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
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(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