HomeMy WebLinkAboutMN-CC-1987-02-04123
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. February 4, 1987
PRESENT:
Mayor - Gutenberger
Councilpersons (10) - Booth, Cummings, Dennis, Haine, Hoffman,
Killeen, Lytel, Peterson, Romanowski,
Schlather
OTHERS PRESENT:
City Attorney - Nash
City Controller - Spano
Deputy Controller - Cafferi.11o
City Clerk - Paolangeli
Dir., Planning & Development - Van Cort
Deputy Dir., Planning Development - Mazzarella
Fire Chief - Olmstead
Supt. of Public Works - Dougherty
Building Commissioner - Hoard
Personnel Administrator - Baker
BPW Commissioners - Nichols, Gerkin
Planner - Jones
LD Police Chief - Herson
M PLEDGE OF ALLEGIANCE:
Q Mayor Gutenberger led all present in the Pledge of Allegiance
to the American flag.
MOMENT OF SILENCE:
Mayor Gutenberger requested the Council to remain standing
to observe a Moment of Silence in memory of former Mayor
Jack Kiely.
IF Resolution
k4wo", Mayor Gutenberger read the following resolution which was
Moved by Alderperson Booth: Seconded by Alderperson Haine:
WHEREAS, the death of Jack Kiely on February'l, 1987 has
brought a sense of loss to those who have been associated
with him over the course of his many years in public service,
and
WHEREAS, Jack served as Mayor of the City of Ithaca, in 1968
and 1969 representing the citizens of Ithaca, and
WHEREAS, Jack also served as Chairman of the Ithaca Housing
Authority, Chairman of the Board of Police Commissioners,
Chairman of the Ithaca Urban Renewal Agency and was active
in many civic and fraternal. organizations, and
WHEREAS, Jack exhibited an intense love and devotion to his
family, his country and his community; now, therefore, be
it
RESOLVED, That for his contribution to this community which
earned him its respect and deep appreciation, this Common
Council wishes to convey its deepest sympathy to his wife,
Irene, his children and other members of his family; and
be it further
RESOLVED, That this resolution of sympathy be spread upon
the minutes of this meeting and a copy be transmitted to
his family.
Carried Unanimously
MINUTES:
Approval of Minutes of January 7, 1987 Meeting
Alderperson Hoffman requested the following correction:
1.24
-2- February 4, 1987
p.6 under Design Review Board - That Mr. Warke's mailing
address of 117 Rand Hall, Cornell University be
used on his appointment.
Alderperson Booth requested the following amendments:
p.10 under Human Services Committee- Human Services
Coalition Work Plan /Recreational Facilities - that
the second line read "indoor and outdoor recreational
facilities ",
p.20 in the first amending resolution, the phrase in
parenthesis be amended to read (moving the B -2b
line easterly on Dryden Road for a space of 2 lots,
thereby leaving those lots zoned R -3a).
Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That the Minutes of the January 7, 1987 meeting
of Council be approved as corrected and amended.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Retirement of Firefighter Thomas D. Sanford
By Alderperson Killeen: Seconded by Alderperson Hoffman
WHEREAS, Firefighter Thomas D. Sanford has served as a firefighter
for the City of Ithaca Fire Department since 2 May 1966,
and
WHEREAS, Firefighter Sanford has served as a loyal and dedicated
member of the department, and
WHEREAS, Firefighter Sanford has discharged his duties with
diligence and concern for his fellow firefighters and the
community, and
WHEREAS, Firefighter Sanford has chosen to retire from active
service effective 4 January 1987 after more than 20 years
of service; now, therefore, be it
RESOLVED, That the Board of Fire Commissioners of the City
of Ithaca Fire Department does hereby commend Firefighter
Thomas D. Sanford for his years of service to the City of
Ithaca and wishes him an enjoyable and well deserved retirement,
and be it further
19
RESOLVED, That
a copy of this resolution be made a part of
the minutes of
the Board of Fire Commissioners of the City
of Ithaca Fire
Department, and be it further
RESOLVED, That
a copy of this resolution be transmitted to
the Common Council of the City of Ithaca for reading at their
next regularly
scheduled meeting.
IN WITNESS WHEREOF, we have hereunto set the seal of the
City of Ithaca
Fire Department, this 13th day of January
1987.
Robert Anderson
Chairman, Board of Fire Commissione
Karl Schmidt
Fire Commissioner
David Cornelius
Fire Commissioner
Carried Unanimously
Public Hearing
- Ordinance Amending Chapter 81 Entitled "Partial
Tax Exemption"
of the City of Ithaca Municipal Code
Resolution to Open
Public Hearing
By Alderperson
Schlatier: Seconded by Alderperson Killeen
-3-
February 4, 1987
RESOLVED, That the public hearing to consider proposed amendment
to Chapter 81 entitled "Partial Tax Exemption" be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the public hearing to consider proposed amendment
to Chapter 81 entitled "Partial Tax Exemption" be closed.
Carried Unanimously
Public Hearing - East Hill Zoning
1 Zoning Map Changes and Changes to B -2b District Regulations
(2) Change to Off -Site Parking Regulations
(3) Changes to Definition of Owner - Occupied Dwelling
(4) Added Regulations for Edges of R -3 District
(S) Changes to Design Review Board Regulations
Resolution to Open Public Hearing
By Alderperson Killeen: Seconded by Alderperson Cummings
RESOLVED, That the public hearing to consider East Hill Zoning
be opened.
Carried Unanimously
The following persons spoke to the council with regard to
East Hill zoning:
Ann Stanton, 212 Delaware Avenue - with regard to R -3 edges
abutting R -1 zone, she favors transition zone to keep density
down.
Susan Brown, 227 Bryant Avenue - asked for no increase in
density unless solutions can be found to traffic circulation
problems in Collegetown; also requested that two residential
(400000, properties not be rezoned business.
Karl F. Schmid, 101 Brandon Place - asked council to listen
carefully to what residents say; he said better alternatives need
to be found, is opposed to increase in density.
Kathy Yoselson, 203 College Avenue, read a statement from
herself and three additional residents at 203 College Avenue
which states that the zoning laws have failed their purpose
of preserving the "character of the neighborhood ", they are
not convinced that the proposed zoning changes will accomplish
the goal stated in the Environmental Assessment, they suggest
that council construct a clear statement of its goals and
values that represent a community consensus.
Paul Sayvetz, 201 Elm Street, spoke of concern that the proposed
zoning creates one single zone classification in the whole
Collegtown district. He thinks gradation of zones is a basic
concept behind all zoning; the business core should have
fewer restrictions and the fringes greater restrictions.
Kitty Mattes, 101 Irving Place, pleaded with Council not
to destroy the neighborhood, commented that the whole question
goes beyond the neighborhood to the future of American communities.
(600" David Brumberg, 201 Fairmount Avenue, expressed concern,
and urged the council to adopt a moderate solution to the
problem and try to maintain as much as possible the neighborhood
character of the area.
Mary Tomlan, 200
on the zoning is:
separate issues;
and if not, then
development in R
Review Board.
Delaware Avenue, thanked all those working
Sues for East Hill; she also touched on the
hoped for tiered system with regard to height,
60' max; and supported amendment which regulated
-3 zones and the amendment on the Design
I,2 6
-4-
February 4, 1987
Jane Pederson, 206 Elmwood Avenue, expressed hope that council
support a more conservative version in terms of density and
development in Collegetown.
Dominick LaCapra, 119 Terrace Place, commented that people
have no interest in seeing Collegetown area become one large
fraternity or becoming a series of incredibly ugly cinderblock
buildings on the model of the Travis building. There is
a great deal of community sentiment against the major transformation
of an area.
David Feldshuh, 308 Elmwood Avenue, expressed the hope that
council can maintain the aesthetics and pride that he and
his neighbors feel in the neighborhood.
Ann Erlich, lOS Oxford Place, asked the council to consider
the parking problems in the area when making their decision
on the proposed rezoning.
Bickley Townsend, 109 Oxford Place, spoke to the council
supporting all but one of the proposed rezoning amendments
being considered. She did not support changing three parcels
on Dryden Road across from Linden Avenue from R -3a to B -2b.
Resolution to Close Public Hearing
By Alderperson Lytel: Seconded by Alderperson Dennis
RESOLVED, That the public hearing to consider East Hill rezoning
be closed.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Al erperson Hoffman requested the addition of Item N, GIAC
- Establishment of Committee to Discuss Second Floor.
No Council member objected.
Alderperson Schlather requested that the appointment of Charlotte
Stone to the Board of Public Works be removed from the table.
Mayor Gutenberger responded that it would be done under Mayor's
appointments.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Stewart Park
Doria Higgins, 2 Hillcrest Drive, read the following statement
by Citizens to Save Stewart Park:
"We have attended hopefully and in good faith all five (to
date) of the Trowbridge public presentations for redesign
of Stewart Park. It seems clear that we the public have
been invited to these meetings to be convinced and persuaded
rather than to be listened to or to have our input honored.
At the last meeting we asked that Mr. Trowbridge's landscaping
of the land surrounding the Youth Bureau, land which is so
important in the approach to the park, be presented to SPAG
and the public. Our request has been denied by Planning
and Development even though the Mayor has clearly stated
that the Youth Bureau is part of Stewart Park and even though
it was included as such in the Niederkorn Plan for Stewart
Park. We wonder why it is now excluded. We think these
landscaping plans should be presented for public review.
We do not want the lovely approach to the lake and park further
hidden with inappropriate landscaping.
We would also like to go on record tonight in calling your
attention to one among the Trowbridge proposals we consider
particularly destructive to the peace and beauty and safety
of the park.
/,,Z 7
-S- February 4, 1987
Mr. Trowbridge proposes radically changing the spacious,
one -way loop at the southern end of the park, which presently
permits leisurely and safe walking and biking and driving
and which is much enjoyed. He plans to shorten it and to
narrow it and to make it two -way and dead -end, with turnaround
in front of the lake and with parking (presently thinly dispersed
along the entire length of the loop) constricted to both sides of
a short span of the road directly in front of our beautiful
lake and to a small parking lot elsewhere.
These changes will result in traffic congestion, danger to
(6wel pedestrians and will constitute a traffic barricade to what
is now free movement in the park. We hope Common Council
will not vote in favor of a plan such as this.
We think Mr. Trowbridge should be reminded that his own telephone
survey to which he and his staff devoted so much care and
time (at taxpayer expense since the NYSCA grant pays only
a fraction of his contract) showed that the only changes
a majority of the public wants at Stewart Park is improvement
of the restrooms. He should be reminded that over 7,000
people have signed a petition requesting that Stewart Park
not be redesigned but instead be properly maintained and
restored. He should be reminded that Common Council Resolution
of November S, 1986, explicitly stated that, "Any design
development should reflect as accurately as possible the
expressed concern of the community to restore, preserve and
maintain the character of Stewart Park."
We are grateful to you for that mandate. It should be enforced.
The process of spending time and money on devising schemes
to change Stewart Park against the wishes of the community
should be stopped."
Ordinance Amending Chapter S Entitled "City Employees."
Atty. George M. Dentes, 207 Prospect Street, expressed stern
(4000, disapproval of the ordinance on the agenda which would permit
city employees charged with crimes to receive compensation
for their attorney's fees for the following reasons:
1. Under some circumstances it permits defendents who are
certainly guilty to receive compensation for attorney
fees.
2. Under some circumstances the bill permits people who
are very certainly, but not proven to be, guilty to get
attorney's fees.
3. The bill fails to discriminate between criminal charges
and non- criminal charges.
4. The bill is imprecise in its definition of grand jury
appearances.
5. The bill is ambiguous as to whether the fees will be
paid, riot only for the criminal proceedings, but also
if a proceeding is necessary to enforce his right to
attorney's fees.
Atty. Dentes
offered the following solutions:
1. The test
believe
ought to be whether there was probable
the employee was guilty or not; also
cause
the exclus-
to
ionary laws
of evidence should not apply in that
determination
so when
the criminal proceeding is reviewed, all
reliable
evidence
ought to be considered.
2. The bill
should read "there should be attorney's
fees
paid upon
complete acquittal or upon dismissal of
all
charges,
not just all criminal charges."
-6-
February 4, 1987
3. Concerning grand jury appearances compensation should
be limited to situations where the witness waives his
immunity and is the target of the investigation, rather
than just an incidental witness.
4. Attorney's fees should not be attainable if a proceeding
is brought to enforce this provision, but only as related
to the initial criminal action thereof.
Route 96
Thomas Corey, 507 N. Meadow Street,representing Independent
Insurance Agents of Tompkins County, spoke concerning the
Route 96 problem. He said the insurance industry is primarily
concerned with the protection of life and property. He encouraged
Common Council to attend a meeting on February 19 of the
Coalition for Improved Roads, a round table discussion of
Route 96.
Vernon Gambrell, 357 Snyder Hill Road, producer of the television
show "Octopus Perspectives and Controversy ", presented to
Al.derperson Peterson a copy of the video tape of the January
19 show; also one of the January 1S Coalition meeting.
Dr. Reuben Weiner, 1021 Hector Street, spoke on behalf of
Dr. Hope Perry, President of the Tompkins County Medical
Society. Dr. Perry was a participant at the January 1Sth
round table and wanted to acknowledge with thanks the attendance
of 7 members of Council, 4 of whom did participate as well
as 2 Board of Representative members, the Town of Ithaca
Supervisor, Tompkins County planner and the hospital administrator.
Dr. Weiner said there will be another community round table
forum on February 19 at 7:30 p.m. to which Mayor Gutenberger
and 10- member Common Council, general public and news media
are invited. They will discuss traffic patterns before and
after each of the potential plans A, B and C; specific direction
will be given of what the overpass might be like by some
planners and engineers within the community; some specific
direction of the economic development potential, particularly
with Plan B vs. Plan C; and Quality of life and life safety
as major concerns. Dr. Hirshfeld will participate. Hospital
access will be discussed relative to all three plans, concerns
of people on West Hill and the neighborhood impact and Question
of integrity, particularly in the Cliff Street and West Buffalo
Street neighborhood areas.
Alderperson Schlather inquired
Dr. Weiner responded that they
of the meeting but had decided
time.
about the date of the meeting;
had tried to change the date
the 19th would be the best
Merrill Shipherd, 28 Lower Creek Road, Etna, explained to
the Council that the Coalition had debated back and forth
about changing the meeting date but it seemed as though it
would be less confusing, having told 150 people, to have
it on February 19. He expressed appreciation of the Council's
involvement.
Paul Sayvetz, 2.01 Elm Street, commented that all three plans
for the Octopus resolution will resolve the Octopus itself
because they all include a new bridge. He said he thinks
an overpass would be so unspeakably ugly that he would oppose
it for that reason.
Application for Mobile Vending Cart on Commons
Tammy Livengood, 298 Main Street, Freeville, requested an
extension of time for submission of an application for a
mobile vending cart on Ithaca Commons.
!"> 3
145
-23- February 4, 1987
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Cummings, Dennis, Hoffman, Killeen,
Lytel, Peterson, Romanowski, Schlather
Nay (1) - Haine Carried
An Ordinance Amending Chapter S Entitled "City Employees"
co-, of the City of It aca Municipal Code
By Alderperson Schlather: Seconded by Alderperson Booth
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER S ENTITLED "CITY EMPLOYEES"
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:
d' Section 1. That Chapter S, entitled "City Employees,"
of the City of Ithaca Municipal Code is amended as follows:
LD
A new Article to be known and designated as Article III
m to follow Article II is hereby added to said Chapter to read
Q as follows:
"ARTICLE III
REIMBURSEMENT OF DEFENSE COSTS INCURRED IN CRIMINAL
ACTIONS BY OR ON BEHALF OF CITY EMPLOYEES
§ 3.1 As used in this section, unless the context otherwise
requires, the term 'employee' shall mean any person holding
(woe a position by election, appointment or employment in the
service of the City of _Ithaca in any capacity, whether or
not working on'a full -time, part -time, permanent, temporary,
or seasonal basis, and whether or not working for compensation
or as a volunteer expressly authorized to participate in
a city-sponsored volunteer program. The term 'employee'
shall include any person paid by the City with city funds
or with funds derived from other than City tax revenues and
shall include any person serving on any City administrative
or advisory board, commission or committee. The termtemployee,i
shall also include a former employee, his estate or judicially
appointed personal representative. The term 'employee' shall
not include an independent contractor.
§ 3.2(a) Upon compliance by the employee with the provisions
of Section 3.3 of this Article and subject to the conditions
set forth in Subdivision (b) of this section, it shall be
the duty of the City of Ithaca to pay: (1) reasonable and
necessary attorneys' fees at rates prevailing in the local
legal community and litigation expenses incurred by or on
behalf of an employee in his or her defense of a criminal
proceeding in a state or federal court arising out of any
act or omission which occurred or allegedly occurred while
such employee was acting, or in good faith purporting to
(twol act, within the scope of his or her public employment or
duties, upon his or her complete acquittal or upon the dismissal
of all charges against him or her; and (2) reasonable and
necessary attorneys' fees at rates prevailing in the local
legal community incurred in connection with an appearance
before a grand jury which returns no true bill against the
employee where such appearance was required as a result of
any act which occurred while such employee was acting, or
in good faith purporting to act, within the scope of his
or her public employment or duties unless such appearance
occurs in the normal course of the public employment or duties
of such employee. The employee shall be entitled to private
counsel of his or her own choice except that the City Attorney
may require that appropriate groups of City employees be
represented by the same private counsel.
14f�
-24- February 4, 1987
(b) Upon the application for reimbursement for reasonable
attorneys' fees or litigation expenses or both made by or
on behalf of an employee as provided in Section 3.3 of the
Article, the City Attorney shall investigate and review the
facts and circumstances of the case and make a recommendation
to the Common Council whether such reimbusement shall be
paid. The Common Council shall review the facts and circum-
stances of the case and determine whether to pay such reimburse-
ment in light of the provisions of this Article. The Common
Council shall notify the employee in writing of such determination.
Upon determining that such reimbursement should be provided,
the Common Council shall so certify to the City Controller.
Upon such certification, reimbursement shall be made for
such fees or expenses or both upon the audit and warrant
of the City Controller. Any dispute with regard to entitlement
to reimbursement or the amount of litigation expenses or
the reasonableness of attorneys' fees shall be resolved by
a court of competent jurisdiction.
§3.3 Reimbursement of reasonable attorneys' fees or litigation
expenses or both by the City of Ithaca as prescribed by this
Article shall be conditioned upon (a) delivery to the City
Attorney at City Hall by the employee of a written request
for reimbursement of such fees and expenses together with
the original or a copy of an accusatory instrument within
thirty days after he or she is arraigned upon such instrument
or, in the case of a grand jury appearance, written documentation
of evidence of such appearance and (b) the full cooperation
of the employee in defense of any action or proceeding against
the City based upon the same act, and in the prosecution
of any appeal.
§3.4 Except as otherwise specifically provided in this Article,
the provisions of this Article shall not be construed in
any way to impair, alter, limit, modify, abrogate or restrict
any immunity available to or conferred upon any unit, entity,
officer or employee of the City of Ithaca, or any right to
defense and /or indemnification provided for any governmental
officer or employee by, in accordance with, or by reason
of, any other provisions of state or federal statutory or
common law.
§3.S If any provisions of this Article or the application
thereof to any person or circumstance be held unconstitutional
or invalid in whole or in part by any court of competent
jurisdiction, such holding of unconstitutionlity or invalidity
shall in no way affect or impair any other provision of this
Article or the application of any such provision to any other
person or circumstances.
§3.6 This Article shall apply to any act or omission which
occurs or is alleged to occur on or after its effective date.
Section 2. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in § 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
Alderperson Hoffman asked if one of the judgments that the
City Attorney would be making would be whether the employee
was acting or in good faith pruporting to act, within the
scope of his or her public employment or duties. City Atty.
Nash responded that council would make it but he would review
it and make a recommendation. Alderperson Hoffman asked
if we needed to note that anywhere or if it was just implied.
Alderperson Booth commented that he thinks that is clear
from the way the ordinance is written. It is clear intent.
Alderperson Hoffman said he would like to have that somehow
worked into it. He said that Alderperson Schlather was implying
that there was a limit on what kinds of judgment the City
IDn'
14'7
IF011
February 4, 1987
Attorney would make in the review and he wanted to make sure
that was one of them. Alderperson Schlather responded that
it is one of them.
A vote on the resolution resulted as follows:
Carried Unanimously
Introduction of Zoning Ordinance (Section 30.26 of Chapter
30 and Provi ing or Public Notice and Public Hearing
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLUTION INTRODUCING ZONING ORDINANCE AND
PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance No. 87 - entitled "An Ordinance
Amending Section 30.26(C)(4)(iv) by the deletion of Subparagraph
(a) in its entirety and the renumbering of the remaining
paragraphs (b) , (c) and (d) to (a) , (b) and (c) respectively
be and it hereby is introduced before the Common Council
of the City of Ithaca, New York; and be it further
RESOLVED, That the Common Council shall hold a public hearing
in the matter of the adoption of the aforesaid ordinance
to be held in the Council Chambers, City Hall, at No. 108
m East Green Street in the City of Ithaca, New York, on Wednesday,
Q the 4th day of March, 1987 at 7:30 p.m.; and be it further
RESOLVED, That the City Clerk give notice of such public
hearing by the publication of a notice in the official news-
paper specifying the time when and the place where such public
hearing will be held, and in general terms describing the
proposed ordinance. Such notice shall be published once
at least fifteen days prior to the public hearing, and be
it further
RESOLVED, That the City Clerk shall transmit forthwith to
the Board of Planning and Development and to the Tompkins
County Planning Board a true and exact copy of the proposed
zoning ordinance for their reports thereon.
Carried Unanimously
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING SECTION 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 30.26 (C)(4)(iv) BY THE DELETION
OF SUBPARAGRAPH (a) IN ITS ENTIRETY AND THE RENUMBERING OF
THE REMAINING PARAGRAPHS (b), (c) and (d) TO (a), (b) and
(c) RESPECTFULLY, AS FOLLOWS:
Delete:
[a. If the proposed use is the expansion of an educational
use then applicant must show a need to expand into
the residential area rather than into a less restrictive
area.
No special permit shall be granted by the Board of
Appeals unless the applicant can demonstrate that
there is no reasonable alternative to location or
expansion on the site proposed.]
[b] a. The location and size of the use, the size of
site in relation to it, the operations in connection
with the use and the parking and traffic related
to the operations shall not be such as to create
a significant hazard to the safety or general welfare
of the surrounding area.
148
-26-
February 4, 1987
[c] b. The proposed use or operation shall not produce
or present substantial danger of excessive noise,
noxious odors, noxious or harmful discharge, fire
or explosion, radiation, chemical or toxic release,
or other conditions injurious to the health or general
welfare of occupants of nearby properties.
[d] c. The size and use of the facility, or the concentration
with similar facilities in t-he neighborhood, shall
not be so substantially out of proportion to the
character of the neighborhood as to jeopardize the
continued use of the neighborhood for residential
purposes. [subsec. iv added and prior subsecs. numbered
i, ii and iii, Ord. #85 -11, 11/6/85.]
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in § 3.11
(B) of the Ithaca City Charter.
BUDGET AND ADMINISTRATION COMMITTEE:
Voice Scrambler Equipment Standardization
By Alderperson Dennis: Seconded by Alder-person Schlather
WHEREAS, this Common Council has been requested by the City
of Ithaca Police Department to standardize on Controlonics
voice equipment as the type of equipment to be used in the
City of Ithaca, and to authorize the City to purchase approved
equipment from the manufacturer, or a representative thereof,
and
WHEREAS, it is deemed to be in the best interest of the City,
for reasons of efficiency, compatability and economics, to
approve such standardization for the following reasons:
1. The City of Ithaca Police Department presently has
Controlonics voice scrambler equipment installed
in the mobile units and main communication desk.
2. Compatability is not possible with other brands of
voice scrambling equipment.
3. The cost of maintenance, parts and service will be
less than if different types of equipment were being
used,
now, therefore, be it
RESOLVED, That pursua
the General Municipal
Common Council hereby
equipment as the type
by the City of Ithaca
nt to Section 103, Subdivision 5, of
Law of the State of New York, this
authorizes the standardization of Controlonics
of such equipment to be used and purchased
Police Department during the year 1987.
Carried Unanimously
Radio Equipment Standardization
By Alderperson Dennis: Seconded by Alderperson Cummings
WHEREAS, this Common Council has been requested by the City
of Ithaca Police Department to standardize on Motorola radio
equipment as the type of equipment to be used in the City
of Ithaca, and to authorize the City to pruchase approved
equipment from the manufacturer, or a representative thereof,
and
WHEREAS, it is deemed to be in the best interest of the City
for reasons of efficiency, compatability and economics to
approve such standardization for the following reasons:
0
i 2 ./
-7- February 4, 1987
Resolution
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That this Council grants an extension of time until
8:30 a.m. on February 6, 1987 (time of next CAB meeting)
for the submission of an application by Ms. Livengood for
a mobile vending cart on the Commons.
Carried Unanimously
TOMPKINS COUNTY BOARD OF REPRESENTATIVES:
Bid on Sheriff's Department Cars
Alderperson Dennis asked Rep. Stein if the four Sheriff's
Department cars bid, which was awarded in Spencer, where
bid on State contract. Rep. Stein responded that they were
not bid on State contract but the Spencer bid was $400.00
less than the local bid.
PCBs in Biggs Complex
Alderperson Schlather asked Rep.
about the PCBs in the Biggs Comp
that there had been a resolution
the bidding process in replacing
was appropriated for this by the
Stein what would be done
lex. Rep. Stein responded
the previous night to forego
the transformers. Money
Board.
Alderperson Schlather asked Mr. Stein who made the determination
that there was no danger. Mr. Stein responded that a list
of people in public positions in county government, including
the Health Department, were contacted. To his knowledge,
no testing has been done. Mr. Schlather expressed concern
that this get a full airing. Mr. Stein said that the Board
will continue to pursue that question at the same time they
are acting to replace the equipment.
East Ithaca Traffic
Alderperson Killeen asked Rep. Stein if the East Ithaca Traffic
Study group are meeting on a regular basis. Mr. Stein reported
that they have met twice, are meeting on a monthly basis
and are gathering data.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Vice Chair Nichols appeared for the Board of Public Works
and explained the re- organization of the procedures for internal
efficiency and also to make themselves more open to the public
and to get better cooperation with the council. The committee
structure has been reconstituted to meet every Wednesday
as a Committee of the Whole, exclusive of regular Board meetings.
Minutes of the meetings will be distributed to all Council
members, as well as agendas. Recycling and Collegetown
traffic and parking are examples of projects requiring close
collaboration of the Council and Board.
COMMUNICATIONS FROM THE MAYOR:
Special Meetings Common Council /Town of Ithaca Board
Mayor Gutenberger announced that there will be a joint Common
Council /Town of Ithaca Board meeting on February 24, 1987
at 5:00 p.m. in the Town Hall to do all that needs to be
done for the annexation for the Youth Bureau.
Common Council /Ithaca Television Cable Commission
Mayor Gutenberger announced that there will be a special
(two." joint Common Council /Television Cable Commission meeting
on February 9, 1987 at 7:30 p.m. in the Common Council Chambers
at which time the Council will take action on the items discussed
at the .January 13th meeting of the Committee of the Whole
Council and the Television Cable Commission. Acting Mayor
Killeen will chair the meeting in the absence of Mayor Gutenberger.
MAYOR'S APPOINTMENTS
Commons Advisory Board
Mayor Gutenberger requested approval of the Council for appointment
of Gene Katz, S19 W. State Street (P.O. Box 6651) to the
Commons Advisory Board for a one -year term to expire December
31, 1987.
-8- February 4, 1987
Resolution
By Alderperson Killeen: Seconded by Alderperson Haine
RESOLVED, That this Council approves the appointment of Gene
Katz to the Commons Advisory Board for a term to expire December
31, 1987.
Carried Unanimously
Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the question of the Council's approval of
designation of Charlotte Stone as a member of the Board of
Public Works be lifted from the table.
Carried Unanimously
Alderperson Schlather commented that he was concerned about
some information that perhaps was lacking. In the interim
lie researched the issue. One concern that had been raised
was attendance and he has, through the City Clerk's Office,
determined an attendance rate in excess of 800 over the past
4 Z years of service. He said he also had spoken to this
person and is satisfied that there is an expertise that the
council should continue to rely upon and he is willing to
support the appointment.
A vote on the appointment of Charlotte Stone to the Board
of Public Works for a term to expire December 31, 1989 resulted
as follows:
Ayes (9) - Schlather, Booth, Peterson, Cummings, Haine,
Lytel, Killeen, Dennis, Romanowski
Abstention (1) - Hoffman
Carried
CITY ATTORNEY'S REPORT:
Pro osed Rate Increase from ACC
Alderperson Lytel asked the City Attorney to explain how
ACC can raise the rate in violation of its contract with
the city. Atty. Nash responded that the U.S. Congress passed
in 1984 the ,Cabl� Communications Policy Act which basically
provides;; pe 3 e "teis`"Yor state, local and federal regulations
of cable communications. Sec. 623 deals with regulations
of rates. He said he had provided council members with copies
of that section. It seems to provide that any franchise
authority may regulate the rates only to the extent provided
under that section.
After further discussion it was agreed that City Atty. Nash
would research the matter further and it could be discussed
in Executive Session at the end of the meeting on February
9th.
Noise at Wilcox Press
Alderperson Cummings asked City Atty. Nash if additional
decibel reading levels are scheduled to be done at other
times, day or night, if additional information gathering is
Being done, and if he had given any thought to other legal
_- h,,inisms open to the city other than the noise ordinance,
such as public nuisance or that sort of thing.
City Atty. Nash responded that there is not presently scheduled
any further noise readings. In order to do more sophisticated
readings we would have to hire and use a more expert machine
with an expert operator. He said he doesn't know about enforce-
ment under any other criminal statute but he will look into
that.
Supt. of Public Works Dougherty agreed that City Engineer
William Gray will be designated staff member assigned to
this problem.
Alderperson Booth asked that additional readings be taken
at different times of the night and day. Cite Atty. Nash
trill look into this matter.
/13/
Sam
February 4, 1987
Recess
Common Council recessed at 9:45 and reconvened in regular
session at 9:SS p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
East Hill Zoning - Zoning Ordinance Amendments - Determination
o Non - Significance
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, a package of Zoning Ordinance amendments affecting
both East Hill and the entire City of Ithaca have been pro-
posed and are now before the Common Council for consideration,
and
WHEREAS, appropriate environmental review has been conducted,
including the preparation of the Short Environmental Assessment
Form (SEAF) and the Long Environmental Assessment Form (LEAF),
as needed, and said forms are filed in the City Clerk's Office,
and
WHEREAS, it appears that the proposed actions are "unlisted"
actions under the State Environmental Quality Review Act
(SEAR), including the Part 617 regulations thereunder, and
may be Type 1 actions under the City Environmental Quality
Review Act (E.Q.R. §36.5(B)(S)); and
WHEREAS, it appears that the proposed actions are consistent
4) Changing a parcel on Oak Avenue from B -2b to R -3a;
S) Changing the maximum building height requirement
for the B -2b zone to six stories and 60 feet;
6) Amending the definition of owner- occupied dwelling;
7) Adding new regulations for development in R -3 parcels
that abut R -1 parcels:
8) Amending the requirements regulating off -site parking;
9) Amending the Design Review Board regulations, and
be it further
RESOLVED, That this resolution shall constitute notice of this
(,O� negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachments,
in the City Clerk's Office, and forward the same to the office
of Planning and Development and any other parties as required
by law.
Amending Resolution �,
By Alderperson Booth: Seconded by Alderperson Haine
RESOLVED, That the resolution be amended by deleting Items
1, 2 and 3 under the second "RESOLVED ".
with the City's objectives relating to growth, development
and the orderly planned urbanization of the community, and
WHEREAS, it appears that the proposed actions will not have
a significant effect on the physical or social environment
of the City of Ithaca; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, be and it hereby does adopt as its own the findings
and conclusions more fully set forth in the Short and Long
Environmental. Assessment Forms, and it is further
RESOLVED, That this Common Council, as lead agency, be and
hereby does determine that the proposed actions listed below
will not have a significant effect on the environment and
that further environmental review is unnecessary under the
circumstances -
1.) Changing all of the areas currently zoned B -2a to
B - 2 b ;
2) Changing the rear yard of 124 Catherine Street from
R -3b to B -2b;
3) Changing three parcels on Dryden Road from R -3a to
B -2b;
4) Changing a parcel on Oak Avenue from B -2b to R -3a;
S) Changing the maximum building height requirement
for the B -2b zone to six stories and 60 feet;
6) Amending the definition of owner- occupied dwelling;
7) Adding new regulations for development in R -3 parcels
that abut R -1 parcels:
8) Amending the requirements regulating off -site parking;
9) Amending the Design Review Board regulations, and
be it further
RESOLVED, That this resolution shall constitute notice of this
(,O� negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachments,
in the City Clerk's Office, and forward the same to the office
of Planning and Development and any other parties as required
by law.
Amending Resolution �,
By Alderperson Booth: Seconded by Alderperson Haine
RESOLVED, That the resolution be amended by deleting Items
1, 2 and 3 under the second "RESOLVED ".
/ 3Q
-10- February 4, 1987
Alderperson Booth supported the negative declaration on the
other items. He thinks that the implications of changing
B -2a to B -2b and moving the line on Dryden Road will significantly
affect the environment, particularly in terms of density,
parking and traffic. He also suggested that the body of
the negative declaration dealing with the map changes is
deficient as a matter of analysis. It makes no attempt to
document what is in these areas at this time and then to
estimate what the impact of these changes will be on their
neighborhoods and the surrounding neighborhoods. If you
look through the LEAF you will see no attempt to document
what levels of traffic and people and parking we are now
looking at and what the implications of these changes will be.
He stated that those are the critical areas and without doing
that this is a deficient document and does not provide a
reasonable basis upon which this council can make a determination
of non- significance.
Paul Mazzarella responded to Mr. Booth's concern.
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Ayes (4) - Schlather, Booth, Hoffman, Peterson
Nays (6) - Cummings, Haine, Lytel, Killeen, Dennis, Romanowski,
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (6) - Romanowski, Lytel, Cummings, Haine, Dennis,
Killeen
Nays (4) - Schlather, Booth, Hoffman, Peterson
Carried
Change in B -2b Maximum Building Height Requirements
By Alderperson Cummings: Seconded by Alderperson Dennis
ORDINANCE NUMBER 87 -
AN ORDINANCE AMENDING SECTION 30.25 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 THE DISTRICT REGULATIONS CHART OF SECTION
30.25
That the regulations for Maximum Building Height in the B -2b,
Business District are hereby amended to read as follows:
Number of Stories: 6
Height in Feet 60
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11 (B) of the Ithaca City Charter.
Alderperson Schlather commented that there is a need for
a concentration of student housing in Collegetown. The way
to accomodate that is by permitting continuation of the 7S
feet limit. It is not out of sync with at the least the
buildings in the north end of that zone. The performing
arts center will be 90 feet (Paul Mazzarella concurred).
He said that 7S feet throughout the district is probably
an imperfect solution but 60 feet throughout the district
is likewise unacceptable; therefore, he advised leaving the
height where it is now and coming up with some kind of tiered
down zone or two zones.
3 z.
0
0
133
-11- February 4, 1987
After further discussion on the floor, a vote on the resolution
resulted as follows:
Ayes (4) - Dennis, Booth, Peterson, Hoffman
Nays (6) - Lytel, Cummings, Haine, Romanowski, Killeen,
Schlather ,
Motion Defeated
Changing B -2a Area to B -2b and Lutheran Church Parcel From
B -2b to R -3a
(600e By Al erperson Cummings: Seconded by Alderperson Haine
ORDINANCE NUMBER 87 -
AN ORDINANCE AMENDING THE ZONING MAP 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 ZONING MAP
1. That the "Official Zoning Map of the City of Ithaca,
New York" as last amended, is hereby amended and changed
so that the following described areas presently located in
the B -2a Business District and R -3b Residence District are
Q reclassified and changed to the B -2b, Business District.
A. All that tract or parcels of land described by the following
boundaries: Beginning at the northwest corner of tax map
parcel number 63 -6 -4, thence southerly along the west boundary
line of parcel 63 -6 -4 until it intersects the north boundary
line of parcel 63 -6 -22, thence west along the north boundary
line of parcel 63 -6 -22 until it intersects the east boundary
line of parcel 63 -6 -21, thence south along the east boundary
line of parcel 63 -6 -21 until it intersects the north boundary
line of parcel 63 -6 -20, thence west along the north boundary
line of parcel 63 -6 -20 until it intersects the east boundary
line of Eddy Street, thence south along the east boundary
line of Eddy Street until it intersects the south boundary
line of parcel. 63 -6 -19, thence east along the south boundary
line of parcels 63 -6 -19, 63 -6 -17 and 63 -6 -14 to a point at
the northeast corner of parcel 68 -4 -3, thence south along
the east boundary line of parcel 68 -4 -3 until it intersects
the north boundary line of parcel 68 -4 -10, thence east along
the north boundary line of parcel 68 -4 -10 to a point at the
northwest corner of parcel 68 -4 -7, thence south along the
west boundary line of parcel 68 -4 -7 to a point at the northwest
corner of parcel 68 -4 -9, thence east along the north boundary
line of parcel 68 -4 -9 to a point at the northeast corner
of parcel 68 -4 -9, thence south along the east boundary line
of parcel 68 -4 -9 until it intersects the north boundary line
of Catherine Street, thence east along the north boundary
line of Catherine Street until it intersects the west boundary
line of College Avenue, thence north along the west boundary
line of College Avenue to a point at the northeast corner
of parcel 63 -6 -13, thence west along the north boundary line
of parcel 63 -6 -13 a distance of approximately eighty -five
(85) feet to a point at the southeast corner of former parcel
63 -6 -10, thence north a distance of one hundred eight (108)
feet parallel to College Avenue along the east boundary line
of former parcel 63 -6 -10 until it intersects the south boundary
line of Dryden Road, thence west and northwest along the
south boundary line of Dryden Road to the point of beginning.
The above described area includes all or portions of the
following tax map parcel numbers: 63 -6 -4, 63- 6- 5,63- 6 -6.2,
63- 6 -7.1, 63 -6 -8, portions of 63 -6 -11, 63 -6 -22, 63 -6 -20,
63 -6 -19, 63 -6 -18, 63 -6 -17, 63 -6 -13, 63 -6 -14, 68 -4 -6, 68 -4 -7,
and 68 -4 -8.
134
-12- February 4, 1987
B. All that tract or parcels of land described by the following
boundaries: Beginning at a point on the east boundary line
of College Avenue at the southwest corner of parcel 64- 10 -19,
thence southerly along the east boundary line of College
Avenue a distance of approximately two hundred forty (240)
feet to the northwest corner of parcel 67 -1 -3, thence easterly
along the north boundary line of tax map parcel 67 -1 -3 a
distance of one hundred forty two (142) feet, thence northerly
in a straight line parallel to College Avenue to the southeast
corner of parcel 64- 10 -19, thence westerly along the south
boundary line of parcel 64 -10 -19 to the point of beginning.
The above described area contains all or portions of the
following tax map parcel numbers: 64- 10 -18, 64 -10 -17.2,
64- 10 -15, portions of 67 -1 -1, portions of 64 -10 -12 and portions
of 64- 10 -13.
2. That the "Official Zoning Map of the City of Ithaca,
New York" as last amended, is hereby amended and changed
so that the following described area presently located in
the B -2b, Business District is reclassified and changed to
the R -3a, Residential District.
All that tract or parcel of land described as follows:
All of tax map parcel number 64 -2 -2.
3. That in accordance herewith the City Clerk is hereby
directed to make or cause to be made the necessary changes
on said Zoning Map.
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a 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) - Romanowski, Lytel, Cummings, Haine, Dennis,
Killeen
Nays (4) - Booth, Schlather, Peterson Hoffman
Carried
Changing Rear Yard of 124 Catherine Street from R -3b to B -2b
By Alderperson Cummings: Seconded by Alderperson Killeen
ORDINANCE NUMBER 87 -
AN ORDINANCE AMENDING THE ZONING MAP 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 ZONING MAP
1. That the "Official Zoning Map of the City of Ithaca,
New York" as last amended, is hereby amended and changed
so that the following described area presently located in
the R -3b, Residence District, is reclassified and changed
to the B -2b, Business District:
A. All that tract or parcels of land described by the following
boundaries: Beginning at the northwest corner of tax map
parcel number 68 -4 -10, thence southerly along the west boundary
of parcel 68 -4 -10 to a point that is 51.6 feet north of the
north boundary of Catherine Street, thence east along a line
that is parallel to the north boundary line of Catherine
Street to a point on the west boundary line of parcel 68 -4 -9
that is 51.6 feet north of the north boundary line of Catherine
Street, thence north along the east boundary line of parcel
P]
0
135
-13-
February 4, 1987
68 -4 -10 to a point that is the northeast corner of parcel
68 -4 -10, thence west along the north boundary line of parcel
68 -4 -10 to the point of beginning.
2. That in accordance herewith the City Clerk is hereby
directed to make or cause to be made the necessary changes
on said Zoning Map.
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immdiately and in accordance
(ame, with law upon publication of a 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 (7) - Schlather, Romanowski, Lytel, Cummings, Dennis,
Killeen, Hoffman
N-1 Nays (3) - Booth, Peterson, Haine
Carried
Iq
LD Changing Three Parcels on Dryden Road Across From Linden
Z Avenue From R -3a to B -2b
(7] By Alderperson Cummings: Seconded by Alderperson Dennis
Q ORDINANCE NUMBER 87 -
AN ORDINANCE AMENDING THE ZONING MAP 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 ZONING 01AP
1. That the "Official Zoning Map of the City of Ithaca,
New York" as last amended, is hereby amended and changed
so that the following described area presently located in
the R -3a, Residential District is reclassified and changed
to the B -2b, Business District.
All that tract or parcels of land described by the following
boundaries: Beginning at the southwest corner of tax map
parcel number 64 -2 -23, thence north along the west boundary line
of parcels 64 -2 -23 and 64 -2 -24 to the northwest corner of
parcel 64 -2 -24, thence east and southeast along the north and northeast
boundary line of parcel 64 -2 -24 to the north boundary line
of parcel 64 -2 -22, thence east along the north boundary line
of parcel 64 -2 -22 to the northeast corner of parcel 64 -2 -22,
thence south along the east boundary line of parcel 64 -2 -22
until it intersects the north boundary line of Dryden Road,
thence west along the north boundary line to Dryden Road
to the point of beginning.
The above described area contains all of the following tax
map parcel numbers: 64 -2 -22, 64 -2 -23 and 64 -2 -24.
2. That in accordance herewith the City Clerk is hereby
directed to make or cause to be made the necessary changes
on said Zoning Map.
SECTTON 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
13(; -14- February 4, 1987
A vote on the resolution resulted as follows:
Ayes (2) - Lytel, Cummings
Nays (8) - Booth, Haine, Peterson, Schlather, Romanowski,
Dennis, Killeen, Hoffman
Motion Defeated
Changes to Off -Site Parking Requirements
By Al erperson Cummings: Seconded by Alderperson Killeen
ORDINANCE NUMBER 87 -
AN ORDINANCE AMENDING SUBDIVISION A(1) OF SECTION 30.37
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, as follows:
SECTION 1. AMENDING SUBDIVISION A(1) OF SECTION 30.37
That Subdivision A(1) of Section 30.37 is hereby amended
to read as follows:
"I. Location Requirements
All parking spaces provided pursuant to this Section shall
be on the same lot as the building, use or activity that
they serve, except that off - street parking in the amounts
specified by the Zoning Ordinance may be provided on a single
lot other than that on which the building, use or activity
is located, provided that all of the following conditions
are met:
a. Off -site parking for commercial uses may be provided
within seven hundred and fifty (7S0) feet along public
pedestrian thoroughfares, measured from property line
to property line.
b. Off -site parking for residential uses may be provided
within one thousand (1000) feet along public pedestrian
thoroughfares, measured from property line to property
line.
C. All off -site parking areas must be located in a zoning
district in which the building, use or activity that
the off -site parking is intended to serve is a permitted
use.
d. All off -site parking spaces must be clearly labelled
as providing parking only for the building, use or
activity which they serve.
e. All land which is used to provide off -site parking must
be restricted to that use only for as long as the building
is occupied by the use which requires off- street parking
or until sbustitute parking is provided for and approved
by the Building Commissioner. Evidence of such off -site
parking shall be provided in the form of a recorded covenant,
long term lease or comparable document that is approved
by the Building Commissioner.
No more than two (2) end -to -end parking spaces shall be permitted
for the purpose of satisfying the requirements of this Section,
unless all spaces have adequate maneuvering space and direct
street access.
-is-
SECTION 2. EFFECTIVE DATE
February 4, 1987 137
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Carried Unanimously
New Regulations for Development in R -3 Areas that Abut R -1
Areas
By Alderperson Cummings: Seconded by Alderperson Dennis
(400.11 ORDINANCE NUMBER 87
AN ORDINANCE AMENDING SECTION 30.26(B) 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 30.26(B) OF CHAPTER 30
That Subdivision B of Section 30.26 is amended to add the
following:
Lo Development in R -3 districts which abut R -1 districts
m The development of any permitted use in the R -3a or R -3b
Q zoning districts except a one - family dwelling or a two - family
dwelling shall be subject to the following special conditions
if the land on which the development occurs directly abuts
land in either the R -la or R-lb zoning districts:
1. Minimum Lot Size, Area in Square Feet - The required
area in square feet needed to satisfy the minimum lot size
requirement shall be one hundred and fifty (150) percent
of the requirement shown on the District Regulations Chart
for the R -3a or R -3b district.
2. Maximum Building Height - The maximum building height
requirement shall be the same as the requirement in the abutting
R -la or R -lb district.
3. Maximum Percent Lot Coverage By Buildings - the maximum
percent lot coverage by buildings shall be seventy -five (75)
percent of the requirement shown on the District Regulations
Chart for the R -3a or R -3b district.
4. Yard Dimensions, Side or Rear Yards - the minimum required
side or rear yard requirement shall be one hundred and fifty
(150) percent of the requirement shown on the District Regulations
Chart for the R -3a or R -3b district, if the side or rear
yard abuts land in the R -la or R -lb districts.
SEC`T'ION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section 3.11(B)
of the Ithaca City Charter.
Carried Unanimously
New - Definition of Owner- Occupied Dwelling
By Alderperson Cummings: Seconded by Alderperson Dennis
ORDINANCE NUMBER 87 -
AN ORDINANCE AMENDING SUBDIVISION B OF SECTION 30.3
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, as follows:
1, 38
-16-
February 4, 1987
SECTION 1. AMENDING SUBDIVISION B(25) OF SECTION 30.3
That Subdivision B(25) of Section 30.3 is hereby amended
to read as follows:
25. "Dwelling, owner - occupied" shall mean a building in
which at least one dwelling unit is occupied by at least
one person who holds at least thirty -three and o►ie -third
(33 1/3) percent legal interest in the property and who
maintains his or her principal residence in that building
for more than six (6) months of the calendar year."
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publiction of a notice as provided in Section 3.11 (B)
the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) -, Lytel, Cummings, Booth, Haine, Peterson, Romanowski,
Dennis, Killeen, Koffman
Nay (1) - Schlather
Carried
Amendments to Design Review Board Regulations
By Alderperson Cummings: Seconded by Alderperson Killeen
ORDINANCE NUMBER 87 -
AN ORDINANCE AMENDING SECTION SECTION 30.59(C) 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 SUBDIVISION C OF SECTION 30.59
That Paragraph 1 of Subdivision C of Section 30.59 is hereby
amended to read as follows:
"All proposals for construction or demolition within the
zones designated B -lb, B -2b, B -2c and C -SU and all zoning
appeals within the zones designated B- lb, B -2b, B -2c and C -SU shall
be referred to the Design Review Board for its review and
recommendation or approval, as applicable, immediately upon
receipt by the Building Commissioner. Preliminary plans
for new construction, alteration of an existing structure,
or substantial rehabilitation, in accordance with the provisions
of Subdivision D of the Section, shall be referred to the
Design Review Board at the Schematic Design phase. The Building
Commissioner or the Director of Planning and Development
shall refer such plans or proposals to the Design Review
Board immediately upon receipt of such plans. In addition,
any individual or group proposing construction or development
anywhere within the City of Ithaca may request the informal
review and advisory recommendation of the Design Review Board.
The Board of Zoning Appeals may refer applications for Accessory
Apartment Temporary Permits for technical advice when exterior
design changes are proposed and for approval of front entrances."
SECTION 2. EFFECTIVE DATE
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
It
Iq
LO
M
a
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February 4, 1987
139
Alderperson Schlather read a note from Jon Meigs, copied
to Ralph Nash and Paul Mazzarella, expressing his concern
about this particular ordinance: "The last sentence indicates
Design Review Board review of Accessory Apartment front entries
new, may be requested by BZA. Section 30.27(D)(6) Accessory
Apartments requires DRB approval. I would urge that this
contradiction be rectified as soon as parcticable. Note
this is simply a perpetuation of an existing statutory inconsistency.
The current Section 30.59 reads as permissive."
Discussion followed on the floor.
Resolution
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That Item 9, Amendments to Design Review Board
Regulations be referred to Charter and Ordinance Committee
for recommendation.
Carried Unanimously
Cherry Street Industrial Park Proposed Lease Agreement -
Rock Stream Studios
By Alderperson Cummings:
WHEREAS, the Cherry Street
to encourage the retention
and
Seconded by Alderperson Dennis
Industrial Park was developed
and expansion of local industries,
WHEREAS, Rock Stream Studios desires to acquire .75+ acres
of land in the Cherry Street Industrial Park for expansion
of its manufacturing facilities, and
WHEREAS, pursuant to the Urban Renewal Land Disposition Procedure,
the Ithaca Urban Renewal Agency has designated Rock Stream
Studios a preferred sponsor for tenancy in the Park, and
WHEREAS, the terms of the proposed lease /sale agreement for
said lands have been reviewed; now, therefore be it
RESOLVED, That Common Council does hereby approve the lease /sale
of .75+ of land in the Cherry Street Industrial Park to Rock
Stream Studios, and be it further
RESOLVED, That this disposition is in furtherance of the
Urban Renewal Plan and in accordance with applicable State
Law and with the City's Urban Renewal Land Disposition Procedure,
and be it further
RESOLVED,. That the Mayor be and hereby is authorized and
directed, upon advice of Corporate Counsel and the Director
of Planning and Development, to execute for the City of Ithaca
any and all instruments necessary for the effectuation of
this land disposition.
Discussion followed on the floor. Helen Jones and Thys Van Cort
explained the rate structures and answered questions from
Council.
A vote on the resolution resulted as follows:
Carried Unanimously
Resolution
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the policy of the IURA and Common Council,
with respect to the sale aspects of prospective lease /sale
agreements be reexamined by the Common Council with appropriate
possible modifications thereof prior to any further execution
of lease /sale agreements at the Cherry Street Industrial
Park.
Discussion followed on the floor.
140
-18- February 4, 1987
A vote on the resolution resulted as follows:
Ayes (3) - Schlather, Booth, Hoffman
Nays (7) - Lytel, Cummings, Haine, Peterson, Romanowski,
Dennis, Killeen
Motion Defeated
New York State Certified Local Government Grant Program
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has been designated a Certified
Local Government by the New York State Office of Parks,
Recreation and Historic Preservation, and
WHEREAS, ten pecent (100) of funds allocated to the State
for preservation activities are made available exclusively
to Certified Local Governments on a competitive basis, and
WHEREAS, the Planning and Development Committee has endorsed
seeking Certified Local Government program funds to continue
the city -wide architectural, historical and cultural resources
survey of Ithaca; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Director
of Planning and Development to submit a Certified Local Government
Subgrant FY 87 application for $1,250 to the New York State
Office of Parks, Recreation and Historic Preservation to
conduct an historic and architectural resources survey of
lower South Hill; such grant to be matched with funds already
allocated to the Planning and Development Department for
1987.
A vote on the resolution resulted as follows:
Ayes (8) - Schlather, Booth, Hoffman, Peterson, Cummings,
Haine, Lytel, Killeen
Nay (1) - Romanowski
Absent (1) - Dennis (out of room at time of vote)
Carried
Planning and Development Department Report - Supply, Demand
and Affordability of Housing
Alderperson Cummings reported that this item has been discussed
at length. If people have information and input on numbers,
conclusions or perceived conclusions, etc. she requested
them to get them to staff this week so the report can be
finalized and its accuracy acceptable.
Community Development Commission Rt,newal
Resolution Introducing Local Law and Providing for Public
Notice and Hearing
RESOLVED, That proposed Local Law No. of the year 1987
entitled "A Local Law Amending Article II entitled "City
Officers," specifically Section 2.26 thereof entitled "Community
Development Commission" be and it hereby is introduced before
Common Council of the City of Ithaca, New York.
By Alderperson Cummings: Seconded by Alderperson Killeen
LOCAL LAW NO.
A LOCAL LAW AMENDING ARTICLE II ENTITLED "CITY OFFICERS,"
SPECIFICALLY SECTION 2.26 THEREOF ENTITLED "COMMUNITY DEVELOPMENT
COMMISSION"
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. Amending Article II entitled "City Officers"
specifically Section 2.26 thereof entitled "Community Development
Commission"
O
Iq
L0
M
Q
-19- February 4, 1987
Subdivision 2 of Section 2.26 of the City of Ithaca Charter
is hereby amended to read as follows:
112. Establishment of the Community Development Commission.
The Common Council of the City of Ithaca hereby creates
a commission which shall be known as the City of Ithaca
Community Development for a period of five years from the
date this law is filed with the Secretary of State." The
existence of the Community Development Commission is hereby
extended for an additional five -year period.
Section 2. This Local Law shall take effect immediately
upon filing in the Office of the Secretary of State.
Carried Unanimously
Residential Parking Permit System
Alderperson Cummings reported t -at the Planning and Development
Committee has directed the City Attorney to work with staff
on preparing for resubmission to the legislature a request
for a residential parking permit system in Ithaca. It is
her understanding that the City of Albany has had some success
in court getting their attempts at implementing a residential
parking permit system upheld. The implementation was without
legislative approval; however they had prior legislative
approval to do a parking permit system, not specifically
residential; they had some basis for proceeding.
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending Chapter 81 Entitled "Partial Tax Exemption"
of the City of Ithaca Municipal Code
By Alderperson Schlather: Seconded by Alderperosn Romanowski
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 81 ENTITLED "PARTIAL TAX
EXEMPTION" 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 subdivision A of Section 81.1 entitled
"Partial tax exemption for certain persons over 65 years
of age" of the City of Ithaca Municipal Code, is hereby amended
as follows:
§ 81.1 Partial tax exempti =on for certain persons over
65 years of age
A. Pursuant to the provisions of Section 467 of the Real
Property Tax Law of the State of New York, real property
in the City of Ithaca owned by one or more persons, each
of whom is 65 years of age or over, or real property owned
by husband and wife, one of whom is 65 years of age or over,
shall be partially exempt from taxation by.the City based
upon the income of the owner or the combined incomes of the
owners. Such partial exemption shall be to the extent set
forth in the schedule following:
ANNUAL INCOME OF OWNER OR
COMBINED ANNUAL INCOME OF OWNERS
Up to $12,025
More than $12,025, but less than
$12,525
$12,525 or more, but less than
13,025
$13,025 or more, but less than
13,525
PERCENTAGE
ASSESSED VALUATION
EXEMPT FROM TAXATION
SO%
45%
40%
35%
141
)42
-20- February 4, 1987
$13,525 or more, but less than
14,025 30a
$14,025 or more, but less than
14,525 250
$14,525 or more, but less than
15,025
The partial exemption provided by this law s
be limited to such property and persons as meet
exclusions and limitations set forth in Section
Real Property Tax Law of the State of New York.
B. Same
200
hall, however,
the conditions,
467 of the
Section 2. That Subdivision A of Section 81.2 entitled
"Limitations on Exemptions" of the City of Ithaca Municipal
Code, is hereby amended as follows:
§ 81.2 Limitations on exemption
No exemptions shall be granted:
A. If the income of the owner or the combined income
of the owners of the property exceeds the sum of Fifteen
Thousand Twenty -Four dollars and Ninety -Nine cents ( 15,024.99)
for the _income tax year immediately preceding the date of
making application for exemption as consistent with the schedule
provided in § 81.1(A). Income tax year shall mean a twelve
(12) month period for which the owner or owners filed a federal
personal income tax return, or if no such return is filed
the calendar year. Where title is vested in either the husband
or the wife, their combined income may not exceed such sum.
Such income shall include social security and retirement
benefits, interest, dividends, total gain from the sale or
exchange of a capital asset in the same income tax year,
net rental income, salary or earnings, and net income from
self- employment, but shall not include a return of capital,
gifts or inheritances. In computing net rental income and
net income from self employment no depreciation deduction
shall be allowed for the exhaustion, wear and tear of real
or personal property held for the production of income. [Subd.
A last amended, Ord. 84 -2, 2/1/84]
B. Same
C. Same
D. Same
Section 3. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in Section 3.11(B) of the Ithaca City Charter.
Carried Unanimously
An Ordinance Amending Chapter 30 Entitled "Zoning" of the
City of Ithaca Municipal Code _Family)
By Al erperson Sc lather: Seconded by Alderperson Killeen
ORDINANCE NO. 87 -
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:
143
-21-
February 4, 1987
Section 1. That paragraph 28 of subdivision (B) entitled
"Specific terms or words" of Section 30.3 entitled "Definitions"
of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal
Code is hereby renumbered as Section 30.3 (B) 28 -a.
Section 2. That a new subparagraph of subdivision B of
Section 30.3 entitled "Definitions" of Chapter 30 entitled
"Zoning" of the City of Ithaca Municipal Code is hereby added
and shall read as follows:
"28 -b. "Functional Family Unit" shall mean a group of
individuals living together in a single dwelling unit and
functioning as a family with respect to those characteristics
that are consistent with the purposes of zoning restrictions
in residential neighborhoods.
a. In determining whether or not a group of unrelated
individuals is a functional family unit under the
definition set forth above, the following criteria
must be present:
1. The occupants must share the entire dwelling unit.
A unit in which the various occupants act as separate
= roomers cannot be deemed to be occupied by a functional
family unit.
Q 2. The household must have stability with respect to
the purpose of the zoning ordinance. Evidence of
such stability may include the following:
i. the presence of minor dependent children regularly
residing in the household;
ii. proof of the sharing of expenses for food,
rent or ownership costs, utilities and other
household expenses and sharing in the preparation,
storage and consumption of food.
iii. whether or not different members of the house-
hold have the same address for the purposes
of:
voter registration
driver's license;
motor vehicle registration;
summer or other residences;
filing of taxes.
iv. common ownership of furniture and appliances
among the members of the household.
V. enrollment of dependent children in local
schools.
Viii. any other factor reasonably related to whether or
not the group or persons is the functional
equivalent of a family.
b. A group of individuals living in the same dwelling
unit shall be presumed not to be a Functional Family
Unit defined in this section if such dwelling unit
contains four or more college students over the age
of 16 years.
Vi. employment of
householders in
the local area.
vii. a showing that
the household
has been living
together as a
unit for a year
or more, whether
in the current
dwelling unit
or other dwelling
units.
Viii. any other factor reasonably related to whether or
not the group or persons is the functional
equivalent of a family.
b. A group of individuals living in the same dwelling
unit shall be presumed not to be a Functional Family
Unit defined in this section if such dwelling unit
contains four or more college students over the age
of 16 years.
It F
-22- February 4, 1987
i. A college student is a person who attends
at least half time any college, university
or other institution authorized to confer
degrees by the State of New York.
ii. For the purpose of this presumption, minor
dependent children of any other member of
the household shall be excluded in calculating
the number of college. students in the household.
C. A group of individuals living together in the same
dwelling unit shall be presumed not to be a Functional
Family Unit as defined in this section if it is occupied
by four or more unrelated adults over the age of
18 years and is not occupied by minor, dependent
children.
d. The presumptions set forth in sections (b) and (c)
above may be rebutted by sufficient evidence of the
characteristics set forth in section (a) above."
Section 3. Section numbered 30.26 (C) entitled "Special
Permits" shall be amended to add a new section numbered Section
30.26 (C) 1 (n) which shall read as follows:
"n. Residential occupancy by a Functional Family Unit
in all districts to the same extent that residential
occupancy without a special permit is permitted by a family
in all districts."
Section 4. Column 2 of the District Regulations Chart,
as made part of Chapter 30 of the City of Ithaca Municipal
Code by section numbered 30.25 entitled :District regulations,"
is hereby amended as follows:
a. Column 2, row R -1 containing a list of permitted
primary uses for an R- l'district is hereby amended to add
a new item numbers "10" which shall read as follows:
1110. Functional Family Units without any additional
occupants (see definition Section 30.3 and special permit
Section 30.26."
b. Item 5 in Column 2, row R -2 containing a list of
permitted primary uses for an R -2 district is hereby amended
to delete the words 117 -9" and replace them with the words
"7 -10" to read as follows:
"5. Uses 7 -10 under R -1."
C. Item 12 in Column 2, row R -3 containing a list of
permitted primary uses for an R -3 district is hereby amended
to delete the words "7 and 8" and replace them with the words
"7 -10" to read as follows:
"12. Uses 7 -10 under R -1."
d. Item 10 in Column 2, row R -U containing a list of
permitted primary uses for an R -U district is hereby amended
to delete the words 117 -9" and replace them with the words Ij
117 -10" to read as follows:
"10. Uses 7 -10 under R -1."
Section S. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in Section 3.11 (B) of the Ithaca City Charter.
149
-27-
February 4, 1987
1. The City of Ithaca Police Department presently has all
Motorola radio equipment and radio console.
2. This action will minimize the inventory of repair parts
which would have to be maintained for the service of
said radio equipment.
3. Labor costs for maintenance and service of a standard
type of equipment will be less than if required to service
several different types of equipment.
4. Present Motorola radio equipment has been satisfactory
to the uses of the City of Ithaca Police Departement.
S. Standardization provides the need for only one service
contract for its entire radio system, whereas additional
contractural agreements would be required for other types
of equipment.
now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision S, of
the General Municipal Law of the State of New York, this
(D Common Council hereby authorizes the standardization of Motorola
= radio equipment as the type of such equipment to be used
m and purchased by the City of Ithaca Police Department during
Q the year 1987.
Carried Unanimously
Revenue Anticipation Notes
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That pursuant to Section 2S of Article 2 of the
Local Finance Law of the State of New York, the City Controller
is hereby authorized to borrow money in the name of and on
the credit of the City of Ithaca for current City expenses
normally paid out of State Aid Per Capita Revenue by the
issuance of a negotiable note or notes, in an amount not
to exceed $1,000,000, and that such note or notes shall be
issued in amounts as may be needed in anticipation of the
receipts of State Aid Per Capita for the current fiscal year
1987 with local banks, and be it further
RESOLVED, That the full faith and credit of the City of Ithaca
hereby is pledged for the payment of and retirement of such
temporary Revenue Anticipation Notes before the close of
said fiscal year.
Carried Unanimously
Tax Anticipation Notes
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That pursuant to Section 24 of Article 2 of Local
Finance Law of the State of New York, the City Controller
is hereby authorized to issue Tax Anticipation Notes in the
name and under the faith and credit of the City of Ithaca,
to fund purposes for which 1987 City Taxes have been levied.
The amount of such Notes shall not exceed $1,000,000, and
such Notes shall be issued to local banks, in amounts as
may be needed, pending the collection of the second installment
of the 1987 City Tax, and be it further
RESOLVED, That the full faith and credit of the City of Ithaca
is hereby pledged for the payment of and retirement of such
temporary Tax Anticipation Notes before the close of said
fiscal year.
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Romanowski
RESOLVED, That bills presented as listed on Audit Abstract
#2/1987, in the total amount of $14,704.38, be approved for
payment.
150
-28- February 4, 1987
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Planning Department Authorized Equipment List
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the 1987 Authorized Equipment List for the
Planning Department be amended to include the purchase of
a slide projector, at a cost not to exceed $441, as requested
by the Director of Planning and Development, and be it further
RESOLVED, That an amount not to exceed $441 be transferred
within the Planning Department 1987 Budget from Account A8020 -425,
Office Expense, to Account A8020 -225, Other Equipment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Account Clerk /Typist Provisional Appointment
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That Laura Predmore be provisionally appointed
to the position of Account Clerk /Typist, at the Ithaca Area
Wastewater Treatment Plant, with an annual salary of $12,648,
that being Step 5 of the 1987 C.S.E.A. - Administrative Unit
Compensation Plan, effective February 9, 1987, as requested
by the Superintendent of Public Works, subject to the usual
probation period in accordance with Civil Service Regulations.
Carried Unanimously
Refurbish Ladder Truck 9939
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That this Common Council authorizes the expenditure
of an amount not to exceed $43,000 from Capital Reserve HIS
- Fire Engines, for the refurbishing of ladder truck #939,
as requested by the Board of Fire Commissioners.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Building Department Transfer of Funds
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That an amount not to exceed $8,817 be transferred
from Account A1990, Contingency, to Safety Insepction Account
A3620 -450, Advertising $2,818, and Account A3620 -205, Furniture
and Fixtures $6,000, as requested by the Building Commissioner,
and be it further
RESOLVED, That the 1987 Authorized Equipment List be amended
to include the purchase of 1 lot of Furniture and Fixtures,
to be determined by the Building Commissioner, at a cost
not to exceed the $6,000.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Acceptance of Donated Land
By Alderperson Dennis: Seconded by Alderperson Haine
WHEREAS, the City of Ithaca has been offered a 0.28 acre
parcel of land identified by Tax Parcel #36 -1 -3.3 and located
at the intersection of Third and Meadow Streets, and
151
-29- February 4, 1987
WHEREAS, the subject land abuts the City owned Ithaca Industrial
Park and may enhance that property's development, and
WHEREAS, the Budget and Administration Committee has reviewed
the offer and recommends that the Common Council accept the
donation of land; now, therefore, be it
RESOLVED, That the Common Council of the City accepts the
donation of the subject land, directs the City Attorney to
effect the transfer of the property and authorizes the City
Controller to make payments to resolve outstanding Property
Tax obligations for the land, calculated to be $744.00.
Carried Unanimously
Police Department Communications Room
By Alderperson Dennis: Seconded by Alderperson Romanowski
RESOLVED, That an amount not to exceed $27,742 be transferred
from A1990, Contingency, to Hall of Justice Account A1622 -435,
Contractual Services, to provide for the relocation of the
Police Department Communications Room, as recommended by
Iq the Board of Public Works and the Police Chief.
�.� Discussion followed on the floor.
A vote on the resolution resulted as follows:
m Carried Unanimously
Q
Planning Department Transfer of Funds
By Alderperson Dennis: Seconded by Alderperson Romanowski
RESOLVED, That an amount not to exceed $3,250 be transferred
from Account A1990, Contingency, to Planning Department Account
A8020 -430, Fees for Professional Services, to pay for the
City's share of certain studies in regards to the Route 96
improvements proposals being conducted by Thomas Niederkorn,
Planning /Environmental Research Consultants of Ithaca.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Bond Authorization
By Alderperson Dennis: Seconded by Alderperson Cummings
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $122,000
SERIAL BONDS AND THE EXPENDITURE OF AN ADDITIONAL $5,467
CURRENT FUNDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW
YORK, TO PAY ADDITIONAL COSTS FOR THE CONSTRUCTION OF A YOUTH
BUREAU FACILITY BUILDING FOR SAID CITY.
WHEREAS, by bond resolution dated February 6, 1985, the Common
Council of the City of Ithaca, Tompkins County, New York,
authorized among other things, the construction of a Youth
Bureau Facility Building at a maximum estimated cost of $900,000,
and authorized the issuance of $855,000 serial bonds of said
City and the expenditure of $45,000 current funds of said
City to pay such cost, and
WHEREAS, it was later determined that the maximum estimated
cost of such project would be $1,514,847, an increase of
$614,847 over that previously authorized, and by bond resolution
dated December 4, 1985, the Common Council of the City of
Ithaca, Tompkins County, New York, authorized the issuance
of an additional $583,000 serial bonds and the expenditure
of an additional $31,847 current funds of said City to pay
additional costs for such project, and
WHEREAS, it has now been determined that the maximum estimated
cost of such project is now $1,642,314, an increase of $127,467
over that previously authorized, and it is now desired to
provide additional funding for such project; now, therefore, be
it
152
-30- February 4, 1987
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
additional costs for the construction of a Youth Bureau Facility
Building, such building to be constructed on parcels of land
either currently owned by the City or to be separately acquired
through annexation and agreement with the Town of Ithaca
at or about 1701 North Cayuga Street -, including the demolition
of an existing structure thereon, the grading and improvement
of the site and the acquisition of original furnishings,
equipment, machinery or apparatus required for the purposes
for which such building will be used, there are hereby authorized
to be issued an additional $122,000 serial bonds of the City
of Ithaca, Tompkins County, New York, and expended an additional
$5,467 current funds of said City.
Section 2. It is hereby determined that the maximum estimated
cost of the aforedescribed Youth Bureau Facility Building
is $1,642,314, which project is hereby authorized at such
maximum estimated cost, and that the plan for the financing
thereof is as follows:
a) By the issuance of
City authorized to
to bond resolution
b) By the expenditure
City authorized to
to bond resolution
the $855,000 serial bonds of said
be issued for such project pursuant
dated February 6, 1985;
of the $45,000 current funds of said
be expended for such project pursuant
dated February 6, 1985;
c) By the issuance of the $583,000 serial bonds of said
City authorized to be issued for such project pursuant
to bond resolution dated December 4, 1985;
d) By the expenditure of the $31,847 current funds of said
City authorized to be expended for such project pursuant
to bond resolution dated December 4, 1985;
e) By the issuance of the additional $122,000 serial bonds
of said City authorized to be issued pursuant to this
resolution; and
f) By the expenditure of the additional $5,467 current funds
of said City authorized to be expended pursuant to this
resolution, which current funds, together with the current
funds described in paragraphs b and d hereof, shall constitute
the down payment required by Section 107.00 of the Local
Finance Law.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is
thirty years, pursuant to subdivision 11 (a) (1) of paragraph
a of Section 11.00 of the Local Finance Law, computed from
February 15, 1985, the date of issuance of the first bond
anticipation note issued in anticipation of the serial bonds
authorized by bond resolution dated February 6, 1985.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale
of the serial bonds herein authorized, including renewals
of such notes, is hereby delegated to the City Controller,
the chief fiscal officer. Such notes shall be of such terms,
form and contents, and shall be sold in such manner, as may
be prescribed by said City Controller, consistent with the
provisions of the Local Finance Law.
0
153
-31- February 4, 1987
Section S. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged
for the payment of the principal of and interest on such
obligations as the same respectively become due and payable.
An annual appropriation shall be made in each year sufficient
to pay the principal of and interest on such obligations
becoming due and payable in such year. There shall annually
be levied on all the taxable real property of said City,
a tax sufficient to pay the principal of and interest on
such obligaitons as the same become due and payable.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not substantially
complied with,
LO and an action, suit or proceeding contesting such validity
is commenced within twenty days after the date of such publication,
m or
Q 3) Such obligations are authorized in violation of the provisions
of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in substan-
tially the form provided in Section 81.00 of the Local Finance
Law.
Discussion followed on the floor.
The question of the adoption of the foregoing amending resolution
was duly put to a vote on roll call, which resulted as follows:
Cummings
Aye
Lytel
Aye
Haine
Aye
Killeen
Aye
Booth
Aye
Peterson
Aye
Hoffman
Aye
Dennis
Aye
Romanowski
Aye
Schlather
Aye
Ayes (10)
Carried Unanimously
GIAC Building - Second Floor
By Alderperson Dennis: Seconded by Alderperson Killeen
WHEREAS, there is presently, or about to be, vacant space
on the second floor of the G.I.A.C. Building, and
WHEREAS, several diverse elements of the community have expressed
an interest in suing this space, either through rental, expansion
of existing G.I.A.C. programs, new programs, cooperative ventures,
or some combination of the foregoing, and
WHEREAS, the G.I.A.C. Board of Directors has already directed
an ad hoc committee of its staff and Board to investigate
the various alternatives available for use of this space,
and has requested that the City provide representation on
this ad hoc committee so as to consolidate this investigative
effort in the interests of efficiency and community harmony:
therefore, be it
RESOLVED, That the G.I.A.C. ad hoc space -reuse committee,
as supplemeted by further City representation herein, be,
and it is, hereby recognized as the official investigative
committee for reviewing and making recommendations with respect
to the future use of the second floor of the G.I.A.C. facility;
and be it further
154
-32- February 4, 1987
RESOLVED, That the Mayor be, and he is, hereby authorized
and requested to appoint four City representatives to this
ad hoc committee, representing the interests of the Department
of Public Works, the Planning Department, the Youth Bureau
and the community at large.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
' Carried Unanimously
Reimbursement for Printing Costs
City Atty. Nash reported that he had received a bill of costs
on behalf of Cornell totaling $2,758.90, in accordance with
the Court of Appeals decision in the case of Cornell Heights
zoning. He asked for the procedure for handling the bill.
Alderperson Dennis responded telling him to refer the bill
to the Budget and Administration Committee who will handle
it.
HUMAN SERVICES COMMITTEE:
Funding Guidelines for Human Service Agency Requests
Alderperson Peterson reported t -at the committee is starting
to talk about revenue requests that are expegted{ �p come
into the committee. In talking with Mike McSS1cK of Human
Services Coalition he said that the committee's guidelines
worked really well last year and that he didn't anticipate
any need of changes, but did suggest that it is very helpful
to indicate some kind of funding guidelines for 1988. The
committee agreed that is something they would like to look
at.
Human Relations Training - Police Department
Alderperson Peterson reported that she had asked Chief Herson
how the human relations training was progressing and he gave
her a packet of information. He said he contacted three
different groups about human relations training and he will
be attending sessions with them within the next week or so.
She said she asked hum what happened to the Task Force for
Battered Women. It appears there is some confusion which
was not straightened out correctly last year when the Task
Force for Battered Women was moved out of revenue sharing
into a line item in the Police Department budget. It doesn't
necessarily need to be used for the Task Force, but at least
should be used as a base for human relations training.
Apparently it is not correctly understood and the committee
will be working on that.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Alternate Si e Par in Committee
Alderperson Killeen reported that the draft of the final
report is being typed and will be circulated to membership
which will include the four members of what used to be called
the Parking Committee of BPW (Nichols, Slattery, Reeves,
Stone) as well as Alderpersons Booth, Peterson and self.
He expects to get comments on the draft from the members
and get it finalized through the Mayor later this month.
He suggested getting it to the Planning Board who are developing
a strategic plan. Parking and traffic are a major part of
the shape of neighborhoods.
Alderperson Romanowski asked if Dryden Road beyond the 200
block as alternate side parking. He said the snow and ice
have been built up and has never been taken care of. Alder-
person Killeen responded that it does have alternate side
parking.
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February 4, 1987
Alderperson Dennis asked if there had been any discussion
about an ordinance that would remove parking in the evening
during the months of November through February, as many cities
have done. He was told that it had been touched upon.
Resolution
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That the Council adjourn in Executive Session to
discuss sale or acquisition of property.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned into Executive Session
at 12:15 a.m.
allista P. Paolangeli
City Clerk
155
FUNCTIONAL FAMILY UNIT ORDINANCE,: CLARIFICATION
[Jithout undercutting, but indeed to strengthen its commitment to the family,
the City of Ithaca is proposing to amend its zoning ordinance
in order to deal more fairly with groups of unrelated persons -::110
live together and act like traditional families. The amendment i_s
necessary in order to comply with the recent ruling by the Court of
Appeals, New York's highest Court, in McMinn v. Town of Oyster Pay.
In that case the Court ruled that is is unconstitutional for a zoning
ordinance to limit its definition of "family" to just those people
who are legally or biologically related to each other.
Ithaca's existing zoning ordinance defines a "family" strictly
in tra(:i_tional terms: i.e. . . "one or more persons occupying a
dwellinc1, all of whom are related by blood, marriage or adoption."
Accordingly, in some of the City's residential districts the City's
ordinance now prohibits larger groups of unrelated persons who live
together. The new ordinance attempts to distinguish between those
groups of unrelated people who nevertheless function as a traditional
family, and those groups of unrelated individuals who do not so
function.
The proposed ordinance will allow a "functional family unit ",
together with traditional families, to reside in all zoning districts
% -,here no., only traditional_ families are permitted.
(600e
A "functional
fa111i_1y unit" consists of a group of'unrelated persons living together
who a]1 share the entire dwelling (and are not living together as
separate roomers) and who are a stable living unit. Any group which
wishes to be treated as a "functional family unit" under the proposed
ordinance must apply for a special permit from Maca's Board "I
Zoning Appeals; the Board will determine whether the group has
demonstrated that it is a "functional family unit." In determining
whether or not a group is a "functional family unit ", the Board will
look at a variety of factors which are listed in the ordinance,
together with any other evidence offered by the group. The purpose
of this inquiry is to determine whether or not the group functions
as a family in terms of dwelling use, transportation needs, densitY,
noise and stability.
The proposed ordinance will not affect a traditional fami1v in
any way. It will also not affect in any way two unrelated persons who
live together anywhere in the City. Further, it will not affect_ in
any way three unrelated persons living together in an owner - occupied
dwelling anywhere in the City.
Ithaca may legitimately attempt to maintain certain areas of the
City as quiet, low density, single- family or two- family residential
neighborhoods Traditional families and groups of unrelated
individuals which function similarly to traditional families should
both be able to live in those areas. The proposed ordinance
accommodates both types of living groups while still maintaining
the characteristics of single and two- family residential nei_ghhorhoods.
RAYMOND M. SCHLATIIER, Chairman
Charter and Ordinance Committee
RICHARD BOOTII, Vice- Chairman
Charter and Ordinance Committee
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