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HomeMy WebLinkAboutMN-CC-1990-01-031 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. January 3, 1990 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Johnson, Hoffman, Peterson, Daley, Blanchard, Romanowski, Schroeder OTHERS PRESENT: City Attorney - Guttman City Controller - Cafferillo City Clerk - Paolangeli Building Commissioner - Datz Deputy Director, Planning and Development - Mazzarella Police Chief - McEwen Fire Chief - Olmstead #,s Personnel Administrator - Walker Associate Personnel Administrator - Patz Deputy City Controller - Thayer Acting Superintendent of Public Works - Fabbroni Director of Youth Bureau - Sam Cohen (Alan Green attended in place of) PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of the Minutes of the November 1, 1989 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the November 1, 1989 Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the December 6, 1989 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the December 6, 1989 Common Council meeting be approved as published with the following correction: Page 15 - Final Resolved of agenda item 16.2 "Designation of Hogs' Hole" resolution should read subdivision 1 of the Environmental Law, etc... Carried Unanimously ADDITIONS TO THE AGENDA: Fourth Ward Alderperson Vacancy Mayor Nichols explained that this matter will be brought back to the Council at this meeting under Old Business. Planning and Development Committee Alderperson Hoffman requested that there be a discussion of Item 16.1, State Street Associates, L.P. - Donation of Woodland Preserve at Gun Hill Residence before the vote. He believes there are some discrepancies in the resolution as to what was passed in committee. No Council person objected. Budget and Administration Committee Alderperson Booth requested the addition of Item 17,40, which is a brief report from the City Controller. No Council member objected. e•�t. :1 2 January 3, 1990 MAYOR'S APPOINTMENTS: Board of Public Works Mayor Nichols requested approval of the Council for the appointment of Richard Berg, 806 North Tioga Street, for a 3 -year term, to expire December 31, 1992. Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of Richard Berg to the Board of Public Works for a 3 -year term; expiring on December 31, 1992. Carried Unanimously Board of Public Works Mayor Nichols requested approval of the Council for the appointment of Patricia Connor, 422 East Buffalo Street, for a 3- year term, to expire December 31, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the appointment of Patricia Connor to the Board of Public Works for a 3 -year term, expiring on December 31, 1992. Ayes (8) - Booth, Johnson, Cummings, Romanowski, Daley, Peterson, Hoffman, Schroeder Nav (1) - Blanchard Carried Board of Public Works Mayor Nichols requested approval of the Council for the re- appointment of Michael Sprague, 6 Cliff Park Circle for a 2 -year term, to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Daley RESOLVED, That this Council approves the re- appointment of Michael Sprague to the Board of Public Works for a 2 -year term, expiring December 31, 1991. Carried Unanimously Mr. Berg and Ms. Connor took the oath of office and were sworn in by City Clerk Paolangeli. Community Police Board Mayor Nichols requested the approval of Council for the appointment of Kirby Edmonds, 411 Esty Street to the Community Police Board, for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Kirby Edmonds to the Community Police Board for a 3 -year term, expiring December 31, 1992. Carried Unanimously Community Police Board Mayor Nichols requested the approval of Sarah Shenk, 816 South Meadow Street to the Community Police Board, for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the appointment of Sarah Shenk to the Community Police Board for a 3 -year term, expiring December 31, 1992. Carried Unanimously 3 January 3, 1990 Board of Zoning Appeals Mayor Nichols requested approval of Council for the re- appointment of Janis Cochran, 416 South Aurora Street to the Board of Zoning Appeals for a 2 -year term to expire December 31, 1991. Carried Unanimously Board of Zoning Appeals Mayor Nichols requested approval of Council for the appointment of David Holmberg, 408 East Seneca Street to the Board of Zoning Appeals for a 3 -year term to expire December 31, 1992. j Alderperson Peterson stated that the lack of representative from (.t_) the Fifth Ward has been discussed at the BZA meetings. She asked that this appointment be tabled until such time that this can be discussed further. Tabling Resolution By Alderperson Daley: Seconded by Alderperson Peterson RESOLVED, That the appointment of David Holmberg to the Board of Zoning Appeals be tabled. Resolution Peterson, Daley, Hoffman, Cummings, Blanchard, By Alderperson Booth: RESOLVED, That this Seconded by Alderperson Council approves the Cummings re- appointment of (Moo", Janis Cochran to the Board of Zoning Appeals for a'2 -year term, Booth expiring December 31, 1991. Carried Unanimously Board of Zoning Appeals Mayor Nichols requested approval of Council for the appointment of David Holmberg, 408 East Seneca Street to the Board of Zoning Appeals for a 3 -year term to expire December 31, 1992. j Alderperson Peterson stated that the lack of representative from (.t_) the Fifth Ward has been discussed at the BZA meetings. She asked that this appointment be tabled until such time that this can be discussed further. Tabling Resolution By Alderperson Daley: Seconded by Alderperson Peterson RESOLVED, That the appointment of David Holmberg to the Board of Zoning Appeals be tabled. Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the re- appointment of Herman Sieverding to the Board of Zoning Appeals for a 3 -year term, expiring December 31, 1992. Carried Unanimously Examinina Board of Electricians Mayor Nichols requested approval of the Council for the appointment of Jack E. Brooks, 800 North Aurora Street to the Examining Board of Electricians for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Jack E. Brooks to the Examining Board of Electricians, with a 3 -year term, expiring December 31, 1992. Ayes (7) - Booth, Johnson, Romanowski, Daley, Blanchard, Hoffman, Schroeder Nays (2) - Peterson, Cummings Carried Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of George Hagood, 501 West Green Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. Ayes (8) - Peterson, Daley, Hoffman, Cummings, Blanchard, Johnson, Schroeder, Romanowski Nay (1) - Booth Carried Board of Zoning Appeals Mayor Nichols requested approval of the Council for the re- appointment of Herman Sieverding, 114 Monroe Street to the Board of Zoning Appeals, with a 3 -year term to expire December 31, 1992. Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the re- appointment of Herman Sieverding to the Board of Zoning Appeals for a 3 -year term, expiring December 31, 1992. Carried Unanimously Examinina Board of Electricians Mayor Nichols requested approval of the Council for the appointment of Jack E. Brooks, 800 North Aurora Street to the Examining Board of Electricians for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Jack E. Brooks to the Examining Board of Electricians, with a 3 -year term, expiring December 31, 1992. Ayes (7) - Booth, Johnson, Romanowski, Daley, Blanchard, Hoffman, Schroeder Nays (2) - Peterson, Cummings Carried Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of George Hagood, 501 West Green Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. 4 January 3, 1990 Resolution By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of George Hagood to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of Chris M. Abbuhl, 112 West Marshall Street to the Affirmative Action Committee for a 1 -year term to expire December 31, 1990. Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the appointment of Chris M. Abbuhl to the Affirmative Action Committee, with a 1 -year term, expiring December 31, 1990. Carried Unanimously Mr. Abbuhl took the oath of office and was sworn in by City Clerk Paolangeli. Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of Brenda Kuhn, 330 Elm Street to the Affirmative Action Committee for a 1 -year term to expire December 31,1990. Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Brenda Kuhn to the Affirmative Action Committee, with a 1 -year term, expiring December'31, 1990. Carried Unanimously Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of James Miller, Building Systems Supervisor, City of Ithaca Department of Public Works, 245 Pier Road to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of James Miller to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Affirmative Action Committee Mayor Nichols requested approval of Council for the re- appointment of Joan Russell, Police Officer, Ithaca Police Department, 120 East Clinton Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the re- appointment of Joan Russell to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Affirmative Action Committee Mayor Nichols requested the approval of Council for the re- appointment of John "Beau" Saul, Police Officer, Ithaca Police Department, 120 East Clinton Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. 5 January 3, 1990 Resolution By Alderperson Schroeder: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the re- appointment of John "Beau" Saul to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of Eric Broberg, 423 East Lincoln Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That this Council approves the re- appointment of Eric Broberg to the Conservation Advisory Council, with a 2-year term, expiring December 31, 1991. Carried Unanimously Conservation Advisory Council a Mayor Nichols requested approval of Council for the re- _' appointment of Cathy Emilian, 218 South Albany Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Daley: Seconded by Alderperson Peterson RESOLVED, That this Council approves the re- appointment of Cathy Emilian to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. Carried Unanimously (4well Conservation Advisory Council Mayor Nichols requested approved of Council for the re- appointment of Barbara Hotchkiss, 515 Chestnut Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Romanowski: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the re- appointment of Barbara Hotchkiss to the Conservation Advisory Council for a 2- year term, expiring December 31, 1991. Carried Unanimously Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of Jill Tripp, 216 Dey Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Peterson: Seconded by Alderperson Daley RESOLVED, That this Council approves the re- appointment of Jill Tripp to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. Carried Unanimously Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of J. Keith Waldron, 896 Cayuga Heights Road to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the re- appointment of J. Keith Waldron to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. Carried Unanimously C, 0 January 3, 1990 Mr. Broberg, Ms. Hotchkiss and Mr. Waldron took the oath of office and were sworn in by City Clerk Paolangeli. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Fourth Ward Alderperson Vacancy on Council The following persons spoke in favor of Neil Golder to fill the 4th Ward vacancy on Common Council: Therese Goddard Carl Feuer Mary Jo Dudley Lori Peters Bea MacLeod Theresa Alt Francis Adams Judith Van Allen Jeanne Fadula Guy Gerard Patricia Connor Wayles Browne 319 310 312 412 957 206 102 713 615 140 422 206 Eddy Street First Street First Street East Yates Street East State Street Eddy Street Highland Place North Cayuga Street North Aurora Street College Avenue East Buffalo Street Eddy Street Citizens to Save Our Parks Doria Higgins, representing Citizens to'Save Our Parks, stated that her group would like to suggest a change in the wording of Agenda Item 16.2, Interim Parks Task Force. She stated that this resolution as it now stands was voted approval by Common Council in April of 1988. At that time, as now, it was a corruption of an earlier resolution which Common Council had voted on in February of 1988. This wording represents a very real change of the February 1988 resolution passed by the Council which said that certain goals only should be adopted and that the guidelines in the Trowbridge manual should serve as a resource for implementation of those goals. The resolution tonight, as it now stands, essentially implies that the activities and proposals described in the Trowbridge manual should be implemented and this was not the intent of the February 1988 resolution which was passed by Council and endorsed by the SPAG sub - committee, which had very carefully studied this issue. The Citizens to Save Our Parks group would like the Council to consider changing the wording in the second resolved under #1 as follows: Delete the words "in planning for future activities" and read instead "to evaluate the appropriateness of implementing other proposals described in goals and guidelines." _Establishment of Negotiating Committee for Sale /Lease of City - Owned Land to Sciencenter and Senior Citizens' Center Bruce Thompson, 371 Snyder Hill Road, member of the Board of Directors of the Sciencenter, thanked the members of the Planning and Development Committee and the Northside Lands Committee for considering their request for this land in a timely manner and bringing this resolution before Council. Mr. Thompson wished to point out that the Sciencenter's use of the site is compatible with any proposed use that he has heard of for the adjacent lands, be it commercial, housing or park land. He said that they proposed to build a distinctive building which he feels will be both attractive and provide a buffer for the traffic on Route 13 and thus will be a catalyst toward further development of the area. He urged the Council to pass the resolution on tonight's agenda. Northside Land Use Mr. Richard Hoare, 216 Lake Avenue, representing the Northside Civic Association, stated to Council that for years the Northside Cascadilla Creek Association has been asking the City for a fair distribution of park land. The City built dense housing in this area, now the Northside / Cascadilla neighborhood want a park where 0 l e�� 7 January 3, 1990 children can gather and play. The neighbors must be negotiating partners with the City to form a viable, effective negotiating team. REPORT OF CITY ATTORNEY: Special Election City Attorney Guttman stated that he has spoken with the Attorney General's office in Albany regarding this matter and has been assured that there is a proper procedure for filling the vacancy if the Council is deadlocked. It is up to the Governor to decide whether to issue such a special proclamation - it is his right, -A not his obligation to do so. Atty. Guttman stated that if such a proclamation is issued, an election would be held within thirty to forty days after the special proclamation. City Attorney Guttman explained that in regard to the cost of a special election, the County Board of Elections would pay the cost and then bill the City. Atty. Guttman further explained that in terms of the length of time the person elected at that special election would serve, it would be for remainder of the term, which is through 1991. Baling Station Alderperson Hoffman stated that Council has appropriated money for the effort of questioning the County's right to build a Baling Station on Commercial Avenue. He asked City Attorney Guttman if there has been any activity on that. City Attorney Guttman stated that he knows Council hired a special consultant on that matter. He has been unable to contact the consultant but he understands that the matter is under review at this time. RESOLUTION FOR FOURTH WARD VACANCY: Nominations Mayor Nichols entertained nominations for the filling of the seat for the fourth ward alderperson. Mayor Nichols advised Council that the City Attorney has ruled that a second is not required for the nominations. Alderperson Schroeder nominated Neil Golder. Alderperson Blanchard nominated Sean Killeen. Mayor Nichols declared that the nominations are closed and discussion is in order before the vote. Alderpersons Cummings and Romanowski spoke on behalf of Sean Killeen. Alderpersons Schroeder, Hoffman and Johnson spoke on behalf of Neil Golder. Senior Citizens' Council Valorie Rockney, 304 Linn Street, thanked the Planning and Development Committee and the Northside Land Use Committee and thanked the Council for their encouragement, their good advice, and moral support for the proposed new site of the Senior Citizens' Council. Fourth Ward Alderperson Vacancy Anna Steinkraus, member of the Ithaca Farmers' Market spoke in favor of Sean Killeen for the position of Alderperson to the Fourth Ward. REPORT OF CITY ATTORNEY: Special Election City Attorney Guttman stated that he has spoken with the Attorney General's office in Albany regarding this matter and has been assured that there is a proper procedure for filling the vacancy if the Council is deadlocked. It is up to the Governor to decide whether to issue such a special proclamation - it is his right, -A not his obligation to do so. Atty. Guttman stated that if such a proclamation is issued, an election would be held within thirty to forty days after the special proclamation. City Attorney Guttman explained that in regard to the cost of a special election, the County Board of Elections would pay the cost and then bill the City. Atty. Guttman further explained that in terms of the length of time the person elected at that special election would serve, it would be for remainder of the term, which is through 1991. Baling Station Alderperson Hoffman stated that Council has appropriated money for the effort of questioning the County's right to build a Baling Station on Commercial Avenue. He asked City Attorney Guttman if there has been any activity on that. City Attorney Guttman stated that he knows Council hired a special consultant on that matter. He has been unable to contact the consultant but he understands that the matter is under review at this time. RESOLUTION FOR FOURTH WARD VACANCY: Nominations Mayor Nichols entertained nominations for the filling of the seat for the fourth ward alderperson. Mayor Nichols advised Council that the City Attorney has ruled that a second is not required for the nominations. Alderperson Schroeder nominated Neil Golder. Alderperson Blanchard nominated Sean Killeen. Mayor Nichols declared that the nominations are closed and discussion is in order before the vote. Alderpersons Cummings and Romanowski spoke on behalf of Sean Killeen. Alderpersons Schroeder, Hoffman and Johnson spoke on behalf of Neil Golder. `(t 8 January 3, 1990 Alderperson Booth spoke for the record as follows: "I believe strongly that what the City needs is to fill this seat. I have supported Mr. Killeen on all three of the previous ballots. I believe that Mr. Killeen's experience would be very useful to Common Council in the future. As I have said before, those votes were not a vote against Mr. Golder. Both of these candidates are decent people, they are capable people and they could well serve this years term on Common Council. While I have voted for Mr. Killeen I am willing to vote for Mr. Golder in order to compromise and to fill the seat, which I think we should do. In listening over the last two days I do not see any movement among the other eight Council members. I see a lot of stubbornness and I think we are going to go down the route of not serving the City well by having a period of time in which we are going to have the potential of a number of 5 to 4 votes which cannot then be resolved and have a majority decision by the City Council. I do not think that is in the interest of the people of the City. I still support Mr. Killeen as a candidate and if there were another person to support him, I would gladly vote to put him on Council. On this ballot, to demonstrate that I am willing to compromise, I am going to vote for Mr. Golder. I am not doing it because voting Sean Killeen into office would be outrageous or a violation of ethics or a violation of the democratic process. This has been an open discussion. This is going to be an open vote, this isn't a behind the scenes, back room kind of decision. I think the Council does need to compromise. My personal preference would be Sean Killeen. However, I am willing to vote for Mr. Golder and will demonstrate that in this vote." The voting was as follows: In support of Neil Golder: Johnson, Booth, Schroeder, Hoffman, Peterson In support of Sean Killeen: Blanchard, Romanowski, Daley, Cummings Mayor Nichols stated neither candidate having received a sufficient majority the motion to fill the vacancy fails. _Resolution for Special Election By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, a vacancy exists for the position of Alderperson to represent the citizens of the 4th ward of the City of Ithaca because of the resignation of Alderperson Benjamin Nichols who was elected as Mayor of the City of Ithaca, and WHEREAS, a majority of the members of the Common Council, after numerous votes at two successive meetings has been unable to agree on an individual to appoint to that seat; now, therefore, be it RESOLVED, That 'the Mayor is directed to send a letter to the Governor requesting that the Governor proclaim a Special Election, pursuant to Section 42 of the Public Officers Law, so that the voters of the 4th ward of the City of Ithaca may select an Alderperson to serve out the remaining term. Carried Unanimously 9 January 3, 1990 PLANNING AND DEVELOPMENT COMMITTEE: * 16.3 Northside City Lands Committee - Establishment (bf Neaotiatinq Committee for Sale /Lease of City -owned Land to Sciencenter and Senior Citizens, Center By Alderperson Cummings: Seconded by Alderperson Daley WHEREAS, the Common Council has previously established a committee to investigate possible reuse of city -owned lands, and WHEREAS, this Committee has taken as its first task the matter of future land use and disposition of lands in the vicinity of the former sewage treatment plant located near Franklin Street, and WHEREAS, the city has retained a consultant to advise the Committee in that investigation, and WHEREAS, the consultant has made certain reports to the Committee regarding future land use and disposition of these city -owned lands, and WHEREAS, it thus appears that both the Sciencenter and the Senior Citizens Center could be accommodated on the site surrounded by Route 13, Lake Street, Franklin Street, and First Street at relatively little expense to the city; now, therefore, be it k' RESOLVED, That the Mayor is hereby authorized and directed to appoint a disposition committee to work with the Sciencenter and Senior Citizens Center on possible disposition of these lands either through lease or sale to the above mentioned bodies, and, be it further RESOLVED, That this Committee shall consist Common Council, one member of the Board of member of the Planning and Development Board, (44�' staff services by the Director of Planning a Superintendent of Public Works, and the City it further of two members of Public Works, one and shall be given nd Development, the Controller, and be RESOLVED, That the Budget and Administration Committee be requested to study the cost of removal of Department of Public Works functions from the remainder of the site under consideration. More specifically, functions which either are now or will be located on the block surrounded by Third Street, Adams Street, First Street, and Route 13. Alderperson Cummings, for clarification, stated that this resolution is to establish an ad -hoc committee which would begin talking with interested parties who have expressed their desire to locate their community facilities in that area and to discuss the financial package which could be put together. She said there is already in place an ad -hoc committee which the neighborhood participates in, working on issues of siting, compatible uses, developing a long range use for that area. Alderperson Cummings stated this is critical and she urged Council to pass this resolution and establish this committee right away. Discussion followed on the floor regarding the entire Northside site. Alderperson Cummings stated that there is still an on -going study of the entire area and that has been broken down into phases. This is a phase 1 area. It is an area which will cost the City nothing in terms of re- location costs for the Department of Public Works. Alderperson Daley stated that the costs of developing the entire site, and moving the entire Department of Public Works operations as has been proposed is in the neighborhood of $2 -$3 million. He said the committee felt that might be an insurmountable amount to 10 January 3, 1990 get anything going. Therefore, they requested of the Department of Public Works a phased in process and the costs for those phasings. This particular area that is being talked about is the area that is bounded by First and Franklin Streets and is not being used by the Department. He said there may be some slight storage in one of the buildings but it essentially is a fairly expense free move to start with what the committee is calling Phase 1. Alderperson Daley further stated that since the Senior Center, the Sciencenter and the neighborhood that is involved all feel that they would like to proceed with their particular projects as quickly as possible and whereas the committee has felt that all three of those would be appropriate uses for part of the site, they have decided that they would try to accommodate the three of them in Phase 1. However, as has been pointed out, we may have nothing to negotiate if either the Senior Center or the Sciencenter is not financially able to come to an agreement with the City. That is the reason for the resolution that is before the Council - to find out whether there is sense in continuing the discussions with either or both of those groups as part of the overall design of that area. Alderperson. Booth stated that it is his opinion that this resolution is far too premature and he explained his reasoning. He urged Council not to adopt it tonight. Alderperson Booth stated that he was told today that the matter has not been approved by the Board of Public Works. He asked Board of Public Works Commissioner Reeves to address the Council regarding the issue. Commissioner Reeves stated that the matter of the value of the land on the Northside has not gone before the Board of Public Works. Alderperson Cummings remarked that the Board has, however, endorsed the concept of consolidation. Commissioner Reeves concurred. Commissioner Reeves stated that the discussion that took place at the last Northside Land Use Committee meeting has not been discussed at the Board level so the proposals (phases) that were made at that meeting have not yet had approval by the Board. Acting Supt. Fabbroni spoke to the Council and stated that he feels that there needs to be more internal discussion before this project can go forward. Further discussion followed on the floor. Alderperson Daley stated that he would like the last Whereas to read as follows: WHEREAS, it thus appears that the Sciencenter and the Senior Citizens' Center and neighborhood desires for a park could all be accommodated on the site...... etc." Since there was no objection to the amendment it was added. Alderperson Peterson stated that she would like the title of the resolution (16.3) to read "Establishment of Disposition Committee for Possible Sale /Lease of City -Owned Land to Sciencenter and Senior Citizens' Council. There was no objection to that change and Mayor Nichols stated the title is therefore changed. Alderperson Peterson suggested the following amendment in the first Resolved: "that the Mayor is hereby authorized and directed to appoint a disposition committee to work with the Sciencenter and Senior Citizens' Council to examine, research and make I-J 11 January 3, 1990 recommendation to Council on the possible disposition of these lands either through lease or sale to the above mentioned bodies1 including allowance for space for a neighborhood park, and be it further ", etc... There was no objection to that amendment and Mayor Nichols declared the motion amended to include that change. Alderperson Booth stated that, in his opinion, by Council voting for this resolution, we are sending a signal that Council is accepting the idea of transferring this property or leasing it over a long term basis. He thinks that is grossly premature. He stated we do not have any idea of what this property is really worth to the City. We have no idea as to what the implications are to the Department of Public Works and how this would be staged over a period of time. He therefore urged Council to table this resolution. Motion to Refer to Committee of the Whole By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the matter of the establishment of a Disposition Committee for the possible sale /lease of City -owned land to Sciencenter and Senior Citizens' Council be referred to the Council's Committee of the Whole. Discussion followed on the floor. A vote on the referral motion resulted as follows: Aye (1) - Booth Nays (8) - Romanowski, Cummings, Johnson, Blanchard, Daley, Schroeder, Peterson, Hoffman (4W." Motion Fails Main Motion As Amended A vote on the Main Motion as amended resulted as follows: Ayes (8) - Romanowski, Cummings, Johnson, Blanchard, Daley, Peterson, Hoffman, Schroeder Nay (1) - Booth Carried * 16.2 Interim Parks Task Force By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, the Stewart Park 1987 Preservation Goals and Guidelines calls for the establishment of a city -wide Parks Commission, and WHEREAS, the Board of Public Works and Department of Public Works have made recommendations regarding the establishment of a Parks Commission; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to appoint an Interim Parks Commission for a term to expire on January 1, 1991, which is to be composed of ten (10) members of whom at least six (6) shall reside in the City of Ithaca. At least four (4) shall be experts in such areas as landscape architecture, limnology, horticulture, historic preservation, hydrological engineering, ornithology, and ecology; four (4) shall be at -large representatives; and one (1) shall be a Department of Public Works staff member; and one (1) shall be a member of the Board of Public Works, and be it further RESOLVED, That the Interim Parks Commission shall be charged with the following: 1) To advise the Department of Public Works in carrying out items specified on pages 17 and 18 of the Stewart Park Preservation Goals and Guidelines, in planning for future activities as described in the Goals and Guidelines, and in any other appropriate areas related to the development of city parks. ') (i ",F' 12 January 3, 1990 2) To make recommendations to the Board of Public Works and the Planning and Development Committee of Common Council by October 1, 1990 on a permanent Parks Commission for the City of Ithaca- - the recommendations to include membership, terms of office, relationship to existing Boards and departments, powers, tasks, appointment procedures, and any other areas as they see fit. Discussion followed on the floor. Alderperson Hoffman suggested that in the second resolved, Item #1 read as follows: 1) "To advise the Department of Public Works_ a) in carrying out items specified on pages 17 and 18 of the Stewart Park Preservation Goals and Guidelines, b in evaluating the appropriateness of implementing other proposals described in the Stewart Park Preservation Goals and Guidelines as such proposals conform to the goals for Stewart Park adopted by Common Council on February 3, 1988, and gl In considering any other appropriate areas related to the function of City parks. Alderperson Cummings suggested that in the second resolved, Item #2 read as follows: 2) To make recommendations to the Board of Public Works and the Planning and Development Committee of Common Council by October 1, 1990 on a permanent Parks Commission for the City of Ithaca -- the recommendations to include parks and other green spaces for which they shall assume responsibility, membership, terms of office, relationship to existing Boards and departments, ...etc. Further discussion followed on the floor. Since there was no objection to the change in the language, Mayor Nichols declared the new language acceptable. A vote on the resolution as amended resulted as follows: Carried Unanimously Mayor Nichols stated that he will be nominating the membership of this committee within the month and the committee should begin functioning by early February. Recess Common Council recessed at 9:07 p.m. and reconvened in Regular session at 9:20 p.m. Disposition Committee for the Northside Land Mayor Nichols stated that there are two Council members who have agreed to serve on the Disposition Committee for the Northside project. They are Alderpersons Hoffman and Daley. He stated he will be naming someone from the Board of Public Works and the Planning Board so that discussions can begin as soon as possible. ORDIN * 14.1 Amendment to 'Assessment and lien' By Alderperson Booth: COMMITTEE' Section 26.33 of the 1 Code Entitled Seconded by Alderperson Peterson ORDINANCE NO. 90 -► AN ORDINANCE AMENDING SECTION 26.33 ENTITLED 'ASSESSMENT AND LIEN' OF CHAPTER 26 ENTITLED 'BUILDING CODE ENFORCEMENT' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, that an ordinance amending Section 26.33, entitled 'Assessment and lien' of Chapter 26 entitled 'Building Code Enforcement' be amended to read as follows: 0 19 13 January 3, 1990 SECTION 1. AMENDING SECTION 26.33, ASSESSMENT AND LIEN Section 26.33 Assessment and lien Upon receipt of the verified statement, the City Chamberlain shall enter the same in his or her records as a lien against the premises and shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner, by the same proceedings, at the same time, under the same penalties, as the general City tax and as a part thereof. Except that in addition to the penalties heretofore stated, interest shall accrue from the date of filing to the date of actual payment at twelve (12 %) percent per annum. 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 * 14.2 R -2c Zoning Amendment - Lift from Table By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the R -2c Zoning Amendment be lifted from the table for consideration by this Council. Carried Unanimously ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.3, 30.21, 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 that an ordinance amending Sections 30.3, 30.21, 30.25 and 30.26 of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code be adopted, as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one- family ", Section 30.3(24), shall be amended as follows: "Dwelling, one - family" shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted. A one - family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family detached dwelling - A building containing not more than one dwelling unit. �j Ill II.A. One - family detached dwelling. 1 14 January 3, 1990 B. One - family detached dwelling, zero -lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on or near the side property line of the parcel on which it is built. I I n - -- -� I ( I Ill. II. B. One - family detached dwelling, zero lot line C. One - family semi - detached dwelling - A building containing not more than two one - family dwellings, each of which shares a party wall or other common structural elements with the other dwelling unit in the building and which has direct exterior access from the ground floor. (!- - -I Ill II C. One - family semi - detached dwelling. D. One - family attached dwelling - A building containing three or more one - family dwellings, each of which shares one or more party walls or structural elements with the other one - family dwellings in the building and which has direct exterior access from the ground floor. A maximum of four'(4) one - family dwelling units may be attached to form a single building. ; 1_­"____1,_­­_.._ i B�r [ L7 F1 o ❑ ❑ ! i Ill. II. D. One - family attached dwelling. 2. That a new definition for "Occupant" be added to Section 30.3 as follows: 104. "Occupant" (in R -2c zones only) A. "Occupant" (in R -2c zones only) shall mean a person that is permitted to occupy a dwelling unit or building in an R -2c zone. The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitable space in the dwelling unit or building and on the basis of lot size. The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows: 15 January 3, 1990 1. In R -2c dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of lot size and on the basis of the floor areas of habitable space, other than kitchens, as shown in the following table: Number of Persons 1 2 3 4 or more a. Sleeping room, 80 120 180 240 plus 60 minimum sq. ft. for each addtl. person b. Dwelling unit (other 150 250 350 450 plus 100 than kitchen), minimum for each addtl. sq. ft. person 2. In any other lodging units permitted in R -2c zones, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. B. Nothing herein shall be construed to limit the maximum E=R size of any room in a dwelling unit. Bedrooms that exceed the minimum square footage in the above chart may not sleep more persons unless the appropriate lot size requirements are met. C. Notwithstanding anything herein to the contrary, once an R -2c dwelling unit is constructed and legally occupied, the term "occupant" shall not include additional family members or members of a functional family unit that are added to a household. SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That the list of zoning districts in Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential" and before the words 11R -3a Residential ": R -2c Residential SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS. 1. That Section 30.25, District Regulations, be amended by altering the District Regulations Chart as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, delete "One- family dwelling" and add "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, delete "One- family dwelling" and add "One - family detached or semi- detached dwelling ". C. Under Column 2, Permitted Primary Uses, for the R -2 district, add the following: 118. R -2c only: One - family detached dwelling; zero -lot line." 119. R -2c only: One - family attached dwelling." D. Under Column 2, Permitted Primary Uses, for the R -3 districts, delete "One- or two - family dwelling" and add "One - family detached, semi - detached or attached dwelling or two - family dwelling." X19 8 Wr 16 January 3, 1990 E. Under Column 2, Permitted Primary Uses, for the R -U district, delete "One- or two - family dwelling" and add "One- family detached, semi - detached or attached dwelling or two - family dwelling." F. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add "3. R -2c only: Private garage for not more than six (6) cars per building." G. Under Column 6, Minimum Lot Size, Area in Square Feet, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One- family detached dwelling." 2. For the R -lb zone, delete "One- family dwelling" and add "One- family detached dwelling." 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add 112. One - family attached dwelling, new const.: 6,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 7. For the R -3a zone, renumber existing item 112." to 113.11. 8. For the R -3a zone, add "4. One- family attached dwelling, conversion: 7,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 9. For the R -3a zone, renumber existing items 113.11, " 4 . " and " 5 . " to 115.111 " 6 . " and " 7 . " . 10. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling." 11. For the R -3b zone, add 112. One - family attached dwelling, new const.: 3,500 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 12. For the R -3b zone, renumber existing item 112." to 113.11. 13. For the R -3b zone, add "4. One - family attached dwelling, conversion: 4,000 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 14. For the R -3b zone, renumber existing items 113.11, " 4 . " and " 5 . " to " 5 . " , 116.1' a nd " 7 . " . 15. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 1.4 Y9 17 January 3, 1990 16. For the R -U zone, delete "Two- family dwelling" and add "One- family semi - detached or two - family dwelling ". 17. For the R -U zone, add "3. One - family attached dwelling: 16,500 for first 1 - 3 units plus 1,500 for each add'1 unit." 18. For the R -U zone, renumber existing items 113.11, " 4 . " and " 5 . " to " 4 . " , " 5 . " and "6."., H. Under Column 6, Minimum Lot Size, Area in Square Feet add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 2500 for first occupant, plus 500 for each additional occupant. 2. One - family detached dwelling, zero -lot line: i 2,500 for first occupant plus 500 for each additional occupant. 3. One - family semi - detached dwelling: 2000 for first ` occupant in each dwelling unit plus 400 for each additional occupant in each dwelling unit. 4. One - family attached dwelling: 1500 for the first occupant in each dwelling unit plus 300 for each additional occupant in each dwelling unit plus 500 for each additional occupant in each dwelling unit in excess of five (5) occupants. 5. Two- family dwelling: 2000 for first occupant in each dwelling unit, plus 400 for each additional occupant in each dwelling unit. 6. Other uses: 4000." I. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One- family detached dwelling ". 2. For the R -1b zone, delete "One- family dwelling" and add "One- family detached dwelling ". 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add 112. One - family attached dwelling: 50." 7. For the R -3a zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " . 8. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 9. For the R -3b zone, add 112. One - family attached dwelling: 40." ON J. K. 18 January 3, 1990 10. For the R -3b zone, renumber existing items 112.11, " 3 . " and " 4 . " to " 3 . " , " 4 . " and " 5 . " . 11. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 12. For the R -U zone, delete "Two- family dwelling" and add "One- family semi - detached or two - family dwelling ". - 13. For the R U zone, add 113. One family attached dwelling: 125." 14. For the R -U zone, renumber existing items 113.11, 114.11 and "5." to 11 4 . 11 , 11 5 . 11 and 11 6" . Under Column 7, Minimum Lot Size, Width in Feet at Street Line, add under a new subdistrict heading "R -2c" as follows: ".1. One - family detached dwelling: 40. 2. One - family detached dwelling, zero -lot line: 35. zero -lot line: One - family 40. 3. One - family semi - detached dwelling: 50. 4. One - family attached dwelling: 50. 5. Two - family dwelling: 50. 6. Other Uses: 40." Under Column 8, Maximum* Building Height, Number of Stories, add under a new subdistrict heading "R -2c": 11311. L. Under Column 9, Maximum Building Height, Height in Feet, add under a new subdistrict heading "R -2c": "35 ". M. Under Column 10, Maximum Percent Lot Coverage By Buildings, add under a new subdistrict heading "R -2c" as follows: "l. One - family detached dwelling: 35. 2. One - family detached dwelling, zero -lot line: 35. 3. One - family semi - detached dwelling: 40. 4. One - family attached dwelling: 50. 5. Two - family dwelling: 40. 6. Other Uses: 35." N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under a new subdistrict heading "R -2c": "10". O. Under Column 12, Yard Dimensions, Side, One Side at Least, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 10. 2. One - family detached dwelling, zero lot line: 15. .3d/ 19 January 3, 1990 3. One - family semi - detached dwelling, unattached sides only: 10. 4. One - family attached dwelling, unattached sides only: 10. 5. Two - family dwelling: 10. 6. Other uses: 10:" P. Under Column 13, Yard Dimensions, Side, Other Side at Least, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 5. 2. One- family detached dwelling, zero -lot line: 0. (_.j_.) 3. One - family detached dwelling, -'� zero -lot line, on side abutting a non- zero -lot line building or lot: 10. 4. One - family semi - detached dwelling, attached sides: 0• 5. One - family attached dwelling, attached sides: 0• 6. Two - family dwelling: 5• 7. Other uses: 5•" Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under a new subdistrict heading "R -2c": 11255". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under a new subdistrict heading "R -2c1l: 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, pertaining to Group Care Residence, be amended by amending 113. Density controls at individual facility level" as follows: R -2b and R -2c All other provisions in the chart contained in Section 30.26(B) shall remain the same. 2. That Section 30.26(C)(4)(iv) be amended as follows: (iv) Specific standards applicable to a school and related buildings in all Residential Districts (R -1, R -1a, R -1b, R -2, R -2a, R -2b, R -2c, R -3, R -3a, R -3b, R -U): SECTION 5. 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. Alderperson Booth explained that at the December meeting the resolution was amended from 6 units to 4 units and then the whole ordinance was tabled. 36Z 3W IPA January 3, 1990 Alderperson Booth explained that the general purpose of this amendment to the zoning ordinance is to create a district in the R -2 category in which essentially the size of lots is tied to the number of people for whom a residential unit is designed. He stated that the ordinance does many other specific things but that is its major attribute. Amending Resolution By Alderperson Cummings: Seconded by Alderperson Johnson RESOLVED, That under "D ", "one- family attached dwelling ", the maximum of four one - family dwelling units be changed back to six one - family dwelling units. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (6) - Blanchard, Schroeder, Daley, Romanowski, Cummings, Johnson Nays (3) - Peterson, Hoffman, Booth Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Hoffman, Johnson, Romanowski, Blanchard, Cummings, Schroeder, Daley Nays (2) - Peterson, Booth Carried * 14.3 Parking Fines By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, illegal parking activities harms the well -being of the residents of Ithaca, and WHEREAS, the City of Ithaca has recently raised the basic fine for overtime parking to $3.00, and WHEREAS, fines for other parking violations should effectively deter illegal parking and should be raised in light of the increase in the basic fine for overtime parking, and WHEREAS, under New York State Law the schedule of fines for many parking violations is determined by the City Judge; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby express its support and approval for the City Judge to raise fines for parking violations in accord with the following schedule: SEE SCHEDULE AT BOTTOM OF PAGE 21 303 21 and be it further January 3, 1990 RESOLVED, That the Common Council does hereby express its further support and approval for the City Judge to raise fines for parking in a prohibited area above the level set forth in the previous schedule to $10.00 for the first and second offenses and $20.00 for third or more offenses, and be it further RESOLVED, That the Common Council does hereby express its support and approval for the City Judge to establish the fines for parking outside meter lines as follows: $5.00 for first and second offenses and $10.00 for third or more offenses. Alderperson Booth gave an explanation of the resolution and discussion followed with comments by Police Chief McEwen. Alderperson Booth suggested the following amendment: That on the headings of the schedule, the words within 12 months 0,J be added after the word offenses in each column of the headings. Alderperson Booth also suggested the deletion of the last Resolved. rj Mayor Nichols declared the amendments accepted as there were no i -I objections. The resolution as amended will read as follows: WHEREAS, illegal parking activities harms the well -being of the residents of Ithaca, and WHEREAS, the City of Ithaca has recently raised the basic fine for overtime parking to $3.00, and WHEREAS, fines for other parking violations should effectively deter illegal parking and should be raised in light of the increase in the basic fine for overtime parking, and WHEREAS, under New York State Law the schedule of fines for many parking violations is determined by the City Judge; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby express its support and approval for the City Judge to raise fines for parking violations in accord with the following schedule: Type of Violation Existing Fine for 1st 6 2nd Offenses Existing Fine 3rd or more Offenses Recommended Fine for 1st 6 2nd Offenses Recommended Fine for 3rd or more Offenses Overtime Meter as set by CC $3.00 $3.00 as set by CC S3.00 $6.00 - Overtime... Zone as set by CC $3.00 $3.00 as set by CC $3.00 $6.00 Outside Meter Lines None None $5.00 $10.00 Curb (12 inches) $3 00 $3.00 $3.00 $6.00 School Zone $3.00 $6.00 $3.00 $6.00 Prohibited Area $3.00 $6.00 $5.00 510.00 Between Curb$Walk $3.00 $6.00 $10.00 $20.00 Bus Stop/Taxi Stand $3.00 $6.00 $15.00 530'.00 Fire Hydrant /2M $3.00 $6.00 $15.00 $30.00 Crosswalk (20') $3.00 $6.00 $5.00 $10.00 Sidewalk $3.00 $6.00 $10.00 $20.00 Overtime, Night - Odd /Even $3.00 $6.00 $S.00 $10.00 Other Infractions $3.00 $6.00 $5.00 $10.00 Driveway $4.00 $8.00 S15.00 530.00 Private Property $4.00 $8.00 $15.00 $30.00 Wrong Direction $4.00 $8.00 SS .00 510.00 Truck Zone $5.00 $10.00 $10.00 $20.00 Double Parking $10.00 $20.00 $15.00 $30.00 Uninspected $10.00 $20.00 $15.00 $30.00 Abandoned $10.00 $20.00 $15.00 $30.00 Parking Ramp Over - Night Without Perinit None None $10.00 $20.00 NOTE: Fines for Parking Violations persons are set by New York in spaces reserved for handicapped State Law as follows: 1st Offense - $25.00, 2nd Offense-$S0.00, 3rd Offense - $100.00 864 1W 22 January 3, 1990 and be it further RESOLVED, That the Common Council does hereby express its further support and approval for the City Judge to raise fines for parking in a prohibited area above the level set forth in the previous schedule to $10.00 for the 1st and 2nd offenses and $20.00 for 3rd or more offenses. A vote on the resolution resulted as follows: Carried-Unanimously Smoking Ordinance Amendments - Report Alderperson Booth reported that the Charter and Ordinance Committee had hoped to have amendments to that done by January 1, 1990. There is an existing smoking ordinance - there is a need to bring it into a form that is parallel with the new State law which went into effect on January 1. The committee now, has a revised version of the smoking ordinance and it is being sent on to the new Charter and Ordinance Committee with hopes that they will hold a public meeting and proceed to adoption of amendments to the existing smoking ordinance. Amendments to Citv's Environmental Quality Review Ordinance- Report Alderperson Booth reported that there is now a complete draft of amendments to the EQR, which is an effort to bring the City's ordinance in compliance with State law and State regulations. He urged that these amendments be adopted fairly quickly in the new year. HUMAN SERVICES COMMITTEE: Human Services Coalition Work Plan By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the following items comprise the areas of work that the Human Services Coalition will perform for the City of Ithaca in 1990: 1. Human Services Grant Allocations Review 2. Assistance on Opportunities for Youth Program 3. Staff Assistance on Tompkins County Focus 4. Continued Staff Assistance of Homeless Task Force and Related City Homeless Issues Carried Unanimously GIAC /Drop -in Center - Report Alderperson Peterson reported that the GIAC /Drop -in Center report recently came back to the committee. The Dispute Resolution Center had one recommendation and the Budget and Administration Committee had another. The Human Services Committee would like to recommend to the next Human Services Committee and the next Budget and Administration Committee that the focus should be on the contract. There are two or three issues that the GIAC Board has indicated that really need to be resolved before continuing the discussion on the building renovations and discussion of day care. Homelessness - Report Alderperson Peterson reported that at the last meeting of the Human Services Committee there was discussion of the grants that were possibly available. The deadline for those grants was extraordinarily close and we won't be applying for any of them. The Friendship Center is applying for an emergency shelter grant that had to be in by January 5. PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 Termination of Hvdropower Development and Surrender of FERC License / Ithaca Falls Alderperson Hoffman stated he does not remember that at the Planning and Development Committee meeting there was anything put in the resolution about surrendering the license immediately. 3os 23 January 3, 1990 He said that if there is agreement on that then he does not think the Council should even put on paper that we are considering doing that, for strategic or tactical reasons. Alderperson Cummings remarked that the resolution at the committee was to immediately get out of the hydropower business. She said that it was agreed that the committee would bring the resolution to Council and Alderperson Hoffman had requested that it go to the Hydropower Commission for their input. (4000e, Alderperson Hoffman stated that the City has the license for another year and nine months and he thinks, for purely tactical reasons, there is no need to show our entire hand by surrendering the license immediately. Alderperson Cummings argued that the committee did not discuss the modes for ceasing our commitment to hydropower.. The rFd discussion was in terms of stopping the City's commitment to hydropower, not about the specific technical steps that we would (•�� take to cease that commitment. She concurred with Alderperson ..> Hoffman that the committee did not talk about the technicalities ` of license surrender. Resolution By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLVED, That Common Council does hereby terminate pursuit of city construction of a hydropower facility at the Ithaca Falls, and be it further RESOLVED, That the Federal Energy Regulatory Commission license authorizing the city to construct such facility be surrendered immediately. f' Further discussion followed on surrender of the Hydropower license. Alderperson Hoffman stated that he would like the title of the resolution to read: Termination of HVdropower Development Activities at Ithaca Falls. He also requested that the second resolved be deleted from the agenda. Mayor Nichols declared the amendments accepted. The resolution will now read as follows: RESOLVED, That Common Council does hereby terminate pursuit of city construction of a hydropower facility at the Ithaca Falls. Discussion followed regarding a referral motion. Motion to Refer to the Hydropower Commission By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That the matter of termination of hydropower development activities at Ithaca Falls be referred to the Hydropower Commission for recommendation and report back at the February Common Council meeting. Ayes (8) - Hoffman, Daley, Booth, Johnson, Romanowski, Blanchard, Schroeder, Peterson Nay (1) - Cummings Carried * 16.4 State Street Associates L.P. - Donation of Woodland Preserve at Gun Hill Residence By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, Mark Finkelstein has offered to donate to the City of Ithaca certain lands lying to the south and west of the development known as Gun Hill Residences, and 30� 24 January 3, 1990 WHEREAS, there are certain stipulations which would be incorporated into this transfer of ownership; now, therefore, be it RESOLVED, That the City Attorney be directed to prepare all necessary instruments for the execution of this transfer, and be it further RESOLVED, That these instruments shall be referred back to Common Council for their final review and approval, and be it further RESOLVED, That Common Council expresses its sincere gratitude to Mr. Finkelstein for this generous donation of open space to the people of the City of Ithaca. Alderperson Cummings stated that there are stipulations which would be incorporated into the transfer agreement. There are stipulations which the residents surrounding the woodland area asked for which involved not using the land as a formal park so as not to increase the amount of people traffic in the area. Therefore, even though this land is being given to the City it is not for the City to use for just any purpose. It is a) to be preserved as existing woodland open space and b) to have a limit on the public access to that open space. Discussion followed on the floor regarding the stipulations in this agreement. Questions were answered by City Attorney Guttman. Motion to Refer to the City Attorney By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the matter of the donation of a Woodland Preserve at Gun Hill Residence be referred to the City Attorney for a meeting with Mr. Finkelstein's attorney to address the issues of concern and report back to Common Council. Carried Unanimously * 16.5 Planning and Development Work Program -1990 By Alderperson Cummings: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca Administrative Code requires that the Department of Planning and Development submit for approval a work program showing planned activities for each calendar year for approval by Common Council, and WHEREAS, the Department's proposed 1990 Work Program has been reviewed by the Planning and Development Committee; now, therefore, be it RESOLVED, That Common Council does hereby approve the Department of Planning and Development 1990 Work Program. Alderperson Cummings remarked that the Planning and Development Board has not had input into the work plan. She asked that it be referred to the Committee and Board jointly. Motion to Refer to the Planning and Development Board and the Planning and Development Committee By Alderperson Cummings: Seconded by Alderperson Daley RESOLVED, That the Planning and Development Work Program for 1990 be referred to the Planning and Development Board and Committee for joint consideration. Discussion followed on the floor. A vote on the motion to refer resulted as follows: Carried Unanimously Community Development Block Grant Program - Report Alderperson Cummings reported that the deadline for the Community Development Block Grant application is April 1. She thinks there D '747 25 January 3, 1990 will need to be a special Council meeting to be able to meet this deadline. Documentation will be forthcoming to Council members with the complete schedule. * 16.7 Opposition to County Baling Station at Ithaca Industrial Park Site By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, Common Council has previously expressed its reservations regarding the use of the Ithaca Industrial Park as a site for the baling of trash, and WHEREAS, the County Board of Representatives has re- opened the possibility of using the Ithaca Industrial Park site as a trash handling facility; now, therefore, be it RESOLVED, That the City of Ithaca hereby expresses to the County its firm opposition to the use of the Ithaca Industrial Park site as a location for trash handling and objects strenuously to the inclusion of this site on the County's alternative site list. Alderperson Cummings stated that the County, very recently, =- adopted a second alternate site to look at; they refused to go back and look at the Airport site and they refused to consider a new site on East Shore Drive which has been put forward. The only other alternate site in the entire county that they said they would look at was back at the Ithaca Industrial Park. Alderperson Cummings said that the Industrial Park site is the permanent site for the City's community gardens so it would not be that the City would only lose an industrial park site for which we have community development money in and which we have Appalachia Regional Commission funding for, it is also our only remaining empty industrial park in our local job generating program, plus the City would also lose the site for the gardens. Alderperson Cummings stated that it is very important for the City of Ithaca to go on record to say that we do not support that site for a baling station. Discussion followed on the floor. Alderperson Peterson suggested that the word reservations in the first Whereas be changed to conditions. Mayor Nichols concurred as no Council person objected. Alderperson Peterson stated that if there has to be a City site, she has always preferred this site over the Commercial Avenue site. She is concerned about closing the door on this site and forcing the Commercial Avenue site to become a reality. Mayor Nichols, for clarification, stated that as of now the County is not pursuing any other option. They adopted a motion a month ago to spend $4, 000 to look into it but with the adoption of their finding statement, they have now closed the door. Mayor Nichols confirmed that the County has instituted procedures for getting a permit for the Commercial Avenue site. Alderperson Hoffman stated that he thinks it is inappropriate for the Council to take this action at this moment. The fact is that the options are not unlimited. The County is under pressure and believes it is acting for County taxpayers in finding a local solution, rather than having to ship all the trash far away at a tremendous cost to all of us. He said there are some advantages to this site - it is north of the main east -west traffic routes, it is not as close to a potential new neighborhood that people have talked about and it is right across the street from a current recycling center. 30f 26 January 3, 1990 Alderperson Romanowski stated that he very reluctantly was a proponent of this site when it first was proposed, mainly because the baling station going anywhere except north of an imaginary line that he had drawn, was to him utter foolishness and a real waste of energy, of land and of business potential. Since then he has found out about the other particular items that go along with this such as toxic storage, recycling and so forth hat would move over into that area, perhaps on the other side of the road. Alderperson Romanowski stated that distresses him and so even though he likes the idea of a smaller facility, and the idea of splitting up what the responsibilities are going to be for recycling, storage and construction waste, he is, however, afraid that the County then will have designs on some of the city -owned land which the City is talking about for other facilities to be located. Alderperson Blanchard stated that she is going to support this resolution although she thinks the Commercial Avenue site is a 'done deal'. She does not think the County can be prevented from pursuing the Commercial Avenue site at this point. However, she does not think there is any harm in saying "We don't like this site either ". Alderperson Schroeder remarked that of impact on the City, would be Therefore, he stated, he will vote not think the County is even serio he questioned whether there was discussing it further. he thinks this site, in terms worse than the other site. for the resolution. He does usly considering this site so any sense in the Council Alderperson Booth stated that first, as a procedural point, he thinks that before Council says anything else on any other site, it ought to ask some of the other bodies such as the Planning Board and the Conservation Advisory Council for their input. That was what caused a lot of the trouble on Commercial Avenue. The City did not talk to all those people before anything was said. For this reason, he will vote against this resolution tonight. Alderperson Booth further stated that obviously Community Gardens is very important but in the scheme of things that this County is going to be facing in the next decade, to honestly say that a gardening use is more important is wrong. He further stated that what he has heard for months is City representatives simply saying "we don't want this thing in the City of Ithaca." He does not think that is an acceptable position. We generate a vast percentage of the garbage in this County and we have a responsibility to try to deal with it. A vote on the resolution resulted as follows: Ayes (6) - Romanowski, Blanchard, Daley, Cummings, Johnson, Schroeder Nays (3) - Booth, Peterson, Hoffman Carried BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Amendment of Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Delete: 2 Recreation Specialists - 17 hours /week Add 1 Recreation Specialist - (full -time) Carried Unanimously 309 27 January 3, 1990 * 17.2 Amendment of Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Delete: 2 Youth Workers (full -time) - Grade 18 1 Youth Worker (20 hours /week) - Grade 18 Add 1 Volunteer Coordinator (full -time) - Grade 18 1 Youth Development Program Leader (full -time) - Grade 18 1 Administrative Assistant (20 hours /week)- - Grade 18 Carried Unanimously * 17.3 Amendment of Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Personnel Roster of the Youth Bureau be temporarily amended from June 19, 1989 to May 24, 1990 as follows: Delete: 1 Youth Program Coordinator (full -time) �- Add 1 Youth Program Coordinator (17 hours /week) Carried Unanimously * 17.4 CSEA Administrative Contract By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Agreement between the City of Ithaca and the CSEA Administrative Unit for a new three -year contract commencing January 1, 1990 and expiring on December 31, 1992, be approved as recommended by the City's Negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate <` seal. Carried Unanimously * 17.5 1990 Compensation for Confidential Employees By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That for the period January 1, 1990 through December 31, 1992, all employees not covered by a formal labor contract, excluding positions designated as management, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit Contract. Carried Unanimously * 17.6 1990 Compensation for Mana, By Alderperson Booth: Seconded by RESOLVED, That management employ labor contract be granted a 5.5% the year 1990, effective with the be it further jerial Employees Alderperson Peterson ees not covered by a formal increase across the board for first pay period of 1990, and RESOLVED, That Common Council reaffirms its policy of comprehensive performance evaluations for all Department Heads and recommends that the Mayor implement the Department Head Performance Evaluation Procedure fully. Carried Unanimously * 17.7 Appointment of Activities Center Coordinator By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Marcia Fort be provisionally appointed to the position of Activities Center Coordinator at a 1990 annual salary of $26,574, effective January 8, 1990. Carried Unanimously 3/a 28 January 3, 1990 * 17.8 Creation of City Buyer Position By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Personnel Roster of the Finance Department be amended as follows: Delete: Senior Stenographer- Purchasing (Grade 9 - 35 hours /week) Add City Buyer (Grade 17 - 35 hours /week) and be it further RESOLVED, That Etta Gray be provisionally appointed to the position of City Buyer at a 1990 annual salary of $21,332, effective January 1, 1990. Carried Unanimously * 17.9 Assignment of Positions to Management Compensation-Plan By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the following positions be assigned to the 1989 Management Compensation Plan as indicated below: Asst. Superintendent of Public Works $33,340 - $49,352 City Engineer 33,340- 49,352 Dep. Dir. Planning & Development 31,087- 46,017 Carried Unanimously * 17.10 Approval of CSEA Pay Equity Adjustment By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That, as recommended by the Labor - Management Pay Equity Committee, the salaries of the operators, Operator Trainees, Assistant Chief Operators and Laboratory Director at the Water Filtration and Wastewater Treatment Plants be increased as follows: $1200 for employees holding a Class II -A license $2400 for employees holding a Class I -A license and be it further RESOLVED, That said salary increases be retroactive to the date of the original Pay Equity requests, or the date the employee received his /her license, whichever was more recent. Carried Unanimously * 17.11 Approval of Extension for Purchase of Fire Station No. 5 By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the following amendments be made to the purchase agreement of December 8, 1988 with Harvey Ferdschneider and Anne Trovinger for the sale of Fire Station No. 5: A. Paragraph II -A is amended to provide for a Two Thousand Dollar ($2,000.00) deposit; B. Paragraph III of the Purchase Offer is deleted in its entirety; C. Paragraph X is deleted in its entirety and there is substituted therefor the following: "At closing the Seller shall deliver to the Buyer a Warranty Deed for the consideration stated hereinabove, sufficient to convey good marketable title in fee simple, free and clear of all liens and encumbrances except as stated herein. The closing shall take place in Ithaca, New York, on or before January 5, 1990." "As and for liquidated damages for Buyer's failure to close pursuant to the Purchase Offer on or by September 1, 1989, Buyer shall pay to Seller at closing a sum equal to Twenty -Three and No /100 Dollars ($23.00) multiplied by the number of days following September 1, 1989 that the closing actually occurs. In addition, Buyer shall forfeit the $2,000.00 deposit paid pursuant 3/1 29 January 3, 1990 to Paragraph II -A as amended in the event closing does not occur on or by January 5, 1990." D. Harvey Ferdschneider will be taking title to the property in his name alone. and be it further RESOLVED, That the purchase offer as amended by this (4woel resolution is in all other respects ratified and confirmed and the Mayor or other proper City Officer is authorized and directed to execute such documents as may be required in the opinion of counsel to the City to give effect to this resolution. Discussion followed on the floor. City Attorney Guttman stated that assuming that this resolution is passed, the closing is scheduled for January 5, 1990. City Attorney Guttman further stated that it is his understanding t in reviewing the file that there was a fire that previously occurred in the building and there are some minor damages (l'S essentially involving 12 broken panes of glass. Lam--- Atty. Nash had previously agreed with the Buyer's Attorney that it is the City's responsibility for deterioration to the building during the contact. A vote on the resolution resulted as follows: Carried Unanimously * 17.12 Amendment of the 1989 Wastewater Treatment Plant Equipment List By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the 1989 Authorized Equipment List for the Ithaca Area Wastewater Treatment Plant be amended to include a set of hydraulic pullers for equipment maintenance purposes, at a cost not to exceed $1900., within existing funding limits. Carried Unanimously * 17.13 Approval of Personnel Services Contract - Department of Public Works By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Superintendent of Public Works be authorized to enter into an Agreement for Professional Consulting Services, for the purpose of bringing the City into compliance with OSHA Standards, at an amount not to exceed $4,000., and be it further RESOLVED, That the $4,000. required to fund this program shall be paid from 1989 Appropriations encumbered for such purpose. Carried Unanimously * 17.14 Amendment of Equipment List - Police Department By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the 1990 Authorized Equipment List for the Police Department be amended as follows, with no additional funding required: Current Proposed Net 1990 List 1990 List Change A- 3120 -210 - Office Equipment 3 Electronic Typewriters $1,851 $1,851 $ 0 1 Laserjet Computer Printer $1,900 $ 0 $ -1,900 1 Facsimile Transceiver $ 0 $1,500 $ +1,500 1 Video Cassette Recorder $ 0 400 +400 ....ACCOUNT TOTAL ............... $3,751 $3,751 $ 0 A- 3120 -215 - Motor Vehicles 6 Police Cars $88,740 $87,200 $ -1,540 3/a 30 Change Description to: 4 Police Vehicles - Sedans 1 Police Vehicle - Station Wagon 2 Police Vehicles - Motorcycles ....ACCOUNT TOTAL ............. $88,740 A- 3120 -225 - Other Equipment Radio Equipment 16 Hand Guns 16 Holsters /Ammo Holders Closed Circuit TV Equipment Diving Equipment 1 Uninterrupted Telephone Power Supply (Funds Transferred from A- 3120 -215 Account) $ 0 ...ACCOUNT TOTAL ............. 37,183 January 3, 1990 $87,200 $ -1,540 $29,553 $29,553 $ 0 $ 4,000 $ 4,000 $ 0 $ 1,600 $ 1,600 $ 0 $ 1,300 $ 1,300 $ 0 $ 730 $ 730 $ 0 1,540 � +1 540 $38,723 $+1,540 Net Additional Funding Required -$ 0 Carried Unanimously * 17.15 Transfer of 1989 Highway Funds to 1990 Capital Proiect. Department of Public Works By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That Capital Project #228 be and is hereby established, for the purpose of widening a portion of Meadow Street (in front of MaGuire Ford Inc.), and be it further RESOLVED, That $75,000 which has been encumbered by the Department of Public Works in Account 5111 -487, Machine 'Paving, be transferred to said Capital Project #228. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 17.16 Ithaca Neighborhood Housing Services, Inc Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an Agrement with Ithaca Neighborhood Housing Services, Inc., for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $80,000, for providing housing assistance for low to moderate income residents of the City. Carried Unanimously * 17.17 Tompkins County S.P.C.A. Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Tompkins County S.P.C.A. for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $35,000, and be it further RESOLVED, That the Tompkins County S.P.C.A. be, and it is, hereby designated the Animal Control Agency for the City of Ithaca for the year 1990. Carried Unanimously * 17.18 Finger Lakes Association Agreement By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Finger Lakes Association, Inc., for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $1,207, for rendering Promotional Publicity Services. Ayes - Booth, Peterson, Johnson, Romanowski, Schroeder, Cummings Nays - Daley, Blanchard, Hoffman 313 31 January 3, 1990 * 17.19 Tompkins County Area Development Corp. Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Tompkins County Area Development Corp., for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $7,800., to be used toward the costs and expenses of the Authority in encouraging and affecting the location and expansion of industrial research and manufacturing facilities, the creation of new and ,improved job opportunities, the reduction of unemployment and the betterment of individual and community prosperity within the City of Ithaca and the County of Tompkins. Carried Unanimously * 17.20 Ithaca Rape Crisis Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Ithaca Rape Crisis, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $3,100., for providing assistance to City residents in distress. Carried Unanimously 17.21 Literacy Volunteers Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are authorized and directed to execute an agreement with Literacy Volunteers of Tompkins County, Inc., for the period January 1, 1990 through December 31, 1990 in an amount not to exceed $3,675, for the provision of skill development services to City residents. Carried Unanimously * 17.22 Offender and Restoration Services Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Offender Aid and Restoration Services, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $3,300 for providing services to City residents. Carried Unanimously * 17.23 Southside Community Center Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Southside Community Center, for the period January 1, 1990 through December 31, 1990 in an amount not to exceed $6,501., for the providing of services to City residents. Carried Unanimously * 17.24 The Learninq Web Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with The Learning Web, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $6,363., for providing assistance to City residents for CORE Structure and CORE Apprenticeship programs. Carried Unanimously * 17.25 Suicide Prevention and Crisis Service Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Suicide Prevention and Crisis Service, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $4,500., for providing assistance to City residents in distress. Carried Unanimously 3l� 32 January 3, 1990 * 17.26 DeWitt Historical Society Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with DeWitt Historical Society, for the period January 1, 1990 through December 311 1990 at an amount not to exceed $5,000., for providing services to City residents. Carried Unanimously * 17.27 Human Services Coalition Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Human Services Coalition of Tompkins County, for the period of January 1, 1990 to December 31, 1990, at an amount not to exceed $8,870., for the furnishing of Human Services Planning and Coordination. Carried Unanimously * 17.28 Task Force for Battered Women Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Task Force for Battered Women, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $7,374 for providing assistance to City residents in distress. Carried Unanimously * 17.29 Tompkins- Cortland Labor Coalition Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Tompkins- Cortland Labor Coalition, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $15,000 for the provision. of services to the City of Ithaca. Carried Unanimously * 17.30 Neighborhood Legal Services Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Neighborhood Legal Services, for the period of January 1, 1990 through December 311 1990 at an amount not to exceed $3,362 for the provision of services to City residents. Carried Unanimously * 17.31 HOMES - Green Street Project Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with HOMES - Green Street Project, for the period January 1, 1990 through December 31, 1990 for an amount not to exceed $3,801.1 for the provision of services to City residents. Carried Unanimously * 17.32 Aids Work Program By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with AIDS Work, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $4,034, for the provision of the following: AIDS Work - Education $1,498 AIDS Work - Family Support 752 AIDS Works - Client Support 1,784 Carried Unanimously 33 January 3, 1990 * 17.33 Community Dispute Resolution Center Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Community Dispute Resolution Center, for the period of January 1, 1990 through December 31, 1990 at an amount not to exceed $6,180 for assisting city residents in resolving interpersonal disputes. Carried Unanimously * 17.34 Day Care and Child Development Council Agreement (44�1 By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Day Care and Child Development Council of Tompkins County, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $9,800 for providing assistance to City residents for counseling services. Carried Unanimously Od * 17.35 Emergency Community Shelter Program of the Tompkins County Chapter of the American Red Cross Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Emergency Community Shelter Program of the Tompkins County Chapter of the American Red Cross, for the period of January 1, 1990 through December 31, 1990 for an amount not to exceed $4,000 for the provision of food, clothing and temporary shelter in time of emergency for City residents. Carried Unanimously * 17.36 Displaced Homemakers Center of Tompkins County Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Displaced Homemakers Center of Tompkins County, for the period of January 1, 1990 through December 31, 1990 at an amount not to exceed $7,650 for the provision of services to City residents. Carried Unanimously * 17.37 Drop -in Children's Center Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Drop -in Children's Center, for the period of January 1, 1990 through December 31, 1990 at an amount not to exceed $6,000 for the provision of child care services to City residents. Carried Unanimously * 17.38 Amending Youth Bureau Program Budget By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Youth Bureau 1990 Roster be amended by the addition of one full time Youth Worker position for the period of a State Education Department Grant, to expand the Access to College Education Program, and be it further RESOLVED, That the authorized 1990 Equipment List for the Youth Bureau be amended to include 1- fifteen passenger van at a cost we not to exceed $18,000.00, and be it further RESOLVED, That the 1990 Budget be amended by increasing appropriations by $33,467.00., the amount of the State Education Department Grant, and conversely increasing revenues by the same $33,467,00., and be it further RESOLVED, That this Grant can only be accepted and that the related Budget Amendments can only be made, provided that overall impact on the 1990 Budget including fringe benefits is budget neutral. Carried Unanimously R I& 34 January 3, 1990 * 17.39 City of Ithaca 1988 Audit Report By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the 1988 Audit Report prepared by the accounting firm of Ciaschi, Dietershagen, Shaufler, Mickelson C.P.A.'s , be accepted to comply with all of the City's applicable federal single audit and related audit requirements. Carried Unanimously NEW BUSINESS: * 21.1 Budget for Staff Attorney By Alderperson Schroeder: Seconded by Alderperson Booth RESOLVED, That the $32,000 budget -for Staff Attorney for 1990 shall be transferred to contracts with John Kelleher for 20 hours of Staff Attorney services per week ($18,286) and Patricia Kennedy for 15 hours of Staff Attorney services per week ($13,714). Discussion followed on the floor regarding the filling *of the Staff Attorney position with two people instead of one person. Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That there be a further Resolved to read as follows: "RESOLVED, That the City Attorney is directed by Common Council to explore the possibility of eventually hiring a full -time Staff Attorney, and the City Attorney be directed to report to Common Council by June 1, 1990 regarding specific procedures that could be utilized to recruit such a person." Carried Unanimously A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Standing Committees of Common Council and Liaison Appointments Mayor Nichols handed out copies of the appointments that he has made as to the Standing Committees of Common Council and Liaison Appointments. The appointments are as follows: STANDING COMMITTEES: Budget and Administration Booth, Chair Peterson, Vice Chair Cummings Hoffman Romanowski Charter and Ordinance Peterson, Chair Romanowski, Vice Chair Hoffman Johnson Schroeder Intergovernmental Relations Nichols, Chair Booth Hoffman Johnson Peterson Human Services Johnson, Chair Cummings, Vice Chair Blanchard Daley Peterson Planning & Development Hoffman, Chair Booth, Vice Chair Blanchard Daley Schroeder it -35- January 3, 1990 Council Liaison Appointments Board of Public Works Human Services Coalition Energy Commission Recycling Task Force Youth Bureau Advisory Board Circle Greenway Conservation Advisory Board Landmarks Preservation Commission GIAC E.O.C. Commons Advisory Board Fire Appeals Board Board of Police Commissioners Board of Fire Commissioners �i R.S.V.P. 1(; T.C.A.D. Board Planning and Development Board Adi ournment Blanchard Johnson Romanowski Blanchard Peterson Booth Peterson Johnson Booth Hoffman Cummings Cummings Romanowski Hoffman Daley Schroeder Daley Schroeder /,,On a motion the meeting adjourned at 11:50 p.m. i Callista F. Paolangelii' Benjamin Nichols City Clerk Mayor .3/7 KI January 3, 1990 MAYOR'S APPOINTMENTS: Board of Public Works Mayor Nichols requested approval of the Council for the appointment of Richard Berg, 806 North Tioga Street, for a 3 -year term, to expire December 31, 1992. Resolution By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of Richard Berg to the Board of Public Works for a 3 -year term; expiring on December 31, 1992. Carried Unanimously Board of Public Works Mayor Nichols requested approval of the Council for the appointment of Patricia Connor, 422 East Buffalo Street, for a 3- year term, to expire December 31, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the appointment of Patricia Connor to the Board of Public Works for a 3 -year term, expiring on December 31, 1992. Ayes (8) - Booth, Johnson, Cummings, Romanowski, Daley, Peterson, Hoffman, Schroeder Nay (1) - Blanchard Carried Board of Public Works Mayor Nichols requested approval of the Council for the re- appointment of Michael Sprague, 6 Cliff Park Circle for a 2 -year term, to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Daley RESOLVED, That this Council approves the re- appointment of Michael Sprague to the Board of Public Works for a 2 -year term, expiring December 31, 1991. Carried Unanimously Mr. Berg and Ms. Connor took the oath of office and were sworn in by City Clerk Paolangeli. Community Police Board Mayor Nichols requested the approval of Council for the appointment of Kirby Edmonds, 411 Esty Street to the Community Police Board, for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Kirby Edmonds to the Community Police Board for a 3 -year term, expiring December 31, 1992. Carried Unanimously Community Police Board Mayor Nichols requested the approval of Sarah Shenk, 816 South Meadow Street to the Community Police Board, for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the appointment of Sarah Shenk to the Community Police Board for a 3 -year term, expiring December 31, 1992. Carried Unanimously � s .. r A i 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. January 3, 1990 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Johnson, Hoffman, Peterson, Daley, Blanchard, Romanowski, Schroeder OTHERS PRESENT: City Attorney - Guttman City Controller - Cafferillo City Clerk - Paolangeli Building Commissioner - Datz Deputy Director, Planning and Development - Mazzarella Police Chief - McEwen Fire Chief - Olmstead Personnel Administrator - Walker Associate Personnel Administrator - Patz Deputy City Controller - Thayer Acting Superintendent of Public Works - Director of Youth Bureau - Sam Cohen place of) Fabbroni (Alan Green attended in PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the November 1, 1989 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the November 1, 1989 Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the December 6, 1989 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the December 6, 1989 Common Council meeting be approved as published with the following correction: Page 15 - Final Resolved of agenda item 16.2 "Designation of Hogs' Hole" resolution should read subdivision 1 of the Environmental Law, etc... Carried Unanimously ADDITIONS TO THE AGENDA: Fourth Ward Alderperson Vacancy Mayor Nichols explained that this matter will be brought back to the Council at this meeting under Old Business. Planning and Development Committee Alderperson Hoffman requested that there be a discussion of Item 16.1, State Street Associates, L.P. - Donation of Woodland Preserve at Gun Hill Residence before the vote. He believes there are some discrepancies in the resolution as to what was passed in committee. No Council person objected. Budget and Administration Committee Alderperson Booth requested the addition of Item 17,40, which is a brief report from the City Controller. No Council member objected. 2 8 (a 4 January 3, 1990 Resolution By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of George Hagood to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of Chris M. Abbuhl, 112 West Marshall Street to the Affirmative Action Committee for a 1 -year term to expire December 31, 1990. Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the appointment of Chris M. Abbuhl to the Affirmative Action Committee, with a 1 -year term, expiring December 31, 1990. Carried Unanimously Mr. Abbuhl took the oath of office and was sworn in by City Clerk Paolangeli. Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of Brenda Kuhn, 330 Elm Street to the Affirmative Action Committee for a 1 -year term to expire December 31,1990. Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Brenda Kuhn to the Affirmative Action Committee, with a 1 -year term, expiring December 31, 1990. Carried Unanimously Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of James Miller, Building Systems Supervisor, City of Ithaca Department of Public Works, 245 Pier Road to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of James Miller to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Affirmative Action Committee Mayor Nichols requested approval of Council for the re- appointment of Joan Russell, Police Officer, Ithaca Police Department, 120 East Clinton Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the re- appointment of Joan Russell to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Ij Affirmative Action Committee Mayor Nichols requested the approval of Council for the re- appointment of John "Beau" Saul, Police Officer, Ithaca Police Department, 120 East Clinton Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. 3 January 3, 1990 Board of Zoning Appeals Mayor Nichols requested approval of Council for the re- appointment of Janis Cochran, 416 South Aurora Street to the Board of Zoning Appeals for a 2 -year term to expire December 31, 1991. Carried Unanimously Board of Zoning Appeals Mayor Nichols requested approval of Council for the appointment of David Holmberg, 408 East Seneca Street to the Board of Zoning Appeals for a 3 -year term to expire December 31, 1992. Alderperson Peterson stated that the lack of representative from the Fifth Ward has been discussed at the BZA meetings. She asked that this appointment be tabled until such time that this can be discussed further. Tabling Resolution By Alderperson Daley: Seconded by Alderperson Peterson RESOLVED, That the appointment of David Holmberg to the Board of Zoning Appeals be tabled. Ayes (8) - Peterson, Daley, Hoffman, Cummings, Blanchard, Johnson, Schroeder, Romanowski Nay (1) - Booth Carried Board of Zoning Appeals Mayor Nichols requested approval of the Council for the re- appointment of Herman Sieverding, 114 Monroe Street to the Board of Zoning Appeals, with a 3 -year term to expire December 31, 1992. Resolution By Alderperson Blanchard: Seconded RESOLVED, That this Council approves Sieverding to the Board of Zoning expiring December 31, 1992. Examinina Board of Electricians by Alderperson Romanowski the re- appointment of Herman Appeals for a 3 -year term, Carried Unanimously Mayor Nichols requested approval of the Council for the appointment of Jack E. Brooks, 800 North Aurora Street to the Examining Board of Electricians for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Jack E. Brooks to the Examining Board of Electricians, with a 3 -year term, expiring December 31, 1992. Ayes (7) - Booth, Johnson, Romanowski, Daley, Blanchard, Hoffman, Schroeder Nays (2) - Peterson, Cummings Carried Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of George Hagood, 501 West Green Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That this Council approves the re- appointment of Janis Cochran to the Board of Zoning Appeals for a'2 -year term, awe expiring December 31, 1991. Carried Unanimously Board of Zoning Appeals Mayor Nichols requested approval of Council for the appointment of David Holmberg, 408 East Seneca Street to the Board of Zoning Appeals for a 3 -year term to expire December 31, 1992. Alderperson Peterson stated that the lack of representative from the Fifth Ward has been discussed at the BZA meetings. She asked that this appointment be tabled until such time that this can be discussed further. Tabling Resolution By Alderperson Daley: Seconded by Alderperson Peterson RESOLVED, That the appointment of David Holmberg to the Board of Zoning Appeals be tabled. Ayes (8) - Peterson, Daley, Hoffman, Cummings, Blanchard, Johnson, Schroeder, Romanowski Nay (1) - Booth Carried Board of Zoning Appeals Mayor Nichols requested approval of the Council for the re- appointment of Herman Sieverding, 114 Monroe Street to the Board of Zoning Appeals, with a 3 -year term to expire December 31, 1992. Resolution By Alderperson Blanchard: Seconded RESOLVED, That this Council approves Sieverding to the Board of Zoning expiring December 31, 1992. Examinina Board of Electricians by Alderperson Romanowski the re- appointment of Herman Appeals for a 3 -year term, Carried Unanimously Mayor Nichols requested approval of the Council for the appointment of Jack E. Brooks, 800 North Aurora Street to the Examining Board of Electricians for a 3 -year term to expire December 31, 1992. Resolution By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointment of Jack E. Brooks to the Examining Board of Electricians, with a 3 -year term, expiring December 31, 1992. Ayes (7) - Booth, Johnson, Romanowski, Daley, Blanchard, Hoffman, Schroeder Nays (2) - Peterson, Cummings Carried Affirmative Action Committee Mayor Nichols requested approval of Council for the appointment of George Hagood, 501 West Green Street to the Affirmative Action Committee for a 3 -year term to expire December 31, 1992. Ir• l . � 1 G January 3, 1990 Mr. Broberg, Ms. Hotchkiss and Mr. Waldron took the oath of office and were sworn in by City Clerk Paolangeli. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Fourth Ward Alderperson Vacancy on Council The following persons spoke in favor of Neil Golder to fill the 4th Ward vacancy on Common Council: Therese Goddard Carl Feuer Mary Jo Dudley Lori Peters Bea MacLeod Theresa Alt Francis Adams Judith Van Allen Jeanne Fadula Guy Gerard Patricia Connor Wayles Browne 319 310 312 412 957 206 102 713 615 140 422 206 Eddy Street First Street First Street East Yates Street East State Street Eddy Street Highland Place North Cayuga Street North Aurora Street College Avenue East Buffalo Street Eddy Street Citizens to Save Our Parks Doria Higgins, representing Citizens to Save Our Parks, stated that her group would like to suggest a change in the wording of Agenda Item 16.2, Interim Parks Task Force. She stated that this resolution as it now stands was voted approval by Common Council in April of 1988. At that time, as now, it was a corruption of an earlier resolution which Common Council had voted on in February of 1988. This wording represents a very real change of the February 1988 resolution passed by the Council which said that certain goals only should be adopted and that the guidelines in the Trowbridge manual should serve as a resource for implementation of those goals. The resolution tonight, as it now stands, essentially implies that the activities and proposals described in the Trowbridge manual should be implemented and this was not the intent of the February 1988 resolution which was passed by Council and endorsed by the SPAG sub - committee, which had very carefully studied this issue. The Citizens to Save Our Parks group would like the Council to consider changing the wording in the second resolved under #1 as follows: Delete the words "in planning for future activities" and read instead "to evaluate the appropriateness of implementing other proposals described in goals and guidelines." Establishment of Negotiating Committee for Sale /Lease of City - Owned Land to Sciencenter and Senior Citizens' Center Bruce Thompson, 371 Snyder Hill Road, member of the Board of Directors of the Sciencenter, thanked the members of the Planning and Development Committee and the Northside Lands Committee for considering their request for this land in a timely manner and bringing this resolution before Council. Mr. Thompson wished to point out that the Sciencenter's use of the site is compatible with any proposed use that he has heard of for the adjacent lands, be it commercial, housing or park land. He said that they proposed to build a distinctive building which he feels will be both attractive and provide a buffer for the traffic on Route 13 and thus will be a catalyst toward further development of the area. He urged the Council to pass the resolution on tonight's agenda. Northside Land Use Mr. Richard Hoare, 216 Lake Avenue, representing the Northside Civic Association, stated to Council that for years the Northside Cascadilla Creek Association has been asking the City for a fair distribution of park land. The City built dense housing in this area, now the Northside / Cascadilla neighborhood want a park where 0 5 January 3, 1990 Resolution By Alderperson Schroeder: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the re- appointment of John "Beau" Saul to the Affirmative Action Committee, with a 3 -year term, expiring December 31, 1992. Carried Unanimously Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of Eric Broberg, 423 East Lincoln Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That this Council approves the re- appointment of Eric Broberg to the Conservation Advisory Council, with a 2 -yearr term, expiring December 31, 1991. Carried Unanimously Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of Cathy Emilian, 218 South Albany Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Daley: Seconded by Alderperson Peterson RESOLVED, That this Council approves the re- appointment of Cathy Emilian to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. Resolution By Alderperson Romanowski: Seconded by Alderpe RESOLVED, That this Council approves the Barbara Hotchkiss to the Conservation Advisory year term, expiring December 31, 1991. Carried Unanimously rson Hoffman re- appointment of Council for a 2- Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of Jill Tripp, 216 Dey Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Peterson: Seconded by Alderperson Daley RESOLVED, That this Council approves the re- appointment of Jill Tripp to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. (two," Carried Unanimously Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of J. Keith Waldron, 896 Cayuga Heights Road to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the re- appointment of J. Keith Waldron to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. Carried Unanimously Carried Unanimously (4mv., Conservation Advisory Council Mayor Nichols requested approved of Council for the re- appointment of Barbara Hotchkiss, 515 Chestnut Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Romanowski: Seconded by Alderpe RESOLVED, That this Council approves the Barbara Hotchkiss to the Conservation Advisory year term, expiring December 31, 1991. Carried Unanimously rson Hoffman re- appointment of Council for a 2- Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of Jill Tripp, 216 Dey Street to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Peterson: Seconded by Alderperson Daley RESOLVED, That this Council approves the re- appointment of Jill Tripp to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. (two," Carried Unanimously Conservation Advisory Council Mayor Nichols requested approval of Council for the re- appointment of J. Keith Waldron, 896 Cayuga Heights Road to the Conservation Advisory Council for a 2 -year term to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Peterson RESOLVED, That this Council approves the re- appointment of J. Keith Waldron to the Conservation Advisory Council for a 2 -year term, expiring December 31, 1991. Carried Unanimously W_ 8 January 3, 1990 Alderperson Booth spoke for the record as follows: "I believe strongly that what the City needs is to fill this seat. I have supported Mr. Killeen on all three of the previous ballots. I believe that Mr. Killeen's experience would be very useful to Common Council in the future. As I have said before, those votes were not a vote against Mr. Golder. Both of these candidates are decent people, they are capable people and they could well serve this years term on Common Council. While I have voted for Mr. Killeen I am willing to vote for Mr. Golder in order to compromise and to fill the seat, which I think we should do. In listening over the last two days I do not see any movement among the other eight Council members. I see a lot of stubbornness and I think we are going to go down the route of not serving the City well by having a period of time in which we are going to have the potential of a number of 5 to 4 votes which cannot then be resolved and have a majority decision by the City Council. I do not think that is in the interest of the people of the City. I still support Mr. Killeen as a candidate and if there were another person to support him, I would gladly vote to put him on Council. On this ballot, to demonstrate that I am willing to compromise, I am going to vote for Mr. Golder. I am not doing it because voting Sean Killeen into office would be outrageous or a violation of ethics or a violation of the democratic process. This has been an open discussion. This is going to be an open vote, this isn't a behind the scenes, back room kind of decision. I think the Council does need to compromise. My personal preference would be Sean Killeen. However, I am willing to vote for Mr. Golder and will demonstrate that in this vote." The voting was as follows: In support of Neil Golder: Johnson, Booth, Schroeder, Hoffman, Peterson In support of Sean Killeen: Blanchard, Romanowski, Daley, Cummings Mayor Nichols stated neither candidate having received a sufficient majority the motion to fill the vacancy fails. _Resolution for Special Election By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, a vacancy exists for the position of Alderperson to represent the citizens of the 4th ward of the City of Ithaca because of the resignation of Alderperson Benjamin Nichols who was elected as Mayor of the City of Ithaca, and WHEREAS, a majority of the members of the Common Council, after numerous votes at two successive meetings has been unable to agree on an individual to appoint to that seat; now, therefore, be it RESOLVED, That the Mayor is directed to send a letter to the Governor requesting that the Governor proclaim a Special Election, pursuant to Section 42 of the Public Officers Law, so that the voters of the 4th ward of the City of Ithaca may select an Alderperson to serve out the remaining term. Carried Unanimously 7 January 3, 1990 children can gather and play. The neighbors must be negotiating partners with the City to form a viable, effective negotiating team. REPORT OF CITY ATTORNEY: (J.! Special Election t!? City Attorney Guttman stated that he has spoken with the Attorney General's office in Albany regarding this matter and has been assured that there is a proper procedure for filling the vacancy if the Council is deadlocked. It is up to the Governor to decide lil whether to issue such a special proclamation - it is his right, not his obligation to do so. Atty. Guttman stated that if such a proclamation is issued, an election would be held within thirty to forty days after the special proclamation. City Attorney Guttman explained that in regard to the cost of a special election, the County Board of Elections would pay the cost and then bill the City. Atty. Guttman further explained that in terms of the length of time the person elected at that special election would serve, it would be for remainder of the term, which is through 1991. Baling Station Alderperson Hoffman stated that Council has appropriated money for the effort of questioning the County's right to build a Baling Station on Commercial Avenue. He asked City Attorney Guttman if there has been any activity on that. City Attorney Guttman stated that he knows Council hired a special consultant on that matter. He has been unable to contact the consultant but he understands that the matter is under review at this time. RESOLUTION FOR FOURTH WARD VACANCY: Nominations Mayor Nichols entertained nominations for the filling of the seat for the fourth ward alderperson. Mayor Nichols advised Council that the City Attorney has ruled that a second is not required for the nominations. Alderperson Schroeder nominated Neil Golder. Alderperson Blanchard nominated Sean Killeen. Mayor Nichols declared that the nominations are closed and discussion is in order before the vote. Alderpersons Cummings and Romanowski spoke on behalf of Sean Killeen. Alderpersons Schroeder, Hoffman and Johnson spoke on behalf of Neil Golder. Senior Citizens' Council Valorie Rockney, 304 Linn Street, thanked the Planning and Development Committee and the Northside Land Use Committee and thanked the Council for and moral support for their encouragement, the proposed new site their good advice, of the Senior Citizens' Council. Fourth Ward Alderperson Vacancy Anna Steinkraus, member of the Ithaca Farmers' Market spoke in favor of Sean Killeen for the position of Alderperson to the Fourth Ward. REPORT OF CITY ATTORNEY: (J.! Special Election t!? City Attorney Guttman stated that he has spoken with the Attorney General's office in Albany regarding this matter and has been assured that there is a proper procedure for filling the vacancy if the Council is deadlocked. It is up to the Governor to decide lil whether to issue such a special proclamation - it is his right, not his obligation to do so. Atty. Guttman stated that if such a proclamation is issued, an election would be held within thirty to forty days after the special proclamation. City Attorney Guttman explained that in regard to the cost of a special election, the County Board of Elections would pay the cost and then bill the City. Atty. Guttman further explained that in terms of the length of time the person elected at that special election would serve, it would be for remainder of the term, which is through 1991. Baling Station Alderperson Hoffman stated that Council has appropriated money for the effort of questioning the County's right to build a Baling Station on Commercial Avenue. He asked City Attorney Guttman if there has been any activity on that. City Attorney Guttman stated that he knows Council hired a special consultant on that matter. He has been unable to contact the consultant but he understands that the matter is under review at this time. RESOLUTION FOR FOURTH WARD VACANCY: Nominations Mayor Nichols entertained nominations for the filling of the seat for the fourth ward alderperson. Mayor Nichols advised Council that the City Attorney has ruled that a second is not required for the nominations. Alderperson Schroeder nominated Neil Golder. Alderperson Blanchard nominated Sean Killeen. Mayor Nichols declared that the nominations are closed and discussion is in order before the vote. Alderpersons Cummings and Romanowski spoke on behalf of Sean Killeen. Alderpersons Schroeder, Hoffman and Johnson spoke on behalf of Neil Golder. 10 January 3, 1990 get anything going. Therefore, they requested of the Department of Public Works a phased in process and the costs for those phasings. This particular area that is being talked about is the area that is bounded by First and Franklin Streets and is not being used by the Department. He said there may be some slight storage in one of the buildings but it essentially is a fairly expense free move to start with what the committee is calling Phase 1. Alderperson Daley further stated that since the Senior Center, the Sciencenter and the neighborhood that is involved all feel that they would like to proceed with their particular projects as quickly as possible and whereas the committee has felt that all three of those would be appropriate uses for part of the site, they have decided that they would try to accommodate the three of them in Phase 1. However, as has been pointed out, we may have nothing to negotiate if either the Senior Center or the Sciencenter is not financially able to come to an agreement with the City. That is the reason for the resolution that is before the Council - to find out whether there is sense in continuing the discussions with either or both of those groups as part of the overall design of that area. Alderperson. Booth stated that it is his opinion that this resolution is far too premature and he explained his reasoning. He urged Council not to adopt it tonight. Alderperson Booth stated that he was told today that the matter has not been approved by the Board of Public Works. He asked Board of Public Works Commissioner Reeves to address the Council regarding the issue. Commissioner Reeves stated that the matter of the value of the land on the Northside has not gone before the Board of Public Works. Alderperson Cummings remarked that the Board has, however, endorsed the concept of consolidation. Commissioner Reeves concurred. Commissioner Reeves stated that the discussion that took place at the last Northside Land Use Committee meeting has not been discussed at the Board level so the proposals (phases) that were made at that meeting have not yet had approval by the Board. Acting Supt. Fabbroni spoke to the Council and stated that he feels that there needs to be more internal discussion before this project can go forward. Further discussion followed on the floor. Alderperson Daley stated that he would like the last Whereas to read as follows: WHEREAS, it thus appears that the Sciencenter and the Senior Citizens' Center and neighborhood desires for a ap rk could all be accommodated on the site...... etc." Since there was no objection to the amendment it was added. Alderperson Peterson stated that she would like the title of the resolution (16.3) to read "Establishment of Disposition Committee for Possible Sale /Lease of City -owned Land to Sciencenter and Senior Citizens' Council. There was no objection to that change and Mayor Nichols stated the title is therefore changed. Alderperson Peterson suggested the following amendment in the first Resolved: "that the Mayor is hereby authorized and directed to appoint a disposition committee to work with the Sciencenter and Senior Citizens' Council to examine, research and make K_ 9 January 3, 1990 PLANNING AND DEVELOPMENT COMMITTEE: * 16.3 Northside City Lands Committee - Establishment &f Neaotiatina Committee for Sale /Lease of City -owned Land to Sciencenter and Senior Citizens, Center By Alderperson Cummings: Seconded by Alderperson Daley WHEREAS, the Common Council has previously established a committee to investigate possible reuse of city -owned lands, and WHEREAS, it thus appears that both the Sciencenter and the Senior Citizens Center could be accommodated on the site surrounded by Route 13, Lake Street, Franklin Street, and First Street at relatively little expense to the city; now, therefore, be it r' RESOLVED, That the Mayor is hereby authorized and directed to appoint a disposition committee to work with the Sciencenter and Senior Citizens Center on possible disposition of these lands either through lease or sale to the above mentioned bodies, and, be it further RESOLVED, That this Committee shall consist of two members of Common Council, one member of the Board of Public Works, one member of the Planning and Development Board, and shall be given staff services by the Director of Planning and Development, the Superintendent of Public Works, and the City Controller, and be it further RESOLVED, That the Budget and Administration Committee be requested to study the cost of removal of Department of Public Works functions from the remainder of the site under consideration. More specifically, functions which either are now or will be located on the block surrounded by Third Street, Adams Street, First Street, and Route 13. Alderperson Cummings, for clarification, stated that this resolution is to establish an ad -hoc committee which would begin talking with interested parties who have expressed their desire to locate their community facilities in that area and to discuss the financial package which could be put together. She said there is already in place an ad -hoc committee which the neighborhood participates in, working on issues of siting, compatible uses, developing a long range use for that area. Alderperson Cummings stated this is critical and she urged Council to pass this resolution and establish this committee right away. Discussion followed on the floor regarding the entire Northside site. Alderperson Cummings stated that there is still an on -going study of the entire area and that has been broken down into phases. This is a phase 1 area. It is an area which will cost the City nothing in terms of re- location costs for the Department of Public Works. Alderperson Daley stated that the costs of developing the entire site, and moving the entire Department of Public Works operations as has been proposed is in the neighborhood of $2 -$3 million. He said the committee felt that might be an insurmountable amount to WHEREAS, this Committee has taken as its first task the matter of future land use and disposition of lands in the vicinity of the former sewage treatment plant located near Franklin Street, and WHEREAS, the city has retained a consultant to advise the Committee in that investigation, and WHEREAS, the consultant has made certain reports to the Committee regarding future land use and disposition of these city -owned lands, and WHEREAS, it thus appears that both the Sciencenter and the Senior Citizens Center could be accommodated on the site surrounded by Route 13, Lake Street, Franklin Street, and First Street at relatively little expense to the city; now, therefore, be it r' RESOLVED, That the Mayor is hereby authorized and directed to appoint a disposition committee to work with the Sciencenter and Senior Citizens Center on possible disposition of these lands either through lease or sale to the above mentioned bodies, and, be it further RESOLVED, That this Committee shall consist of two members of Common Council, one member of the Board of Public Works, one member of the Planning and Development Board, and shall be given staff services by the Director of Planning and Development, the Superintendent of Public Works, and the City Controller, and be it further RESOLVED, That the Budget and Administration Committee be requested to study the cost of removal of Department of Public Works functions from the remainder of the site under consideration. More specifically, functions which either are now or will be located on the block surrounded by Third Street, Adams Street, First Street, and Route 13. Alderperson Cummings, for clarification, stated that this resolution is to establish an ad -hoc committee which would begin talking with interested parties who have expressed their desire to locate their community facilities in that area and to discuss the financial package which could be put together. She said there is already in place an ad -hoc committee which the neighborhood participates in, working on issues of siting, compatible uses, developing a long range use for that area. Alderperson Cummings stated this is critical and she urged Council to pass this resolution and establish this committee right away. Discussion followed on the floor regarding the entire Northside site. Alderperson Cummings stated that there is still an on -going study of the entire area and that has been broken down into phases. This is a phase 1 area. It is an area which will cost the City nothing in terms of re- location costs for the Department of Public Works. Alderperson Daley stated that the costs of developing the entire site, and moving the entire Department of Public Works operations as has been proposed is in the neighborhood of $2 -$3 million. He said the committee felt that might be an insurmountable amount to 12 January 3, 1990 2) To make recommendations to the Board of Public Works and the Planning and Development Committee of Common Council by October 1, 1990 on a permanent Parks Commission for the City of Ithaca- - the recommendations to include membership, terms of office, relationship to existing Boards and departments, powers, tasks, appointment procedures, and any other areas as they see fit. Discussion followed on the floor. Alderperson Hoffman suggested that in the second resolved, Item #1 read as follows: 1) "To advise the Department of Public Works_ a) in carrying out items specified on pages 17 and 18 of the Stewart Park Preservation Goals and Guidelines, b in evaluating the appropriateness of implementing other proposals described in the Stewart Park Preservation Goals and Guidelines as such proposals conform to the goals for Stewart Park adopted by Common Council on February 3, 1988, and c) in considering any other appropriate areas related to the function of City parks. Alderperson Cummings suggested that in the second resolved, Item #2 read as follows: 2) To make recommendations to the Board of Public Works and the Planning and Development Committee of Common Council by October 1, 1990 on a permanent Parks Commission for the City of Ithaca -- the recommendations to include parks and other green spaces for which they shall assume responsibility, membership, terms of office, relationship to existing Boards and departments, ...etc. Further discussion followed on the floor. Since there was no objection to the change in the language, Mayor Nichols declared the new language acceptable. A vote on the resolution as amended resulted as follows: Carried Unanimously Mayor Nichols stated that he will be nominating the membership of this committee within the month and the committee should begin functioning by early February. Recess Common Council recessed at 9:07 p.m. and reconvened in Regular session at 9:20 p.m. Disposition Committee for the Northside Land Mayor Nichols stated that there are two Council members who have agreed to serve on the Disposition Committee for the Northside project. They are Alderpersons Hoffman and Daley. He stated he will be naming someone from the Board of Public Works and the Planning Board so that discussions can begin as soon as possible. CHARTER AND ORDINANCE COMMITTEE: _* 14.1 Amendment to Section 26.33 of the Municipal Code Entitled 'Assessment and lien' By Alderperson Booth: Seconded by Alderperson Peterson ORDINANCE NO. 90 -► AN ORDINANCE AMENDING SECTION 26.33 ENTITLED 'ASSESSMENT AND LIEN' OF CHAPTER 26 ENTITLED 'BUILDING CODE ENFORCEMENT' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, that an ordinance amending Section 26.33, entitled 'Assessment and lien' of Chapter 26 entitled 'Building Code Enforcement' be amended to read as follows: I rn 11 January 3, 1990 recommendation to Council on the possible disposition of these lands either through lease or sale to the above mentioned bodies, including allowance for space for a neighborhood park, and be it further ", etc... There was no objection to that amendment and Mayor Nichols declared the motion amended to include that change. Alderperson Booth stated that, in his opinion, by Council voting for this resolution, we are sending a signal that Council is accepting the idea of transferring this property or leasing it over a long term basis. He thinks that is grossly premature. He stated we do not have any idea of what this property is really worth to the City. We have no idea as to what the implications are to the Department of Public Works and how this would be staged over a period of time. He therefore urged Council to table this resolution. '6 Motion to Refer to Committee of the Whole By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the matter of the establishment of a Disposition Committee for the possible sale /lease of City -owned land to Sciencenter and Senior Citizens' Council be referred to the Council's Committee of the Whole. Discussion followed on the floor. A vote on the referral motion resulted as follows: Aye (1) - Booth Nays (8) - Romanowski, Cummings, Johnson, Blanchard, Daley, Schroeder, Peterson, Hoffman (6ww, Motion Fails Main Motion As Amended A vote on the Main Motion as amended resulted as follows: Ayes (8) - Romanowski, Cummings, Johnson, Blanchard, Daley, Peterson, Hoffman, Schroeder Nay (1) - Booth Carried * 16.2 Interim Parks Task Force By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, the Stewart Park 1987 Preservation Goals and Guidelines calls for the establishment of a city -wide Parks Commission, and WHEREAS, the Board of Public Works and Department of Public Works have made recommendations regarding the establishment of a Parks 1) To advise the Department of Public Works in carrying out items specified on pages 17 and 18 of the Stewart Park Preservation Goals and Guidelines, in planning for future activities as described in the Goals and Guidelines, and in any other appropriate areas related to the development of city parks. Commission; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to appoint an Interim Parks Commission for a term to expire on January 1, 1991, which is to be composed of ten (10) members of whom at least six (6) shall reside in the City of Ithaca. At least four (4) shall be experts in such areas as landscape architecture, limnology, horticulture, historic preservation, Qw, hydrological engineering, ornithology, and ecology; four (4) shall be at -large representatives; and one (1) shall be a Department of Public Works staff member; and one (1) shall be a member of the Board of Public Works, and be it further RESOLVED, That the Interim Parks Commission shall be charged with the following: 1) To advise the Department of Public Works in carrying out items specified on pages 17 and 18 of the Stewart Park Preservation Goals and Guidelines, in planning for future activities as described in the Goals and Guidelines, and in any other appropriate areas related to the development of city parks. 299; 14 January 3, 1990 B. One - family detached dwelling, zero -lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on or near the side property line of the parcel on which it is built. I I RL- -J Ill. II. B One family detached dwelling, zero lot line. C. One - family semi - detached dwelling - A building containing not more than two one - family dwellings, each of which shares a party wall or other common structural elements with the other dwelling unit in the building and which has direct exterior access from the ground floor. Ci U - - -- -1 �_I ❑i ❑ ❑ - - 07 - -_ - � Ill II C One- family semi - detached dwelling. D. One - family attached dwelling - A building containing three or more one - family dwellings, each of which shares one or more party walls or structural elements with the other one - family dwellings in the building and which has direct exterior access from the ground floor. A maximum of four'(4) one - family dwelling units may be attached to form a single building. r r� \ _.._.._.., \ b 0 \ ❑ ❑ I11 II D One - family attached dwelling. 2. That a new definition for "Occupant" be added to Section 30.3 as follows: 104. "Occupant" (in R -2c zones only) A. "Occupant" (in R -2c zones only) shall mean a person that is permitted to occupy a dwelling unit or building in an R -2c zone. The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitable space in the dwelling unit or building and on the basis of lot size. The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows: (40 P 1 .. "-k L 13 January 3, 1990 SECTION 1. AMENDING SECTION 26.33, ASSESSMENT AND LIEN Section 26.33 Assessment and lien Upon receipt of the verified statement, the City Chamberlain shall enter the same in his or her records as a lien against the premises and shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner, by the same proceedings, at the same time, under the same penalties, as the general City tax and as a part thereof. Except that in addition to the penalties heretofore stated, interest shall accrue from the date of filing to the date of actual payment at twelve (12 %) percent per annum. 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 * 14.2 R -2c Zoning Amendment - Lift from Table By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the R -2c Zoning Amendment be lifted from the table for consideration by this Council. Carried Unanimously ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.3, 30.21, 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 that an ordinance amending Sections 30.3, 30.21, 30.25 and 30.26 of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code be adopted, as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one - family ", Section 30.3(24), shall be amended as follows: "Dwelling, one - family" shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy by an individual or a family and not more than two (2) unrelated individuals is permitted. A one - family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family detached dwelling - A building containing not more than one dwelling unit. f =Vull _ _ 1 �j Ill. II.A. One - family detached dwelling. X19 8 Wr 16 January 3, 1990 E. Under Column 2, Permitted Primary Uses, for the R -U district, delete "One- or two - family dwelling" and add "One- family detached, semi - detached or attached dwelling or two - family dwelling." F. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add 1'3. R -2c only: Private garage for not more than six (6) cars per building." G. Under Column 6, Minimum Lot Size, Area in Square Feet, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One- family detached dwelling." 2. For the R -lb zone, delete "One- family dwelling" and add "One- family detached dwelling." 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two- family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add "2. One - family attached dwelling, new const.: 6,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 7. For the R -3a zone, renumber existing item 112." to "3.". 8. For the R -3a zone, add "4. One- family attached dwelling, conversion: 7,000 for first 1 - 3 units + 750 for each add'1 unit plus 500 per room let for profit." 9. For the R -3a zone, renumber existing items " 4 . " and " 5 . " to 115.11f " 6 . " and "7.". 10. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling." 11. For the R -3b zone, add "2. One - family attached dwelling, new const.: 3,500 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 12. For the R -3b zone, renumber existing item 112." to 113.11. 13. For the R -3b zone, add "4. One - family attached dwelling, conversion: 4,000 for first 1 - 3 units + 500 for each add'1 unit plus 300 per room let for profit." 14. For the R -3b zone, renumber existing items 113.11, 114." and "5." to 115.11, 116." and " 7.11. 15. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 15 January 3, 1990 1. In R -2c dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of lot size and on the basis of the floor areas of habitable space, other than kitchens, as shown in the following table: C. Notwithstanding anything herein to the contrary, once an R -2c dwelling unit is constructed and legally occupied, the term "occupant" shall not include additional family members or members of a functional family unit that are added to a household. SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That the list of zoning districts in Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential" and before the words 11R -3a Residential ": R -2c Residential SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS. 1. That Section 30.25, District Regulations, be amended by altering the District Regulations Chart as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, delete "One- family dwelling" and add "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, delete "One- family dwelling" and add "One - family detached or semi- detached dwelling ". (40w, C. Under Column 2, Permitted Primary Uses, for the R -2 district, add the following: 118. R -2c only: One - family detached dwelling; zero -lot line." 119. R -2c only: One - family attached dwelling." D. Under Column 2, Permitted Primary Uses, for the R -3 districts, delete "One- or two - family dwelling" and add "One - family detached, semi - detached or attached dwelling or two - family dwelling." Number of Persons 1 2 3 4 or more a. Sleeping room, 80 120 180 240 plus 60 minimum sq. ft. for each addtl. person b. Dwelling unit (other 150 250 350 450 plus 100 than kitchen), minimum for each addtl. sq. ft. person 2. In any other lodging units permitted in R -2c zones, the maximum number of occupants shall be limited to the number determined on the same basis as for dwelling units. a., B. Nothing herein shall be construed to limit the maximum E R size of any room in a dwelling unit. Bedrooms that exceed the minimum square footage in the above chart may not sleep more persons unless the appropriate lot size requirements are met. C. Notwithstanding anything herein to the contrary, once an R -2c dwelling unit is constructed and legally occupied, the term "occupant" shall not include additional family members or members of a functional family unit that are added to a household. SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That the list of zoning districts in Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential" and before the words 11R -3a Residential ": R -2c Residential SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS. 1. That Section 30.25, District Regulations, be amended by altering the District Regulations Chart as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, delete "One- family dwelling" and add "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, delete "One- family dwelling" and add "One - family detached or semi- detached dwelling ". (40w, C. Under Column 2, Permitted Primary Uses, for the R -2 district, add the following: 118. R -2c only: One - family detached dwelling; zero -lot line." 119. R -2c only: One - family attached dwelling." D. Under Column 2, Permitted Primary Uses, for the R -3 districts, delete "One- or two - family dwelling" and add "One - family detached, semi - detached or attached dwelling or two - family dwelling." Ba 14. For the R -13 zone, renumber existing items 113.11, "4." and 115." to 114.111 115." and "6". J. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, add under a new subdistrict heading "R -2c" as follows: ".1. One - family detached dwelling: 40. 2. One - family detached dwelling, zero -lot line: 40. 3. One - family semi - detached dwelling: 50. 4. One - family attached dwelling: 50. 5. Two- family dwelling: 50. 6. Other Uses: 40." K. Under Column 8, Maximum* Building Height, Number of Stories, add under a new subdistrict heading "R -2c": 11311. L. Under Column 9, Maximum Building Height, Height in Feet, add under a new subdistrict heading "R -2c": "35 ". M. Under Column 10, Maximum Percent Lot Coverage By Buildings, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 35. 2. one - family detached dwelling, zero -lot line: 35. 3. One - family semi - detached dwelling: 40. 4. One - family attached dwelling: 50. 5. Two - family dwelling: 40. 6. Other Uses: 35." N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under a new subdistrict heading "R -2c": "10". 0. Under Column 12, Yard Dimensions, Side, One Side at Least, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 10. 2. One - family detached dwelling, zero lot line: 15. 18 January 3, 1990 10. For the R -3b zone, renumber existing items 112.11, • " 3 " and " 4 . " to " 3 . " , " 4 . " and "5.". 11. For the R -U zone, delete "One- family dwelling" and add "One- family detached dwelling ". 12. For the R -U zone, delete "Two- family dwelling" and add "One- family semi - detached or two - family dwelling". 13. For the R -U zone, add "3. One- family attached dwelling: 125." 14. For the R -13 zone, renumber existing items 113.11, "4." and 115." to 114.111 115." and "6". J. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, add under a new subdistrict heading "R -2c" as follows: ".1. One - family detached dwelling: 40. 2. One - family detached dwelling, zero -lot line: 40. 3. One - family semi - detached dwelling: 50. 4. One - family attached dwelling: 50. 5. Two- family dwelling: 50. 6. Other Uses: 40." K. Under Column 8, Maximum* Building Height, Number of Stories, add under a new subdistrict heading "R -2c": 11311. L. Under Column 9, Maximum Building Height, Height in Feet, add under a new subdistrict heading "R -2c": "35 ". M. Under Column 10, Maximum Percent Lot Coverage By Buildings, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 35. 2. one - family detached dwelling, zero -lot line: 35. 3. One - family semi - detached dwelling: 40. 4. One - family attached dwelling: 50. 5. Two - family dwelling: 40. 6. Other Uses: 35." N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under a new subdistrict heading "R -2c": "10". 0. Under Column 12, Yard Dimensions, Side, One Side at Least, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 10. 2. One - family detached dwelling, zero lot line: 15. ,4-79 17 January 3, 1990 16. For the R -U zone, delete "Two - family dwelling" and add "One- family semi - detached or two - family dwelling ". 17. For the R -U zone, add 113. One - family attached dwelling: 16,500 for first 1 - 3 units plus 1,500 for each add'1 unit." 18. For the R -U zone, renumber existing items "3. ", " 4. " and " 5. " to " 4 . " , " 5 . It and " 6 . H. Under Column 6, Minimum Lot Size, Area in Square Feet add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 2500 for first occupant, plus 500 for each additional occupant. 2. One - family detached dwelling, zero -lot line: i 2,500 for first occupant plus 500 for each ? additional occupant. 3. One - family semi - detached dwelling: 2000 for first occupant in each dwelling unit plus 400 for each additional occupant in each dwelling unit. 4. One - family attached dwelling: 1500 for the first occupant in each dwelling unit plus 300 for each additional occupant in each dwelling unit plus 500 for each additional occupant in each dwelling unit in excess of five (5) occupants. 5. Two - family dwelling: 2000 for first occupant in each dwelling unit, plus 400 for each additional occupant in each dwelling unit. 6. Other uses: 4000." I. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, change the following: 1. For the R -la zone, delete "One- family dwelling" and add "One - family detached dwelling ". 2. For the R -lb zone, delete "One- family dwelling" and add "One- family detached dwelling ". 3. For the R -2a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 4. For the R -2b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 5. For the R -3a zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 6. For the R -3a zone, add 112. One - family attached dwelling: 50." 7. For the R -3a zone, renumber existing items 112.11, 113." and 114." to 113.11, 114." and "5. ". 8. For the R -3b zone, delete "One- or two - family dwelling" and add "One- family detached or semi- detached dwelling or two - family dwelling ". 9. For the R -3b zone, add 112. One - family attached dwelling: 40." 36Z 3W 20 January 3, 1990 Alderperson Booth explained that the general purpose of this amendment to the zoning ordinance is to create a district in the R -2 category in which essentially the size of lots is tied to the number of people for whom a residential unit is designed. He stated that the ordinance does many other specific things but that is its major attribute. Amending Resolution Seconded by Alderperson Johnson By Alderperson Cummings: RESOLVED, That under "D ", "one- family attached dwelling ", the maximum of four one - family dwelling units be changed back to six one - family dwelling units. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (6) - Blanchard, Schroeder, Daley, Romanowski, Cummings, Johnson Nays (3) - Peterson, Hoffman, Booth Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Hoffman, Johnson, Romanowski, Blanchard, Cummings, Schroeder, Daley Nays (2) - Peterson, Booth Carried * 14.3 Parking Fines By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, illegal parking activities harms the well -being of the residents of Ithaca, and WHEREAS, the City of Ithaca has recently raised the basic fine for overtime parking to $3.00, and WHEREAS, fines for other parking violations should effectively deter illegal parking and should be raised in light of the increase in the basic fine for overtime parking, and WHEREAS, under New York State Law the schedule of fines for many parking violations is determined by the City Judge; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby express its support and approval for the City Judge to raise fines for parking violations in accord with the following schedule: SEE SCHEDULE AT BOTTOM OF PAGE 21 IS) c) . .3d/ 19 January 3, 1990 3. One - family semi - detached dwelling, unattached sides only: 10. 4. One - family attached dwelling, unattached sides only: 10. 5. Two - family dwelling: 10. 6. Other uses: 10:" P. Under Column 13, Yard Dimensions, Side, Other Side at Least, add under a new subdistrict heading "R -2c" as follows: "1. One - family detached dwelling: 5. 2. One - family detached dwelling, zero -lot line: 0. 3. One - family detached dwelling, zero -lot line, on side abutting a non - zero -lot line building or lot: 10. 4. One - family semi - detached dwelling, attached sides: 0. 5. One - family attached dwelling, attached sides: 0. 6. Two - family dwelling: 5. 7. Other uses: 5." Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under a new subdistrict heading "R -2c": 1125". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under a new subdistrict heading "R -2c ": 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, pertaining to Group Care Residence, be amended by amending 113. Density controls at individual facility level" as follows: R -2b and R -2c All other provisions in the chart contained in Section 30.26(B) shall remain the same. 2. That Section 30.26(C)(4)(iv) be amended as follows: (iv) Specific standards applicable to a school and related buildings in all Residential Districts (R -1, R -1a, R -1b, R -2, R -2a, R -2b, R -2c, R -3, R -3a, R -3b, R -U): SECTION 5. 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. Alderperson Booth explained that at the December meeting the resolution was amended from 6 units to 4 units and then the whole ordinance was tabled. .So4 22 and be it further January 3, 1990 RESOLVED, That the Common Council does hereby express its further support and approval for the City Judge to raise fines for parking in a prohibited area above the level set forth in the previous schedule to $10.00 for the 1st and 2nd offenses and $20.00 for 3rd or more offenses. A vote on the resolution resulted as follows: Carried-Unanimously Smoking Ordinance Amendments - Report Alderperson Booth reported that the Charter and Ordinance Committee had hoped to have amendments to that done by January 1, 1990. There is an existing smoking ordinance - there is a need to bring it into a form that is parallel with the new State law which went into effect on January 1. The committee now, has a revised version of the smoking ordinance and it is being sent on to the new Charter and Ordinance Committee with hopes that they will hold a public meeting and proceed to adoption of amendments to the existing smoking ordinance. Amendments to City's Environmental Quality Review Ordinance- Report Alderperson Booth reported that there is now a complete`draft of amendments to the EQR, which is an effort to bring the City's ordinance in compliance with State law and State regulations. He urged that these amendments be adopted fairly quickly in the new year. HUMAN SERVICES COMMITTEE: Human Services Coalition Work Plan By Alderperson Peterson: Seconded by Alderperson Johnson RESOLVED, That the following items comprise the areas of work that the Human Services Coalition will perform for the City of Ithaca in 1990: 1. Human Services Grant Allocations Review 2. Assistance on Opportunities for Youth Program 3. Staff Assistance on Tompkins County Focus 4. Continued Staff Assistance of Homeless Task Force and Related City Homeless Issues Carried Unanimously GIAC /Drop -in Center - Report Alderperson Peterson reported that the GIAC /Drop -in Center report recently came back to the committee. The Dispute Resolution Center had one recommendation and the Budget and Administration Committee had another. The human Services Committee would like to recommend to the next Human Services Committee and the next Budget and Administration Committee that the focus should be on the contract. There are two or three issues that the GIAC Board has indicated that really need to be resolved before continuing the discussion on the building renovations and discussion of day care. Homelessness - Report Alderperson Peterson reported that at the last meeting of the Human Services Committee there was discussion of the grants that were possibly available. The deadline for those grants was extraordinarily close and we won't be applying for any of them. The Friendship Center is applying for an emergency shelter grant that had to be in by January 5. PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 Termination of Hydropower Development and Surrender of FERC License / Ithaca Falls Alderperson Hoffman stated he does not remember that at the Planning and Development Committee meeting there was anything put in the resolution about surrendering the license immediately. I Ft 303 21 January 3, 1990 and be it further RESOLVED, That the Common Council does hereby express its further support and approval for the City Judge to raise fines for parking in a prohibited area above the level set forth in the previous schedule to $10.00 for the first and second offenses and $20.00 for third or more offenses, and be it further RESOLVED, That the Common Council does hereby express its support and approval for the City Judge to establish the fines for QW, parking outside meter lines as follows: $5.00 for first and second offenses and $10.00 for third or more offenses. Alderperson Booth gave an explanation of the resolution and discussion followed with comments by Police Chief McEwen. Alderperson Booth suggested the following amendment: That on the headings of the schedule, the words within 12'months OJ be added after the word offenses in each column of the headings. Alderperson Booth also suggested the deletion of the last Resolved. _.1 Mayor Nichols declared the amendments accepted as there were no t - " -� objections. `4 "_f The resolution as amended will read as follows: WHEREAS, illegal parking activities harms the well -being of the residents of Ithaca, and WHEREAS, the City of Ithaca has recently raised the basic fine for overtime parking to $3.00, and WHEREAS, fines for other parking violations should effectively (40W., deter illegal parking and should be raised in light of the increase in the basic fine for overtime parking, and WHEREAS, under New York State Law the schedule of fines for many parking violations is determined by the City Judge; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby express its support and approval for the City Judge to raise fines for parking violations in accord with the following schedule: Existing Fine Existing Fine Recommended Fine Recommended Fine for 1st E 2nd 3rd or more for 1st E 2nd fnr 3rd or more Type of Violation Offenses Offenses Offenses Offenses as set by CC as set by CC Overtime Meter $3.00 $3.00 $3.00 $6.00 as set Sy CC as set by CC Overtime... Zone $3.00 $3.00 $3.00 $6.00 Outside Meter Lines None None $5.00 $10.00 Curb (12 inches) $3.00 $3.00 $3.00 $6.00 School Zone $3.00 $6.00 $3.00 $6.00 Prohibited Area $3.00 $6.00 $5.00 $10.00 _ Between Curb$Walk $3.00 $6.00 $10.00 $20.00 Bus Stop /Taxi Stand $3.00 $6.00 $15.00 $30.00 Fire Hydrant /FM $3.00 $6.00 $15.00 $30.00 Crosswalk (20') $3.00 $6.00 $5.00 $10.00 Sidewalk $3.00 $6.00 $10.00 $20.00 Overtime, Night - Odd /Even $3.00 $6.00 $5.00 $10.00 Other Infractions $3.00 $6.00 $5.00 $10.00 Driveway $4.00 $8.00 $1S.00 $30.00 Private Property $4.00 $8.00 $15.00 $30.00 Wrong Direction $4.00 $8.00 $5.00 $10.00 Truck Zone $5.00 $10.00 $10.00 $20.00 Double Parking $10.00 $20.00 $15.00 $30.00 Uninspected $10.00 $20.00 $15.00 $30.00 Abandoned $10.00 $20.00 $15.00 $30.00 Parking Ramp Over- Night Without Permit None None $10.00 $20.00 NOTE: Fines for Parking Violations in spaces reserved for handicapped persons are set by New York State Law as follows: 1st Offense - $25.00, 2nd Offense-$50.00, 3rd Offense - $100.00 30V 24 January 3, 1990 WHEREAS, there are certain stipulations which would be incorporated into this transfer of ownership; now, therefore, be it RESOLVED, That the City Attorney be directed to prepare all necessary instruments for the execution of this transfer, and be it further RESOLVED, That these instruments shall be referred back to Common Council for their final review and approval, and be it further RESOLVED, That Common Council expresses its sincere gratitude to Mr. Finkelstein for this generous donation of open space to the people of the City of Ithaca. Alderperson Cummings stated that there are stipulations which would be incorporated into the transfer agreement. There are stipulations which the residents surrounding the woodland area asked for which involved not using the land as a formal park so as not to increase the amount of people traffic in the area. Therefore, even though this land is being given to the City it is not for the City to use for just any purpose. It is a) to be preserved as existing woodland open space and b) to have a limit on the public access to that open space. Discussion followed on the floor regarding the stipulations in this agreement. Questions were answered by City Attorney Guttman. Motion to Refer to the City Attorney By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the matter of the donation of a Woodland Preserve at Gun Hill Residence be referred to the City Attorney for a meeting with Mr. Finkelstein's attorney to address the issues of concern and report back to Common Council. Carried Unanimously * 16.5 Planning and Development Work Program -1990 By Alderperson Cummings: Seconded by Alderperson Romanowski WHEREAS, the City of Ithaca Administrative Code requires that the Department of Planning and Development submit for approval a work program showing planned activities for each calendar year for approval by Common Council, and WHEREAS, the Department's proposed 1990 Work Program has been reviewed by the Planning and Development Committee; now, therefore, be it RESOLVED, That Common Council does hereby approve the Department of Planning and Development 1990 Work Program. Alderperson Cummings remarked that the Planning and Development Board has not had input into the work plan. She asked that it be referred to the Committee and Board jointly. Motion to Refer to the Planning and Development Board and the Planning and Development Committee By Alderperson Cummings: Seconded by Alderperson Daley RESOLVED, That the Planning and Development Work Program for 1990 be referred to the Planning and Development Board and Committee for joint consideration. Discussion followed on the floor. A vote on the motion to refer resulted as follows: Carried Unanimously Community Development Block Grant Program - Report Alderperson Cummings reported that the deadline for the Community Development Block Grant application is April 1. She thinks there S14, _q' 23 January 3, 1990 He said that if there is agreement on that then he does not think the Council should even put on paper that we are considering doing that, for strategic or tactical reasons. Alderperson Cummings remarked that the resolution at the committee was to immediately get out of the hydropower business. She said that it was agreed that the committee would bring the resolution to Council and Alderperson Hoffman had requested that it go to the Hydropower Commission for their input. Alderperson Hoffman stated that the City has the license for another year and nine months and he thinks, for purely tactical reasons, there is no need to show our entire hand by surrendering the license immediately. Alderperson Cummings argued that the committee did not discuss the modes for ceasing our commitment to hydropower.. The discussion was in terms of stopping the City's commitment to hydropower, not about the specific technical steps that we would (!� take to cease that commitment. She concurred with Alderperson f Hoffman that the committee did not talk about the technicalities of license surrender. L.L i Resolution By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLVED, That Common Council does hereby terminate pursuit of city construction of a hydropower facility at the Ithaca Falls, and be it further RESOLVED, That the Federal Energy Regulatory Commission license authorizing the city to construct such facility be surrendered immediately. (400" Further discussion followed on surrender of the Hydropower license. Alderperson Hoffman stated that he would like the title of the resolution to read: Termination of Hydropower Development Activities at Ithaca Falls. He also requested that the second resolved be deleted from the agenda. Mayor Nichols declared the amendments accepted. The resolution will now read as follows: RESOLVED, That Common Council does hereby terminate pursuit of city construction of a hydropower facility at the Ithaca Falls. Discussion followed regarding a referral motion. Motion to Refer to the Hydropower Commission By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That the matter of termination of hydropower development activities at Ithaca Falls be referred to the Hydropower Commission for recommendation and report back at the February Common Council meeting. Ayes (8) - Hoffman, Daley, Booth, Johnson, Romanowski, (460we Blanchard, Schroeder, Peterson Nay (1) - Cummings Carried * 16.4 State Street Associates L.P. - Donation of Woodland Preserve at Gun Hill Residence By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, Mark Finkelstein has offered to donate to the City of Ithaca certain lands lying to the south and west of the development known as Gun Hill Residences, and 3of 26 January 3, 1990 Alderperson Romanowski stated that he very reluctantly was a proponent of this site when it first was proposed, mainly because the baling station going anywhere except north of an imaginary line that he had drawn, was to him utter foolishness and a real waste of energy, of land and of business potential. Since then he has found out about the other particular items that go along with this such as toxic storage, recycling and so forth :hat would move over into that area, perhaps on the other side of the road. Alderperson Romanowski stated that distresses him and so even though he likes the idea of a smaller facility, and the idea of splitting up what the responsibilities are going to be for recycling, storage and construction waste, he is, however, afraid that the County then will have designs on some of the city -owned land which the City is talking about for other facilities to be located. Alderperson Blanchard stated that she is going to support this resolution although she thinks the Commercial Avenue site is a 'done deal'. She does not think the County can be prevented from pursuing the Commercial Avenue site at this point. However, she does not think there is any harm in saying "We don't like this site either ". Alderperson Schroeder remarked that of impact on the City, would be Therefore, he stated, he will vote not think the County is even seric he questioned whether there was discussing it further. he thinks this site, in terms worse than the other site. for the resolution. He does usly considering this site so any sense in the Council Alderperson Booth stated that first, as a procedural point, he thinks that before Council says anything else on any other site, it ought to ask some of the other bodies such as the Planning Board and the Conservation Advisory Council for their input. That was what caused a lot of the trouble on Commercial Avenue. The City did not talk to all those people before anything was said. For this reason, he will vote against this resolution tonight. Alderperson Booth further stated that obviously Community Gardens is very important but in the scheme of things that this County is going to be facing in the next decade, to honestly say that a gardening use is more important is wrong. He further stated that what he has heard for months is City representatives simply saying "we don't want this thing in the City of Ithaca." He does not think that is an acceptable position. We generate a vast percentage of the garbage in this County and we have a responsibility to try to deal with it. A vote on the resolution resulted as follows: Ayes (6) - Romanowski, Blanchard, Daley, Cummings, Johnson, Schroeder Nays (3) - Booth, Peterson, Hoffman Carried BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Amendment of Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Delete: 2 Recreation Specialists - 17 hours /week Add 1 Recreation Specialist - (full -time) Carried Unanimously Jd % 25 January 3, 1990 will need to be a special Council meeting to be able to meet this deadline. Documentation will be forthcoming to Council members with the complete schedule. * 16.7 Onnosition to County Balinq Station at Ithaca Industrial Park Site By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, Common Council has previously expressed its reservations regarding the use of the Ithaca Industrial Park as a site for the baling of trash, and WHEREAS, the County Board of Representatives has re- opened the possibility of using the Ithaca Industrial Park site as a trash handling facility; now, therefore, be it RESOLVED, That the City of Ithaca hereby expresses to the County its firm opposition to the use of the Ithaca Industrial Park site „ as a location for trash handling and objects strenuously to the inclusion of this site on the County's alternative site list. L;j Alderperson Cummings stated that the County, very recently, -- adopted a second alternate site to look at; they refused to go back and look at the Airport site and they refused to consider a new site on East Shore Drive which has been put forward. The only other alternate site in the entire county that they said they would look at was back at the Ithaca Industrial Park. Alderperson Cummings said that the Industrial Park site is the permanent site for the City's community gardens so it would not be that the City would only lose an industrial park site for which we have community development money in and which we have Appalachia Regional Commission funding for, it is also our only remaining empty industrial park in our local job generating program, plus the City would also lose the site for the gardens. Alderperson Cummings stated that it is very important for the City of Ithaca to go on record to say that we do not support that site for a baling station. Discussion followed on the floor. Alderperson Peterson suggested that the word reservations in the first Whereas be changed to conditions. Mayor Nichols concurred as no Council person objected. Alderperson Peterson stated that if there has to be a City site, she has always preferred this site over the Commercial Avenue site. She is concerned about closing the door on this site and forcing the Commercial Avenue site to become a reality. Mayor Nichols, for clarification, stated that as of now the County is not pursuing any other option. They adopted a motion a month ago to spend $4, 000 to look into it but with the adoption of their finding statement, they have now closed the door. Mayor Nichols confirmed that the County has instituted procedures for getting a permit for the Commercial Avenue site. (400., Alderperson Hoffman stated that he thinks it is inappropriate for the Council to take this action at this moment. The fact is that the options are not unlimited. The County is under pressure and believes it is acting for County taxpayers in finding a local solution, rather than having to ship all the trash far away at a tremendous cost to all of us. He said there are some advantages to this site - it is north of the main east -west traffic routes, it is not as close to a potential new neighborhood that people have talked about and it is right across the street from a current recycling center. 3/a January 3, 1990 * 17.8 Creation of City Buyer Position By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Personnel Roster of the Finance Department be amended as follows: Delete: Senior Stenographer- Purchasing (Grade 9 - 35 hours /week) Add City Buyer (Grade 17 - 35 hours /week) and be it further RESOLVED, That Etta Gray be provisionally appointed to the position of City Buyer at a 1990 annual salary of $21,332, effective January 1, 1990. Carried Unanimously * 17.9 Assignment of Positions to Management compensation-Plan By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the following positions be assigned to the 1989 Management Compensation Plan as indicated below: Asst. Superintendent of Public Works $33,340 - $49,352 City Engineer 33,340- 49,352 Dep. Dir. Planning & Development 31,087- 46,017 Carried Unanimously * 17.10 Approval of CSEA Pay Equity Adjustment By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That, as recommended by the Labor - Management Pay Equity Committee, the salaries of the operators, Operator Trainees, Assistant Chief Operators and Laboratory Director at the Water Filtration and Wastewater Treatment Plants be increased as follows: $1200 for employees holding a Class II -A license $2400 for employees holding a Class I -A license and be it further RESOLVED, That said salary increases be retroactive to the date of the original Pay Equity requests, or the date the employee received his /her license, whichever was more recent. Carried Unanimously * 17.11 Approval of Extension for Purchase of Fire Station No. 5 By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the following amendments be made to the purchase agreement of December 8, 1988 with Harvey Ferdschneider and Anne Trovinger for the sale of Fire Station No. 5: A. Paragraph II -A is amended to provide for a Two Thousand Dollar ($2,000.00) deposit; B. Paragraph III of the Purchase Offer is deleted in its entirety; C. Paragraph X is deleted in its entirety and there is substituted therefor the following: "At closing the Seller shall deliver to the Buyer a Warranty Deed for the consideration stated hereinabove, sufficient to convey good marketable title in fee simple, free and clear of all liens and encumbrances except as stated herein. The closing shall take place in Ithaca, New York, on or before January 5, 1990." "As and for liquidated damages for Buyer's failure to close pursuant to the Purchase Offer on or by September 1, 1989, Buyer shall pay to Seller at closing a sum equal to Twenty -Three and No /100 Dollars ($23.00) multiplied by the number of days following September 1, 1989 that the closing actually occurs. In addition, Buyer shall forfeit the $2,000.00 deposit paid pursuant 309 27 January 3, 1990 * 17.2 Amendment of Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Delete: 2 Youth Workers (full -time) - Grade 18 1 Youth Worker (20 hours /week) - Grade 18 Add 1 Volunteer Coordinator (full -time) - Grade 18 1 Youth Development Program Leader (full -time) - Grade 18 1 Administrative Assistant (20 hours /week)- - Grade 18 Carried Unanimously * 17.3 Amendment of Personnel Roster - Youth Bureau By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Personnel Roster of the Youth Bureau be temporarily amended from June 19, 1989 to May 24, 1990 as 0.J follows: (I.) Delete: 1 Youth Program Coordinator (full -time) i Add 1 Youth Program Coordinator (17 hours /week) Carried Unanimously * 17.4 CSEA Administrative Contract By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Agreement between the City of Ithaca and the CSEA Administrative Unit for a new three -year contract commencing January 1, 1990 and expiring on December 31, 1992, be approved as recommended by the City's Negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal. Carried Unanimously * 17.5 1990 Compensation for Confidential Employees By Alderperson Booth: Seconded by Alderperson Blanchard RESOLVED, That for the period January 1, 1990 through December 31, 1992, all employees not covered by a formal labor contract, excluding positions designated as management, be granted salary increases and fringe benefits in accordance with the provisions of the CSEA Administrative Unit Contract. Carried Unanimously * 17.6 1990 Compensation for Manaqerial Employees By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That management employees not covered by a formal labor contract be granted a 5.5% increase across the board for the year 1990, effective with the first pay period of 1990, and be it further RESOLVED, That Common Council reaffirms its policy of comprehensive performance evaluations for all Department Heads and recommends that the Mayor implement the Department Head Performance Evaluation Procedure fully. Carried Unanimously * 17.7 Appointment of Activities Center Coordinator By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Marcia Fort be provisionally appointed to the position of Activities Center Coordinator at a 1990 annual salary of $26,574, effective January 8, 1990. Carried Unanimously .314 30 Change Description to: 4 Police Vehicles - Sedans 1 Police Vehicle - Station Wagon 2 Police Vehicles - Motorcycles ....ACCOUNT TOTAL ............. $88,740 A- 3120 -225 - Other Equipment Radio Equipment $29,553 16 Hand Guns $ 4,000 16 Holsters /Ammo Holders $ 1,600 Closed Circuit TV Equipment $ 1,300 Diving Equipment $ 730 1 Uninterrupted Telephone Power Supply (Funds Transferred from A- 3120 -215 Account) $ 0 ...ACCOUNT TOTAL ............. $37,183 January 3, 1990 $87,200 $ -1,540 $29,553 $ 0 $ 4,000 $ 0 $ 1,600 $ 0 $ 1,300 $ 0 $ 730 $ 0 1,540 �+1 540 $38,723 $+1,540 Net Additional Funding Required Carried Unanimously * 17.15 Transfer of 1989 Highwav Funds to 1990 Capital Pro-iect 0 Department of Public Works By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That Capital Project #228 be and is hereby established, for the purpose of widening a portion of Meadow Street (in front of MaGuire Ford Inc.), and be it further RESOLVED, That $75,000 which has been encumbered by the Department of Public Works in Account 5111 -487, Machine'Taving, be transferred to said Capital Project #228. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 17.16 Ithaca Neighborhood Housinq Services, Inc. Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an Agrement with Ithaca Neighborhood Housing Services, Inc., for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $80,000, for providing housing assistance for low to moderate income residents of the City. Carried Unanimously * 17.17 Tompkins County S.P.C.A. Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Tompkins County S.P.C.A. for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $35,000, and be it further RESOLVED, That the Tompkins County S.P.C.A. be, and it is, hereby designated the Animal Control Agency for the City of Ithaca for the year 1990. Carried Unanimously * 17.18 Finger Lakes Association Agreement By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Finger Lakes Association, Inc., for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $1,207, for rendering Promotional Publicity Services. Ayes - Booth, Peterson, Johnson, Romanowski, Schroeder, Cummings Nays - Daley, Blanchard, Hoffman 3/, 29 January 3, 1990 to Paragraph II -A as amended in the event closing does not occur on or by January 5, 1990." D. Harvey Ferdschneider will be taking title to the property in his name alone. and be it further RESOLVED, That the purchase offer as amended by this k4wool resolution is in all other respects ratified and confirmed and the Mayor or other proper City Officer is authorized and directed to execute such documents as may be required in the opinion of counsel to the City to give effect to this resolution. Discussion followed on the floor. City Attorney Guttman stated that assuming that this resolution is passed, the closing is scheduled for January 5, 1990. City Attorney Guttman further stated that it is his understanding in reviewing the file that there was a fire that previously occurred in the building and there are some minor damages ( essentially involving 12 broken panes of glass. Wit--- Atty. Nash had previously agreed with the Buyer's Attorney that it is the City's responsibility for deterioration to the building during the contact. A vote on the resolution resulted as follows: Carried Unanimously * 17.12 Amendment of the 1989 Wastewater Treatment Plant By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the 1989 Authorized Equipment List for the Ithaca Area Wastewater Treatment Plant be amended to include a set of hydraulic pullers for equipment maintenance purposes, at a cost not to exceed $1900., within existing funding limits. Carried Unanimously * 17.13 Approval of Personnel Services Contract - Department of Public Works By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Superintendent of Public Works be authorized to enter into an Agreement for Professional Consulting Services, for the purpose of bringing the City into compliance with OSHA Standards, at an amount not to exceed $4,000., and be it further RESOLVED, That the $4,000. required to fund this program shall be paid from 1989 Appropriations encumbered for such purpose. Carried Unanimously * 17.14 Amendment of Equipment List - Police Department By Alderperson Booth: Seconded by Alderperson Cummings RESOLVED, That the 1990 Authorized Equipment List for the Police Department be amended as follows, with no additional funding required: Current Proposed Net 1990 List 1990 List Change A- 3120 -210 - Office Equipment 3 Electronic Typewriters $1,851 $1,851 $ 0 1 Laserjet Computer Printer $11900 $ 0 $ -1,900 1 Facsimile Transceiver $ 0 $1,500 $ +1,500 1 Video Cassette Recorder ,$ 0 400 +400 ....ACCOUNT TOTAL ............... $3,751 $3,751 $ 0 A- 3120 -215 - Motor Vehicles 6 Police Cars $88,740 $87,200 $ -1,540 ,9 N 32 January 3, 1990 * _17.26 DeWitt Historical Society Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with DeWitt Historical Society, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $5,000., for providing services to City residents. Carried Unanimously * 17.27 Human Services Coalition Aqreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Human Services Coalition of Tompkins County, for the period of January 1, 1990 to December 31, 1990, at an amount not to exceed $8,870., for the furnishing of Human Services Planning and Coordination. Carried Unanimously * 17.28 Task Force for Battered Women Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Task Force for Battered Women, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $7,374 for providing assistance to City residents in distress. Carried Unanimously * 17.29 Tompkins - Cortland Labor Coalition Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Tompkins- Cortland Labor Coalition, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $15,000 for the provision of services to the City of Ithaca. Carried Unanimously * 17.30 Neighborhood Legal Services Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Neighborhood Legal Services, for the period of January 1, 1990 through December 31, 1990 at an amount not to exceed $3,362 for the provision of services to City residents. Carried Unanimously * 17.31 HOMES - Green Street Project Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with HOMES - Green Street Project, for the period January 1, 1990 through December 31, 1990 for an amount not to exceed $3,801., for the provision of services to City residents. Carried Unanimously * 17.32 Aids Work Program By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with AIDS Work, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $4,034, for the provision of the following: AIDS Work - Education $1,498 AIDS Work - Family Support 752 AIDS Works - Client Support 1,784 Carried Unanimously 0 -;/3 31 January 3, 1990 * 17.19 Tompkins County Area Development Corp. Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Tompkins County Area Development Corp., for the period January 1, 1990 to December 31, 1990, in an amount not to exceed $7,800., to be used toward the costs and expenses of the Authority in encouraging and affecting the location and expansion of industrial research and manufacturing facilities, the creation of new and ,improved job opportunities, the reduction of unemployment and the betterment of individual and community prosperity within the City of Ithaca and the County of Tompkins. Carried Unanimously * 17.20 Ithaca Rape Crisis Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Ithaca Rape Crisis, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $3,100., for providing assistance to City residents in distress. Carried Unanimously 17.21 Literacy Volunteers Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are authorized and directed to execute an agreement with Literacy Volunteers of Tompkins County, Inc., for the period January 1, 1990 through December 31, 1990 in an amount not to exceed $3,675, for the provision of skill development services to City residents. Carried Unanimously * 17.22 Offender and Restoration Services Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Offender Aid and Restoration Services, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $3,300 for providing services to City residents. Carried Unanimously * 17.23 Southside Community Center Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Southside Community Center, for the period January 1, 1990 through December 31, 1990 in an amount not to exceed $6,501., for the providing of services to City residents. Carried Unanimously * 17.24 The Learning Web Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with The Learning Web, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $6,363., for providing assistance to City residents for CORE Structure and CORE Apprenticeship programs. Carried Unanimously * 17.25 Suicide Prevention and Crisis Service Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Suicide Prevention and Crisis Service, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $4,500., for providing assistance to City residents in distress. Carried Unanimously 3!G 34 January 3, 1990 * 17.39 City of Ithaca 1988 Audit Report By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the 1988 Audit Report prepared by the accounting firm of Ciaschi, Dietershagen, Shaufler, Mickelson C.P.A.'s , be accepted to comply with all of the City's applicable federal single audit and related audit requirements. Carried Unanimously NEW BUSINESS• * 21.1 Budget for Staff Attorney By Alderperson Schroeder: Seconded by Alderperson Booth RESOLVED, That the $32,000 budget -for Staff Attorney for 1990 shall be transferred to contracts with John Kelleher for 20 hours of Staff Attorney services per week ($18,286) and Patricia Kennedy for 15 hours of Staff Attorney services per week ($13,714). Discussion followed on the floor regarding the filling 'of the Staff Attorney position with two people instead of one person. Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That there be a further Resolved to read as follows: RESOLVED, That the City Attorney is directed by Common Council to explore the possibility of eventually hiring a full -time Staff Attorney, and the City Attorney be directed to report to Common Council by June 1, 1990 regarding specific procedures that could be utilized to recruit such a person. Carried Unanimously A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Standing Committees of Common Council and Liaison Appointments Mayor Nichols handed out copies of the appointments that he has made as to the Standing Committees of Common Council and Liaison Appointments. The appointments are as follows: STANDING COMMITTEES: Budget and Administration Booth, Chair Peterson, Vice Chair Cummings Hoffman Romanowski Charter and Ordinance Peterson, Chair Romanowski, Hoffman Johnson Schroeder Vice Chair Intergovernmental Relations Nichols, Chair Booth Hoffman Johnson Peterson Human Services Johnson, Chair Cummings, Vice Chair Blanchard Daley Peterson Planning & Development Hoffman, Chair Booth, Vice Chair Blanchard Daley Schroeder I F_ � 3 /S' 33 January 3, 1990 * 17.33 Community Dispute Resolution Center Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Community Dispute Resolution Center, for the period of January 1, 1990 through December 31, 1990 at an amount not to exceed $6,180 for assisting city residents in resolving interpersonal disputes. Carried Unanimously * 17.34 Day Care and Child Development Council Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Day Care and Child Development Council of Tompkins County, for the period January 1, 1990 through December 31, 1990 at an amount not to exceed $9,800 for providing assistance to City residents for counseling services. Carried Unanimously O, U) * 17.35 Emergency Community Shelter Program of the Tompkins County Chapter of the American Red Cross Agreement j By Alderperson Booth: Seconded by Alderperson Johnson --0 RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Emergency Community Shelter Program of the Tompkins County Chapter of the American Red Cross, for the period of January 1, 1990 through December 31, 1990 for an amount not to exceed $4,000 for the provision of food, clothing and temporary shelter in time of emergency for City residents. Carried Unanimously * 17.36 Displaced Homemakers Center of Tompkins County Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Displaced Homemakers Center of Tompkins County, for the period of January 1, 1990 through December 31, 1990 at an amount not to exceed $7,650 for the provision of services to City residents. Carried Unanimously * 17.37 Drop -in Children's Center Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Drop -in Children's Center, for the period of January 1, 1990 through December 31, 1990 at an amount not to exceed $6,000 for the provision of child care services to City residents. Carried Unanimously * 17.38 Amending Youth Bureau Program Budget By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Youth Bureau 1990 Roster be amended by the addition of one full time Youth Worker position for the period of a State Education Department Grant, to expand the Access to College Education Program, and be it further RESOLVED, That the authorized 1990 Equipment List for the Youth Bureau be amended to include 1- fifteen passenger van at a cost not to exceed $18,000.00, and be it further RESOLVED, That the 1990 Budget be amended by increasing appropriations by $33,467.00., the amount of the State Education Department Grant, and conversely increasing revenues by the same $33,467,00., and be it further RESOLVED, That this Grant can only be accepted and that the related Budget Amendments can only be made, provided that overall impact on the 1990 Budget including fringe benefits is budget neutral. Carried Unanimously