HomeMy WebLinkAboutMN-CC-1989-09-06Ill
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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.
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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
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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."
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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
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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.
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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
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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
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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.
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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 ?"
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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
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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�
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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.
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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-
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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
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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
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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
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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