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HomeMy WebLinkAboutMN-CC-1990-04-04•19 9 1 April 4, 1990 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. April 4, 1990 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Cummings, Johnson, Blanchard, Hoffman, Daley, Schroeder, Peterson, Romanowski, Golder OTHERS PRESENT: City Attorney - Guttman City Clerk - Paolangeli City Controller - Cafferillo Deputy City Controller - Thayer Planning and Development Director - Van Cort Commons Coordinator - Deming (k] Police Chief - McEwen Personnel Administrator - Walker €" Building Commissioner - Datz Fire Chief - Olmstead Superintendent of Public Works - Thadani EvIA Community Development Administrator - Evans `'X Board of Public Works Commissioner - Reeves yo k -f e(1t.i (),'Si�' PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the February 7, 1990 Common Council Meeting By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That the minutes of the February 7, 1990 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the March 7, 1990 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That the minutes of the March 7, 1990 Common Council meeting be approved as.published. Carried Unanimously ADDITIONS TO THE AGENDA Executive Session Mayor Nichols asked for an Executive Session of Council at the end of the meeting to discuss possible land purchase and a personnel matter. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Review 1990 - 1991 Community Development Block Grant Resolution to Open Public Hearing By Alderperson Daley: Seconded by Alderperson Peterson RESOLVED, That the public hearing to review 1990 - 1991 Community Development Block Grant be declared open. Carried Unanimously Community Development Administrator Evans gave a brief presentation regarding the Community Development Small Cities Application for 1990 -1991. Anne Bookout, Executive Director of StaHome Healthcare, Inc., gave background information on the organization and explained their need for this grant. 400 2 April 4, 1990 Paul Sayvetz, 201 Elm Street, made comments to Council regarding the process for the Community Development Block Grant. He asked that in future years there be a more active outreach for community projects. Lucy Brown, Chair of Ithaca Neighborhood Housing Services Board, spoke to Council of need for these funds for the Polygon Associates Housing Project. Resolution to Close Public Hearing By Alderperson Cummings: Seconded by Alderperson Daley RESOLVED, That the public hearing to review the 1990 - 1991 Community Development Block Grant be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS Design Review Board Mayor Nichols requested approval of Common Council for the re- appointment of Val Kevin Warke, 286 Midline Road, Freeville to the Design Review Board with a term to expire December 31, 1992. Resolution By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That this Council approves the re- appointment of Val Kevin Warke to the Design Review Board with a term to expire December 31, 1992. Carried Unanimously Housing Board of Review Mayor Nichols reported that he has appointed Marcy Sacks, 505 Wyckoff Avenue, to the Housing Board of Review with a term to expire December 31, 1990. COMMUNICATIONS• Betsey Darlington, Chair of the Conservation Advisory Council called Beth Mulholland to the podium and read the following dedication to her: "Beth Mulholland has been named the recipient of the Conservation Advisory Council's Spring Commendation, for her many accomplishments on behalf of hikers, wildflowers, and wildflower lovers. Beth was instrumental in getting the Six -Mile Creek area designated as a wildflower perserve. She has served on a variety of City committees, but most notably, Beth was, and is, the guiding light behind Circle Greenway, the system of trails and paths - -some still being developed - -that encircle the City of Ithaca. Beth has led numerous wildflower walks in the preserve, and we have her to thank for keeping the Wildflower Preserve trails free of litter. She as well as other Circle Greenway committee members walk the trails frequently and pick up the rubbish left by others. Given her love of wildflowers and her dedication to improving the opportunities for all of us to enjoy them Spring seems an especially appropriate time for thanking Beth Mulholland for all she has done for the community over so many years." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Fall Creek Recreational River Designation The following persons addressed Council in favor of the Fall Creek Recreational River designation: Sarah Jane Bokaer John Bokaer David Weinstein Mark Finkelstein Betsey Darlington Guy Gerard - 417 Linn Street - 417 Linn Street - 51 Freese Road, Freeville - 210 Lake Street - 204 Fairmount Avenue - 140 College Avenue 401 We surmise that the responsibility for this mistake lies with (rtf4Y the construction crew who enlarged the Marina in 1984 and who s dredged to the wrong line on State Parks working drawing 11026. Instead of dredging 50 feet from a line which represented the .. -¢y planned top of the Marina bank as they were directed to do, they dredged exactly to that line, which not only represents the top of the bank but also the boundary line of the Festival Lands. <X This means that the riprap at the water edge, and the slope of the bank (which takes a good 20 feet), and the marina light poles sited further back from the top of the bank, all intrude onto the Festival Lands. The intersting thing about this mistake is that the distance between the last pier (Pier 6) and the top of the marina bank now is 104 feet. The proposed plans for marina expansion call for a distance of about 110 feet from pier 6 to bulkhead. (Bulkheads, as you know, drop directly down at right angles.) We suggest that State Parks modify their planned distance of 110 feet by 6 feet and drop their bulkhead down from the top of the present marina bank, which would give them a distance of 104 feet from the pier. At the eastern end of the marina the distance between the bulkhead and Pier 1 is only 97 feet, between Piers 4 and 5, only 82 feet, and between Piers 5 and 6, 105 feet. Incidentally some of the biggest boats were moored in 1989 at the eastern bulkhead - 5 boats 45 feet in length and two boats 50 feet in length. In short, State Parks has already appropriated the amount of the Festival Lands that it needs to carry out its proposal to enlarge the marina. And the City has thus already fulfilled the terms outlined in the March 21, 1985 contract signed by the Mayor. Now to the other two items. First, in an August 25, 1989 letter to the Mayor, Andy Mazzella, Director of Fingerlakes State Parks, said that the present Marina "is hardly a rich man's yacht club" and cited as proof that "there are only 8 boats in the marina or 2% of the total slips which are occupied by boats of 40 feet or more ". But according to State Parks personnel in charge of leasing the marina slips there are more than five times that (Wool number -- there are in fact 43 slips for boats 40 feet or more in length. Secondedly,it has come to our attention that Larry Fabbroni as BPW liaison to the newly appointed Parks Commission has incorrectly informed them both at meetings and in a March 9, 1990 memorandum that the City has already agreed to transfer the Festival Lands to State Parks. The Parks Commission was given, as evidence of this incorrect assertion, a copy of the October 4, 1989 resolution which, in its first clause, incorrectly states that the City had signed the March 21, 1985 contract to transfer Festival Lands to State Parks, whereas in fact only the Mayor signed, and whereas the contract specifically states it is contingent on Common Council and State approval, neither of which 3 April 4, 1990 Lois Darlington - 409 Lake Street Alfredo Rossi - 409 Lake Street Margaret Fabrizio - 213 King Street State Marina Doria Higgins, representing Citizens to Save Our Parks, read the following statement to Council: (4woll "There are three items we'd like to bring to your attention tonight - -two very briefly which we'll leave to the last, and the third in somewhat more detail. We have just discovered that the part of the Treman Marina already extends into the City owned Festival Lands by at least 20 feet. This distance is sufficient for State parks to enlarge the Marina as planned. We surmise that the responsibility for this mistake lies with (rtf4Y the construction crew who enlarged the Marina in 1984 and who s dredged to the wrong line on State Parks working drawing 11026. Instead of dredging 50 feet from a line which represented the .. -¢y planned top of the Marina bank as they were directed to do, they dredged exactly to that line, which not only represents the top of the bank but also the boundary line of the Festival Lands. <X This means that the riprap at the water edge, and the slope of the bank (which takes a good 20 feet), and the marina light poles sited further back from the top of the bank, all intrude onto the Festival Lands. The intersting thing about this mistake is that the distance between the last pier (Pier 6) and the top of the marina bank now is 104 feet. The proposed plans for marina expansion call for a distance of about 110 feet from pier 6 to bulkhead. (Bulkheads, as you know, drop directly down at right angles.) We suggest that State Parks modify their planned distance of 110 feet by 6 feet and drop their bulkhead down from the top of the present marina bank, which would give them a distance of 104 feet from the pier. At the eastern end of the marina the distance between the bulkhead and Pier 1 is only 97 feet, between Piers 4 and 5, only 82 feet, and between Piers 5 and 6, 105 feet. Incidentally some of the biggest boats were moored in 1989 at the eastern bulkhead - 5 boats 45 feet in length and two boats 50 feet in length. In short, State Parks has already appropriated the amount of the Festival Lands that it needs to carry out its proposal to enlarge the marina. And the City has thus already fulfilled the terms outlined in the March 21, 1985 contract signed by the Mayor. Now to the other two items. First, in an August 25, 1989 letter to the Mayor, Andy Mazzella, Director of Fingerlakes State Parks, said that the present Marina "is hardly a rich man's yacht club" and cited as proof that "there are only 8 boats in the marina or 2% of the total slips which are occupied by boats of 40 feet or more ". But according to State Parks personnel in charge of leasing the marina slips there are more than five times that (Wool number -- there are in fact 43 slips for boats 40 feet or more in length. Secondedly,it has come to our attention that Larry Fabbroni as BPW liaison to the newly appointed Parks Commission has incorrectly informed them both at meetings and in a March 9, 1990 memorandum that the City has already agreed to transfer the Festival Lands to State Parks. The Parks Commission was given, as evidence of this incorrect assertion, a copy of the October 4, 1989 resolution which, in its first clause, incorrectly states that the City had signed the March 21, 1985 contract to transfer Festival Lands to State Parks, whereas in fact only the Mayor signed, and whereas the contract specifically states it is contingent on Common Council and State approval, neither of which 02 4 April 4, 1990 has been given. We think it is a reflection on the honor and integrity of this body that you permit this falsehood to remain in a City document -- especially so when that falsehood is being manipulated for political purposes. Citizens to Save Our Parks thinks it imperative that the first clause in the October 4, 1989 resolution concerning the Festival Lands be either rescinded or corrected. Otherwise, newcomers to Common Council will incorrectly assume the resolution is correct and incorrectly assume the City is already obligated to State Parks in this matter and vote under this misapprehension." Northside Park Bryan Isacks, President of the Northside /Cascadilla Creek Civic Association, addressed Council regarding the City's purchase of the Pogo Parcel so that a park can be created there. He stated that the Association will work enthusiastically with the City to secure funding for the land and for the park. He urged Council to vote tonight to save that green space. The neighborhood believes the City will win State funding but if we wait and the land gets developed, it will be too late. Laura Kreidler, 202 Madison Street, spoke to Council regarding Northside development, housing in the area, and the need for a park in that area. She asked that Council vote to purchase the land behind the P &C food market. David Nutter, Interim Parks Commission member, stated that the Parks Commission urges the City to purchase the Pogo Parcel in part for a park in order to increase the amount of park land within the City. Mr. Nutter urged the Council to support a plan to incorporate bicycles in plans for city projects, especially streets. Mr. Nutter asked Council to amend the letter which is being sent to State Parks regarding their environmental impact statement on the expansion of the Marina to include an analysis of impacts on all wildlife, not just the endangered species. Parking in Collegetown Mr. David Hawxhurst, 111 Dryden Road, spoke to Council on the parking situation in Collegetown. He presented a petition regarding the fees that are being charged to residents in that area for parking. He urged Council not to change the ordinance regarding parking that is on tonight's agenda. Cornell University Vending Program Alice Lindholm, Cooks Falls, NY, addressed Council on the matter of transient merchant permits to sell goods within the City of Ithaca. She explained that she is part of a group of people who are contracted through Cornell with Willard Straight Hall to help raise money for a student group on campus. She said that they are professional people and have been doing this for five years. Mrs. Lindholm stated that they have sales tax certificates and they operate legally everywhere. They were closed down today by the Ithaca Police because they did not have a transient merchant permit for the City of Ithaca. Mrs. Lindholm explained that the vendors help the student groups raise a lot of money. She did not believe they compete with the merchants in the City since they only come to the University once a semester for three days. Mrs. Lindholm stated that the vendors paid for the space, they are contracted for three days in the space. She asked that the City allow the vendors to complete their sale tomorrow with the idea between this time and the time they are supposed to do their next show that Cornell and the City work out the problem. 0 19 403 5 April 4, 1990 Mayor Nichols explained to Mrs. Lindholm that about a month ago several merchants came to him complaining about sales going on in Willard Straight Hall. The City does have an ordinance regarding transient merchant permits. At that time, he wrote a letter to David Stewart at Cornell explaining the procedure and asking him to see that it was stopped unless these merchants obtained the correct permit. Mr. Stewart replied that he would inform the Cornell authorities and see that it would not happen again. Mayor Nichols stated that when he found out today that sales were again going on, he sent the Police officers to Willard Straight Hall. He explained to Mrs. Lindholm that if she wishes to come to City Hall in the morning to apply for a permit in the proper way, he is certain it will be issued. Mayor Nichols stressed that this law applies to any transient vendor in the City of Ithaca whether they are here for one day, three days or whatever and whether they are at Cornell or (i anywhere else in the City. The City is going to see that the ls� City's laws are enforced. r-- �a1 Fall Creek Designation David I. Stewart, Director of Community Relations at Cornell Wl University, referred to a letter that he had passed out to < Council members and the Mayor regarding the designation. He stated that Cornell is not in opposition to the designation. Mr. Stewart stated that the conditions as stated in the letter are very important because Fall Creek is the source for Cornell University's water supply. There are many activities that are related to the maintenance of that system and to the chilled water and other systems in Fall Creek and Beebe Lake that could Q00" be jeopardized if the provisos that Cornell has asked for are not included in the legislation. RESPONSE TO PUBLIC: Criticism of Building Department Alderperson Booth referred to the criticism that has been going on in recent months regarding the Building Department. He thinks the criticism is unfair, unreasonable and they are undermining an important City effort to make sure that the public health and safety of the residents of this City, both now and in the future, are protected. Alderperson Booth stated that it is important to be clear about a few things in respect to the City Building Code. The first is, it is a State mandated code that the City is required by law to enforce and that is what the City of Ithaca has chosen to do and he thinks that they have chosen to do it in a very proper fashion. Secondly, a strongly enforced Building Code is essential to the economic well -being of this City, both now and in the future, and to the economic and social and personal health and safety of our residents. Alderperson Hoffman, in reference to Mr. Nutter's concern about the environmental impact statement regarding the wildlife at the State Marina, stated that a letter has been sent to the State asking them to take into consideration all wildlife in that area, not just the threatened or endangered species. Transfer of Land Alderperson Romanowski explained the time frame and how steps were taken the license regarding the transfer of Festival Lands. expires on May 1, 1990. There will be an He stated opportunity to vote on the license renewal if Council decides to do so. He further said that is when any misjudgment, misstatement or error in procedure can and will be corrected. Alderperson Hoffman, in reference to Mr. Nutter's concern about the environmental impact statement regarding the wildlife at the State Marina, stated that a letter has been sent to the State asking them to take into consideration all wildlife in that area, not just the threatened or endangered species. 404 n Parking in Collegetown Alderperson Schroeder, in answer to does not believe there is any member to eliminate parking in Collegetown. April 4, 1990 Mr. Hawxhurst, stated that he of Common Council who wishes Alderperson Golder extended an invitation to anyone who has concerns regarding parking in Collegetown and other issues that affect the fourth ward. to a meeting of fourth ward residents on April 5, 1990 at 7:30 p.m. at 111 Oak Avenue. REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported on the following: Fall Creek Designation - The designation for Fall Creek was discussed today at the Board of- Public Works Committee of the Whole meeting. An informal vote was taken with the results being 5 in favor and 1 opposed to designation. There were 4 members opposed to broadening the designation to include Stewart Park and the Golf Course. There is some real concern about that for the future of the park and the golf course. What the Board is doing in essence, is endorsing the plan as it appears on the map. Traffic Enforcement Officer - At the Board of Public Works meeting on March 28, 1990 a resolution was passed endorsing this particular position. Trash Tags for Low Income Residents - It was Commissioner Reeves understanding that this matter was to go before the Board for discussion and recommendation before it went to Council. She stated that although the Board approves of this the Board has not yet formally voted on this issue. PLANNING AND DEVELOPMENT COMMITTEE: * 16.1 1990 Work Program for the Department of Planning and Development By Alderperson Hoffman: Seconded by Alderperson Schroeder 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. Discussion followed on the floor regarding development of the Southwest area of the City. Alderperson Cummings remarked that she believed it was irresponsible not to include adequate staff time to pursue this pressing need. She therefore, could not support this resolution. A vote on the resolution resulted as follows: Ayes (8) - Hoffman, Peterson, Schroeder, Golder, Booth, Romanowski, Blanchard, Johnson Nays (2) - Daley, Cummings Carried * 16.2 Community Development Application 1990 - 1991 CD Small Cities Application By Alderperson Booth: Seconded by Alderperson Cummings WHEREAS, Common Council recognizes the need to continue efforts which enhance and preserve residential neighborhoods, promote job creation and retention, and improve community facilities, and •7 April 4, 1990 WHEREAS, the Planning and Development Committee has reviewed the proposed Community Development Grant application as adopted by the Ithaca Urban Renewal /Community Development Agency and endorsed by the Planning and Development Board and the Planning and Development Committee of Common Council; now, therefore be it RESOLVED, That the Common Council approve the 1990/1991 Community Development Block Grant Small Cities budget and programs as recommended by the Ithaca Urban Renewal /Community Development Agency, and be it further RESOLVED, That the Mayor be and hereby is authorized and directed to sign upon advice of the City Attorney and the Director of Planning and Development any and all instruments necessary to submit the City's 1990/1991 Community Development application to the United States Department of Housing and Urban Development. Amending Resolution Alderperson Booth moved to delete the portion of the application that deals with Eddy Street Cooperative Market, Inc. The amending resolution was not seconded. Main Motion A vote on the Main Motion resulted as follows: Ayes (8) - Peterson, Johnson, Cummings, Daley, Golder, Schroeder, Romanowski, Blanchard Nay (1) - Booth Abstention (1) - Hoffman (conflict of interest) Carried * 16.3 Fall Creek Recreational River Boundaries By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, Common Council has endorsed the designation of Fall Creek as a Recreational River, on April 5, 1989, and reaffirmed its support on October 4, 1989, and WHEREAS, the Fall Creek Conservation Committee has proposed certain boundaries, within the City of Ithaca, for said designation, and WHEREAS, State Assemblyman Martin Luster has asked Common Council to specify what boundaries it supports for designation, and WHEREAS, the Planning and Development Committee of Common Council conducted a public hearing on the proposed boundaries for designation on March 8, 1990; now, therefore, be it RESOLVED, That Common Council endorses the boundaries as shown on the map entitled "Map of Fall Creek Recreational River Boundaries ", and be it further Alderperson Hoffman requested permission to be excused from both the discussion and the vote on this issue since he has a conflict .? of interest. For 15 months he served on the Board of Directors IS of the Eddy Street Co -op, which is a non - profit organization included in the economic development components of this project. that In addition, he is one of two co- signers on a $15, 000 loan E•.� the co -op received last year. Alderperson Hoffman stated that he would like Alderperson Booth to handle the discussion of the resolution. Discussion followed on the floor with statements from Alderpersons Booth and Cummings. Amending Resolution Alderperson Booth moved to delete the portion of the application that deals with Eddy Street Cooperative Market, Inc. The amending resolution was not seconded. Main Motion A vote on the Main Motion resulted as follows: Ayes (8) - Peterson, Johnson, Cummings, Daley, Golder, Schroeder, Romanowski, Blanchard Nay (1) - Booth Abstention (1) - Hoffman (conflict of interest) Carried * 16.3 Fall Creek Recreational River Boundaries By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, Common Council has endorsed the designation of Fall Creek as a Recreational River, on April 5, 1989, and reaffirmed its support on October 4, 1989, and WHEREAS, the Fall Creek Conservation Committee has proposed certain boundaries, within the City of Ithaca, for said designation, and WHEREAS, State Assemblyman Martin Luster has asked Common Council to specify what boundaries it supports for designation, and WHEREAS, the Planning and Development Committee of Common Council conducted a public hearing on the proposed boundaries for designation on March 8, 1990; now, therefore, be it RESOLVED, That Common Council endorses the boundaries as shown on the map entitled "Map of Fall Creek Recreational River Boundaries ", and be it further 406 0 April 4, 1990 RESOLVED, That Common Council respectfully requests Assemblyman Martin Luster and Senator James Seward to develop appropriate legislation to facilitate the timely designation of Fall Creek, within the City of Ithaca, as a Recreational River, and be it further RESOLVED, That the Mayor of the City of Ithaca be directed to inform the New York State Legislature and the New York State Department of Environmental Conservation that the Common Council of the City of Ithaca does not support any interim or final boundaries that are more extensive within the City of Ithaca than those shown on the map, and be it further RESOLVED, That Common Council requests that such legislation specify that the "interim boundaries" for Fall Creek designation, if any are required, be no more extensive than the final boundaries as shown, in order to avoid unnecessary hardship and confusion for nearby property owners. Alderperson Hoffman suggested that the second Whereas clause be replaced with Cornell wording as follows: "WHEREAS, the Fall Creek Conservation Committee and Cornell University, a major affected private land owner, have proposed certain boundaries, within the City of Ithaca, and certain other conditions as set forth below for said designation, and" No Council member objected and the Whereas Clause above was accepted to replace the Second Whereas Clause in the original resolution. Alderperson Hoffman suggested that the third Resolved of the resolution be deleted. Alderperson Hoffman explained the reason for deleting this Resolved clause and discussion followed on the floor. It was the consensus of Council that that Resolved clause should be left in the resolution. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLVED, That a final Resolved clause (which is the language from Cornell) be added as follows: "RESOLVED, That Common Council requests that such legislation specify that no classification or other treatment of Fall Creek which may occur as the result of Recreational River designation, shall automatically serve to restrict or prohibit utility or similar facilities support- related systems or activities of the Land Grant Institution of the State, Cornell University, in furtherance of its educational purposes, located upstream of the designated area of Fall Creek, including but not limited to the operation of its chilled water plant, water filtration plant (and intakes for the same and for its hydroelectric plant and the necessary dredging of intake areas), storm water drains, utility lines, and foot bridges which might otherwise be permitted but for the Recreational River designation." Discussion followed on the floor on the amendment. Alderperson Hoffman clarified that the language of the amendment refers to activities outside the designation. Cornell is concerned that in some cases, recreational river designation may restrict activities they may wish to pursue outside the designated area, such as withdrawal of water or discharge. Alderperson Daley stated that he has a memo from the City Attorney in which he refers to very similar language that has been submitted to Cornell and are awaiting a response from them. 40 9 April 4, 1990 City Attorney Guttman stated that the language in that memo is the language that was worked on originally and his understanding is that the language that is in that memo to Council was submitted to Shirley Egan and the language which Alderperson Hoffman has just moved was the response from Shirley Egan. He said that he believes the major difference is the word "activity ". Alderperson Daley asked City Attorney if he sees any legal (400", reason why the Council should be concerned with the inclusion of the word "activity". City Attorney Guttman responded that he thinks the word "activities" broadens the intent of this paragraph. This only has to do with activities which take place upstream, outside of the designation and the intent of this is that if DEC is deciding whether to permit this, that they would use a balancing test not automatically excluded. (_0 David Stewart, Cornell University Director of Community C; Relations, stated to Council that the word "activities" is broad but in this context that we are talking about it, it is the type of activities that need to take place on a fairly regular basis to maintain the systems that deal with chilled water and with the public water supply. Fall Creek itself all the way back up several miles is part of the area of the watershed for Cornell's public water supply. Mr. Stewart stated that they have to do some dredging behind the dam where their water intake is, they have to do dredging further down in Beebe Lake where there is intake for the chilled water system, and for the existing hydropower plant. Those are the activities that Cornell is talking about. Mr. Stewart further stated that the way that the designation reads is that it automatically prohibits activities that are now permitted but for which you must apply. Cornell is not saying that they can automatically do something. They would still have to go through a permitting process through DEC but one section of environmental conservation law cancels out the other section because of the way the designation wording and the designation sections of State law exist. He said that Cornell wants to avoid that jeopardy of being prohibited automatically - that is the real concern. Alderperson Schroeder read the following from a memorandum from City Attorney Guttman to the Mayor and members of Common Council, dated April 3, 1990 and expressed the opinion that this language is more understandable than the language from the Cornell resolution: "Resolved, That Common Council request that such legislation specify that no classification or other treatment of Fall Creek which may occur as a result of Recreational River designation, shall serve to restrict or prohibit utility or similar facilities - support related activities of Cornell University in furtherance of its educational purposes, located upstream of the (600" designated area of Fall Creek, which would otherwise be permitted but for the Recreational River designation." City Attorney Guttman stated that there is a difference between that language and the language that is before the Council now. The language which Alderperson Hoffman has moved establishes the balancing test, the designation does not automatically prohibit something. The language which Alderperson Schroeder just read is the language that Cornell proposed originally and he thinks the intent of that language would be that no classification would serve to restrict and therefore if the DEC was going to grant a permit they would not consider designation. 408 10 April 4, 1990 Amendment to the Amending Resolution By Alderperson Golder: Seconded by Alderperson Daley RESOLVED, That in Alderperson Hoffman's amending resolution the fourth line shall read as follows: "shall serve to restrict or prohibit utility or similar facilities- support - related systems or facilities support related activities of the land grant institution, etc." Alderperson Golder's amendment to the Amending Resolution was accepted and therefore will become a part of the Amending Resolution. Alderperson Booth Amending Resolution not limited to the filtration plant hydroelectric plant storm water drains, suggested moving the parenthesis in the thus: "area of Fall Creek (including but operation of its chilled water plant, water and intakes for the same and for its and the necessary dredging of intake areas, utility lines, and foot bridges)," etc. The moving of the parenthesis was accepted by the Council. The Amending Resolution shall read as follows: "RESOLVED, That Common Council requests that such legislation specify that no classification or other treatment of Fall Creek which may occur as the result of Recreational River designation, shall serve to restrict or prohibit utility or similar facilities- support - related systems or facilities- support- related- activities of the land grant institution of the State, Cornell University, in furtherance of its educational purposes, located upstream of the designated area of Fall Creek (including but not limited to the operation of its chilled water plant, water filtration plant and intakes for the same and for its hydroelectric plant and the necessary dredging of intake areas, storm water drains, utility lines, and foot bridges), which might otherwise be permitted for the Recreation River designation." J,6 z, ft� thy) A vote on the Amending Resolution resulted as follows: Carried Unanimously Alderperson Hoffman stated that the resolution needs to refer to the boundary description prepared by the City Attorney. He suggested that in the First Resolved, the following be added after the word "boundaries" - -- "and described in the boundary description, dated April 4, 1990," etc. No Council member objected, therefore, the wording was added to the First Resolved. Alderperson Hoffman suggested for the sake of saving time, that he point to the changes that were made since the Planning Committee meeting and since the public hearing. He referred to a map on the wall and explained the boundaries, specifically in the Stewart Park area as they have been endorsed by the citizens group and accepted by Cornell University. Alderperson Booth referred to the last Resolved clause that was added to the resolution. He asked City Attorney Guttman if the City knows what the likely reaction is of the State of New York, namely DEC, to that last Resolved. City Attorney Guttman stated that we do not know their reaction yet. The Resolved was worked out this week and we do not have any knowledge of whether DEC will accept that or what their reaction will be at this point. Alderperson Booth suggested that the record reflect that the Council directs the Mayor to advise Assemblyman Luster that while the City supports this being added to the legislation, that if the State can't support that, the City would still like the I Wn 10! J 11 April 4, 1990 boundaries to go forward. He stated that he is raising the possibility that the State of New York may object to the Last Resolved because it raises, potentially, some implications for them for this river system. City Attorney Guttman agreed with Alderperson Booth that that should be made a part of the record. No Council member objected. Mayor Nichols stated that he will act on this recommendation and so advise Assemblyman Luster. Amending Resolution By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That in the Fourth Resolved Clause, after the word "specify" in the second line, there be a 1) added. At the end of the sentence, "after nearby property owners ", a semi -colon be inserted and the following wording be added: 112) that responsibility for administration of the designated area be C\j delegated to an appropriate agency of the government of the City of Ithaca. ", and etc. Attorney Guttman suggested that Alderperson Daley's amendment be added as a separate Resolved paragraph. Discussion followed on the floor on the amendment. Alderperson Daley agreed to the make his amendment a separate Resolved to read as follows: "RESOLVED, That Common Council requests of the Department of Environmental Conservation that responsibility for the administration of the designated area be delegated to an appropriate agency of government of the City of Ithaca." (Woo., Council concurred, therefore the separate Resolved was added. Alderperson Schroeder suggested that in the second Resolved clause, after the words "City of Ithaca ", the following be added: "specifying the boundaries endorsed above ", as a ...etc. No Council member objected, therefore, the wording was added to the second Resolved. Amending Resolution By Alderperson Peterson: Seconded by Alderperson Booth RESOLVED, That Stewart Park (but not the Golf Course) be included in the boundaries for designation. Discussion followed with Alderpersons Blanchard, Peterson, Daley, and Golder stating pros and cons of including Stewart Park in the designation for the Recreational River. Margaret Fabrizio, member of the (Fall Creek Conservation Committee, suggested that for the south boundary of that area the Railroad track on the west side of the Youth Bureau would be a good marker to use as a boundary line. The wording for Alderperson Peterson's amendment was changed to read as follows: "That the portion of Stewart Park located northerly of Fall Creek and westerly of the Railroad tracks shall be included within the boundaries, and be it further" A vote on the amendment resulted as follows: Ayes (7) - Johnson, Booth, Schroeder, Daley, Peterson, Hoffman, Golder Nays (3) - Blanchard, Romanowski, Cummings Carried 410 12 April 4, 1990 Amending Resolution By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That all of the remainder of the Golf Course, not already included, be included in the boundary, and that the City Attorney is directed to adjust the boundaries accordingly. Board of Public Works Commissioner Reeves stated that the main objection of the Board to that suggestion was that they did not want to restrict future possible expansion of the Golf Course. Discussion followed on the boundaries of the Golf Course and inclusion of this land for designation. Alderperson Booth quoted from the City Charter regarding boundaries. He stated that City regulations define the Golf Course as part of Stewart Park in Section 241.21. Further discussion followed on the floor. Alderperson Booth added the following words to his amendment: "That this motion does not include any existing Department of Public Works building south of Pier Road, and the City Attorney is directed to draw the boundaries accordingly." Alderperson Booth stated that his intention is not to include any existing Department of Public Works working facility but it is to include any building that is on what we typically think of as the Newman Golf Course. A vote on Alderperson Booth's amending resolution resulted as follows: Ayes (5) - Peterson, Schroeder, Johnson, Golder, Booth Nays (5) - Blanchard, Romanowski, Cummings, Daley, Hoffman Mayor Nichols voted Nay, breaking the tie Motion Fails Mayor Nichols stated that in the interest of getting a stronger support for the designation he had voted Nay. r Alderperson Romanowski asked that his remarks become a part of the record. He stated that he wished to commend Margaret Fabrizio and others for the hard work that has been done on this legislation but he has always been very uncomfortable with the State government's involvement. In any land use regulation, and he believes local zoning is more than adequate for this, zlEonight's'Elee*s2�an on this particular resolution has more than reinforced his thoughts about this. He also finds it interesting that Cornell is approving this designation but exempting much of its activity within the boundaries. Alderperson Romanowski further stated that the City Attorney has answered his question about DEC - that if they grant us local authority in this and they don't like the decisions, they are going to take it back. Alderperson Romanowski commented that if a Council member decides to vote against this resolution, he thinks they are being characterized as insensitive and despoilers of nature and wildlife, in allowing all matter of toxic materials to be dumped into the stream. He stated that he is worried about the private citizens who live along this stream and the impact this legislation will have on them and the enjoyment of their long held property. 0 D 19 ill, 13 April 4, 1990 Alderperson Romanowski stated that he does not hear too much about local conservation efforts done by the City of Ithaca, like bank stabilization projects. The main key also missing is the active participation of Dryden and the Town of Ithaca, whose impacts on this stream are infinitely greater than the City of Ithaca can ever inflict. Alderperson Romanowski stated that lastly, the proposed purpose of this resolution is to prevent the building of a hydropower plant at the Fall Creek site. In the short run, this will probably be accomplished but if there ever is a major energy crisis in this country, rest assured that this site will be reconsidered, deregulation or designation or not - we will have a hydropower site if the country needs power. He thinks that, tonight, anybody looking at this legislative effort and what is being done on the floor of Council, should be very afraid of it. Alderperson Romanowski stated that he was intending to go along C`i_► with the original boundaries, he understands people wanting to protect a natural resource, but the citizens for the last 200 a. years have done a fairly decent job of doing that along Fall Creek and the other creeks and streams in this area. He stated that he worries about the impact this is going to have on future try generations and he worries a tremendous amount about imposing State regulations on what should be a local concern. Alderperson Blanchard stated, for the record, that she thinks it is real easy to support these kind of good environmental things. It is a lot harder to question them and if you do question them, you are cast as a very negative person. Alderperson Blanchard stated that her remarks come from over 24 years as a professional planner, involved as Alderperson Booth has been, in a number of regulatory programs with the State of New York. She stated that the thoughts she has have been developed over the past three weeks with conversations with a number of people. She has spoken with the administrator of the program in Albany and his chief lieutenant, she has spoken with two DEC officers who administer the Recreational Rivers Program in a lower Hudson DEC region. She visited their office and visited a river that has been designated as a recreational river - very successfully. She has also spoken with people in the Town of Riverhead, who have had a fairly gruesome experience with the river designation. In proceeding with this legislation, which was originated in opposition to hydropower, it is her view that we are using this rivers act to really subvert the legislative intent. This was not the legislators purpose in passing this legislation. It is really a misapplication of State law. She stated she does not find that acceptable from an ethical standpoint. Alderperson Blanchard said that if protection of Fall Creek was really the issue here as opposed to hydropower, there is the Federal Clean Water Act, we have a number of other Federal statutes that refer to clean air, we have State laws that refer to the polluting of streams, stream protection laws, pure waters act, SEQR, other State statutes that include flood control, fresh water wetlands, plus our own local County Health Department laws, so we have plenty of legislation that takes care of Fall Creek. Alderperson Blanchard referred to the matter of river corridors that was mentioned by Mr. Weinstein earlier in the meeting. She does not find anything in any of the material that we have been presented with that indicates that there has been any scientific approach to designating a river corridor, that there has been any sort of accurate mapping, that there has been any sort of a process that would be normally acceptable in good planning standards to come to this boundary. She stated that she is very troubled by our involvement with DEC and how this works when you are talking about local land use matters. The legislation says that within one year of an interim boundary designation, there 49 14 April 4, 1990 will be a final boundary designation. What she found was that in Riverhead, the interim boundary designation, which has been very painful for that community, has been in place for two and a half years. They had their public hearing last March; they were promised a final boundary designation by December and it has not arrived yet. The river that she did visit that was a successful recreation river is the Shawangunk Kill, which is south of New Pulse-. It is a very different situation; it is totally rural in an agricultural area. They have had their interim boundary designation for 9 years. She stated that she finds it very discomforting when the laws says one thing and the actualities are so different. Alderperson Blanchard stated that we have been promised local control. From her research she has learned that none of the communities that have designated rivers have local control. Alderperson Blanchard quoted from a DEC report as follows: "The effects of designation as a Recreational River would provide for more stringent zoning by the State to be administered by DEC." She said that is the bottom line. She stated that if this is what everyone wants to do, we should all understand it. She relayed to Council a few of the things people had said to her on the phone: "The town had drawn up their own plan but after DEC studied it they expanded it. If you pass this you lose control. A public hearing after a law is enacted is a big joke. The determination will be made in Albany." "The regulations are short - sighted, contradictory and restrictive. They lock an area into current use even if misused." Finally, the last person she talked with stated: "It is scary how DEC ignores you after they have achieved river designation." Alderperson Blanchard stated that there is no way she can support the designation after she has spent all this time getting the other side of the story. She said that does not make her a defiler of Fall Creek, she sincerely hopes that it will remain the way it is, but she thinks the risk that the City is taking here far outweigh any of the possible very nebulous benefits. Alderperson Cummings stated she agrees that we need energy conservation and she would support an underground environmentally non - obtrusive plant on Fall Creek. She does not think that this particular river designation is going to provide the long term protection of prevention of hydropower that its advocates hope that it will. She shares the belief of Alderperson Romanowski, that within ten or twenty years, perhaps less, there will indeed be hydropower development at that Falls, regardless of what we pass here tonight. Alderperson Cummings stated that she is going to vote for this because she thinks that it may provide the incentive to do further upstream designation. If there is some possibility that our taking this action downstream could bring the towns upstream into supporting designation she is willing to take that chance because that is the part of the stream that needs protection. She stated that she sincerely hopes that these people who have worked so hard for designation will work just as hard to make sure that 1) regulation is workable and sane in this community and 2) will work just as hard to carry this designation where it should be which is upstream. J D 413 15 April 4, 1990 The Main Motion as Amended shall read as follows: WHEREAS, Common Council has endorsed the designation of Fall Creek as a Recreational River, on April 5, 1989, and reaffirmed its support on October 4, 1989, and WHEREAS, the Fall Creek Conservation Committee and Cornell University, a major affected private land owner, have proposed certain boundaries, within the City of Ithaca, and certain other conditions as set forth below for said designation, and WHEREAS, State Assemblyman Martin Luster has asked Common Council to specify what boundaries it supports for designation, and WHEREAS, the Planning and Development Committee of Common Council conducted a public hearing on the proposed boundaries for designation on March 8, 1990; now, therefore, be it 0i ({) RESOLVED, That Common Council endorses the boundaries as shown on the map entitled "Map of Fall Creek Recreational River �• Boundaries ", and described in the boundary description, dated April 4, 1990, and be it further RESOLVED, That Common Council respectfully requests Assemblyman Martin Luster and Senator James Seward to develop appropriate legislation to facilitate the timely designation of Fall Creek, within the City of Ithaca, specifying the boundaries endorsed above as a Recreational River, and be it further RESOLVED, That the Mayor of the City of Ithaca be directed to inform the New York State Legislature and the New York State Department of Environmental Conservation that the Common Council (600e of the City of Ithaca does not support any interim or final boundaries that are more extensive within the City of Ithaca than those shown on the map, and be it further RESOLVED, That Common Council requests that such legislation specify that the "interim boundaries" for Fall Creek designation, if any are required, be no more extensive than the final boundaries as shown, in order to avoid unnecessary hardship and confusion for nearby property owners, and be it further RESOLVED, That Common Council requests of the Department of Environmental Conservation that responsibility for the administration of the designated area be delegated to an appropriate agency of government of the City of Ithaca, and be it further RESOLVED, That the portion of Stewart Park located northerly of Fall Creek and westerly of the Railroad tracks shall be included within the boundaries, and be it further RESOLVED, That Common Council requests that such legislation specify that no classification or other treatment of Fall Creek which may occur as the result of Recreational River designation, shall automatically serve to restrict or prohibit utility or similar facilities- support - related systems or facilities- support- related- activities of the Land Grant Institution of the State, Cornell University, in furtherance of its educational purposes, located upstream of the designated area of Fall Creek (including but not limited to the operation of its chilled water plant, water filtration plant and intakes for the same and for its hydroelectric plant and the necessary dredging of intake areas, storm water drains, utility lines, and foot bridges), which might otherwise be permitted but for the Recreational River designation. 414 16 April 4, 1990 Ayes (8) - Johnson, Booth, Daley, Schroeder, Cummings, Hoffman, Golder, Peterson Nays (2) - Romanowski, Blanchard Carried DESCRIPTION OF NORTHERN BOUNDARY OF FALL CREEK RIVER CORRIDOR Beginning at a point at the intersection of the high water mark of Cayuga Lake, on the southerly boundary of Cayuga Lake, and the northerly boundary of Fall Creek, said point being in the northerly boundary of Stewart Park; running thence northeasterly along the northerly boundary of Stewart Park to its intersection with the westerly boundary of the Lehigh Valley Railroad; running thence in a southerly direction along the westerly edge of the Lehigh Valley Railroad approximately 3,450 feet to a point located 50 feet northerly along said railroad from the north bank of Fall Creek; running thence in a southeasterly direction parallel with and 50 feet northerly from the north bank of Fall Creek, crossing Cayuga Street to a point on the easterly boundary of Cayuga Street, located approximately 20 feet northerly from the north bank of Fall Creek, said point being the intersection of the easterly boundary of Cayuga Street with extended line of a chain link fence on Ithaca School District property running approximately parallel with Fall Creek; running thence in a southeasterly direction along the extended line of the chain link fence and continuing along said chain link fence, approximately parallel to Fall Creek to the end of the chain link fence; continuing thence in a southeasterly direction along the extended line of said chain link fence approximately 5 feet to the south line of a sidewalk which runs through Ithaca School District property approximately parallel with Fall Creek; continuing thence along the south line of said sidewalk to the intersection of the south line of said sidewalk with the westerly boundary of Lake Street; running thence perpendicular to Lake Street approximately 50 feet to the east boundary of Lake Street; running thence in a northwesterly direction along the east line of Lake Street approximately 75 feet to a point of the northwest corner of City Tax Parcel 12 -1 -1; running thence in an easterly direction along the northerly boundary of tax parcel 12 -1 -1 approximately 250 feet to the northeast corner of Tax Parcel 12- 1-1; continuing thence on the same course along a line shown on Tax Maps Numbers 12 and 11 as a match line and along the northerly boundary line of Tax Parcel 6 -2 -1 approximately 600 feet to the northwest corner of Tax Parcel 11 -1 -1, said point being located approximately 12.5 feet westerly from the westerly boundary of Stewart Avenue; running thence easterly approximately 12.5 feet along the north boundary of Tax Parcel 11 -1 -1 to the westerly boundary of Stewart Avenue; running thence in a south- easterly direction along the southwesterly boundary of Stewart Avenue approximately 464 feet to the southeasterly corner of Tax Parcel 11 -1 -2; running thence in an easterly direction perpendicular to and across Stewart Avenue to a point in the easterly line of Stewart Avenue approximately 25 feet northerly of the northerly boundary of the Stewart Avenue bridge; running thence northerly and easterly along the easterly and southerly boundary of Fall Creek Drive, (also known as Wyckoff Drive) as it curves to a point located approximately 145 feet southerly along Fall Creek Drive (also known as Wyckoff Drive) from the intersection of the east boundary of Fall Creek Drive (also known as Wyckoff Drive) and the south boundary of Thurston Avenue, said point being located at the intersection of the easterly boundary of Fall Creek Drive (also known as Wyckoff Drive) and a line extended westerly being a line 10 feet southerly from the southerly boundary of the tennis courts located southeasterly from the intersection of Thurston Avenue and Fall Creek Drive; running thence easterly along said extended line and 10 feet southerly from the southerly boundary of the said tennis courts to the intersection of said line extended easterly and the northeasterly boundary of an asphalt path which runs south- westerly from Prudence Risley Hall to Thurston Avenue; running 0 4 t `i 17 April 4, 1990 thence in a southeasterly direction along the northerly boundary of said asphalt path to the intersection of said asphalt path with the westerly boundary of Thurston Avenue; running thence southerly along the westerly boundary of Thurston Avenue to a point located 25 feet northerly from the north edge of the gorge; running thence westerly parallel with and 25 feet northerly from the north edge of the gorge to its intersection with the line of the west face of the foot ridge over the gorge as extended northerly; running thence southerly to and along the west face of said foot bridge to a point in the center line of Fall Creek. DESCRIPTION OF SOUTHERN BOUNDARY OF FALL CREEK RIVER CORRIDOR Beginning at a point at the intersection of the high water mark at the south end of Cayuga Lake with the east bank of Cayuga Inlet; running thence southerly along the east bank of Cayuga Inlet approximately 1,050 feet to a point marking the intersection of the east bank of the Cayuga Inlet with the south- west corner of Tax Parcel 2 -2 -1; running thence easterly along the south boundary of Tax Parcel 2 -2 -1 approximately 600 feet to a point marked by a 2 -inch square iron pin, said point being located approximately 100 feet southwesterly from the west bank -�� of Fall Creek; running thence southeasterly approximately 1,290 �= feet to a point at the east side of the golf course access gate; running thence easterly approximately 80 feet to the eastern edge of Pier Road; running thence southeasterly along the east edge of Pier Road approximately 950 feet to the north edge of a gravel access road which runs to the Lehigh Valley Railroad; running thence southeasterly along the north edge of said gravel access road to the westerly right -of -way of the Lehigh Valley Railroad; running thence northwesterly along said right -of -way to a point located approximately 50 feet southerly from the south bank of Fall Creek; running thence southeasterly parallel with and 50 feet southerly from the south bank of Fall Creek to the west edge of Woodland Place, being also the easterly right -of -way line of New York State Route 13; running thence southwesterly along the east right -of -way line of New York State Route 13 and the west side of Woodland Place to a point in the north boundary of Tax Parcel 13 -1 -5; running thence northeasterly and southeasterly along the south line of Woodland Place, being also the north lines of Tax Parcel Nos. 13 -1 -5, 13 -1 -6, and 13 -1 -7 215.6 feet to the west boundary of North Cayuga Street; continuing thence along the same course across Cayuga Street to a point being the north- westerly corner of Tax Parcel No. 5 -2 -1; running thence southeasterly along the northeasterly boundaries of Tax Parcel Nos. 5 -2 -1, 5 -2 -6, 5 -2 -7, 5 -2 -8, 5 -2 -9 and 5 -2 -10 a distance approximately 480 feet to the easterly corner of Tax Parcel No. 5 -2 -10, said point being the intersection of the north boundary of East York Street and the west boundary of North Tioga Street; running thence northerly along the west boundary of North Tioga Street to the bank of Fall Creek; running thence southeasterly along the bank of Fall Creek to the northwest corner of Tax Parcel No. 12 -2 -1; running thence southeasterly along the northerly boundary of Tax Parcel Nos. 12 -2 -1 and 12 -2 -2 360 feet to the northeast corner of Tax Parcel No. 12 -2 -2; running thence easterly along the northerly boundary of Tax Parcel No. 12 -2 -13 45.5 feet to the northeast corner of Tax Parcel No. 12 -2 -13; running thence southerly approximately 25 feet along the easterly boundary of Tax Parcel No. 12 -2 -13 to the northwest corner of Tax Parcel No. 12 -2 -12; running thence easterly along the northerly boundary of Tax Parcel No. 12 -2 -12 36.33 feet to a point; running thence southerly approximately 12.5 feet; and running thence easterly along the north boundary to Tax Parcel No. 12 -2 -12 approximately 40 feet to a point; continuing thence along the northerly boundaries of Tax Parcel Nos. 12 -2 -11, 12 -2 -10, 12 -2 -9, 12 -2 -8, 12 -2 -7, 12 -2 -6, 12 -2 -5, and 12 -2 -4 approximately 328.6 feet to the westerly boundary of Lake Street at the southwest corner of the Lake Street bridge over Fall Creek; continuing thence across Lake Street along the south edge of the Lake Street bridge over Fall Creek to a point in the easterly boundary of 41-6 18 April 4, 1990 Lake Street; running thence southerly along the east boundary of Lake Street 401 feet to a point marking the intersection of the east boundary of Lake Street and the southerly boundary of Lincoln Street extended; continuing thence easterly along the southerly boundary of Lincoln Street extended 180 feet to a point marking the southeast corner of Lincoln Street extended; continuing thence on the same course approximately 75 feet to a point in the east Boundary of Tax Parcel No. 12 -7 -5; running thence northerly along the east boundary of Tax Parcel No. 12 -7 -5 approximately 69 feet to a point; running thence easterly along the northerly boundary of Tax Parcel No. 11 -3 -1 100 feet to a point at the southerly boundary of a creek tributary; running thence easterly along the southerly boundary of said creek tributary a chord distance of approximately 362.5 feet to a point in the westerly boundary of Tax Parcel No. 11 -3 -3; running thence southerly along the westerly boundary of Tax Parcel No. 11 -3 -3 approximately 68 feet to a point marking the northwesterly corner of Willard Way; running thence southeasterly and southerly along the northerly and easterly boundaries of Willard Way to the southwesterly corner of Tax Parcel No. 11 -3 -3 said point also being the northwesterly corner of Tax Parcel No. 11 -3 -6; running thence easterly along the southerly boundary of Tax Parcel No. 11 -3 -3 110 feet to a point in the northwesterly boundary of Stewart Avenue; running thence northerly and easterly along the westerly and northerly boundary of Stewart Avenue approximately 298 feet to a point located approximately 35 feet southerly from the Stewart Avenue bridge; running thence in an easterly direction across Stewart Avenue to a point marking the southerly boundary of the Cayuga Trail; running thence easterly along the southerly boundary of the Cayuga Trail to the northwesterly boundary of University Avenue; running thence northerly and easterly along the westerly and northerly boundaries of University Avenue to the intersection of the north line of University Avenue and the west line of Thurston Avenue; continuing thence easterly along the north line of University Avenue as it becomes the north line of Forest Home Drive and along the north line of Forest Home Drive approximately 600 feet to the intersection of the north line of Forest Home Drive with the line of the west face of the foot bridge over Fall Creek Gorge as extended southerly; running thence northerly along said extended line and the east face of the said foot bridge to the center of Fall Creek. *16.4 Northside Land Use Planning By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, the Northside City Land Committee has studied possible future plans for development and use of the northside area, and WHEREAS,one element of these plans is the potential purchase of the so- called "Pogo Parcel," and WHEREAS,the Planning and Development Committee, as well as the Northside City Land Committee and other appropriate committees are continuing to discuss the possible use of the Northside lands for institutional, park, housing and other appropriate uses, both public and otherwise; now, therefore, be it RESOLVED, That Common Council endorses in concept the potential acquisition by the city of the so- called "Pogo Parcel" in order to further pursue said purposes, and be it further RESOLVED, That the Mayor is hereby authorized to continue negotiations with the owner of the "Pogo Parcel" to see if it is possible to arrive at an appropriate price for that parcel, and be it further RESOLVED, That the office of the Planning Director is directed to initiate required SEQR review for said acquisition. D o ( ), f L171 <t 19 April 4, 1990 Discussion followed on the floor. Mayor Nichols noted that this resolution was strongly endorsed by the Northside Civic Association. A vote on the resolution resulted as follows: Ayes (9) - Blanchard, Cummings, Daley, Johnson, Schroeder, Peterson, Hoffman, Golder, Booth Nay (1) - Romanowski Carried * 16.5 Proposal to Create a City Bicycle Advisory Council By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, bicycling is an efficient, clean, healthy, inexpensive, non - congesting means of transportation, 'which benefits the City of Ithaca and its citizens, and WHEREAS, Ithaca currently lacks a system of safe, efficient bikeways for recreation, short trips within the city, and commuting, and WHEREAS, the New York State Department of Transportation Design manual (sections 18.01 and 18.08.01) states that "whenever a highway is being constructed, reconstructed, or rehabilitated and there is existing or anticipated pedestrian or bicyclist traffic, the designer should evaluate what type of facility would provide for safe and convenient pedestrian or bicycle travel ", and WHEREAS, an Ithaca bikeway plan, prepared for the city in 1975 but not implemented, is being updated, and WHEREAS, this work deserves formal attention from the city; now, therefore, be it RESOLVED, That the Mayor, with the approval of Common Council, is directed to appoint a Bicycle Advisory Council to be composed of seven (7) members, a majority of the members to be city residents, and a majority of the members to be bicyclists, with liaisons from the Board of Public Works, Common Council, the Parks Commission, and the Planning and Development Board, and be it further RESOLVED, That terms of office for the Bicycle Advisory Council shall be three (3) years except that of the initial appointments, two shall expire 12/31/90, two on 12/31/91, and three on 12/31/92 and be it further RESOLVED, That the Bicycle Advisory Council shall be charged with the following: 1) to develop for presentation to Common Council within one year, using input from members of the Ithaca community, city government, and adjacent jurisdictions, a comprehensive plan for bicycle routes and facilities for safe and efficient bicycling throughout the City of Ithaca, and 2) to review, at least once every six months, ongoing and upcoming city projects in order to assess their impacts on bicycling, and advise appropriate city bodies with respect to proper implementation of the bikeway plan vis -a -vis those projects, and 3) to make other recommendations regarding bicycling, as appropriate. Discussion followed on the floor. 417 4 1 20 .April 4, 1990 Alderperson Golder suggested that #2 of the last Resolved Clause read as follows: 2) to review, at least once every six months, ongoing and upcoming city projects in order to assess their impacts on bicycling, and advise appropriate city bodies with respect to facilitating bicycling within the city and feasible implementation of the eventual bikeway plan vis -a -vis those projects, and No Council member objected. Therefore, the wording was added to the resolution. A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 16.6 Marina Expansion — City Comments to State on EIS Process By Alderperson Hoffman: Seconded by Alderperson Peterson WHEREAS, the Finger Lakes Park Commission (the Commission) is considering the expansion /development of Treman Park Marina (the Park), and WHEREAS, the Commission is beginning to develop a draft environmental impact statement regarding the proposed expansion /development of the Park, and WHEREAS, the Common Council wishes to advise the Commission respecting certain issues that the Council would like to see addressed in the draft environmental impact statement being prepared by the Commission; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca adopts the memorandum (said memorandum is addressed to the Commission and is dated March 22, 1990) which sets forth a statement of concerns that should be addressed in the draft environmental impact statement being prepared by the commission regarding its plans for the expansion /development of the Park, and be it further RESOLVED, That the Common Council directs the Mayor to transmit this memorandum to the Commission as quickly as possible. The memorandum to The Finger Lakes Parks Commission from the Common Council of the City of Ithaca, dated March 22, 1990 reads as follows: "The Common Council of the City of Ithaca welcomes the opportunity to provide these comments regarding the topics and issues that should be covered in the Draft Environmental Impact Statement (DEIS) that the Finger Lakes Park Commission is preparing with respect to its expansion /development plans for the Treman Park Marina (the Park). We will look forward to reviewing and commenting on the DEIS when it has been prepared. NEED FOR THE PROPOSED PROJECT The DEIS must provide a fair and careful analysis of the need to undertake the proposed expansion /development of the Park. At the present time the Park and the lands surrounding it provide a variety of recreational opportunities - ranging from very intensive to very passive. The plans that have been suggested for expanding /developing the Park may well enhance certain opportunities and values (e.g., greater access to Cayuga Lake for persons owning large boats), but they will inevitably do so at the costs of other opportunities and values (e.g., the reduction of lake shore open space that can be utilized for passive, outdoor recreation and leisure). A decision to go forward with the proposed expansion /development plans will greatly please some people, and a decision not to proceed with those plans will greatly please some people. Accordingly, it is critical importance that the DEIS examine closely the need for this proposed project. rr� 41.9 21 DESCRIPTION OF EXISTING CONDITIONS April 4, 1990 The DEIS must carefully assess existing environmental conditions in the Park and in the area surrounding the Park. Among the most important existing conditions that must be assessed are the following: 1. current (and projected) levels of outdoor recreational uses at the southern end of Cayuga Lake (e.g., boating access and use by large boats; boating access and use by small boats and other small water craft; active recreational uses; and passive recreational uses such as walking, picnicking, and watching wildlife); and an assessment of the balance that exists among these different types of recreational uses around the southern end of Cayuga Lake at the present time; 2. the current (and projected) availability of areas and facilities that allow /encourage outdoor recreational uses; 3. the amount and quality of publicly- owned, open space land -.� areas available for different types of recreational uses around the southern end of Cayuga Lake, with particular focus on both: b_ (a) the amount and quality of those types of areas available for passive outdoor recreational uses (e.g., walking and watching wildlife), and (b) the amount and quality of those types of areas for passive recreational uses that are easily accessible to the increasing urban population in and near the City of Ithaca; 4. the amount and quality of land areas that provide important wildlife habitat around the southern end of Cayuga Lake; and 5. the aesthetic qualities of the existing open space areas that adjoin the developed portions of the presently developed marina area. IMPACTS OF THE PROPOSED PROJECT Obviously the DEIS must address the various impacts that may be created by the proposed project and by any alternatives being considered for that project. Among the most important impacts that the DEIS must address are the following: 1. the loss and /or degradation of critical or important habitat for wildlife, including but not limited to impacts caused: (a) by eliminating /reducing the existing buffer areas around the Hogs' Hole, (b) by expanding the numbers of people and vehicles using the Park, and /or (c) by mowing the field areas that now exist in the so- called Festival Lands; 2. any impacts on plant life or wildlife (including but not limited to any endangered, threatened, or rare plant or wildlife species or any species designated as being of special concern) in or adjacent to the Park caused by the development of the project or by increased or altered human use of the Park and surrounding areas; 3. the loss of any future opportunity to enhance and /or increase wildlife habitat at the southern end of Cayuga Lake by utilizing those areas in and adjacent to the Park that are currently in an open, semi -wild condition; 4. the overcrowding caused by the increased use of large boats on the southern portion of Cayuga Lake; 5. the pollution impacts caused by increased use of boats with motors at the southern end of Cayuga Lake; 6. the loss of what has become an increasingly important area for passive, outdoor recreational opportunities near the shores of Cayuga Lake (i.e., the so- called Festival Lands are 420 22 April 4, 1990 increasingly important in their current undeveloped state for such passive recreational activities as walking and watching wildlife), with a particular focus on what this loss will mean as the population of this area of the state grows; 7. the aesthetic impacts of changing the open space character of much of the land adjoining the existing developed marina area into a more intensively used area; 8. from both statewide and local perspectives, the relative impacts on the availability of recreational resources that will be caused by undertaking the proposed project (and by not undertaking it); and 9. the impacts of any future development of the marina beyond the limits of the current proposal. 10. the impacts of the proposed project in terms of the number of people that will use the expanded marina during the months of the year that it will be in operation compared to the number of people that utilize the existing marina during those months; and the impacts of the proposed project in terms of the number of people that will utilize the expanded marina during the months the marina is in operation compared to the number of people that on a year -round basis utilize or may utilize the undeveloped areas of the existing Park and the undeveloped areas that currently adjoin the existing Park. ALTERNATIVES TO THE PROPOSED PROJECT The DEIS must carefully assess all reasonable alternatives to the proposed project (and the impacts associated with those alternatives), including but not limited to the following: 1. the possibility of not undertaking any expansion of the developed portions of the Park; 2. the possibility of not expanding the existing marina, but instead installing a paved sidewalk along the western edge of the marina in a northerly direction to the lake shore in order to provide easy access for people with wheelchairs, walkers, bicycles, and baby carriages and strollers through that essentially undeveloped area to the edge of the lake; 3. the possibility of significantly expanding the existing Hogs' Hole wetland to the south and east in order to provide a larger area for wildlife habitat; 4. the possibility that the Festival Lands will remain in the ownership of the City of Ithaca and the alternative choices that this fact will impose in terms of the future use and possible development of the Park; and 5. the various techniques New York State might utilize to guarantee: (a) that its future management of an expanded Park will in fact protect the sensitive wildlife habitat that now exists in or adjacent to the Park, and (b) that there will be no further expansion of the developed portions of the Park beyond the limits of the current proposal." Alderperson Hoffman referred to a memo from Alderperson Blanchard which has some changes to the wording of the Memo to the Finger Lakes Parks Commission. The suggestions were as follows: "Page 1. Under Need for the Proposed Project - Delete (eg. greater access to Cayuga Lake for persons owning large boats). Insert instead (eg. increased boating opportunities on Cayuga Lake). W-U 23 April 4, 1990 Page 2. Paragraph 2. - Add "at the southern end of Cayuga Lake" following "outdoor recreational uses." Paragraph 5. Revise to read "the aesthetic qualities of both the existing open space areas and the developed portions of the presently developed marina area." (Woo, Page 3. Paragraph 4. - Revise to read "the impact of increased boating on the southern portion of Cayuga Lake." Page 4. Following Paragraph 10. - Add a paragraph 11. "the economic impact of the proposed project on area businesses." Alderperson Hoffman stated that he has no objections to the changes for pages 1, 2, and 3 that Alderperson Blanchard has suggested. They were therefore added to the memorandum to the State. Discussion followed on the floor on the changes to page 4. ' Amendment to Memorandum from Alderperson Blanchard t"r,? By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That on Page 4, add a paragraph 11 to read as follows: "the economic impact of the proposed project and its possible alternatives on area businesses." Inlet Land Disposition and Route 96 /89_ProjectlDowntown Building Height - Reports Alderperson Hoffman reported that the Planning Committee did not support the resolution to ask the State to move Route 89 alignment further north on the island and the Planning Committee did not endorse a lower building height for downtown buildings. Alderperson Hoffman stated that in regard to the downtown building height issue, there is no additional protection for downtown, there is no incentive zoning that would give the city some of the assets it might want in exchange for taller buildings. He wanted the Council to be aware that unless something else is proposed, additional tall buildings are permitted without any restriction to them. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That the matter of building height for downtown (400", buildings be referred to the Planning and Development Committee with direction to study the overall aspects of zoning in downtown to include incentive zoning, building heights, parking requirements, and other appropriate measures for re- zoning of downtown. Carried Unanimously Ayes (9) - Blanchard, Romanowski, Cummings, Daley, Booth, Peterson, Schroeder, Johnson, Golder Nay (1) - Hoffman Carried (Wo", Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously Inlet Land Disposition and Route 96 /89_ProjectlDowntown Building Height - Reports Alderperson Hoffman reported that the Planning Committee did not support the resolution to ask the State to move Route 89 alignment further north on the island and the Planning Committee did not endorse a lower building height for downtown buildings. Alderperson Hoffman stated that in regard to the downtown building height issue, there is no additional protection for downtown, there is no incentive zoning that would give the city some of the assets it might want in exchange for taller buildings. He wanted the Council to be aware that unless something else is proposed, additional tall buildings are permitted without any restriction to them. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That the matter of building height for downtown (400", buildings be referred to the Planning and Development Committee with direction to study the overall aspects of zoning in downtown to include incentive zoning, building heights, parking requirements, and other appropriate measures for re- zoning of downtown. Carried Unanimously 42,9 24 April 4, 1990 CHARTER AND ORDINANCE COMMITTEE: * 17.1 Revocable License for Outdoor Alcohol Service and Consumption - Simeon's Restaurant By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, in 1987, 1988 and 1989 the City of Ithaca issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine + whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000 insurance under the Dram Shop Act; now, therefore, be it RESOLVED, for the year 1990, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and Simeon's Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in the application therefor, including minimum Dram Shop coverage in the amount of $500,000 and Commons Advisory Board approval for outdoor dining permits. Alderperson Booth spoke against the resolution. He believes this resolution encourages the use of alcohol. Ayes (9) - Peterson, Johnson, Golder, Schroeder, Daley, Hoffman, Cummings, Blanchard, Romanowski Nay (1) - Booth Carried * 17.2 Revocable License for Outdoor Alcohol Service and Consumption - T.J. Tuesday's Restaurant By Alderperson Peterson: Seconded by Alderperson Cummings WHEREAS, in 1988 and 1989 the City of Ithaca issued a license to T.J. Tuesdays Restaurant allowing that restaurant to utilize certain areas on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the including outdoor dining, and Ithaca Commons, WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at T.J. Tuesdays, including the sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the sale and consumption of alcohol should be covered by a minimum of $500,000 insurance under the Dram Shop Act; now, therefore, be it 25 April 4, 1990 RESOLVED, for the year 1990, that Common Council hereby approves a revocable license agreement for the outdoor sale and consumption of alcohol between the City and T.J. Tuesday's Restaurant upon the terms and conditions set forth in the application therefor, including an end to sale and service of alcohol no later than 8:30 P.M. everyday and consumption of alcohol no later than 9:00 P.M. daily and including minimum Dram Shop coverage in the amount of $500,000. This agreement is made (woo" pending a Commons Advisory Board permit for outdoor dining that stipulates an ending time of 9:00 P.M. for such outdoor dining. Discussion followed on floor regarding the conditions that are being set with regards to T.J. Tuesdays. Several Alderpersons expressed concern because of complaints about inappropriate behavior at this establishment. RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City hall, 108 East Green Street, Ithaca, New York on Wednesday, May 2, 1990 at 7:00 p.m., and, be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and, be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously ORDINANCE NO. 90 - AN ORDINANCE AMENDING FOOTNOTE 1 TO THE "PARKING SPACE REQUIREMENTS CHART" OF SECTION 30.37 (A) (4) OF THE MUNICIPAL ZONING ORDINANCE WHEREAS, footnote 1 to the current "Parking Space Requirements Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance directs that parking spaces in rental dwelling units must be provided by the owner of the units without additional charge to the tenant, and A vote on the resolution resulted as follows: (�) Ayes (7) - Daley, Romanowski, Blanchard, Golder, Johnson, Cummings, Schroeder Nays (3) - Booth, Peterson, Hoffman Carried Cf.] * 17.3 Amendment to Footnote 1 Section 30.37 of the Zoning Ordinance - Call for Public Hearing By Alderperson Peterson: Seconded by Alderperson Johnson RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance Number 90 - entitled "An Ordinance Amending Footnote 1 of Section 30.37 of Chapter 30 Entitled (Woo 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City hall, 108 East Green Street, Ithaca, New York on Wednesday, May 2, 1990 at 7:00 p.m., and, be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and, be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously ORDINANCE NO. 90 - AN ORDINANCE AMENDING FOOTNOTE 1 TO THE "PARKING SPACE REQUIREMENTS CHART" OF SECTION 30.37 (A) (4) OF THE MUNICIPAL ZONING ORDINANCE WHEREAS, footnote 1 to the current "Parking Space Requirements Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance directs that parking spaces in rental dwelling units must be provided by the owner of the units without additional charge to the tenant, and 42`1 26 April 4, 1990 WHEREAS, there have been significant changes in traffic patterns in the City such that the Common Council of the City of Ithaca wishes to discourage the use of automobiles, where appropriate, and encourage the use of public transportation, walking, and the use of bicycles as alternatives to car use, and WHEREAS, the Common Council of the City of Ithaca wishes to ensure that the owners of automobiles bear the full burden for the cost of maintaining such automobiles, and WHEREAS, it appears that the requirement that owners of rental dwelling units provide parking spaces for free for their tenants has encouraged the practice of raising the rent for all tenants whether they are car owners or not as a method of recouping the profits which would have been made-by directly charging tenants with cars for parking spaces; now, therefore, be it RESOLVED! Footnote 1, to the "Parking Space Requirements Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance is hereby amended to remove the sentence which reads: "In the case of rental dwelling units, the required number of parking spaces must be provided by the owner without additional charge to the tenant." Discussion followed on the floor regarding the resolution. Building Commissioner Datz answered questions from Council members. Alderperson Hoffman suggested removing, in the 3rd Whereas Clause, the words "burden for the ". Alderperson booth suggested in the fourth Whereas Clause, the words "has" be deleted and the words "may have" be inserted. No Council member objected to either suggestion and the change in wording was accepted. Amending Resolution By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the second Whereas clause be deleted from the resolution. Ayes (6) - Nays (4) - Peterson, Booth, Johnson, Daley, Blanchard, Romanowski Hoffman, Cummings, Schroeder, Golder Carried The resolution as amended shall read as follows: ORDINANCE NO. 90 - AN ORDINANCE AMENDING FOOTNOTE 1 TO THE "PARKING SPACE REQUIREMENTS CHART" OF SECTION 30.37 (A) (4) OF THE MUNICIPAL ZONING ORDINANCE WHEREAS, footnote 1 to the current "Parking Space Requirements Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance directs that parking spaces in rental dwelling units must be provided by the owner of the units without additional charge to the tenant, and WHEREAS, the Common Council of the City of Ithaca wishes to ensure that the owners of automobiles bear the full cost of maintaining such automobiles, and ,16-9 D 27 April 4, 1990 WHEREAS, it appears that the requirement that owners of rental dwelling units provide parking spaces for free for their tenants may have encouraged the practice of raising the rent for all tenants whether they are car owners or not as a method of recouping the profits which would have been made by directly charging tenants with cars for parking spaces; now, therefore, be it Motion to Extend Common Council Meeting for One -half Hour By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, That the meeting be extended one -half hour. Carried Unanimously City Environmental Quality Review Hearing - Report Alderperson Peterson reported that the Charter and Ordinance CC Committee is re -doing the City Environmental Quality Review legislation. HUMAN SERVICES COMMITTEE: (Items held over from 3/7/90 Council meeting) Community Arts Coalition - Report Alderperson Johnson reported that the Tompkins County Task Force for Cultural Resources and the Community Arts Coalition have been busy the last two months meeting with the various artists in the community and business and governmental people to find out (400" their perspective on the Arts Coalition and what the future of the former Arts Council should be in the City and in the County at large. There will be a report forthcoming. Tompkins /Cortland Labor Coalition Employment Maintenance - _Report Alderperson Johnson reported that the Labor Coalition report focused in March on the Postal workers and it appears that many of the positions (50 to 60) that are here in Ithaca, are going to remain here. Fire Department Volunteers - Report Alderperson Johnson reported that the coordinator came on board this past Fall. At this time there are 68 active volunteers. There are 12 new members that have begun the 45 hour training session and the coordinator is working with students at Cornell to develop PR to recruit new volunteer members. Housing Trust Fund - Resolution This item was removed from the agenda as the legislation was passed by the House of Representatives on April 3, 1990. HUMAN SERVICES COMMITTEE: * 18.1 Traffic Enforcement By Alderperson Daley: Seconded by Alderperson Johnson WHEREAS, to ensure public safety, there is a need to increase the enforcement of existing moving traffic laws, such as stopping at traffic lights and stop signs as well as obeying speed limits, and WHEREAS, the Human Services Committee has consulted with the Chief of Police and heard recommendations from the Board of Public Works; now, therefore, be it RESOLVED, That the Human Services Committee requests that the Budget and Administration Committee examine ways that the City can hire an additional officer whose sole responsibility will the aforementioned traffic enforcement. RESOLVED, Footnote 1, to the "Parking Space Requirements Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance is hereby amended to remove the sentence which reads: "In the case of rental dwelling units, the required number of parking spaces must be provided by the owner without additional charge to the tenant." Motion to Extend Common Council Meeting for One -half Hour By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, That the meeting be extended one -half hour. Carried Unanimously City Environmental Quality Review Hearing - Report Alderperson Peterson reported that the Charter and Ordinance CC Committee is re -doing the City Environmental Quality Review legislation. HUMAN SERVICES COMMITTEE: (Items held over from 3/7/90 Council meeting) Community Arts Coalition - Report Alderperson Johnson reported that the Tompkins County Task Force for Cultural Resources and the Community Arts Coalition have been busy the last two months meeting with the various artists in the community and business and governmental people to find out (400" their perspective on the Arts Coalition and what the future of the former Arts Council should be in the City and in the County at large. There will be a report forthcoming. Tompkins /Cortland Labor Coalition Employment Maintenance - _Report Alderperson Johnson reported that the Labor Coalition report focused in March on the Postal workers and it appears that many of the positions (50 to 60) that are here in Ithaca, are going to remain here. Fire Department Volunteers - Report Alderperson Johnson reported that the coordinator came on board this past Fall. At this time there are 68 active volunteers. There are 12 new members that have begun the 45 hour training session and the coordinator is working with students at Cornell to develop PR to recruit new volunteer members. Housing Trust Fund - Resolution This item was removed from the agenda as the legislation was passed by the House of Representatives on April 3, 1990. HUMAN SERVICES COMMITTEE: * 18.1 Traffic Enforcement By Alderperson Daley: Seconded by Alderperson Johnson WHEREAS, to ensure public safety, there is a need to increase the enforcement of existing moving traffic laws, such as stopping at traffic lights and stop signs as well as obeying speed limits, and WHEREAS, the Human Services Committee has consulted with the Chief of Police and heard recommendations from the Board of Public Works; now, therefore, be it RESOLVED, That the Human Services Committee requests that the Budget and Administration Committee examine ways that the City can hire an additional officer whose sole responsibility will the aforementioned traffic enforcement. 426► 28 April 4, 1990 Discussion followed on the floor with Chief McEwen answering questions from Council members. A vote on the resolution resulted as follows: Carried Unanimously Closing Southside Emergency Shelter - Report Alderperson Johnson read the following resolution of appreciation that is being presented to Roberta Glasser: R E S O L U T I O N WHEREAS, LaBerta Glasser has demonstrated her concern for the homeless over the past several years, and WHEREAS, she was the co- founder of the Homeless Task Force in October 1987, and WHEREAS, she brought forward a request to Common Council that the City open an Emergency Homeless Shelter, and WHEREAS, she served as the first Volunteer Shelter Director and has continued to do outreach and intake for the shelter; now, therefore, be it RESOLVED, That the Common Council, on behalf of the City of Ithaca, commends LaBerta Glasser for her concern regarding the welfare of the homeless and for her efforts and successes on their behalf to establish and maintain the Temporary Emergency Homeless Shelter, and, be it further RESOLVED, That this Resolution be spread upon the minutes of this Glasser. meeting and a copy forwarded to LaBerta Alderperson Johnson reported that over the past year, there have been 86 different individuals who used the Southside Emergency Homeless Shelter and we ended with 995 bed nights. He further reported that several of the persons who worked with the Homeless Task Force worked with a sub -group focusing on emergency shelter to work toward a plan where the Red Cross would be able to provide shelter for some of the people who had been using the Southside Emergency Shelter. They are looking at the Department of Social Services finding a facility and maybe EOC developing and carrying on a program that would provide for those people who wouldn't be sheltered in the Red Cross program. Tompkins /Cortland Employment Maintenance - Report Alderperson Johnson stated that he will report on the trip to Elmira with the postal workers at the next Council meeting. BUDGET AND ADMINISTRATION COMMITTEE: * 19.1 Police Department Standardization of Badges By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on badges manufactured by the Entenmann -Rovin Company as the badges to be used by the Police Officers of the Ithaca Police Department, and to authorize the City to purchase approved badges from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interests of the City for reasons of efficiency, uniformity, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Police Department presently has all Entenmann -Rovin badges. ,.y r1 ir.r 1 29 April 4, 1990 2. This action will provide for the standardization of all badges for the Police Department so that all Police Officers will have the same type badges which will be easily recognized by members of the public as the official badges of the City of Ithaca Police Department. 3. Present Entenmann -Rovin badges are satisfactory to the uses of the City of Ithaca Police Department; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the _standardization of badges manufactured by the Entenmann -Rovin Company as the badges to be used and purchased by the City of Ithaca Police Department for the year 1990. Carried Unanimously 19.2 Police Department Standardization of Radio Equipment �e By Alderperson Booth: Seconded by Alderperson Peterson +� WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Motorola radio equipment as the type of equipment to be used by the Ithaca Police Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve (,Moe such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Police Department presently has all Motorola radio equipment and radio console. 2. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 3. Labor costs for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. 4. Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. 5. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it * 19.3 Resolution Authorizing the City Chamberlain to Include Emergency Phone Number Stickers with Tax Bills By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, Police Chief McEwen has requested permission to enclose an emergency phone number sticker with the second installment of the 1990 City Tax bill, and WHEREAS, it is necessary for Common Council to approve all such enclosures; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by the City of Ithaca Police Department during the year 1990. Carried Unanimously * 19.3 Resolution Authorizing the City Chamberlain to Include Emergency Phone Number Stickers with Tax Bills By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, Police Chief McEwen has requested permission to enclose an emergency phone number sticker with the second installment of the 1990 City Tax bill, and WHEREAS, it is necessary for Common Council to approve all such enclosures; now, therefore, be it 4 21 '1 30 RESOLVED, That this Common Council approves and enclosure of an emergency phone number sticker installment of the 1990 City tax bill. Carried Unanimously April 4, 1990 authorizes the with the second * 19.4 Denial of Request to Expunge Interest and Penalties on 117 West State Street 1989 School Tax By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, a request has been received on behalf of Corners Community Center, Inc. to waive the penalty on the 1989 School Tax, currently being collected by the City Chamberlain, because the owners did not receive the bill, and WHEREAS, the Budget and Administration Committee has considered this request, and WHEREAS, the New York State Real Property Tax Law provides that failure to receive the bill shall not affect the validity of the tax or interest penalties; now, therefore, be it RESOLVED, That the request to waive penalty on the 1989 School Tax for 117 West State Street be denied. Carried Unanimously * 19 5 Denial of Request to Expunge Penalty on 1990 First Installment of City Tax for 831 -915 Cliff Street By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, a request has been received on behalf of Orthopedic Associates of Ithaca to waive penalty on 1990 City Tax, First Installment, for 831 -915 Cliff Street, 821 Cliff Street and 815 Cliff Street because the bills were presented to the Chamberlain's Office on February 1st, the same day the bills would have been received by the Chamberlain's Office had they been mailed, and WHEREAS, the Budget and Administration Committee has considered this request, and WHEREAS, City Charter and Real Property Tax Law provides that penalties will be collected on bills not paid or postmarked by January 31st; now, therefore, be it RESOLVED, That the request to waive penalties on 1990 City Tax, First Installment bills for Orthopedic Associates' Cliff Street properties is denied. Carried Unanimously * 19.6 Request to Amend Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the authorized equipment list for Water and Sewer funds be amended, by deleting one full size sedan and adding one pickup truck. Carried Unanimously * 19.7 City Participation in Trash Tag System for Low Income Residents By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Tompkins County Department of Social Services has established a program to subsidize the sale of trash tags to low income residents; now, therefore, be it RESOLVED, That the City Chamberlain is authorized to sell 758 sheets of City Trash Tags to the Tompkins County Department of Social Services for the base tipping fee cost of $8.40 per sheet, and be it further RESOLVED, That Common Council reserves determination of future city participation in this program, subject to an evaluation of the criteria established by the County for the distribution of such tags by Social Services. J 31 April 4, 1990 Discussion followed on the floor. Carried Unanimously * 19.8 Renovations to Youth Bureau 15- Passenger Van By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That an amount not to exceed $7,000 be transferred from Account A1990 Unrestricted Contingency to Account A7310 -476 Equipment Maintenance, for renovations to a 15- passenger van, (aw" which was damaged in an uninsured accident in December of 1989. Carried Unanimously * 19.9 Southwest Drainage Study By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca has received a proposal from Cornell University to perform a run -off calibration study for the period November 1, 1989 through December 31, 1990, in connection with the overall southwest drainage study; now, therefore, be it ( \.i RESOLVED, That the Superintendent of Public Works be authorized to enter into an agreement with Cornell University for basic study and other professional agencies for related support analytical testing, and be it further =..:j RESOLVED, That $17,500 be transferred from Account A1990 Restricted Contingency to Account A1440 -435 Contractual Services in the amount of $16,000 and $1,500 Account A1440 -425 for the preparation of such study. Ayes (9) - Cummings, Booth, Romanowski, Daley, Schroeder, Johnson, Peterson, Hoffman, Golder Nay (1) - Blanchard (4w" Carried * 19.10 Request to Amend Authorized Equipment List - City Prosecutor's Office By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the authorized equipment list for the City Prosecutor's Office be amended to include one Word Processing System, for an amount not to exceed $1,500.00, and be it further RESOLVED, That $1,500 be transferred from Account A1110 -430 Contractual Services to Account A1110 -210 Office Equipment for the procurement thereof. Carried Unanimously * 19.11 Audit By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the bills presented, as listed on Audit Abstract #6/1990, in the total amount of $39,806.76, be approved for payment. Carried Unanimously Motion to Extend Meeting By ALderperson Daley: Seconded by Alderperson Johnson RESOLVED, That this Common Council meeting be extended 15 minutes. Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: Mayor Nichols reported that this committee will be meeting on Friday, April 6 to discuss the City Hall Annex. It was suggested that this committee establish a definite meeting time so that it could be placed on the monthly calendar. Mayor Nichols stated this will be discussed at the April 6 meeting. 32 April 4, 1990 NEW BUSINESS• Alteration to Term of Position for Assistant City Attorney By Alderperson Booth: Seconded by Alderperson Peterson WHEREAS, Attorney John Kelleher, who was serving as a part -time assistant in the Office of the City Attorney, has resigned effective March 30, 1990, and WHEREAS, the Mayor and the City Attorney have requested that alterations be made to the position of Assistant City Attorney which would allow them to reintegrate the position of Assistant City Attorney into a single position and to hire an experienced attorney for this position, and WHEREAS, the Mayor and the City Attorney have requested that the position of Assistant City Attorney be altered to create a single, .80 (i.e., 4 days per week) exempt position and that the annual salary for that position be established at $36,000 with City Civil Service fringe benefits included in order to allow them to hire current part -time Assistant City Attorney Patricia Kennedy for the position; now, therefore, be it RESOLVED, That the position of Assistant City Attorney, for the remainder of the 1990 fiscal year, is altered to a 32 -hour (.8 time) per week exempt position with a salary of $36,000 per year with fringe benefits, and be it further RESOLVED, That the 1990 budget is amended in the following manner: 1. $14,066 from contract services allocated for Assistant City Attorney John Kelleher; 2. $10,022 from contract services allocated for Assistant City Attorney Patricia Kennedy; 3. $4,700 remaining from the benefits originally budgeted for the Staff Attorney position; 4. $2,217 from t] Office; 5. $4,511 from the Such transfers and fringe benefits 1990 to December 31, 1e Restricted Contingency for the Mayor's Unrestricted Contingency Fund; totalling $35,516 necessary to fund salary for this position for the period April 9, 1990. Alderperson Booth gave background information on the resolution and discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Booth, Peterson, Daley, Golder, Hoffman, Johnson, Blanchard, Romanowski, Schroeder Nay (1) - Cummings Carried * 22.2 Amendment to Section 27.10 of Chapter 27 - Referral Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the following resolution be referred to the Charter and Ordinance Committee for review and report back to Common Council. Carried Unanimously WHEREAS, placing refuse (garbage) disposal containers in the front yards of residential properties for extended periods of time can create serious negative aesthetic impacts, can seriously diminish the residential character of neighborhoods, can cause significant harm to property values on nearby properties, can J 19 413 d 33 April 4, 1990 discourage people living on neighboring properties from reinvesting in their properties and can encourage those people to move out of their neighborhoods and thereby diminish the residential nature of those neighborhoods; and WHEREAS, there have been reports of a significant increase in recent months in the numbers of refuse containers placed in front (Woo" of residential properties; and WHEREAS, it appears that the institution of the garbage tag system has encouraged owners of a number of rental properties to place refuse disposal containers in front of residential structures that they own; now, therefore, be it RESOLVED, That this Common Council does hereby adopt the following provisions in order to prohibit the placement of refuse containers in front yards. C�l 0 Section 1. Section 27.10 of Chapter 27 of the City of Ithaca Municipal Code (entitled "Housing Code ") is hereby amended by adding a new subdivision E as follows: L�.1 E. (1) It shall be prohibited for any person to place or leave a <1 container used for collecting refuse (garbage) in the front yard of any residential property. (2) The term "front yard" as used in this subdivision shall be defined in the same way as it is in section 30.3 (B)(97)(a) of Chapter 30 (entitled "Zoning ") of the city of Ithaca Municipal Code. (3) The term "refuse" as used in this subdivision shall be defined in the same way as it is in section 69.1(M) of Chapter 69 (entitled "Collection of Refuse ") of the City of Ithaca Municipal Code. (4) This subdivision shall not be deemed to prohibit the placement of a refuse container(s) near a curbside or near the side of a street for a period of time not exceeding twenty consecutive hours within any seven day period in order to permit regular collection of refuse by the City of Ithaca or by any private waste hauler which is properly doing business in the City of Ithaca. Section 2. Chapter 69 (entitled "Collection of Refuse ") is hereby amended as follows: A. Section 69.11 (entitled "Regulations ") and section 69.12 (entitled "Effective date ") of said Chapter are hereby renumbered 69.12 and 69.13, respectively. B. A new section 69.11 is hereby added to said Chapter, such section to read as follows: 69.11 Prohibited Acts A. No person shall place or leave a container used for collecting refuse in the front yard of any residential property. B. The term "front yard" as used in this section shall be defined in the same way as it is in section 30.3(B)(97)(a) of Chapter 30 (entitled "Zoning ") of the City of Ithaca Municipal Code. C. This section shall not be deemed to prohibit the placement of a refuse container(s) near a curbside or near the side of a street for a period of time not exceeding twenty consecutive hours within any seven day period in order to permit regular collection of refuse by the City of Ithaca or by any private waste_ hauler which is properly doinq business in the Citv of Ithaca. 4 �J 34 April 4, 1990 Section 3. Effective Date These provisions shall take effect immediately and in accordance with law upon publication of a notice as provided in section 3.11(B) of the City Charter. * 22.3 Planning and Development Committee - Community Participation By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED, That the following resolution be referred to the Planning and Development Committee for investigation: Carried Unanimously WHEREAS, it is crucial that the City guarantee maximal community involvement in the planning and decision making process; now, therefore, be it RESOLVED, That the Planning and Development Committee investigate approaches to formalize community participation that other cities have used and make recommendations for a formal structure and procedures to achieve maximal feasible participation. Executive Session On a motion the Common Council adjourned into Executive Session at 12:20 a.m. to discuss land acquisition. ADJOURNMENT: Common Council came out of Executive Session and the meeting was adjourned at 12:35 a.m. 1 gal-lista F. Paolangeli City Clerk Benj`wa_m n Nichols Mayor 19'