETING: By Alderperson Romanowski: Seconded by Alderperson Killeen RESOLVED, That this Common Council meeting be extended until 12:30 a.m. A vote on the resolution resulted as follows: Ayes (9) - Romanowski, Killeen, Cummings, Booth, Lytel, Johnson, Schlather, Hoffman, Peterson Nay (1) - Nichols Carried HUMAN SERVICES COMMITTEE: Fire Department Long Range Planning - Report Alderperson Peterson stated that there needs to be Common Council representatives appointed to the Long Range Planning Fire Committee which has not been started yet and needs to be set up as soon as possible. Resolution By Alderperson Nichols: Sec RESOLVED, That Alderpersons serve as Common Council Planning Fire Committee. onded by Alderperson Johnson Booth and Killeen be appointed to representatives on the Long Range Carried Unanimously 4'7'7 478 April 5, 1989 M UNFINISHED AND MISCELLANEOUS BUSINESS: *21.1 Amendments to Smoking Ordinance Amendments as Proposed by the Charter and Ordinance Committee By Alderperson Booth: Seconded by Alderperson Killeen 1. RESOLVED, That: A. Section 67.5 (C) of Chapter 67 is amended as follows: C. Smoking may be permitted in a separate enclosed room or rooms in a [food service establishment,] clubhouse, or service club. Provided, any such room, or any such rooms taken collectively, that the owner, operator, manager, sponsor or person in charge of that facility provides for smoking purposes shall not exceed [thirty] fifty percent of the seating capacity of that establishment or of the area occupied by customers in that establishment, whichever calculation results in the larger area being maintained as a smoke -free area. Where such a room or rooms is provided for smoking, notice thereof shall be prominently posted at each entrance to the facility. In those establishments in which one or more separate enclosed rooms are provided for smoking, each patron shall be given an opportunity to state his /her preference regarding where the patron wishes to be seated. This provision shall not be deemed to permit smoking under any conditions in a food service establishment. B. Section 67.10 (F) is amended by adding the following sentence to said subdivision (F) : "This subdivision shall not apply to any food service establishment." 2. If Item 1 is not adopted: RESOLVED, That: Section 67.5 (C) of Chapter 67 is amended as follows: C. Smoking may be permitted in a separate enclosed room or rooms in a [food service establishment,] clubhouse, or service club. Provided, any such room, or any such rooms taken collectively, that the owner, operator, manager, sponsor or person in charge of that facility provides for smoking purposes shall not exceed [thirty] fifty percent of the seating capacity of that establishment or of the area occupied by customers in that establishment, whichever calculation results in the larger area being maintained as a smoke -free area. Where such a room or rooms is provided for smoking notice thereof shall be prominently posted at each entrance to the facility. In those establishments in which one or more separate enclosed rooms are provided X for smoking, each patron shall be given an opportunity to state his /her preference regarding where the patron wishes to be seated. Alderperson Booth explained the resolution and discussion followed on the floor. 0 Iq LO T M Q April 5, 1989 479 29 Adoption of Items lA and 1B of Agenda Item 21.1 By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves of Item 1A and 1B of the foregoing resolution. Ayes (3) Nays (7) - Booth, Peterson, Hoffman - Schlather, Romanowski, Johnson, Cummings, Lytel, Killeen, Nichols Motion Fails Adoption of Item 2C of Agenda Item 21.1 By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That this Common Council approves of Item 2C of the foregoing resolution. Ayes (2) - Booth, Hoffman Nays (8) - Schlather, Peterson, Cummings, Killeen, Nichols, Romanowski Johnson, Lytel, Motion Fails CHARTER AND ORDINANCE COMMITTEE: *17.7 Amendments to City Smoking Ordinance By Alderperson Booth: Seconded by Alderperson Killeen WHEREAS, in order to protect the public health and City of Ithaca has adopted an ordinance regulating public places and work places, and safety the smoking in WHEREAS, since the adoption of that ordinance Common Council has discussed at length various possible amendments to that (too,, ordinance, particularly as it applies to food service establishments; now, therefore, be it 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 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 purposes 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 New York State standards governing the maintenance of business records for liquor licenses.". Section 2. Section 67.5 (C) of said ordinance is amended to read as follows: "C. Smoking may be permitted in a separate enclosed room or rooms in a food service establishment, clubhouse, or service club. Provided, any such room, or any such rooms taken collectively, that the owner, operator, manager, sponsor or person in charge of that facility provides for smoking purposes shall not exceed (thirty] fifty percent of the seating capacity of that establishment or of the area occupied by customers in that establishment, whichever calculation results in the larger area being maintained as a smoke -free area. Where such a room or rooms is provided for smoking, April 5, 1989 30 notice thereof shall be prominently posted at each entrance to the facility. In those establishments in which one or more separate enclosed rooms are provided for smoking, each patron shall be given an opportunity to state his /her preference regarding where the patron wishes to be seated. "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, as certified annually by the owner of such establishment to the City Attorney, provided such establishment complies with the 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 in such establishment sufficient to meet customer demand, which non - smoking area shall be a contiguous section comprising in any event not less than thirty percent of the seating 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. (3) Such food service establishment shall be separately enclosed from any other indoor area open to the public. Section 3. This ordinance shall take effect immediately following publication of a notice as provided by Section 3.11(B) of the Ithaca City Charter. NOTE: [bracketed] language is deleted language. underlined language is new language. Ayes (7) - Schlather, Romanowski, Lytel, Cummings, Killeen, Johnson, Nichols Nays (3) - Booth, Hoffman, Peterson Carried *17.1 Local Law (Laid on Table by City Attorney on March 27, 1989) to Amend City Charter (Section 5.30(2)) Respecting the Penalty Paid for City Work Undertaken to Repair Sidewalks By Alderperson Booth: Seconded by Alderperson Cummings LOCAL LAW NO. OF THE YEAR 1989 A LOCAL LAW AMENDING ARTICLE 5, SECTION 5.30 ENTITLED "ASSESSMENTS FOR SIDEWALK IMPROVEMENTS ", SUBDIVISION 2 THEREOF ENTITLED "COLLECTION OF EXPENSE ", OF THE CITY OF ITHACA CHARTER. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 5.30, SUBDIVISION 2, OF THE CITY OF ITHACA CHARTER Section 5.30, Subdivision 2, of the City of Ithaca Charter is hereby amended to read as follows: W, D LO Iq Lo _ M Q O 31 2. Collection of Expense. April 5, 1989 481 Any expense incurred by the Board pursuant to the provisions of Sections 5.27 and 5.29 shall be collected in the following manner: The Superintendent of Public Works shall report to the Board the expense incurred in behalf of each owner; the Board thereupon shall review the same, and if found to be correct, shall so certify to the City Clerk, who shall forthwith mail to the owner at the address appearing upon the tax roll, a notice of assessment, stating the date the expense was incurred, the nature thereof, and the cost, together with a twenty -five percent (25 %) penalty thereon. The owner may protest such assessment within thirty (30) days of the date of such notice, either by personal appearance at a regular meeting of the Board, or by a written protest filed with the City Clerk; the Board shall thereupon review such assessment and make such adjustment thereon as it may determine just and equitable; whereupon such assessment shall become final. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the office of the Secretary of State. Carried Unanimously *17.2 Local Law (Laid on Table by City Attorney on March 27, 1989) to Amend City Charter (Section 7.12) with Respect to Sick Leaves and Parentinq Leaves By Alderperson Booth: Seconded by Alderperson Schlather LOCAL LAW NO. OF THE YEAR 1989 A LOCAL LAW AMENDING ARTICLE VII ENTITLED "MISCELLANEOUS PROVISIONS" OF THE CHARTER OF THE CITY OF ITHACA. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION I. That Article VII entitled "Miscellaneous Provisions" of the Charter of the City of Ithaca is amended as follows: Section 7.12 Entitled "Sick Leave for Officers and Employees" subdivision B(3) thereof is amended as follows: 3. No continuous sick leave exceeding the three days shall be allowed except upon the certification of a physician to be filed with the department head not later than the fourth day, stating the nature of the illness and the probable period of disability. The department head may require such certificate in any other case. This requirement shall be waived, however, for any employee taking a parenting leave. Any employee taking a parenting leave shall be entitled to use up to eight weeks accumulated sick leave without providing a doctor's certificate. Parenting leaves shall be available to both male and female employees and shall be available only in the case of child birth or adoption. Employees may use additional sick time at the end of the eight week period for parenting leave upon presentation of a doctor's certificate relating to the child and /or parent attesting to the necessity for such continued leave from employment. M, 32 SECTION 2. EFFECTIVE DATE. April 5, 1989 This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Carried Unanimously *17.3 Proposed Ordinance Amending Chapter 31 of the City Code Pertaining to Certain Services Provided by the City to Residential Subdivisions Resolution to Table By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the proposed ordinance amending Chapter 31 of the City Code pertaining to certain services provided by the city to residential subdivisions be tabled. Carried Unanimously *17.4 Sale of Alcoholic Beverages_ on Ithaca Commons by T.J. Tuesdays Restaurant By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, in 1988 the City of Ithaca issued a license to T.J. Tuesdays Restaurant allowing that restaurant to utilize certain areas on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at T.J.Tuesdays, including the sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, That this Common Council hereby approves a revocable license agreement between the City of Ithaca and T.J. Tuesdays upon the terms and conditions set forth in the application therefor, including minimum Dram Shop coverage in the amount of $500,000. Ayes (9) - Schlather, Romanowski, Cummings, Lytel, Killeen, Nichols, Peterson, Hoffman, Johnson Nay (1) - Booth Carried *17.5 Sale of Alcoholic Beverages on Ithaca Commons bV Simeon's Restaurant By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, in 1987 and 1988 the City of Ithaca issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and April 5, 1989 p 483 33 WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, That Common Council hereby approves a revocable license agreement between the City and Simeon's Restaurant that includes the sale of alcohol in accord with the terms and conditions set LO forth in the application therefor, including minimum Dram Shop d' coverage in the amount of $500,000. LO Ayes (9) - Schlather, Romanowski, Peterson, Hoffman, Lytel, Johnson, Nichols, Cummings, Killeen CD Nay (1) - Booth Q Carried *17.6 Cable Industry Deregulations (Resolution to Congress) By Alderperson Booth: Seconded by Alderperson Nichols 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, State and local governments have historically held the right to regulate and oversee the rates and services of public utility monopolies and cable franchises; 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 substantial competition 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. Ayes (9) - Schlather, Booth, Nichols, Johnson, Killeen, Lytel, Cummings, Peterson, Hoffman Abstention (1) - Romanowski (conflict of interest) (600", Carried City /County Cooperation on Large Project Review - Referred to Committee Alderperson Booth withdrew this Item from the agenda. *17.9 Referrals of Liquor License Applications for City Comments By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, on September 3, 1980 Common Council of the City of Ithaca adopted a procedure governing the review of applications for liquor licenses, and • April 5, 1989 34 WHEREAS, it is desirable to alter the review process previously established; now, therefore, be it RESOLVED, That this Common Council amend the existing procedure by replacing the First and Second "Be it further Resolved" clauses in that September 3, 1980 resolution with the following language: "Be it further Resolved, That all such notifications of applications to sell alcoholic beverages inside the corporate limits of the City of Ithaca shall be reviewed by the Mayor and that the Mayor shall coordinate any additional review thereof by any City committee, board, agency, commission or official as the Mayor deems is necessary or desirable. Be it further Resolved, That the Ithaca Police Department is directed to make available to the Mayor reports of all complaints that are made with respect to any holder of a liquor license in the City of Ithaca." Carried Unanimously *17.10 Amendment to City Zoning Ordinance with Respect to Enlargement of Non - conforming Uses By Alderperson Booth: Seconded by Alderperson Schlather 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 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 1.4w) in section 3.11 (B) of the Ithaca City Charter. Carried Unanimously HUMAN SERVICES COMMITTEE: *18.1 Willard Straight Takeover Commemoration By Alderperson Lytel: Seconded by Alderperson Nichols WHEREAS, April 1989 marks the twentieth anniversary of the "takeover" of Willard Straight Hall on the Cornell University campus, and April 5, 1989 485 35 WHEREAS, this historic event and the associated activities that involved many thousands of students and staff had a significant impact on and beyond the Cornell campus, and upon the Ithaca community, and WHEREAS, the events of April 1969 were pivotal events in the history of the continued struggle for civil rights for all Americans, and WHEREAS, the maintenance/ storage building at Stewart Park was designated as this community's mass detention facility should large scale arrest and detention be deemed necessary, and WHEREAS, the university continues to hold investments in companies that support racial oppression in South Africa; now, therefore, be it If) RESOLVED, That the City urges Cornell University to divest itself Lo Lo of companies paying dividends to shareholders earned by the exploitation of the South African workforce, and be it further RESOLVED, That the City shall place a plaque on the Q maintenance /storage building recognizing its designation as a mass detention facility in the Spring of 1969 so that the active local struggle for racial equality and civil rights can forever be recognized by all who visit the calm and peaceful surroundings of Stewart Park, and be it further RESOLVED, That this Common Council calls upon all citizens to pause on April 19, 1989 to reflect upon the events of twenty (M0001 years ago and the underlying causes that provoked the takeover that continue to be unresolved. Discussion followed on the floor. Statements were made by Alderpersons Lytel and Romanowski. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Nichols RESOLVED, That the 4th 'Whereas' and the second 'Resolved' of the resolution be deleted, and that in the last 'Resolved', the word 'causes' be deleted and the words 'still unresolved problems' be inserted in its place. Ayes (7) - Schlather, Cummings, Nichols, Johnson, Killeen, Peterson, Hoffman Nays (3) - Romanowski, Lytel, Booth Carried Amending Resolution By Alderperson Killeen: Seconded by Alderperson Peterson RESOLVED, That the following two Resolved paragraphs be substituted for the final Resolved: "RESOLVED, That this Common Council proclaims the week of April (400... 17 - 21, 1989 "Human Rights Week" as an occasion to ponder human rights and recollect the events of 20 years ago, and be it further RESOLVED, That this resolution shall call upon places of public assembly as well as the media to aid in focusing upon the present and future lessons to be drawn from the historic Straight 'Takeover' of 1969." Carried Unanimously 4861 36 Main Motion as Amended The Main Motion as Amended is as follows: Apt-if 5, 1989 WHEREAS, April 1989 marks the twentieth anniversary of the "takeover" of Willard Straight Hall on the Cornell University campus, and WHEREAS, this historic event and the associated activities that involved many thousands of students and staff had a significant impact on and beyond the Cornell campus, and upon the Ithaca community, and WHEREAS, the events of April 1969 were pivotal events in the history of the continued struggle for civil rights for all Americans, and WHEREAS, the university continues to hold investments in companies that support racial oppression in South Africa; now, therefore, be it RESOLVED, That the City urges Cornell University to divest itself of companies paying dividends to shareholders earned by the exploitation of the South African workers, and be it further RESOLVED, That this Common Council proclaims the week of April 17 -21, 1989 "Human Rights Week" as an occasion to ponder human rights and recollect the events of 20 years ago, and be it further RESOLVED, That this proclamation shall call upon places of public assembly as well as the media to aid in focusing upon the present and future lessons to be drawn from the historic Straight "Takeover" of 1969. A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Nichols, Lytel, Cummings, Peterson, Johnson, Killeen, Hoffman, Romanowski Nay (1) - Booth Carried *18.3 Criteria for Fundinq Human Services Agencies By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca will consider appropriating a portion of its 1990 general operating funds for support of local human service agencies, and WHEREAS, the Human Services Coalition is funded in part by the City of Ithaca to provide an objective overview of human service needs and provision, and to evaluate requests for City support; now, therefore, be it RESOLVED, That all 1990 requests for city funding from private agencies seeking to provide non- mandated human services shall be submitted to the Human Services Coalition for review and by their time deadlines, and be it further RESOLVED, That the Coalition shall report its findings to the Human Services Committee of Common Council by August 15, 1989, and be it further RESOLVED, That the following criteria shall be used by the Coalition in its review of requests: A -1. The application shall be received by the Human Services Coalition by Friday, May 26, 1989 and the applicant must complete the Human Services Coalition review process in a timely manner. W_ 37 April 5, 1989 QQ �97 A -2. An application may be reviewed either through the Human Services Coalition review for human services proposals, or through the process review for other types of proposals, but not both. - A-3. The applicant must also request funding from the County and /or appropriate town(s) if more than 5% of those served by the proposal are not city residents. A -4 Applicant must submit the following materials: budgets for 1989 and 1990, financial reports for 1987 and 1988, and enumeration of other funding sources. A -5. If the applicant received city funds in 1989, the applicant shall have demonstrated that they performed effectively under the contract. (0 B. The Coalition shall award points for the degree to which #� the proposal meets the following criteria, on a scale of 1 to 5, (i} 5 being the most desirable rating, for each criterion; if H-A applicant does not supply sufficient information for Coalition to make a judgment, the proposal receives zero points in each such case. B -1. Proposal will serve city residents in proportion to city funding requested compared to total program budget. B -2. The proposal will serve an identified need which does not duplicate another service, with higher points allocated in proportion to the severity of the problem (WMOO� in the city. B -3. Points will be allocated in proportion to the severity of the effect on or demand for services from city departments and /or other human service providers if this proposal is not funded by the city. B -4. The proposal is designed to effectively meet the needs of its clients; proposal includes measurable objectives. B -5. The agency has been effective in securing and managing needed fiscal resources, e.g., developed internal controls, sought other funds, invested reserves..... B -6. Population to be served by proposal can be shown to be a population in financial need (i.e. federal poverty guidelines). B -7. Agency has thoroughly sought other sources of funding. B -8. Agency has demonstrated extreme financial need for itself due to increased case load or loss of funding or extreme financial 'need on the part of the clients it serves - up to 3 points. B -9. The request for city funding is less than half of that requested for County funding, and be it further RESOLVED, That the Human Services Coalition shall review all proposals that meet criteria A -1 through A -4, shall recommend whether each request should be fully or partially funded, and shall consider both new and previously funded agencies, and shall inform the applicant of the Coalition's recommendation and make a copy of such report available to the applicant. Carried Unanimously r in April 5, 1989 *18.4 Funding Guidelines By Alderperson Peterson: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca recognizes its commitment to supporting human services delivery for its citizens, and WHEREAS, an indication of the financial level of support assists the Human Services Coalition in recommending dollar amounts for each agency; now, therefore, be it RESOLVED, That the city will make every effort to meet, at least, the amount of 1989 human services funding, which sum included the allocation to the Human Services Coalition ($98,922). Ayes (9) - Booth, Peterson, Nichols, Killeen, Lytel, Romanowski, Hoffman, Johnson, Cummings Nay (1) - Schlather Carried *18.5 Proposed State Budget Cuts for Youth Services By Alderperson Peterson: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca has long been providing outstanding services to youth in our community, and WHEREAS, it is widely recognized that youth development / delinquency prevention programs provide benefits to the youths and community in which they live, and WHEREAS, New York State has, for more than 40 years, assisted in funding such vital programs; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca urges the Governor and Legislature to restore the New York State Division for Youth Local Services appropriation to 1988 -89 levels, and to remove or oppose the language in Article 7 of the proposed 1989- 90 budget that repeals Executive Law, Section 420, Article 19A, and be it further RESOLVED, That this resolution be immediately forwarded to the Comptroller, Department of Budget and Finance, Governor Cuomo, Honorable Martin Luster, Honorable James Seward, Honorable Mary Goodhue, Honorable Al Vann. Carried Unanimously Fire Department Long Range Planning - Report Alderperson Peterson stated that in regards to the Fire Department Long Range Planning, there is a great urgency that this committee meet as soon as possible. She requested that someone take charge and set the meeting up as there is a July 1 deadline on ideas for long range planning. rr Mayor Gutenberger stated that the Town Board meets on April 10 to make their appointments, Council made theirs tonight, there is still a representative from the Union that needs to be appointed. NEW BUSINESS: Appeal of Landmarks Preservation Commission Decision - 132 North Quarry Street - Owner Jason Fane - Refer to Committee By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the matter of the appeal of the Landmarks Preservation Commission decision regarding 132 North Quarry Street demolition be referred to the Planning and Development Committee. Carried Unanimously Nature of Council Meeting with Richard Simberg, NYS DoT Alderperson Nichols wished to clarify that this is a Committee of the Whole meeting of Common Council, not a Planning and Development Committee meeting. April 5, 1989 489 39 City Water for Community Gardens Alderperson Nichols reported that last summer the Community Gardens used 80,000 gallons of water over the season. The cost of the payment on that meter was $720.00. The City Engineer has stated that he doesn't think that should be paid out of the water fund. Unless he is specifically instructed to do so he is not going to connect the water meter for the Community Gardens until the question of who is going to pay for the water is resolved. Discussion followed on the floor. The matter will be investigated. EXECUTIVE SESSION: On a motion the Common Council adjourned into Executive Session at 12:30 a.m. and reconvened in Regular Session at 12:45 a.m. BUDGET AND ADMINISTRATION COMMITTEE: Police Benevolent Association Contract By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Agreement between the City of Ithaca and the Police Benevolent Association for a new three -year contract commencing January 1, 1989 and expiring on December 31, 1991, be approved as recommended by the City's Negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the Contract on behalf of the City under its corporate seal. A vote on the resolution resulted as follows: Ayes (9) - Nay (1) - Romanowski, Killeen, Nichols, Johnson, Hoffman, Lytel, Cummings, Booth Schlather Carried Peterson, ADJOURNMENT: On a motionthe meeting adjourned at 12:50 a.m. Callista F. Paolangeliv City Clerk a