HomeMy WebLinkAboutMN-CC-1931-07-17 1 61 0
COIELY COUNCIL-
SPI:CIAL .1 IN12 JULY 17-1-1131.
2 P.Y..
F7j1Ey"-!'avoj 'Herman 3erL,'holtz
!�ill' T ..6 � -
de,n-aenaill, Si- ,-.oions,Lovle,Cast-_1-line,
"yers,Athinson,Ro-,al sIy,Hoffrian
Attolney—Treman
The Layor explailned the pF�,��-ticular purpose
for v:hich this Specival Yep.-III-ing had been called,
anc? opened the Public Hearing,
as advertised
on the pioposed airitono'ments to t-.-- BuilCiin.E; Zone
Ordinance.
Lt,_ t 0
The Clerk read a report from, the, Planning
Cosrvris: ions recoriv--ftentinp, that the permissible
he 0-h-L of buildings v,x thout setback, in I.,J7,
be fixed afro times the
strict,
it faces.
t_th' of the st$rei:'I'." upon wl �
By Al6eT(.ftca n Lo-c,-e: sacon,_7.c(`- by Al'_,(--.rma,n
ESIDLVED: that t 1-1 c: P L
I .,;'I CCCT7 in S ection 6 (b) of t.Le 33uilc_-_IrLv "Zone
Or,)i m'.lice (11E: P-P-6, t].1if1-. S, 'm C, is 'heTeby -, .,,er.ded
to read "Nio budldin� shall be erecte,'-° t'o a heig1it
p excess of t---'o times the v--idth of the street
upon which it faces, except ti'�at fcT each one f o c t-
at tl-'.e building or -portion 1-2C�c-l-eof jets back
L Cod
from the, stTe,,-.Iu line, four (14) feet mad be
to the lie i Iht limit 'of such building or portion
Aye s--Wilgus,Llerrill, Ccuser, 14,axbell
T't)
.ay CarTi ec-
s--Lar!�:in
Y-
The Clerk reaC. a rcrcrt from the IP -.nning
- -e- ",,e madle
Comr-Assion, recom--.nendinLF�' thEt no chan��
in -the rea-r yj....-d recuir�.irents Lmde.r Section US
(b) of the 73ili' al r Zo
'e` by 0.sterl" nt
al,;` -2,--inn second �11 1: � J.
RESOLVED: tiiat no ch:_a-i.e be -ma 5ie in
cear y-:vxd r
Cf Zon'-: rdl lia;-_ace
-:!'I e C
no-1-
7qe report fro?
Clerk read the followin- req U .,.q
11,e PI vs Ls
Plan:2,11n&, n xecn);L-'Z,e-nds to
e o 4-1 e
.,4je Co.jj:-,o�jj "olmici 1 t Alcat th,e Zo.'i
I loci bj. n -
ae'_' �,V
cco' fft nu, k'v e:i u L� 'U iot n'ed
At ti-le of the 1141-c-tvoT, the 1
.4 - - �'j 3�:_' �Ijl
e the 1. nu-1-e o t h e P n %Do:n i c s 0
-.4. J
. 0 0 t114
io 'Ll
t
Trjrbell ou-
h:?.---, corle for a ca.eful -_-n(�_ con-
o-f t'hic,
'OVL:D by ionu-.'
RE th e Cair*man a o i n t ra
C i tu It e t o „o,.1 s I the Z o n i a, (' of tf. p
C)
ten
al Oo�rneil Hlei c,-1-its.
Chv�l
thi's
Puy-suant to
_'Lrbell Vie fol
LF� n,
A.I._Lie�%:111.,C! John 'T
Jaa.ies A.
a n 6 be J-
a :.To.ii F T i day
Lt t.-ie- ylleetin Of e, Plnbnirl �.' Co s 2 10-ri Of-'
and tl-iat c1i7.yrju(_3 70e con-,
the fjj1o,.--ij-j ij by the Co'ft- 0--ri 00"ancll-
-2- 7-17-31
Alderman Rogalsky recom::iendea as a courtesy
to the Planning Commission and likewise the residents
of Cornell Heights, that the Council take no action
until the next regular meeting.
Attorney Peer stated that such action would be
agreeable if the matter would be definitely decided
at the next regular 'meeting of the Council,August 5th.
Professor Bretz urged that the matter before the
Council be actedupon so as not to hold out any false
hopes to I.Ir. Miles along this line. He also urged that
the Committee who are to study the rezoning of the
Heights be given ample time to do justice to such an
important job.
By Alderman Lowe: seconded by Alderman Myers:
R: SOLVLD:that the Building Zone Ordinance
be amended, changing the block bounded. by Highland
Avenue, Wyckoff Avenue and Heights Court from an "A"
residence district to a "B" residence district.
When the Mayor asked if there was any dis-
cussion on this motion, Professor Bretz presented and filed
with the Clerk a petition alleging that over 20-' of Ina
owners of frontage within 300 feet of this:; Block Was, opposed
to change in Zone.
Attorney Treman statec_ that this petition against
such change presumably Was valid and met the requirements
of Section 9 (g) of the Zoning Ordinance, in which case the
Council could not make the proposed change. He,therefore,
n co,rmended that the matter be laid on the table, and the !i
Planning Commission requested to consider the rezoning of
Cornell Hei fAits; and also that the Planning Commission
together with the Board of Zoning Appeals and a Camai.ttee
of the Cornell Heights Association have a meeting and
endeavor to reach some agreement whereby Er. Hiles would
obtain a Special Use Permit for this particular building
under Section 8 (a) of the Building Zone Ordinance.
Dr. Kerr asked to be permitted to remove a mis-
apprehension in regard to Er. Fred Rogalskyls action in
selling this property, stating that he now had been reliably
informed that when this property was sold it was understood
that Mr. Liles intended to remodel it as a Rooming House.
A general discussion of the whole problem ensued
during which. Alderman Sammons irrated at the delay, urged
that the whole ordinance be ex_punrged. Attorney Treman
counseled that due consideration be given the matter and
again strongly urged that the Council adopt his previous
recommendation. '
Professor Bretz explained the views of the people
of the Heights and stated that they were quite willing to
co-operate in any general plan of rezoning,but were actually ;
afraid and much op?oosed to granting special privileges
contrary to the spirit of the ordinance and good law.
Attorney Treman again called attention to the fact
that the Council could take no action at this time and that
if the matter was referrea to the Planning Commission they 4
might in the mean time be able to reach an agreement
under Section 8 (a) as he suggested and then take whatever
time might be necessary in making a very careful -and
\ ' comprehensive study with the property owners on the Heights ,
of the rezoning of that territory.
By Alderman Hoffman: seconded by Alderman Rogalsky:
RESOLVED: that the recommendation of the Attorney
be adopted, and that the Planning Commission be requested
to study the rezoning of Cornell Heights, and further,
RESOLVED: that the Planning Co:mmis. ion meet with
the Board of Api)eals and a Com:;ittee from the Cornell Heights
Association and endeavor to agree upon issuing a special use
permit to Er. Hiles under Section e (a) of the Ordinances and
report at the next regular meeting of the Council Aug. 5th.
Ayes--Gill, Samuons, Lowe, Casterline,I:Iyers,Atkinson,
Rogalsky,Hoffman
Nays--0 Carried.
On motion meeting adjourned.
162 ►I
%i
COill°OPT COUNCIL
REGULAR MEETING - AUGUST 5� 1931 ;,
PRESENT---Mayor Herman Bergholt s II
Aldermen--Gill, Sarm:ons,Lowe, Causer,Casterline,
Myers,Rogalsky,IToffman I�
•
City Chamberlain--Snyder
City Attorney--Treman 1'
City Assessor--Dofflemyer
II
Minutes of the preceding Meeting duly approved. I�
__'-.\ Mils ,U.V.
. l 'e :_u In connection with the application of Mr. Miles 1
?oa_;e for permission to remodel his property -on Heights Court
:17, l .c; .6 - into an Apartment . House, it was reported that the I
Planning Commission recommended that no chance be made in
• the Zone but that a special permit be :granted. under
certain restrictions as to height, area etc. , It was
also reported that the Board of Appeals, in considering
this recomdendation, rejected the same by unanimous vote. 1
Attorney Peer stated that he thought the Council
should take some action to grant Mr. l:Iile ' s request i
poitinout that in all the discussion there had been no 1
charge that 17.7. Miles planned anything derogatory, and ;i
that in fact those opposing his an -lication admitted. I�
that the granting of this particular request would. "perhaps
result in an improvement, but that 'they were afraid that
if this request were granted it would be the opening wedge I
for business and other objectionable uses. He stated I
that in his opinion this was unfair discrimination and I
that Mr. Miles was entitled to a special permit under the I1
that
regular provisions of the ordinance and that such action 1�
would be in line with the best interests of the I�
neighborhood as well as the City at large. ;I
Professor Hosmer spoke in opposition, explaining the
E.� position of the people on the Heights as standing for the t
principal that special exceptions should not be granted.
Professor Parson spoke in favor of granting the i
request by amending the ordinance with respect to a
chance in district, criticising the pre sent ordinance
in permitting Fraternities in an "A" Zone. I
Alderman Roga 1sky pointed out that Fraternities I
as a whole were not objectionable although some
particular houses had proved to be. It stated that it was ;
his belief that the Zoning Ordinance was intended to I
afford certain protection to property owners in certain
i
districts and that as long- as the majority in this district
seemed to be opnosed to this proposition he felt that they !
should receive the protection they desired.
Alderman Lowe criti si zed the present Zoning 1
Ordinance as reflecting the blame In the Aldermen ii
and yet not permitting them the right to grant special
permits, and urged that Sec. (e) which the Aldermen
repealed a few years ago be re-enacted.
Dy Alderman Lowe: seconded by Alderman Gill: ii
WHEREAS, it is the opinion of the Common Council ;i
that the for'emer paragraph (e) Cec.9 of the Building Zone I
Ordinance heretofore repealed should be re-enacted as
paragraph (e) of Sec.9 as follows:
�� SPECIAL ZONING PERMITS: bpon reconenda_tion of the
City 'lar-frim- Commission, the City Council may authorize
the Building Co :i ssi oner to issue permits for special uses;
as herein ,provided.. !i
. NOW THEREFORE BE IT RECOLVED: that this change
be referred to the Plenum ' Coi;liiision to be renortea to
the Common Council- at a Public He wring; to be advertised
and held Monday, -Au Last 10th at 7:3() at City Hall.
Carried "
i
1 ( 3
18-5-31 —2— C.C.
Pro-oe: ies i
Silent it_. ; The Clerk reported that the Board of Public Works
. 1 passed a resolution recommending to the Corn -ion Council
that they consider, the purchase of the two remaining
d properties along Te ghannock Boulevard beyond the
1 "Silent .City" , if favorable terms coul be obtained.
1 On motion of Alderman Rogalsky the matter was
referre, to the Finance Committee to investigate and
j report at tie special meeting L.onday.
h: iLie, .ii , .
1' vj:h;: e The Clerk reported that Engineer Eustance,
Cu .:;i:i;g after a special survey, had discovered an error in the
`/
I paving and curbing assessment against W.H. Paine,
1 #213 Bryant Avenue ; whereby he liar_ been charged for
62.3 feet at an assessment of , 212.11.5 and should have
boon charged for only 60 feet at an assessment of j
204. 60. He recommended that the excess of V.85
be expunged.
By Alderman Causer: seconded by Alderman Sa,nmons:
RESOLVED: that the recommendation of the Engineer
1. 1pe a.n-�roved and 11.S5 be and the same is hereby expunged
on the paving; and curbing assessment of W.H.Paine,
4213 Bryant Avenue. _
Carried.
FLesi.a.
Be: eon { Reporting for Chief of Police Marshall who was
Inlet unable to be present the Clerk stated that the Police
Department desired permission from the Common Council
j to place one of the old traffic beacons at the mouth of
Cascadj.11a Creek in the Inlet as a channel light to guide
boating and increase the safety of these waters that
had lately become very popular. He also stated that the .
3 District ;tate Engineer in charge of the Canal had approved
such installation and that it would. only cost about 12.00
a year for gas to operate and maintain it.
1 By Alderman Myers: seconded by Alderman Causer:
RESOLVED: that the request of the Police Depart-
ment be approved and permission granted to install
flashing; beacon at Cascadilla Creek in the Inlet.
Carried.
lie :,t:.': ..,i_ (..):'h i
:�i Y.1. :c
1. The Clerk reported that it was incumbent upon the
-t , '• 1Council to designate the polling places at this time.
I By Alderman Causer: seconded by Alderman Sammons: I
RESOLVED: that pursuant to sec66 of the Election '
L .t•:, the Common Council hereby designates the following
, places in each of the election districts in the City of
I City for . registration and election purposes, and
I be it further,
RESOLVED: that in case any place hereby designated
cannot for any reason be used for such ?purpose, the City
Clerk is hereby authorized and directed to secure and
' forthwith designate another suitable place in stead thereof.
Adopted.
.Approved
. Aug. 5, 19916,a ,e,„olgre,
- Mayor. I.
REGISTRATION
AMD VOTING PLACESI
-
LOCATION - - - ADD �S _ _
First ward,First District _ �0117.3uf <<1o, L.V.Iiou c
" It Second " 626 d. State,Ido. 6 Fire St_^;:ti n
H " Third II 523 W.Buff alo, City Pump Sta.
Second Ward,First " 136 W. Stat e,I�1o. 5 Fire Statin
Second " 201 W. Clinton,lied: Cross Ildgi s
It _ II Third l c! it 117 E. lreen St, Lang's s Ga ra e
: t
Third Ward First " ,j 203 G
�_ � � . �Te3heva, Con:;reg_.,tiona.l ,Ch.
it" " Second " 41
It " 3 Id.Ti o ; ,F.?iethodi.st Ch. I�
Third " 1
09 i to hroe,I i1li- t s Garn je ;�
I',
i
i 64
I.
I'
1
Fourth Ward, First Dtstrut, 309 E. State,Ithac-�.Fa.int 7L:,11 Paler.
" II second " 212,E.Buffalo,Unitnrion Ch.
I 11 it Third II 311 C l� r�e :9 Fire Sta
Ti i •a .e., Ave.Ave. , ,;•; Sta..
II II " Fourth " 502 :Titchell,ne 'P e ; her'min Selao-�1
j! Fifth -i i. ,First Di.etri ct, 2C3 's. To:nn'.v-?-ns St. ,7,#Pndc--pool ri r- -•e
�+ It " Second " , 61r- I?.Auror_), Stubb 's Gara.r;e
j " " Third " 1012 N Tiogt.+_St.rir7 Fire Stati'on; '.
" " Fourth " Basement Sibley College,Cornell Campus
'!i- nnfer o , . Carried.
1 I'unc's to
i Ch-vitt' The Clerk again called_ attention to the falct
that the Charity Budget was exhausted and that
about V-2400 wouldbe needed for the expenses and.
audit for this month. .
There beim; no surplus funds available it was
I sua_rested that the :amount be transferred fro2 the
0 Budget and Appropriation of the Board. of Public 7':s.
By Alderman Rogalsky: seconded by Alderman. Hoffman:
I? rl1OL1IFD: that the transfer of 112, !.700
be and the same is hereby approved from the appro-
priations
�' of the Board of Public Works to the
[ Ap-nropriation of the Co,I.iissioner of Charities.
P, Carried _
1 e7nP,
Propei:ty The Clerk read and exnieined the follow
in communication filed bar .the City Assessor.
To the Comlon Council:
Gentlemen; •
Up to July 31,1931 no deed had been
recordedshowing the transfer of this lot, or. any
other lot. from D. McLachlin to Mrs. Reyna.
When the tolls sere: rade for the 1927 ' \ ,....•/
1 - assessments from records in the: County Clerk 's
office, if no owner could be found for lots in the
I Cook Land Company subdivision, they were listed
1 .under the name of the last owner whose name an>>eared
on the old City maps /prepared by I.Ir. Crandall.
The City of Ithaca sends tax bills to
I Tax name on the Ro11, as an a.ceorwodati.on, not
as a legal requirement, and any nr.operty owner
therefore knows whether he has been billed: for each
parcel or paid the tax or not.
No tax was paid on thi a lot, and. no
receipt was given for the year i.r eueei;ion, 177,
which was duly advertised, sold and a deed giver by
the City, according; to the State '.Ta•x Law, and the
title subsequently` transferred.. by the City to
Fay H. Allen at n auction sale~ held. I` e 92
�. , �;._ ,._, �-.r ? 1�,1,,_cam
This information has been obtained from the
Tax Rolls of the: City of Ithaca, and filed in the .
office of the City Clerk ane. City Cha-lbe.-rlain.
1925 ?:irs.D.L.Reyna IJ.I.icLachlin Fry H.Allen.
801 F. ;tate Res. None None
1926 .801 E.State " None ITone
1 1927 801 H. Sta'.te " 2I1 -307-7 Lot __/
,it
1 sold to City of
Ithaca on unpaid
It.1.7:. 1927 City tax None
�1 1928 vQ1 F. State "
4 247-316-4 (91)Lot
24r;-307-7 (2-;11)Lot None None
1929 801 Imo. S4•'te,Res
2k7-316-A (9l)Lot
I 24,-.:,-;;07-7 ( r!!) " None 245_307--7 Lot
i.
s. .
• 41 •
f IL t),0
1
-3- C.C.
1930 501 E. Stat e, Res.
247-316--4 (91) Lot
24.5-307-7 (54) Lot None 2125-307-7 Lot
• L. F. Doffleuyer,
City Assessor.
' A general discussion of this hia.tt er brought out
the Tact that Irs. Reyna the former owner of this lot had
fa.ilbci to pay the City taxes on it and also had failed to
see 'the legal publication of notice' of such failure and
j the 'subsequent sale by tax deed to the City;' and also the
published notice with respect to the auction sale of this
lot which was at that time purcha:se'd by Fay A'll'en. The
subsequent adding of this lot to tile' tax roll' under the
former owner at her request Was held no fault of the City
but 'since the taxes had also been paid by the new miller
it las felt that the amounts paid by Mrs. Reyna should
be refunded.
By Alderman Rogalsky: seconded by Alderman Lowe:
RESOLVED: that the City Taxes in the amount
of46. 60 paid. by Mrs. Reyna for the years 1925,1929,
1930 and. 1931 on Lot #7 B1k. 307, E. State Street be
refunded.
Carried.
By r Adel-man. Ca. .
user. seconded by Alderman Lore.
RESOLVEUthat the following bills approved and audited
by the Finance Co:amittee be and the same are 'hereby
•
approves: for 7)ayment.
C• arried.
COLt.iOTi COUNCIL
N.Y.• Telephone Co. ' '67.01
Tomiihins Co. Nat 'l Bank115,115.76
j
Ezra Seacord 56. 55
P.Bottino 8: G.Filaretta 1,000.00
Sideboard Restaurant 104.50
i S.P.C.A. Special Fund 28. 50
' Assdcia. Gas & Elec. System 47.46
') H.Y:Telephone Co. ' 9.76
L.V.R.R. Co. , freight . 69
Caurity Cleric r1L, aarriaVe Licenses ' ' ' 24. 00
E.D:Carr 2. 50
W.y. Stone P. F01
C.C. Pay Roll.,July 1, 599.98 it
W.0. tuhb o.; 5.00
Claude James 28.
Esre See cord 11.9.04.
c alph E. 1.1a rshall 25.00
L. E.Dof rlemyer 10. 60
Crouse-Hines Co. 43. 52
Police Pay Roll,July 1 to 15 1, 620.77
n n u u 16 to 31 1, 620.77
New York Telephone Co. 64.99
Ithaca Savings Bank: 6,100.00
L.V.R.R. Co. , freight . 50
A. C.Gibson Co. 5.52
lire. IL. L. Sharpe 5.00
1tc81p11 F. zr shall 00
Ralph i.Ma.r shall. 25.00
iI'il li`.m :.:. .-shall 50.00
Ralph E.I.Ia.rshall 25.00
Willia:i Sii:i . ers 70.00
County Clerk,Hunting & Fishin Licenses 56.00
George M.Whip )le 25.00
George H.Whip)le 25.00
Charles Eastman 61. 56
CIlA,1I TI E's it
Fred G. 3001 104.00 ;I
Itha.ca Iieniorial Iitspit`l 311. 40
•,- ; Itihac^ Children' s Home 105. 43
1I Happy Valley Homes 115.72
1Ei6 l
L 1,
,,
i,
CHARITIES (Cont 'd) .
St.Patricic ' s Orphan Girls Asylum 52.00
St.':Tar.y ' s orphan Boys Asylum -104.00
W.C.Mann 12.00 1
Louis Zounakos 4-0.0O
Anha Jordan 20.00 '
S.R.Tisdel Co. 1.75
Yline 's Pharmacy 1.75
Luzerne Coville,M.D. 10.00
II.E.Merriam,M. D. 116.00
Dr.R.I.T.Vos e 10.00 \.../
Dr.David Robb 16.00
R. S.Gut ell,M.D. 33.00
J. 7.Juc _ ,' . D. 35.00
H.J.Wil son,LT.D. 8.00
Bruno LIa z za 72. 50
Lire. Guy Cornell 15.0 :
Anna Dall'is 10.00
Elizabeth Bishop 7. 50
Itis. Ruth 17igd.en 9.00
Buttrick n Frawley, Inc. 8.90
Vincent H. Campbell ' 12. 50
Mar- E. I:ia ck ' 8.00
Stur a Bros. ` 15.00
Fahey Pharmacy ' 2. 47
nines Pharmacy - . 4.0
L.P.'Larkin,I:i.D. 25.00
R. S.Gut se11 'T.D. 15.00
W.J.Crawford_ 27.977
,_ � !
Lake Vi e,.. Dairies c.
F.E.Norton 72.00
Frank Daino 5 .00
N.Y. State G. & E. Corn. t E2
• John C. Coleman 11:00
- Christina Torchia 15.00
I h.
OLD AGE SECURITY •
Ithaca I.:er_larial Hospital ' 29.70
• C.F.Denman,H.D. ' 30.00• i•
Reuben Dworsky 20:00
• Dr. H. T. Rhodes ' 30:00
' Robert S. Gut sell,M.D. 2. 25 S'.
' By Alderman Lowe: sccondec by Alderman Gill: ' '
RESOLVED: that this meeting be adjourned '
" to 7: 30 P.M. Monday, August 18th. ' "
Carried.
.
I,
�
City Clerk -
. . . Ii
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