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HomeMy WebLinkAboutMN-CC-1985-03-06Regular Meeting PRESENT: Mayor Gutenberger Alderpersons (9) - COMMON COUNCIL PROCEEDINGS CITY OF ITI-IACA, NEW YORK 1:30 P.M. March 6, 1.985 Cummings, Dennis, Maine, Hoffman, Holdsworth, Killeen, Peterson, Romanowski, Schlather ABSENT: Alderperson (1) - Myers OTHERS PRESENT: Dep. Controller - Cafferillo Dir., Youth Bureau - Cutia Personnel Administrator - Best -Shaw Dir., Planning $ Development - Van Cort Building Commissioner - Hoard Chief of Police - Herson City Attorney - Stumbar Dep. Fire Chief - Reeves IURA /CDC members - Gutenberger, Dennis, Stein, Jones �) Board of Representatives - Stein C-0 City Clerk - Rundle r.)..) Acting Mayor Killeen chaired the meeting until the arrival of Mayor ff) Gutenberger. [In PLEDGE OF ALLEGIANCE: < Acting Mayor Killeen led all present in the Pledge of Allegiance to the American flag. WJ MINUTES: Meeting of February 6, 198S Alderperson Schlather requested correction of his comments regarding the bond resolution: page 13, bottom of page, final phrase should read "having entered into these otherwise ill-advised contracts," (400"- the word entered being substituted for rendered it. Alderperson Hoffman requested correction of Bogan to "Bogen" on p. 3 under Hydropower Commission. Resolution By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the meeting of February 6, 198S be approved as corrected. Carried Unanimously SPECIAL ORDER OF BUSINESS: Resolution of Appreciation By Alderperson Dennis: Seconded by Alderperson Haine WHEREAS, John T. Feller has served the City of Ithaca for 3S years and 7 months as a parking meter maintainer, and 30 years as a voting machine programmer, and WHEREAS, John performed his duties with a high degree of skill, energy and integrity; now, therefore, be it RESOLVED, That we, the Common Council and Mayor, on behalf of the City of Ithaca, express our thanks to John T. Feller for his faith- ful service, and wish him good health and happy days in his retire- ment; and be it further RESOLVED, That this resolution be spread upon the minutes of this mecti.ng and a copy given to Mr. Feller, Signed on March 6. 1985 by Mayor John C. Gutenbergci. Carried Unan_ -ously Public hearing - Garage Sales Resolution To Open Public Hearing By Al erperson Peterson: Seconded by Alderperson Haine RESOLVED, That the public hearing to consider a proposed amendment of Section 30.32, "Use Regulations" of Chapter 30, "Zoning" be opened. Carried Unanimously 100 -2- Marcb 6, 1985 Donna Carr, representing.; the Ithaca Journal, asked for a clear definition of Section 50 . 32 . Resolution '1c; Close Public Iiearing By A—lcerperson 11aine. Seconded �' Al derperson Schlather RESOLVED, Tbat the pub l :ic )hearing In consider a proposed amendment of Section 30.32, "Use Regulations" of Chapl:er 30, "Zoning" be closed. Carried Una.nimohJsl.y Public Hearing - Proposed D_isposition_of_City__ownecl Property in_Cherr Street Industrial Park Resolution To Open Public I{earing -_lURA By IURA Member Stein: Seconded by fUR,K Member Jones RESOLVED, That the public Bearing to consider disposition of city - owned property in Cherry Street Industrial Park be opened. Carried Unanimously Resolution To Open Public Hearing-­Common Council By Alderperson Schlather: Seconded �y Alderperson Cummings 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 - -AURA By IURA Member Jones: Seconded by IURA Member Stein RESOLVED, That the public hearing to consider disposition of city - owned property in Cherry Street Industrial. Park be closed. Carried Unanimously Resolution To Close Public Hearing -- Common Council By Alderperson Cummings: Seconde y n e_ person Schlather RESOLVED, That the public hearing to consider disposition of city - owned property in Cherry Street Industrial Park be closed. Carried Unanimously ADDI'T'IONS TO OR DELETIONS FROM THE AGENDA: Planning an Development Committee Al erperson Cummings requested the separation of Item XV(B) into two divisions: (B) Accufab and (B1) Pipe Welding Supply Co., Inc. No Council member objected. 9- PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Belle Sherman Playground Project De ora TIoard, 108 Cornell Street, spoke to the Council about a play- ground project which the Belle Sherman PTA are involved in. A wooden play structure which was designed by Bob Leathers will be built May 16 through 19 by volunteer labor. Ms. Hoard commented that there is need for more money and more volunteers to help with the project. She distributed brochures explaining the project. Ithaca Opera Association Marina Gilman, bUb N. Plain Street, led the Ithaca Opera Association in a song of appreciation in response to Mayor Gutenberger having proclaimed the week "Ithaca Opera Meek." N.Y.S. College of Agriculture Buildings - Historic Designation Tie following persons addressed the Council, speaking in favor of historic designation of 7 buildings of the College of Agriculture and' Life Sciences: Barclay Jones, 502 "i rner Place, Chairman, Ithaca Landmarks Preserva tion Commissi ^. Geoffrev °•;. Gyrisco, 120 N. Cayuga Street, Exec. Director, Historic Ttb--. t Tompkins County — tchard Kinner, 112 Parker Street Mary Tomlan, 200 Delaware Avenue, Pres., Historic Ithaca Kristen Schaffer, 411 Turner Place Vincent Mulcahy, 3 Fountain Place -3- March 6, 1985 1(�� The following persons addressed the Coianci.l, speaking in opposition to designation of the 7 buildings a- David L. Call., Vice Pres., Cornell University, 309 Day Hall. Mr. Call presented a prepared statement in addition to a Summary of Recent Developments and Studies Relative to the Replacement of Five Antiquated Buildings. The two documents are available in the Clerk's office for review. Marvin I. Adelman, 32 Cornell Street (4000Co;nriaunity Gardens 1, Joel Fredell, Board of Directors, Project Growing Hope, addressed the Council concerning the proposed amendment to the Zoning Ordinance as it relates to Community Gardens (Item XVE), and requested that the zoning problem be resolved. Lam ricide in Cayuga Lake Stephen Baker, 211 Stewart Avenue, Chairman, Conservation Council., spoke to the Council and requested support of the resolution opposing applica- tion of lampricide in Cayuga Lake. C!J CO application Booth, 110 Delaware Avenue, addressed the Council regarding application of pesticides in Cayuga Lake to control the lamprey and T) requested support of the resolution opposing application of pesticides. 1-6 11 Mayor Gutenberger arrived at 8 :45 p.m. and chaired the remainder of the meeting. COMMUNICATIONS FROM THE MAYOR: Legislation re. Listing Exempt Property Mayor Gutenberger reported receiving a communication re. proposed legislation requiring cities to publish in the newspaper all exempt properties which the cities have. He asked for comments from the Council regarding this. City Attorney Stumbar responded that lie agrees it is an unnecessary expense as long as the list is made available to the public. Mayor Gutenberger requested referral of the item to Budget and Administration Committee for discussion and report back. Resolution By Al P�.rperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the proposed legislation regarding publishing exempt properties be referred to the Budget and Administration Committee for review and report back. Carried Unanimously MAYOR'S APPOINTMENTS: Mayor GutenEerger requested approval of the following appointments: Youth Bureau Advisory Board Kathryn G. Landes, 212 South Plain Street; to fill unexpired term of E. Wood Kelly, who resigned; term to expire 12/31/85. Energy Commission Dlelvin Brown, 116 S. Cayuga Street, Apartment #5; to replace Gerard Messmer, who resigned. Tompkins County Economic Advisory Board (City Representative) (4wo", Dick Flaville, 658 Elmira Road; term to expire 12/31/87. RSVP Board Sean Killeen - Council liaison. Resolution By Alderperson Romanoivski: Seconded by Alderperson Haine RESOLVED, That this Council. approves the appointments presented by Mayor Gutenberger. Carried Unanimously 02 A. March 6, 1985 CITY ATTORNI Y' S REPORT;: Bi-- 11T)__oa— r(T-s City Attorney Stumbar f•epor ted that. ai: the time of the last meeting of Council Judge Swartwood had granted a stay through February 22, 1985. Prior to that stay running out. R.11.P. Inc. instituted. a suit in federal court before Jtidgc McKearn of the Northern District of Nei York b,Ised on an aileged violation of the highway Beau t:i_fi.cati.on Act at the :,ime time f hot t ley I!;ti), Cd f or i !;ti), of Judge Swrii t. t;�,od's order allowing; the city to have the 1illboards removed. Atty. Stumbar went to argue it ill Syr,Jcuse in the middle of the previous month and Judge McKearn dejiied the stay. That. act.i_on, however, is still pending in federal court. Atty. Stumbar made a motion to dismiss charges, returnable the middle of this month. Their stay request having been denied in federal court, they jumped back into state court into the Appellate Division and taent to Judge Yessowich who is an Appellate Division judge in Cortland. They got a temporary stay from him pending the determination by the full. Appellate Division court of whether or not the Appellate Division will grant a stay pending the appeal that was filed in the Appellate Division that was submitted to the court on March 4. They are waiting for a decision from the Appellate Division as to whether they will continue the stay during the time that R.H.P. Inc. was appealing Judge Swartwood.'s order. If they do continue the stay it would probably be another 4 -5 months until the Appellate Division act on the appeal which is a f_rivil_ous appeal and filed only to keep the c i t.y from effectuating .Judge Swartwood's order. They have been spending a lot of time lobbying in Albany to try to get the state to enact legislation which would reim- burse them for ar_y billboards that are removed.. Atty. Stumbar under- stands that the legislation now pending which was vetoed last year by Gov. Cuomo has a good chance of passing this year. It, however, would . have the state reimburse them rather than the city. However, Atty. Stumbar is attempting to get this case completed before any state legislation is passed. If the cite can get: the billboards removed before t}ie state legislation passes, reimbursement will be moot. J URBAN RENEWAL AGENCY: Mayor Gutenberger called the Urban Renewal Agency meeting to order and declared a Quorum present. Pipe Welding Supply Company_ (IURA B) By Agency member Stein: Seconded by Agency member Dennis 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 qualifica- tions of respondents and evaluated their responses per Section 1(c) of said procedure, and WHEREAS, the Cherry Street Industrial Park was developed to encourage the retention and expansion of local area industries, and WHEREAS, Pipe Welding Supply Co., Inc. desires to acquire + .87 acres on the west side of the Park to construct new facilities to accommodate its expansion needs, and WHEREAS, the Ithaca Urban Renewal Agency has established the eligi- bility of Pipe Welding Supply Co. for tenancy in the Park and has designated them preferred sponsor, and 1J WHEREAS, the Agency and Planning and Development Committee have re- viewed the terms of the proposed lease /sale agreement; now, therefore, be it RESOLVED, That the Ithaca Urban Renewal Agency does hereby designate Pipe Welding Supply Co. a qualified sponsor for tenancy in the Cherry Street Industrial Park, and does accept the terms of the proposed lease /sale agreement, provided that further provision is made therein for a pedestrian /bikeway easement 20' in width along the cast bank of the flood control channel; and be it further 5- March 6, 1.985 103 RESOLVED, That the Ithaca Urban Renewal /agency does approve the lease/ sale of + .87 acres of land in the Cherry Street= Industrial Park to Pipe Wel -ding Supply Co. for construction of new facilities pursuant to the terms and conditions of said agreement:, as modified, 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 as modified is a legally sa.tis- factory land disposition instrument, and be it further RESOLVED, That this disposition, in accordance with the terms speci- fied, as modified, 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 the City Attorney and Director of Planning and Development to execute any and a.11 instruments necessary for effectuation of this land disposition. Discussion followed on the floor. A vote on the resolution resulted as follows: it] Carried Unanimously III 1. PLANNING AND DEVELOPMENT COMMITTEE: By Alderperson Cummings: Seconded by Alderperson Killeen 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 qualifica- tions of respondents and evaluated their responses per Section 1(c) of said procedure, and WHEREAS, the Cherry Street Industrial Park was developed to encourage the retention and expansion of local area industries, and WHEREAS, Pipe Welding Supply Co., Inc. desires to acquire a. + .87 acre parcel on the west side of the Park to construct facilities to accommodate its expansion needs, and WHEREAS, the Urban Renewal Agency has established the eligibility of Pipe Welding Supply Co. for tenancy in the Park and. has designated them preferred sponsor, and WHEREAS, the Agency and Planning and Development Committee have reviewed and accepted the terms of the proposed lease /sale agreements; now, therefore, be it RESOLVED, That Common Council does hereby concur with the designation of Pipe Welding Supply Co., Inc. as the qualified sponsor for tenancy in the Cherry Street Industrial Park, and does accept the terms of the proposed lease /sale agreement, providing that further provision is made therein for a pedestrian /bikeway easement 20' in width along the east bank of the flood control channel, and be it further RESOLVED, That Common Council does approve the lease /sale of + .87 acres of land in Cherry Street Industrial Park to Pipe Welding Supply Co., Inc. for construction of new facilities, pursuant to the terms and conditions of said agreements, as modified, 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 agreements are legally satisfactory land disposition instruments, as modified, and be it further 104 IMI r ch 6, 9 8 5 RESOLVED, ` liot this :J.i .Pos i.t.ion; ia, �ccc,rdancc ��:,_th E_hc tern,.; spcc.i .. fied, as wod:i.fied, i.n 1"It.lWrWc - c,f the urbran rcne�::,l lalan <,nd the best interest Of t.1ae. City of lt.l, ;)ca, and be _it, furt.ber RESOLVED, That the Mayor be and hereby is authorized and directed, upon advice of the City At.t:orncy and Director of Planning and Develop- ment, to execute for ttae City of 1'haca any aaad "111 nsi:rtame:nl.> necessary foI eflectu,?i.ion of i.ha land c. 1isl,or,:i_tion. Carr. i.ed Unanirnously URBAN RENEWAL AGENCY: Accufab, Inc. By Agency Member Stein: Seconded by Agency Member Dennis WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land Disposi.ti_o_ 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 qualifica- tions of respondents and evaluated their responses per Section 1(c) of said procedure, and WHEREAS, the Cherry Street Industrial. Park was developed to encourage the retention and expansion of local area industries; and WHEREAS, Accufab, Inc. desires to acquire 4- 69 acres on the west: side of the Park to construct new facilities to accommodate its expan- sion needs, and WHEREAS, the Ithaca Urban Renewal. Agency has established the eligi- bility of Accufab for tenancy in the Park and has designated them preferred sponsor, and WHEREAS, the Agency and Planning and. Development Committee have re- viewed the terms of the proposed lease /sale agreement; _now, therefore be it RESOLVED, That the Ithaca Urban Accufab a quali.fied.sponsor for Park, and does accept the terms provided that further provision easement 20' in width along the and be it further Renewal, Agency does hereby designate tenancy in the Cherry Street Industrial. of the proposed lease /sale agreement, is made therein for a pedestrian /bi.keway east bank of the flood control channel, RESOLVED, That the Ithaca Urban Renewal Agency does approve the lease/ sale of + .69 acres of land in Cherry Street Industrial Park to Accufab for construction of new facilities pursuant to the terms and conditions of said agreement, as modified, and be it further I I 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 is a legally satisfactory land disposition instrument, as modified, and be it further RESOLVED, That this disposition, in accordance with the terms specified, as modified, 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 the City Attorney and Director of Planning and Development to execute any and all instru- ments necessary for effectuation of this land disposition. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously -7- March 6, 1.985 PLANNING AND DEVELOPMENT COMMITTEE* Accufa , Inc. - Cherry Street Indust) i.al. Park By Alderperson Cummings: Secon ed icy]clerperson Killeen 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 qualifica- tions of respondents and evaluated their responses per Section 1(c) of said procedure, and WHEREAS, the Cherry Street Industrial. Park was developed to encourage the retention and expansion of local area industries, and WHEREAS, Accufab, Inc. desires to acquire a + .69 acre parcel on the west side of the Park to construct facilities to accommodate its expansion needs, and WHEREAS, the Urban Renewal Agency has established the eligibility of Accufab for tenancy in the Park and has designated them preferred sponsor, and !�) WHEREAS, the Agency and Planning and Development Committee have reviewed the terms of the proposed lease /sale agreement; now, therefore, be it RESOLVED, That Common Council does hereby concur with the designation of Accufab, Inc. as the qualified sponsor for tenancy in the Cherry Street Industrial Park, and does accept the terms of the proposed lease /sale agreement, provided that further provision is made therein for a pedestrian /bikeway easement 20' in width along the east bank of the flood control channel, and be it further RESOLVED, That Common Council does approve the lease /sale of + .69 acres of land in Cherry Street Industrial. Park to Accufab, Inc. for (400,-el construction of new facilities, pursuant to the terms and conditions of said agreement, as modified, and be it further RESOLVED, That this disposition is in accordance with applicable state law and with the city's Urban Renewal Land Disposition Pro- cedure, and be it further RESOLVED, That the lease /sale agreement is a legally satisfactory land disposition instrument, as modified, and be it further RESOLVED, That this disposition, in accordance with the terms speci- fied, as modified, 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 Mayor be and hereby is authorized and directed, upon advice of the City Attorney and Director of Planning and Develop- ment, to execute for the City of Ithaca any and all instruments necessary for effectuation of this land disposition. Carried Unanimously Recess Common Council recessed at 9:30 p.m. and reconvened in regular session at 9:40 p.m. (600e, PLANNING AND DEVELOPMENT COMMITTEE: Now York State College of A jriculture Build:int,,s _- Cornell University By Alderperson Cummings: Seconded Tip Alclerpersoifioff�uan WHEREAS, the Planning and Development Board has evaluated the pro- posed designations in light of the existing zoning and overall city planning goals and has determined that these are•in compliance, and WHEREAS, these buildings; Bailey, Comstock, Caldwell, East Roberts, Roberts, Stone and Fernow Halls have been approved as landmarks by the Ithaca Landmarks Preservation Commission with documentation that was submitted to the National. Register of historic Places, and 106 1:;Ar(,1) 1985 WHEREAS, these bl)ildJ119F have been li "ted oil t.h(" h�.a,JOnal. Re£;i!,t-.er. of . Histo�r 1 c PLJce:, 1 (;�, both arc:hit or, t1.)l-,1 1 and li i Ao,- c � to the State ,).f_ TJI'1v' Yort <ind the nrition, ,Ind WHEREAS, the proposed _local designatic)n of these buildings r1c.RJ1ow- ledges the p.i_on r ee.in4; activity of' I,i.h:�rty Hyde Bail ^y to establish all a.ga'1Cllltllr�ll scbr),)1 fol- the ,lUrpc'` �'� of ('��l1Cat:�c71, I-es,C, -I 'ch 7711 betterment of t.1:c <;; r i cti i t , rnl anti No", Yorlt and WHEREAS, these buildings were Con::t rug. tcd the f.a )-mers -, of York State and its rural society, and WHEREAS, these buildings reflect the contemporary design and work of the noted architects George L. Heins, the firm of Martin, Ilebra.rd and Young, and Green and Wicks in a unique collaboration over a decade that created the physical expression of the agriculture campus, and WHEREAS, these buildings are significant to the City of Ithaca. and the people of the State of New York as the i_ni.t.i_a -)_ buildings of a major research facility devoted to the furtherance of agricultural education and as the manifestation of early state support for this institution; now, therefore, be it RESOLVED, That upon the recommendation of the Planning and Develop- ment Committee, Common Council approves designation by the Ithaca Landmarks Preservation Commission of Bailey, Comstock, Caldwell., East. Roberts, Roberts, Stone and Fernow Halls as landmarks in the City of Ithaca. Discussion followed on the floor. A vote on the resolution .resulted as follows: Ayes (7) - Peterson, IIoffman, Killeen, Hai_ne, Dennis, Cummings, Schlather Nays (2) - Holdsworth, Romanowski Absent (1) - Myers Carried Mayor Gutenberger observed that we only look at. historic buildings when someone wants to do something with them. Iie commented that we have to look at our community, make up our minds what buildings are historic and designate them as such, and not always be reacting to a threat of demolition. Community Development Application - Acquisition of Land for Industrial Par By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, opportunities exist to facilitate the expansion of local industrial concerns through the acquisition of an appropriately zoned site, and WHEREAS, with the recent full leasing of the Cherry Street Industrial Park, the IURA /CDA has been encouraged by the Tompkins County Chamber of Commerce and representatives of the local financial institutions to sustain its efforts at providing such expansion possibilities, and WHEREAS, subject to confirmation of project feasibility, to include completion of site reviews and successful negotiations with the current owner, the costs of the subject site's acquisition may be in- cluded in Ithaca's 1985 -86 Community Development Block Grant Applica- tion, scheduled for Common Council review and adoption on April 4, 1985, and WIIF.REAS, the Common council for the City of Ithaca seeks to expand local industrial concerns within appropriately zoned sites that are environmentally safe and will increase employment opportunities for its citizens; now, therefore, be it RESOLVED, That the Common Council authorizes the Mayor to negotiate for the acquisition of the subject property, provided that any, -9- Marsh 6, 1985 107 purchase offer will be contingent upon Common Council approval. and full acquisition funding of the profc,.t. with Community Development funds and funding of the City of Itl.�ca's 7985 -86 Community Develop- ment Application. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Peterson, Killeen, Haine, Dennis, Holdsworth, Cummings, Romanowski, Schlather Nays (1) - Hoffman Absent (1) - Myers Carried Aurora Street Hill By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, the Aurora Street hill has had a history of serious accidents involving runaway trucks, buses and other large vehicles, and WHEREAS, several of these accidents have resulted in deaths or serious 03 injuries to innocent people, and (5) WHEREAS, the State of New York, Tompkins County and the City of Ithaca rJ3 have attempted to solve the problem of runaway vehicles on Aurora M Street, and WHEREAS, serious accidents continue to occur despite efforts to avoid them; now, therefore be it RESOLVED, That the City of Ithaca hereby requests that Tompkins County immediately begin a discussion of how the enforcement of existing or new traffic regulations can be improved, how precautionary measures to avoid accidents can be improved, and how the efforts of the State, County and City to prevent accidents can best be coordinated. Discussion followed on the floor. Tabling Resolution By Alderperson Dennis: Seconded by Alderperson Hoffman RESOLVED, That the resolution concerning Aurora Street Hill be tabled fnr further work in committee. Carried Unanimously Introducin Proposed Changes to the Zoning Ordinance and Providin for Public Notice and Public Hearing By Alderperson Cummings: Seconded by Alderperson WHEREAS, community or neighborhood gardens are not use in any zoning districts in the City of Ithaca, Hoffman a permitted land and WHEREAS, there has been increasing interest in the development of community or neighborhood gardens for the purpose of promoting the production of food, fostering self - sufficiency and enhancing social contact among the residents of Ithaca, and WHEREAS, the Planning and Development staff has met with advocates of community or neighborhood gardens and residents of neighborhoods and has drafted proposed amendments to the Zoning Ordinance which are intended to permit the establishment of community or neighborhood gardens while at the same time protecting the interests of neighbor- hood residents; now, therefore, be it RESOLVED, That Ordinance No. 8S- entitled "An ordinance amending Sections 30.3 and 30.26 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 at the Council Chambers, City IIall, at 108 Fast Green Street in the City of Ithaca, New York, on Wednesday, the 3rd day of April, 1985 at 8:00 p.m., and be it further 108 -1tt- 10'arc:h 6, n8s RESOLVED, That the City Clerk give nc� 1 :i.cc :i n such publ i_c hca.ring by the publication of a notice in the official newspaper, specifying the time when and. the place where such public hc,aring will be held; and in general. terms describing the proposed ordinance. Such notice shall be published once at least fifteen (IS) clays prior to the public hearing, and be it further FESOLVII), flat: the City Clerk stial.l i ��arnsmiL forthwith to the Plaulnirif, and Devcaopmcn1. Board and the 'fompkin County 111.,.ning Board a true and exact copy of the proposed zoning ordinance for its report there- on, ail be it further RESOLVED, That the City Clerk shall transmit forthwith to the Charter and Ordinance Committee a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 85- AN ORDINANCE AMENDING SECTIONS 30.3 and 30.26 OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30. INTITLED "DLFI NTT IONS" BY ADDING: "'Community or neighborhood garden' shall mean an area used by several individuals or families, operating in association with each other or under sponsorship by a non- profit or voluntary organization, for seasonal production of vegetables and other garden produce for home consumption by the individuals or families directly engaged in such production." SECTION 2. AMENDING SECTION 30.26, ENTITLED "STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMIT'S" BY ADDING: "C,l.m. Community or neighborhood gardens in all districts. 1) Applicants shall provide evidence of approval for such use from the owner of the property on which the gardens are to be located. 2) Applications shall provide evidence that the area to be used will at all times be operated in a responsible manner, so as not to present a nuisance to or interfere with the use and enjoyment of neigh- boring private or public property. Such evidence shall designate at least one responsible adult, who shall be a participant in the gardening, a repre- sentative of the sponsoring organization, or the owner of the subject property, to administer or coordinate the operation and to act as contact person therefor. 3) Applicants, or the administrator /coordinator of the garden area, shall insure that the gardening activity on individual plots is conducted at reasonable hours; that refuse from the gardening operations is promptly and properly disposed of; that power or motorized machinery used in preparing and maintaining individual plots is no larger than that normally used in connec- tion with home gardening; that mulch, or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner; that noxious fertilizers or chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all. adjoining property owners and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household; that no flammable liquids will be stored on the site; that noise and odors - 11 - March 6, 198 S lr�y produced in connection with the gardening activity will be no greater than those normally associated with home gardening; that resident, of the, area. nearest the site will be given opportunity to obtain a plot in the annual allocation of plots; that unused. portions of the site will be maintained in a. neat: and orderly manner at all times; and that at the end of each gardening season the entire site will be cleaned and left with a neat e.hpearance. In addition, the applicable portions of Section 30.32 A and C, follow- ing, shall be observed. (600." 4) In consideration of the fact that such gardens may be of an interim nature, may occupy only a portion of a parcel, and may be located on property unsuited for other uses permitted under this Ordinance, the Area Regulations specified for permitted uses under Section 30.25 of this Chapter shall be superseded by the following regulations for Community or Neighborhood gardens: Co a) Minimum Lot Size: none 00 C» b) Width in feet at street line: none required; how- ever, sites lacking street frontage shall be accessible to vehicles and pedestrians via a right - of -way of adequate width. c) Structures permitted: no structures for human habitation or occupancy shall be permitted except for a weather shelter. Light accessory structures for storage of gardening equipment and materials for plant propagation, and for the production of water for garden use may be erected with permission of the owner of the site. co", d) Parking and loading space: at least one off - street space on or immediately adjacent to the site shall be provided for the use of the gardens, for each fifteen (15) individual garden plots on the site, or portions thereof. e) Yard setbacks shall not be required, except that the provisions of Sections 30.34 B and C, and 30.42 of this Chapter shall apply to any plantings, fences or accessory structures on the site. SECTION 3. EFFECTIVE DATE This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in S 3.11(B) of the Ithaca City Charter. Tabling Resolution By Alderperson Holdsworth: Seconded by Alderperson Killeen RESOLVED, That the proposed changes to the Zoning Ordinance be tabled for additional work. Ayes (7) - Killeen, Haine, Dennis, Romanowski, Schlather co", Nay (2) - Hoffman, Peterson Absent (1) - Myers Holdsworth, Cummings, Carried BUDGET AND ADMINISTRATION COMMITTEE: D.P.W. Authorized Equipment List By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the 1985 Authorized Equipment List for the City Engineer be amended to include the purchase of 1 five- drawer plan file, at a cost not to exceed $450, and be it further 110 1 Mar(-h 6, 1985 RESOLVED, That: $450 be. transferred w, *01611 t fie Ci .f.y ];nf; i nee! account!, from A1440 - -445, T)- a;�el. and Mileat,(?, io, A:1440 -7.10; i?ff:ice L'�1u:i.pmenl., Carr:ed Unanimously Youth Bureau Personnel Roster By Alderperson Dennis: Seconded by Alderperson Schl %Jther RESOLVED, That. the 1985 Youth Bureau Personnel. Roster be amended, ass requested by the Youth Bureau Directorr, as follows: Add - 1 Administrative Assistant. 1.7 ]lours Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Addition of Position to Compensation Plan By Alderperson Dennis: Seconded y Alderperson Schlather RESOLVED, That the following position be added to the 1.985 C.S.E.A.- D.P.W. Unit Compensation Plan, as requested by the Personnel. Director.: Water /Waste Water Treatment Plant: Mechanic $S.74 Hr. - $6.71 Hr. Carried Unanimously Civil Service Agreement with School District By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an Agreement between the City of Ithaca and the Ithaca City School District for performance by the City of services in connection with Civil Service matters, for the period. July 1, 1985 to June 30, 1986 in an amount of $13,394.83 payable to- the City of Ithaca on or before November 1, 1985, Carried Unanimously i Recycling Education Coordinator Agreement By Alderperson Dennis: Seconde by Al erperson,11offman RESOLVED, That the Agreement with Lynn B. Leopold to continue the City -wide Recycling Education Program, as recommended by the Recycling Task Force, be extended to December 31, 1985. Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Dennis RESOLVED, That the Agreement with Lynn B. Leopold to continue the City -wide Recycling Education Program be extended to May 1, 1985. Alderperson Schlather commented that we have got to encourage people to continue with glass and hopefully move into areas of other materials as well. Therefore, during the two -month renewal period we should either get the glass issue straightened out, or renegotiate the terms of the contract so that perhaps we can get into other materials or change the figures in some fashion. A vote on the amendment resulted as follows: Ayes (8) - Peterson, Hoffman, Killeen, Dennis, Iloldsworth, Cummings, Romanowski, Schlather Nay (1) - Haine Absent (1) - Myers A vote on the main motion as amended resulted as follows: Carried Unanimously Ithaca Scrap Processor's Agreement By Alderperson Dennis: Secondee by Alderperson Schlather RESOLVED, That the Agreement with Ithaca Scrap Processors to continue the City -wide Recycling Collection Program, as recommended by the Recycling Task Force, be extended to May 1, 1985. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously (D M (T) CIA Cf'1 -13- March 6, 1.985 Audit By Alderperson Dennis:. Seconded by \.Jd(!rpe1 °son Killeen RESOLVED, That the bills audited and r,pprovcd by the Budges: and Administration Committee, in the togs] amount of $10,720.98, as listed on Audit Abstract #4/1985, be approved for payment. Carried Unanimously Local Advisor Board of Assessment. !%: view By Alderperson Dennis: Seconded d)' .-erperson Haine RESOLVED, That the Budget and Administration Committee recommends the reappointment of Jean Spitzer, 112 Orchard Place, as well as Morris Angell, 203 Ithaca Road, to the Local Advisory Board of Assessment Review for terms to expire December. 31, 1.985. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: Garage Sales - Amendment of 530.32 "Use Regulations" of Article III ill "Supplementary Regulations" of Ch. 30 "Zoning" of the City of It aca Municipal Code By Alderperson Schlather: Seconded by Alderperson Cummings ORDINANCE NO. 85 -3 AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. That Section 30.32 entitled "Use Regulations" of Article III entitled "Supplementary Regulations" of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code be, and it is hereby amended as follows: A. A new subdivision D is hereby added to said Section 30.32 to read as follows: "S 30.32(D) No household, garage, porch or yard items for sale may be stored in the open, or continually displayed, within any district where the same may be construed by proper authority to be a menace to the public health or safety, or may be held to have a detrimental influence upon adjacent properties, or upon the neighborhood at large." B. The existing subdivision D of Section 30.32 should be re- lettered: "E ". C. The existing subdivision E of Section 30.32 shall be re- lettered: "F ". "D. This prohibition should not be construed to ban household, garage, porch or yard sales themselves." SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of the notice as provided in Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Peterson, Hoffman, Killeen, Haine, Cummings, Schlather Nay (3) - Dennis, Holdsworth, Romanowski. Absent (1) - Myers Carried Proposed Amendment to Zoning Ordinance - Medical or Dental Offices Public Hearing By Alderperson Schlather: Seconded by Alderperson Killeen BE IT RESOLVED, That Ordinance No. 8S- , entitled "An Ordinance Am,cnding Section 30.2S 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 112 ..14- March. 6, 1985 RESOLVED, T)MI t.hc Common Council sh�l i 'I bold a public hearing in. the matter of the ad!�pt.ioa, ;.i' the aforesaid O)- 1.inance to be held. at the Council Chambers, City I1,_,11 at No. IO", Fist Green Street i_n the City of Ithaca, New York on Wednesday, the :ird of April 1985 at 7:30 o' cl ocl: p.m.; and be it further CODE. RESOLVED, the City Clerk give the publ:icatioa1 of a notice in the time when and the place where such in general terms describing the pr be published once at least fifteen and be it further not.:ic.e of such public hearing by of fic al. rneraspaper. , specifying the pctbl_ic },ea, °:ing will be hel.6.., olld oposed ordinance. Such notice shall days prior to the public hearing; RESOLVED, That the City Clerk shall transmit forthwith to the Board Board of Planning and Development and to the Tompkins County Planning a true and exact copy of the proposed zoning ordinance for its report thereon. ORDINANCE NO. 85- AN ORDINANCE AMENDING SECTION 30.25 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 Section 30.25 entitled "District Regulations Chart." That Section 30.25 be amended as follows: Col. 2: delete item 11 under R -3. Col. 4: delete item 7 under R -3. Col. 5: delete 'Medical or dental office' from item 3 under R -3. Col. 2: add 13. Medical or dental office (see Sec. 30.60)' under C• -SU. Col. 4: add 13. Medical or dental office: 1. space per 250 s.f. of floor space' under C -SU. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in S 3.11_(B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously HUMAN SERVICES COMMITTEE: Community Service Restitution Program Al erperson Hoffman reported that, the Human Services Committee is trying to work out an arrangement between the city and county at no cost to the city, but will cover its potential liability or workers compensation costs, so that it may take part in the program of placing offenders. The details may be worked out in time for the April Council. meeting. City /Southside Center Agreement Al erperson Hoffman reported that the committee which was set up to talk about updating the agreement between the city and Southside Center have had two meetings. They have discussed several options which would clarify the responsibilities for building maintenance and program funding. Those options are being considered by representatives of the Southside Center Board at this time. -15- March 6, 1.985 113 Youth Bureau Facility Design Alderperson Hoffman reported that the Youth Bureau is pretty welj moved out of the Tin Can in preparation for demolition. The archi- tects are reaching the end of the preliminary design phase for the new building and will soon have more precise cost estimates. It is very important that all council members become familiar with the design and updated cost estimates so council_ can make a final decision on how to proceed. The time table is to bring the matter back to council at its next meeting. The design drawings and three- dimensional model are available at the architect's office for inspection. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Conservation Advisory Council - Lamprici e in Cayuga Lake By Alderperson Peterson: Seconded by Al. erperson Sc lat er WHEREAS, the New York State Department of Environmental Conservation is holding hearings on the application of lampricide in Cayuga Lake, and WHEREAS, such application falls directly within City lines, and (_0 WHEREAS, the City of Ithaca has been invited to participate in the 0.1 hearings, and M WHEREAS, the Conservation Advisory Committee of Ithaca has reviewed 11-1 the issue, and M WHEREAS, the CAC has opposed such application at this time and has made the following recommendations: 1. The application of lampricides in Cayuga. Lake should be postponed until the Seneca Lake application results are fully obtained and _evaluated. 2. The effect of the lampricide on non - target species in the Class I (Wovwetland should be thoroughly studied. 3. TFM contaminated lake sediment is a concern for future dredging plans and its use as fill Stewart Park. 4. Protection of all users of the lake and the inlet during application may prove impossible. S. The application of TFM does not appear to benefit as large a segment of the population as it may put at risk; now, therefore, be it RESOLVED, That the City of Ithaca oppose the application of lampricides to Cayuga Lake and its tributaries at this time. Discussion followed on the floor. Mayor Gutenberger observed that over the last weeks and months a number of people have called his office and asked whether or not the city was going to have hearings on this whole question. His response has been that it was being discussed in the Conservation Advisory Committee and would be referred back to the Common Council. His concern is that if the council takes a stand tonight, either for or against this, the public hasn't been afforded enough time to come in to present their case to the council, either for or against. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the resolution, after the first four WHEREAS paragraphs, read as follows: "WHEREAS, the CAC has opposed such application at this time and has made the following recommendations among others: The application of lampricides in Cayuga Lake should be postponed until the Seneca Lake application results are fully obtained and evaluated. 114 -16. now, therefore, be. it Wirch G, ]_985 RESOLVED, That the City of Ithaca requests t:l)ot the ltpplica.tioit of lampric_ ides ii) Cayuga Lake be postponed until t.hc '- , -neca. Lake app] j.- cation results are fully obtained and evaluated. A vote on the amendment r.csult.cd as follows: Ayes (8) Peterson, 11of.I -maI1, Killeen, IN01 c, 14,1111is, Culnnling"', Romanowski, Schlather Abstention (1) - Holdsworth Absent (l.) - Myers Carried A vote on the main motion as amended resulted as follows: Ayes (8) - Peterson, Hoffman, Killeen, Maine, Dennis, Cummings, Romanowski, Schlather Abstention (1) - Holdsworth Absent (1) - Myers Carried ADJOURNMENT: On a motion the meeting adjourned at 11 :33 p.m. J ep A. Rundle, City Clerk ,-John -C. Guten erger, ayor r