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HomeMy WebLinkAboutMN-CC-1989-09-06Ill 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. September 6, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Nash Planning & Development Director - Van Cort Police Chief - Mc Ewen Personnel Administrator - Walker Ck Building Commissioner - Datz 6+ Fire Chief - 1.(, Acting Superintendent of Public Works - Fabbroni City Chamberlain - Parsons Youth Bureau Director - Cohen ` PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the August 1, 1989 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That the Minutes of the August 1, 1989 Common Council (4600, Meeting be approved as published. Carried Unanimously Approval of Minutes of the August 14, 1989 Special Common Council Meeting By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the August 14, 1989 Special Common Council Meeting be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Section 30.33(C) Entitled 'Height and Open Space' of Chapter 30 Entitled 'Zoning' and An Ordinance Amending Section 30.3(B) Entitled 'Height of Building' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Killeen: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider amending Section 30.33(C) entitled 'Height and Open Space' and Section 30.3(B) entitled 'Height of Building' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth explained the amendments that are being proposed. No one appeared to address the public hearing. Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider amending Section 30.33(C) entitled 'Height and Open Space' and Section 30.3(B) entitled 'Height of Building' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously IT 121 2 September 6, 1989 "Housing Now!" - Report Ann Hales, 603 Utica Street, reported to Council there will D.C. a "Housing Now" march and rally on October 7th in Washington, D. She said the message that will be relayed that day is that people want homelessness ended now through safe, decent, affordable housing for all people. Ms. Hales said in Tompkins and Cortland counties, there are 4 buses of local people who will be traveling to Washington, D.C. to attend the march and rally. She urged Council members, as Ithaca's local, elected City officials, to support these peaceful efforts in whatever way that they can. Ms. Hales further stated there is a fund raiser scheduled for September 8th at the Fall Creek Theatre. There will also be a march on September 9th at 10:30 a.m. from DeWitt Park and a rally on The Commons at noon. She handed out programs for Saturday's events to Council members and she urged them to attend. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Alderperson Hoffman requested the addition of a memo from the Chair of the Conservation Advisory Committee re. a satellite dish in Stewart Park. He asked that a brief discussion take place with referral to the proper committee. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of the final report and recommendations of the Ithaca Fire Department Personnel Committee with referral to the proper committee. No Council member objected. Budget and Administration Committee Alderperson Schlather requested the joint consideration of Budget and Administration Committee Item 18.5 (Homeless Shelter at Southside Community Center) with Human Services Item 15.1 (Emergency Shelter at Southside Community Center). No Council member objected. MAYOR'S APPOINTMENTS: Purchasing Agent Search Committee Mayor Gutenberger reported that he has appointed Dominick Cafferillo, City Controller, to serve on the Purchasing Agent Search Committee and he asked the Council's approval. Resolution By Alderperson Killeen: Seconded by Alderperson Nichols RESOLVED, That this Council approves of the appointment of Dominick Cafferillo to serve on the Purchasing Agent Search Committee. Carried Unanimously Arts and Culture Committee Mayor Gutenberger requested approval of Council for the appointment of Sally Grubb, 112 Birchwood Drive, as At -Large member to the Arts and Culture Committee. Resolution By Alderperson Johnson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of Sally Grubb as a Member -at -Large to the Arts and Culture Committee. Carried Unanimously Hydropower Commission Mayor Gutenberger requested approval of Margaret Fabrizio, 213 King Street to the Hydropower Commission with an indefinite term. J `J lt3 3 September 6, 1989 Discussion followed on the floor regarding the appointment. Alderperson Hoffman asked that the record reflect that this appointment to the Hydropower Commission does not require Common Council approval. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Common Council approves the appointment Of (Wool Margaret Fabrizio to the Hydropower Commission for an indefinite term. Ayes (7) - Lytel, Nichols, Johnson, Booth, Killeen, Peterson, Hoffman Nays (3) - Cummings, Schlather, Romanowski Carried Tompkins County Youth Bureau Board Mayor Gutenberger requested approval of Common Council for the �.9 appointment of LaBerta Glasser, 201 Center Street, as City Representative to the Tompkins County Youth Bureau Board with a term to expire December 31, 1989. Resolution By Alderperson Johnson: Seconded by Alderperson Cummings RESOLVED, That this Common Council approves the appointment of LaBerta Glasser as City Representative to the Tompkins County Youth Bureau Board with a term to expire December 31, 1989. Carried Unanimously Handicapped Accessibility Committee Mayor Gutenberger stated that he is establishing a committee on handicapped accessibility and has received several recommendations and names of volunteers to serve on the committee. He will announce the membership at the October meeting of Common Council. Ad Hoc Committee for Sewage Treatment Site Re -use Mayor Gutenberger announced that he has appointed the following persons`to the Ad Hoc Committee for Sewage Treatment Site Re -use: Common Council - Sean Killeen Robert Romanowski Planning & Development Board - Susan Blumenthal Board of Public Works - Carol Reeves Joseph Daley COMMUNICATIONS• City Clerk Paolangeli read the following letter to Common Council from David I. Stewart, Assistant to the Vice President and Director of Community Relations for Cornell University, dated September 5, 1989: "Dear Mayor and Council Members: (we, As Common Council begins its deliberations on the establishment of a local historic district in Cornell Heights, I am pleased to have the opportunity to submit the following information for the record. Cornell University continues to believe that the major issue is one of neighborhood preservation, and that it is in the interest of both the neighborhood and the university to have Cornell Heights continue in its present largely residential mix. This position is based on a special review conducted by Sasaki Associates as part of its efforts to develop an overall campus plan for the university. Based on a Sasaki recommendation, and in the context of future growth plans for the university that targeted development in the Town of Ithaca toward the orchard I 1.4 4 September 6, 1989 area and Route 366, the Chairman of the Buildings and Properties Committee of the university's Board of Trustees has endorsed the Sasaki recommendation that found that a modified local historic district would create a win -win situation for the neighbors and the university. In the areas that would be eliminated from the district recognized earlier this year by the state, the university would impose limitations on its legal rights to build or use property in accordance with zoning requirements and to use its property for purposes consistent with our educational mission. These conditions were discussed at length with residents of Cornell Heights and respond to a number of concerns that the neighbors wanted us to address. Cornell has proposed an agreement that would be in effect for 30 years, providing that the historic district is modified as indicated on the attached map. For example, those portions of Cornell Heights that would be omitted from the district for use by the university would permit the university, in accordance with the agreement, to build a residence complex behind Anna Comstock within certain height and density limitations. We would also agree to pay the expense of moving houses onto Wait Avenue to serve as a buffer when and if the Anna Comstock site was developed. If that was prohibitively expensive or infeasible from an engineering perspective, we would build houses of consistent design. The other conditions are spelled out in the proposed agreement, which was developed several months ago, prior to the recommendation by Commissioner Lehman. I know that years of uncertainty have clouded relationships between the university and the neighbors, but an agreement such as that proposed by the university and the stating of Cornell's intentions in an area that is important to the university will go a long way toward the mutual goal of neighborhood preservation." City Clerk Paolangeli read the following letter from Mary Raddant Tomlan, 200 Delaware Avenue, dated September 5, 1989: "Dear Mayor Gutenberger and Members of Common Council: As I am unable to attend the September 6 Common Council meeting, I am writing to convey my support for the designation of Cornell Heights as a local historic district. My position is taken as a resident of Ithaca and, in particular, as an architectural historian whose research and teaching have concentrated on the built environment of the United States during the late nineteenth and early twentieth centuries. Cornell Heights has both aesthetic and historic significance for the City of Ithaca. Its topographic separation from the city proper; its distinctive layout and landscaping, sympathetic to the terrain; and its array of handsome, individualized dwellings combine to make it a quintessential suburb. Further, the strong connection between the growth of Cornell Heights and its developers' interests in Ithaca's trolley line identify it as a "streetcar suburb". Yet not only does Cornell Heights exemplify these "types" in American city development, but, by its proximity to Cornell and attractiveness to faculty for their residences, it also reflects an important period of expansion for the university and the city. In its annexation of Cornell Heights in 1903, the City of Ithaca recognized the potential of this northern suburb as an asset to the corporation. In the designation of the proposed Cornell Heights Historic District, the City will acknowledge the contribution of this area to the aesthetic and historic character of Ithaca, and will help to ensure the continuation of this benefit while permitting reasonable change in a vital residential neighborhood. I therefore urge the approval of the Cornell Heights Historic District." 19� 0 i t' 5 September 6, 1989 City Clerk Paolangeli read the following letter from Mahlon R. Perkins, dated September 6, 1989: "Dear Mayor Gutenberger and Members of Common Council: I represent Cerberus Fraternity which owns 4.3 acres of land at 55 Ridgewood Road, fronting on Ridgewood Road and Highland Avenue. The property is located in the proposed Cornell Heights Historic District. My clients have been working with several developers on proposals for 2.5 acres of the property. This is one of the last large undeveloped parcels in the area which would compromise the Cornell Heights Historic District. My clients have retained a large parcel surrounding the fraternity house at 55 Ridgewood Road (1.8 acres) and they are concerned that the Historic District designation not be an obstacle in developing the remainder of the parcel. The parcel to be developed contains an abandoned in- ground swimming pool and an extremely dilapidated shack. (_s A review of the proposed Standards for Rehabilitation refer to E.j the qualities or character of a building, structure or site and its environment and require that those not be destroyed. Since the development of this parcel will require changes to the site [.,9P_� we are concerned that the Historic District designation not be an unreasonable or overly restrictive obstacle. The historic nature and character of the structure on the 1.8 acre parcel to be retained will not be altered by the proposed development. My client respectfully requests that you consider its concerns when you enter into your deliberations on the adoption of the proposed Historic District." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Cornell Heights, Festival Lands, Hockey Rink and Zoning Ordinances John Schroeder, 618 Stewart Avenue, urged Council to vote for the historic designation of Cornell Heights. He spoke against the Festival Land transfer which is on tonight's agenda. In terms of the Ice Rink proposal, he does not think the document that has been drawn up is sufficient to protect the City's interest. Mr. Schroeder stated he supports the zoning ordinance amendments that are on the agenda for this evening. Mayor Gutenberger stated for the record that Mr. Schroeder is a candidate for public office. He asked that anyone who speaks, who is a candidate, to please identify themselves as such. City Building Code Enforcement Monica E. Burgess, joint owner of property at 515 South Cayuga Street, addressed Council. She stated that the process for obtaining a building permit in the City of Ithaca is a nightmare. She has been trying unsuccessfully since October 1988 to obtain a building permit. Ms. Burgess compared the City of Ithaca Building Department procedure with the City of Binghamton procedure and noted that the City of Ithaca should be advised that a backlash is coming, possibly in the form of class action lawsuits. Southside Emergency Shelter Terry Pasco, 121 Prospect Street, Director of the Friendship Center, addressed Council about the resolution on the agenda for the emergency shelter at Southside and stated that both } resolutions before Council are not enough for funding needs for Southside. He urged that the City guarantee the Southside Center the $25,000 that they need so they can go ahead and hire the staff and get the shelter operating this winter. Many of the groups that work with the homeless can work with the City to see what sources of money there might be to replenish part of these funds. 6 September 6, 1989 Cornell Heights Historic District Designation The following persons spoke in favor of the Historic Designation for Cornell Heights: Claire Berman - ill Kelvin Place David Bendaniel - 111 Kelvin Place Julie Lynch - 1037 Snyder Hill Road Barbara Lynch (property owner at - 112 Kelvin Place) Tom Cookingham - 202 Fall Creek Drive Sandra Bem - 301 Wyckoff Avenue Susan Robey - 202 Wait Avenue Joseph Minogue - 122 Wait Avenue Isaac Kramnick - 125 Kelvin Place Phyllis Janowitz - 1 Lodge Way Daryl Bem - 301 Wyckoff Avenue Catherine Penner - 121 Kelvin Place (presented letters from Barbara Lewis, 203 Thurston Avenue and Fran Morris, 8 Lodge Way in support of the designation). Raymond DiPasquale, 203 Wyckoff Avenue, spoke in opposition to the Cornell Heights historic district designation. He presented to the Clerk copies of three letters he had written. One addressed to the Cornell Heights Neighborhood Association, one to his neighbors in Cornell Heights and one to Leslie Chatterton, all opposing this designation. Carl Sagan and Ann Druyan, 900 Stewart Avenue, both addressed Council and explained that they are not opposed to the Cornell Height Historic District designation. However, they are opposed to their property being included in that designation. Festival Lands Transfer Doria Higgins, 2 Hillcrest Drive, representing "Citizens to Save Our Parks" read the following statement to Common Council: "Our group opposes transfer of the Festival Lands at Cass Park to the Fingerlakes State Park Commission to enlarge Treman Marina, about which I will speak, and we oppose the construction of a second hockey rink in Cass Park on the site of the present tennis courts (Sally Grubb will address that resolution). Our group most strongly protest in both in these resolutions the bypass of required procedures - procedures specifically designed to protect our environment. We deplore such a lack of respect and concern for our park lands and green spaces. We are opposed to the transfer of the Festival Lands to Fingerlakes Parks because, as you know, Mr. Mazella, Director of Fingerlakes, intends to use the land to enlarge the marina by one pier of 58 slips. While we appreciate that Mr. Mazella's motive is to serve the public and to yield to the demand for more slips, we don't think that adding a mere 58 slips will in any way appease that demand. What adding another pier and building the asphalt road out to the lake side with asphalt parking lots (which he plans to do) what that will do, will be to endanger the environmental privacy of the Hogs' Hole, the last remaining tiny strip of what was once a vast wildfowl and wildlife refuge, and to intrude cars into the lovely semi - natural land next to the Hogs' Hole, an area which is now a human refuge from civilization. Why ruin this spot, beautiful for all of us, all year long just to accommodate 58 out of town boat owners for the summer months? As you know, our group fought vigorously to keep roadways and parking lots by the lake at Stewart Park. But the park land near the marina has a different quality. Please Common Council, please Mr. Mazella, let's keep as it is this one spot left by the lake where we can get away from cars and roads and parking lots and landscaping. .J i [ •;' 7 September 6, 1989 We are aware of the fact that Mr. Mazella may choose to put in a road regardless of whether you transfer the Festival Lands to him, in which case there will be another campaign for us but he cannot enlarge the marina without the Festival Lands. For you to transfer the Festival Lands tonight would be to lose for us, the people who live in Ithaca and enjoy that area year round, the struggle to preserve a uniquely beautiful spot. Please don't do SO. In addition to our objections to the "transfer" of the land itself we strongly object to the ambiguous and confusing language of the resolution to implement that "transfer" -- language so vague and confusing that we do not see how you can in good conscience vote for this resolution, since if you read it carefully you will see that you can't really know what you are voting for. The first RESOLVED directs the City Attorney to "prepare the necessary instruments for transfer." What does this ,o word "transfer" mean? Does it mean sell, trade, lease, giveaway? As you know there have been number of serious questions about r•• this matter raised by our group and others. Before you can vote knowledgeably, you need to know what this words means and we think the meaning should be clear in the wording of the resolution. The fourth RESOLVED of the resolution makes clear that "instrument of transfer" will be "executed" without need to come back to Common Council: in other words, voting tonight on this resolution as it now reads, will be the final action on your part concerning the matter. We also object to the fact that the resolution asks only that the "required environmental review be completed." It does not stipulate, as it should, that the instrument not be executed until the environmental review has been completed and a declaration of negative impact on the environment been obtained. Furthermore, we object most strongly that the resolution asks you to vote before the environmental review has been completed and examined and approved by you, and before the public has had a chance to examine it. The avoidance of this required due process in this resolution and the camouflage of such avoidance by vague and ambiguous language is not right." Mayor Gutenberger stated, for a point of clarification, there appears to be a different interpretation between Ms. Higgins and the City Attorney about her statement that this resolution would be executed tonight without the need to come back to Common Council. He does not believe that is true. He asked the City Attorney to clarify the point. City Attorney Nash stated that he believes the environmental review has to be completed before the transfer can be authorized. Basically, this resolution would be passed and then the documents would be worked on but you have to complete the environmental review and then vote to transfer the property, so the resolution would be coming back to Common Council. Second Hockey Rink at Cass Park (Woo,ol Sally Grubb, 112 Birchwood Drive, speaking for "Citizens to Save our Parks" read the following statement: "We are opposed to placing the proposed second hockey rink obstructively in the middle of Cass Park. The imposition of a 30 foot high, two hundred and twenty foot long pre- fabricated metal building on the site of the present tennis courts, directly next to the swimming pool will visually cut the park in two and be aesthetically very unpleasing. Those of us who walk there know that the beauty of that park are the long vistas in all directions from the Lansing hills to Ithaca College. The planned site for the building will not only obstruct these vistas, it will unpleasantly deflect heat onto the swimming pool area in the 118 8 September 6, 1989 summer, and it also forces the tennis courts to a less desirable and much windier location. Shouldn't it be questioned whether a windowless, insulated, air conditioned building properly belongs anywhere in the park at all? Skating in such a building is no longer an outdoor or park activity. In the present rink one can look out and see sky and trees and the skyline of Cornell and Ithaca College: walking outside the present rink one can look through it to trees and distant hills. As with the Festival Lands resolution we must strongly protest in the hockey rink contract resolution the bypassing of established procedure: in this case, site plan review. And because park land is involved and because the entire contract, including the costs quoted, is site specific to the tennis courts such avoidance is particularly offensive. Site plan review should be completed before you vote approval tonight for the Mayor to sign this contract. It is specious to argue that site plan review can properly follow at some undesignated time your approval of this site specific contract. We would find it deplorable if before you tonight attempting to two resolutions before you, both avoiding procedures designed to only deplorable but suggestive accepted by you." there were only one resolution avoid proper procedure. To have dealing with park land and both protect our environment is not that this has become a pattern Baling Station -.Commercial Avenue Site Chris Zakakis, 309 Sunnyview Lane, stated to Council that he had just come from a County Board of Representatives meeting where the dEIS for the baling station was accepted by the Board for the preferred site on Commercial Avenue. He said that the dEIS will be available September 13th for the public to review. Mr. Zikakis remarked that the Board is preparing beautiful drawings of the site. It looks more like an elitist equestrian facility than it does like a garbage baling station but that is all part of the sales process. Another observation that Mr. Zikakis made was that the facility has become very large. It is now 160 feet by 300 feet, which is larger than a football field. The third observation is that the dumping doors where the garbage trucks will pull up to the facility are located immediately next to where the bikeway is supposed to go. The fourth observation is that the entrance way from the Elmira Road to the facility is on the border of Southwest Park which the Mayor and the Council have designated as low- income housing and for light industrial use to broaden the tax base. Mr. Zakakis' fifth observation, which he thinks is very important, is does the County have any other site to fall back upon? The answer from the Board is that they would have to start the whole process over, which would take a long time. The Board did stress the importance of time - Landstrom will only be able to last until 1990, then the new dump will have to be operational and the only way that can be working is if this baling station is built. Mr. Zikakis stated that in speaking with Barbara Eckstrom, she suggested that neighbors and citizens shift their emphasis toward trying to figure out a better way to ease the problems and the smell and also trying to push the Board of Reps to plant more vegetation, etc. He asked that Council consider stronger steps or another plan to persuade the Board of Representatives to consider another site. 119 9 September 6, 1989 Transfer of Festival Lands - Second Hockey Rink Betsy Darlington, 204 Fairmount Avenue, read the following statement to Council: "A lot more than the Hogs' Hole wetland is at stake in the proposed transfer of the Festival Lands. Currently, there is a wide band of lawn between the Treman Marina and the Hogs' Hole. This grassy area forms a beautiful green avenue to the lake, and is the only place we have on this end of the lake with such an open, uncrowded feeling to it. As population density increases, places such as this are becoming rare and extremely valuable. Once they are lost, they are lost forever. There is a movement in the big cities to our east to save some of the open spaces that are still left, places that provide a measure of psychic relief that cannot be found on a psychiatrist's couch or anywhere else. Incidentally, people recovering from heart attacks, surgery, and other problems have told me they find this place almost indispensable to their recovery. 0.) In talking to several members of Common Council, I have jt discovered that those who have not gone down there with the map- - 3 and with State Parks personnel to explain the map - -do not realize that this entire gentle, serene landscape between the marina and �-'-� the Hogs' Hole would be eaten up by the marina expansion. One `C° more pier does not sound like much, but in fact, one pier requires an enormous amount of space - -about twice as much as I had thought before I saw their map. The clump of 5 large cottonwood trees to the west of the marina (and on the west side of the grassy boulevard) would be removed, because that is where the new western edge of the marina will be, if the Festival Lands are transferred! (4WO-11 If this ill- conceived plan is ever implemented, I think the people of this city will be truly outraged when they see what has been taken away from them. And when the Parks System starts charging admission for use of the area, that will be the final blow. How many cities can boast an unspoiled, broad expanse of open space next to a wild area, leading to a beautiful lake, right in the city? No admission. And no asphalt, no cars, no noise, no pollution. (Unfortunately much of this will be taken away if the State Parks goes through with the rest of their plan, which calls for a new road, two parking lots, two "comfort stations ", and new picnic areas, north of the Hogs' Hole and marina. They don't seem to recognize that what they have there right now is just as it should be, and meddling with it will simply destroy it). Something else you should know is that the area to the west of the lawn, the area that is now weeds (that should be permitted to grow up each year) , is a critical resting and feeding area for numerous migrating birds, including some scarce species. This weedy area would be replaced by a mowed lawn. A biologist at Ithaca College tells me that this weedy area and the Hogs' Hole are one of the best places in the county to see large concentrations of many species. He takes his classes there every year. The weedy area is also an important stopover spot for many species of migrating butterflies. Because of the biological richness of the Festival Lands, the area is also an important place for people who find refreshment in witnessing this richness. So it's not just "saving it for the ;. birds." It's also saving it for important educational and recreational use by humans. Do we really want to give up all this for the sake of satisfying the desires of 58 more boaters ?" 120 10 September 6, 1989 Old Sewage Treatment Plant Valorie Rockney, 304 Linn Street, representing the Senior Citizens Council, addressed Council and stated the Senior Citizens' continued interest in the site of the old sewage treatment plant. She said that the participation in the Senior Citizens Center has been going up dramatically over the past few years, primarily because of the increase in the number of seniors as well as the need for programming for senior citizens. Ms. Rockney said the center is in dire need of more space. She stated that the Senior Citizen Center has spoken several times with the Sciencenter and feel very comfortable that the Sciencenter and the Senior Center together on that land, perhaps with a small park for public use included, would be a very compatible and sensible use of the space. Ms. Rockney stressed to the Council the importance of the Senior Citizens Center staying within the City of Ithaca. Cornell Heights Historic District Designation Attorney Dirk Galbraith, 200 East Buffalo Street, addressed Council representing clients Carl Sagan and Ann Druyan. Their request is that their property at 900 Stewart Avenue not be included in the Cornell Heights local historic designation. Attorney Galbraith stated that if Council members review the provisions of the municipal code relative to the formation of historic districts, he believes they will find that the Sagan property does not fulfill the criteria of Section 32.3, subdivision 3, for inclusion. Attorney Galbraith explained that the residence on the property was constructed within the past 15 years. The property itself is located on the north rim of Fall Creek Gorge. Attached to the residence is a stone mausoleum which at one time was the fraternal meeting place of the Sphinxhead Society. Atty. Galbraith said that the older mausoleum building has been characterized as an example of the Egyptian revival style of architecture. Assuming there is such a thing as the Egyptian revival style of architecture, he would suggest to Council that it is one of possibly two examples of this style in the entire City of Ithaca - the other being the Masonic Temple. Atty. Galbraith stated that as such, it is not representative of any period or style of architecture typical of one or more eras in the history of the City of Ithaca. Attorney Galbraith cited from Section 32.3, subdivision 3b, and respectfully submitted that any property must satisfy all three criteria of that subdivision. He stated that this property does not - it is not typical of anything, either in the Cornell Heights district or the City of Ithaca as a whole. Atty. Galbraith further stated that the Landmarks Preservation Commission, in making its designation, has made no specific findings about this property or why it should be included in a historic district. He said that his belief is that you cannot simply create the historic district willy - nilly. There are no findings that the properties within the district represent some style or period of architecture, as required by the Code. Attorney Galbraith, in closing, stated there is no expert opinion as required by Section 32.6, subdivision B, justifying including this property in a historic district and that is a specific requirement of the Municipal Code. He stated that on behalf of his clients, he has commenced a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, seeking a judicial review of the designation of the Sagan / Druyan property as part of this historic district by a Supreme Court Justice. That petition is due to be heard in the State Supreme Court on September 22. 19 W-nn 'y l 11 September 6, 1989 Attorney Galbraith urged the Council to defer consideration of this property until after judicial ruling has been determined on the questions that he has raised. He said that his clients have no objections to the creation of the district itself, they merely object to including their property in it, because it does not fulfill the criteria of the Municipal Code. Lynn Cunningham, Architectural Conservator at Historic Ithaca, read the following letter from Barbara E. Ebert, Executive Director of Historic Ithaca: "On behalf on the Board of Directors and the membership of Historic Ithaca, I would like to express our support for the proposal to designate Cornell Heights as a local historic district. Such a designation is the logical culmination of the process which began with an inventory of historic resources, sponsored by N and paid for by the City of Ithaca and the State Office of Parks, Cc) Recreation and Historic Preservation. This survey and the ,, subsequent nomination process were conducted by professional staff and reviewed by trained historians at the State level. In °N i•4 August 1998, the State Board for Historic Preservation -- composed of architectural scholars, historians and other eminently q ualified persons--agreed unanimously that the proposed district was eligible for nomination to the National Register of Historic Places. The lengthy and well - publicized discussions which followed introduced no significant information to challenge the basis for this nomination, and in May of 1989, Commissioner Oren Lehman forwarded the Cornell Heights Historic District to the National Parks Service for listing. This local historic district nomination is placed before you this evening, having been approved unanimously by the Ithaca Landmarks Preservation Commission and forwarded to the Common Council by the Planning and Development Committee. Despite these strong votes of approval and the support of many, if not most, of the Cornell Heights community, this nomination is being opposed by some people out of ignorance and fear. [Cornell University has also noted its opposition, which may also be traced to those same roots, as well as to its goals for development in Cornell Heights.] The ignorance in this situation is not an issue of education, but a matter of understanding. First, and perhaps foremost, there exists a misunderstanding about what makes the Cornell Heights area historic. It is no longer necessary or desirable to prove that George Washington slept there - -or even that Simon DeWitt slept there. A district is not historic just because of its association with one founding father. An area is given historic district status when it meets a variety of architectural and historical criteria, which Cornell Heights has done. The fact that architecture of the area is primarily from the early twentieth century does not make it less historic. It is just as important in forming a complete picture of the history and development of Ithaca as the Clinton House; both deserve appropriate recognition - -on the national, state and local level. Ignorance is also apparent in the misconceptions voiced about the review procedure. Major changes to the exterior of a designated structure -- changes which require a building permit - -are reviewed by the Ithaca Landmarks Commission. It is factually incorrect to portray this process as being a great drain of time or money. Leslie Chatterton, as staff person to the Landmarks Commission, makes extraordinary efforts to assist applicants and ensure timely reviews. The commission itself has met numerous times at the convenience of a building's owner or manager and has been admirably clear in its directions. This is not a bludgeoning process, beating the property owner into submission, but a 12 September 6, 1989 thoughtful process, asking owners, neighbors, and commission members to note what is important and seek a common goal. Fear also plays its part in this misconception, as most of use do not relish another layer of government. While some may view local landmark designation strictly as additional governmental control, it is actually an opportunity for the homeowner, the architect and the public. Local landmark designation does not prohibit all new construction, but asks everyone to assume a greater responsibility for the manner in which decisions relating to a new structure are made. Should the existing structure - -if there is one - -be demolished, or will that impair the cohesive character of the area? If a new building is to be built, how should it relate to the surrounding historic buildings? Would it be appropriate to erect a ten story tower amid more modestly - sized structures? This can be an important process, and it can help to produce better architecture; it should not be feared any more than greater knowledge should be feared. Lastly, misinformation continues to incorrectly relate landmark designation with zoning issues. The number of persons occupying a unit of housing and other zoning matters are not addressed by the Landmark Commission or the ordinance. Local landmark designation does not seek to prevent as much as to promote; the values being recognized by designation involve both traditional American ideals and modern concepts of significance and appropriateness. Ithaca has had local historic districts for more than a decade, and everyone's worst fears have not been realized. What has occurred is an increased sensitivity to our environment - -both natural and manmade - -and an almost measurable enhancement of our community and its self image." Festival Lands, Route 96 Guy Gerard, 140 College Avenue, addressed Council and stated his opposition to the transfer of the Festival Lands to the State parks. He also spoke on Route 96 and pedestrian safety in that area. He urged Council to address the concerns of pedestrians in the Route 96 issue. Cornell Heights Historic District Designation Petru Petrina, 201 1/2 Wyckoff Avenue, spoke to Council in opposition to the Cornell Heights Historical District designation. Second Hockey Rink at Cass Park David Ruether, 1189 East Shore Drive, read the following statement from Betsy Darlington: "According to the Ithaca Journal, the Town of Lansing would be happy to help build a new skating rink in Lansing. I urge you to let them do so and to vote down tonight's request for the City's assistance for a second rink in Cass Park. The amount of money the City would have to put up is very large, and could easily become overwhelming. (Face it; once the thing has been started, the City isn't going to pull out when there are cost overruns - -as there surely will be.) At the same time, some of the downtown neighborhoods are in dire need of more educational and recreational opportunities. The same money, spent in those neighborhoods, could go a long way toward solving some pressing problems, not the least of them drugs. And there are other pressing problems in the City as well. Money for a new rink would be a truly foolish allocation of City resources." Mr. Ruether stated that he agrees with the sentiments expressed in this communication. I 13 September 6, 1989 RESPONSE TO THE PUBLIC: Baling Station Alderperson Cummings requested clarification from the Mayor on a meeting date with the County and the City to meet and discuss the baling station site. She said that she is going to place it on the Planning and Development Committee agenda for September 27th. Mayor Gutenberger responded that he has not yet been able to confirm a meeting with the County. Alderperson Cummings stated that she understood from Barbara Eckstrom that the County was going to be dealing with the public hearing on September 28th and that is a very inconvenient time for Council members, due to other meeting commitments. She asked if the Mayor could request the County to delay the public hearing for one week. She thinks it is important that the City be represented at that public hearing. F� Mayor Gutenberger responded that the public hearing is open to f_ the entire county. We can request that the meeting date be �i changed but he is not sure that the County would want to change a meeting date for five people. �.. "_ Homelessness Alderperson Lytel stated that it is important for people to understand that the resolution on the agenda tonight is addressed only to spending 1989 money. The process is underway to determine what money the City will spend in 1990. REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Planning Board Alderperson Killeen reported that at the Planning Board meeting on September 5 there were two resolutions passed by the Board regarding the subdivision of the "Pogo Parcel" (Watts Lot). One resolution was that this Council proceed as quickly as possible to pass legislation creating the new zoning category of R -2c, which has been in committee for some time. The second resolution was that the "Pogo Parcel" be re -zoned to whatever comes out of the deliberations as the R -2c category because this will enable flexibility in proceeding with that subdivision, particularly for clustering action. Alderperson Killeen stated that it was the express wish of the Planning Board that the representative to the Board from the Board of Public Works, Joseph Daley, be requested to take the matter of relocating Lake Street in its entirety to give greater flexibility for planning of land use in that area. COMMUNICATIONS FROM THE MAYOR: Post Office Relocation Mayor Gutenberger reported that the correspondence he received about the relocation of the Post Office contained no new information. He cited the following from the cover letter: "The proposal contains all the relevant data from which the postal service decided to carry out the Ithaca - Elmira AMP Plan ". Mayor Gutenberger stated emphatically there is no relevant data in this letter. He said that the public demands to see more than this and at least some dialogue of what led to this decision. CITY ATTORNEY'S REPORT: Lawsuit Papers re_ Sagan's Property in the Cornell Heights Historic District City Attorney Nash stated that papers have been received about the historic designation of Cornell Heights for the Sagan /Druyan property from Atty. Galbraith. The hearing is scheduled for September 22, 1989. Alderperson Booth asked City Attorney Nash if the lawsuit impedes the Council's authority or ability to act tonight on this matter. x_2,11 14 September 6, 1989 City Attorney Nash responded that the Council is free to proceed; there is no legal impediment to their proceeding now. Baling Station Alderperson Romanowski asked if that the Council can follow to picking Commercial Avenue as the there is any course of action try to dissuade the County from site for the baling station. City Attorney Nash stated that the County, as a municipal government, has authority to condemn property for public purposes and if they move to acquire the property by eminent domain, they will have to establish in Court the proper public purpose and that they have gone through all the proper legal steps to authorize such action. Atty. Nash said that he has reviewed the situation when two municipalities of governmental entities fight over the same site for a public purpose and frankly you can get into a kind of stand -off with both municipalities condemning back and forth. At that point the State legislature would have to decide which public purpose was pre- eminent. In Atty. Nash's opinion, there is not much the City can do to stop the County, short of having some other pre- eminent public purpose for the property. Fall Creek Designation re. Hydropower Alderperson Hoffman asked City Attorney Nash to comment on his memo, dated September 6, 1989, updating the Council on the Fall Creek designation regarding hydropower. City Attorney Nash responded that if Fall Creek is designated, as proposed, it will not affect the City's ability to go forward with hydropower development. It would most likely bar any other new applicant from developing it for hydropower because of the failure to obtain a State 401 Water Certification. City /Jason Fane Lawsuit Update In response to Alderperson Killeen's question of the status of the lawsuit, City Attorney Nash said that a motion by the defendant for an adjournment of the trial was granted in early August and his understanding is that the present trial date is September 22nd. Recess Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:25 p.m. Cornell Heights Historic Designation Mayor Gutenberger asked City Attorney Nash to respond to the legal question that Carl Sagan had asked earlier about the designation of Cornell Heights and his property that is involved. City Attorney Nash stated that in talking with the Building Commissioner, it is his understanding that a building permit request has been filed, although not granted, and if the property is designated this evening, they would then be required to go to the Ithaca Landmarks Preservation Commission to get an alteration permit before they could be issued a building permit. HUMAN SERVICES COMMITTEE: * 15.2 Proposed Postal Service Relocation of Processing operation By Alderperson Lytel: Seconded by Alderperson Nichols WHEREAS, at its April meeting the Common Council passed a resolution opposing the US Postal Service's consideration of a plan to relocate as many as 45 jobs from Ithaca to Elmira because the impact of such an action would result in the loss of approximately $1.6 million in wages from the Ithaca economy, and potentially affect mail delivery to Ithaca businesses and residences could also be effected, and C� p.; 1 0 15 September 6, 1989 WHEREAS, the Common Council requested that a copy of the study upon which this action would be based be shared with it as well as with post office employees, and WHEREAS, Thomas J. Fritsch, Field Division General Manager/ Postmaster, in a letter dated April 4, 1989 assured the City that "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," and WHEREAS, this promise notwithstanding, an announcement of the acceptance of the results and implementations of the Area Mail Processing Plan was made by Ithaca Postmaster Karl Anderson on August 10, 1989 without making the study results public, and WHEREAS, the City of Ithaca assessing the advantages and relocation plan, and WHEREAS, the City believes it examine all information available a relocation decision, and has not received information disadvantages of the proposed should have the opportunity to before the Postal Service makes WHEREAS, Local 151 of the American Postal Workers Union has filed unfair labor practice charges against the Postal Service for failure to disclose this information, and WHEREAS, the City of Ithaca believes that careful examination of all the relevant facts would show that the proposed relocation is not justified; now, therefore be it RESOLVED, That the City repeats its request for the study upon which the proposed job relocation is based, and be it further RESOLVED, That the City reaffirms its opposition to the proposed relocation, and be it further RESOLVED, That the City of Ithaca requests that the Postal Service deliver to` it a study that examines the comparative advantages of expansion of Ithaca operations as compared with the proposed relocation to Elmira, and be it further RESOLVED, That the City reaffirms its interest in receiving an explanation from the Postal Service as to how the proposed job relocation relates to the purchase of land by the Postal Service on Warren Road for an expanded local postal operation, and be it further RESOLVED, That if this information is not forthcoming the City will exert all legal means at it disposal to acquire the information upon which this proposed action has been based, and be it further RESOLVED, That the City will continue to work with the postal workers union and other community groups to fight this proposed job relocation. Alderperson Lytel explained the reasons for the resolution. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 Cornell Heights Local Landmark Designation By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, in July 1986, Common Council authorized the Director of Planning and Development to submit an application to the New York State Office of Parks, Recreation and Historic Preservation 1.261 16 September 6, 1989 for a Certified Local Government Subgrant to conduct a historic and architectural resources survey and prepare a National Register nomination for the Cornell Heights neighborhood, and WHEREAS, the findings of the survey and nomination showed that the significance and integrity of the Cornell Heights survey area meets criteria for listing on the New York State and National Register of Historic Places, and WHEREAS, the New York State Commissioner on Parks, Recreation and Historic Preservation has concurred with the City's finding and on May 12, 1989 recommended listing on the New York State and National Register of Historic Places, and WHEREAS, the Cornell Heights neighborhood is extremely vulnerable to development pressure, and WHEREAS, local designation serves to protect the existing character of neighborhoods, and WHEREAS, following the public hearing held on August 14, 1989, the Ithaca Landmarks Preservation Commission as lead agency determined by unanimous vote that local designation of Cornell Heights will result in no major impacts, and therefore, is one which may not cause significant damage to the environment, and, WHEREAS, following the public hearing the Ithaca Landmarks Preservation Commission unanimously recommended local designation of all Cornell Heights properties included within the boundary of the State and National Register Districts, and WHEREAS, local designation will not conflict with the master plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, in accordance with provisions and procedures set forth in Section 32.6C of the Ithaca Landmarks Preservation Ordinance recommends local designation of the %Cornell Heights Historic District, effective September 7, 1989. Alderperson Cummings gave background information on the resolution. She noted that the Secretary of Interior standards which the Landmarks Commission applies are flexible guidelines. She thinks that someone applying for a building permit for a contemporary addition, not visible from the public right -of -way, would be treated with the utmost flexibility and speed by the Landmarks Commission. Alderperson Cummings commented that she is sure that the immediate project under question at the Sagan home would be able to go forward as quickly as if it were not designated but with the security that the designation affords to the entire community. Alderpersons Hoffman, Peterson, and Killeen stated their reasons for supporting the Cornell Heights Historic District designation. Alderperson Booth asked, for the record, that Ms. Chatterton address what the Landmarks Commission did vis -a -vis its consideration of Cornell's proposed 30 -year plan. Ms. Chatterton responded that the proposal was not officially brought before the commission. However, the commission did consider a modification of the boundaries in accordance with what was requested in the proposal and in fact, received consultation from the State Office of Parks, Recreation and Historic Preservation who came down once again and reviewed the boundaries to see if an alteration of boundaries could possibly be made. 12 , i , 17 September 6, 1989 In the opinion of the State, and of the Commission's consultant and City staff, the boundaries that have been drawn for Cornell Heights Historic District are really the only boundaries that could make sense for the district. Excluding properties owned by Cornell would be more or less arbitrary and not in keeping with the architectural and historic findings. Alderperson Nichols stated that he is in support of the historic designation. He stated that he is concerned about the Sagan case which he thinks needs some special treatment because, as he understands it, the work that was done in terms of the Sagan property has been ongoing for a long time. A lot of architectural work has been done and the delay in getting the permit is clearly not due to the owners. He would like to have it on the record that there be some assurance, in a case such as the Sagans, not that the property be exempt from inclusion in the district, but that some grandfather clause be used to allow the plans as they presently have in the application go forward without having to re -do it once again. .� Alderperson Schlather commented that he is in favor of the °^ designation but he is concerned about the effective date of the resolution. He asked why, if this particular project is in process, has received zoning variance and all the necessary approvals in connection therewith, and has, in fact, received the support of the neighborhood, and an application for demolition has been filed and an application for a building permit has been filed, why was the permit not issued prior to this date? City Attorney Nash responded that one reason is the ten day grace period and another reason is that the Building Department has been swamped with all the new occupancies that they have had to review in the last three weeks. we Further discussion followed on the floor. Building Commissioner Datz answered questions from Alderperson Schlather. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the effective date of the resolution be changed to September 28, 1989. Discussion followed on the amendment. A vote on the amendment resulted as follows: Ayes (2) - Schlather, Romanowski Nays (8) - Cummings, Lytel, Nichols, Booth, Killeen, Hoffman, Johnson, Peterson Motion Fails Alderperson Romanowski stated, for the record, that the large turn out of the residents in the Cornell Heights area in favor of designation was quite moving and he appreciates them taking the time and the effort. He remarked that he understands that this designation is sought for many reasons, including the rather (4000� large neighbor along the side of them. Alderperson Romanowski stated further that he is in favor of historic designation but for individual, truly historical sites. He has constantly opposed the wholesale designation of all - structures in an area and he has not found any argument for this area either to go along with it. Therefore, reluctantly, he will vote against this resolution because of the blanket designation of both truly historical sites and those that are just merely old. 128 18 September 6, 1989 Main Motion A vote on the Main Motion resulted as follows: Ayes (9) - Booth, Cummings, Nichols, Lytel, Hoffman, Johnson, Killeen, Schlather, Peterson Nay (1) - Romanowski Carried * 16.3 Festival Lands Transfer By Alderperson Cummings: Seconded by Alderperson Schlather RESOLVED, that the City Attorney is hereby directed to prepare the necessary instruments for transfer of the Festival Lands to Finger Lakes State Park Commission, and be it further RESOLVED, that the area known as Hogs' Hole shall be specifically identified in the instruments of transfer and that such instrument shall stipulate that Hogs' Hole shall be preserved in perpetuity as a protected natural area, and be it further RESOLVED, That the Finger Lakes Park Commission shall be limited to construction of one additional pier for no more than 58 additional boat slips and further stipulated that the open areas shall be maintained as park land in perpetuity and be it further RESOLVED, That Council shall not vote on this transfer and such instruments shall not be executed until the required environmental review has been completed and accepted by Common Council. Alderperson Cummings gave background information on the resolution. Discussion followed. Alderperson Killeen questioned whether Mr. Mazzella, as the Finger Lakes Commissioner, has the authority to negotiate on behalf of the State, or must it go to Albany for input. Mr. Mazzella responded that he believes the Finger Lakes attorney did write to Alderperson Booth saying that he does have the designated power to negotiate on behalf of the State. The procedure that will follow is that when the City agrees to transfer that land to the State of New York, it will go through all the necessary legal reviews in their department of law, the Comptroller's office, the Attorney General's Office, and any other State Agency that might need to approve it. Alderperson Booth stated that in regard to the letter that he had written to the State, the answer that he received he finds non- responsive to the questions which he asked. He said that it cited absolutely no authority and he could not make heads or tails of it and he has not pursued it further. Further discussion followed with several Alderpersons stating their reasons for not supporting the resolution. Motion to Refer to Committee By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That the resolution on the Festival Lands Transfer be referred back to the Planning and Development Committee for further review and report back to Common Council. Carried unanimously Alderperson Booth addressed City Attorney Nash. He stated that he had understood the City Attorney to say before that it would take eight votes of the Council to transfer this property. He has heard tonight that Atty. Nash has reached an alternate conclusion and he asked him to explain. u l �.. y O 19 September 6, 1989 City Attorney Nash responded that when the City dealt with the issue of transferring part of Tioga Street to the County for the new Mental Health Facility, it was brought to his attention there was a provision in the General Municipal Law which allows the City and any municipal government to transfer property to another municipal government or the State, for whatever consideration, under whatever terms and conditions it deems best, and that provision would be applicable despite our Charter provisions which require consideration and an eight vote majority. That provision does not proscribe any super majority vote to affect a transfer to the State of New York. It would only be necessary to have 6 votes from Common Council and terms and conditions could be set by Common Council. * 16.4 Zoning Ordinance Amendment a) Notice of Public Hearing By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be, and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York, on Wednesday, October 4, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.25 AND 30.26 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30.25 OF CHAPTER 30. 1. That Column 2, Permitted Primary Uses, is hereby amended to read as follows under the "I -1" use district (deletions are bracketed; additions are underlined): 1. Any use permitted in B -5 district, except that dwelling units are prohibited. 2. [Any use not permitted in any other district including] Industrial, warehousing, storage and handling of bulk goods (not including toxic and noxious materials), lumberyards, and agriculture except that no animals may be kept within 50 ft. of any property line. 3. Any use riot permitted in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with Section 30.26 and concurrence by the Common Council. 1249 113 () 20 September 6, 1989 4. All uses must conform to special performance standards governing establishment of industrial uses (See Section 30.41). SECTION 2. AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C)(1) is hereby amended to add the following: p Any use not permitted as of right in the I -1 zoning district. SECTION 3. AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C) is hereby amended to add Subsection 5 as follows: 5. In the I-1 zone, uses other than those permitted under Section 30 25 may be permitted by special permit upon a findinq bV the Board of Zoning Appeals and concurrence by the Common Council that such use shall have no negative impact by reason of noise fumes odors vibration noxious or toxic release or other conditions injurious to the health or general welfare. SECTION 4. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the word "rubbish" (as defined in Section 69.1(N) of the Municipal Code) be inserted after toxic and noxious materials in Section 1 (1.2) Discussion followed on the amendment. A vote on the amendment resulted as follows: Ayes (9) - Schlather, Booth, Killeen, Peterson, Nay (1) - Hoffman Nichols, Cummings, Lytel, Romanowski, Johnson Carried Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the above Zoning Ordinance Amendment (Section 30.25 and 30.26) be referred back to the Planning and Development Committee for review and clarification. Further discussion followed on the floor. A vote on the referral motion resulted as follows: Ayes (6) - Nichols, Johnson, Booth, Peterson, Hoffman, Romanowski Nays (4) - Schlather, Killeen, Cummings, Lytel Carried * 16.4c Zoning Ordinance Amendment - Designation of Lead Agency for Environmental Review By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council of the City of Ithaca is the agency charged with primary responsibility for implementation of the city's environmental quality review ordinance as provided under Section 36.6 D 1 of the ordinance, and I e1 1. -21- WHEREAS, it is the nature of certain matters brought before the Council for consideration that it is most appropriate for the environmental review to be performed under the direct guidance of Council, with Council acting as lead agency, and WHEREAS, this Common Council finds that the proposed amendment of the permissible use provisions in the city's I -1 zones is a (Wor, matter which requires environmental review, and that it would be appropriate for the Common Council to act as lead agency therefor, now, therefore, be it RESOLVED, That the Common Council act as lead agency for environmental review of the proposed zoning amendment, in accordance with the procedures established by Chapter 36 of the Municipal Code of the City of Ithaca. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: Q) * 18.1 Agreement Between the City /Community Recreation !E; Center /Ithaca Youth Hockey Association for the Construction and Operation of Ice Rink at Cass Park By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to execute the agreement between the City and Community Recreation Center, Inc. and Ithaca Youth Hockey Association, Inc., for the construction and operation of a Ice Rink, related improvements, equipment acquisition and the relocation of tennis courts adjacent to the existing Cass Park Ice Skating Rink. Provided that the same is executed by all parties before December 1, 1989. If this contract is not executed by all parties by that date, this (60001 agreement shall be null and void. Discussion followed with the Alderpersons stating their reasons for supporting or not supporting this resolution. A vote on the resolution resulted as follows: Ayes (4) - Schlather, Lytel, Cummings, Romanowski Nays (6) - Hoffman, Booth, Johnson, Killeen, Peterson, Nichols Motion Defeated HUMAN SERVICES COMMITTEE: * 15.1 City of Ithaca Emergency Shelter at Southside Community Center By Alderperson Lytel: Seconded by Alderperson Killeen WHEREAS, a working group considering the City of Ithaca's response to the growing problem of homelessness in our community was formed by the Human Services Committee at its March meeting, and WHEREAS, this group met several times with representatives of a number of community organizations that work with the problems of the homeless, and (6000, WHEREAS, the Southside Community Center and the City began the operation of the shelter at the Center in January 1988 on a temporary basis without consideration of the long -range implications, and } WHEREAS, the City has requested and the Southside Community Center Board has furnished a set of conditions under which the Center is willing to continue to be used as a temporary cold weather shelter, and WHEREAS, the Board has made it clear it wishes to see the program continue but does not feel it is in the best interests of its other programs to continue to house the program in the Southside building after this Winter, and 132 -22- WHEREAS, the Board has requested $25,513 to meet the cost of providing staff support for the operation of the shelter for the 1989 -90 Winter, and WHEREAS, at the June meeting of Common Council the expenditure of $3,000 was authorized to hire a consultant to research future funding sources for a permanent homeless shelter, but that this expenditure is no longer required due to the Tompkins County Economic Opportunity Corporation's action to hire a qualified consultant to conduct the same work plan, and WHEREAS, the Homeless Needs Assessment Preliminary Results, authored by Dierdre Silverman for the Tompkins County EOC, shows without question that the shelter at Southside is not duplicative of other shelter operations in the county, is unique in serving the population that has been using the shelter, and that the Southside request is in line with the expenses associated with the operation of other shelters in Tompkins County on a dollar per bed night basis, and WHEREAS, the committee established by the Human Services committee has met, discussed, and endorsed these recommendations as necessary initial steps in formalizing the City's role in treating the problem of homelessness; now, therefore, be it RESOLVED, That the Common Council recognizes that the problem of homelessness is growing and will necessitate a rescue mission - type shelter like that operated by Southside for at least the next several years, and be it further RESOLVED, That $300 be taken from the account originally established in June to hire a consultant and that it be paid to the Southside Community Center to underwrite the administrative costs associated with making an application to the United Way for its Merrill Shipperd Memorial Program for new and emerging human service needs, and be it further RESOLVED, That in exchange for reassuring the City that each new client of the shelter will be asked by the Center's Outreach Coordinator to apply for public assistance, the City will enter into a contract with the Southside Community Center for the period of October 1st to December 31st 1989 to pay the calculated per diem rate (up to $25) for each client whose stay cannot be reimbursed by the County Department of Social Services, to an amount not to exceed $12,750 which is the half of the request by the Southside Center that would be required to operate the shelter from October to the end of December, and be it further RESOLVED, That the City urges the EOC to make a written commitment to using the major portion of its 1990 allocation of McKinney Act money to the operations of the shelter at Southside, and be it further RESOLVED, That if McKinney Act, United Way, and County DSS monies are not forthcoming or not sufficient the City will act as the funding agency of last resort for the remaining $12,750 necessary to operate the shelter from January to the end of March 1990. BUDGET AND ADMINISTRATION COMMITTEE: * 18.5 Human Services Committee - Operation of a Cold Weather Shelter at Southside Community Center At Alderperson Schlathers request the following resolution was placed on the floor to be considered jointly with the Human Services resolution on the homeless shelter at the Southside Community Center: 19 i. 3: / -23- WHEREAS, the Human Services Committee has recommended that the City contract with the Southside Center for the operation of the City of Ithaca Emergency Shelter at Southside Community Center; now, therefore, be it RESOLVED, That the balance of that money ($2,700) be allocated to the contract between Southside and the City for the operation of a cold weather shelter, and be it further RESOLVED, That an additional $10,050 be transferred from Unrestricted Contingency to Common Council Contractual Services �..� A1010 -435, to this same purpose, and be it further RESOLVED, That this total ($12,750) be transferred from the City to Southside in the form of a contract reflecting a per diem ►�.' expenditure for each bed night so that the Center is also ` eligible for reimbursement for some portion of their bed nights by the County Department of Social Services, and be it further RESOLVED, That these funds will only be provided if the Southside Center agrees that its Outreach Coordinator will interview each new client of the Shelter to determine if he or she is eligible for DSS support and will assist those who are eligible in making their application, and be it further RESOLVED, That the Mayor be and he is hereby requested to make application to the County for full operational funding for this program for the period after January 1, 1990. Discussion followed on the floor regarding striking the last Resolved from the Human Services Committee's resolution. Amending Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the last Resolved be stricken from the Human Services resolution. Ayes (5) - Schlather, Romanowski, Cummings, Hoffman, Booth Nays (5) - Killeen, Lytel, Johnson, Peterson, Nichols Mayor Gutenberger voted Aye. Carried (6 -5) Further discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 3rd Resolved in the Human Services Committee's resolution be stricken and in substitution therefor, the Council will add the Resolved clauses 2, 3, 41 5 and 6 from the Budget and Administration Committee's resolution. Ayes (9) - Schlather, Booth, Romanowski, Lytel, Hoffman, Peterson, Johnson, Killeen, Cummings Nay (1) - Nichols Carried Main Motion as Amended WHEREAS, a working group considering the City of Ithaca's response to the growing problem of homelessness in our community was formed by the Human Services Committee at its March meeting, and RESOLVED, That the expenditure of $300 from the account (Wool established options for by Common a cold weather Council in June to research future funding shelter be released to Southside Center to underwrite the administrative costs associated with making an application to a new United Way program, and be it further RESOLVED, That the balance of that money ($2,700) be allocated to the contract between Southside and the City for the operation of a cold weather shelter, and be it further RESOLVED, That an additional $10,050 be transferred from Unrestricted Contingency to Common Council Contractual Services �..� A1010 -435, to this same purpose, and be it further RESOLVED, That this total ($12,750) be transferred from the City to Southside in the form of a contract reflecting a per diem ►�.' expenditure for each bed night so that the Center is also ` eligible for reimbursement for some portion of their bed nights by the County Department of Social Services, and be it further RESOLVED, That these funds will only be provided if the Southside Center agrees that its Outreach Coordinator will interview each new client of the Shelter to determine if he or she is eligible for DSS support and will assist those who are eligible in making their application, and be it further RESOLVED, That the Mayor be and he is hereby requested to make application to the County for full operational funding for this program for the period after January 1, 1990. Discussion followed on the floor regarding striking the last Resolved from the Human Services Committee's resolution. Amending Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the last Resolved be stricken from the Human Services resolution. Ayes (5) - Schlather, Romanowski, Cummings, Hoffman, Booth Nays (5) - Killeen, Lytel, Johnson, Peterson, Nichols Mayor Gutenberger voted Aye. Carried (6 -5) Further discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 3rd Resolved in the Human Services Committee's resolution be stricken and in substitution therefor, the Council will add the Resolved clauses 2, 3, 41 5 and 6 from the Budget and Administration Committee's resolution. Ayes (9) - Schlather, Booth, Romanowski, Lytel, Hoffman, Peterson, Johnson, Killeen, Cummings Nay (1) - Nichols Carried Main Motion as Amended WHEREAS, a working group considering the City of Ithaca's response to the growing problem of homelessness in our community was formed by the Human Services Committee at its March meeting, and 134 -24- WHEREAS, this group met several times with representatives of a number of community organizations that work with the problems of the homeless, and WHEREAS, the Southside Community Center and the City began the operation of the shelter at the Center in January 1988 on a temporary basis without consideration of the long -range implications, and WHEREAS, the City has requested and the Southside Community Center Board has furnished a set of conditions under which the Center is willing to continue to be used as a temporary cold weather shelter, and WHEREAS, the Board has made it clear it wishes to see the program continue but does not feel it is in the best interests of its other programs to continue to house the program in the Southside building after this Winter, and WHEREAS, the Board has requested $25,513 to meet the cost of providing staff support for the operation of the shelter for the 1989 -90 Winter, and WHEREAS, at the June meeting of Common Council the expenditure of $3,000 was authorized to hire a consultant to research future funding sources for a permanent homeless shelter, but that this expenditure is no longer required due to the Tompkins County Economic Opportunity Corporation's action to hire a qualified consultant to conduct the same work plan, and WHEREAS, the Homeless Needs Assessment Preliminary Results, authored by Dierdre Silverman for the Tompkins County EOC, shows without question that the shelter at Southside is not duplicative of other shelter operations in the county, is unique in serving the population that has been using the shelter, and that the Southside request is in line with the expenses associated with the operation of other shelters in Tompkins County on a dollar per bed night basis, and WHEREAS, the committee established by the Human Services committee has met, discussed, and endorsed these recommendations as necessary initial steps in formalizing the City's role in treating the problem of homelessness; now, therefore, be it RESOLVED, That the Common Council recognizes that the problem of homelessness is growing and will necessitate a rescue mission - type shelter like that operated by Southside for at least the next several years, and be it further RESOLVED, That $300 be taken from the account originally established in June to hire a consultant and that it be paid to the Southside Community Center to underwrite the administrative costs associated with making an application to the United Way for its Merrill Shipperd Memorial Program for new and emerging human service needs, and be it further RESOLVED, That the balance of that money ($2,700) be allocated to the contract between Southside and the City for the operation of a cold weather shelter, and be it further RESOLVED, That an additional $10,050 be transferred from Unrestricted Contingency to Common Council Contractual Services A1010 -435, to this same purpose, and be it further RESOLVED, That this total ($12,750) be transferred from the City to Southside in the form of a contract reflecting a per diem expenditure for each bed night so that the Center is also eligible for reimbursement for some portion of their bed nights by the County Department of Social Services, and be it further p- -25- RESOLVED, That these funds will only be provided if the Southside Center agrees that its Outreach Coordinator will interview each new client of the Shelter to determine if he or she is eligible for DSS support and will assist those who are eligible in making their application, and be it further RESOLVED, That the City urges the EOC to make a written commitment to using the major portion of its 1990 allocation of McKinney Act money to the operations of the shelter at Southside, and be it further RESOLVED, That the Mayor be and he is hereby requested to make application to the County for full operational funding for this program for the period after January 1, 1990. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 15.3 Support of the Job Action Against the New York Telephone Company By Alderperson Lytel: Seconded by Alderperson Peterson WHEREAS, the Common Council of the City of Ithaca has consistently upheld the principles of: jobs with justice, economic security through fair wages, and the worth of individuals whose labor is the basis for any company's well- being, and WHEREAS, the telephone workers in Ithaca and surrounding areas, represented by the CWA and IBEW are on strike against New York Telephone and its parent company, NYNEX, protesting benefit cutbacks, loss of job security, and asking for a fairer share of the economic benefits earned by the workers of the company; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca extends its support to the men and women who are on strike against the New York Telephone Company. Carried Unanimously GIAC Renovations and Expanded Day Care - Report Alderperson Lytel reported that the GIAC Board will meet on September 21st to consider a resolution to abrogate the agreement with the Drop -in Children's Center that is very likely to pass. The Human Services Committee asked the GIAC representatives to consider all of the potential combinations of the three elements involved in this agreement, GIAC, Daycare, and BOCES. They asked the GIAC Board to address the question that if BOCES and other programs were removed from the picture, could GIAC and Daycare co -exist in the building and of whether it would cooperate with a program oriented space study of the GIAC building to see if GIAC and Daycare could co- exist. PLANNING AND DEVELOPMENT COMMITTEE: * 16.2 Ithaca Industrial Park - Permit for Economy Paving By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the Mayor is hereby authorized and directed to execute upon the advice of the City Attorney, the City Engineer, and the Director of Planning and Development a permit for Economy Paving Co., Inc. of Cortland, NY to use an area of not more than } two (2) acres in the southwest corner of the Ithaca Industrial Park at a fee of not less than five thousand dollars ($5,000) /per acre /per year to be paid to the City either in cash or through an "in kind" contribution; that there is to be a sixty (60) day vacate provision in the permit; and that the permit is not to exceed a period of two (2) years without further authorization of Common Council. Carried Unanimously 13f► -26- Route 96 - Report Alderperson Cummings referred to a draft of a letter that has been prepared by Planning staff and reviewed by the Planning and Development Committee. She requested that if there are any comments, changes, or criticisms to please submit them to the Planning Department before the letter goes to Mr. Simberg, the Regional Director of DoT in Syracuse. CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Amending Section 30.3(B) Entitled 'Height of Building' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTION 30.3(B) ENTITLED 'HEIGHT OF BUILDING' OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That Section 30.3(b) entitled 'Height of Building' is amended as follows: 1147. Height of Building 'Height of a building' shall mean the vertical distance measured from average finished grade level to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers, and similar constructions not intended for human occupancy, or necessary equipment carried above roof level. Where a building contains sections of a roof of varying heights, the height of that building shall be measured using that section of the roof that has the highest elevation from average finished grade level. The average finished grade level shall be determined from a datum established by the average elevation of the finished grade adjoining the exterior walls of the building." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried Unanimously * 17 2 An Ordinance Amending Section 30.33(C) Entitled 'Hei ht and Open Space' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTION 30.33(C) ENTITLED 'HEIGHT AND OPEN SPACE' OF CHAPTER 30, ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That Section 30.33(C) entitled 'Height and Open Space' is amended as follows: 1130.33(C). Height and Open Space. J i 3'1 -27- In any district, any main building may be erected to a height in excess of that specified for the district, provided: 1) each required front, side and rear yard is increased one foot on the ground for each one foot of such additional height; 2) in all Districts, the number of stories permitted may not be exceeded; and 3) in each district the number of additional feet may not exceed 10% of the maximum building height allowed in that (40", district." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Ayes (9) - Booth, Hoffman, Nichols, Schlather, Romanowski, Cummings, Johnson, Lytel, Killeen Nay (1) - Peterson Carried ( -1 17.3 An Ordinance Amending Section 39.7 of Chapter 39 Entitled °.� 'Site Development Plan Review' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Killeen `= WHEREAS, the Common Council of the City of Ithaca, New York has previously approved the addition of Chapter 39, Site Development Plan Review, to the Municipal Code, and WHEREAS, Section 39.7 of Chapter 39, Application Fee, requires clarification in order to assure that the intent of the Common Council is preserved; now, therefore be it (400", RESOLVED, That Ordinance No. 89- , An Ordinance Amending Section 39.7 of Chapter 30 entitled "Site Development Plan Review" is hereby approved. ORDINANCE NO. 89- AN ORDINANCE AMENDING SECTION 39.7 OF CHAPTER 39 ENTITLED "SITE DEVELOPMENT PLAN REVIEW" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. That Chapter 39 entitled "Site Development Plan Review" of the City of Ithaca Municipal Code is amended as follows: 1. That Section 39.7 entitled "Application Fee" is hereby amended to read as follows: 39.7 Application Fee An application fee shall be charged to each applicant for each site development plan that is reviewed by the Board of Planning and Development. The fees shall be based on the total construction costs of the project, including, but not limited to site improvements, and shall be charged in accordance with the following schedule. Fees shall be payable to the City of Ithaca upon the submission of a Preliminary Site Development } Plan. Total Estimated Application Construction Costs Fee Less than $10,000 $ 50.00 $10,000 to $1001000 $ 100.00 i 3 1(), IWAIM More than $100,000 $1 per $1000 of construction costs. SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter Carried Unanimously Subdivision Exactions for Park Purposes - _Report Alderperson Booth reported that subdivision exactions for park purposes will be brought before Council for action in October. R -2c Zoning - Report Alderperson Booth stated that he and Paul Mazzarella have had extensive meetings on the R -2c zoning and it will be back on the Charter and Ordinance Committee agenda for the September meeting. BUDGET AND ADMINISTRATION COMMITTEE: * 18.2 City Chamberlain Authorized to Charge $15.00 on All Checks Returned Because of Insufficient Funds By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the City Chamberlain be authorized to charge $15.00 as a matter of municipal policy on all checks which are returned for insufficient funds or otherwise as allowed under Section 85 of the General Municipal Law. Carried Unanimously * 18.3 Amend City Charter Article IV Taxation and Assessment- Place on Table for Action at the October 4, 1989 Meeting of Common Council By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That a Local Law amending City Charter, Article IV entitled "Taxation and Assessment", Section 4.6 thereof entitled "Purchase by City ", be and is hereby placed on the table for action to be taken at the October 4, 1989 meeting of the Common Council. Carried Unanimously LOCAL LAW NO. OF THE YEAR 1989 A LOCAL LAW AMENDING ITHACA CITY CHARTER, ARTICLE IV ENTITLED 'TAXATION AND ASSESSMENT', SECTION 4.6 THEREOF ENTITLED 'PURCHASE BY CITY' BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ARTICLE IV, SECTION 4.6 THEREOF Section 4.6 (E) of Article IV of the Ithaca City Charter is hereby amended to read as follows: E. Purchase by City If there is no other bidder for any parcel of land duly advertised and offered for sale pursuant to this Section, it shall be lawful for, and the City of Ithaca, by the City Chamberlain or one of his deputies, may bid in said parcel of land for the City of Ithaca pursuant to the same rules and regulations as to docketing, redemption and tax deed as herein provided. Notwithstanding the above the Common Council may. resolution authorize and direct the City Chamberlain on behalf of the Cit of Ithaca to purchase lands at the tax sale without competitive bidding, for the gross amount due. I F& -29- SECTION 2. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the Office of the Secretary of State. * Underline is new language. (6wo'l- * 18.4 Authorization in Connection with Hydropower at the Van Natta Dam Site By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That an amount not to exceed $2,500 be authorized for the procurement of expert legal services in conjunction with the preparation of an agreement between the City and a private developer for the development of hydropower at the Van Natta Dam site, and be it further RESOLVED, That $2,500 be transferred from A1990 Restricted Contingency for hydropower to the City Attorney's Fees for Professional Services line A1420 -430. "x Ayes (9) - Schlather, Romanowski, Booth, Nichols, Lytel, Cummings, Johnson, Hoffman, Peterson Nay (1) - Killeen `mil• Carried * 18.6 Police Department Computer Software By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Chief of Police be authorized to enter into an agreement with Charles Gabriel for an amount not to exceed $10,000, for consultant services necessary to review he proposals for law enforcement software and provide other services in (600e, connection therewith, and make recommendations as to which of the proposals should be accepted, and be it further RESOLVED, That said contract be paid from existing funds available in Capital Project #211 for Computer acquisition. Carried Unanimously * 18.7 Amend 1989 Youth Bureau Budget to Include One Full Time and One 15 Hour Per Week Youth Worker for the Balance of 1989 By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the 1989 Budget be amended by increasing appropriations, line A7310 -110 Youth Bureau Personnel Services, by $9,481, in order to add one full time youth worker and one 15 hour per week youth worker for the balance of the year in connection with the Youth at Risk and Community Partnership Program, contingent upon receiving written confirmation of the grant as proposed, and be it further RESOLVED, That estimated revenues A3820 State for Youth Programming be conversely increased by said $9,481. Carried Unanimously * 18.8 Request to Increase the Authorized Equipment List Threshold from $200 to $500 (400e By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the authorized equipment list threshold has heretofore been $200, whereby all purchases in excess of said amount have required Common Council authorization, and WHEREAS, various departments of city c review and reconsideration of the equipment list amount in view of equipment items; now, therefore, be it RESOLVED, That the minimum authorized $500, effective immediately. government have requested a $200 minimum authorized inflationary effects on threshold be increased to Carried Unanimously ( ,t t1 1.40 -30- * 18 .9 Finance Department Personnel Roster Amendment By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the position of Data Processing Operator be added to the 1989 CSEA Administrative Unit Compensation Schedule at Grade 14 ($14 -329 - $18,131), and that said position be added to the 1989 Finance Department Roster, and be it further RESOLVED, One Principal Account Clerk position be deleted from the 1989 Finance Department Roster, and be it further RESOLVED, That Connie Nelson be appointed to the position of Data Processing Operator at an annual salary of $18,131, which is Step 7 on such schedule, effective September 4, 1989. Carried Unanimously * 18.10 Ithaca Housing Authority Salary Comparisons By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, the Ithaca Housing Authority is mandated by the Department of Housing and Urban Development, our funding agency, to demonstrate that the salaries and wages of the employees of said Housing Authority are comparable with the practices of the local governing body for all positions of similar responsibility and required competence, and WHEREAS, the City of Ithaca authorized a 6% increase for 1989, including step increases for qualified employees; now, therefore, be it RESOLVED, That the Ithaca Housing Authority authorize a 6% increase for all qualified employees to bring the IHA employees closer to parity and comparability with City of Ithaca employees, and be it further RESOLVED, That the IHA establish the following positions, comparability and salary ranges for its Public Housing Section and covered by its Operating Budget: Salary Range Position Comparable Position and Salary Executive Director Director of Planning & $39,133 - $57,927 Development /Controller $42,759 (oper.) 2,375 (Sec.8) 2,375 (Voucher) Salary $47,510 Assistant Director Deputy Director Plann- $34,865 - $42,418 ing Department Salary $35,030 Principal Account City of Ithaca C.S.E.A. $15,785 - 19,973 Clerk Salary $23,101 Administrative City of Ithaca C.S.E.A. $14,472 - 18,311 Secretary Salary $18,663 Site Manager Planner III $18,146- 22,960 $10,497 (oper.) 10,497(Sec8 /You) Salary $20,994 Account Clerk City of Ithaca C.S.E.A. $11,046- 13,978 Typist Salary $12,952 Account Clerk City of Ithaca C.S.E.A. $11,046- 13,978 Typist $11,679 (Oper.) 1,298(Sec8 /Vou.) Salary $12,977 141 -31- Director of Recreation Supervisor $17,190 - $22,621 Resident Services C.S.E.A. (1988) Salary $18,020 Superintendent of Ithaca School District * *$24,202 Maintenance Salary $24,952 Stock Manager City of Ithaca C.S.E.A. $17,270- $22,725 Salary $19,144 Building Maintenance Maintainer - C.S.E.A. $6.34 -$7.40 hour Mechanic IHA $10.19 +O.T. guaranteed Salary *$21,850 Building Maintenance Maintainer C.S.E.A. $6.34 -$7.40 hour � �' I Mechanic IHA $9.59 +O.T. guaranteed Salary *$20,577 Building Maintenance Maintainer C.S.E.A. $6.34 -$7.40 hour Mechanic IHA $8.13 +O.T. guaranteed Salary *$17,439 Maintenance Worker City of Ithaca C.S.E.A. $5.72 -$6.70 hour IHA $7.30 +O.T. guaranteed Salary *$15,666 Maintenance Worker City of Ithaca C.S.E.A. $5.72 -$6.70 hour IHA $6.75 +O.T. guaranteed Salary *$14,484 Maintenance Worker City of Ithaca C.S.E.A. $5.72 -6.70 hour IHA $6.60 +O.T. guaranteed Salary *$14,165 Laborer City of Ithaca C.S.E.A. $5.36 -$6.26 hour IHA $6.12 +O.T. guaranteed Salary *$13,199 Laborer City of Ithaca C.S.E.A. $5.36 -$6.26 hour IHA $6.12 +O.T. guaranteed Salary *$13,199 SEASONAL 2 Summer Camp Directors $31600 (1 at Northside) $8.00 /hour (1 at Southview) $8.00 /hour 2 Assistant Directors $3,075 (1 at Northside) $7.00 /hour (1 at Southview) $6.50 /hour ,. 2 Senior Counselors $2,025 (1 at Northside) $4.50 /hour (1 at Southview) $4.50 /hour 2 Counselors - Northside $2,400 ($4.00 hour) $11,100 1.42 Section 8 Administrator Tenant Selector Account Clerk/ Typist Section 8 Assistant (Pro -rated Salary) and be it further M &M SECTION 8 /VOUCHER Planner II - C.S.E.A. Administrative Assis- tant - C.S.E.A. City of Ithaca C.S.E.A. See Site Manager Planner III - C.S.E.A. $20,855- 26,388 Salary $21,513 $14,329- $18,131 Salary $14,329 $11,046- $13,978 Salary $11,046 $18,146- $22,960 Salary $10,497 RESOLVED, That a copy of this resolution be forwarded to the Common Council of the City of Ithaca for their compliance with Section 3, Article 32(1) of the New York State Housing Law. * Per U.A.W. Union Contract ** No range available from City of Ithaca Civil Service Office Carried Unanimously * 18.11 Audit By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That bills presented, as listed on Audit Abstract #16/1989, in the total amount of $32,607.12, be approved for payment. Carried Unanimously * 18.12 Bond Resolution - Reconstruction of North Quarry Street_ By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That a resolution authorizing the issuance of $204,250 in Serial Bond and the appropriation and expenditure of $10,750 current funds of the City of Ithaca, Tompkins County, New York, to pay the cost of the reconstruction of North Quarry Street in and for said City. BOND RESOLUTION DATED SEPTEMBER 6, 1989. A RESOLUTION AUTHORIZING THE ISSUANCE OF $204,250 SERIAL BOND AND THE APPROPRIATION AND EXPENDITURE OF $10,750 CURRENT FUNDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF NORTH QUARRY STREET IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of North Quarry Street, including drainage and other incidental improvements in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $204,250 serial bonds pursuant to the provisions of the Local Finance Law, and there are hereby authorized to be expended $10,750 current funds of said City, which current funds are hereby appropriated therefor. PC -33- Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $215,000, and that the plan for the financing thereof shall consist of the issuance of the $204,250 serial bonds of said City authorized to be issued pursuant to this bond resolution and by the expenditure of the $10,750 current funds of said City authorized to be expended therefor pursuant to this bond resolution. It is hereby further determined that the current (Vm� funds described herein shall constitute the down payment required for such project pursuant to Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 20(b) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Vii' Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and the interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the f.lt principal of and interest on such bonds becoming due and payable y in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief (6W." fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, (400" shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 144 -34- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Romanowski - Aye Cummings - Aye Schlather - Aye Johnson - Aye Booth - Aye Lytel - Aye Killeen - Aye Hoffman - Aye Peterson - Aye Nichols - Aye Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Fire Department Personnel Committee Alderperson Killeen, as Chair for the committee, presented the following resolution to Council: "RESOLVED, That the Ithaca Fire Department Personnel Committee is forwarding the following recommendation to Common Council: - Add six fire personnel in 1990 and six more in 1991, on top of the five added in 1989. - Provide challenging, responsible opportunities for trained volunteers. - Entice Cornell University and Ithaca College to shoulder a greater portion of the community's fire fighting burden. - Extend the Town of Ithaca's contract with the City beyond the 1990 expiration date of the current contract. and be it further RESOLVED, That this recommendation be referred to the Human Services Committee for their consideration." Motion to Refer to Committee Alderperson Killeen: Seconded by Alderperson Johnson RESOLVED, That the resolution from Alderperson Killeen regarding the Fire Department Personnel Committee be referred to the Human Services Committee for review and the Budget and Administration Committee for budget discussion. Carried Unanimously NEW BUSINESS: Satellite Dish in Stewart Park Alderperson Hoffman reported that he has been informed that a satellite dish has been installed in Stewart Park near the boat house. He would like to have the matter investigated. Motion to Refer By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the question of the satellite dish in Stewart Park be referred to the Department of Public Works and the City Attorney to investigate and report back to the Council. EXECUTIVE SESSION: By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That Common Council adjourn into Executive Session to discuss the possibility of land negotiation. J ADJOURNMENT: Council came adjourned at -35- out of Executive Session and the meeting was 11:45 p.m. Callista F. Paolangeli City Clerk �J- t Ill 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. September 6, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Nash Planning & Development Director - Van Cort Police Chief - Mc Ewen Personnel Administrator - Walker Ck Building Commissioner - Datz 6+ Fire Chief - 1.(, Acting Superintendent of Public Works - Fabbroni City Chamberlain - Parsons Youth Bureau Director - Cohen ` PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the August 1, 1989 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That the Minutes of the August 1, 1989 Common Council (4600, Meeting be approved as published. Carried Unanimously Approval of Minutes of the August 14, 1989 Special Common Council Meeting By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the August 14, 1989 Special Common Council Meeting be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Section 30.33(C) Entitled 'Height and Open Space' of Chapter 30 Entitled 'Zoning' and An Ordinance Amending Section 30.3(B) Entitled 'Height of Building' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Killeen: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider amending Section 30.33(C) entitled 'Height and Open Space' and Section 30.3(B) entitled 'Height of Building' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth explained the amendments that are being proposed. No one appeared to address the public hearing. Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider amending Section 30.33(C) entitled 'Height and Open Space' and Section 30.3(B) entitled 'Height of Building' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously IT 121 2 September 6, 1989 "Housing Now!" - Report Ann Hales, 603 Utica Street, reported to Council there will D.C. a "Housing Now" march and rally on October 7th in Washington, D. She said the message that will be relayed that day is that people want homelessness ended now through safe, decent, affordable housing for all people. Ms. Hales said in Tompkins and Cortland counties, there are 4 buses of local people who will be traveling to Washington, D.C. to attend the march and rally. She urged Council members, as Ithaca's local, elected City officials, to support these peaceful efforts in whatever way that they can. Ms. Hales further stated there is a fund raiser scheduled for September 8th at the Fall Creek Theatre. There will also be a march on September 9th at 10:30 a.m. from DeWitt Park and a rally on The Commons at noon. She handed out programs for Saturday's events to Council members and she urged them to attend. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Alderperson Hoffman requested the addition of a memo from the Chair of the Conservation Advisory Committee re. a satellite dish in Stewart Park. He asked that a brief discussion take place with referral to the proper committee. No Council member objected. Report of Special Committees and Council Liaisons Alderperson Killeen requested the addition of the final report and recommendations of the Ithaca Fire Department Personnel Committee with referral to the proper committee. No Council member objected. Budget and Administration Committee Alderperson Schlather requested the joint consideration of Budget and Administration Committee Item 18.5 (Homeless Shelter at Southside Community Center) with Human Services Item 15.1 (Emergency Shelter at Southside Community Center). No Council member objected. MAYOR'S APPOINTMENTS: Purchasing Agent Search Committee Mayor Gutenberger reported that he has appointed Dominick Cafferillo, City Controller, to serve on the Purchasing Agent Search Committee and he asked the Council's approval. Resolution By Alderperson Killeen: Seconded by Alderperson Nichols RESOLVED, That this Council approves of the appointment of Dominick Cafferillo to serve on the Purchasing Agent Search Committee. Carried Unanimously Arts and Culture Committee Mayor Gutenberger requested approval of Council for the appointment of Sally Grubb, 112 Birchwood Drive, as At -Large member to the Arts and Culture Committee. Resolution By Alderperson Johnson: Seconded by Alderperson Killeen RESOLVED, That this Council approves the appointment of Sally Grubb as a Member -at -Large to the Arts and Culture Committee. Carried Unanimously Hydropower Commission Mayor Gutenberger requested approval of Margaret Fabrizio, 213 King Street to the Hydropower Commission with an indefinite term. J `J lt3 3 September 6, 1989 Discussion followed on the floor regarding the appointment. Alderperson Hoffman asked that the record reflect that this appointment to the Hydropower Commission does not require Common Council approval. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Common Council approves the appointment Of (Wool Margaret Fabrizio to the Hydropower Commission for an indefinite term. Ayes (7) - Lytel, Nichols, Johnson, Booth, Killeen, Peterson, Hoffman Nays (3) - Cummings, Schlather, Romanowski Carried Tompkins County Youth Bureau Board Mayor Gutenberger requested approval of Common Council for the �.9 appointment of LaBerta Glasser, 201 Center Street, as City Representative to the Tompkins County Youth Bureau Board with a term to expire December 31, 1989. Resolution By Alderperson Johnson: Seconded by Alderperson Cummings RESOLVED, That this Common Council approves the appointment of LaBerta Glasser as City Representative to the Tompkins County Youth Bureau Board with a term to expire December 31, 1989. Carried Unanimously Handicapped Accessibility Committee Mayor Gutenberger stated that he is establishing a committee on handicapped accessibility and has received several recommendations and names of volunteers to serve on the committee. He will announce the membership at the October meeting of Common Council. Ad Hoc Committee for Sewage Treatment Site Re -use Mayor Gutenberger announced that he has appointed the following persons`to the Ad Hoc Committee for Sewage Treatment Site Re -use: Common Council - Sean Killeen Robert Romanowski Planning & Development Board - Susan Blumenthal Board of Public Works - Carol Reeves Joseph Daley COMMUNICATIONS• City Clerk Paolangeli read the following letter to Common Council from David I. Stewart, Assistant to the Vice President and Director of Community Relations for Cornell University, dated September 5, 1989: "Dear Mayor and Council Members: (we, As Common Council begins its deliberations on the establishment of a local historic district in Cornell Heights, I am pleased to have the opportunity to submit the following information for the record. Cornell University continues to believe that the major issue is one of neighborhood preservation, and that it is in the interest of both the neighborhood and the university to have Cornell Heights continue in its present largely residential mix. This position is based on a special review conducted by Sasaki Associates as part of its efforts to develop an overall campus plan for the university. Based on a Sasaki recommendation, and in the context of future growth plans for the university that targeted development in the Town of Ithaca toward the orchard I 1.4 4 September 6, 1989 area and Route 366, the Chairman of the Buildings and Properties Committee of the university's Board of Trustees has endorsed the Sasaki recommendation that found that a modified local historic district would create a win -win situation for the neighbors and the university. In the areas that would be eliminated from the district recognized earlier this year by the state, the university would impose limitations on its legal rights to build or use property in accordance with zoning requirements and to use its property for purposes consistent with our educational mission. These conditions were discussed at length with residents of Cornell Heights and respond to a number of concerns that the neighbors wanted us to address. Cornell has proposed an agreement that would be in effect for 30 years, providing that the historic district is modified as indicated on the attached map. For example, those portions of Cornell Heights that would be omitted from the district for use by the university would permit the university, in accordance with the agreement, to build a residence complex behind Anna Comstock within certain height and density limitations. We would also agree to pay the expense of moving houses onto Wait Avenue to serve as a buffer when and if the Anna Comstock site was developed. If that was prohibitively expensive or infeasible from an engineering perspective, we would build houses of consistent design. The other conditions are spelled out in the proposed agreement, which was developed several months ago, prior to the recommendation by Commissioner Lehman. I know that years of uncertainty have clouded relationships between the university and the neighbors, but an agreement such as that proposed by the university and the stating of Cornell's intentions in an area that is important to the university will go a long way toward the mutual goal of neighborhood preservation." City Clerk Paolangeli read the following letter from Mary Raddant Tomlan, 200 Delaware Avenue, dated September 5, 1989: "Dear Mayor Gutenberger and Members of Common Council: As I am unable to attend the September 6 Common Council meeting, I am writing to convey my support for the designation of Cornell Heights as a local historic district. My position is taken as a resident of Ithaca and, in particular, as an architectural historian whose research and teaching have concentrated on the built environment of the United States during the late nineteenth and early twentieth centuries. Cornell Heights has both aesthetic and historic significance for the City of Ithaca. Its topographic separation from the city proper; its distinctive layout and landscaping, sympathetic to the terrain; and its array of handsome, individualized dwellings combine to make it a quintessential suburb. Further, the strong connection between the growth of Cornell Heights and its developers' interests in Ithaca's trolley line identify it as a "streetcar suburb". Yet not only does Cornell Heights exemplify these "types" in American city development, but, by its proximity to Cornell and attractiveness to faculty for their residences, it also reflects an important period of expansion for the university and the city. In its annexation of Cornell Heights in 1903, the City of Ithaca recognized the potential of this northern suburb as an asset to the corporation. In the designation of the proposed Cornell Heights Historic District, the City will acknowledge the contribution of this area to the aesthetic and historic character of Ithaca, and will help to ensure the continuation of this benefit while permitting reasonable change in a vital residential neighborhood. I therefore urge the approval of the Cornell Heights Historic District." 19� 0 i t' 5 September 6, 1989 City Clerk Paolangeli read the following letter from Mahlon R. Perkins, dated September 6, 1989: "Dear Mayor Gutenberger and Members of Common Council: I represent Cerberus Fraternity which owns 4.3 acres of land at 55 Ridgewood Road, fronting on Ridgewood Road and Highland Avenue. The property is located in the proposed Cornell Heights Historic District. My clients have been working with several developers on proposals for 2.5 acres of the property. This is one of the last large undeveloped parcels in the area which would compromise the Cornell Heights Historic District. My clients have retained a large parcel surrounding the fraternity house at 55 Ridgewood Road (1.8 acres) and they are concerned that the Historic District designation not be an obstacle in developing the remainder of the parcel. The parcel to be developed contains an abandoned in- ground swimming pool and an extremely dilapidated shack. (_s A review of the proposed Standards for Rehabilitation refer to E.j the qualities or character of a building, structure or site and its environment and require that those not be destroyed. Since the development of this parcel will require changes to the site [.,9P_� we are concerned that the Historic District designation not be an unreasonable or overly restrictive obstacle. The historic nature and character of the structure on the 1.8 acre parcel to be retained will not be altered by the proposed development. My client respectfully requests that you consider its concerns when you enter into your deliberations on the adoption of the proposed Historic District." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Cornell Heights, Festival Lands, Hockey Rink and Zoning Ordinances John Schroeder, 618 Stewart Avenue, urged Council to vote for the historic designation of Cornell Heights. He spoke against the Festival Land transfer which is on tonight's agenda. In terms of the Ice Rink proposal, he does not think the document that has been drawn up is sufficient to protect the City's interest. Mr. Schroeder stated he supports the zoning ordinance amendments that are on the agenda for this evening. Mayor Gutenberger stated for the record that Mr. Schroeder is a candidate for public office. He asked that anyone who speaks, who is a candidate, to please identify themselves as such. City Building Code Enforcement Monica E. Burgess, joint owner of property at 515 South Cayuga Street, addressed Council. She stated that the process for obtaining a building permit in the City of Ithaca is a nightmare. She has been trying unsuccessfully since October 1988 to obtain a building permit. Ms. Burgess compared the City of Ithaca Building Department procedure with the City of Binghamton procedure and noted that the City of Ithaca should be advised that a backlash is coming, possibly in the form of class action lawsuits. Southside Emergency Shelter Terry Pasco, 121 Prospect Street, Director of the Friendship Center, addressed Council about the resolution on the agenda for the emergency shelter at Southside and stated that both } resolutions before Council are not enough for funding needs for Southside. He urged that the City guarantee the Southside Center the $25,000 that they need so they can go ahead and hire the staff and get the shelter operating this winter. Many of the groups that work with the homeless can work with the City to see what sources of money there might be to replenish part of these funds. 6 September 6, 1989 Cornell Heights Historic District Designation The following persons spoke in favor of the Historic Designation for Cornell Heights: Claire Berman - ill Kelvin Place David Bendaniel - 111 Kelvin Place Julie Lynch - 1037 Snyder Hill Road Barbara Lynch (property owner at - 112 Kelvin Place) Tom Cookingham - 202 Fall Creek Drive Sandra Bem - 301 Wyckoff Avenue Susan Robey - 202 Wait Avenue Joseph Minogue - 122 Wait Avenue Isaac Kramnick - 125 Kelvin Place Phyllis Janowitz - 1 Lodge Way Daryl Bem - 301 Wyckoff Avenue Catherine Penner - 121 Kelvin Place (presented letters from Barbara Lewis, 203 Thurston Avenue and Fran Morris, 8 Lodge Way in support of the designation). Raymond DiPasquale, 203 Wyckoff Avenue, spoke in opposition to the Cornell Heights historic district designation. He presented to the Clerk copies of three letters he had written. One addressed to the Cornell Heights Neighborhood Association, one to his neighbors in Cornell Heights and one to Leslie Chatterton, all opposing this designation. Carl Sagan and Ann Druyan, 900 Stewart Avenue, both addressed Council and explained that they are not opposed to the Cornell Height Historic District designation. However, they are opposed to their property being included in that designation. Festival Lands Transfer Doria Higgins, 2 Hillcrest Drive, representing "Citizens to Save Our Parks" read the following statement to Common Council: "Our group opposes transfer of the Festival Lands at Cass Park to the Fingerlakes State Park Commission to enlarge Treman Marina, about which I will speak, and we oppose the construction of a second hockey rink in Cass Park on the site of the present tennis courts (Sally Grubb will address that resolution). Our group most strongly protest in both in these resolutions the bypass of required procedures - procedures specifically designed to protect our environment. We deplore such a lack of respect and concern for our park lands and green spaces. We are opposed to the transfer of the Festival Lands to Fingerlakes Parks because, as you know, Mr. Mazella, Director of Fingerlakes, intends to use the land to enlarge the marina by one pier of 58 slips. While we appreciate that Mr. Mazella's motive is to serve the public and to yield to the demand for more slips, we don't think that adding a mere 58 slips will in any way appease that demand. What adding another pier and building the asphalt road out to the lake side with asphalt parking lots (which he plans to do) what that will do, will be to endanger the environmental privacy of the Hogs' Hole, the last remaining tiny strip of what was once a vast wildfowl and wildlife refuge, and to intrude cars into the lovely semi - natural land next to the Hogs' Hole, an area which is now a human refuge from civilization. Why ruin this spot, beautiful for all of us, all year long just to accommodate 58 out of town boat owners for the summer months? As you know, our group fought vigorously to keep roadways and parking lots by the lake at Stewart Park. But the park land near the marina has a different quality. Please Common Council, please Mr. Mazella, let's keep as it is this one spot left by the lake where we can get away from cars and roads and parking lots and landscaping. .J i [ •;' 7 September 6, 1989 We are aware of the fact that Mr. Mazella may choose to put in a road regardless of whether you transfer the Festival Lands to him, in which case there will be another campaign for us but he cannot enlarge the marina without the Festival Lands. For you to transfer the Festival Lands tonight would be to lose for us, the people who live in Ithaca and enjoy that area year round, the struggle to preserve a uniquely beautiful spot. Please don't do SO. In addition to our objections to the "transfer" of the land itself we strongly object to the ambiguous and confusing language of the resolution to implement that "transfer" -- language so vague and confusing that we do not see how you can in good conscience vote for this resolution, since if you read it carefully you will see that you can't really know what you are voting for. The first RESOLVED directs the City Attorney to "prepare the necessary instruments for transfer." What does this ,o word "transfer" mean? Does it mean sell, trade, lease, giveaway? As you know there have been number of serious questions about r•• this matter raised by our group and others. Before you can vote knowledgeably, you need to know what this words means and we think the meaning should be clear in the wording of the resolution. The fourth RESOLVED of the resolution makes clear that "instrument of transfer" will be "executed" without need to come back to Common Council: in other words, voting tonight on this resolution as it now reads, will be the final action on your part concerning the matter. We also object to the fact that the resolution asks only that the "required environmental review be completed." It does not stipulate, as it should, that the instrument not be executed until the environmental review has been completed and a declaration of negative impact on the environment been obtained. Furthermore, we object most strongly that the resolution asks you to vote before the environmental review has been completed and examined and approved by you, and before the public has had a chance to examine it. The avoidance of this required due process in this resolution and the camouflage of such avoidance by vague and ambiguous language is not right." Mayor Gutenberger stated, for a point of clarification, there appears to be a different interpretation between Ms. Higgins and the City Attorney about her statement that this resolution would be executed tonight without the need to come back to Common Council. He does not believe that is true. He asked the City Attorney to clarify the point. City Attorney Nash stated that he believes the environmental review has to be completed before the transfer can be authorized. Basically, this resolution would be passed and then the documents would be worked on but you have to complete the environmental review and then vote to transfer the property, so the resolution would be coming back to Common Council. Second Hockey Rink at Cass Park (Woo,ol Sally Grubb, 112 Birchwood Drive, speaking for "Citizens to Save our Parks" read the following statement: "We are opposed to placing the proposed second hockey rink obstructively in the middle of Cass Park. The imposition of a 30 foot high, two hundred and twenty foot long pre- fabricated metal building on the site of the present tennis courts, directly next to the swimming pool will visually cut the park in two and be aesthetically very unpleasing. Those of us who walk there know that the beauty of that park are the long vistas in all directions from the Lansing hills to Ithaca College. The planned site for the building will not only obstruct these vistas, it will unpleasantly deflect heat onto the swimming pool area in the 118 8 September 6, 1989 summer, and it also forces the tennis courts to a less desirable and much windier location. Shouldn't it be questioned whether a windowless, insulated, air conditioned building properly belongs anywhere in the park at all? Skating in such a building is no longer an outdoor or park activity. In the present rink one can look out and see sky and trees and the skyline of Cornell and Ithaca College: walking outside the present rink one can look through it to trees and distant hills. As with the Festival Lands resolution we must strongly protest in the hockey rink contract resolution the bypassing of established procedure: in this case, site plan review. And because park land is involved and because the entire contract, including the costs quoted, is site specific to the tennis courts such avoidance is particularly offensive. Site plan review should be completed before you vote approval tonight for the Mayor to sign this contract. It is specious to argue that site plan review can properly follow at some undesignated time your approval of this site specific contract. We would find it deplorable if before you tonight attempting to two resolutions before you, both avoiding procedures designed to only deplorable but suggestive accepted by you." there were only one resolution avoid proper procedure. To have dealing with park land and both protect our environment is not that this has become a pattern Baling Station -.Commercial Avenue Site Chris Zakakis, 309 Sunnyview Lane, stated to Council that he had just come from a County Board of Representatives meeting where the dEIS for the baling station was accepted by the Board for the preferred site on Commercial Avenue. He said that the dEIS will be available September 13th for the public to review. Mr. Zikakis remarked that the Board is preparing beautiful drawings of the site. It looks more like an elitist equestrian facility than it does like a garbage baling station but that is all part of the sales process. Another observation that Mr. Zikakis made was that the facility has become very large. It is now 160 feet by 300 feet, which is larger than a football field. The third observation is that the dumping doors where the garbage trucks will pull up to the facility are located immediately next to where the bikeway is supposed to go. The fourth observation is that the entrance way from the Elmira Road to the facility is on the border of Southwest Park which the Mayor and the Council have designated as low- income housing and for light industrial use to broaden the tax base. Mr. Zakakis' fifth observation, which he thinks is very important, is does the County have any other site to fall back upon? The answer from the Board is that they would have to start the whole process over, which would take a long time. The Board did stress the importance of time - Landstrom will only be able to last until 1990, then the new dump will have to be operational and the only way that can be working is if this baling station is built. Mr. Zikakis stated that in speaking with Barbara Eckstrom, she suggested that neighbors and citizens shift their emphasis toward trying to figure out a better way to ease the problems and the smell and also trying to push the Board of Reps to plant more vegetation, etc. He asked that Council consider stronger steps or another plan to persuade the Board of Representatives to consider another site. 119 9 September 6, 1989 Transfer of Festival Lands - Second Hockey Rink Betsy Darlington, 204 Fairmount Avenue, read the following statement to Council: "A lot more than the Hogs' Hole wetland is at stake in the proposed transfer of the Festival Lands. Currently, there is a wide band of lawn between the Treman Marina and the Hogs' Hole. This grassy area forms a beautiful green avenue to the lake, and is the only place we have on this end of the lake with such an open, uncrowded feeling to it. As population density increases, places such as this are becoming rare and extremely valuable. Once they are lost, they are lost forever. There is a movement in the big cities to our east to save some of the open spaces that are still left, places that provide a measure of psychic relief that cannot be found on a psychiatrist's couch or anywhere else. Incidentally, people recovering from heart attacks, surgery, and other problems have told me they find this place almost indispensable to their recovery. 0.) In talking to several members of Common Council, I have jt discovered that those who have not gone down there with the map- - 3 and with State Parks personnel to explain the map - -do not realize that this entire gentle, serene landscape between the marina and �-'-� the Hogs' Hole would be eaten up by the marina expansion. One `C° more pier does not sound like much, but in fact, one pier requires an enormous amount of space - -about twice as much as I had thought before I saw their map. The clump of 5 large cottonwood trees to the west of the marina (and on the west side of the grassy boulevard) would be removed, because that is where the new western edge of the marina will be, if the Festival Lands are transferred! (4WO-11 If this ill- conceived plan is ever implemented, I think the people of this city will be truly outraged when they see what has been taken away from them. And when the Parks System starts charging admission for use of the area, that will be the final blow. How many cities can boast an unspoiled, broad expanse of open space next to a wild area, leading to a beautiful lake, right in the city? No admission. And no asphalt, no cars, no noise, no pollution. (Unfortunately much of this will be taken away if the State Parks goes through with the rest of their plan, which calls for a new road, two parking lots, two "comfort stations ", and new picnic areas, north of the Hogs' Hole and marina. They don't seem to recognize that what they have there right now is just as it should be, and meddling with it will simply destroy it). Something else you should know is that the area to the west of the lawn, the area that is now weeds (that should be permitted to grow up each year) , is a critical resting and feeding area for numerous migrating birds, including some scarce species. This weedy area would be replaced by a mowed lawn. A biologist at Ithaca College tells me that this weedy area and the Hogs' Hole are one of the best places in the county to see large concentrations of many species. He takes his classes there every year. The weedy area is also an important stopover spot for many species of migrating butterflies. Because of the biological richness of the Festival Lands, the area is also an important place for people who find refreshment in witnessing this richness. So it's not just "saving it for the ;. birds." It's also saving it for important educational and recreational use by humans. Do we really want to give up all this for the sake of satisfying the desires of 58 more boaters ?" 120 10 September 6, 1989 Old Sewage Treatment Plant Valorie Rockney, 304 Linn Street, representing the Senior Citizens Council, addressed Council and stated the Senior Citizens' continued interest in the site of the old sewage treatment plant. She said that the participation in the Senior Citizens Center has been going up dramatically over the past few years, primarily because of the increase in the number of seniors as well as the need for programming for senior citizens. Ms. Rockney said the center is in dire need of more space. She stated that the Senior Citizen Center has spoken several times with the Sciencenter and feel very comfortable that the Sciencenter and the Senior Center together on that land, perhaps with a small park for public use included, would be a very compatible and sensible use of the space. Ms. Rockney stressed to the Council the importance of the Senior Citizens Center staying within the City of Ithaca. Cornell Heights Historic District Designation Attorney Dirk Galbraith, 200 East Buffalo Street, addressed Council representing clients Carl Sagan and Ann Druyan. Their request is that their property at 900 Stewart Avenue not be included in the Cornell Heights local historic designation. Attorney Galbraith stated that if Council members review the provisions of the municipal code relative to the formation of historic districts, he believes they will find that the Sagan property does not fulfill the criteria of Section 32.3, subdivision 3, for inclusion. Attorney Galbraith explained that the residence on the property was constructed within the past 15 years. The property itself is located on the north rim of Fall Creek Gorge. Attached to the residence is a stone mausoleum which at one time was the fraternal meeting place of the Sphinxhead Society. Atty. Galbraith said that the older mausoleum building has been characterized as an example of the Egyptian revival style of architecture. Assuming there is such a thing as the Egyptian revival style of architecture, he would suggest to Council that it is one of possibly two examples of this style in the entire City of Ithaca - the other being the Masonic Temple. Atty. Galbraith stated that as such, it is not representative of any period or style of architecture typical of one or more eras in the history of the City of Ithaca. Attorney Galbraith cited from Section 32.3, subdivision 3b, and respectfully submitted that any property must satisfy all three criteria of that subdivision. He stated that this property does not - it is not typical of anything, either in the Cornell Heights district or the City of Ithaca as a whole. Atty. Galbraith further stated that the Landmarks Preservation Commission, in making its designation, has made no specific findings about this property or why it should be included in a historic district. He said that his belief is that you cannot simply create the historic district willy - nilly. There are no findings that the properties within the district represent some style or period of architecture, as required by the Code. Attorney Galbraith, in closing, stated there is no expert opinion as required by Section 32.6, subdivision B, justifying including this property in a historic district and that is a specific requirement of the Municipal Code. He stated that on behalf of his clients, he has commenced a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, seeking a judicial review of the designation of the Sagan / Druyan property as part of this historic district by a Supreme Court Justice. That petition is due to be heard in the State Supreme Court on September 22. 19 W-nn 'y l 11 September 6, 1989 Attorney Galbraith urged the Council to defer consideration of this property until after judicial ruling has been determined on the questions that he has raised. He said that his clients have no objections to the creation of the district itself, they merely object to including their property in it, because it does not fulfill the criteria of the Municipal Code. Lynn Cunningham, Architectural Conservator at Historic Ithaca, read the following letter from Barbara E. Ebert, Executive Director of Historic Ithaca: "On behalf on the Board of Directors and the membership of Historic Ithaca, I would like to express our support for the proposal to designate Cornell Heights as a local historic district. Such a designation is the logical culmination of the process which began with an inventory of historic resources, sponsored by N and paid for by the City of Ithaca and the State Office of Parks, Cc) Recreation and Historic Preservation. This survey and the ,, subsequent nomination process were conducted by professional staff and reviewed by trained historians at the State level. In °N i•4 August 1998, the State Board for Historic Preservation -- composed of architectural scholars, historians and other eminently q ualified persons--agreed unanimously that the proposed district was eligible for nomination to the National Register of Historic Places. The lengthy and well - publicized discussions which followed introduced no significant information to challenge the basis for this nomination, and in May of 1989, Commissioner Oren Lehman forwarded the Cornell Heights Historic District to the National Parks Service for listing. This local historic district nomination is placed before you this evening, having been approved unanimously by the Ithaca Landmarks Preservation Commission and forwarded to the Common Council by the Planning and Development Committee. Despite these strong votes of approval and the support of many, if not most, of the Cornell Heights community, this nomination is being opposed by some people out of ignorance and fear. [Cornell University has also noted its opposition, which may also be traced to those same roots, as well as to its goals for development in Cornell Heights.] The ignorance in this situation is not an issue of education, but a matter of understanding. First, and perhaps foremost, there exists a misunderstanding about what makes the Cornell Heights area historic. It is no longer necessary or desirable to prove that George Washington slept there - -or even that Simon DeWitt slept there. A district is not historic just because of its association with one founding father. An area is given historic district status when it meets a variety of architectural and historical criteria, which Cornell Heights has done. The fact that architecture of the area is primarily from the early twentieth century does not make it less historic. It is just as important in forming a complete picture of the history and development of Ithaca as the Clinton House; both deserve appropriate recognition - -on the national, state and local level. Ignorance is also apparent in the misconceptions voiced about the review procedure. Major changes to the exterior of a designated structure -- changes which require a building permit - -are reviewed by the Ithaca Landmarks Commission. It is factually incorrect to portray this process as being a great drain of time or money. Leslie Chatterton, as staff person to the Landmarks Commission, makes extraordinary efforts to assist applicants and ensure timely reviews. The commission itself has met numerous times at the convenience of a building's owner or manager and has been admirably clear in its directions. This is not a bludgeoning process, beating the property owner into submission, but a 12 September 6, 1989 thoughtful process, asking owners, neighbors, and commission members to note what is important and seek a common goal. Fear also plays its part in this misconception, as most of use do not relish another layer of government. While some may view local landmark designation strictly as additional governmental control, it is actually an opportunity for the homeowner, the architect and the public. Local landmark designation does not prohibit all new construction, but asks everyone to assume a greater responsibility for the manner in which decisions relating to a new structure are made. Should the existing structure - -if there is one - -be demolished, or will that impair the cohesive character of the area? If a new building is to be built, how should it relate to the surrounding historic buildings? Would it be appropriate to erect a ten story tower amid more modestly - sized structures? This can be an important process, and it can help to produce better architecture; it should not be feared any more than greater knowledge should be feared. Lastly, misinformation continues to incorrectly relate landmark designation with zoning issues. The number of persons occupying a unit of housing and other zoning matters are not addressed by the Landmark Commission or the ordinance. Local landmark designation does not seek to prevent as much as to promote; the values being recognized by designation involve both traditional American ideals and modern concepts of significance and appropriateness. Ithaca has had local historic districts for more than a decade, and everyone's worst fears have not been realized. What has occurred is an increased sensitivity to our environment - -both natural and manmade - -and an almost measurable enhancement of our community and its self image." Festival Lands, Route 96 Guy Gerard, 140 College Avenue, addressed Council and stated his opposition to the transfer of the Festival Lands to the State parks. He also spoke on Route 96 and pedestrian safety in that area. He urged Council to address the concerns of pedestrians in the Route 96 issue. Cornell Heights Historic District Designation Petru Petrina, 201 1/2 Wyckoff Avenue, spoke to Council in opposition to the Cornell Heights Historical District designation. Second Hockey Rink at Cass Park David Ruether, 1189 East Shore Drive, read the following statement from Betsy Darlington: "According to the Ithaca Journal, the Town of Lansing would be happy to help build a new skating rink in Lansing. I urge you to let them do so and to vote down tonight's request for the City's assistance for a second rink in Cass Park. The amount of money the City would have to put up is very large, and could easily become overwhelming. (Face it; once the thing has been started, the City isn't going to pull out when there are cost overruns - -as there surely will be.) At the same time, some of the downtown neighborhoods are in dire need of more educational and recreational opportunities. The same money, spent in those neighborhoods, could go a long way toward solving some pressing problems, not the least of them drugs. And there are other pressing problems in the City as well. Money for a new rink would be a truly foolish allocation of City resources." Mr. Ruether stated that he agrees with the sentiments expressed in this communication. I 13 September 6, 1989 RESPONSE TO THE PUBLIC: Baling Station Alderperson Cummings requested clarification from the Mayor on a meeting date with the County and the City to meet and discuss the baling station site. She said that she is going to place it on the Planning and Development Committee agenda for September 27th. Mayor Gutenberger responded that he has not yet been able to confirm a meeting with the County. Alderperson Cummings stated that she understood from Barbara Eckstrom that the County was going to be dealing with the public hearing on September 28th and that is a very inconvenient time for Council members, due to other meeting commitments. She asked if the Mayor could request the County to delay the public hearing for one week. She thinks it is important that the City be represented at that public hearing. F� Mayor Gutenberger responded that the public hearing is open to f_ the entire county. We can request that the meeting date be �i changed but he is not sure that the County would want to change a meeting date for five people. �.. "_ Homelessness Alderperson Lytel stated that it is important for people to understand that the resolution on the agenda tonight is addressed only to spending 1989 money. The process is underway to determine what money the City will spend in 1990. REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Planning Board Alderperson Killeen reported that at the Planning Board meeting on September 5 there were two resolutions passed by the Board regarding the subdivision of the "Pogo Parcel" (Watts Lot). One resolution was that this Council proceed as quickly as possible to pass legislation creating the new zoning category of R -2c, which has been in committee for some time. The second resolution was that the "Pogo Parcel" be re -zoned to whatever comes out of the deliberations as the R -2c category because this will enable flexibility in proceeding with that subdivision, particularly for clustering action. Alderperson Killeen stated that it was the express wish of the Planning Board that the representative to the Board from the Board of Public Works, Joseph Daley, be requested to take the matter of relocating Lake Street in its entirety to give greater flexibility for planning of land use in that area. COMMUNICATIONS FROM THE MAYOR: Post Office Relocation Mayor Gutenberger reported that the correspondence he received about the relocation of the Post Office contained no new information. He cited the following from the cover letter: "The proposal contains all the relevant data from which the postal service decided to carry out the Ithaca - Elmira AMP Plan ". Mayor Gutenberger stated emphatically there is no relevant data in this letter. He said that the public demands to see more than this and at least some dialogue of what led to this decision. CITY ATTORNEY'S REPORT: Lawsuit Papers re_ Sagan's Property in the Cornell Heights Historic District City Attorney Nash stated that papers have been received about the historic designation of Cornell Heights for the Sagan /Druyan property from Atty. Galbraith. The hearing is scheduled for September 22, 1989. Alderperson Booth asked City Attorney Nash if the lawsuit impedes the Council's authority or ability to act tonight on this matter. x_2,11 14 September 6, 1989 City Attorney Nash responded that the Council is free to proceed; there is no legal impediment to their proceeding now. Baling Station Alderperson Romanowski asked if that the Council can follow to picking Commercial Avenue as the there is any course of action try to dissuade the County from site for the baling station. City Attorney Nash stated that the County, as a municipal government, has authority to condemn property for public purposes and if they move to acquire the property by eminent domain, they will have to establish in Court the proper public purpose and that they have gone through all the proper legal steps to authorize such action. Atty. Nash said that he has reviewed the situation when two municipalities of governmental entities fight over the same site for a public purpose and frankly you can get into a kind of stand -off with both municipalities condemning back and forth. At that point the State legislature would have to decide which public purpose was pre- eminent. In Atty. Nash's opinion, there is not much the City can do to stop the County, short of having some other pre- eminent public purpose for the property. Fall Creek Designation re. Hydropower Alderperson Hoffman asked City Attorney Nash to comment on his memo, dated September 6, 1989, updating the Council on the Fall Creek designation regarding hydropower. City Attorney Nash responded that if Fall Creek is designated, as proposed, it will not affect the City's ability to go forward with hydropower development. It would most likely bar any other new applicant from developing it for hydropower because of the failure to obtain a State 401 Water Certification. City /Jason Fane Lawsuit Update In response to Alderperson Killeen's question of the status of the lawsuit, City Attorney Nash said that a motion by the defendant for an adjournment of the trial was granted in early August and his understanding is that the present trial date is September 22nd. Recess Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:25 p.m. Cornell Heights Historic Designation Mayor Gutenberger asked City Attorney Nash to respond to the legal question that Carl Sagan had asked earlier about the designation of Cornell Heights and his property that is involved. City Attorney Nash stated that in talking with the Building Commissioner, it is his understanding that a building permit request has been filed, although not granted, and if the property is designated this evening, they would then be required to go to the Ithaca Landmarks Preservation Commission to get an alteration permit before they could be issued a building permit. HUMAN SERVICES COMMITTEE: * 15.2 Proposed Postal Service Relocation of Processing operation By Alderperson Lytel: Seconded by Alderperson Nichols WHEREAS, at its April meeting the Common Council passed a resolution opposing the US Postal Service's consideration of a plan to relocate as many as 45 jobs from Ithaca to Elmira because the impact of such an action would result in the loss of approximately $1.6 million in wages from the Ithaca economy, and potentially affect mail delivery to Ithaca businesses and residences could also be effected, and C� p.; 1 0 15 September 6, 1989 WHEREAS, the Common Council requested that a copy of the study upon which this action would be based be shared with it as well as with post office employees, and WHEREAS, Thomas J. Fritsch, Field Division General Manager/ Postmaster, in a letter dated April 4, 1989 assured the City that "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," and WHEREAS, this promise notwithstanding, an announcement of the acceptance of the results and implementations of the Area Mail Processing Plan was made by Ithaca Postmaster Karl Anderson on August 10, 1989 without making the study results public, and WHEREAS, the City of Ithaca assessing the advantages and relocation plan, and WHEREAS, the City believes it examine all information available a relocation decision, and has not received information disadvantages of the proposed should have the opportunity to before the Postal Service makes WHEREAS, Local 151 of the American Postal Workers Union has filed unfair labor practice charges against the Postal Service for failure to disclose this information, and WHEREAS, the City of Ithaca believes that careful examination of all the relevant facts would show that the proposed relocation is not justified; now, therefore be it RESOLVED, That the City repeats its request for the study upon which the proposed job relocation is based, and be it further RESOLVED, That the City reaffirms its opposition to the proposed relocation, and be it further RESOLVED, That the City of Ithaca requests that the Postal Service deliver to` it a study that examines the comparative advantages of expansion of Ithaca operations as compared with the proposed relocation to Elmira, and be it further RESOLVED, That the City reaffirms its interest in receiving an explanation from the Postal Service as to how the proposed job relocation relates to the purchase of land by the Postal Service on Warren Road for an expanded local postal operation, and be it further RESOLVED, That if this information is not forthcoming the City will exert all legal means at it disposal to acquire the information upon which this proposed action has been based, and be it further RESOLVED, That the City will continue to work with the postal workers union and other community groups to fight this proposed job relocation. Alderperson Lytel explained the reasons for the resolution. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 Cornell Heights Local Landmark Designation By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, in July 1986, Common Council authorized the Director of Planning and Development to submit an application to the New York State Office of Parks, Recreation and Historic Preservation 1.261 16 September 6, 1989 for a Certified Local Government Subgrant to conduct a historic and architectural resources survey and prepare a National Register nomination for the Cornell Heights neighborhood, and WHEREAS, the findings of the survey and nomination showed that the significance and integrity of the Cornell Heights survey area meets criteria for listing on the New York State and National Register of Historic Places, and WHEREAS, the New York State Commissioner on Parks, Recreation and Historic Preservation has concurred with the City's finding and on May 12, 1989 recommended listing on the New York State and National Register of Historic Places, and WHEREAS, the Cornell Heights neighborhood is extremely vulnerable to development pressure, and WHEREAS, local designation serves to protect the existing character of neighborhoods, and WHEREAS, following the public hearing held on August 14, 1989, the Ithaca Landmarks Preservation Commission as lead agency determined by unanimous vote that local designation of Cornell Heights will result in no major impacts, and therefore, is one which may not cause significant damage to the environment, and, WHEREAS, following the public hearing the Ithaca Landmarks Preservation Commission unanimously recommended local designation of all Cornell Heights properties included within the boundary of the State and National Register Districts, and WHEREAS, local designation will not conflict with the master plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, in accordance with provisions and procedures set forth in Section 32.6C of the Ithaca Landmarks Preservation Ordinance recommends local designation of the %Cornell Heights Historic District, effective September 7, 1989. Alderperson Cummings gave background information on the resolution. She noted that the Secretary of Interior standards which the Landmarks Commission applies are flexible guidelines. She thinks that someone applying for a building permit for a contemporary addition, not visible from the public right -of -way, would be treated with the utmost flexibility and speed by the Landmarks Commission. Alderperson Cummings commented that she is sure that the immediate project under question at the Sagan home would be able to go forward as quickly as if it were not designated but with the security that the designation affords to the entire community. Alderpersons Hoffman, Peterson, and Killeen stated their reasons for supporting the Cornell Heights Historic District designation. Alderperson Booth asked, for the record, that Ms. Chatterton address what the Landmarks Commission did vis -a -vis its consideration of Cornell's proposed 30 -year plan. Ms. Chatterton responded that the proposal was not officially brought before the commission. However, the commission did consider a modification of the boundaries in accordance with what was requested in the proposal and in fact, received consultation from the State Office of Parks, Recreation and Historic Preservation who came down once again and reviewed the boundaries to see if an alteration of boundaries could possibly be made. 12 , i , 17 September 6, 1989 In the opinion of the State, and of the Commission's consultant and City staff, the boundaries that have been drawn for Cornell Heights Historic District are really the only boundaries that could make sense for the district. Excluding properties owned by Cornell would be more or less arbitrary and not in keeping with the architectural and historic findings. Alderperson Nichols stated that he is in support of the historic designation. He stated that he is concerned about the Sagan case which he thinks needs some special treatment because, as he understands it, the work that was done in terms of the Sagan property has been ongoing for a long time. A lot of architectural work has been done and the delay in getting the permit is clearly not due to the owners. He would like to have it on the record that there be some assurance, in a case such as the Sagans, not that the property be exempt from inclusion in the district, but that some grandfather clause be used to allow the plans as they presently have in the application go forward without having to re -do it once again. .� Alderperson Schlather commented that he is in favor of the °^ designation but he is concerned about the effective date of the resolution. He asked why, if this particular project is in process, has received zoning variance and all the necessary approvals in connection therewith, and has, in fact, received the support of the neighborhood, and an application for demolition has been filed and an application for a building permit has been filed, why was the permit not issued prior to this date? City Attorney Nash responded that one reason is the ten day grace period and another reason is that the Building Department has been swamped with all the new occupancies that they have had to review in the last three weeks. we Further discussion followed on the floor. Building Commissioner Datz answered questions from Alderperson Schlather. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the effective date of the resolution be changed to September 28, 1989. Discussion followed on the amendment. A vote on the amendment resulted as follows: Ayes (2) - Schlather, Romanowski Nays (8) - Cummings, Lytel, Nichols, Booth, Killeen, Hoffman, Johnson, Peterson Motion Fails Alderperson Romanowski stated, for the record, that the large turn out of the residents in the Cornell Heights area in favor of designation was quite moving and he appreciates them taking the time and the effort. He remarked that he understands that this designation is sought for many reasons, including the rather (4000� large neighbor along the side of them. Alderperson Romanowski stated further that he is in favor of historic designation but for individual, truly historical sites. He has constantly opposed the wholesale designation of all - structures in an area and he has not found any argument for this area either to go along with it. Therefore, reluctantly, he will vote against this resolution because of the blanket designation of both truly historical sites and those that are just merely old. 128 18 September 6, 1989 Main Motion A vote on the Main Motion resulted as follows: Ayes (9) - Booth, Cummings, Nichols, Lytel, Hoffman, Johnson, Killeen, Schlather, Peterson Nay (1) - Romanowski Carried * 16.3 Festival Lands Transfer By Alderperson Cummings: Seconded by Alderperson Schlather RESOLVED, that the City Attorney is hereby directed to prepare the necessary instruments for transfer of the Festival Lands to Finger Lakes State Park Commission, and be it further RESOLVED, that the area known as Hogs' Hole shall be specifically identified in the instruments of transfer and that such instrument shall stipulate that Hogs' Hole shall be preserved in perpetuity as a protected natural area, and be it further RESOLVED, That the Finger Lakes Park Commission shall be limited to construction of one additional pier for no more than 58 additional boat slips and further stipulated that the open areas shall be maintained as park land in perpetuity and be it further RESOLVED, That Council shall not vote on this transfer and such instruments shall not be executed until the required environmental review has been completed and accepted by Common Council. Alderperson Cummings gave background information on the resolution. Discussion followed. Alderperson Killeen questioned whether Mr. Mazzella, as the Finger Lakes Commissioner, has the authority to negotiate on behalf of the State, or must it go to Albany for input. Mr. Mazzella responded that he believes the Finger Lakes attorney did write to Alderperson Booth saying that he does have the designated power to negotiate on behalf of the State. The procedure that will follow is that when the City agrees to transfer that land to the State of New York, it will go through all the necessary legal reviews in their department of law, the Comptroller's office, the Attorney General's Office, and any other State Agency that might need to approve it. Alderperson Booth stated that in regard to the letter that he had written to the State, the answer that he received he finds non- responsive to the questions which he asked. He said that it cited absolutely no authority and he could not make heads or tails of it and he has not pursued it further. Further discussion followed with several Alderpersons stating their reasons for not supporting the resolution. Motion to Refer to Committee By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That the resolution on the Festival Lands Transfer be referred back to the Planning and Development Committee for further review and report back to Common Council. Carried unanimously Alderperson Booth addressed City Attorney Nash. He stated that he had understood the City Attorney to say before that it would take eight votes of the Council to transfer this property. He has heard tonight that Atty. Nash has reached an alternate conclusion and he asked him to explain. u l �.. y O 19 September 6, 1989 City Attorney Nash responded that when the City dealt with the issue of transferring part of Tioga Street to the County for the new Mental Health Facility, it was brought to his attention there was a provision in the General Municipal Law which allows the City and any municipal government to transfer property to another municipal government or the State, for whatever consideration, under whatever terms and conditions it deems best, and that provision would be applicable despite our Charter provisions which require consideration and an eight vote majority. That provision does not proscribe any super majority vote to affect a transfer to the State of New York. It would only be necessary to have 6 votes from Common Council and terms and conditions could be set by Common Council. * 16.4 Zoning Ordinance Amendment a) Notice of Public Hearing By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be, and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York, on Wednesday, October 4, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.25 AND 30.26 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30.25 OF CHAPTER 30. 1. That Column 2, Permitted Primary Uses, is hereby amended to read as follows under the "I -1" use district (deletions are bracketed; additions are underlined): 1. Any use permitted in B -5 district, except that dwelling units are prohibited. 2. [Any use not permitted in any other district including] Industrial, warehousing, storage and handling of bulk goods (not including toxic and noxious materials), lumberyards, and agriculture except that no animals may be kept within 50 ft. of any property line. 3. Any use riot permitted in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with Section 30.26 and concurrence by the Common Council. 1249 113 () 20 September 6, 1989 4. All uses must conform to special performance standards governing establishment of industrial uses (See Section 30.41). SECTION 2. AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C)(1) is hereby amended to add the following: p Any use not permitted as of right in the I -1 zoning district. SECTION 3. AMENDING SECTION 30.26(C) OF CHAPTER 30. 1. That Section 30.26(C) is hereby amended to add Subsection 5 as follows: 5. In the I-1 zone, uses other than those permitted under Section 30 25 may be permitted by special permit upon a findinq bV the Board of Zoning Appeals and concurrence by the Common Council that such use shall have no negative impact by reason of noise fumes odors vibration noxious or toxic release or other conditions injurious to the health or general welfare. SECTION 4. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the word "rubbish" (as defined in Section 69.1(N) of the Municipal Code) be inserted after toxic and noxious materials in Section 1 (1.2) Discussion followed on the amendment. A vote on the amendment resulted as follows: Ayes (9) - Schlather, Booth, Killeen, Peterson, Nay (1) - Hoffman Nichols, Cummings, Lytel, Romanowski, Johnson Carried Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the above Zoning Ordinance Amendment (Section 30.25 and 30.26) be referred back to the Planning and Development Committee for review and clarification. Further discussion followed on the floor. A vote on the referral motion resulted as follows: Ayes (6) - Nichols, Johnson, Booth, Peterson, Hoffman, Romanowski Nays (4) - Schlather, Killeen, Cummings, Lytel Carried * 16.4c Zoning Ordinance Amendment - Designation of Lead Agency for Environmental Review By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council of the City of Ithaca is the agency charged with primary responsibility for implementation of the city's environmental quality review ordinance as provided under Section 36.6 D 1 of the ordinance, and I e1 1. -21- WHEREAS, it is the nature of certain matters brought before the Council for consideration that it is most appropriate for the environmental review to be performed under the direct guidance of Council, with Council acting as lead agency, and WHEREAS, this Common Council finds that the proposed amendment of the permissible use provisions in the city's I -1 zones is a (Wor, matter which requires environmental review, and that it would be appropriate for the Common Council to act as lead agency therefor, now, therefore, be it RESOLVED, That the Common Council act as lead agency for environmental review of the proposed zoning amendment, in accordance with the procedures established by Chapter 36 of the Municipal Code of the City of Ithaca. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: Q) * 18.1 Agreement Between the City /Community Recreation !E; Center /Ithaca Youth Hockey Association for the Construction and Operation of Ice Rink at Cass Park By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Mayor be authorized to execute the agreement between the City and Community Recreation Center, Inc. and Ithaca Youth Hockey Association, Inc., for the construction and operation of a Ice Rink, related improvements, equipment acquisition and the relocation of tennis courts adjacent to the existing Cass Park Ice Skating Rink. Provided that the same is executed by all parties before December 1, 1989. If this contract is not executed by all parties by that date, this (60001 agreement shall be null and void. Discussion followed with the Alderpersons stating their reasons for supporting or not supporting this resolution. A vote on the resolution resulted as follows: Ayes (4) - Schlather, Lytel, Cummings, Romanowski Nays (6) - Hoffman, Booth, Johnson, Killeen, Peterson, Nichols Motion Defeated HUMAN SERVICES COMMITTEE: * 15.1 City of Ithaca Emergency Shelter at Southside Community Center By Alderperson Lytel: Seconded by Alderperson Killeen WHEREAS, a working group considering the City of Ithaca's response to the growing problem of homelessness in our community was formed by the Human Services Committee at its March meeting, and WHEREAS, this group met several times with representatives of a number of community organizations that work with the problems of the homeless, and (6000, WHEREAS, the Southside Community Center and the City began the operation of the shelter at the Center in January 1988 on a temporary basis without consideration of the long -range implications, and } WHEREAS, the City has requested and the Southside Community Center Board has furnished a set of conditions under which the Center is willing to continue to be used as a temporary cold weather shelter, and WHEREAS, the Board has made it clear it wishes to see the program continue but does not feel it is in the best interests of its other programs to continue to house the program in the Southside building after this Winter, and 132 -22- WHEREAS, the Board has requested $25,513 to meet the cost of providing staff support for the operation of the shelter for the 1989 -90 Winter, and WHEREAS, at the June meeting of Common Council the expenditure of $3,000 was authorized to hire a consultant to research future funding sources for a permanent homeless shelter, but that this expenditure is no longer required due to the Tompkins County Economic Opportunity Corporation's action to hire a qualified consultant to conduct the same work plan, and WHEREAS, the Homeless Needs Assessment Preliminary Results, authored by Dierdre Silverman for the Tompkins County EOC, shows without question that the shelter at Southside is not duplicative of other shelter operations in the county, is unique in serving the population that has been using the shelter, and that the Southside request is in line with the expenses associated with the operation of other shelters in Tompkins County on a dollar per bed night basis, and WHEREAS, the committee established by the Human Services committee has met, discussed, and endorsed these recommendations as necessary initial steps in formalizing the City's role in treating the problem of homelessness; now, therefore, be it RESOLVED, That the Common Council recognizes that the problem of homelessness is growing and will necessitate a rescue mission - type shelter like that operated by Southside for at least the next several years, and be it further RESOLVED, That $300 be taken from the account originally established in June to hire a consultant and that it be paid to the Southside Community Center to underwrite the administrative costs associated with making an application to the United Way for its Merrill Shipperd Memorial Program for new and emerging human service needs, and be it further RESOLVED, That in exchange for reassuring the City that each new client of the shelter will be asked by the Center's Outreach Coordinator to apply for public assistance, the City will enter into a contract with the Southside Community Center for the period of October 1st to December 31st 1989 to pay the calculated per diem rate (up to $25) for each client whose stay cannot be reimbursed by the County Department of Social Services, to an amount not to exceed $12,750 which is the half of the request by the Southside Center that would be required to operate the shelter from October to the end of December, and be it further RESOLVED, That the City urges the EOC to make a written commitment to using the major portion of its 1990 allocation of McKinney Act money to the operations of the shelter at Southside, and be it further RESOLVED, That if McKinney Act, United Way, and County DSS monies are not forthcoming or not sufficient the City will act as the funding agency of last resort for the remaining $12,750 necessary to operate the shelter from January to the end of March 1990. BUDGET AND ADMINISTRATION COMMITTEE: * 18.5 Human Services Committee - Operation of a Cold Weather Shelter at Southside Community Center At Alderperson Schlathers request the following resolution was placed on the floor to be considered jointly with the Human Services resolution on the homeless shelter at the Southside Community Center: 19 i. 3: / -23- WHEREAS, the Human Services Committee has recommended that the City contract with the Southside Center for the operation of the City of Ithaca Emergency Shelter at Southside Community Center; now, therefore, be it RESOLVED, That the balance of that money ($2,700) be allocated to the contract between Southside and the City for the operation of a cold weather shelter, and be it further RESOLVED, That an additional $10,050 be transferred from Unrestricted Contingency to Common Council Contractual Services �..� A1010 -435, to this same purpose, and be it further RESOLVED, That this total ($12,750) be transferred from the City to Southside in the form of a contract reflecting a per diem ►�.' expenditure for each bed night so that the Center is also ` eligible for reimbursement for some portion of their bed nights by the County Department of Social Services, and be it further RESOLVED, That these funds will only be provided if the Southside Center agrees that its Outreach Coordinator will interview each new client of the Shelter to determine if he or she is eligible for DSS support and will assist those who are eligible in making their application, and be it further RESOLVED, That the Mayor be and he is hereby requested to make application to the County for full operational funding for this program for the period after January 1, 1990. Discussion followed on the floor regarding striking the last Resolved from the Human Services Committee's resolution. Amending Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the last Resolved be stricken from the Human Services resolution. Ayes (5) - Schlather, Romanowski, Cummings, Hoffman, Booth Nays (5) - Killeen, Lytel, Johnson, Peterson, Nichols Mayor Gutenberger voted Aye. Carried (6 -5) Further discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 3rd Resolved in the Human Services Committee's resolution be stricken and in substitution therefor, the Council will add the Resolved clauses 2, 3, 41 5 and 6 from the Budget and Administration Committee's resolution. Ayes (9) - Schlather, Booth, Romanowski, Lytel, Hoffman, Peterson, Johnson, Killeen, Cummings Nay (1) - Nichols Carried Main Motion as Amended WHEREAS, a working group considering the City of Ithaca's response to the growing problem of homelessness in our community was formed by the Human Services Committee at its March meeting, and RESOLVED, That the expenditure of $300 from the account (Wool established options for by Common a cold weather Council in June to research future funding shelter be released to Southside Center to underwrite the administrative costs associated with making an application to a new United Way program, and be it further RESOLVED, That the balance of that money ($2,700) be allocated to the contract between Southside and the City for the operation of a cold weather shelter, and be it further RESOLVED, That an additional $10,050 be transferred from Unrestricted Contingency to Common Council Contractual Services �..� A1010 -435, to this same purpose, and be it further RESOLVED, That this total ($12,750) be transferred from the City to Southside in the form of a contract reflecting a per diem ►�.' expenditure for each bed night so that the Center is also ` eligible for reimbursement for some portion of their bed nights by the County Department of Social Services, and be it further RESOLVED, That these funds will only be provided if the Southside Center agrees that its Outreach Coordinator will interview each new client of the Shelter to determine if he or she is eligible for DSS support and will assist those who are eligible in making their application, and be it further RESOLVED, That the Mayor be and he is hereby requested to make application to the County for full operational funding for this program for the period after January 1, 1990. Discussion followed on the floor regarding striking the last Resolved from the Human Services Committee's resolution. Amending Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the last Resolved be stricken from the Human Services resolution. Ayes (5) - Schlather, Romanowski, Cummings, Hoffman, Booth Nays (5) - Killeen, Lytel, Johnson, Peterson, Nichols Mayor Gutenberger voted Aye. Carried (6 -5) Further discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 3rd Resolved in the Human Services Committee's resolution be stricken and in substitution therefor, the Council will add the Resolved clauses 2, 3, 41 5 and 6 from the Budget and Administration Committee's resolution. Ayes (9) - Schlather, Booth, Romanowski, Lytel, Hoffman, Peterson, Johnson, Killeen, Cummings Nay (1) - Nichols Carried Main Motion as Amended WHEREAS, a working group considering the City of Ithaca's response to the growing problem of homelessness in our community was formed by the Human Services Committee at its March meeting, and 134 -24- WHEREAS, this group met several times with representatives of a number of community organizations that work with the problems of the homeless, and WHEREAS, the Southside Community Center and the City began the operation of the shelter at the Center in January 1988 on a temporary basis without consideration of the long -range implications, and WHEREAS, the City has requested and the Southside Community Center Board has furnished a set of conditions under which the Center is willing to continue to be used as a temporary cold weather shelter, and WHEREAS, the Board has made it clear it wishes to see the program continue but does not feel it is in the best interests of its other programs to continue to house the program in the Southside building after this Winter, and WHEREAS, the Board has requested $25,513 to meet the cost of providing staff support for the operation of the shelter for the 1989 -90 Winter, and WHEREAS, at the June meeting of Common Council the expenditure of $3,000 was authorized to hire a consultant to research future funding sources for a permanent homeless shelter, but that this expenditure is no longer required due to the Tompkins County Economic Opportunity Corporation's action to hire a qualified consultant to conduct the same work plan, and WHEREAS, the Homeless Needs Assessment Preliminary Results, authored by Dierdre Silverman for the Tompkins County EOC, shows without question that the shelter at Southside is not duplicative of other shelter operations in the county, is unique in serving the population that has been using the shelter, and that the Southside request is in line with the expenses associated with the operation of other shelters in Tompkins County on a dollar per bed night basis, and WHEREAS, the committee established by the Human Services committee has met, discussed, and endorsed these recommendations as necessary initial steps in formalizing the City's role in treating the problem of homelessness; now, therefore, be it RESOLVED, That the Common Council recognizes that the problem of homelessness is growing and will necessitate a rescue mission - type shelter like that operated by Southside for at least the next several years, and be it further RESOLVED, That $300 be taken from the account originally established in June to hire a consultant and that it be paid to the Southside Community Center to underwrite the administrative costs associated with making an application to the United Way for its Merrill Shipperd Memorial Program for new and emerging human service needs, and be it further RESOLVED, That the balance of that money ($2,700) be allocated to the contract between Southside and the City for the operation of a cold weather shelter, and be it further RESOLVED, That an additional $10,050 be transferred from Unrestricted Contingency to Common Council Contractual Services A1010 -435, to this same purpose, and be it further RESOLVED, That this total ($12,750) be transferred from the City to Southside in the form of a contract reflecting a per diem expenditure for each bed night so that the Center is also eligible for reimbursement for some portion of their bed nights by the County Department of Social Services, and be it further p- -25- RESOLVED, That these funds will only be provided if the Southside Center agrees that its Outreach Coordinator will interview each new client of the Shelter to determine if he or she is eligible for DSS support and will assist those who are eligible in making their application, and be it further RESOLVED, That the City urges the EOC to make a written commitment to using the major portion of its 1990 allocation of McKinney Act money to the operations of the shelter at Southside, and be it further RESOLVED, That the Mayor be and he is hereby requested to make application to the County for full operational funding for this program for the period after January 1, 1990. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 15.3 Support of the Job Action Against the New York Telephone Company By Alderperson Lytel: Seconded by Alderperson Peterson WHEREAS, the Common Council of the City of Ithaca has consistently upheld the principles of: jobs with justice, economic security through fair wages, and the worth of individuals whose labor is the basis for any company's well- being, and WHEREAS, the telephone workers in Ithaca and surrounding areas, represented by the CWA and IBEW are on strike against New York Telephone and its parent company, NYNEX, protesting benefit cutbacks, loss of job security, and asking for a fairer share of the economic benefits earned by the workers of the company; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca extends its support to the men and women who are on strike against the New York Telephone Company. Carried Unanimously GIAC Renovations and Expanded Day Care - Report Alderperson Lytel reported that the GIAC Board will meet on September 21st to consider a resolution to abrogate the agreement with the Drop -in Children's Center that is very likely to pass. The Human Services Committee asked the GIAC representatives to consider all of the potential combinations of the three elements involved in this agreement, GIAC, Daycare, and BOCES. They asked the GIAC Board to address the question that if BOCES and other programs were removed from the picture, could GIAC and Daycare co -exist in the building and of whether it would cooperate with a program oriented space study of the GIAC building to see if GIAC and Daycare could co- exist. PLANNING AND DEVELOPMENT COMMITTEE: * 16.2 Ithaca Industrial Park - Permit for Economy Paving By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the Mayor is hereby authorized and directed to execute upon the advice of the City Attorney, the City Engineer, and the Director of Planning and Development a permit for Economy Paving Co., Inc. of Cortland, NY to use an area of not more than } two (2) acres in the southwest corner of the Ithaca Industrial Park at a fee of not less than five thousand dollars ($5,000) /per acre /per year to be paid to the City either in cash or through an "in kind" contribution; that there is to be a sixty (60) day vacate provision in the permit; and that the permit is not to exceed a period of two (2) years without further authorization of Common Council. Carried Unanimously 13f► -26- Route 96 - Report Alderperson Cummings referred to a draft of a letter that has been prepared by Planning staff and reviewed by the Planning and Development Committee. She requested that if there are any comments, changes, or criticisms to please submit them to the Planning Department before the letter goes to Mr. Simberg, the Regional Director of DoT in Syracuse. CHARTER AND ORDINANCE COMMITTEE: * 17.1 An Ordinance Amending Section 30.3(B) Entitled 'Height of Building' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTION 30.3(B) ENTITLED 'HEIGHT OF BUILDING' OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That Section 30.3(b) entitled 'Height of Building' is amended as follows: 1147. Height of Building 'Height of a building' shall mean the vertical distance measured from average finished grade level to the highest level of a flat or mansard roof, or to the average height of a pitched, gabled, hip or gambrel roof, excluding bulkheads, housing for mechanical equipment, towers, and similar constructions not intended for human occupancy, or necessary equipment carried above roof level. Where a building contains sections of a roof of varying heights, the height of that building shall be measured using that section of the roof that has the highest elevation from average finished grade level. The average finished grade level shall be determined from a datum established by the average elevation of the finished grade adjoining the exterior walls of the building." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter. Carried Unanimously * 17 2 An Ordinance Amending Section 30.33(C) Entitled 'Hei ht and Open Space' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Schlather ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTION 30.33(C) ENTITLED 'HEIGHT AND OPEN SPACE' OF CHAPTER 30, ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That Section 30.33(C) entitled 'Height and Open Space' is amended as follows: 1130.33(C). Height and Open Space. J i 3'1 -27- In any district, any main building may be erected to a height in excess of that specified for the district, provided: 1) each required front, side and rear yard is increased one foot on the ground for each one foot of such additional height; 2) in all Districts, the number of stories permitted may not be exceeded; and 3) in each district the number of additional feet may not exceed 10% of the maximum building height allowed in that (40", district." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Ayes (9) - Booth, Hoffman, Nichols, Schlather, Romanowski, Cummings, Johnson, Lytel, Killeen Nay (1) - Peterson Carried ( -1 17.3 An Ordinance Amending Section 39.7 of Chapter 39 Entitled °.� 'Site Development Plan Review' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Killeen `= WHEREAS, the Common Council of the City of Ithaca, New York has previously approved the addition of Chapter 39, Site Development Plan Review, to the Municipal Code, and WHEREAS, Section 39.7 of Chapter 39, Application Fee, requires clarification in order to assure that the intent of the Common Council is preserved; now, therefore be it (400", RESOLVED, That Ordinance No. 89- , An Ordinance Amending Section 39.7 of Chapter 30 entitled "Site Development Plan Review" is hereby approved. ORDINANCE NO. 89- AN ORDINANCE AMENDING SECTION 39.7 OF CHAPTER 39 ENTITLED "SITE DEVELOPMENT PLAN REVIEW" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. That Chapter 39 entitled "Site Development Plan Review" of the City of Ithaca Municipal Code is amended as follows: 1. That Section 39.7 entitled "Application Fee" is hereby amended to read as follows: 39.7 Application Fee An application fee shall be charged to each applicant for each site development plan that is reviewed by the Board of Planning and Development. The fees shall be based on the total construction costs of the project, including, but not limited to site improvements, and shall be charged in accordance with the following schedule. Fees shall be payable to the City of Ithaca upon the submission of a Preliminary Site Development } Plan. Total Estimated Application Construction Costs Fee Less than $10,000 $ 50.00 $10,000 to $1001000 $ 100.00 i 3 1(), IWAIM More than $100,000 $1 per $1000 of construction costs. SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter Carried Unanimously Subdivision Exactions for Park Purposes - _Report Alderperson Booth reported that subdivision exactions for park purposes will be brought before Council for action in October. R -2c Zoning - Report Alderperson Booth stated that he and Paul Mazzarella have had extensive meetings on the R -2c zoning and it will be back on the Charter and Ordinance Committee agenda for the September meeting. BUDGET AND ADMINISTRATION COMMITTEE: * 18.2 City Chamberlain Authorized to Charge $15.00 on All Checks Returned Because of Insufficient Funds By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the City Chamberlain be authorized to charge $15.00 as a matter of municipal policy on all checks which are returned for insufficient funds or otherwise as allowed under Section 85 of the General Municipal Law. Carried Unanimously * 18.3 Amend City Charter Article IV Taxation and Assessment- Place on Table for Action at the October 4, 1989 Meeting of Common Council By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That a Local Law amending City Charter, Article IV entitled "Taxation and Assessment", Section 4.6 thereof entitled "Purchase by City ", be and is hereby placed on the table for action to be taken at the October 4, 1989 meeting of the Common Council. Carried Unanimously LOCAL LAW NO. OF THE YEAR 1989 A LOCAL LAW AMENDING ITHACA CITY CHARTER, ARTICLE IV ENTITLED 'TAXATION AND ASSESSMENT', SECTION 4.6 THEREOF ENTITLED 'PURCHASE BY CITY' BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ARTICLE IV, SECTION 4.6 THEREOF Section 4.6 (E) of Article IV of the Ithaca City Charter is hereby amended to read as follows: E. Purchase by City If there is no other bidder for any parcel of land duly advertised and offered for sale pursuant to this Section, it shall be lawful for, and the City of Ithaca, by the City Chamberlain or one of his deputies, may bid in said parcel of land for the City of Ithaca pursuant to the same rules and regulations as to docketing, redemption and tax deed as herein provided. Notwithstanding the above the Common Council may. resolution authorize and direct the City Chamberlain on behalf of the Cit of Ithaca to purchase lands at the tax sale without competitive bidding, for the gross amount due. I F& -29- SECTION 2. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the Office of the Secretary of State. * Underline is new language. (6wo'l- * 18.4 Authorization in Connection with Hydropower at the Van Natta Dam Site By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That an amount not to exceed $2,500 be authorized for the procurement of expert legal services in conjunction with the preparation of an agreement between the City and a private developer for the development of hydropower at the Van Natta Dam site, and be it further RESOLVED, That $2,500 be transferred from A1990 Restricted Contingency for hydropower to the City Attorney's Fees for Professional Services line A1420 -430. "x Ayes (9) - Schlather, Romanowski, Booth, Nichols, Lytel, Cummings, Johnson, Hoffman, Peterson Nay (1) - Killeen `mil• Carried * 18.6 Police Department Computer Software By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Chief of Police be authorized to enter into an agreement with Charles Gabriel for an amount not to exceed $10,000, for consultant services necessary to review he proposals for law enforcement software and provide other services in (600e, connection therewith, and make recommendations as to which of the proposals should be accepted, and be it further RESOLVED, That said contract be paid from existing funds available in Capital Project #211 for Computer acquisition. Carried Unanimously * 18.7 Amend 1989 Youth Bureau Budget to Include One Full Time and One 15 Hour Per Week Youth Worker for the Balance of 1989 By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That the 1989 Budget be amended by increasing appropriations, line A7310 -110 Youth Bureau Personnel Services, by $9,481, in order to add one full time youth worker and one 15 hour per week youth worker for the balance of the year in connection with the Youth at Risk and Community Partnership Program, contingent upon receiving written confirmation of the grant as proposed, and be it further RESOLVED, That estimated revenues A3820 State for Youth Programming be conversely increased by said $9,481. Carried Unanimously * 18.8 Request to Increase the Authorized Equipment List Threshold from $200 to $500 (400e By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the authorized equipment list threshold has heretofore been $200, whereby all purchases in excess of said amount have required Common Council authorization, and WHEREAS, various departments of city c review and reconsideration of the equipment list amount in view of equipment items; now, therefore, be it RESOLVED, That the minimum authorized $500, effective immediately. government have requested a $200 minimum authorized inflationary effects on threshold be increased to Carried Unanimously ( ,t t1 1.40 -30- * 18 .9 Finance Department Personnel Roster Amendment By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the position of Data Processing Operator be added to the 1989 CSEA Administrative Unit Compensation Schedule at Grade 14 ($14 -329 - $18,131), and that said position be added to the 1989 Finance Department Roster, and be it further RESOLVED, One Principal Account Clerk position be deleted from the 1989 Finance Department Roster, and be it further RESOLVED, That Connie Nelson be appointed to the position of Data Processing Operator at an annual salary of $18,131, which is Step 7 on such schedule, effective September 4, 1989. Carried Unanimously * 18.10 Ithaca Housing Authority Salary Comparisons By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, the Ithaca Housing Authority is mandated by the Department of Housing and Urban Development, our funding agency, to demonstrate that the salaries and wages of the employees of said Housing Authority are comparable with the practices of the local governing body for all positions of similar responsibility and required competence, and WHEREAS, the City of Ithaca authorized a 6% increase for 1989, including step increases for qualified employees; now, therefore, be it RESOLVED, That the Ithaca Housing Authority authorize a 6% increase for all qualified employees to bring the IHA employees closer to parity and comparability with City of Ithaca employees, and be it further RESOLVED, That the IHA establish the following positions, comparability and salary ranges for its Public Housing Section and covered by its Operating Budget: Salary Range Position Comparable Position and Salary Executive Director Director of Planning & $39,133 - $57,927 Development /Controller $42,759 (oper.) 2,375 (Sec.8) 2,375 (Voucher) Salary $47,510 Assistant Director Deputy Director Plann- $34,865 - $42,418 ing Department Salary $35,030 Principal Account City of Ithaca C.S.E.A. $15,785 - 19,973 Clerk Salary $23,101 Administrative City of Ithaca C.S.E.A. $14,472 - 18,311 Secretary Salary $18,663 Site Manager Planner III $18,146- 22,960 $10,497 (oper.) 10,497(Sec8 /You) Salary $20,994 Account Clerk City of Ithaca C.S.E.A. $11,046- 13,978 Typist Salary $12,952 Account Clerk City of Ithaca C.S.E.A. $11,046- 13,978 Typist $11,679 (Oper.) 1,298(Sec8 /Vou.) Salary $12,977 141 -31- Director of Recreation Supervisor $17,190 - $22,621 Resident Services C.S.E.A. (1988) Salary $18,020 Superintendent of Ithaca School District * *$24,202 Maintenance Salary $24,952 Stock Manager City of Ithaca C.S.E.A. $17,270- $22,725 Salary $19,144 Building Maintenance Maintainer - C.S.E.A. $6.34 -$7.40 hour Mechanic IHA $10.19 +O.T. guaranteed Salary *$21,850 Building Maintenance Maintainer C.S.E.A. $6.34 -$7.40 hour � �' I Mechanic IHA $9.59 +O.T. guaranteed Salary *$20,577 Building Maintenance Maintainer C.S.E.A. $6.34 -$7.40 hour Mechanic IHA $8.13 +O.T. guaranteed Salary *$17,439 Maintenance Worker City of Ithaca C.S.E.A. $5.72 -$6.70 hour IHA $7.30 +O.T. guaranteed Salary *$15,666 Maintenance Worker City of Ithaca C.S.E.A. $5.72 -$6.70 hour IHA $6.75 +O.T. guaranteed Salary *$14,484 Maintenance Worker City of Ithaca C.S.E.A. $5.72 -6.70 hour IHA $6.60 +O.T. guaranteed Salary *$14,165 Laborer City of Ithaca C.S.E.A. $5.36 -$6.26 hour IHA $6.12 +O.T. guaranteed Salary *$13,199 Laborer City of Ithaca C.S.E.A. $5.36 -$6.26 hour IHA $6.12 +O.T. guaranteed Salary *$13,199 SEASONAL 2 Summer Camp Directors $31600 (1 at Northside) $8.00 /hour (1 at Southview) $8.00 /hour 2 Assistant Directors $3,075 (1 at Northside) $7.00 /hour (1 at Southview) $6.50 /hour ,. 2 Senior Counselors $2,025 (1 at Northside) $4.50 /hour (1 at Southview) $4.50 /hour 2 Counselors - Northside $2,400 ($4.00 hour) $11,100 1.42 Section 8 Administrator Tenant Selector Account Clerk/ Typist Section 8 Assistant (Pro -rated Salary) and be it further M &M SECTION 8 /VOUCHER Planner II - C.S.E.A. Administrative Assis- tant - C.S.E.A. City of Ithaca C.S.E.A. See Site Manager Planner III - C.S.E.A. $20,855- 26,388 Salary $21,513 $14,329- $18,131 Salary $14,329 $11,046- $13,978 Salary $11,046 $18,146- $22,960 Salary $10,497 RESOLVED, That a copy of this resolution be forwarded to the Common Council of the City of Ithaca for their compliance with Section 3, Article 32(1) of the New York State Housing Law. * Per U.A.W. Union Contract ** No range available from City of Ithaca Civil Service Office Carried Unanimously * 18.11 Audit By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That bills presented, as listed on Audit Abstract #16/1989, in the total amount of $32,607.12, be approved for payment. Carried Unanimously * 18.12 Bond Resolution - Reconstruction of North Quarry Street_ By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That a resolution authorizing the issuance of $204,250 in Serial Bond and the appropriation and expenditure of $10,750 current funds of the City of Ithaca, Tompkins County, New York, to pay the cost of the reconstruction of North Quarry Street in and for said City. BOND RESOLUTION DATED SEPTEMBER 6, 1989. A RESOLUTION AUTHORIZING THE ISSUANCE OF $204,250 SERIAL BOND AND THE APPROPRIATION AND EXPENDITURE OF $10,750 CURRENT FUNDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF NORTH QUARRY STREET IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of North Quarry Street, including drainage and other incidental improvements in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $204,250 serial bonds pursuant to the provisions of the Local Finance Law, and there are hereby authorized to be expended $10,750 current funds of said City, which current funds are hereby appropriated therefor. PC -33- Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $215,000, and that the plan for the financing thereof shall consist of the issuance of the $204,250 serial bonds of said City authorized to be issued pursuant to this bond resolution and by the expenditure of the $10,750 current funds of said City authorized to be expended therefor pursuant to this bond resolution. It is hereby further determined that the current (Vm� funds described herein shall constitute the down payment required for such project pursuant to Section 107.00 of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 20(b) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Vii' Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and the interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the f.lt principal of and interest on such bonds becoming due and payable y in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief (6W." fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, (400" shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 144 -34- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Romanowski - Aye Cummings - Aye Schlather - Aye Johnson - Aye Booth - Aye Lytel - Aye Killeen - Aye Hoffman - Aye Peterson - Aye Nichols - Aye Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Fire Department Personnel Committee Alderperson Killeen, as Chair for the committee, presented the following resolution to Council: "RESOLVED, That the Ithaca Fire Department Personnel Committee is forwarding the following recommendation to Common Council: - Add six fire personnel in 1990 and six more in 1991, on top of the five added in 1989. - Provide challenging, responsible opportunities for trained volunteers. - Entice Cornell University and Ithaca College to shoulder a greater portion of the community's fire fighting burden. - Extend the Town of Ithaca's contract with the City beyond the 1990 expiration date of the current contract. and be it further RESOLVED, That this recommendation be referred to the Human Services Committee for their consideration." Motion to Refer to Committee Alderperson Killeen: Seconded by Alderperson Johnson RESOLVED, That the resolution from Alderperson Killeen regarding the Fire Department Personnel Committee be referred to the Human Services Committee for review and the Budget and Administration Committee for budget discussion. Carried Unanimously NEW BUSINESS: Satellite Dish in Stewart Park Alderperson Hoffman reported that he has been informed that a satellite dish has been installed in Stewart Park near the boat house. He would like to have the matter investigated. Motion to Refer By Alderperson Hoffman: Seconded by Alderperson Peterson RESOLVED, That the question of the satellite dish in Stewart Park be referred to the Department of Public Works and the City Attorney to investigate and report back to the Council. EXECUTIVE SESSION: By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That Common Council adjourn into Executive Session to discuss the possibility of land negotiation. J ADJOURNMENT: Council came adjourned at -35- out of Executive Session and the meeting was 11:45 p.m. Callista F. Paolangeli City Clerk �J- t