HomeMy WebLinkAboutMN-CC-1984-11-07ILM-
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. November 7, 1984
PRESENT:
Mayor - Gutenberger
Aldermen (10) - Cummings, Dennis, ffaine, Hoffman, Holdsworth,
Killeen, Myers, Peterson, Romanowski, Schlather
OTHERS PRESENT:
Urban Renewal Agency Members (S) -
Reed, Stein
Corp. Counsel - Stumbar
City Controller - Spano
Police Chief - Herson
Dep. Controller - Cafferillo
Dep. Planning Director - Mazzarella
Planner - Jones
Personnel Administrator - Shaw
Dep. Clerk - Paolangeli
City Clerk - Rundle
Gutenberger, Dennis, Jones,
Police Commissioners - Wallace, Kiely
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger-led all present in the Pledge of Allegiance to
the American flag.
MINUTES:
Meeting of October 3, 1984
Alderperson Cummings requested amendment of her report on page 10,
Northside Zoning. She requested that the last sentence of the
report read "Planning Department is supervising an inventory of the
houses in the neighborhood ..." in place of "A staff member of the
Planning Department is doing an inventory of the houses in the
neighborhood ...." She explained that a staff member was not
available to do the inventory so outside sources had to be found.
Resolution
By Alderman Schlather: Seconded by Alderperson Peterson
RESOLVED, That the Minutes of the meeting of October 3, 1984 be
approved as amended.
Carried Unanimously
Meeting of October 16, 1984
By Alderman Schlather: Seconded by Alderman Hoffman
RESOLVED, That the Minutes of the Meeting of October 16, 1984 be
approved as recorded.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Police Meritorious Award for 1983
David Wallace, Chairman of Board of Police Commissioners, read
letters of commendation to Police Officer Kevin Griffin, Sgt. David
Barnes and Officer Keith Loson expressing appreciation for the
excellent performance displayed in emergency situations occurring
on October 24, 1983 and November 10, 1983. He reported that the
awards and plaques would be presented to the officers at the next
Police Commissioner's meeting together with checks provided by the
Veterans of Foreign Wars.
Pub lic Hearin'--IURA- Common Council on Proposed Disposition of City -
owned Property at 209 W. State Street to Family Medicine Associates
Resolution To Open Public Hearing
By Agency Member Reed: Seconded by Agency Member Jones
RESOLVED, That the Public I- fearing to consider disposition of City -
owned property at 209 W. State Street be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution To Close Public Hearing
By Agency Member Dennis: Seconded by Agency Member Jones
RESOLVED, That the Public Hearing to consider disposition of City -
owned property at 209 W. State Street be closed.
Carried Unanimously
20 -2- November 7, 1984
Public Hearing - - IURA - Common Council on Proposed Disposition of
City -owned Propert�in Cherry Street Industrial Park to Cayuga
Press of Ithaca Inc.
Resolution To Open Public Hearing_
By Agency Member Stein: Seronclecl by Agency Member ,Jones
RESOLVED, That the Public Hearing to consider disposition of City -
owned property in Cherry Street Industrial Park be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution To Close Public Hearing
By Agency Member Jones. Seconded by Agency Member Reed
RESOLVED, That the Public Hearing to consider disposition of City-
owned property in Cherry Street Industrial. Park be closed.
Carried Unanimously
Resolution—Family Medicine Associates (IURA)
By Agency Member Dennis: Seconded by Agency Member Reed
WHEREAS, the Urban Renewal Land Disposition Procedure allows for
special procedures to be followed when a property sponsor is a
tenant in urban renewal property, and
WHEREAS, Family Medicine Associates are at present tenants at 209 W
State Street, and
WHEREAS, the substance of the lease and their tenancy have been
in furtherance of the IURA plan, and
WHEREAS, the procedures do allow for negotiated disposition; now,
therefore, be it
RESOLVED, That the IURA does hereby find:
1) that the executed purchase offer dated September 27, 1984, as
modified and initialed, is legally satisfactory; 'j
2) that negotiated disposition of the property to Family Medicine
Associates is in furtherance of the urban renewal plan and in
the best interests of the City of Ithaca, and
3) that Family Medicine Associates possess the qualifications and
financial resources necessary to purchase the land, and
4) that the purchase price is the fair market value as determined
by an appraisal prepared for the City, and be it further
RESOLVED, That the IURA hereby agree to accept title to 209 IV. State
Street from the City of Ithaca for disposition to Family Medicine
Associates in accordance with the above provisions, and be it further
RESOLVED, That the chairman be and hereby is authorized and directed
to execute any and all instruments necessary to effectuate this
disposition.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Disposition of 209 IV. State Street
By Al erperson Cummings: Seconded by Alderman Dennis
WIIEREAS, the Urban Renewal Land Disposition Procedure allows for
special procedures to be followed when a property sponsor is a
tenant in urban renewal property, and
WHEREAS, Family Medicine Associates are at present tenants at
209 West State Street, and
WIIEREAS, the substance of the lease and their tenancy have been
in furtherance of the IURA plan, and
-3-
November 7, 1984 21
WHEREAS, the Procedure allows for negotiated disposition, and
WHEREAS) the Ithaca Urban Renewal Agency has designated Family
Medicine Associates as qualified preferred sponsor for disposition
of Urban Renewal property at 209 West State Street in accordance
with New York State Law and the Ithaca Urban Renewal Agency's Land
Disposition Procedure, and
WHEREAS, disposition requires
therefore, be it
RESOLVED, That Common Council
Ithaca Urban Renewal Agency's
Associates' offer to purchase
1) that the executed purchase
modified and initialed, is
approval of Common Council; now,
hereby find that it concurs with the
action with respect to Family Medicine
209 West State Street as follows:
offer dated September 27, 1984, as
legally satisfactory;
2) that negotiated disposition of the property to Family Medicine
Associates is in furtherance of the Urban Renewal Plan and in
(D the best interests of the City of Ithaca;
(10 3) that Family Medicine Associates possess the qualifications and
financial resources necessary to purchase the land; and
4) that the purchase price is the fair market value as determined
by an appraisal prepared for the City, and be it further
RESOLVED, That the Common Council does hereby authorize and direct
that title to 209 W. State Street be passed from the City of Ithaca
to the Ithaca Urban Renewal Agency for disposition to Family Medicine
Associates in accordance with the above specified conditions, and
be it further
RESOLVED, That the Mayor be and hereby is authorized and directed
to execute,.upon advice of Corporate Counsel and Director of
Planning and Development, any and all instruments necessary to
effectuate this disposition.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Hoffman, Killeen, Cummings, Romanowski,
Schlather, Haine, Dennis, Holdsworth
Nay (1) - Myers
Carried
Resolution--Cayuga Press of Ithaca, Inc. (IURA)
By Agency Member Dennis: Seconded by Agency Member Jones
WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land Disposi-
tion Procedure, the Ithaca Urban Renewal Agency has followed an
accepted method of solicitation of sponsors for tenancy in the
Cherry Street Industrial Park, and
WHEREAS, the
Ithaca Urban Renewal Agency has examined the quali -.
fications of
respondents and evaluated their responses per
Section 1(c)
of said procedure, and
WHEREAS, the
Cherry Street Industrial Park was developed to en-
courage the
retention and expansion of local area industries, and
WHEREAS, Cayuga
Press of Ithaca, Inc. desires to acquire the
southernmost
4.227 acres of a 4.467+ acre parcel on the east side
of the Park
to construct a new printing facility to accommodate
i
their expansion
needs, and
WHEREAS, the
Ithaca Urban Renewal Agency has established the
eligibility
of Cayuga Press for tenancy in the Park and has
designated them
a preferred sponsor, and
-4- November 7, 1.984
22 WIIEREAS, the Agency and Planning ,ind Development Committee
have reviewed and accepted the terms of the proposed lease/
sale agreement dated October 2Z, 1984) as amended to include
clauses concerning affirmative action and air pollution
controls; now, therefore, be it
RESOLVED, That the Ithaca Urban Renewal Agency does hereby
designate Cayuga Press as the qualified sponsor for tenancy
in the Cherry Street Industrial Park, and does accept the
terms of the proposed lease /sale areement, and be it further
g
RESOLVED, That the Ithaca Urban l:enewal. Agency does approve
the lease /sale of 4.227 acres of Land in Cherry Street Indus-
trial Park to Cayuga Press for construction of a printing
plant, pursuant to the terms and conditions of said. amended
agreement, and be it further
RESOLVED, That this disposition is in accordance with applicable
State Law and with the City's Urban Renewal. Land Disposition
Procedure, and be it further
RESOLVED, That the lease /sale agreement dated October 22, 1984,
as amended, is a legally satisfactory land disposition instrument,
and be it further
RESOLVED, That this disposition, in accordance with the terms
specified, is in furtherance of the Urban Renewal Plan and in
the best interest of the City of Ithaca, and be it further
RESOLVED, That the chairman of the Ithaca Urban Renewal Agency
be and hereby is authorized and directed upon advice of
Corporate Counsel and Director of Planning and Development to
execute any and all instruments necessary for effectuation of
this land disposition.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Cayuga Press of It aca, Inc.
By Al erperson Cummings: Seconded by Alderman Dennis
WHEREAS, pursuant to Section 1 (b) of the Urban Renewal Land
Disposition Procedure, the Ithaca Urban Renewal Agency has
followed an accepted method of solicitation of sponsors for
tenancy in the Cherry Street Industrial Park, and
WHEREAS, the Ithaca Urban Renewal Agency has examined the
qualifications of respondents and evaluated their responses
per Section 1 (c) of said procedure, and
0
WHEREAS, the Cherry Street Industrial Park was developed to
encourage the retention and expansion of local area industries,
and
WHEREAS, Cayuga Press of Ithaca, Inc. desires to acquire the
southernmost 4.227 acres of a 4.467+ acre parcel on the east
side of the Park to construct a new printing facility to
accomodate their expansion needs, and
WHEREAS, the Urban Renewal Agency has established the eligibility
of Cayuga Press for tenancy in the Park and has designated
them a preferred sponsor, and
WIIEREAS, the Agency and Planning and Development Committee
have reviewed and accepted the terms of the proposed lease/
sale agreement dated October 22, 1984, as amended to include
clauses concerning affirmative action and air pollution controls;
now, therefore, be it
-S- November 7, 1.984
RESOLVED, That Common Council does hereby concur with the 2'3
designation of Cayuga Press as the qualified sponsor for
tenancy in the Cherry Street Industrial Park, and does accept
the terms of the proposed lease /sale agreement, and be it
further
RESOLVED, That Council does approve the lease /sale of 4.227
acres of land in Cherry Street Industrial Park to Cayuga
Press for construction of a printing plant, pursuant to the
terms and conditions of said amended agreement, and be it
further
RESOLVED, That this disposition is in accordance with applicable
State Law and with the City's Urban Renewal Land Disposition
Procedure, and be it further
RESOLVED, That the lease /sale agreement dated October 22, 1984)
as amended, is a legally satisfactory land disposition instru-
ment, and be it further
RESOLVED, That this disposition, in accordance with the terms
specified, is in furtherance of the Urban Renewal Plan and in
C� the best interest of the City of Ithaca, and be it further
Cn RESOLVED, That the Mayor be and hereby is authorized and
directed, upon advice of Corporate Counsel and Director of
Planning and Development, to execute for the City of Ithaca
any and all instruments necessary for effectuation of this
land disposition.
Carried Unanimously
Mayor Gutenberger requested that the minutes show that the
IURA /CDA resolution of October 1S, 1984 requesting that
Common Council consider allocating proceeds from the sale of
209 West State Street to the IURA for disposition for community
development and community health- related purposes, in accordance
with the budget to be prepared by the IURA and approved by
Common Council, will be taken up at the Planning and Development
Committee meeting. ,
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Smoking in Common Council Chambers
Cathy Simpson, 109 Auburn Street, spoke to the Council con-
cerning the air quality in the chambers, not only during the
meetings but also before and after the meetings, and requested
that the Council pass the 'no smoking' resolution.
Farmers' Market
Anna Stein raus, Shaffer Road, Newfield, Chairman of Farmers'
Market Board, read the following resolution to the Council:
"WHEREAS, the Board of Directors of the Ithaca Farmers' Market
is confident that the City of Ithaca will take due account of
the semi - public character of the Ithaca Farmers' Market and
of the strength and popularity that the Market has enjoyed in
its present Inlet Island location; now, therefore, be it
RESOLVED, That the Board of Directors of the Ithaca Farmers'
Market see no objections to alienation of the Inlet Island
property."
Farmers' Market
Susan Titus,-TT9 S. Cayuga Street, presented the following
petition containing 1225 signatues regarding the site of the
market:
"In recognition of the fact that the Ithaca Farmers' Market
is one of the factors that makes Ithaca an exceptionally
attractive community, we strongly urge the city to take all
steps necessary to insure its continuing operation in its
present location."
24
-6- November 7, 1984
Collegetown Project
Mac 'Travis, 202 E. Court Street, expressed congratulations to
the Mayor, Common Council, the City Planning Department. and
Collegetown Merchants' Association for the work they have put
into the Collegetown redevelopment project. IIe reported having
received word from HUD that funds have been approved in the
amount of $1.4 million for the proposed project. He outlined
briefly the proposed schedule: design will start immediately,
weekly meetings are being held with Cornell_ University, City
planning Department and Travi_ c F, Travis. The City w:i l l ac.cePI
bids in April of 1985, construction will begin in November,
and the project will be opened on August 15, 1986.
Valentine Place
Chris Zinder, 04 Valentine Place, representing the owners of
29 family homes and 2 rental properties, expressed unanimous
support of the resolution of the Planning & Development Committee.
Her understanding of the resolution is that E. State Street,
numbers 901 -933 will be zoned R -lb, Valentine Place and land
owned by Valentine Associates will be zoned R -la. On September
26, 1984 the resolution was endorsed unanimously by Planning
& Development Committee, and on October 24, 1984 it was unani-
mously passed. She urged Common Council to give its unanimous
support and to call for a public hearing and vote at the December
meeting of Common Council.
Tors. Zinder read the following letter from Mary Herron:
''To Whom It May Concern:
I have asked Chris Zinder to speak for me tonight since I am
unable to attend the meeting. As a fourth generation Ithacan
and the oldest resident of Valentine Place, I want to go on
record for a change of zoning to R -1. The reconstruction of
the nurses' home on Valentine Association property has already
increased traffic considerably. From 6 -9 a.m. every morning
the traffic is bumper -to- bumper both ways on Route 79, thus
making it very difficult to get into and out of Valentine Place.
Thank you.''
REPORT OF BOARD OF REPRESENTATIVES:
Jail Site
City Rep. Stein reported that it looks as though there will
be a vote on the choice of site for a new jail at the next
meeting of the County Board in two weeks. The only site being
considered is in the Village of Lansing.
Parking at Court House Lot
City Rep. Stein rep rte that a resolution was passed that day
to go ahead with the project- -one portion of the lot will be
metered at 251 per half hour. The City will be operating it
as a city lot although it is owned by the County and maintained
by the County. He commented that there will probably be a
C.S.E.A. action against the County which will halt it once
the first meterhead`goes on, and until that is resolved there
might not be parking at the Court House lot with meters.
County Library
City Rep. Litton reported that the Tompkins County Library has
been re- opened.
County Budget
City Rep. Litton reported that there would be an informational
meeting the following evening in the Court house in*which the
draft county budget would be distributed and explained by the
Budget and Administration Committee, probably by the chief
staff person or the county administrator. There is a proposed
increase in the budget of 16.40; however contemplated additional
revenue might bring it clown a couple of points. Mr. Lifton
commented that he doesn't think the C=ity is being properly
represented within the budget process.
Urn
I! Eli
Sale of Old lospital
City Rep. Litton reported that the County Board of Represent.ive25 5
resolved, on December 8, 1983, to accept the proposal to pur-
chase the building. The Board continues that ongoing process
in executive session, therefore creating at least a patina of
confidentiality over the process. A majority of the City
representatives wanted to hold the sessions in public, but
the majority brought the meeting into executive session. As
a result, Mr. Lifton had little to report on the subject. IIe
commented that in recent history a great source of confidential
leaks suggested to "follow the money." He suggested seeing
how the budget treats the $1,430,000 purchase price offer of
the hospital to get an answer.
COMMUNICATIONS FROM THE MAYOR:
(400"" Site of County Jail
Mayor Gutenberger read the following letter from the League
of Women Voters:
"November 6, 1984
The Honorable John Gutenberger
City of Ithaca
co
00 Dear Mayor Gutenberger:
Recognizing that the City of Ithaca is the county seat and
commercial center of the county, the League of Women Voters
(� of Tompkins County (Lh'V -TC) has taken a position that county
a services should therefore be centered in the City of Ithaca.
Consequently the LWV -TC supports the City's contention that
the county jail should be located near the courts within the
city limits.
Even if a city site is initially more expensive due to ground
preparation costs, this must be weighed against the continuous
costs involved in locating the jail in an outlaying area such
as transportation and associated staff costs in taking prisoners
to and from court, distance to medical services and associated
transport costs and so on.
The LWV -TC encourages you to continue your attempt to reach
agreement with the County in choosing a downtown site. Perhaps
the city could offer to pay all or part of the ground preparation
costs that provide a stumbling block to the county. Another
possibility is for the city to propose a more appropriate
city site. We encourage you to seek community input in finding
an alternative site.
Good luck and thank you for your consideration of our views.
Sincerely,
Mary Ann Kozak
Chairperson
Natural Resources Comm."
CORPORATE COUNSEL'S REPORT: Fire Contract - -Town of Ithaca
Corp. Counsel Stum ar reported that the fire contract with
the Town of Ithaca has been signed.
Cornell Heights Case
Corp. Counsel. Stum ar reported that Cornell University has
filed a brief in the Cornell Heights lawsuit.
Suit by City Employee
Corp. Counsel Stumbar reported that the city has been sued with
respect to some Civil Service designations. An open competitive
examination was. ordered by the Civil Service Commission.and
they were sued by one of the employees who wanted a promotional
examination rather than a competitive one.
26
- 8 -
November 7, 1984
Forest Monte Drive
Alderman Sctlatier asked what steps are
accessary for the
City to abandon a street such as forest home Drive. Atty.
Stumbar reported that the Streets and Facilities Committee
of the Board of Public Works met 10 pass a resolution which
will go to the full board at its next meeting concerning
abandonment. According to the Charter it is the Board of
Public }Yorks who handles the process. Ile reported that
Forest Home Drive has been closed temporarily because of
severe undermining, particularly close 10 t.br' ec11,c of 1:110
lake where it is slowly eroding away.
Strand Theatre
Al erperson Haine asked concerning the status of the Strand
Theatre. Atty. Stumbar reported that the city is in the
midst of litigation which has been delayed by the defendants
who had ,made a Freedom of Information request for voluminous
records on the Strand which Atty. Stumbar thought was too
broad and lie advised them to narrow their request down. The
defendants got a stay ordering that their answer be stayed
until there is some resolution on the Freedom of Information
request. lie reported that the city received a letter the
day before from the Committee on Open Government in Albany
saying that essentially the city's position is correct on it.
He is expecting an order very soon from the Supreme Court
making the defendant file an answer.
American Community Cablevision
Alderman Killeen requested an update on what results were
obtained from the letter of August 20 to ACC from Corporate
Counsel Stumbar in which lie expressed some concerns regarding
their service and offered a 60 -day period for some response
or remedies. Atty. Stumbar responded that he had received
a letter indicating that ACC were doing everything they could.
He followed up with two more letters requesting more informa-
tion concerning the mailings with respect to raising prices.
Ile reported that lie finally received that information together
with a packet of other materials from Ms. Griffith which he
wished to review before making recommendation to Council.
Order and Judgment Cornell University vs. Thomas Payne, et al
Al erman Sc lat er asked Atty. Stumbar if e had time to review
the orders of Supreme Court concerning Lynah Rink and the
Gannett Clinic. Atty. Stumbar responded that the order in-
cluded Lynah Rink, Gannett Clinic and other semi - commercial
activities which Cornell University has been conducting. He
said he was not consulted by the county when they made this
consent order, but lie will talk to the county attorney and
find out on what basis they made it, and see if the city has
the opportunity to repeal it.
Ithaca Youth Hockey Association
Alderman Scilat er reportec teat the Budget and Administration
Committee had received. a request from the Ithaca Youth Hockey
Association for the city to help subsidize some wind barriers
at Cass Park Rink. The issue was raised, during BF,A discussion
as to the status of the score board which the city financed a
few years ago under the promise by the Hockey Assoccation to
eventually pay the city for that item. Alderman Schlat.her
asked Atty. Stumbar to tell the Council what the status is.
Atty. Stumbar responded that he has had several contacts with
Sam Leonardo. However, Mr. Leonardo is no longer an officer
in the Association, but was replaced by Andrew Sciarabba.
The agreement is coating up for renewal and hopefully the agree-
ments can be done in conjunction with each other.
Recess
Common Council recessed at 8:SS p.m. and reconvened in regular
session at 9:05 p.m.
-9- November 7, 1084
PLANNING AND DEVELOPMENT COMMITTEE: 27
Alienation
By Al erperson Cummings: Seconded by Alderman Holdsworth
WHEREAS, as a condition of funding received for their purchase
and development, the Cayuga Inlet Island and South West Park
lands are restricted to public outdoor recreational use, and
RESOLVED, That no determination of design specifics for the
use of any parcels either acquired or disposed of in the
alienation process, shall be finalized without the full
participation of the Planning and Development Board and the
Common.Council.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Killeen, Haine, Dennis, Holdsworth, Cummings,
Schlather, Romanowski.
Nays (3) - Hoffman, Peterson Myers
Carried
(600,,( Valentine Place
By Alcerperson Cummings: Seconded by Alderman Schlather
RESOLVED, That Ordinance No. 84- entitled "An Ordinance
amending the Zoning Map, 9 30.22 of Chapter 30 entitled 'Zoning'
of the City of Ithaca Municipal Code," be and it hereby is
introduced before the Common Council of the City of Ithaca,
New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing
in the matter of the adoption of the aforesaid ordinance to
be held in the Council Chambers, City Mall at No. 108 East
Green Street in the City of Ithaca, New York, on Wednesday,
the Sth day of December, 1084 at 7:30 o'clock p.m., and be
it further
WHEREAS, both South West Park and the Cayuga Inlet Island are
presently underutilized, and
WHEREAS, both these parcels hai,e been identified as potential
sites for development, and
WHEREAS, Council has already approved the alienation of Cayuga
Inlet Island, and
WHEREAS, a proposal to alienate both South West Park and Cayuga
Inlet Island has been prepared, and
WHEREAS, certain other parcels of land have been preliminarily
identified as lands at least equally suited for recreation which
could be substituted for the lands to.,be alienated, and
WHEREAS, certain components of said
p proposal involve participation
�)
by the Town of Ithaca, in developing for recreational use land
to be acquired by the City as substitute for the alienated par-
cels, and
I11HEREAS, the Planning and Development Committee has reviewed
and approved said proposal, and
WHEREAS, the comments of the Conservation Advisory Council
have been received and acknowledged; now, therefore, be it
RESOLVED, That Common Council does accept and approve said
proposal for alienation and joint recreational development,
and be it further
RESOLVED, That the Mayor is hereby authorized to submit said
proposal to the New York State Legislature for action, and
to take the steps necessary to provide substitute land in
the manner otherwise required by law, and to meet other re-
quirements of the alienation process, and be it further
RESOLVED, That the Planning and Development Department is
hereby directed with the assistance of Corporate Counsel to
prepare appropriate proposals for continuation of the aliena-
tion process, and be it further
RESOLVED, That no determination of design specifics for the
use of any parcels either acquired or disposed of in the
alienation process, shall be finalized without the full
participation of the Planning and Development Board and the
Common.Council.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Killeen, Haine, Dennis, Holdsworth, Cummings,
Schlather, Romanowski.
Nays (3) - Hoffman, Peterson Myers
Carried
(600,,( Valentine Place
By Alcerperson Cummings: Seconded by Alderman Schlather
RESOLVED, That Ordinance No. 84- entitled "An Ordinance
amending the Zoning Map, 9 30.22 of Chapter 30 entitled 'Zoning'
of the City of Ithaca Municipal Code," be and it hereby is
introduced before the Common Council of the City of Ithaca,
New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing
in the matter of the adoption of the aforesaid ordinance to
be held in the Council Chambers, City Mall at No. 108 East
Green Street in the City of Ithaca, New York, on Wednesday,
the Sth day of December, 1084 at 7:30 o'clock p.m., and be
it further
-10-
November 7, 1984
28 RESOLVED, That the City Clerk give notice of such public:
hearing by the publication of a notice in the official
newspaper specifying the time when and the place where
such public hearing will be held, and in general terms
describing the proposed ordinance. Such notice shall be
published once at least fifteen days prior to the public
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to
the Board of Planning and Development and to the Tompkins
County Planning Board a true and exact copy of the proposed
Zoning ordinance for their reports thereon.
ORDINANCE NO. 84-
AN ORDINANCE. AMENDING THE ZONING MAP, SECTION 30.22, 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 ZONING MAP.
111. That the "Official Zoning Map of the City of Ithaca,
New York," as last amended, is hereby amended and changed so
that the following described area presently located in the
R -3a Residential District is reclassified and changed to the
R -1b Residential District:
All that tract of area of land situate in the City of
Ithaca and bounded generally by a continuous line repre-
senting, in whole or part, the northwest, southwest, southeast
and northeast boundaries of parcels known as Nos. 901, 903,
9091, 911 and 915 E. State Street, and of a parcel having no
street number but known as Woodcock Street, enclosing in their
entirety the said parcels, which parcels are further identified
as Tax Map Parcels Nos. 83 -2 -15.1 through 83 -2 -19 and 83 -2 -22
on the current assessment maps and rolls of the County of
Tompkins; and
All that tract or area of land situate in the City of
Ithaca and bounded generally by a continuous line representing
in whole or part, the northwest, southwest, southeast and
northeast boundaries of parcels known as Nos. 919, 921 -23,
927, 931 and 933 E. State Street enclosing in their entirety
the said parcels, which parcels are further identified as
Tax Map Parcels No. 89 -3 -1 through 89 -3 -5.2 on the current
assessment maps and rolls of the County of Tompkins."
112. That the "Official Zoning Map of the City of Ithaca,
New York," as last amended, is hereby amended and changed so
that the following described area presently located in the
R -3a Residential District and the P -1 Public Use District is
reclassif.ed and changed to the R -1a Residential District:
All that tract or area of land situate in the City of
Ithaca and bounded generally by a continuous line representing,
in whole or part, the northwest, southwest, southeast and
and northeast boundaries of parcels known as Nos. 104 and
106 Valentine Place, enclosing in their entirety the said
parcels, which parcels are further identified as Tax Map
Parcels Nos. 83 -2 -20 and 83 -2 -21 on the current assessment
maps and rolls of the County of Tompkins; and
All that tract or area of land situate in the City of
Ithaca and bounded generally by a continuous line repre-
senting, in whole or part, the northwest, southwest, southeast
and northeast boudaries of parcels known as Nos. 105, 107
and 109 Valentine Place, enclosing in their entirety the
said parcels, which parcels are further identified as Tax
Map Parcels Nos. 89 -3 -13, 89 -3 -14 and 89 -3 -15 on the current
assessment maps and rolls of the County of Tompkins; and
-11.- November 7, 1.984
All that tract or area of land situate in the City of 2O
Ithaca and bounded generally by a continuous line representing
the southeast, northeast and northwest boundaries of a parcel
known as No. 122 Valentine Place, thence extending along the
said northwest boundary onto the northwest boundary of the
adjacent parcel known as No. 113 -15 Valentine Place to the
intersection of said northwest boundary with the line of a
1)uried 16 -inch city water sunDly main, thence follni�i.nP, the
line of said 16 -inch main in a southeasterly direction-to its
intersection with the southeast boundary of No. 11.3 -15 Valentine
Place, thence following the southeast, northeast: and northwest:
boundaries of No. 113 -15 Valentine Place in a continuous line
until it connects with the southeast boundary of No. 112
Valentine Place thus enclosing No. 112 Valentine Place in its
entirety and that portion of No. 113 -15 lying northeasterly
of the 16 -inch water supply main, which parcels or portions
thereof are further identified as Tax Map Parcels Nos. 89 -2 -1
and 89 -2 -2 (a portion); and
All that tract or area of land situate in the City of Ithaca
located in certain rights -of way themselves adjacent to the
aforesaid parcels, which rights -of -way are commonly known as
Valentine Place and Woodcock Street."
Go "3. That in accordance herewith the City Clerk is hereby
(7) directed to make or cause to be made the necessary changes
(r) on said zoning map."
M SECTION 2. EFFECTIVE DATE.
This Ordinance shall take effect immediately and in
accordance with law upon publication of a notice as pro-
vided in 9 3.11 (B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Hoffman, Haine, Dennis, Holdsworth,
Cummings, Myers, Romanowski, Schlather
.Nay (1) - Killeen
Carried
Northside Zoning
Alderperson Cummings reported that the neighborhood under
consideration is being mapped; the building uses are being
put together in accordance with the recommendations of the
Planning & Development Board for zoning procedures. There
will be a map of the area under consideration available at
the next meeting of the Planning and Development Committee.
Stewart Park Master Plan
Alderperson Cummings reported that the committee has had
preliminary discussions on the Stewart Park Master Plan and
will be taking it up at their second meeting in November, the
fourth Wednesday in November. It is their understanding that
there are groups of people who wish to talk to the committee
about the plan. In general there is enthusiasm in the
committee about the concept of pulling together a specific
guide and plan for Stewart Park and being prepared to move
ahead on this long range project. There are also some specific
concerns about some parts of the plan, but the committee wish
to give the public a chance to comment.
Collegetown Public Improvements
Alderperson Cummings reported that the committee examined
the range of options of things that need to be done in
Collegetown. Paul Mazzarella met with City Engineer Novelli
who will be drawing up a plan of the full range of improvements
needed in the area with costs attached: sidewalks, curbing,
street pavement, possible treatment of overhead wires, street
Lights, traffic control improvement, signage, and taking a
look at other amenities - - benches, planters, street trees,
bus shelters. She asked that Council get in touch with Mr.
Mazzarella and let him know if they have input. The item
will be discussed at the November committee meeting.
-12- November '/, 1944
30 A landscape architect has been engaged to make a preliminary
examination of the park as there is a need to figure out what
the costs will be of treating the park in a range of ways.
There will be a meeting, ntat.i.vely set. for Tuesday of next
week, with Peter 'Trowbridge to which all Council. members are
invited. They will be receiving a memo after the meeting is
arranged.
Rezoning Process: Recommendation from Planning _(,_Development
Board
Allderperson Cummings reported that the committee discussed
recommendations of the Planning I Development Board on the
rezoning process, the most important being mapping and making
available a description of the area under consideration; also
working out a clear process between committees of Council.
To allow for public input before zoning decisions are made,
the Building Commissioner will be making public a map and
description of that area. The committee talked about how
they should formalize the procedure -- whether this requires
official Council action or amendment of the Zoning Ordinance,
and decided to refer that to Council.
BUDGET AND ADMINISTRATION COMMITTEE:
Revenue Sharing Propose _Use hearing
By Alderman Dennis: Seconed
d Alderman floldsworth
RESOLVED, That the City Clerk be authorized and directed
to advertise for a Public Ilearing on the proposed use of
Federal Revenue Sharing Funds in the 1985 budget, to be held
by the Budget and Administration Committee, on Thursday,
November 29, 1984, at 7:30 P.M. in the Common Council Chambers,
108 East Green Street, Ithaca, New York.
Carried Unanimously
Revenue Sharing Budget Hearing
By Al erman Dennis: Seconde by Alderman Schlathr
RESOLVED, That the City Clerk be authorized and directed to
advertise for a Public Hearing on the use of Revenue Sharing
Funds as they relate to the total 1985 Budget, to be held
by the Common Council on Wednesday, December 5, 1984, at
7:30 P.M. in the Common Council Chambers, 108 East Green
Street, Ithaca, New York. Carried Unanimously
Youth Bureau Application to New York State
By Alderman Dennis: Secon ed y Al erman S mit mitaea
WHEREAS, the City of Ithaca is about to sub an application
for continuation of the Youth Bureau project to the New York
State Division for Youth for its approval, and if approved,
to apply subsequently to the State of New York for partial
reimbursement of funds expended on said project, as provided
by Chapter 556 of the Laws of 1945, as amended; now, therefore,
be it
RESOLVED, That such application is in all respects approved
and John C. Gutenberger, Mayor, is hereby directed and
authorized to duly execute and submit said application to
the New York State Division for Youth for its approval, and
be it further
RESOLVED, That this resolution shall take effect January 1,
1985.
Carried Unanimously
Audit
By Alderman Dennis: Seconded by Alderman Killeen
RESOLVED, That the bills audited and approved by the Budget
and Administration Committee,. in the total amount of $15,878.12,
as listed on Audit Abstract #20/1984, be approved for payment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
-13-
November 7, 1984
Veterans Exemption
By Alderman Dennis: Seconded by Alderman Schlather
WHEREAS, Chapter S2S of the Laws of 1984 amends the Real
Property Tax Law and provides an alternative Veteran's
Exemption, and
WHEREAS, the Budget and Administration Committee held a
Public hearing on October 2S, 1984, to consider this matter;
now, therefore, be it
RESOLVED, That by a 3 in favor and 2 abstaining vote, 1=he
Budget and Administration Committee recommends the granting
of the statutory maximum exemption.
(6WO-11 Amending Resolution
By Alderman Myers: Seconded by Alderperson hai.ne
RESOLVED, That the final RESOLVED read: "...the Budget and
Administration Committee recommends the granting of the lowest
level exemption ($40,000).
In"
Alderman Schlather explained that the above amendment would
require a Local Law.
Discussion followed on the floor.
Aldermen Holdsworth, Killeen and Romanowski declared them-
selves veterans for the record.
The question of the adoption of the foregoing amending
resolution was duly put to a vote on roll call, which
resulted as follows:
Peterson
Hoffman
Killeen
Dennis
Holdsworth
Ayes (S)
Nays (4)
Abstention (1)
The question
was duly put
follows:
Aye
Cummings
Aye
Aye
Myers
Aye
Nay
Romanowski
Nay
Nay
Schl.a ther
Nay
Abstained
Maine
Aye
Motion Defeated
of the adoption of the foregoing main resolution
to a vote on roll call, which resulted as
Dennis
Aye
Killeen
Abstained
Peterson
Aye
Holdsworth
Abstained
Myers
Nay
Hoffman
Aye
Haine
Aye
Romanowski
Abstained
Schlather
Aye
Cummings
Aye
Ayes (6)
Nay (1)
Abstentions (3)
Carried
31
Hourly Compensation Rate Adjustment
By Al erman Dennis: Seconded by Alderperson Hai.ne
RESOLVED, That the 1984 hourly rate for the following employees
be established, effective November 1.2, 1984, as follows:
Mary Barrett $7.33
Joyce Vol.picelli $7.33
Carried Unanimously
Cass Park Ice Rink
By Alderman Dennis: Seconded by Alderperson Ilaine
WHEREAS, enclosing the Cass Park Skating Rink with wind screens
will increase skating time and improve comfort for skaters, and
-14-
November 7, 1984
32 WHEREAS, the Ithaca Youth Hockey Association has agreed to
contribute the first $3,000 plus labor toward a temporary
enclosure for the rink; now, therefore, be it
RESOLVED, That an amount not to exceed
the
$6,000
Cass
be made
Park Rink,
available
con-
from City funds for
improvements to
be it
further
sisting of temporary
wind screens, and
RESOLVED, That this
expenditure will be
1v1(1y $9,000)
matched
by a
from the
$3,000
Ithaca Youth
contribution (for a
total ,t of
contribution
is fo
be made
before
Hockey Association,
which
City funds are expended.
Discussion followed
on the floor.
Tabling Resolution
By Alderman Romanowski: Seconded by Alderperson Haine
RESOLVED, That the resolution concerning Cass Park Ice Rink
be tabled.
A vote on the tabling resolution resulted as follows:
Ayes (6) - Peterson, Haine, Dennis, _Myers, Romanowski
Schlather
Nays (4) - Hoffman, Killeen, I-Ioldsworth, Cummings
Carried
CHARTER AND ORDINANCE COMMITTEE:
Local Law Amen ing Sec ion .1 "Elective and Appointive
Officers" an Section 2.9 "City Attorney: Autlority an
Duties" o TS e City of Ithaca Municipal Code
By Alderman Schlather: Seconded By Alderman Dennis
LOCAL LAW NO. OF THE YEAR 1984
A LOCAL LAZY AMENDING ARTICLE II OF THE CITY OF fiTHACA
CHARTER, SECTION 2.1 ENTITLED "ELECTIVE AND APPOINTIVE
OFFICERS," AND SECTION 2.9 ENTITLED "CITY ATTORNEY;
AUTHORITY AND DUTIES.''
BE IT ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. Amending ARTICLE II of the Ithaca City
Charter, Section 2.1 entitled "ELECTIVE AND APPOINTIVE
OFFICERS."
SECTION 2.1 of the Ithaca City Charter is hereby
amended to read as follows:
8 2.1 ELECTIVE AND APPOINTIVE OFFICERS
"The officers of said city shall be as follows: A
mayor and a city judge to be elected at large by the
qualified voters of the city; two alderpersons from each
ward, to be elected by the qualified voters of the city
residing in each ward, respectively; a city prosecutor, a
city chamberlain, a city controller, a city clerk, a deputy
city clerk, six commissioners of public works, three fire
commissioners, a building commissi.oner,"five police commissioner�
such members of the police force, as in the judgment of the
common council may be deemed necessary, and such officers
as are hereinafter, or by by the general laws of the state,
authorized and provided, all of whom shall be appointed by
the mayor, except as otherwise herein or by said general
laws provided. The same persons may be so appointed to
hold one or more of said offices at the same time. Superin-
tendent of public works shall also be an officer of the city
and shall be appointed by the board of public works as herein-
after provided. The common council may also, prior to each
of such appointments, prescribe the duties of such officers
in addition to and not inconsistent with the duties prescribed
by this Charter, except as otherwise provided for; and subject
-is-
November 7, 1.984
to such provisions of the common council. and to the provisions3 3
of this Charter the mayor shall prescribe the duties and fix
the rates of compensation of all officers appointed by the
Mayor. "
SEC'T'ION 2. Amending ARTICLE II of the Ithaca City Charter,
SECTION 2.9 entitled "CITY ATTORNEY: AUTHORITY AND DUTIES."
Section 2.9 of the Ithaca City Charter is hereby amended
to read as follows:
g 2.9 CITY ATTORNEY; AUTHORITY AND DUTIES
"The mayor shall select a city attorney. The compensation
of the city attorney and terms of shall be fixed by
payment
the common council. The common council. shall pay the city
attorney all disbursements or expenses which the city attorney
may legally incur in behalf of the city and which may be in-
curred under the direction of the common council or mayor or
any board or officer, as provided by this charter. The city
attorney shall not be considered an officer of the city within
the meaning of the New York State Public Officers Law.
M
The city attorney: shall prosecute and defend the actions
(T)
and proceedings by and against the city and every department
thereof; shall be the official legal advisor of the mayor, the
ED
common council, the boards and other officers of the city;
M
shall; when required, prepare all legal papers, contracts,
deeds and other instruments for the city and the different
departments thereof; shall attend the meetings of the common
council and of the board of public works; shall when requested
by the board of public works, attend to all of the proceedings
under this charter, in relation to improvements, local or
otherwise, and conduct the same in a legal manner; shall pass
upon the legality of all bills or claims presented to the
common council or the board of public works which may be
presented to the city attorney for that purpose; and shall
perform such other and professional services relating to the"
city as the mayor or common council shall direct. It shall
be the duty of the city attorney to appear in behalf of the
people in proceedings before the city judge whenever in the
judgment of the mayor or a majority of members of the common
council or board of public works the interests of the city
require it. If the city attorney certifies to the common
council that there is need for the assistance of additional
counsel on questions or matters submitted to the city attorney,
or if i.n the judgment of the mayor other or additional counsel
,hould be employed, the common council may authorize the mayor
to employ counsel thereon; and except upon such authorization
the city attorney shall be the sole attorney and counselor of
the city and its various boards and departments. Whenever
any papers in any proceeding or action, by which the city is
affected, shall be served upon any officer of the city, such
officer shall forthwith deliver the same to the city attorney,
who shall thereupon take such action i.n the matter as shall be
necessary to protect the interests of the city until the next
meeting of the Common Councilf when the city attorney shall
report thereon concerning such nroceedinvs and make recommen-
dations therein. The city attorney shall keep a record or
register of all suits and proceedings in which the city
attorney is involved as city attorney. The city attorney
shall have power to authorize any attorney to temporarily
appear for the city attorney, in case of absence or illness,
for and in behalf.of the city in any suit or proceeding. All
costs of actions and proceedings, when the city is a party
shall belong to the city, or when collected shall be paid to
the city chamberlain and be credited to and form a part of the
contingent fund. Upon termination of service the city attorney
shall deliver to the successor city attorney, as soon as
engaged, the record or register of all suits and proceedings
in which the city or any of its departments may be a party,
to the end that a suitable order may be entered making such
substitutions."
-16- November 7, 1984
34 SECTION 3. EFFI ?CTIVE DATE. 1'h i s Local Law shat l take
effect imtediately after filing in i:he office of the Secretary
of state. (;a 1> i- i ed Unanimously
Ali Ordinance Amending Chapter 60 "Traffic and Vehicles" of
the City o - It laca 1`Iu111ci al Code
y Al erman Sctlatier: SecondeC by Alderman Killeen
ORDINANCE NO. 84-
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND
VEHICLES" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of
the City of Ithaca, New York, as follows:
Section 1. That a new Section to be known and designated
as 60.48 of ARTICLE IV entitled. "PARKING, STANDING AND
STOPPING" to follow Section 60.47 is hereby added to said
Chapter to read as follows:
9 60.48 Curb Line Parking
No persons shall stop, stand or park a vehicle between the
curb rty lineeofeany street not rahighwaySexceptkthe following
property
streets or highways:
Cliff Street, east side, within the 500, 600 and 700
blocks (Parallel parking only).
University
toAvenue,
Cityeast
Cemetery from
northpoint
toLake1 of
Street
the entrance
(parallel parking only).
Lake Avenue, east side, from Cascadi.11a Street to a point
100' to the north (diagonal parking only).
North Tioga Street, cast side, within the 1200 block
(diagonal parking only).
Hector Street, west side, within the 200, 300, 400, 500,
and 600 blocks (parallel parki ii , only) .
Wood Street, south side, within pull -off parking areas in
the 400 block (perpendicular parking only).
Floral Avenue, east side, within parking areas in the 200
block.
Spencer Road, south side, in front of No. 335, 339, 341 and 343.
north side, In front of No. 532 east to Meadow
Street.
north side, in front of No. .154'8., S54, 566, 570
and 574
south side, in front of No. 543, 547, 549, 563,
and 565 -
both sides, in front of No. 553, 603, 659 and
663. (parallel parking only).
Section 2. This ordinance shall take effect immediately
and in accordance with of upoIth blicitioCharternotice as
provided in S 3.11 (B) the
Discussion followed on the floor.
Referral Resolution
By Alderman Scilatier: Seconded by Alderman Romanowski
RESOLVED, That the proposed amendment to Chapter 60 "Traffic
and Vehicles" be referred to the Streets and Facilities Committee
of the Board of Public Works for report back to the Charter and
Ordinance Committee by December 7, 1984.
Carried Unanimously
-17- November 7, 1984
HUMAN SERVICES COMMITTEE: 35
Youth Facility -- Request for Proposals
Alderman 1Io.-man reported that a request for proposals for a
design of the facility has been circulated (sent out the pre-
vious Monday) which combined the Youth Facility and a Stewart
Park maintenance facility, the latter being separate. A
return date of December 3 is in the request; also a suggestion
that Council act on them as quickly as possible following
their return.
Mayor Gutenberger indicated that: he will. appoint a selection
committee within a few days.
Smoking in Common Council Chambers
By Alderman Hoffman: Seconded by Alderperson Peterson
WHEREAS) smoking has been found by the Surgeon General. to be
harmful to the public health, and
WHEREAS, medical evidence shows that even non - smokers are
harmed by smoking in their vicinity; now, therefore, be it
RESOLVED, That the Common Council Chambers and adjacent third -
floor conference room are designated as "No Smoking" areas,
a) and that the Department of Public Works is directed to erect
"No Smoking" signs in these areas, to remove the ashtrays in
M these areas, and to place an ash receptacle in the hallway
[�] leading to the Common Council Chambers.
Discussion followed on the floor.
Amending Resolution
By Alderman Dennis: Seconded by Alderman Killeen
RESOLVED, That the resolution be amended to delete the
conference room.
Motion Withdrawn
Amending Resolution
By Al erman Sclila It er: Seconded by Alderman Killeen
RESOLVED, That the resolution be amended to read as follows:
"RESOLVED, That the Common Council Chambers at all times, and
adjacent third -floor conference room (when used as an official
meeting room), are designated as "No Smoking" areas,.,,."
Discussion followed on the floor.
A vote on the Amending resolution resulted as follows:
Ayes (9) - Peterson, Hoffman, Elaine, Dennis, Holdsworth,
Cummings, Myers, Romanowski, Schlather
Nay (1) - Killeen
Carried
Referral Resolution
By Alderman Killeen: Seconded by Alderman Dennis
RESOLVED, That the resolution concerning smoking in Common
Council Chambers be referred to the Charter and Ordinance
Committee.
Ayes (2) - Killeen, Dennis
Nays (8) - Myers, Romanowski.,
Elaine, Holdsworth,
Schlather, Peterson, Hoffman,
Cummings
Motion Defeated
A vote on the main motion as amended resulted as follows:
Ayes (9) - Peterson, Hoffman, Hai.ne, Dennis, Holdsworth,
Cummings, Myers, Romanowski, Schlather
Nay (1) - Killeen
Carried
_18_ November 7, 1984
3 E�
UNFINISIIED AND MISCELLANEOUS BUSINESS:
Rezoning
Al erman Schlather requested tbai: zoning l�'est State Street.
from Meadow Street west to the octopus be referred to planning
and Development Committee for re- examination.
ADJOURNMENT:
On a motion the meeting adjourned at 11:37 p.m.
)jqAepPA. Runce, City Clerk
Jo Guten -erger , M or
I wn