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COMMON COUNCIL PROCEEDINGS 151
CITY OF ITHACA, NEW YORK
Regular Meeting 8:15 P,M. June 5, 1985
PRESENT:
Mayor - Gutenberger
Alderpersons (10) - Cummings, Dennis, Haine, Hoffman, Hol-dswort:h
Ki 7 ! e�1. I�l;rQr sc<<, Romano�,� ); i ; Schl ai:hc r
OTHERS PRESENT.
City Controller - Spano
Dep. Controller Caf.ferillo
Dir., Planning Development - Van Cort
Dep. Planning Dir.; Mazzarella
City Chamberlain. Wright.
Personnel Administrator Best -Shaw
City Attorney - Stumbar
Asst. Fire Chief - Olmstead
City Engineer - Novelli.
Acting Fire Chief - Reeves
Building Commissioner - Hoard
Fire Commissioners - Schmid, Teeter, Anderson.
Board of Public Works Commr. - Gerkin
T.C. Bd. of Representatives Rep. - Nichols
Developer. - Mac Travis
Planner - Jones
City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
May 1, 198S
Alderperson Peterson requested correction on page 9: Under Amending
Resolution, should read, "By Alderperson Haine," not Peterson.
Alderperson Schlather requested that a correction be made on page 11:
Under Audit the second line should read, "in the total reduced amount
of $8,525.70."
Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Minutes of the meeting of May 1, 1985 be approved
as corrected.
Carried Unanimously
May 22, 1985
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Minutes of the meeting of May 22, 1985 be approved
as published.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - Proposed Changes to the Zoning Ordinance Amending
Chapter 30, Sections 30.3, 30.25 and 30.20 of the City of Ithaca
Municipal Code
Resolution To Open Public Hearing
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the Public Hearing to consider proposed changes to
the Zoning Ordinance be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution To Close Public Hearing
By Alderperson Schlather: Seconded by A- Lderperson Hoffman
RESOLVED, That the Public Hearing co - ons-ica ^r
the Zoning Ordinance be closed.
Carried Unanimously
15 2 2- June 5, 1985
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Ci— Tarter and Ordinance Committee
Alderperson Peterson requeste withdrawal of Item A, Veterans Exemp-
tion (Alternative) from the agenda.
No Council. member objected-
Planning and Development comiieitt.ee:
Alderperson Cummings requested:
1) That Item A be changed from "Report
lution calling for rejection of bids
2) That Item B be changed from "Report
"Resolution to endorse bills before
No Council member objected.
and Possible Action" to "Reso-
on Collegetown Project."
and Possible Resolution" to
the State Senate and Assembly.'
Budget and Administration Committee
Alderperson Romanowski requstec�tlie addition of a resolution to accept:
the Board of Fire Commissioners' selection of a chief and the negoti-
ated salary
Alderpersons Holdswort:h and Dennis objected.
Alderperson Peterson requested discussion or a report of the item
under B &A Committee. Alderperson Dennis responded that the report: of
the Fire Commissioners was on all council members' desks.
Mayor Gutenberger explained the procedure that an addition of an item
to the agenda must be by a unanimous vote of the council.
Alderperson Killeen asked when an opportunity would be presented to
ask questions or discuss the item. Mayor Gutenberger responded that
there is opportunity under Petitions and Hearings of Persons Before
Council; Old. Business; Unfinished and Miscellaneous Business and in.
Committee Reports.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Selection of a Fire Chief
Karl F. Schmid, 101 Bran on Place, speaking as a Fire Commissioner,
presented the following memorandum:
"June 5, 1985
To: City Council
From: Fire Commissioners
Subj: Selection of a Fire Chief
On Wednesday, May 30, 1985, the Board of Fire Commissioners announced
their selection of Mr. John Bierling for the position of Fire Chief
to the Budget and Administration Committee and the Commission further
asked that Mr. Bierling be awarded a salary of $36,774.00. In execu-
tive session with the B$A Committee the Fire Commissioners agreed to
amend this amount down to $35,360.00. Mr. Bierling had been chosen
as the best qualified of the three candidates presented to the Fire
Commission by the Civil Service Commission.
The B &A Committee chose not to approve our request. The vote by the
Committee had little to do with finances, it was a vote against our
selection of Mr. Bierling over Mr. Olmstead, the in -house candidate.
We believe that the B$A Committee's action was an abuse of the
responsibilities assigned to it; the Committee substituted the word
power for the word responsibility and bulldozed the Fire Commission.
The B&A Committee's action strikes at the heart of the American way
of doing things. We don't believe you or the citizens of Ithaca
should tolerate such action.
The BSA Committee voted against a person whom, except for one person
on the Committee, members had not met. When asked by us if they would
like to meet Mr. Bierling, MA Committee members said no. The
committee's action has caused a grevious injustice to Mr. Bierling and
to the citizens of the City of Ithaca. The BSA Committee has acted in
-3-
June 5, 1985153
a manner which is counter to the Civil Service laws, laws which
were written for the prime purpose of preventing such abuses. The
B&A Committee has also most certainly violated the intent if not the
letter of the City Charter. Quite simply, members of the Committee
preselected a candidate.
So what is going to happen: Obviously the B &A Committee intends to
wait unf:il �.e: Y'.;;;; i- lit, _ „i s7 r, r, i1.il.l he asked tco
refer three candidates to the iylayoz .til order o£ priority. The Mayor,
who will no longer be obligated to accept our recommendation and who
we assume wants to hire a new Fire Chief who B&A wi_l.l approve, will.
refer Mr. Olmstead to you and the preselection process as implemented
by the B &A Committee will have been completed. I£ the,pr.edicted
events follow the general scenario we are predicting we, the Board of
Fire Commissioners, ask one thing only. Before you. vote t:o approve a
Fire Chief invite the two top candidates and meet with them and form
your own opinion of the two men. If you as a Council. ar.e going to
assume responsibility for selection, do the job as best you can and
give each candidate the opportunity to prove why he believes lie is the
best person for the position. We believe that if you fulfi.11 our
request you as a group will reach the same conclusion we reached."
Cable Television Contract
David Lytel, 102 First Streets requested the Council_ to direct Planning
(41 and Development Department to spend some time with Chairman Fletcher of
the Cable Commission to begin the process of reviewing the t:elevi.si.on
contract.
Sidewalks
Richard Booth, 110 Delaware Avenue spoke about the sidewalks on Dela-
ware Avenue which, according to him, are being ripped up for no
apparent reason and without notice to the residents in the area.
Collegetown Project
Richard Booth, 110 Delaware Avenue, asked the Council to tale a
comprehensive look at what is happening in Collegetown, not a quilt -
like development pattern which is occurring there. He urged the
Council to consider a moratorium on building permits in the College -
town area until the City figures out what that part of the city is
supposed to look like.
Mayor Gutenberger asked City Engineer Novelli to check on the situa-
tion on Delaware Avenue.
Planning Director Van Cort commented that at the city's request the
squares of sidewalk which are designated as damaged are being re-
placed by the city contractor.
Collegetown
James Dunn, 315 Elmwood Avenue, spoke to the council about the parking
and traffic problems in the Collegetown areas as development increases.
REPORT OF BOARD OF REPRESENTATIVES:
Rep. Nichols reported on the following items:
Tompkins County Youth Board
Mrs. Nichols reported fiat the previous Monday night the Tompkins
County Youth Board voted unanimously to support a request that the
additional cost of the city summer jobs be provided from excess funds
not used by several other communities in the county and this will go
to the Budget & Administration Committee, but it looks as though that
will be a very favorable development and will be a saving for the city
so, by doing the right thing the city will also now be incurring extra
expense on behalf of its taxpayers.
Telephone System Toll Free Emergency Number
Mrs. Nichols reported that there had been a meeting the previous t,ceK
on expanded 911 telephone system changes being proposed. A task force
is being set up to expand the use of toll free emergency number. The
proposal for this project is extremely expensive. Mrs. Nichols hoped
1 511 -4- June 5, 1985
that there is a good deal of public discussion before the county
seriously undertakes this program because it will be very costly.
She said the suggestion is made that the telephone company should
collect. the extra fee by raising everybody's rate $1.00 per month;
however, the result is the same.
Budget
PF . N�.c�3 F1 s f 2 crte ti. .1-1 a t. i.hr c:.0 <<]) t y s begi.nn:ing work on. I 'E '�udget ,
Different groups are beginning to work on their budgets; along with
this come bits of information. They are now beginning to have a much
clearer idea of the day care situation in the city and the needs for
day care in i:lie county. The city has taken a real leadership role aT
it looks as though things will be advancing in this area.
New Jail
Mrs. Nichols reported that the county has preliminary jail plans now- -
the external. concept, the main proposal for the interior in the sense
of the design of a wing that will. be controlled from a master switch-
board (maximum security) and a wing that: will. be controlled by attend-
ants. It is designed so that the entire facility will be visible from
the master switchboard and the women's area will have privacy by having
shutters that will close the glass openings on the doors. The areas
will be designed in clusters with a clay room for recreation and contact
visiting and will. open onto an outdoor recreation area. There still is
opportunity for suggestions and comments if people want to make them.
Alderperson Cummings asked if there is a time frame on the possible
move of the DSS. Mrs. Nichols responded that no decision has been made
to move as of now, nor of any budget for this. There is a desire on the
part of the management of the Dept. of Social Service to improve their
living conditions.
In response to the question of whether the position of county admini-
strator has been filled, Mrs. Nichols reported that Scott Hymen is
serving as acting county administrator on an interim basis. More the
80 serious applications have been received and she thinks they may
fill the position by the end of the year.
Alderman Schlather asked if the GIAC and SS leases for EOC have been
paid and was informed that they have been paid.
COMMUNICATIONS FROM THE MAYOR:
NYS Conference of Mayors
Mayor Gutenberger reported on the attendance of Ithaca representatives
at the NYS Conference of Mayors earlier in the week, and said he hoped
to issue a report the following day. He chaired a Tuesday p.m. meeting
of the New York State College and Community Association which has now
become a permanent statewide association of which he was named chairman,
Mayor Bud Quinlan of Cortland, secretary and Tom Nyquist, Dep. Mayor
of New Paltz, vice chairman.
MAYOR'S APPOINTMENTS:
Fire Commissioner
Mayor Gutenberger requested approval of the reappointment of Karl
Schmid, 101 Brandon Place, for a three year term as fire commissioner:
(July 1, 1985 through June 30, 1988). Mr. Schmid has been filling out
the unexpired term of Richard Slade, who resigned.
Resolution
By Alderperson Killeen: Seconded by Alderperson Haine
RESOLVED, That this Council approves the reappointment of Karl Schmid
as fire commissioner for a term to expire June 30, 1988.
Carried Unanimously
CITY CLERK'S REPORT:
Des�C7rao Of Polling Places for 1985
by Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the following be and are hereby designated as polling
places in the City of Ithaca, New York, for the year 1985, pending
approval from the various locations.
Atty. Stumbar answered questions as to when to expect a final decision
on the case, and the current status of the Ag Quad designation.
Alderperson Schlather asked Atty. Stumbar to review the draft of
Charter and Code Changes regarding the appointment process which the
Charter & Ordinance Committee is currently working on.
BUDGET AND ADMINISTRATION COMMITTEE:
Family and Children Services Contract
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the Agreement between the City of Ithaca and Family
and Children's Service of Ithaca be renewed for the period July 1,
1985 through December 31, 1986, at a cost not to exceed $8,553.00,
as recommended by the Personnel Administrator, and be it further
RESOLVED, That the Mayor and City Clerk be authorized to sign the
Agreement subject to the approval of the City Attorney as to form
and content.
Carried Unanimously
Wastewater Treatment Plant Interest Earnings
By Alderperson Dennis: Seconded y Alderperson Schlather
RESOLVED, That the authorization for the Phase 2 Planning and Design
of the Ithaca Area Wastewater Treatment Plant be increased by $7,426.90,
which amount represents the interest costs of temporary financing, and
be it further
RESOLVED, That $7,426.90 of interest earnings on the investment of
the project balance for Phase 2 Design be allocated to the payment
of such interest due on temporary financing.
Carried Unanimously
-5-
June 5, 1.985 155
FIRST WARD 1st
District
Chestnut Street
Alternative Community
School., former. West
Hi_l.l. School.
2nd
District
800 S. Pl.ain. Street
Titus Towers Housing
3rd
District
626 W. State Street
#6 Fire Station
4th
District
300 W. Court Street
G.I.A X . Bui.l.ding
5tb
D.15tr. icf.
f'} : ;;iui: Street
Ali:ernativc. Communit y
School, fo;'iiic r wlctii.
Hi.l.l. School-
SECOND WARD 1st
District
300 W. Court Street:
G.I.A.C. Building
2nd
District
310 W. Green Street
Central. Fire Station.
3rd
District
520 Hudson Street
South Hill. School
4th
District
310 W. Green Street
Central. Fire Station
5th
District
300 W. Court Street
G . I .A . C. Bu il.di.ng
THIRD WARD 1st
District.
309 College Avenue
119 Fire Si :ati.on
2nd
District
Cornell. Street:
Bel_l.e Sherman Annex
3rd
District
Cornel.l. Street:
Bel.l.e Sherman Annex
FOURTH WARD 1st
District
635 Stewart Avenue
Noyes Center
2nd
District
402 E. State Street:
Challenge Industries
t ; . 3rd
District
309 College Avenue
#9 Fire Stab. oil
FIFTH WARD 1st
District
1012 N. T.i_oga. Street:
#7 Fire Station
2nd
District
Corner King $ Aurora.
`
Streets
Fa.l.l. Creek School,
3rd
District
309 Highl.an.d. Road
First Congregational Ch.
4th
District
Corner King & Aurora
Streets
Fall. Creek School.
Carried Unanimously
CITY ATTORNEY'S REPORT:
Cornell Heights Case
City Attorney Stum ar reported
that Cornell University has fil-ed a.
notice of intent
to appeal
the ruling concerning
the Cornell. Heights
decision by the Appellate
Division
which sent it
back essentially to
the Board of Zoning
Appeals
on the issue of a special permit. He
thinks it will be
dismissed
before it is heard because they don't have
jurisdiction, nor
was it the
final word.
Atty. Stumbar answered questions as to when to expect a final decision
on the case, and the current status of the Ag Quad designation.
Alderperson Schlather asked Atty. Stumbar to review the draft of
Charter and Code Changes regarding the appointment process which the
Charter & Ordinance Committee is currently working on.
BUDGET AND ADMINISTRATION COMMITTEE:
Family and Children Services Contract
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the Agreement between the City of Ithaca and Family
and Children's Service of Ithaca be renewed for the period July 1,
1985 through December 31, 1986, at a cost not to exceed $8,553.00,
as recommended by the Personnel Administrator, and be it further
RESOLVED, That the Mayor and City Clerk be authorized to sign the
Agreement subject to the approval of the City Attorney as to form
and content.
Carried Unanimously
Wastewater Treatment Plant Interest Earnings
By Alderperson Dennis: Seconded y Alderperson Schlather
RESOLVED, That the authorization for the Phase 2 Planning and Design
of the Ithaca Area Wastewater Treatment Plant be increased by $7,426.90,
which amount represents the interest costs of temporary financing, and
be it further
RESOLVED, That $7,426.90 of interest earnings on the investment of
the project balance for Phase 2 Design be allocated to the payment
of such interest due on temporary financing.
Carried Unanimously
56
M
June 5, 1985
Federal Section 18 Operating Subsidy
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, the City of Ithaca has submitted a request for a grant of-
funds to the New York State Department of Transportation and the
United States Department of Transportation, pursuant to Section 18 of
the Urban Mass Transportation Act of 1964, as amended, for a project
providing bus transportation services within. the City of Ithaca for
fixed ?; u ►.ite, s,hetlul.ed and open during the ]) ("r od January .1 , 1984 to
December 31, :984 (PIN 3794,09 406), and January 1, 1985 to December.
31, 1985 (PIN 3794.10.406), and
WHEREAS, the City's Application. for Section 18 Transportation Opera-
ting Assistance has been approved by the Federal Highway Administra-
tion; now, therefore, be it
RESOLVED, I`hat Mayor. John C. Gutenberger be authorized to sign the
Agreement between the City of Ithaca and State of New York for the
above named project, which is attached hereto and made a part of this
resolution, and be it further
RESOLVED, That Mayor John. C. Gutenberger is authorized to act on
behalf of the City of Ithaca to proceed and complete the above n.a.med.
project.
Carried Unanimously
Youth Bureau Salary Adjustments
By Alderperson Dennis: Seconded by Alderperson Myers
RESOLVED, That the .1.985 salary of the following employees be est=ab-
lished, effective June 10, 1985, as follows:
Michael Cerza. $12,704
Carol Wilson 15,563
Charles Manning 18$686
Carried Unanimously
Architectural Services Agreement
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, Common Council has established a capital project for the
construction of a new Youth Bureau facility, and
WHEREAS, William Downing Associates has been retained to provide
architectural services for the project, at a basic service fixed
fee of $58,000.00; now, therefore, be it
RESOLVED, That the Mayor be authorized to sign an Agreement for
architectural services on behalf of the City, subject to approval
of the City Attorney as to form and content.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Summer Youth Work Program Agreement
By Alderperson Dennis: Seconded by Alderperson Haine
WHEREAS, the Tompkins County Board of Representatives adopted a
resolution appropriating $25,000.00 for a Summer Youth Work Program
to be made available to municipalities of this County on a matching
fund basis, and
I rn
I F_�
WHEREAS, the Executive Committee of the City's Youth Bureau Board
has unanimously recommended that the City participate in this Progran
and
WHEREAS, the City's matching share of $8,230.00 has already been pro-
vided in the 1985 Youth Bureau's Budget; now, therefore, be it
RESOLVED, That the Mayor be, and is hereby authorized and directed to
execute the Agreement with Tompkins County.
Carried Unanimously
-7- June 5, 1985 151
Summer Youth Work Program Additional Funding
By AI erperson Dennis: Seconded y Alder . person Haine
WHEREAS, the United States Supreme Court has ruled that municipalities
are not exempt from the Minimum Wage Law, as stated in the Fair Labor
Standards Act, and
WHEREAS, this ruling will result locally in an increase in pay for
Munic:4p.:.; i( li t ) %Yr1'ili I, 1 ''1: tc. 9. -,) r1, i "i �illl d�2,00 a. ii loll]' to 4�`s. arl
hour, which would mean a reduction j,) i_hE number. of jobs 1-.hat. could
be offered from 80 to 55, and
WHEREAS, the Ithaca Youth Bureau Advisory Board has requested that
(4wool Common Council add an additional $7, 537. SO to the 1.985 Youth Bureau
Budget in order to bring the total number of jobs that can be offered
back to the 80 level; now, therefore, be it
RESOLVED, That this Common Council approves a transfer' of $3,768.75
from Account A1.990, Contingency, to the Youth Bureau Account: A7110 -43S --
Contractual Services, and be it further
RESOLVED, That the City Controller be authorized to transfer an addi-
��� tional $3,768.75 from Account A1990, Contingency, to the Youth Bureau
ilk Account A7110 -435, Contractual Services, if a.1-1d when Tompkins County
approves a matching amount for reimbursement to the City.
fl
Discussion followed on the floor.
"] A vote on the resolution resulted as follows:
Ayes (9) - Cummings, Dennis, Haine, Hoffman, Killeen, Myers,
Peterson, Romanowski, Schlather.
Nay (1) - Holdsworth
Carried
Early Retirement Incentive Program
By Alderperson Dennis: Seconded by Alderperson Killeen.
RESOLVED, That the City of Ithaca offers an Early Retirement Incentive
Program for a 120 -day period, commencing June 5, 1985, to all
employees age 5S or older, with 10 or more years coverage under the
New York State Employee Retirement System, excluding those employees
that are covered under the New York State Policemen's and Firefighter's
Retirement System, as follows:
Upon termination of employment, the qualified employee
shall receive from the City a lump sum of money equal
to 200 of the employee's 1985 base salary or $5,000,
whichever is less.
and be it further
RESOLVED, That the Personnel Administrator be, and is hereby directed
to disseminate this information to all affected City employees.
Discussion followed on the floor.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Holdsworth
RESOLVED, That the incentive offered be 200 of the employee's 1985
base salary or $4,000, whichever is less.
A vote on the amendment resulted as follows:
Ayes (2) - Hoffman, Schlather
Nays (8) - Peterson, Killeen, Maine, Dennis, Holdsworth,
Cummings, Myers, Romanowski
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (9) - Peterson, Hoffman, Killeen, Haine, Cummings, Dennis,
Myers, Romanowski, Holdsworth
Nay (1) - Schlather
Carried
158 -8- June S, 1985
Audit
econded by Alderperson Cummings
By Alderperson Dennis: S
RESOLVED, That the bills audited and approved Uy the Budget and
Administration Committee, in the total amount of $]_4,154.45, as
listed on Audit. Abstract #10/1 -985, be approved for payment.
Amendil..g Resolution
By Alc {erpe ?son �;cT;�.ria.hr:t
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the reduced amount of $1.3,920.69, be
approved for payment.
The motion failed for lack of a second.
A vote on the main motion resulted as follows:
Ayes (9) Peterson, Hoffman, Killeen, Haine, Dennis, Holdsworth,
Cummings, Myers, Romanowski
Na.y (1_) Sch.lather
Carried
Recess
Common Council. recessed at 9:50 P.M. and reconvened i.n. Regular session.
at 10:OS p.m,
HUMAN SERVICES COMMITTEE:
Fire CFiief Position
Alderperson Hoffman. requested discussion on the fire chief position.
and Alderpersons Dennis and Schlather responded to questions concern-
ing the selection process and the MA Committee action.
Incentives for Volunteer Fire Fighters
Al erperson Hoffman reported that there was a very good turnout of
volunteer firemen at the committee meeting at which ideas for im-
proving morale were solicited. A three - person subcommittee was
created to meet with the volunteers and to cooperate with the Fire
Services Master Plan Committee. He hopes, within a couple of months,
to have some proposals to bring to the Council.
Sanctuary for Central American Refugees
Alderperson Hoffman reported t at a good crowd attended this portion
of the meeting. The committee heard both sides and invited a repre-
sentative from the federal Immigration and Naturalization Service
who gave a presentation on establishment of quotas and why they don't
want to make exceptions for Central American refugees. Supporters of
the movement had prepared a complicated resolution which Bill Myers
and the group are working to modify and which will be taken up later
this month.
CHARTER AND ORDINANCE COMMITTEE:
Communit Gardens- -Intro ucing Modified Amendments and Providing for
Public Notice and public Hearing
By Alderperson Sc lather: Seconded by Alderperson Cummings
RESOLVED, That Ordinance No. 8S- , entitled "An Ordinance To Amend
Section 30.3, Definitions; Section 30.25, District Regulations Chart;_
and Subdivision C of Section 30.26, Standards for Special Conditions
and Special Permits," as modified through the Charter. & Ordinance
b f the Common Council
Committee, be, and it hereby is, introduced e oie
of the City of Ithaca, N.Y., and be it further 1j
RESOLVED, That the Common Council shall hold a public hearing on tl.e
matter of adoption of the aforesaid modified Community Gardens amend-
ments, to be held at Common Council Chambers, City Hall, No. 108 East
Green Street, in the City of Ithaca, N.Y., on Wednesday, the tenth day
of July, 1985 at 8:15 o'clock p.m., and be it further
RESOLVED, That the City Clerk give notice of such public hearing
publication of a notice in the official newspaper, specifying the
when and the place where such public hearing will be held, and in
general terms describing the modified Community Gardens proposal.
notice shall be published once at least fifteen days prior to the
}searing, and be it further
by the
time
Such
public
M
June 5, 1985 15,)
RESOLVED, That the City Clerk shall transmit forthwith to the Board
of Planning and Development and to the Tompkins County Planning Board
a true and exact copy of the modified proposed zoning ordinance. for
its report thereon.
NOTE: Brackets indicate deletions;
Underscore indicates new language.
ORDINANCE i!U . 6S-
AN ORDINANCE TO AMEND SECTION 30.3, DEFINITIONS; SECTION 30.2.5,
DISTRICT REGULATIONS CHART; AND SUBDIVISION C OF SECTION 30.26,
STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMIT, 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, N.Y., as follows:
SECTION 1. AMENDING S 30.3
That 9 30.3 is hereby amended by adding thereto the following
i r
definition:
. i "100. "Community or Neighborhood Garden` shall mean an area used
r by several individuals or families, operating in associai:i.o�i i,�i i:h
E each other or under sponsorship by a non - profit or voluntary argani__
zation, 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 g 30.25
That S 30
Add to Col.
Revise item
(40011, Revise item
under R -1."
Revise item
R -1."
.2S is hereby amended as follows:
2 under R -1: "10. Community or Neighborhood Garden."
5, Col. 2, under R -2, to read: "5. Uses 7 -1.0 under R -1."
13, Col. 2 under R -3 to read: "13. Uses 7, 8 and 10
10, Col. 2, under R -U to read: "10. Uses 7 -1.0 under
SECTION 3. AMENDING SUBDIVISION C OF g 30.26
That Subdivision C of g 30.26 is hereby amended by adding thereto
the following:
C.I. Add: m. Community or neighborhood gardens in all districts.
4. Add: Community or neighborhood gardens, in all districts.
a. Applicants shall provide evidence of approval for
such use from the owner of the property on which
the gardens are to be located.
b. 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 inter-
fere with the use and enjoyment of neighboring
private or public property. Such evidence shall
designate at least one responsible adult, who shall
be a participant in the gardening, a representative
of the sponsoring organization, or the owner of the
subject property, to administer or coordinate the
operation and to act as contact person therefor.
Applications shall be submitted in writing to the
Building Commissioner, and shall include the name,
address, and phone number(s) of the contact person;
a description of the refuse disposal procedure to be
followed, and of the [intended use of chemical ferti-
lizers, pesticides, etc., and a site plan] intended
use of organic materials, chemical fertilizers,
herbicides and pesticides; and a site plan at a
160 -10- June S, 1085
scale not less than 1" = 10'1 showing the proposed
locations of all features of the site, including
access point (s) and any of the required parking
spaces that may be located on adjacent property.
c. Applicants, or the administrator /coordinator of
the garden area, shall insure that the gardening
:activ; ty (:t1. indi_v i dua.l plot- is confined
7 a.m. -10 p.m., except that power machinery shall
not be operated before 8 a.m. or after 8 p.m.; that
all organic refuse and trash from the gardening
operations is promptly and properly disposed of on
at lease a weekly basis, and that pending dispositio
it is stored neatly in such a way that it does not
produce offensive odors or attract dogs, raccoons or
[other vermin] raccoons or vermin; that power or
motorized machinery used in preparing and maintaining
individual plots is no larger than that normally
used in connection with home gardening, e.g., a
typical walk - behind rototilier; that farm tractors
or other heavy machinery are not employed on the site
except for initial site development and for annual
spring preparation and fall cleanup, if necessary,
and in those instances shall be operated only between
8 a.m. and 6 p.m. weekdays; that mulch, compost or
organic fertilizer employed in the gardening is con-
fined to the site in a neat and orderly manner, and
that rio fresh manure shall be used or composted; that
noxious fertilizers [or chemicals] or noxious chemicals
employed in the gardening are used only w— i —tF-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 produced in
connection with the gardening activity will be no
greater than those normally associated with home garu-ji-
ing; [that residents] that city residents of the area
nearest the site will be given opportunity to [obtain
a plot in the annual allocation of plots, that unused
portions] obtain plots in the allocation of lots on
a first riorit basis; that other city residents
will e given opportunity to obtain plots in the allo-
cation of plots on a second riority basis; that
unused
portions of the site will e maintaine in a neat and
orderly manner at all times; and that at the end of
each gardening season or within 30 days of revocation
[of permit, the entire] of ermit, whichever occurs
first, the entire site will e cleaned and left with
a neat appearance. In-aaJitien3- the- applieable-
pertiexs-e€-{SeEt3ens-39..32A- and- �- €ellewing;- shall}
be- ebserved. In addition, the applicable portions
of g 30.32(A) and (C) shall be observed.
d. 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] the District Regulations speci-
fied for permitted uses us er S2 30.25 of this Chapte
shall be [superseded by the following] superseded
where applicable by the following regulations for
Community or Neighborhood gardens:
(1) Minimum Lot Size: none
(2) Width in feet at street line: none required;
however, sites lacking street frontage shall be
accessible to vehicles and pedestrians via a
right -of- -way of at least 8' in width.
g. Special permits for neighborhood and community gardens
shall be reviewed by the Building Commissioner at
least annually for compliance with this Section and
with any conditions established by the Board. If,
following such review, or investigation of any complaint-`
the Building Commissioner determines that substantial
violation exists, notice of such violation shall be
mailed to 'the contact person designated in accordance
with item 4.b, above, requiring that such violation
be corrected within fifteen (1S) days. If satis-
factory correction is not made, the permit may be
revoked by the Building Commissioner. Appeals to such
revocation shall be made to the Board as provided in
S 30.58 of this Chapter..
h. Special permits for neighborhood and communi_t gardens
(40001- shall be revoke automaticall if t e site is not
used as a "community or neighborhood gar en," as
t at term is defined in S 30.3('100), or one com lete
garden season.
SECTION 4. 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.
June 5, 1985 ] C)l
(3) Structures permitted: no structures for human
habitation or occupancy shall be permitted except
for a weather shelter for gardeners, which may
have a maximum floor area of 64 sq. ft. A light
accessory structure for storage of gardening
equipment and materials for plant propogation,
with a maximum floor area of 64 sq . ft, , may be
Yf; : ".nd Q 1.1 1., (.I jy or ai.i.aC.l' =r
shelter. If z«.cessa.r.y, a well housing structure
for the production of water for garden. use may be
erected with permission of the owner of the site.
(4) 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 garden-
ers, for each fifteen (7_S) individual garden plots
on the site, or portion thereof.
(5) Yard setbacks sha.11 not be required., except that
the provision of 9 30.34B and C, and g 30.42 of
this Chapter shall apply to any plantings,
tsi
fences or accessory structures on the site.
e: Before hearing the application, the Board must have
written response on�_ the proposal from a majority of
_
those notified y the applicant as required in the
procedures set forth in 9 30.58. This response,
together with any other wri-tten comment: received by
the Board before the hearing, as well as [that ex-
pressed] that comment expressed at the public hearing,
with primary consideration given the wishes of resi-
dents living within 200 feet of the property, should
be a principal factor in the Board's decision [to
grant the special permit.] to grant or deny the
special permit.
f. In granting a special permit for community or neighbor-
hood gardens, the Board may
prescribe any conditions
that it deems necessary or [desirable so that the]
desirable, including but not limited to additional
off street parking spaces, so that the sp_ir_i_t__o_T this
Chapter shall be observed, public safety and welfare
secured, and substantial justice done.
g. Special permits for neighborhood and community gardens
shall be reviewed by the Building Commissioner at
least annually for compliance with this Section and
with any conditions established by the Board. If,
following such review, or investigation of any complaint-`
the Building Commissioner determines that substantial
violation exists, notice of such violation shall be
mailed to 'the contact person designated in accordance
with item 4.b, above, requiring that such violation
be corrected within fifteen (1S) days. If satis-
factory correction is not made, the permit may be
revoked by the Building Commissioner. Appeals to such
revocation shall be made to the Board as provided in
S 30.58 of this Chapter..
h. Special permits for neighborhood and communi_t gardens
(40001- shall be revoke automaticall if t e site is not
used as a "community or neighborhood gar en," as
t at term is defined in S 30.3('100), or one com lete
garden season.
SECTION 4. 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.
1. 62 _ 12_ June 5, 1985
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Myers
RESOLVED, That S 3.C. 4 °e° on page 4 be amended by deleting the
language which is underscored.
Discussion followed on the floor.
A vote .01 filez1dnierl;
Ayes (2) - Cummings, Myers
Nays (7) -- Peterson, Hoffman, Killeen,
Romanowski, Schlather
Abstention. (1) - Haine
Dennis, Holdswor.th,
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (9) Peterson, Hoffman, Killeen, Dennis, Cummings, Myers,
Romanowski, Schlatlier, Haine
Nay (1) 6 Holdsworth Carried
Ado tion of New Ward Map and Election Districts
By Al erperson ScAilat�er: Secon ec Ty Alderperson Peterson
WHEREAS, the Tompkins County Board of Elections has requested, pursuant
to state law, the revision of election district boundaries within the
five wards of the City of Ithaca so as to comply with the requirements
of the New York State Election Lat.; and
WHEREAS, as a result thereof, such
the newly proposed ward. map of the
therefore, be it
redistricting has been set forth in
City of Tthaca dated May 1985; .
RESOLVED, That this Common Council do herewith adopt as its new ward
map and. election districts therein the map dated May 1985 as proposed
by the Charter and Ordinance Committee in consultation with the
Planning Department and the Board of Elections; and it is further
RESOLVED, That the Tompkins County Board of Elections be, and it is,
hereby urged to accept the map and election districts specified therein
as the official map and election districts for thedCity of IthaC1
Charter and Code Commission Recommendations
Alderperson Schlather reported that t e C arter F, Ordinance Committee
will continue discussion on the recommendations at its June 13, 1985
meeting at 8:00 P.M. Comprehensive
and circulated among comm
PLANNING AND DEVELOPMENT COMMITTEE:
Collegetown Redevelopment Project
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the City of Ithaca has established
improvements andjacpark for
inhe
construction of a parking garage,
Collegetown; and
WHEREAS, the total budget established for the Collegetown Redevelop-
ment Project is $2 °5 million; and
WHEREAS, the City of Ithaca has received bids for thetconstru construction of
the parking garage and portions of the park and
and
WHEREAS, all of the bids received exceed the budgets for the construc-
tion of these projects; now, therefore, be it
RESOLVED, That Common Council hereby
ie Collegetown that
Redevelopment Project
Public Works reject all bids for
and notify all bidders of this action.
Dep. Planning Director Massarella gave a report of the status of the
project, the impact the resolution might have on the application to
HUD, and on Bond Counsel and outlined some of the alternatives that
may be pursued.
-13-
June 5, 1985163
Alderperson Cummings commented that additional. information will be
available at the Planning & Development Committee meeting on Wednesday,
June 12, 1985.
Alderperson Holdsworth asked City Attorney Stu mbar if the city is
contractually bound to continue this project. Mr. Stumbar responded
that he is preparing a report on this,
After further discussion, a vote on the resolution resul.t:ed as follows:
Carried Unanimously
Alienation of City -owned Lands
(400,e By Alderperson Cummings: Seconded by Alderperson Hai.ne
WHEREAS., Common Council has authorized and approved the preparation
and submission of a proposal to discontinue from park use certain
lands known as Southwest Park and Cayuga. Inlet Island, and
WHEREAS, the conversion of these underuti7_i.zed lands to more appropri-
ate uses may expand opportunities for a strengthened local. economic
base, and
l! + WHEREAS, the City has identified and plans to acquir(-_ Substitute ).an.d.s
for the lands to be converted which have the potenti.a.1 to provide
significant community recreational utility, and
I I WHEREAS, the proposed conversion is believed. to be in the best: interest
-I of the locality, and
WHEREAS, Common Council has reviewed and concurs with State Assembly
Bill "A6772" and State Senate Bill "S6362 ", which authorize imple-
mentation of the aforementioned proposal.; now, therefore, be it
RESOLVED, That Common Council does hereby affirm its approval. and
support for Bills "A6772" and S6362 ", and be it further
RESOLVED, That Common Council does request passage of said Bills by
the New York State Legislature, and be it further
RESOLVED, That the Mayor and City Clerk are authorized to forward
the necessary Home Rule message to the State.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Killeen, Haine, Dennis, Holdsworth, Cummings,
Romanowski, Schlather
Nays (3) -- Peterson, Hoffman, Myers
Carried
Television Cable Franchise
Council discussed the possibility of the Planning Department staff
getting involved in reviewing the Television Franchise with American
Television and Communications Corporation. Director of Planning &
Development Van Cort commented that at the present time he does not _
have hnyone available to put on this project. If Council wishes to
make this a priority and drop something else from the Work Program,
Ile would be glad to assign someone to this project.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
(600'�' Human Services Coalition
Alderperson Peterson reported that there are four vacancies on the
Human Services Coalition and would welcome recommendations from the
Council to help fill the vacancies.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Letter from Bill Myers
Alderperson Schlather requested that the letter from Bill Myers
regarding traffic problems in his neighborhood be referred to the
Board of Public Works with request for report back in time for the
August 1985 Council. Meeting. IIe was informed that the letter has
been referred to the BPIV.
161
-14-
June 5, 1 -985
Opp�en Meeting Law
Alderperson Sc lather asked .City Atty. Stumbar if the City can over-
ride the legislation curtailing open meetings law by creating more
stringent requirements Mr. Stumbar responded that he will check it
out and refer his recommendation to Charter & Ordinance Committee.
Signage at Font of S. C�ayuga St. Hill
Alderpc.rsozA Cumri; ngs asTce gat a sigil t)e p1 oc ed al E.iie i uc,i. Of
South Cayuga Street Hill to prevent
mattertrucks
wasfrom
regoing
exredupto and
tlegetting
stuck at the top of the hill.
of Public Works.
Ap ointment of Committee
Mayor Guten erger appointed Bill Myers, Carolyn
Killeen to serve as Council representatives to
and Facilities Committee of the Board of Public
Alternate Side Parking.
ADJOURNMENT,
On a motion the meeting adjourned at. )1:38 p,m�
(!V,7
J se h, A. Rundle, ulty Cler
Peterson and Sean
work with the Streets
Works on the study of
I rn