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Home My WebLink AboutMN-CC-1992-11-04 355 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 :00 p.m. November 4, 1992 PRESENT: Mayor Nichols Alderpersons ( 10) - Booth, Johnson, Efroymson, Daley, Blanchard, Romanowski, Schroeder, Golder, Hoffman, Berg OTHERS PRESENT: City Attorney - Guttman Deputy City Clerk - Conley-Boyle City Controller - Cafferillo Deputy , City Controller - Thayer Fire Chief - Olmstead Police Chief- McEwen Superintendent of Public Works —Gray Planning & Development Director - Van Cort Building Commissioner - Eckstrom r Planning & Development Deputy Director - Sieverding Q0 Deputy Fire Chief Dorman N Community Development Coordinator - Norton M Historical Preservation/Neighborhood Planner - Chatterton W Fire Department Volunteer Coordinator - Lynch Zz Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the October 7, 1992 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Schroeder RESOLVED, That the Minutes of the October 7, 1992 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderperson Booth requested the substitution of a resolution for Item 15 . 4, Request to Apply for Federal/State Grant Respecting Ice Rink. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Subdivision C of Section 325-9 of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code (Satellite Dishes and Towers) Resolution to Open Public Hearing By Alderperson Berg: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider an Ordinance amending Subdivision C of Section 325-9 of Chapter 325 entitled Zoning' of the City of Ithaca Municipal Code (Satellite Dishes and Towers) be declared open. Carried Unanimously Alderperson Hoffman explained the proposed amendment to the Satellite Dishes and Towers Ordinance. No one appeared to address the Council . 1 356 Common Council Minutes November 4, 1992 Resolution to Close Public Hearing By Alderperson Berg: Seconded by Alderperson Booth RESOLVED, That the Public Hearing' to consider an Ordinance amending Subdivision C of Section 325-9 of Chapter 325 entitled ` Zoning' of the City of Ithaca Municipal Code ( Satellite Dishes and Towers ) be declared closed. Carried Unanimously Public Hearing to Consider an Ordinance Amending Section 325-3, Subdivision C (1) (i ) of Section 325-9 and Subdivision A of Section 325-8 of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code (Home Occupation Definitions) Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Berg RESOLVED, That the Public Hearing to consider an Ordinance amending Section 325-3, Subdivision C( 1 ) ( j ) of Section 325-9 and Subdivision A of Section 325-8 of Chapter 325 entitled ` Zoning' of the City of Ithaca Municipal Code (Home Occupation Definitions ) be declared open. Alderperson Schroeder explained the proposed amendment to the Home Occupations Definitions Ordinance. No one appeared to address the Council . Resolution to Close Public Hearing . By Alderperson Berg: Seconded by Alderperson Schroeder RESOLVED, that the. Public Hearing to consider an Ordinance amending Section 325-3, Subdivision C( 1 ) ( j ) of Section 325-9 and Subdivision A of Section 325-8 of Chapter 325 entitled Zoning' of the City of Ithaca Municipal Code (Home Occupation Definitions) be declared closed. Carried Unanimously Public Hearing to Consider Request of the Southside Community Center for a Waiver from Section 325-8, Column 4, Minimum Off- street Parking, and Column 10, Maximum Front Yard Dimension, Column 11, Maximum Percentage of Coverage, and Column 15, Minimum Rear Yard Requirements of the Zoning Ordinance Resolution to Open Public Hearing By Alderperson. Berg: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider request of the Southside Community Center for a waiver from Section 325-8, Column 4, minimum off-street parking, and Column 10, maximum front yard dimension, Column 11, maximum percentage of coverage, and Column 15, minimum rear yard requirements of the Zoning Ordinance be declared open. The following persons spoke in favor of the waiver requirements for the Southside Community Center: Joseph Zanfordino - 122 Fayette Street, Ithaca Barbara Ebert - 412 North Cayuga Street, Ithaca Mayor Nichols referred to a letter from Robin J. Summers, 313 South Plain Street, Ithada, in favor of the waiver for the Southside. Resolution to Close Public Hearing By Alderperson Berg: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing to consider request of the Southside Community- Center for a waiver from Section .325-8, Column 4, minimum off-street parking, and Column 10, maximum front yard dimension, Column 11, maximum percentage of coverage, and Column 15, minimum rear yard requirements of the Zoning Ordinance be declared closed. Carried Unanimously 2 357 i Common Council Minutes November 4, 1992 MAYOR' S APPOINTMENTS: Police Community Board Mayor Nichols requested approval of Council for the appointment of Marie R. Johnson, 501 North Tioga Street, Ithaca, to the Community Police Board, with a term to expire December 31, 1994 . Resolution By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Marie R. Johnson to the Community Police Board with a term to expire December 31 , 1994 . Carried Unanimously Ithaca Housing Authority Mayor Nichols reported that he has reappointed Raymond Melton, 125 Edgemoor Lane, Ithaca (Lambda Chi Alpha) to the Ithaca Housing Authority with a term to expire October 17 , 1997 . r Neighborhood Advisory Committee on the Central Processing Facility (V (County Committee m Mayor Nichols reported that he has appointed Andy Foster, 216 Wood z Street, Ithaca, to the Neighborhood Advisory Committee on the Central Processing Facility. County Youth Board Mayor Nichols reported that he has appointed Bonnie Hartley, 842 North Aurora Street, Ithaca, to the County Youth Board. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Ithaca Fire Department The following people spoke to Council in opposition of the - Resolution on the agenda regarding reducing overtime funds for the Ithaca Fire Department by investigating staffing alternatives : Mr. N.C. Dylan Willoughby - #9 Volunteer Mr. James Mayer - Volunteer Fire Fighter (Company Captains) Mr. David Burbank - Pres . , Paid Fire Fighters Association Mr. Lyle Neigh - 321 South Titus Ave (volunteer fire fighter) Memorandums, letters and statements were submitted to the Deputy City Clerk and are on file in the Clerk' s Office. Citizens to Save Our Parks Doria Higgins, speaking for Citizens to Save Our Parks, handed in 178 additional signatures of people who have used the Festival Land next to Treman Marina as park land, bringing the total signatures to 615 on the petition she submitted last month. She stated that according to New York State Law these signatures are evidence that the Festival Land is park land by implied dedication. Ms . Higgins also stated that National Park Service regulations specify that park land must be appraised for its "highest and best market use" which, in the case of Inlet Island Park, would mean commercial use. Ms . Higgins statement and the petition are on file in the City Clerk ' s Office. Center Ithaca Mr. Alan Cohen, 302 East State Street, spoke to Council regarding the amount of money Center Ithaca owes the City and how much of it will actually be collected. He expressed his outrage at how this matter is being handled by the Common Council . 3 i 358 Common Council Minutes November 4, 1992 Earth Flag The following persons spoke to Council in favor of the Resolution on the agenda regarding flying the Earth Flag whenever other flags are flown at City Hall : Stephanie Ronai - 201 North Aurora Street Paul Glover - Ithaca Money Ms . Ronai and Mr . Glover donated an Earth Flag to the City and presented it to Common Council . Solid Waste Disposal Mark Finkelstein, 210 Lake Street, addressed Council regarding solid waste disposal fees . He stated that solid waste disposal fees in Tompkins County will be increased to $166 . 92 a ton next year with the implementation of the Waste Management User Fee. This represents a 14% increase. He requested that Council continue to urge the County to stop construction of the Central Processing Facility. CDBG/Economic Development Funds The following persons spoke to Council in favor of the Community Development Block Grant: Richard Cowles (owner of Ithaca Scrap property) George Maloney (Pal ' s Sports Center) Patricia Norton (read letter from Doug Dylla) Terry Cullen, owner of Cullens Sporting Goods, spoke in opposition of the Community Development Block Grant. Blue Light Cab Company Chris Katz; President of Blue Light Cab Co. , addressed Council in favor of allowing cab companies to offer discounts and coupons to volume customers or customers that have been inconvenienced by the company. He expressed his opposition however to removing the portion of the ordinance which sets a minimum rate that cab companies may charge. • RESPONSE TO THE PUBLIC_: Fire Fighters Concerns Alderperson Daley responded to the Fire Fighters who spoke to Council . He explained that the intent of the proposed resolution is not to reduce the number 'of paid fire fighters but to reduce the amount of overtime incurred. Mayor Nichols stated that the budget he is presenting has retained. the same number of paid fire fighters that we currently employ. He stated that there is no intention to reduce the number of paid fire fighters, however, there are proposals involved with the use of the personnel, the amount of overtime, and equipment. He further stated that he welcomes the Board of Fire Commissioners, the paid fire fighters, and the volunteers to participate in a discussion on how the Fire Department can properly serve this community as efficiently as possible with the staff and equipment currently available. REPORT OF .CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Board on the following matters : Downtown Signage - The Board passed a resolution on October 28th in accordance with a request from the Downtown Vision Task Force for improved signage for the downtown area. Placement of these signs is contingent oy NYS DoT approval because of the State right-of- way. 4 359 Common Council Minutes November 4, 1992 North Cayuga Street Bridge Reconstruction - Staff recommended changes to curb alignments and a change in the traffic patterns to improve operations at the related intersections . The Board passed a resolution on October 28th making the 100 block of Lake Avenue one-way north between Cascadilla Ave. and Monroe St. Cascadilla Avenue along the creek is still closed to traffic until the new railings are installed along the creek. Spencer Road Traffic Pattern - On May 21st a 90-day trial traffic pattern was implemented and later extended for 75 days to allow the Engineering Department time to gather more data. The extension expired on November 1st, The Board has reviewed the data along with comments from the residents . The residents in the 500, 600 and 700 blocks of Spencer Road are experiencing less traffic and positive comments have been received from them, but the residents who live in the 400 block and an area business are being inconvenienced. There is difficulty in enforcement, many people r are violating the one way signage, and increased traffic impacts are being felt on South Albany, South Titus, Wood, and South N Streets . The Task Force on Traffic issues will review this issue m and the Board will continue to investigate options . The Board Z voted 4-2-1 to continue the present configuration until further change to provide stability to the current situation. Commissioner Reeves answered questions from Council members . COMMUNICATIONS FROM THE MAYOR: Mayor Nichols highlighted the 1993 Mayor 's Budget Message which will be included_ in its entirety in the December 2, 1992 Common Council Minutes . REPORT OF CITY ATTORNEY: Pending Cases Being Brought by the City City Attorney Guttman reported on .several pending cases that the City has brought against individuals in regards to certificates of compliance, labor arbitrations, etc. BUDGET AND ADMINISTRATION COMMITTEE: * 15.7 Fire Department - Request to Approve Policy on Fire Vehicles and Overtime By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, over $100, 000 in overtime will be expended this year in order to staff the shifts at the current complement of fire fighters, and WHEREAS, in the future, the necessity of reducing non-essential personnel will be more imperative than ever; now, therefore, be it RESOLVED, That the Common Council requests that the Board of Fire Commissioners investigate the staffing levels of the Fire Department with an aim of reducing paid fire fighter personnel including the possibility of using active volunteers to fill out the necessary complement of fire fighters for those few calls requiring a full complement of fire fighters to adequately respond, and be it further RESOLVED, That the Board of Fire Commissioners be requested to provide the Common Council with 3 possible staffing alternatives to reduce the number of paid fire fighters in time for the budget discussions on November 18, 1992 . Extensive discussion followed on the floor. Recess Council called a five minute recess to revise the resolution that was presented to Council . 5 360 Common Council Minutes November 4, 1992 Substitute Resolution WHEREAS, over $100, 000 in overtime will be expended this year in order to staff the shifts at 'the current complement of fire fighters, and WHEREAS, in the future, the necessity of controlling costs will be i more imperative than ever; now, therefore, be it RESOLVED, That the Common Council requests that the Board of Fire Commissioners conduct an ongoing investigation of the staffing levels of the Fire Department with an aim of reducing overtime costs while using the number of currently filled positions, and be it further RESOLVED, That the Board of Fire Commissioners be requested to provide the Common Council with 3 possible alternatives to reduce the overtime costs in the 1993 budget in time for the budget discussions on November 18, 1992 . Motion to Accept Substitute Resolution By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That the Common Council substitute the above resolution for the original resolution as presented. Carried Unanimously I Extensive discussion followed regarding the substitute resolution. i A vote on the substitute resolution resulted as follows : Carried Unanimously ! * 15. 1 DPW - Request to Amend Alex Haley Memorial Fund Brick Contract By Alderperson. Booth: Seconded by Alderperson Johnson WHEREAS, Common Council, on September 2 , 1992, authorized the sale of 600 used bricks to the Alex Haley Memorial. Fund at a cost of $150 . , for a project at 212 Cascadilla Street, and i WHEREAS, the Alex Haley Memorial Fund has purchased 100 bricks to date at a cost of $25 . and intends to use another 500 bricks which would cost an additional $125 . , and WHEREAS,., the Alex. Haley Memorial Fund is unable. to derive the income to pay for the remaining 500 bricks; now, therefore, be it ! RESOLVED, That subject to review by the City Attorney, the City of j Ithaca shall amend the brick contract with the Alex Haley Memorial j Fund to permit a trade of advertising in the Ithaca. Child for the remaining $125 . , and be it further RESOLVED, That the amendment to said brick contract shall be contingent upon t-he approval of the advertisement by the City' s Commons Coordinator,. Carried Unanimously I * 15.2 Planning Department - Request Funding for Budgetary Value Analysis for Inlet Island Land and Potential Substitute Properties By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Planning Department has recommended that a Budgetary Value Analysis be performed at a cost of $8, 000 ., on certain Inlet Island lands and certain potential substitute properties; now, therefore, be it RESOLVED, That Francis and Company be hired to perform a Budgetary Value Analysis on the potential substitute properties and Inlet Island land, including an assessment of the full market value at i i 6 361 Common Council Minutes November 4, 1992 highest and best use of all said lands at a cost not to exceed $8, 000 . , and be it further RESOLVED, That the funds needed for said Analysis be derived from Capital Project #207 West End Development Carried Unanimously * 15. 3 Building Department - Request from American Red Cross to Waive Fee j By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the American Red Cross will be using the Yengo Trust Building located at 324 West State Street for a Haunted House Special event from October 26 - October 31, 1992, and WHEREAS, the Building .Department will need to issue a Temporary Certificate of Occupancy for the property with a fee of $100 . , and "r - WHEREAS, the American Red Cross provides many services that benefit the residents of the City of Ithaca, and mN WHEREAS, the. American Red Cross has requested that the said $100 fee be waived; now, therefore, be it z C RESOLVED, That Common Council waives the $100 Certificate of G Occupancy fee required for the said special event. Carried Unanimously * 15.4 DPW - Request to Apply for Federal/State Grant Respecting Ice Rink By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That the Mayor is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provisions of the Land and Water Conservation Fund in an amount not to exceed $229, 416 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the renovations to Cass Park Rink. Carried Unanimously * 15.4A Request to Apply for Federal/State Grant Respecting Ice Rink By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That if the grant application for renovations to the Cass Park Rink is approved by the New York State Office of Parks, Recreation and Historic Preservation in the amount of $229, 416, the Department of Public Works shall bring the corresponding agreement back to Common Council for further consideration. Carried Unanimously * 15. 5 Fire Department - Request Expenditures from Fire and Building Code Funds By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Authorized Equipment List of the Fire Department be amended by adding the following items : Six ( 6) Wyse Computer terminals for $2 , 118 One ( 1 ) Epson Printer for $ 820 Five ( 5 ) Modems for $1 , 460 and be it further RESOLVED, That $3, 710 be transferred from Account A690-6 and $688 be transferred from A690-10 New York State Building and Fire Code Aid to the following accounts : 7 362 Common Council Minutes November 4, 1992 A3410-225 Other Equipment $2 , 938 A3410-477 Equipment Parts $1 , 460 to allow the acquisition of said equipment. Carried Unanimously * 15.6 Fire Department - Request Amendments to 1992 Fire Department Budget By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the 1992 General Fund Budget for Fire Department purposes be Amended as follows : 1992 Current Amendments 1992 Amended Increase Adj . Budget (Decrease) Budget 3410- -105 Salaries, Admin. $ 226, 269 ( 2 ) 226, 267 -110 Salaries, Staff 2, 307, 878 (28, 677 ) 2 , 279, 201 -125 Overtime 70, 000 36, 683 106, 683 -225 Other Equipment 10, 856 -0- 10, 856 -405 Telephone 7 , 900 100 8, 000 -410 Utilities 79, 500 ( 300) 79 , 200 -415 Clothing 60, 150 ( 15, 150) 45, 000 -420 Gas & Oil 19, 000 ( 3, 500) 15, 500 -425 Office Expenses 7 , 700 ( 2, 200) 5, 500 -435 Contractual Services 44, 804 9 , 073 53, 877 -440 Staff Development 25, 000 ( 15, 000), 10, 000 -445 Travel & Mileage 300 ( 300) -0- -450 Advertising 346 -0- 346 -460 Program Supplies 25, 144 ( 11, 144) 14, 000 -470 Equipment Rental 475 29 504 -475 Property Maintenance 12, 500 8, 400 20, 900 -476 Equipment Maintenance 60, 552 13, 448 . 74, 000 -477 Equip. Parts & Supp. 36, 460 8, 540 45, 000 -480 Building Main. &Supp. 5, 700 -0- 5, 700 3, 000, 534 -0- 3, 000, 534 and, be it further RESOLVED, That the City Controller shall monitor the activity within said Fire Department 1992 Budget, and report back to Common Council for further consideration and possible action. Carried Unanimously * 15.8 Fire Department - Request to Establish Capital Project for Purchase of Fire Vehicles By Alderperson Booth: Seconded by Alderperson Berg WHEREAS, the Fire Department has recommended the replacement of their vehicles 4909, 1976 Pumper and #939, 1972 Aerial Vehicle based on the established 15 year replacement schedule; now, therefore, be it RESOLVED, That the Board of Fire Commissioners is hereby authorized to solicit ,bids for the acquisition of said vehicles, at a total cost for said vehicles not to exceed $900, 000 . , and be it further RESOLVED; That Capital Project #264 Fire Vehicle Acquisition be established in an amount not to exceed $900, 000 for the purchase of one ( 1 ) Aerial Vehicle and one ( 1 ) Pumper Vehicle, and be it further RESOLVED, That the funding for said project shall be derived from the issuance of Serial Bonds . Carried Unanimously 8 363 Common Council Minutes November 4, 1992 * 15.9 City Attorney - Request to Hire Outside Counsel for Litigation By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That an amount not to exceed $1, 000 shall be transferred from A1990 Unrestricted Contingency, to account A1420-435 City Attorney Contractual Services for the purpose of hiring the law _ firm of Nelson Roth in connection with litigation brought against the City. Carried Unanimously * 15. 10 City Attorney - Request for Review of Litigation By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the City Attorney ' s office be authorized to purchase a legal opinion for review, in connection with litigation brought by the City, and be it further RESOLVED, That an amount not to exceed $2, 000 be derived from T' Capital Project #239 Tank Removal for said opinion. Carried Unanimously N m * 15. 11 Building Department — Request to Establish Capital Project for Demolition of Building By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the Building Commissioner has determined that a building located on the property known as 602 West Seneca Street is unsafe and has ordered its repair or removal on December 5, 1991 and ordered the termination of utility connections, and installed locks on the entry doors to control unauthorized entry, and WHEREAS, the owner, Mr. John Hwang, has indicated that he is not in a financial position to comply with the order, and WHEREAS, the Building Commissioner is concerned that the building is unstable and unable to support the snow and wind loading of the winter season, and therefore' represents a significant risk of injury to the public, and WHEREAS, the Building Commissioner determined that the costs associated with the removal of the building, including an environmental audit and landfill fees, as well as the labor and contingencies is $76, 000 . , and WHEREAS, if the City removes the structure, the cost of such removal plus fifty percent ( 50% ) for administration, will be recoverable by the City; now, therefore, be it RESOLVED, That Capital Project #263, Building Demolition be established in the amount of $76, 000 . for the demolition and removal of said structure, inclusive of the required environmental test and associated expenses . Carried Unanimously * 15. 12 Finance/Controller - Request Authorization to Cover Red Accounts By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the City Controller be empowered to make transfers within the 1992 Budget appropriations as needed, for the remainder of the 1992 Fiscal year. Carried Unanimously * 15. 13 Finance/Controller - Request to Approve Sidewalk Assessments By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Board of Public Works levied sidewalks assessments on January 4, 1989 and June 7 , 1991 in the City of Ithaca, and 9 364 Common Council Minutes November 4, 1992 WHEREAS, public hearings thereon were held by said Board on July 29 , 1987 and May 10, 1989, and WHEREAS, on October 7 , 1992 said Board approved said assessments and filed a schedule thereof with the Common Council for confirmation and final approval; now, therefore, be it RESOLVED, That said assessments in the total amount of $41, 501 . 10 be, and the same is hereby approved and confirmed, and be it further - RESOLVED, That the City Clerk be, and hereby is, directed to prepare a warrant on the City Chamberlain, in accordance with such schedule, for the collection of said assessments; and that the Mayor and City Clerk be authorized to sign and execute such warrant; whereupon all such assessments will become due and payable from the date of execution thereof; and on all such assessment or portions thereof remaining unpaid after the expiration of six months from the date of such warrant, the City Chamberlain shall add and collect the percentage thereon, at the rate of 10% per annum, except and provided, however, that the City Chamberlain may allow persons to pay their assessments, if the aggregate amount exceeds $100 . , in five equal installments, with interest at 10%, on or about June 1, each year, provided, however, that any person desiring to pay by installments shall make application promptly, in writing, to the City Chamberlain; and all properties having such assessments or portions thereof of installment payments in arrears and remaining unpaid at the close of any City Tax collection period shall be included by the City Chamberlain in. the subsequent City Tax to be collected in the manner .and subject to the same penalties and procedures as the City Tax. Carried Unanimously * 15. 14 Center Ithaca Reorganization Plan and the Center Ithaca Redesign Agreement By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Ithaca Urban Renewal Agency holds a second and third mortgage on the Center Ithaca property as security for a $1 , 445, 000 . 00 Urban Development Action Grant loan to Center Ithaca Associates to construct the building and a $250, 000 . 00 loan on the underlying land, said loans now totalling approximately $2 , 198, 350 in principal and accrued interest, and WHEREAS, in spite. of a total restructuring of both the financial and physical structure 'of Center. Ithaca in 1984 as proposed by Halcyon, Ltd. , consultants to the Department of Housing and Urban Development, which has resulted in more leasable and marketable space in the Center, the project has not been able to make all of its debt service payments, and WHEREAS, the amount of initial and accrued debt is such that it is economically infeasible that given the amount ., of leasable area within Center Ithaca and the commercial rent structure in the Ithaca market it will ever generate sufficient income. to service this debt, and WHEREAS, the income Center Ithaca is capable of producing suggests it can only support a value of approximately $2 . 73 million, and WHEREAS, in view of the above Center. Ithaca. Associates has filed for protection from its creditors under Chapter 11 of the Bankruptcy Code to allow it to propose a reorganization plan that will allow it to restructure its debt relative to the income it is able to generate in this market, and 10 365 Common Council Minutes November 4, 1992 WHEREAS, Center Ithaca has developed and filed with the Bankruptcy Court a reorganization plan to restructure all its debt in a fashion that it believes will create a more financially stable Center Ithaca, and WHEREAS, as part of its reorganization plan, Ithaca Center Associates has rejected and disavowed the existing "Operating and Reciprocal Agreement" regarding the Center Ithaca Atrium; and WHEREAS, Center Ithaca Associates has in its reorganization plan agreed to negotiate an amended agreement regarding the Center Ithaca Atrium; and WHEREAS, as a major creditor, the City can cast a vote to accept or reject the proposed plan; now, therefore, be it RESOLVED, That the City agrees to the terms of the Plan of T Reorganization for Center Ithaca which establishes the amount of (� the City' s interest in Center Ithaca at 14 . 5% of Class V creditors (V or approximately $316, 500 . 00, such, amount to accrue interest at the m prevailing long-term federal rate and be payable in 2032 , and be 7 further Z RESOLVED, That the City approves the modified atrium agreement in which Center Ithaca Associates agrees to make the open space in the atrium available at no charge to the City or its special event permittees under certain conditions and agrees to permit certain free speech-related activities under certain conditions, and be it further RESOLVED, That the Mayor is authorized to execute all documents necessary to cast an affirmative vote on the plan and implement the reorganization plan upon the recommendation of the City Attorney and the Director of Planning and Development, and be it further RESOLVED, That the Mayor is authorized to execute the Center Ithaca Atrium Redesign Agreement. City Attorney Guttman explained that the IURA holds a secondary mortgage interest in the Center Ithaca property in the approximate amount of $2 . 2 million. This comes from a $250, 000 land loan which was derived from City funds, a $1, 445, 000 UDAG loan, and accrued interest on both. City Attorney Guttman explained the atrium agreement with Center Ithaca Associates, and the results of their recent Chapter 11 proceedings . Extensive discussion followed on the floor. Alderperson Romanowski, asked that the previous tax status owed on the property be stated for the record. Deputy Director of Planning and Development Sieverding responded that the property taxes on this property have been paid every year. Further discussion followed on the floor about whether or not the atrium agreement should be separated from the bankruptcy proceeding. City Attorney Guttman stated that the Center Ithaca attorneys have indicated that this issue is scheduled for court in December. He suggested that if Council is not satisfied with the atrium agreement, they should table the Resolution at this time, unless they wish to oppose the disclosure statement. He further suggested that if Council does table the Resolution, they should at 11 366 Common Council Minutes November 4, 1992 least appoint either the Mayor and/or members of Council to have authority to negot;_a'e the exact terms of an atrium agreement. Alderperson Hoffman provided background information on the atrium agreement at the time it was constructed. Motion to Refer to Committee By Alderperson Blanchard: Seconded by Alderperson Schroeder RESOLVED, That the matter of the Center Ithaca Reorganization Plan and the Center Ithaca Atrium Redesign Agreement be referred to the Intergovernmental Relations Committee, with the Mayor and City Attorney designated to negotiate the points in question and report . back to the IGR Committee for recommendation to Common Council . Mayor Nichols noted for the record that in spite of the mistakes that have been made, there has been ongoing business which has kept downtown Ithaca more alive. The City has received property tax and sales tax income from Center Ithaca, and has only directly lost the land cost ( $316, 000, with interest) . A vote on the Motion to Refer resulted as follows : Carried Unanimously * 15. 15 Audit By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #20/1992 in the total amount of $17 , 732 . 00 be approved for payment. Ayes ( 9 ) - Booth, Johnson, Romanowski, Schroeder, Golder, Hoffman, Berg, Efroymson, Daley Nay ( 1) - Blanchard Carried * 15. 16 Mayor' s Proposed Budget By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED., That. the Mayor ' s proposed Budget .for 1993 is referred to the Budget and Administration Committee for its review and action, and be it further RESOLVED', That in the Budget and Administration Committee ' s review of the proposed Budget, each member of Common Council who attends one of the Committee ' s budget review sessions shall have an equal vote during that session, and be it further RESOLVED, That any five (5) Council members shall constitute a quorum for conducting business at any of the Committee ' s budget review sessions, with the majority of those present having authority to take action at that session. Alderperson Booth announced that the Budget meetings will be held on November 5, 11, 17, 18, 19, and 24, 1992 . The meetings start at 7 : 30 p.m. , and will be held in Common Council Chambers, City Hall, 108 E . Green St, Ithaca, NY. Alderperson .Booth announced that there will not be a Common Council Committee of the Whole meeting in November, and the budget will be voted on at the December Council meeting. A vote on the resolution resulted as follows : Carried Unanimously Recess Common Council recessed at 9 : 55 p.m. and reconvened in regular session at 10 : 05 p.m. 12 367 Common Council Minutes November 4, 1992 NEW BUSINESS• * 22 .2 Ithaca Landmarks Preservation Commission Appeal (Kuckes) Alderperson Schroeder explained. that the Appeal by Martha and Arthur Kuckes is a result of the ruling by the Ithaca Landmarks Preservation Commission regarding whether vinyl siding could be applied to the house on 110 Sears Street. He further explained the ground rules for the appeal . Mrs . Martha Kuckes stated that she and her husband are appealing the denial of their application to use vinyl siding on a rental property they own at 110 Sears Street. The Kuckes ' stated that they believe the Commission acted arbitrarily in consciously ignoring their duty to review the application with regard to Section 228-4E, lb, of the City of Ithaca Municipal Code, which states that the Commission should not deny a request for a Certificate of Appropriateness if doing so would "prevent the owner of the landmark or' improvement within a district from earning a �— reasonable return on said owner ' s property subject to this regulation" . N m Mr. John Benson, member of the Ithaca Landmarks Preservation Commission, addressed Council regarding the Kuckes ' appeal . Mr. Z Benson stated that in considering any application, the Commission C first evaluates whether the proposal will have a substantial G adverse effect on the aesthetic, historical or architectural significance and value of either the landmark, or if the improvement is within a district of neighboring improvements, in a district as stated in the Municipal Code. Only after considering these effects, will the Commission consider whether denial of the Certificate of Appropriateness would prevent the owner from earning a reasonable return. Mr. Benson stated that if the Kuckes ' have additional financial information to present, the Commission would reconsider the appeal . Extensive discussion followed on the floor with Mr. Benson and the Kuckes ' responding to questions from .Council members . Each party made rebuttal statements . Motion to Refer By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, Martha Kuckes and Arthur Kuckes, hereinafter referred to as "Kuckes" have appealed to the Common Council in the City of Ithaca from a decision of the Ithaca Landmarks Preservation Commission dated July 9 , 1992 denying a Certificate of Appropriateness to replace existing clapboards with vinyl siding on the residence at 110 Sears Street, Ithaca, NY in the DeWitt Park historic district, and WHEREAS, both the Kuckes and Ithaca Landmarks Preservation Commission, hereinafter referred to as " ILPC" have had an opportunity to present their positions to the Common Council; NOW, THEREFORE, after due deliberation, the Common Council of the City of Ithaca makes the following findings of fact and determinations : FINDINGS OF FACT 1 . Kuckes applied for a building permit for their property at 110 Sears Street, Ithaca, NY to apply vinyl siding to the property. 2 . The property at 110 Sears Street is within the DeWitt Park Local Historic District. 13 368 Common Council Minutes November 4, 1992 3 . The permit application was properly referred to the ILPC to consider the issuance of a Certificate of Appropriateness since the proposed plans ' involved a material change of appearance of a structure within the Historic District as provided in Section 228-4 (E) of the City of Ithaca Municipal Code. 4 . The Commission met on July 9 , 1992, at which time it considered the application. 5 . The Commission determined that the property is architecturally and historically significant as a representative example of the modest "worker" residences constructed in that area in the late Nineteenth Century. 6 . The Commission further determined that the structure retains a modest level of integrity. 7 . The Commission further determined that the visual relationship of existing clapboards and trim are an integral part of the historic and architectural character of the structure and that the existing clapboards and trim are components of the original historical fabric and, although in need or painting, are in relatively good condition. 8 . The Commission further determined that the structure exhibits characteristics of a moisture problem which might be exacerbated by the application of synthetic siding. 9 . The Commission further noted that the building is located within' ten feet of the pedestrian right-of-way and that the proposed alteration would be highly visible. 10 . The Commission voted and determined that the proposal by Kuckes did not meet the criteria for, approval under the Ithaca Landmarks Preservation Ordinance and denied the request for a Certificate of Appropriateness . 11 . The Commission, pursuant to Section 228-5, stated its reasons for denying the Certificate of Appropriateness and transmitted a record of such action and the reasons therefor to the Building Commissioner and to the applicant. 12 . That the Commission did not, properly consider and make findings of fact regarding the applicant ' s ability to earn a reasonable return on the property and other relevant .financial considerations . DETERMINATIONS 1 . That while the Commission considered among other things whether the denial of the Certificate of Appropriateness would prevent Mr. and Mrs . Kuckes from earning a reasonable return. on their property, new information provided to Council by the applicants indicates that the Commission ' s decision should be vacated and this matter should be returned to the Commission for further hearing and full review including but not limited to consideration and a specific determination of whether denial of the requested certificate would prevent applicants from earning a reasonable return on their property. NOW THEREFORE, BE IT RESOLVED that the Common Council of the City of Ithaca does hereby remand this matter to the Ithaca Landmarks 14 369 Common Council Minutes November 4, 1992 Preservation Commission to reconsider the request by Martha and Arthur Kuckes to install vinyl siding on the property at 110 Sears Street. Further discussion followed on the floor regarding the motion. A vote on the motion resulted as follows : Ayes ( 7 ) - Booth, Schroeder, Hoffman, Berg, Johnson,' Daley, Efroymson Nays ( 3) - Blanchard, Romanowski, Golder Carried * 22 . 1 Southside Community Center - Extension of Zoning Waiver By Alderperson Daley: Seconded by Alderperson Johnson WHEREAS, the City is the sole fee simple absolute owner of the premises located at 305 South Plain Street in the City of Ithaca, T subject to restrictions and conditions contained in a Deed of (� Conveyance to the City of Ithaca, dated April 6, 1936 (Liber 239 of (V Deeds, Page 246 ) , , and a Deed of Conveyance to the City of Ithaca W dated August 22 , 1975 (Liber 547 of Deeds, Page 680) ; and Z WHEREAS, Southside is the sole fee, simple absolute owner of a strip of land known as tax parcel 80-5-16 . 2 , located on the south side of tax parcel 80-5-15, the tax parcel on which the building known as 305 South Plain Street is located, said parcel containing approximately 11 feet of frontage on South Plain Street and having a depth of approximately 89 feet; and WHEREAS, in 1991 , Southside, by authorization of the City ' s Common Council, had made application to the New York State for Youth for - a grant to rehabilitate the Southside Community Center building, which grant, if approved, would include funding for an approximately 1 , 028-foot addition to the building; and WHEREAS, although that grant was not received, Southside is making application for another grant to rehabilitate the Southside Community Center building which grant, if approved, would include funding for enlarged public recreation and community center activities as shown on the attached plans; and WHEREAS, the use of the building for public recreation, and accessory day care and education uses are allowable uses in the P-1 zone; and WHEREAS, district regulations require one off-street parking space per ten ( 10 ) persons viewing or participating public recreational activities; and an additional off-street parking requirement for accessory day care, education and office uses; and WHEREAS, according to current use of the building, there should be thirty-three ( 33) off-street parking spaces to comply with district regulations but no off-street parking spaces currently exist; and WHEREAS, based on the proposed use of the site, it is estimated that in order to comply with district regulations for off-street parking spaces, fifty-two (52 ) off-street parking spaces would need to exist; and WHEREAS, there are no plans for the creation off-street parking spaces resulting in the continuation and exacerbation of the area deficiency for off-street parking; and WHEREAS, currently there is a seven-foot zoning deficiency in the front yard setback which area deficiency would not be exacerbated by the proposed addition; and 15 370 Common Council Minutes November 4, 1992 WHEREAS, the district regulations require that no more than thirty- five (35) percent of the lot be covered by buildings; and WHEREAS, currently 21 . 6% of the lot is covered by buildings but the proposed plan would involve the coverage of 39% of the lot by buildings creating an area deficiency; and WHEREAS, district regulations require a rear yard setback of ten ( 10) feet; and WHEREAS, currently there is a thirteen ( 13) foot rear yard setback but the proposed plans would result in lack of any rear yard setback creating an additional area deficiency; and WHEREAS, this Common Council, at its November 6, 1991 meeting, determined that taken in its totality the increased non-conformity produced by the then-proposed addition represented a relatively minor deviation from the Zoning Ordinance area requirements; that the improvement of the Southside Community Center as contemplated would produce a substantial improvement in the quality of service that could be provided by the Southside Center to the neighborhood; and that on balance, the public interest would be served by the granting of a waiver of said deficiencies; and granted a waiver from zoning ordinance deficiencies for the then proposed addition; and WHEREAS, this Common Council, at its December 4, 1991 meeting, authorized the Mayor to execute a lease agreement with the Southside Community Center in which the Southside Community Center leased to the City of Ithaca, at an annual rental of one dollar ( $1 . 00) per year, tax parcel 80-5-16 . 2, being the above-mentioned 11 foot by 89 foot parcel of land, the term of said lease to commence at such time as the City/Southside obtained the aforesaid grant and to run for a period of fifty (50 ) years; said lease further providing that in the event that by December 31, 1992, the grant had not been obtained this agreement would terminate and be of no further force and effect; and, WHEREAS, the Southside Community Center is, at this time, requesting that the Common Council extend the date by which the Southside Community Center must obtain this grant without the lease terminating; and WHEREAS, the Southside Community Center has further requested that the Common Council waive the zoning area deficiencies for the current proposed addition; and WHEREAS, pursuant to New York State Common Law, as stated by the New York Court of Appeals in the case of Matter of Monroe County, and its progeny, it is the prerogative of the Common Council to determine whether to ( 1 ) strictly follow applicable zoning regulations, or (2 ) balance the public interest served by waiving the regulations to allow a municipal project to proceed, against the public interest served by strict compliance with local land use regulations; and WHEREAS, this Common Council has solicited and reviewed public comment regarding the above issues; and WHEREAS, this Common Council has balanced the following factors , with regard to the proposed Southside Community Center improvements : 1 . Parking a. Southside Community Center has operated at its present location since the mid-1930s, during which period there has been either no parking whatsoever 16 371 Common Council Minutes November 4, 1992 or a minimal one or two spaces serving the building; b. this lack of required parking has not caused problems in the neighborhood; C. most of the users of the Southside Community Center are neighborhood residents and youth, and, therefore, very few use cars to travel to the site; d. provision of parking at the site would require demolition and paving of the Southside playground, which fully occupies the remainder of the site; and e. the proposed addition will not add a significant parking demand for the Center. T 2 . Excessive Percent of Lot Coverage QD a. While the proposed addition , would involve lot N coverage of 39% of the lot, this is only m approximately ten ( 10) percent above the lot coverage requirements; Z b. Reducing the proposed addition so that lot coverage is limited to 35% would seriously interfere with the programs to be conducted at the Southside Community Center resulting in a practical difficulty in performing the desired programs within the required lot coverage. The proposed addition would include a full size gym. Reducing the size of the addition would eliminate the ability to have a full size gym and basketball court . 3 . Front Yard Deficiency a. The property currently has a seven ( 7 ) foot front yard deficiency. b. This front yard deficiency will not be exacerbated by the construction of the proposed addition. 4 . Rear Yard Deficiency a . The proposed addition will create a rear yard deficiency. b. In order to avoid the creation of a rear yard deficiency, the proposed addition would have to have its width decreased by ten ( 10) feet which would result in inability to conduct the programs which the Southside Community Center desires to conduct at its site. C . There exists a practical difficulty in conducting the desired programs without creating a rear yard deficiency. 5 . The improvement of the Southside Community Center as contemplated by the proposed project would produce a substantial improvement in the quality of service that could be provided by the Southside Community Center to the neighborhood. 6 . The neighborhood to be b,enefitted by the proposed project includes a high percentage of low-income, single-parent families with a high proportion of school-age children for whom the existence of this Center and the proposed addition is an important resource. 17 372 Common Council Minutes November 4, 1992 7 . All of the deficiencies are area deficiencies . There exists practical difficulties in performing the functions of the Southside Community Center as proposed and complying with the zoning area requirements; and WHEREAS, on balance, the public interest will be best served by the granting of a waiver of the above named deficiencies by Common Council; now therefore, be it RESOLVED, That the Common Council hereby grants a waiver from the zoning ordinance deficiencies for the proposed addition as outlined on the attached site plan to the Southside Community Center; and be it further RESOLVED, That this Common Council authorizes the Mayor to execute a modification to Paragraph 2 of the aforesaid lease agreement between the City and the Southside Community Center, Inc . extending the December 31, 1992 date to December 31, 1993 . Extensive discussion followed on the floor. A vote on the resolution resulted as follows : Ayes ( 6) - Daley, Johnson, Blanchard, Efroymson, Schroeder, Golder Nays ( 4 ) - Romanowski, Hoffman, Berg, Booth Carried CHARTER AND ORDINANCE COMMITTEE: * 16.1a Amending Chapter 325, Section 325-9, Regarding Satellite Dishes and Antennas - Designation of Lead Agency for Environmental Review By Alderperson Hoffman: Seconded by. Alderperson Booth WHEREAS, State law and Section 176 . 6 of the City Code requires that a lead agency be established for conducting Environmental Review of projects in accordance with local and state environmental law, and WHEREAS, State law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, a proposed ordinance amending the Zoning Ordinance regarding satellite dishes and antennas requires review under the City' s Environmental Quality Review Act; now, therefore, be it RESOLVED, that the Common Council does hereby declare itself lead agency for the Environmental Review of the proposed amendment to the Municipal Code of the City of Ithaca. Carried . Unanimously * 16. 1b - Declaration of .No Significant Environmental Impact By Alderperson Hoffman: Seconded by Alderperson Berg WHEREAS, an amendment to the Municipal Code of the City of Ithaca Zoning Ordinance Section 325-9 regarding Satellite Dishes and Antennas requires review under the.State Is. and City' s Environmental Quality Review Act, and WHEREAS, appropriate Environmental Review has been conducted including the preparation of a Short Environmental Assessment Form, and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act ( SEAR) , including the Part 617 Regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act, and 18 373 Common Council Minutes November 4, 1992 WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form dated September 4, 1992 , and be it further RESOLVED, That this Common Council, as lead agency, does hereby determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances; and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachments T- in the City Clerk' s office and forward the same to all parties as (� required by law. (V Carried Unanimously m * 16. 1c - An Ordinance Amending the Municipal Code of the City of Z Ithaca Zoning Ordinance Section 325-9 Regarding Satellite Dishes and Antennas By Alderperson Hoffman: Seconded by Alderperson Johnson AN ORDINANCE AMENDING SUBDIVISION C OF SECTION 325-9 OF CHAPTER 325 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 325-9 . That subdivision C( 1 ) (k) of Section 325-9 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 unless : i . The towers or structures are antennas or satellite dishes with a maximum dimension of six ( 6 ) feet or less, and ii . Such antennas or satellite dishes are not in a front yard, and iii . The maximum height (top to bottom) of such antenna or satellite dish, when combined with attached mounting supports, is 10 (ten) feet or less, and iv. Such antennas or satellite dishes, if they are to be located where they would ordinarily be visible from a public way adjoining the property, are subject to the following conditions : (a) If in a residential zone, or on a lot abutting or across a street or waterway from a residential zone, they shall be screened from such view. (b) In all other locations, they shall be screened from such view' or be of a color and/or in a location that will minimize their visual impact. " 19 374 Common Council Minutes November 4, 1992 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. Carried Unanimously * 16.2 An Ordinance . Amending the Code of the City of Ithaca, Chapter 232 Thereof, Entitled "Licensing of Business and Occupations" , to Delete a Portion of the Requirements of Taxicab Rates By Alderperson Hoffman- Seconded by Alderperson Romanowski ORDINANCE NO. 92- An Ordinance amending the Code of the City of Ithaca, Chapter 232 thereof, entitled "Licensing of Business and Occupations" , to delete a portion of the requirements of taxicab rates. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows : SECTION 1. Chapter 232 of the Code of the City of Ithaca, Section 232-70(B) is hereby amended by deleting and repealing Section 232-70(B) (7 ) , and renumbering the remaining Sections . SECTION 2 . Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as required in the Ithaca City Charter. Discussion followed on the floor regarding removing the section of the Municipal Code which prohibits illegal competition by setting a minimum rate. Motion to Refer to Committee By Alderperson Romanowski: Seconded by Alderperson Daley RESOLVED, That the Ordinance amending the Code of the City of Ithaca, Chapter 232 Thereof, entitled "Licensing of Businesses and Occupations" , to delete a portion of the requirements of taxicab rates be referred back to the Charter and Ordinance Committee for consideration of special exemptions, and to come back to Council. with two possibilities . A vote on the motion to refer to Committee resulted as follows : Ayes ( 6) - Romanowski, Blanchard, Daley, Johnson, Golder, Berg Nays (4) - Hoffman, Schroeder, Booth, Efroymson Carried PLANNING AND DEVELOPMENT COMMITTEE: * 17 .1 Subordination of NHS-Oity' s Mortgage to Henry St. John By Alderperson Schroeder: Seconded by Alderperson Booth WHEREAS, property -at 3L1 South Geneva Street commonly known as the Henry St. John Building, and the 'house next door at 111 West Clinton Street are now -owned by Ithaca Neighborhood Housing Services, Inc. , and WHEREAS, on February 28, 1984 the City lent to Ithaca Neighborhood Services, Inc . the proceeds of a UDAG Grant from the U. S . Department of Housing and Urban Development in the amount of $107, 250 . 00 which debt was secured by a mortgage on those properties, and WHEREAS, this $107 , 25.0. 00 mortgage debt was, on August 7 , 1987 , subordinated to a mortgage from Ithaca Neighborhood Housing 20 375 Common Council Minutes November 4, 1992 Services, Inc . to Citizens Savings Bank, F. S .B . in the total amount of $1, 140, 000 . 00, which mortgage debt to . Citizens Savings Bank affected several parcels of real property including the Henry St. John Building and the house next door, with the City mortgage lien being junior and subordinate to only that portion of the $1 , 140, 000 . 00 debt which was allocated to the Henry St . John Building and adjacent house debt which was set at that time in the amount of $441 , 886, and WHEREAS, due to the current availability of lower interest mortgages, Ithaca Neighborhood Housing Services, Inc . wishes, at this time, to refinance its existing Citizens Savings Bank mortgage and has received a commitment from Citizens Savings Bank to that effect, which commitment is conditioned on the City agreeing to continue to keep its lien junior and subordinate to the applicable portion of the new Citizens Savings Bank debt which applies to the Henry St. John building and the adjacent house, and T WHEREAS, the applicable portion of the Citizens Savings Bank debt (V which will apply to the Henry St. John Building and the adjacent W house is now set at $431, 000 . 00; now, therefore, be it RESOLVED, That the Mayor is authorized to execute the document to subordinate the mortgage debt from Ithaca Neighborhood Housing Services, Inc . to the City consistent with the above terms . Alderperson Booth requested the record show that the City Attorney recommends this action. A vote on the resolution resulted as follows : Carried Unanimously * 17 .2 Request to Reprogram CDBG/Economic Development Funds By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, the City of Ithaca has $90, 000 of Community Development Block Grant funds designated for economic development activities in the City, and WHEREAS, the Office of Housing and Urban Development (HUD) allocated the funds in 1987 and 1990 to the City for the creation of job opportunities for low- and moderate-income individuals, WHEREAS, the projects for which the funds were originally granted were never implemented and now, therefore, must be reprogrammed, and WHEREAS, these funds have been extensively marketed to local businesses for new job-creating activities, and WHEREAS, as a result of this effort, the IURA recommends a $90, 000 working capital loan to Pal ' s Sporting Goods, the anchor tenant in the proposed redevelopment of the Ithaca Scrap Processors site, and WHEREAS, the proposed loan has been approved by the Community Advisory Committee, the Economic Development Committee of the Ithaca Urban Renewal Agency, and by the IURA, and WHEREAS, as a result of the loan, a minimum of 7 full-time equivalent (FTE) jobs will be created in the first year of operation and 2 FTE jobs in the second year, and the City' s tax base will be expanded, and 21 . . ..__._. . _. . . 376 Common Council Minutes November 4, 1992 WHEREAS, the loan recipient and the Community Development office will affirmatively market the availability of these jobs to low income city residents who will receive first priority for the jobs, and WHEREAS, the reprogramming of these funds requires Common Council approval; now, therefore be it RESOLVED, That Common Council approves the program amendment for the CDBG economic development funds to make a $90, 000 loan to Pal ' s Sporting Goods and authorizes the Mayor, subject to approval by the City Attorney and the Director of Planning and Development, to execute the required legal documents . Extensive discussion followed on the floor on the merits of the project, HUD regulations and the loss of future block grant funds if this project is not approved, and the possible negative effects that Pal ' s Sporting Goods could have on area retail sporting good stores . A vote on the resolution resulted as follows : Ayes ( 6 ) - Schroeder, Blanchard, Romanowski, Efroymson, Johnson, Booth Nays (4 ) - Berg, Hoffman, Golder, Daley Carried Resolution to Extend Meeting Time By Alderperson Romanowski: Seconded by Alderperson Johnson RESOLVED, That the Common Council meeting be extended until 12 : 00 midnight. Carried Unanimously * 17 .3 Endorsement of Proposed Amendment to the State Uniform Fire Prevention and Building Code Regarding Rehabilitation of Existing Buildings By Alderperson Schroeder: Seconded by Alderperson Berg WHEREAS, the existing New York State Uniform Fire Prevention and Building Code places onerous code requirements on the adaptive reuse of older and historic buildings, and WHEREAS, one of the recommendations of the Downtown Vision Task Force was to work toward amendment of this code, and WHEREAS, the New York State Division of Housing and Community Renewal has scheduled public hearings regarding a proposed amendment to the New York State Uniform Fire Prevention and Building Code affecting older and .historic buildings, and WHEREAS, the proposed amendments will facilitate the rehabilitation and adaptive reuse of such structures; now, therefore, be it RESOLVED! That the Common Council does hereby express its enthusiastic support for the proposed amendments and urge that they be enacted as expeditiously as possible, and be it further RESOLVED, That the City Clerk is hereby directed to transmit a copy of this resolution to Mario Cuomo, Governor; Martin A. Luster, State Assembly; James L. Seward, Senator; and Fred L. Keener, PE, Director, Housing and Building Codes Bureau. Carried Unanimously 22 377 Common Council Minutes November 4, 1992 * 17 .4a - An Ordinance Amending Home OccuRation Definitions and Special Permit Requirements - Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, State law and Section 176 . 6 of the City Cade requires that a lead agency be established for conducting Environmental Review of projects in accordance with local and state environmental laws, and WHEREAS, State law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, a proposed ordinance amending the Zoning Ordinance regarding home occupations requires review under the City' s Environmental Quality Review Act; now, therefore, be it "r— RESOLVED, That the Common Council does hereby declare itself lead agency for the Environmental Review of the proposed amendment to N the Municipal Code of the City of Ithaca. Carried Unanimously m Z * 17 .4b - Declaration of No Significant Environmental Impact C By Alderperson Schroeder: Seconded by Alderperson Efroymson G WHEREAS, an amendment to the Municipal Code of the City of Ithaca Zoning Ordinance Sections 325-3, 325-8 and 325-9 regarding Home Occupations requires review under the State ' s and City' s Environmental Quality Review Act, and WHEREAS, appropriate Environmental Review has been conducted including the preparation of a Short Environmental Assessment Form, and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR) , including the Part 617 Regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form dated October 8, 1992, and be it further RESOLVED, That this Common Council, as lead agency, does hereby determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachments in the City Clerk' s office and forward the same to all parties as required by law. Carried Unanimously 23 378 Common- Council Minutes November 4, 1992 * 17 .4C An Ordinance Amending Home Occupation Definitions and Special Permit Requirements of Chapter 325 Entitled `Zoning' of the City of Ithaca Municipal Code By Alderperson Schroeder: Seconded by Alderperson Daley AN ORDINANCE AMENDING HOME OCCUPATION DEFINITIONS AND SPECIAL PERMIT REQUIREMENTS OF CHAPTER 325 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 THE HOME OCCUPATION DEFINITION OF SECTION 325-3 That the home occupation definition of Section 325-3 is hereby amended to read as follows : HOME OCCUPATION: ( 1 ) A subordinate use of a nonresidential nature which is conducted within a dwelling unit or a building accessory thereto by an occupant of the dwelling unit, which is clearly incidental and accessory or secondary to the use of the property for residential purposes and which meets the following additional conditions : (a) The occupation or activity is carried on wholly within the principal building or within a building or other structure accessory thereto. The purpose of the occupation or activity may be the administration or management -of a business that . has no impact on the surrounding neighborhood other than that permitted by the following criteria. ( See the definition of "accessory building. " ) (b) Not more than two (2 ) persons who are not residents of the household are employed or participate in the occupation at the - residence. (c) There are no exterior displays or signs, including those on vehicles parked outdoors, except as permitted under Chapter 272 , Signs, of this Code. (d) No offensive odor, noise, vibration, smoke, dust, heat or glare is produced. (See Sec. 325-23 of this chapter. ) (e) The "home occupation" does not generate traffic in any greater volume than would normally be expected in the affected residential neighborhood, and any need for parking generated by the occupation is met, off the street and in accordance with the regulations of Section 325-20 of this chapter. (f) The occupation occupies no more than 25% of the dwelling unit and no more than a total of 500 indoor square feet including accessory structures . (g) There is no exterior storage of materials, nor in an R1 zone more than a single marked or signed vehicle used by or advertising the occupation that are not stored in buildings, similarly no more than two such vehicles in R2 zones, and in R3 and in all other zones no more than three such vehicles . There is no other exterior indication of the "home occupation" or variation from the residential character of the lot or of the surrounding neighborhood. (2 ) In particular, a "home occupation" includes but is not limited to the following: an art studio, dressmaking, teaching and the professional office of a lawyer., engineer, architect, real estate broker or insurance agent within a dwelling occupied by the 24 379 Common Council Minutes November 4, 1992 same. Home occupations include the use of space .in the home for business record keeping, storage of goods used or sold by the occupation, or parking vehicles used in the occupation even if the occupation primarily conducts business off premises . SECTION 2 . AMENDING THE SUBDIVISION C OF SECTION 325-9 That subdivision C. ( 1 ) ( j ) of Section 325-9 is hereby amended to read as follows : ( j ) Home occupations in all R1 and R2 districts require a special permit unless the home occupation meets all the following criteria: ( 1 ) the occupation does not carry a stock of merchandise or store materials for resale or use in the occupation, except a reasonable supply of office supplies customarily r incidental to a small office. Nco (2 ) the occupation does not create traffic or need for parking beyond that which is customarily incidental to m the residential use of the property. Factors that are not Z to be considered incidental to residential use are C regularly scheduled events such as deliveries, client or G customer visits, or similar events . ( 3 ) the occupation requires or performs no exterior alterations and maintains no exterior display visible from outside the residence ( including vehicles with signage parked outside of buildings) except a name plate as permitted by municipal code chapter 272 . (4 ) the occupation does not create any noise, vibration, smoke, dust, or objectionable effects not customarily incidental and accessory to the residential use of the j property. SECTION 3 . AMENDING THE SUBDIVISION A OF SECTION 325-8 That zoning chart provided for in subdivision A. of Section 325-8 is hereby amended to read as follows : R1 zones add in column 3 a new item numbered 8 . to read as follows : 8 . Home Occupations : Special permits are required in certain situations ( See definition, Section 325-3, and criteria for exceptions, Section 325-9 .C. (i) ( j ) . ) R2 zones delete from column 3 item SECTION 4. 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. Carried Unanimously Parking Issues (Regulation of Back Yard/Side Yard Parkin Revisiting Odd/Even Parking - Report Alderperson Schroeder reported that the Committee briefly discussed backyard parking regulations because of concerns that entire backyards are being paved over. The Committee decided to proceed with a proposal from Building Commissioner Eckstrom that would establish certain landscaping requirements regarding screening, interior shading of parking lots, maintenance requirements, and requiring site plan review for backyard/sideyard parking for 25 380 Common Council Minutes November 4, 1992 aesthetic considerations only. It was also decided that the issue of odd/even parking should be reviewed. Alderperson Daley reported that the Board of Public Works was offered 3 options in regards to the odd/even parking issue - they could review it, they could review it in conjunction with the Planning and Development Committee, or that they allow the Planning and Development Committee to review it. The Board will put it on their agenda for consideration. New City Master Plan Alderperson Schroeder reported that the Planning and Development Committee is going to have a joint meeting with the Planning Board at the next meeting to discuss the possibility of drafting a new City Master Plan. HUMAN SERVICES COMMITTEE: * 18.1 Police Community Relations Alderperson Johnson requested that the following memo, dated October 19, 1992, regarding the Report of the Mayor ' s Task Force on Police-Community Relations be included in the minutes : "At a rally on the Commons and at two community meetings held in May and early June, 1992 at the Southside Community Center, a broad spectrum of community residents expressed various concerns about police-community relations . During the final community meeting, the participants developed the following list of six suggestions to improve police-community relations : " ( 1 ) acknowledge "double standard" (racism) in police behavior; (2 ) provide sensitivity training to all officers; (3 ) establish a mentor program between cops and kids; (4) order racially abusive officers to perform community service in Southside; (5) change the rules that govern the Police Review Board; and ( 6) change the jury selection process . " This list was incorporated into a letter to the Mayor which was read in the record at a later meeting of the Common Council . In June, the Mayor created the TASK FORCE ON POLICE-COMMUNITY RELATIONS and charged the Task Force with researching and making recommendations to the Mayor and Common Council for ways to improve Police-Community relations in Ithaca. The work of the Task Force was organized in the form of a Steering Committee and four working committees : the Jury Selection Committee; the Police-Community Involvement Committee; the Police-Community Relations Training Committee (first designated the . Police Sensitivity Training Committee) ; and Community-Police Board Committee. The Steering Committee was chaired by Alvin Nelson and consisted of the Chairs of each of the Task Force ' s four working committees, the President of the Police Benevolent Association, the Chair of the Community-Police Board, the Chair of the Human Services Committee of Common Council, and two ex-officio members, the Mayor and the Chief of Police. Later the Steering Committee voted to add two students, who attended some of the meetings . The two ex-officio members of the Steering Committee may provide additional comments on the work of the TASK FORCE under separate cover. Membership on the working committees was open to all interested members of the community and the Police Force who were willing to participate in the work of the committees . The Steering Committee and most of the other Committees met weekly throughout the Summer months, September, and into October in order to discharge their responsibilities . The Steering Committee wishes to commend the members of the working committees for the time and effort they have expended in service to the Ithaca community. 26 381 Common Council Minutes November 4, 1992 The Steering Committee is pleased to present reports as prepared by each of the four Task Force Committees, and the Steering Committee ' s recommendations regarding each of the reports . The Steering Committee unanimously endorses the recommendations of the Jury Selection Committee. It requests Common Council recommend to the Tompkins County Board of Representatives that it take appropriate steps to implement them. The Jury Selection Committee recommendations include: ( 1 ) expanding the master list from which prospective jurors are selected to include the widest possible representation of Tompkins County residents; (2 ) emphasizing the legal obligation to complete and return the questionnaire sent to all possible jurors; ( 3 ) directing anyone who fails to complete and return the questionnaire to appear at Court for determination of their qualification to serve on a jury; (4 ) developing and implementing written standards for excusing jurors from service and for granting jurors permission to postpone their jury service; (5 ) �— using a stratified random sampling technique to include African- American residents in jury pools in proportion to their percentage (V of the county population; and ( 6) calling for state legislation, if m necessary, to implement the above recommendations . Z The Steering Committee unanimously endorses and requests Common Council adopt and take appropriate steps to implement the recommendations of the Police-Community Involvement Committee. The Police-Community Involvement Committee recommends : ( 1 ) expanding the Community Policing project recently begun by the Ithaca Police in the Southside Community; (2 ) that the Ithaca Police invite city residents, especially Southside residents, ages 15 and over, to participate in a Ride-Along program; ( 3) implementing a P.E .E.R. (Police Efforts to Enhance Relations ) program at the Southside Community Center to increase positive interactions between police and children ages 7 through 14 during variety of program activities; and ( 4 ) holding an annual Ithaca City Field Day for police officers and youth. The Steering Committee unanimously endorses and requests Common Council adopt and take appropriate steps to implement the plans of the Police-Community Training Committee. The Police-Community Training Committee recommends : ( 1 ) that the City organize and conduct a community forum on "Know Your Rights" annually; (2 ) supporting the expansion of Community Policing program; ( 3) providing high quality training to police officers assigned to Community Policing before they commence their new duties; and (4) that community lay advocates be involved in police-community presentations and forums . Final recommendations from this working committee are pending the results of surveys of police officers and the community and will be forwarded after completion and review by the Steering Committee. The Steering Committee took the following three separate actions on the report of the Community-Police Board Committee. First, the voting members of the Steering Committee unanimously endorse recommendations number II through XIV contained in the report of the Community-Police Board Committee and requests Common Council action to implement these recommendations . The 13 specific recommendations can be summarized by the following: ( 1 ) make modifications to the structure of the Board, the method for selecting and removing and information provided to prospective Commissioners; (2 ) make changes in the procedures the Board uses for investigating citizen complaints and enhancemepts to currently available information about the Board; ( 3 ) locate support services for the Community-Police Board in an office outside the Police Department; and (4) increase reporting to complainants regarding action taken on complaints, and to the Common Council and the 27 382 Common Council Minutes November 4, 1992 community regarding Board activities, findings, recommendations, and other actions . In addition, the Steering Committee agrees that the police department can be added to the list of community organizations that may participate in the training of lay advocates per recommendation XI . Second, the Steering Committee, by majority vote, recommends the name of the Community-Police Board be changed to Citizen ' s Commission on Community-Police Relations . A minority endorse the recommendation of the working committee that the name be changed to Citizen ' s Commission of Community Relations . Third, the majority of the Steering Committee support the Committee ' s recommendation number XV that the City Attorney explore the feasibility of providing the Commission with the assistance of an independent investigator and requests Common Council adopt the recommendation. A minority expressed strong opposition to this recommendation. To oversee the implementation of the above recommendations and to coordinate the continuing work of the committees, the Steering Committee will continue its activity until February 28, 1993 . " Police-Community Relations Task Force STEERING COMMITTEE Alvin Nelson (Coordinator) Irene Stein Clayton Hamilton Richard Williams John Johnson Gerald Dumay (student) Amy Lewis Jose Montanez (student) Drew Martin Police Chief Harlin McEwen -- Marilyn Ray (ex-officio) Sara Shenk Mayor Ben Nichols (ex-officio) Resolution By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, at a rally held on the Ithaca Commons and at two community meetings held in early June, 1992 at the Southside Community Center, a broad spectrum of community residents expressed various concerns about police-community relations, and WHEREAS, during the final community meeting, participants developed a list of six suggestions to improve police-community relations, and WHEREAS, in June, the Mayor created the Task Force on Police- Community Relations, and WHEREAS, Council approved funding for support of this task force, and WHEREAS, the Steering Committee and most of the four working committees (Jury Selection, Police-Community Involvement, Police- Community Training, and Community-Police Board Committees ) met weekly throughout the summer months, plus September and into October in order to carry out their responsibilities, and WHEREAS, members of the Steering Committee and Chairs of the working committees presented the report of their work to the members of the Human Services Committee of Common Council at the October 26 meeting; now, therefore, be it 28 383 Common Council Minutes November 4, 1992 RESOLVED, That the Common Council wishes to recognize receipt of the Task Force ' s report and thanks all of those who served on the work committees and the steering committee, and be it further RESOLVED, That the Human Services Committee will review the recommendations of the report and forward them to the appropriate committees of Common Council and other appropriate bodies for action. Alderperson Johnson reminded Council members that there will be a community meeting on November 9, 1992 at the Southside Community Center at 7 : 30 P.M. to discuss the recommendations . A vote on the resolution resulted as follows : Carried Unanimously * 18.2 Earth Flag T By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, many citizens of Ithaca are concerned about local and (V global environmental problems, and WHEREAS, many Ithacans have changed their homes and lives to z benefit the environment, and WHEREAS, many Ithacans have dedicated time and effort to promoting environmentally beneficial public policy, and WHEREAS, an Earth Flag has been donated to the City by Pranafit and Ithaca Money, two local businesses, and WHEREAS, a petition signed by 50 area residents requests that the Earth Flag be flown at City Hall when other flags are flown; now, therefore, be it RESOLVED, That the City of Ithaca will celebrate Ithaca ' s environmental action and concern by raising the Earth Flag whenever other flags are flown, and, be it further RESOLVED, That the matter of flying flags other than the American flag on City Hall be referred to the Charter and Ordinance Committee to develop a definitive policy on the display of such flags . Discussion followed on the floor with Council members stating their opinions regarding flying flags other than the American flag on City Hall . Amending Resolution By Alderperson Romanowski: Seconded by Alderperson Schroeder RESOLVED, That the first Resolved Clause be deleted and that the following Resolved Clause shall be inserted in its place: "RESOLVED, That the City of Ithaca will accept the donation of the Earth Flag. " Discussion followed on the floor. A vote on the Amending Resolution resulted as follows : Aye ( 1 ) - Romanowski Nays ( 9 ) - Blanchard, Efroymson, Daley, Johnson, Booth, Golder, Schroeder, Hoffman, Berg Motion Fails 29 384 Common Council Minutes November 4, 1992 Alderperson Schroeder stated for the record that he will vote for this Resolution, but he would like the Charter and Ordinance Committee to consider a policy whereby any flag other than the American Flag would only be flown on holidays or special commemorative days appropriate to it . Main Motion A vote on the Main Motion resulted as follows : Ayes ( 8) - Blanchard, Efroymson, Daley, Johnson, Schroeder, Golder, Hoffman, Berg Nays (2 ) - Romanowski, Booth Carried Motion to Extend Meeting Until 12 : 15 a.m. By Alderperson Berg: Seconded by Alderperson Golder RESOLVED, That the Common Council meeting be extended until 12 : 15 a.m. Carried Unanimously * 18.3 Ithaca Festival Funding Request By Alderperson Johnson: Seconded by Alderperson Berg WHEREAS, Ithaca Festival Coordinators have expressed concern to Common Council about the permit policy for vendors on the Ithaca Commons who sell on a regular basis, and WHEREAS, the current policy of including the dates of the Ithaca Festival in the permits that the City issues vendors on the Ithaca Commons may result in a negative economic impact on the Ithaca Festival, and WHEREAS, continuing the current policy could give the vendors who hold these permits an unjust economic advantage over the vendors who sell exclusively at the Festival, and could severely hamper the efforts of the Ithaca Festival to implement and administer a sales program that they prefer; now, therefore, be it RESOLVED, That Common Council directs the Commons Advisory Board, the Charter and Ordinance Committee, the Commons Coordinator, and the City Attorney to review the permitting process for vendors on the Ithaca Commons, with the objective of excluding the dates of the Ithaca Festival when issuing any permits for vendors . Ayes ( 9 ) - Blanchard, Efroymson, Daley, Johnson, Booth, Berg, Schroeder, Golder, Hoffman Nay ( 1 ) - Romanowski Carried Into the Streets - Report Alderperson Johnson reported that students from Cornell and Ithaca College will be learning more about human service needs in the City of Ithaca and surrounding areas by visiting various agencies such as the Salvation Army, area homeless shelters, and youth and senior service agencies, and volunteering their time. Cornell will be sponsoring lectures and showing movies on this topic from November 8-14, 1992 . ADJOURNMENT: On a motion the meeting adjourned at 12 : 12 a.m. Julie Conley Bolyle Benj&in Nichols Deputy City Clerk Mayor 30