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HomeMy WebLinkAboutMN-CC-1992-06-03 June 3, 1992 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. June 3, 1992 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Hoffman, Berg OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman City Controller - Cafferillo Deputy City Controller - Thayer Director of Planning and Development - Van Cort Deputy Director of Planning and Development - Sieverding Police Chief - McEwen Personnel Administrator - Saul Building Commissioner - Eckstrom Fire Chief - Olmstead Superintendent of Public Works - Gray Youth Bureau Director - Cohen PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the May 3, 1992 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Daley RESOLVED, that the Minutes of the May 3, 1992 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO THE AGENDA: New Business Alderperson Romanowski requested that a proposed Resolution from a group of citizens regarding the proposed street hierarchy plan be added to the agenda so that it may be referred to the Planning and Development Committee. Alderperson Hoffman requested that the matter of lead agency status for Inlet Island be placed on the agenda under New Business. No Alderperson objected. Budget and Administration Committee Alderperson Booth requested the addition of an agenda item (16.13) regarding a contract with Cornell for additional bus service for the Park and Ride program during the summer construction season. No Alderperson objected. SPECIAL ORDER OF BUSINESS: Public Hearing on Local Law # Amending Section 1.3 Entitled "Ward Boundaries" to Establish a Plan of Apportionment as Required by Section 10(1)(a)(13)(d) of the Municipal Home Rule Law Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That the Public Hearing to consider Local Law # be declared open. Carried Unanimously June 3, 1992 2 Harold Cohen, 108 Ferris Place, commented on the Redistricting plan and stated that he prefers his home be included in Ward 1 rather than Ward 4 Resolution to Close Public Hearing By Alderperson Berg: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing to consider Local Law # be declared closed. Carried Unanimously RESPONSE TO THE PUBLIC: Alderperson Schroeder responded to Mr. Cohen's comments regarding the ward boundaries. He explained that one of the reasons Ferris Place is included in Ward 4 was to keep the number of permanent residents in the ward at a reasonable level. MAYOR'S APPOINTMENTS: Downtown Ithaca, Inc. Mayor Nichols announced that Alderperson Joseph Daley has been appointed as official Council liaison to Downtown Ithaca, Inc. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following persons spoke to Council voicing their concerns regarding a proposed plan being considered by the Board of Public Works which would control the flow of vehicular traffic throughout the City. Neil Schwartzbach, 107 Park Place Stephanie Vaughn, 113 Park Place Iyana Conway, Co-President, Beverly J. Martin School Patt Frantz, 433 W. Buffalo Street Ed Wright, Principal, Beverly J. Martin School Wolf Dennis, 413 W. Court Street Barbara Anger, 109 Park Place Mike Belzer, 219 S. Albany Street Mary Ann Burgess-Puhalka, 505 S. Albany Street Carol Chernekoff, 418 W. Court Street Mary Shelley, 109 Park Place Dorothy Reddington, 421 W. Court Street Cathy Emilian, 218 S. Albany Street Tracy Farrell, 429 W. Buffalo Street Nellie Furman, 423 W. Buffalo Street Adria Moskowitz, 224½ Pleasant Street, asked that Council take into consideration the needs of the handicapped when considering a change in traffic patterns. Richard Driscoll, Director, Community Arts Partnership, spoke in support of agenda Item 15.3, establishment of an Advisory Committee on Art and Design for Public Space. Mark Finkelstein, 210 Lake Street, commented on the new City Court facility and increased costs for that project, and asked that Council keep in mind the sometimes burdensome regulations imposed by all levels of government. RESPONSE TO THE PUBLIC: Mayor Nichols and several alderpersons responded to the public's comments regarding proposed traffic patterns and other concerns raised by the public. REPORT OF BOARD OF REPRESENTATIVES: Representative Eric Lerner spoke to Council on the following matters: June 3, 1992 3 Reapportionment Plan - The Board's public hearing on the County- wide voting district reapportionment plan will be held in September, 1992. Solid Waste - Work on the DR7 landfill is postponed for three months while the County explores non-landfilling alternatives. There have been problems with some of the private haulers charging their customers for disposal at the landfill and the haulers not paying bills due the County. This has resulted in the County's reluctance to enter into a contract with a company owing money and the County having no one picking up garbage from County buildings at this time. The Finance Subcommittee of the Solid Waste Advisory Committee is trying to develop a new, improved, long-term financing plan for the solid waste system. They are looking very seriously at some version of a solid waste benefit district. Alderperson Daley requested that the County reconsider the location of the Central Processing Facility. Discussion followed regarding the location of the landfill as well as the Central Processing Facility. REPORT OF CITY BOARDS, COMMITTEES, AND COMMISSIONS: Board of Public Works Commissioner Reeves reported to Council on the following issues: Fill, Excavation and Stockpiling, Agenda Item 15.2 - A request to delay action on this agenda item was made as the Board of Public Works has not been made aware of this proposed ordinance. Acceptance of Open Space Dedication West Inlet Cluster Subdivision, Agenda Item 17.2 - The Board of Public Works has recommended that the land which is not incorporated into a coherent right-of-way be included with the parcels offered for sale and that the City decline the offer of those parcels, except for lots 27b and 28. Traffic Requests The Board denied a request for an all-way stop sign at the intersection of Center and South Plain Streets. The Board did take the recommendation of the City Traffic Engineer to install missing signs to improve sight distance at the intersection and to install stop signs on Center Street rather than South Plain Street. Residents of Bryant Avenue and Fairmount Avenue have requested the Board to look into the parking situation in their area. The matter will be brought to a vote at the next meeting. A meeting of residents of Spencer Road is scheduled for June 15, after which the Board will discuss further suggestions for solving traffic problems on that road. The Board will also take into consideration some of the traffic problems regarding Albany Street and Titus Avenue. Summer Parking Program - The Park & Ride and the car pooling program were approved by the Board at their meeting last week. State Street Bricks - The Board approved two contracts for the sale of old State Street bricks. Water Service Agreement - On May 27, 1992, the Board approved a water service agreement with the Town of Ithaca which will go into effect thirty-five (35) days from the date of passage to allow June 3, 1992 4 Council an opportunity to review and approve the agreement. This will be on the July 1 Common Council agenda. Ithaca Transit - Ithaca Transit shared top honors with eight (8) other U.S. and Canadian transit systems at the American Public Transit Association's presentation of the 1992 Bus Safety Awards. Postering - Commissioner Reeves asked Council for guidance as to how the Board should proceed with regard to this issue. The Planning and Development Committee will look into this matter. COMMUNICATIONS FROM THE MAYOR: Park & Ride Operation - Mayor Nichols reported that there will be a Park & Ride program in effect this summer. Various businesses around the area have donated parking spaces at their facilities to be used in this effort to cut down on the number of cars coming into the downtown area during the reconstruction of the Green Street parking ramp. Walk & Ride - Mayor Nichols reported on the "Summer in the City" project which involves City employees signing up in teams as part of the Healthy Heart Program. Historical Markers - Mayor Nichols announced the receipt by the City of an anonymous contribution in the amount of $4,500 to be used for historical markers on the Commons. BT Glass - The environmental review has been received from Gaynor, Assoc. of Cortland, New York. The report indicates that there are no problems at this site and work can continue on this project. Negotiations will now move forward with the Drop-In Center. Ithaca Festival - Mayor Nichols urged everyone to support and enjoy the Ithaca Festival. CITY ATTORNEY'S REPORT: City Attorney Guttman reported on the status of several cases prosecuted by his office in City Court. City Attorney Guttman reported that his office, along with the Building Department and the Fire Department, will continue to pursue enforcement of violations of Building and Fire regulations. The prime focus for the next few months will be on fraternities based on the opinions of the Building Commissioner and the Fire Department that this is a prime safety issue. 107 Fayette Street property - Real estate taxes on this property had not been paid and the period during which to redeem the taxes had expired. The City recorded the tax deeds transferring the property from Linda Davis to the City of Ithaca. A few months ago, Council approved selling this property back to Ms. Davis for the outstanding taxes together with accrued interest and administrative expenses. This transfer has occurred, and the City received a check in the amount of $8,669.44. Alderperson Blanchard inquired about the problem of abandoned shopping carts, especially in the first and second wards, and what might be done to correct this problem. The City Attorney's Office will look into this situation. CHARTER & ORDINANCE COMMITTEE: * 15.1 Local Law # of 1992 - Amending Section 1.3 Entitled "Ward Boundaries" By Alderperson Hoffman: Seconded by Alderperson Berg A Local Law Amending Section 1.3 Entitled "Ward Boundaries" June 3, 1992 5 of the City of Ithaca Charter BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Amending Section 1.3 of the City of Ithaca Charter. Section 1.3 of the City of Ithaca Charter is hereby deleted in its entirety and replaced with the following: "Section 1.3 Ward Boundaries. The City shall be divided into five (5) wards respectfully bounded and described as follows: A. Ward I: Beginning at a monument marking the former southwest corner of the corporate limits of the City of Ithaca, also known as the southwest corner of "DeWitt location"; running thence due east along the south line of the corporate limits for a distance of one thousand seven hundred and seventy five feet, more or less (1,775), to the center line of the former right-of-way of the Delaware Lackawanna and Western Railroad Company, now or formerly known as the Lehigh Valley Railroad Company (66 feet in width), with said right-of-way runs parallel with and immediately adjoins an easterly right-of-way line of the now or formerly main line of the Lehigh Valley Railroad Company; running thence southwesterly along the aforesaid center line of the right-of-way to an intersection where the former center line of the Cayuga Inlet as it existed prior to the construction of the flood relief channel in 1968; running thence easterly and southerly along the former center line and continuing southerly and westerly along the existing center line of the Cayuga Inlet to its intersection with the center line of said right-of-way of the Lehigh Valley Railroad, formerly the right-of-way of the Delaware Lackawanna and Western Railroad Company; running thence along the center line of said railroad right-of-way, on a curve to the left, and continuing along said center line in a northeasterly direction to its intersection with the south line of DeWitt's location; running thence due east along the south line of DeWitt's location and its extension to a point in the east line of South Aurora Street; running thence southerly along said east line of South Aurora Street 554 feet, more or less, to a point on the extension northwesterly of the east line of 113 Coddington Road; running thence southeasterly along said line of 113 Coddington Road and its extension a distance of 360 feet, more or less, to a point in the southerly line of Coddington Road, said point be also on the easterly line of property at Ithaca College; running thence southeasterly along the Ithaca College east line a distance of 640 feet, more or less, to a point; running thence easterly a distance of 630 feet, more or less, to a point on a line dividing lands now or formerly of Centini-Capalongo on the west with lands now formerly of Grivley on the east, said point being also 550 feet, more or less, southerly along said dividing line in the south line of Coddington Road; running thence northeasterly a distance of 595 feet, more or less, to a point on the east line of Coddington Road, said point being also on the extension southerly of the east line of 725 Hudson Street; running thence northerly along said east line of 725 Hudson Street, 145 feet, more or less, to a point in the south line of Pennsylvania Avenue; running thence northerly 550 feet, more or less, to a point on the easterly extension on the south line of DeWitt's location property, being also located 155 feet easterly, more or less, from the east line of Hudson Street measured along the aforesaid south line; running thence due east along the prolongation on the south line of DeWitt's Location to its intersection with a center line of Six Mile Creek; running thence northerly along the center line of Six Mile Creek, as it twists and turns, to its intersection with the center line of June 3, 1992 6 Giles Street; running thence easterly along the center line of Giles Street to its intersection with the center line of Water Street; running thence northerly and northeasterly along the center line of Water Street to its intersection with the center line of East State Street; running thence northwesterly along the center line of East State to its intersection with the center line of South Quarry Street; running thence southerly along the center line of South Quarry Street to its southerly terminus; running thence westerly along the road connecting South Quarry Street and Ferris Place to the center intersection of the center line of Ferris Place; running thence in a southwesterly direction, along a path to the footbridge over Six Mile Creek to the center line of Six Mile Creek; running thence northwesterly, westerly, southwesterly, southerly and southwesterly along the center line of Six Mile Creek, as it twists and turns, to the center line of South Plain Street; running thence southerly along the center line of South Plain Street to its intersection with the center line of Wood Street; running thence westerly along the center line of Wood Street to its intersection with the center line of South Meadow Street; running thence northerly along the center line of South Meadow Street to its intersection with the center line of West Clinton Street; running thence northwesterly and westerly along the center line of West Clinton Street and its prolongation to the center line of the current location of the Flood Control Channel running thence northerly along the center line of the Flood Control Channel to its intersection with the center line of Cayuga Inlet; continuing thence northerly along the center line of Cayuga Inlet, and as extended, to the north line of the City of Ithaca; running thence along the following leaps and bounds which mark the northerly and westerly boundaries of the City of Ithaca; westerly along the northern line of the City of Ithaca to a point on the west shore of Cayuga Lake; then southerly a distance of 1,710 feet, more or less, to the mouth of a brook which divides the property now formerly earned by Harry and Helen D. Johnson on the north of the property now or formerly of Candance H. Williams on the south; and its westerly 140 feet, more or less, up the center of the brook to the east boundary of the right-of-way of the highway known as "Taughannock Boulevard"; then southerly along the east line of the right-of-way of Taughannock Boulevard as it now exists or may hereafter be located a distance of 1,523 feet to the center of Williams Brook; thence westerly 66 feet, more or less, to the east line of the right-of-way formerly of the Ithaca and Geneva division of the Lehigh Valley Railroad, now New York State Electric and Gas Company; then southerly 1,100 feet, more or less, to the north line of said lots 92 and 94 produced; thence west along the north line of said lots 92 and 94 produced to a point where said line intersects the northeasterly line of Brookfield Road; thence north 15 degrees 15 minutes east 115.2 feet along the western line of Campbell Avenue to an iron pipe; then southwesterly, substantially along a hedgerow about 117 feet to an iron pipe located north 79 degrees 25 minutes east, a distance of 35.5 feet from an iron pipe set on the northeasterly line of Brookfield Road; thence north 12 degrees 21 minutes west, 187 feet to an iron pipe; thence south 70 degrees 28 minutes west, 17.9 feet to a pipe; thence south 23 degrees 40 minutes west, 150.6 feet to an iron pipe set in the bed of Hopkins Place; thence continuing a short distance of approximately 10 feet to the original center line of Hopkins Place, measured as a 40 foot road; then westerly along said original centerline of Hopkins Place about 60 feet to a point south 3 degrees 30 minutes east of an iron pipe set on the northerly line of Hopkins Place; thence north 3 degrees 30 minutes west, 20 feet, more or less, to set iron pipe in the northerly line of Hopkins Place; thence north 3 degrees 30 minutes west, 223 feet to the center of Williams Brook; then southwesterly along the center of Williams Brook 330 feet, more or less, to the west line of Military Lot No. 87; then south along June 3, 1992 7 the west line of Military Lot No. 87 and the west line of DeWitt's location to the point and place of beginning. B. Ward II: Beginning at a point at the intersection of the center line of Six Mile Creek and the center line of South Plain Street; running thence south along the center line of Plain Street to its intersection with the center line of Wood Street running thence westerly along the center line of Wood Street to its intersection with the center line of Meadow Street; running thence northerly along the center line of South Meadow Street to its intersection with the center line of West Clinton Street; running thence northwesterly and westerly along the center line of West Clinton Street and its prolongation to the center line of the current location of the Flood Control Channel running thence northerly along the center line of the Flood Control Channel to its intersection with the center line of Cayuga Inlet, said point also being the center line of Cascadilla Creek; running thence easterly and southeasterly along the center line of Cascadilla Creek to its intersection with the center line of University Avenue, said point also being the center line of the prolongation of Linn Street; running thence southerly along the center line of University Avenue and the prolongation of Linn Street to its intersection with the center line of Court Street, said point being the prolongation of the center line of Terrace Place; running thence southerly along the center line of Terrace Place and its prolongation to its intersection with the center line of Buffalo Street; running thence easterly along the center line of Buffalo Street to its intersection with the center line of Stewart Avenue; running thence southerly along the center line of Stewart Avenue to its intersection with the center line of East State Street; running thence southerly along the center line of East State Street to its intersection with the center line of Elston Place; running thence southerly along the center line of Elston Place and its prolongation to the center line of Six Mile Creek; running thence northwesterly, westerly and southwesterly as it twists and turns to the point or place of beginning. C. Ward III: Beginning at a point in the south line of the City of Ithaca at its intersection with the center of Six Mile Creek; running thence easterly along the south line of the City of Ithaca a distance of 2,800 feet, more or less, to a monument marking the southeast corner in the City of Ithaca; running thence northerly along the east line of the City of Ithaca a distance of 208 feet, more or less, to the center of a ravine; running thence northeasterly and along the center of the ravine, being also the boundaries of the City of Ithaca, to the southwest line of the right-of-way formerly of the E.C. & N. Railroad; running thence northwesterly and along the southwest line of the E.C. & N. Railroad right-of-way, being also the boundary line of the City of Ithaca, 260 feet to the south line of lands of Cornell University; running thence west along the south line of lands of Cornell University and property now or formerly of S. William Barnes, being also a boundary line of the City of Ithaca, a distance of about 1,050 feet to a point which is approximately 960 feet north of the said southeast corner of the City of Ithaca; running thence northerly along the eastern line of the City of Ithaca to the north line of Military Lot No. 92, which is the north line of the City of Ithaca; running thence west along the north line of the City of Ithaca, to the center line of the driveway connecting Jessup Road and Sisson Place; running thence southerly along the center line of the driveway connecting Jessup Road with Sisson Place to an intersection with the center line of Sisson Place; running thence westerly along the center line of Sisson Place to an intersection of the center line of Triphammer Road; running thence southwesterly along the center line of Triphammer Road to its intersection with the center line of Wait Avenue; running thence easterly and southerly along the center line of Wait Avenue June 3, 1992 8 to the center line of Thurston Avenue; running thence southerly along the center line of Thurston Avenue and across the Thurston Avenue Bridge to the intersection of the center line of University Avenue; running thence westerly and southerly along the center line of University Avenue to the center line of West Avenue, a street on the campus of Cornell University; running thence southerly along the center line of West Avenue to the center line of Campus Road, a street on the campus of Cornell University; running thence southwesterly along the center line of Campus Road to the center line of Stewart Avenue; running thence southerly along the center line of Stewart Avenue to the center line of Cascadilla Creek; running thence easterly along the center line of Cascadilla Creek, as it twists and turns, to a point due north on the extension of the westerly line of Tax Parcel 64-1-1 extending north; running thence southerly along the extension of the western line of Tax Parcel 64-1-1 and the western line of Tax Parcel 64-1- 1 to the southwest corner of Tax Parcel 64-1-1; continuing thence southerly across Oak Avenue to the northwest corner of Tax Parcel 64-2-2; continuing thence southerly along the westerly lines of Tax Parcels 64-2-2, 64-2-25 and 65-2-26 to the southwest corner of Tax Parcel 64-2-26; continuing thence southerly to the center line of Dryden Road; running thence easterly along the center line of Dryden Road to the intersection with the center line of Linden Avenue; running thence southerly along the center line of Linden Avenue to the intersection with the center line of Bool Street; running thence westerly along the center line of Bool Street to the intersection with the center line of College Avenue; running thence southerly along the center line of College Avenue to the intersection with the center line of Mitchell Street; running thence southwesterly along the center line of Mitchell to the intersection with the center line of East State Street; running thence southeasterly along the center line of East State Street to the intersection with the center line of Water Street; running thence southwesterly along the center line of Water Street to the intersection with the center line of Giles Street; running thence westerly along the center line of Giles Street to the intersection with the center line of Six Mile Creek; running thence southerly along the center line of Six Mile Creek, as it twists and turns, to the point and place of beginning. D. Ward IV: Beginning at the intersection of the center line of University Avenue and the center line of West Avenue, a street on the campus of Cornell University; running thence southerly along the center line of West Avenue to the center line of Campus Road, a street on the campus of Cornell University; running thence southwesterly along the center line of Campus Road to the center line of Stewart Avenue; running thence southerly along the center line of Stewart Avenue to the center line of Cascadilla Creek; running thence easterly along the center line of Cascadilla Creek, as it twists and turns, to a point due north of the northerly extension of the west line of Tax Parcel 64-1-1; running thence southerly along the extension of the western line of Tax Parcel 64-1-1 and the western line of Tax Parcel 64-1-1 to the southwest corner of Tax Parcel 64-1-1; continuing thence southerly across Oak Avenue to the northwest corner of Tax Parcel 64-2-2; continuing thence southerly along the westerly lines of Tax Parcels 64-2-2, 64-2-25 and 65-2-26 to the southwest corner of Tax Parcel 64-2-26; continuing thence southerly to the center line of Dryden Road; running thence easterly along the center line of Dryden Road to the intersection with the center line of Linden Avenue; to the intersection with the center line of Dryden Road; running thence easterly along the center line of Dryden Road to the intersection with the center line of Linden Avenue; running thence southerly along the center line of Linden Avenue to the intersection with the center line of Bool Street; running thence westerly along the center line of Bool Street to the intersection with the center line of College Avenue; running thence southerly June 3, 1992 9 along the center line of College Avenue to the intersection with the center line of Mitchell Street; running thence southwesterly along the center line of Mitchell Street to the intersection with the center line of East State Street; running thence northwesterly along the center line of East State Street to the intersection with the center line of Quarry Street; running thence southerly along the center line of Quarry Street to its southerly terminus; continuing thence westerly along the center line of the road connecting Quarry Street and Ferris Place to the southerly terminus of Ferris Place; running thence southwest of the direction along a path to the footbridge crossing Six Mile Creek to the center line of Six Mile Creek; running thence northwesterly along the center line of Six Mile Creek to its intersection with the center line of Elston Place as extended; running thence northerly along the center line of Elston Place to the intersection with the center line of East State Street; running thence easterly along the center line of East State Street to the intersection with the center line of Stewart Avenue; running thence northerly along the center line of Stewart Avenue to the intersection with the center line of Buffalo Street; running thence westerly along the center line of Buffalo Street to the intersection of the center line of Terrace Place; running thence northerly along the center line of Terrace Place to the intersection with the center line of Linn Street; running thence northerly along the center line of Linn Street to the intersection with the center line of Cascadilla Creek and the center line of University Avenue; running thence northeasterly and easterly along the center line of University Avenue to the point or place of beginning. E. Ward V: Beginning at a point at the intersection of the center lines of Linn Street, University Avenue and Cascadilla Creek; running thence northerly, easterly then northerly and easterly along the center line of University Avenue to the intersection of the Thurston Avenue bridge; running thence northerly across Fall Creek along the center line of Thurston Avenue to the easterly intersection of the center line of Wait Avenue; running thence northerly and westerly along the center line of Wait Avenue to the center line of Triphammer Road; running thence northeasterly along the south line of Triphammer Road to the intersection with the center line of Sisson Place; running easterly along the center line of Sisson Place to the intersection with the center line of the driveway connecting Sisson Place and Jessup Road; running thence northerly along the center line of the driveway connecting Sisson Place and Jessup Road to the north line of the of the City of Ithaca; running thence westerly along the north line of the City of Ithaca and its extension westerly to the intersection with east line of North Cayuga Street; running thence northerly along the east line of North Cayuga Street reduced to a point to the north boundary New York State Route 13; running thence northeasterly along the northerly line of Route 13 a distance of 106 feet, more or less, to a point; thence continuing along the northwesterly line of New York State Route 13 the following distances: northeasterly a distance of 195 feet, more or less, to a point; northeasterly a distance of 253 feet, more or less, to a point; northerly a distance of 67 feet, more or less, to a point; easterly a distance of 15 feet, more or less, to a point, and the westerly line of East Shore Drive; running thence northerly along the westerly line of East Short Drive a distance of 165, more or less, to the southerly line of lands now or formerly of Bowman (Libre 585 of Deeds, Page 594, Tax Parcel 18-2- 10); running thence westerly along the southerly line of said Bowman parcel a distance of 264 feet, more or less, to the southwest corner thereof; running thence northerly along the west boundary of said Bowman parcel and continuing along the west boundary of lands now or formerly of Wells (Libre 379 of Deeds, Page 410 and Libre 466 of Deeds, Page 23) a total distance of 80 June 3, 1992 10 feet, more or less, to the easterly line of Conrail Corp. (reputed owner), formerly Lehigh Valley Railroad; running thence southwesterly along the southeasterly line of Conrail a distance of 70 feet, more or less, to the present east line of the City of Ithaca, said point being extension of the east line of the former North Cayuga Street; running thence northerly 1,060, more or less along a line to a point which is 130 feet, more or less, westerly from the east line of said railroad right-of-way which said point is on the present north line of the City of Ithaca; running thence westerly along the north line of the City of Ithaca to a point on said north line which set point is on a line directly due north of the center line of the Cayuga Inlet; running thence southerly along the center line of the Cayuga Inlet, as extended and along the actual center line of the Cayuga Inlet to the intersection of the center line of Cascadilla Creek; running thence easterly and southeasterly along said center line of Cascadilla Creek to the intersection of the center lines of Linn Street, University Avenue and Cascadilla Creek, being the point or place of beginning." Effective Date. This local law shall take effect on January 1, 1993 after filing in the Office of the Secretary of State. Discussion followed regarding the effective date. Amending Resolution By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Effective Date of LL # shall read as follows: Effective Date. This local law shall take effect on January 1, 1993 after filing in the Office of the Secretary of State provided that the current alderpersons shall continue to hold office and represent the prior existing wards through December 31, 1993 and further provided that the ward boundaries as existing immediately prior to the effective date of this act shall continue to be the ward boundaries for the purpose of filling vacancies in office until the general election in November, 1993. Carried Unanimously Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That Plan F-2 be restored. Discussion followed on the merits of this plan. A vote on the motion to restore Plan F-2 resulted as follows: Ayes (4) - Johnson, Efroymson, Berg, Golder Nays (6) - Blanchard, Romanowski, Daley, Booth, Schroeder, Hoffman Motion Failed Main Motion as Amended A vote on the Main Motion as Amended (original Local Law as presented) resulted as follows: Ayes (7) - Blanchard, Johnson, Booth, Schroeder, Golder, Hoffman, Berg Nays (3) - Romanowski, Daley, Efroymson Carried *15.2 An Ordinance Adding Chapter 179 - "Fill, Excavation and Stockpiling" Motion to Table By Alderperson Hoffman: Seconded by Alderperson Blanchard June 3, 1992 11 RESOLVED, that consideration on adding Chapter 179, "Fill, Excavation and Stockpiling," will be postponed until the Board of Public Works can give its comments. Carried Unanimously Recess Common Council recessed at 9:00 p.m. and reconvened at 9:20 p.m. * 15.3 An Ordinance Adding a New Chapter 5 Entitled "Advisory Commission on Art and Design for Public Space" - Resolution By Alderperson Hoffman: Seconded by Alderperson Johnson ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 5 ENTITLED "ADVISORY COMMISSION ON ART AND DESIGN FOR PUBLIC SPACE" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That a new Chapter to be known and designated as Chapter 5 entitled "Advisory Commission on Art and Design for Public Space" is hereby added to the City of Ithaca Municipal Code to read as follows: "Chapter 5 Advisory Commission on Art and Design for Public Space Section 5-1. Creation. The Common Council of the City of Ithaca hereby creates a Commission which shall be known as the "City of Ithaca Advisory Commission on Art and Design for Public Space", hereinafter referred to as the "Commission". Section 5-2. Purpose and Duties. The purposes and duties of the Commission shall be as follows: A. To replace and take over the responsibilities of the Centennial Arts Commission and as such to oversee the maintenance of and additions to the existing collection of art for public places owned by the City of Ithaca; find appropriate public places for the display of this collection; and where appropriate, see that the works are appropriately displayed in places with appropriate security, that the works are marked with plaques containing the title of the work, the artist and, where appropriate, a notation that the work was a part of the Centennial Collection developed during the City's Centennial Year of 1988. B. To initiate and receive recommendations and develop proposals for implementation that will enrich the visual and aesthetic environment of public spaces within the City of Ithaca. June 3, 1992 12 Appropriate elements of the environment that the Commission will consider may include but will not be limited to: 1. Outdoor public spaces. 2. City-owned public buildings, interior and exterior. 3. Public works projects; e.g., parking facilities, bridge improvements, etc. 4. City-owned lighting. C. To submit an annual report to the Common Council and to the Board of Public Works and, with the support of the Arts and Culture Coordinator's Office, to report on a regular basis to the Mayor. Section 5-3. Membership Terms, Vacancies, Officers, Compensation. A. The Commission shall consist of seven (7) members all of whom shall be voting members appointed by the Mayor subject to the approval of the Common Council. One member shall be a member of Common Council. One member shall be a representative of the Board of Public Works. Of the remaining five members at least three shall be residents of the City of Ithaca. Three members of the Commission shall be professionals from the field of design and visual arts. One member of the Commisssion shall be a representative from the Community Arts Partnership of Tompkins County or its successor. In addition, the Arts and Culture Coordinator of the City of Ithaca shall be a non-voting ex-officio member who will serve as staff to the Commission. The Mayor may make such other non-voting ex-officio appointments as deemed necessary and appropriate. B. The five members who are not appointed as City officials shall be appointed for a term of three years, except that the terms of the first Commission members shall be for such lesser periods of time as to provide appropriate staggered rotation and continuity. Vacancies on the Commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by expiration of term of office shall be filled only for the remainder of the unexpired term. C. The Commission shall have a chairperson and a vice chairperson who shall be appointed by the Mayor. D. The members of the Commission shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor. Section 5-4. Meetings, records. A. The Commission shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in Section 5-2 of this Chapter". Section 2. This ordinance shall take effect immediately. Carried Unanimously * 15.4 Abolishment of Centennial Arts Commission - Resolution June 3, 1992 13 By Alderperson Hoffman: Seconded by Alderperson Johnson WHEREAS, by resolution adopted February 1, 1989, the Common Council of the City of Ithaca created a Centennial Arts Commission; and WHEREAS, by ordinance adopted on this date, the Common Council of the City of Ithaca has created and established an Advisory Commission on Art and Design for Public Space, the purpose and duties of which include replacing and taking over the responsibilities of the Centennial Arts Commission, now, therefore, be it RESOLVED, That the Centennial Arts Commission is hereby abolished, and be it further RESOLVED, That the duties, obligations, and commitments of the Centennial Arts Commission are hereby transferred to the Advisory Commission on Art and Design for Public Space. Carried Unanimously * 15.5 An Ordinance Amending Subdivision C of Section 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code -Call for Public Hearing By Alderperson Hoffman: Seconded by Alderperson Golder RESOLVED That Ordinance No. ____ entitled "An Ordinance Amending C of Section 30.26 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code: be and it hereby is introduced before the Common Council of the City of Ithaca, New York; and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, at 108 East Green Street, in the City of Ithaca, New York, on Wednesday, July 1, 1992, at 7:00 P.M.; and be it further RESOLVED, That the City Clerk shall give notice of 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 (15) days prior to the public hearing; and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning Board true and exact copies of the proposed zoning ordinance for their reports thereon. Discussion followed on the specifics of this Ordinance calling for a Public Hearing. A vote on the Resolution resulted as follows: Ayes (6) - Blanchard, Romanowski, Efroymson, Schroeder, Golder, Hoffman Nays (4) - Booth, Berg, Johnson, Daley Carried The Ordinance to be voted on is as follows: AN ORDINANCE AMENDING C OF SECTION 30.26 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SUBDIVISION C OF SECTION 30.26. June 3, 1992 14 That subdivision C(1)(k) of Section 30.26 is hereby amended to read as follows: "C(1)...uses... which require a special permit ... (k) In any district, towers or structures for the transmission or receipt of radio or other electronic communications signals for commercial or business related purposes, unless: i. The towers or structures are antennas or satellite dishes with a maximum dimension of six (6) feet or less, and ii. Such towers or structures are not in a front yard, and iii. The maximum dimension of such antenna or satellite dish, when combined with attached mounting supports, have a maximum height of 10 (ten) feet or less." SECTION 2. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with laws upon publication of a notice as provided in the Ithaca City Charter. BUDGET AND ADMINISTRATION COMMITTEE: * 16.1 Building Department - Request for Employee Incentive Award -Resolution By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the Building Commissioner has recommended Building Inspector III Michael Niechwiadowicz for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and WHEREAS, the Building Commissioner has provided the Budget and Administration Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Building Commissioner's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract, now, therefore, be it RESOLVED, That Michael Niechwiadowicz's salary be increased by four (4) percent to an annual salary of $27,772., effective May 12, 1992, and be it further RESOLVED, That funding for such increase shall be derived from the unrestricted contingency account A1990. A vote on the resolution resulted as follows: Ayes (6) - Romanowski, Daley, Booth, Schroeder, Hoffman, Berg Nays (4) - Efroymson, Johnson, Blanchard, Golder Carried Alderperson Efroymson suggested that the possibility of rewarding employees by other than monetary means be investigated. Alderperson Booth recommended that the Budget & Administration Committee request that the Personnel Department investigate this issue and make some recommendations to be looked at. * 16.2 DPW - Request for Employee Incentive Award - Resolution By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the Wastewater Treatment Plant Chief Operator has recommended Operator Edwin Smith for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and June 3, 1992 15 WHEREAS, the Chief Operator has provided the Budget and Administration Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Chief Operator's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That Edwin Smith's salary be increased by four (4) percent to an annual salary of $24,967. effective February 21, 1992, and be it further RESOLVED, That funding for such increase shall be derived from the Joint Activity Fund Unrestricted Contingency Account J1990. A vote on the resolution resulted as follows: Ayes (6) - Romanowski, Daley, Booth, Schroeder, Hoffman, Berg Nays (4) - Efroymson, Johnson, Blanchard, Golder Carried * 16.3 Youth Bureau - Request to Amend the 1992 Youth Bureau Budget - Resolution By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the Youth Bureau has received a proposal from the Ithaca City School District to expand the Access to College and Employment (ACE) Program to serve students in the Ithaca area, and WHEREAS, the School District has received confirmation of funding from the New York State Education Department, now, therefore, be it RESOLVED, That the 1992 General Fund Budget for Youth Bureau purposes be amended as follows: APPROPRIATIONS A7310-420 Gas & Oil $ 200 A7310-440 Staff Development 350 A7310-445 Travel & Mileage 400 A7120-470 Rental of Equipment 2,000 REVENUE A3820 Youth Programs $2,950 Carried Unanimously * 16.4 Planning Department - Request Funding for Zoning Map/Chart -Resolution By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the City of Ithaca Zoning Map and Chart was last printed in 1987, and WHEREAS, there have been numerous changes to both the map and chart since that time, and WHEREAS, the Planning Department cannot fund the printing of this map and chart within existing budget appropriations, now, therefore, be it RESOLVED, That $1,600 be transferred from account A1990, Unrestricted Contingency, to account A8020-425, Office Expense, for the layout, drafting, and printing of said map and chart. Carried Unanimously Discussion followed. It was decided that the Planning Department will consult with Alderperson Schroeder, as Chair of the Planning and Development Committee, prior to printing maps, charts, etc. June 3, 1992 16 HUMAN SERVICES COMMITTEE: * 18.1 - Creation of Community Relations Task Force By Alderperson Johnson: Seconded by Alderperson Efroymson WHEREAS, there has been considerable public discussion of ways to improve police and minority community relations in the City of Ithaca, and WHEREAS, the Mayor, the Police Chief, and members of the Community Police Board and Human Services Committee have taken part in public discussions of steps to be taken to improve relations between Ithaca's Police and the minority community, and WHEREAS, some recommendations have been made and work groups have been formed to proceed with some of these recommendations, now, therefore, be it RESOLVED, That the Mayor appoint a broad-based community task force to pursue solutions to the identified problems and to recommend to Council by September 1, 1992 additional steps to be taken for long-term improvement of relations between Police and the minority community. Police Chief McEwen addressed Council regarding the resolution. Discussion followed regarding the language of this resolution. Amending Resolution By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That the words "the identified" be stricken from the last paragraph of the resolution, and the words "involving the Police Department and the minority community" be added after the word "problems." Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: * 16.5 Mayor - Request to Fund Community Relation Task Force By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, Common Council has established a Police Community Relations Task Force to improve police and minority community relations in the City of Ithaca; now, therefore, be it RESOLVED, That $2,000 be transferred from account A1990, Unrestricted Contingency to account A1210-425, Office Expense, to pay for support staff and material expenses of the Police Community Relations Task Force. Carried Unanimously * 16.6 Planning Department - Request to Increase City Court Facility Capital Project - Resolution By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, the bids for the new Court Facility and Police Station Renovation Projects opened on May 7, 1992, exceeded the existing project authorization of $2,600,000, and WHEREAS, the revised capital project budget for the new Court Facility and Police Renovation Projects, inclusive of the Pedestrian Bridge, and all project supervision and contingencies is $3,100,000, reflecting an increase of $500,000 overall, and June 3, 1992 17 WHEREAS, after carefully reviewing said bids and evaluating alternative courses of action, the Client Committee has recommended that the bids be accepted in their entirety, and that the project authorization be increased by said $500,000, now, therefore, be it RESOLVED, That Capital Project #242 be increased from $2,600,000 to a maximum authorized cost of $3,100,000; and be it further RESOLVED, That the additional amount necessary to complete said project be derived from the issuance of $500,000 in Serial Bonds. Considerable discussion followed. Deputy Director of Planning and Development Sieverding answered question from Council. A vote on the resolution resulted as follows: Ayes (8) - Blanchard, Romanowski, Daley, Johnson, Booth, Schroeder, Hoffman, Berg Nays (1) - Golder Abstention (1) - Efroymson Carried * 16.7 Department of Public Works - Request for GIAC Wading Pool Repairs - Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the new Municipal Pool will not be in service for the 1992 summer season, and WHEREAS, repairs to the existing wading pool will require replacing the pvc piping in addition to the normal repairs and start-up procedures, and WHEREAS, the DPW Mini-Pool account was reduced by $2,000 in the 1992 Budget in anticipation that the new pool would open in the summer of 1992, now, therefore, be it RESOLVED, That $2,000 be transferred from account A1990, Unrestricted Contingency, to account A7181-483, Construction Supplies, for said repairs. Carried Unanimously * 16.8 Finance Department/Controller - Request Approval of 1992-93 Civil Service Agreement - Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters, for the period July 1, 1992 to June 30, 1993, in an amount of $25,876.00, payable to the City of Ithaca on or before November 1, 1992. Carried Unanimously * 16.9 Finance Department/Controller - Request to Increase Computer Acquisition Capital Project - Resolution By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, Capital Project #211 was established in 1986 and amended several times in 1989 and 1990 for the acquisition of computer equipment and related software for the Finance, Police, and Public Works Departments, and WHEREAS, a thorough review of said project has determined that an additional $10,000 is required to fund cumulative financing and other related project costs through completion, now, therefore, be it RESOLVED, That Capital Project #211 for Computer Acquisition be hereby increased from $448,345 to a maximum cost of $458,345, and be it further June 3, 1992 18 RESOLVED, That the additional amount necessary to complete said project be derived from the issuance of $10,000 in Serial Bonds. Discussion followed with Controller Cafferillo answering questions from Council. Mayor Nichols will ask a group of staff people and Department heads to look into linking and integrating the City's computer systems. Carried Unanimously * 16.10 - Finance Department/Controller - Request Approval for 1992 Health Insurance Rates for Retirees - Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City currently charges City retirees and those employees on leaves of absence $120.24 per month for individual health insurance coverage and $276.69 per month for family coverage, and WHEREAS, the 1992 estimated cost of the City's health insurance program for such individuals, as projected by Blue Cross/Blue Shield, have been increased to $166.57 per month for individual coverage and $381.78 per month for family coverage, and WHEREAS, the difference between what the City actually charged these individuals for coverage heretofore and the City's estimated cost for 1992 is 38%, and an increase of this magnitude could pose a serious burden for these individuals, and WHEREAS, in light of the significant increase in past years in health insurance rates and the related hardship these increases would have caused City retirees and persons on leaves of absence, the City has adopted a policy of not charging the full rate increases to these individuals, now, therefore, be it RESOLVED, That the 1992 monthly rate of health insurance coverage for retirees and those employees on leaves of absence be established at $146.58 for individual coverage and $335.96 for family coverage, which represents the same proportionate share paid by these individuals currently, or 88% of the City's estimated rate. Carried Unanimously * 16.11 Finance Department/Personnel - Request to Return to Full- Time Status - Resolution By Alderperson Booth: Seconded by Alderperson Daley WHEREAS, in December, 1991, Common Council approved a request by the Personnel Department to temporarily amend their personnel roster by reducing the hours of certain full-time staff members to accommodate employee schedules, and WHEREAS, the Personnel Administrator has now requested to reinstate the Administrative Secretary from twenty-eight (28) hours per week to full-time status, now, therefore, be it RESOLVED, That the personnel roster be amended to reinstate the Administrative Secretary to full-time status effective June 22, 1992. Carried Unanimously * 16.12 - Audit - Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented as listed on Audit Abstract 10/1992 in the total amount of $96,805.36 be approved for payment. Carried Unanimously * 16.13 - 1991 Annual Financial Report - Resolution By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That the 1991 Annual Financial Report prepared by the Finance Department be accepted as presented. Carried Unanimously June 3, 1992 19 * 16.14 - Summer Parking Program - Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $7,650 shall be transferred from account A1990, Unrestricted Contingency, to account A5630-435 for the Department of Public Works to fund a contract between Ithaca Transit and Cornell University for additional bus service related to a Park and Ride program as outlined in a June 2, 1992 memo from Herman Sieverding to Common Council; provided that this resolution is conditioned on a determination by the City Attorney and other appropriate officials that any funds expended pursuant to this resolution will be reimbursed at an eighty percent (80%) rate from the Federal Transportation Administration; and further provided that if after two weeks of utilizing this additional bus service it is used by fewer than an average of thirty (30) persons in the morning and thirty (30) persons in the afternoon, such service shall be discontinued. Discussion followed on the merits of this plan versus other alternatives. Amending Resolution By Alderperson Daley: Seconded by Alderperson Efroymson RESOLVED, That this resolution be amended to read "...fifty (50) persons in the morning and fifty (50) persons in the afternoon..." A brief discussion followed with Deputy Director of Planning and Development Sieverding answering questions from Council. A vote on the Amending Resolution resulted as follows: Ayes (1) - Daley Nays (9) - Blanchard, Romanowski, Efroymson, Johnson, Booth, Schroeder, Golder, Hoffman, Berg Motion Failed Main Motion A vote on the main motion resulted as follows: Ayes (9) - Blanchard, Romanowski, Efroymson, Johnson, Booth, Schroeder, Golder, Hoffman, Berg Nays (1) - Daley Carried PLANNING AND DEVELOPMENT COMMITTEE: * 17.1 Acceptance of Open Space Dedication, West Inlet Cluster Subdivision - Resolution By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, the need for affordable housing and preservation of open space have been identified as priority goals for the City of Ithaca, and WHEREAS, the cluster zoning provision is intended to promote the creation of housing that is more affordable and the preservation of open space through efficient land use patterns, and WHEREAS, the City of Ithaca's cluster zoning regulations require that an open space set-aside be dedicated as common land for the benefit of the members of the subdivision, and WHEREAS, open space parcels numbered 9B, 27B, 28, 1B, and 5B in the proposed West Inlet Cluster Subdivision contain two drainageways and a number of locally scarce hackberry trees, and WHEREAS, the developer wishes to dedicate the above-listed parcels to the City of Ithaca, and June 3, 1992 20 WHEREAS, the ownership of these parcels by the City would insure that the parcels would remain undeveloped and open for the enjoyment of the residents of the subdivision, and WHEREAS, the Board of Planning and Development recommends that the above parcels be accepted by the City; now, therefore, be it RESOLVED, that the Mayor is authorized to accept parcels 9B, 27B, 28, 1B, and 5B located in the West Inlet subdivision on Floral Avenue. Considerable discussion ensued as to the accessibility of the open space parcels. Mayor Nichols stated for the record that the City has taken many steps to enable this project to move forward. In his opinion, the affordability of this housing is the key to many things that have been done. Accepting parcels we would not otherwise be interested in, etc. are based on the affordability factor and his acceptance of these parcels will depend on the conclusion that this is an affordable project. Amending Resolution By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the words "and the general public" be added in the sixth "whereas" paragraph after the words "residents of the subdivision." Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Ayes (7) - Blanchard, Romanowski, Daley, Efroymson, Schroeder, Berg, Golder Nays (3) - Hoffman, Booth, Johnson Carried * 17.2 An Ordinance Amending Section 30.49 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED that Ordinance No. ____ entitled "An Ordinance Amending Section 30.49 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York; and be it further RESOLVED that the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, at 108 East Green Street in the City of Ithaca, New York, on Wednesday, the 1st day of July, 1992, at 7:00 P.M.; and be it further RESOLVED That the City Clerk shall 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 (15) days prior to the public hearing; and be if further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning Board true and exact copies of the proposed zoning ordinance for their reports thereon. Discussion followed regarding the changes this Amending Ordinance will encompass. A vote on the resolution resulted as follows: June 3, 1992 21 Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Hoffman, Berg Alderperson Golder was out of the room when the vote was taken. Carried The Ordinance to be voted on is as follows: ORDINANCE NO. AN ORDINANCE AMENDING SECTION 30.49 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. Amending Section 30.49 of Chapter 30. Repair, changes in use, extension or enlargement of non- conforming uses or structures. A. Repair of Non-Conforming Uses or Structures. Necessary or desired repair of any non-conforming structure, or of any structure housing a non-conforming use, declared unsafe by proper authority, shall be accomplished in accordance with all applicable regulations. B. Changes in Non-Conforming Use. A non-conforming use may be changed only to use permitted in the district in which it is located. Once changed to a conforming use, no building or land shall be permitted to revert to a non-conforming use. C. Extension or Enlargement of Non-Conforming Uses or Structures. 1) A non-conforming use may not be extended or enlarged to other structures, nor may a non-conforming use be extended or enlarged to other portions of structures not devoted to such use or to other land except by means of a variance granted by the Board of Appeals. 2) A non-conforming structure which is used as permitted in the district in which it is located, but does not comply with the minimum lot size requirement and/or parking requirements applicable in the district, may not be extended or enlarged except by means of a variance granted by the Board of Appeals; however, a non-conforming structure may be enlarged, providing: i) The enlargement does not create a new or greater non-conformity and, ii) It does not increase the permitted occupancy unless the structure is a one or a two family dwelling, and iii) The property is in compliance with the minimum lot size and parking requirements of the district in which it is located. In all districts any legal non-conforming use or structure existing at the time of enactment of this Chapter, as amended, or subsequently constructed in compliance with a variance, shall not be extended or enlarged except in compliance with the regulations of this Chapter, as amended for each particular district. Section 2. Effective date. June 3, 1992 22 This ordinance shall take effect immediately and in accordance with laws upon publication of a notice as provided in the Ithaca City Charter. * 17.3 Canopy Variance Request for Oasis Grocery Store - Resolution By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, the Ithaca Landmarks Preservation Commission supports the granting of a variance from the canopy height requirements, and WHEREAS, the appellant Peter Sayet for Oasis Natural Grocery has demonstrated sufficient architectural reasons to support the granting of this variance, and WHEREAS, the Municipal Code Section 33.9 Paragraph B authorizes Common Council to grant such a variance; now, therefore, be it RESOLVED, that the appeal of Peter Sayet to allow the "Oasis Natural Grocery" canopy on the north facade of the DeWitt Building at 215 North Cayuga Street to be at 8'9" above the sidewalk instead of 9'6" as required by Section 33.9 be granted. Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Hoffman, Berg Alderperson Golder was out of the room when the vote was taken. Carried * 17.4 Resolution Supporting the Establishment of the Ithaca Metropolitan Planning Organization By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, the United States Bureau of the Census designated the Ithaca Urbanized Area with a 1990 population of 50,132 people, and WHEREAS, Federal Transportation Law authorizes all federal urban funding for transportation planning, public transit, highways, and bicycle/pedestrian facilities to be approved by a metropolitan planning organization policy committee, and WHEREAS, the New York State Department of Transportation (NYSDOT) has designated the City of Ithaca, County of Tompkins and itself as the Interim Policy Committee of the Ithaca Metropolitan Planning Organization (Ithaca MPO), and WHEREAS, the Interim Policy Committee includes the New York State Department of Transportation (Commissioner) and the chief elected officials of the City of Ithaca and the County of Tompkins, and the Federal Highway Administration and the Federal Transit Administration as ex-officio members, and WHEREAS, Policy Committee membership, transportation planning, capital programming, and a hosting agreement between the County and NYSDOT will be discussed by the Interim Policy Committee, now, therefore be it RESOLVED, that the City of Ithaca endorses the establishment of the Ithaca Metropolitan Planning Organization (Ithaca MPO) and requests the Governor of New York State to send a letter certifying the formation of the Ithaca Metropolitan Planning Organization to the United States Department of Transportation, and be it further RESOLVED, that the Mayor is authorized to execute a hosting agreement with the NYSDOT and the County for Tompkins County to host the independent MPO Planning Staff, and be it further RESOLVED, that the Director of the Department of Planning and Development and the Superintendent of Public Works be designated as members of the MPO Planning Committee. June 3, 1992 23 Carried Unanimously * 17.5 - Proposal to Permit Home Occupations in R-1 Zone - Report Alderperson Schroeder reported that the Planning Committee has recommended an overall look at the issue of home occupations in the City and will be considering this matter at future meetings. HUMAN SERVICES COMMITTEE: * 18.2 Meals Program - Report Alderperson Johnson reported that the Friendship Center is working to provide some sort of breakfast program that will be available on Tuesdays and Thursdays. The program is being funded with $200 start-up money from St. John's Episcopal Church. * 18.3 Group Living - Report Alderperson Johnson reported that the City Attorney's Office has been asked to review requirements for group homes and group living in the City. * 18.4 Drop-In Center Expansion - Report Alderperson Johnson reported the Drop-In Center Board is moving ahead to acquire funds to accomplish the next phases of the plan. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Homeless Task Force Alderperson Blanchard reported that the Pennies for the Homeless and Hungry Campaign collected a little less than $2,100 and distributed $2,000 of that to the Red Cross, Salvation Army, Economic Opportunity Corporation, Friendship Center, Loaves & Fishes, The Task Force for Battered Women, and the Housing Task Force that houses homeless teens. This project will continue as further contributions are received. Youth Bureau Meeting Alderperson Efroymson reported that he attended a meeting at the Youth Bureau regarding joint recreation activities in the various townships. A task force will be created to investigate fee structure, recreational programming, and potential development of new sites. The City will be requested to participate in this task force. Alderperson Efroymson urged adequate representation on the part of the City. UNFINISHED AND MISCELLANEOUS BUSINESS Hierarchy of Streets - Resolution By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, that the issue of the so called "hierarchy of streets" be referred to the Planning and Development Committee. Carried Unanimously Inlet Island Land Use Plan Alderperson Hoffman stated that a memo has been received from the Planning Director stating that the Planning Board has expressed its intention to be Lead Agency in the Inlet Island Land Use Plan. Alderperson Hoffman remarked that he thought there was an argument for Council to act as Lead Agency. Alderperson Schroeder responded with the reasons why he felt the Planning Board should have the responsibility of conducting the Environmental Review. Executive Session By Alderperson Daley: Seconded by Alderperson Efroymson RESOLVED, That Common Council adjourn into Executive Session at 11:25 p.m. to discuss an agreement with the County regarding a contract relating to parking and a report regarding long-term lease agreement of a site at the Cherry Street Industrial Park. Carried Unanimously Regular Session June 3, 1992 24 The Council reconvened in regular session at 11:30 p.m. and voted on the following resolution: Mental Health Building Parking By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into an agreement with the County of Tompkins and the City Attorney is further directed to prepare and the Mayor is authorized to execute all necessary papers to comply with the terms of the said agreement. A vote on the resolution resulted as follows: Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Berg Nays (1) - Hoffman Carried ADJOURNMENT: On a motion, the meeting was adjourned at 11:38 p.m. _______________________________ _______________________________ Callista F. Paolangeli Benjamin Nichols City Clerk Mayor