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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 • , i I ,