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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