HomeMy WebLinkAboutMN-CC-1987-03-04ri
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PROCEEDINGS
COMMON COUNCIL /TOWN OF ITHACA
Regular Meeting 7:30 P.M. March 4, 1987
PRESENT:
Mayor Gutenberger
Alderpersons (9) - Booth, Cummings', Dennis, Haine, Hoffman,
Lytel, Peterson, Killeen, Schlather
Supervisor, Town of Ithaca - Desch
Board Members, Town of Ithaca - McPeak, Cramer, Leary, Reffensperger,
Howell, Bartholf
Town of Ithaca Attorney - J. Barney
Town of Ithaca Engineer - B. Flumerfelt
Town of Ithaca Clerk - J. Swartwood
ABSENT:
Alderperson Romanowski (excused)
OTHERS PRESENT:
City Attorney - Nash
City Clerk - Paolangeli
City Controller - Spano
Deputy Controller - Cafferillo
Supt. of Public {Yorks - Dougherty
Dir, Planning & Development - Van Cort
Deputy Dir., Planning & Development - Mazzarella
Fire Chief - Olmstead
Dep. Clerk - Brown
Personnel Administrator - Baker
Exec. Dir., Community Development - Goldwyn
Building Commissioner - Hoard
Board of Public Works Comm. - Nichols
Tompkins County Board of Reps. - City Rep. - True
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance
to the American flag.
Mayor Gutenberger welcomed the Town of Ithaca Board.
MINUTES:
Approval of Minutes of January 29, 1987
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the Minutes of the January 29, 1987 meeting
of Council be approved as published.
Carried Unanimously
Approval of Minutes of February 4, 1987
Alderperson Schlather requested the following corrections:
p. 9: Alderperson Hoffman, not Haine, seconded the amending
resolution.
p. 25: SECTION 1. Amending Section 30.26(C)(4)(iv), the
fourth line should read "RESPECTIVELY ", not "RESPECTFULLY"
p. 31: GIAC Building - Second Floor: transposition on
line 2 of second WHEREAS should be corrected to
read "using this space."
Alderperson Booth requested the following corrections and
amendment:
P. 8: City Attorney's Report: Proposed Rate Increase
from ACC - line S should read "parameters ", not
"perimeters."
p. 10: Line 10 should be amended to read "the Collegetown
Neighborhood" and .....
p. 23: Under § 3.1 of Article III, the word "employee"
at the end of line 12 sould be enclosed in single
quotation marks.
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March 4, 1987
Alderperson Peterson requested the following correction:
p. 32: Under Funding Guidelines for Human Service Agency
Requests - line 3 should read Mike "Messitt ",
not "Messick ".
Alderperson Dennis suggested that in the future Common Council
persons having corrections to be made in the Minutes submit them
in writing to the City Clerk prior to the meeting so that she
can report on them at the meeting.
Resolution
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the Minutes of the February 4, 1987 meeting of
Council be approved as corrected and amended.
Carried Unanimously
Approval of Minutes of February 9, 1987 Meeting
By Alderperson Lytel: Seconded by Alderperson Haine
RESOLVED, That the Minutes of the February 9,1987 meeting
of Council be approved as published.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing: Findings and Order of Common Council Approving
Petition for Annexation
Petition for the Annexation of Territory from the City of
Ithaca, County of Tompkins, State of New York, to the Town
of It aca, County of Tompkins, State of New York
Resolution to Open Public Hearing
By Alderperson Lytel: Seconded by Alderperson Dennis
RESOLVED, That the public hearing on annexation be declared open.
Carried Unanimously
Town of Ithaca Supervisor Desch declared the public hearing
on the matter of the annexation of the property on East Shore
Drive to the Town of Ithaca oven.
Mayor Gutenberger explained to the public present the reason
for the joint public hearing.
No one appeared to speak to the hearing.
Resolution to Close Public Hearin
By Alderperson Booth: Seconded by Alderperson Lytel
RESOLVED, That the public hearing on annexation be declared closed.
Carried Unanimously
Town of Ithaca Supervisor Desch declared the Town of Ithaca
public hearing closed.
Designation of Lead Agency - Resolution
By Alderperson Booth: Seconded by Alderperson Killeen
RESOLVED, That this Council designates the Town of Ithaca lead
agency in the environmental review of the proposed annexation.
Carried Unanimously
Resolution
By Town Bd. Member McPeak: Seconded by Bd. Member Cramer
RESOLVED, That the Town of Ithaca accepts the lead agency
status on the annexation of property on East Shore Drive
to the Town of Ithaca.
Carried Unanimously
Determination on Non - Significance
By Town Bd. Member Raffensperger: Seconded by Bd. Member McPeak
RESOLVED, That the Town of Ithaca Town Board, acting as Lead Agent
in the environmental review of the proposed annexation from
the City of Ithaca to the Town of Ithaca of lands presently
identified as City of Ithaca Tax Map Parcels 1 -1 -2 through 1 -1 -14,
such totalling eleven parcels which is an Unlisted Action, hereby
make and does make a negative determination of environmental
significance for this action, as recommended in the review of the
Short Environmental Assessment Form by the Town Planner, dated
February 24, 1987.
Carried Unanimously
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Ado tion of Findin s of Environmental Assessment Form
By Alderperson Boot Seconded by Alderperson Sc lather
RESOLVED, That the City of Ithaca adopts the findings of
the Short Environmental Assessment Form.
Carried Unanimously
Resolution, Findings, and Order of Town Board Approving Petition
or Annexation
By Town Board Member Cramer: Seconded by Board Member McPeak
WHEREAS, a petition, pursuant to Article 17 of the General
Municipal Law, was presented to the Town Board of the Town
of Ithaca on February 9, 1987, for the annexation of certain
territory in the City of Ithaca to the Town of Ithaca, said
territory being described in said petition which is annexed
hereto as Exhibit A, and
WHEREAS, a joint hearing of the Town Board of the Town of
Ithaca and the City Council of the City of Ithaca was duly
held on said petition for annexation, according to the law
in such cases made and provided, at City Hall, City of Ithaca,
108 East Green Street, on March 4, 1987, at which time all
parties interested in the matter were heard and all objections
presented, and
WHEREAS, the Town Board of the
said petition and the evidence
now, therefore, be it
Town of Ithaca has duly considered
presented at said hearing;
RESOLVED, That the Town Board of the Town of Ithaca finds
as follows:
1. That the aforesaid petition for annexation substantially
complies in form and content with Article 17 of the General
Municipal Law.
2. That the proposed annexation of certain territory
in the City of Ithaca to the Town of Ithaca as described
in the aforesaid petition is in the overall public interest
in that said properties can more easily be provided water
and sewer service by the Town of Ithaca, constitute a strip
of land between the Town of Ithaca and Cayuga Lake thereby
making it difficult for them to be served with many City
facilities, and said properties are of a nature and character
more like the Town properties to which they are adjoining
rather than City properties.
3. It is in the overall public interest that the charges
and assumption of debt be waived in the manner set forth
in the agreement between the City of Ithaca and the Town
of Ithaca relating to the annexation of these parcels.
now,therefore, be it
ORDERED, That the consent and approval of the Town Board
of the Town of Ithaca is hereby given to the annexation of
the territory now situated in the City of Ithaca and described
in the aforesaid petition (Exhibit A) to the Town of Ithaca,
and it is further
ORDERED, That a copy of this order be filed in the Office
(Woo.", of the Clerk of the Town of Ithaca and in the Office of the
Clerk of the City of Ithaca forthwith.
The question of the adoption of the foregoing resolution,
findings and order of Town Board approving petition for annexation
was duly put to a vote on roll call, which resulted as follows:
Bartholf Aye
Cramer Aye
Howell Aye
Leary Aye
Ayes (7)
Nays (0)
McPeak Aye
Raffensperger Aye
Desch Aye
Carried Unanimously
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March 4, 1987
PETITION FOR THE ANNEXATION OF TERRITORY FROM THE CITY
OF ITHACA, COUNTY OF TOMPKINS, STATE OF NEW YORK,
TO THE TOWN OF ITHACA, COUNTY OF TOMPKINS,
STATE OF NEW YORK
TO THE COMMON COUNCIL OF THE CITY OF ITHACA, TOMPKINS COUNTY,
NEW YORK:
TO THE TOWN BOARD OF THE TOWN OF ITHACA, TOMPKINS COUNTY,
NEW YORK:
Pursuant to Article 17 of the General Municipal Law of
the State of New York, the undersigned petitioners petition
for annexation of territory from the City of Ithaca to the
Town of Ithaca:
1. Your petitioners propose and petition that the Town
and the City permit and allow to be annexed to the Town of
Ithaca, the territory as more particularly described in Exhibit
"A" attached hereto, and made a part of this petition.
2. The petitioners herein are at least 200 of the persons
residing in said territory, as described on Exhibit A, qualified
to vote for officers of the City of Ithaca, New York.
3. The number of inhabitants of said territory described
in paragraph "1" of this petition adjoining the Town of Ithaca,
which territory the petitioners petition to have annexed
to said Town of Ithaca is approximately 15.
4. Attached hereto, and marked Exhibit "B" is an outline
map of the proposed territory to be annexed.
5. Attached hereto, and marked Exhibit "C" is a certificate
signed by the Board of Elections of Tompkins County, certifying
that the petitioners are at least 200 of the persons residing
in the area proposed to be annexed to the Town of Ithaca,
New York, qualified to vote for officers of the City of Ithaca
as shown on the current election records in Tompkins County,
New York.
IN WITNESS WHEREOF, we have hereunto set our hands and
seal and signed the foregoing petition on the date indicated
below:
1 -30 -87 Cora Sepos
1 -30 -87 Doreen Schriner
2- 2 -87 Diane Griffeth
2- 1 -87 Janet Jonson
Ivar Jonson
EXHIBIT "A"
DESCRIPTION OF AREA PROPOSED TO BE ANNEXED
ALL THAT TRACT OR PARCEL OF LAND situate in the City of
Ithaca, Tompkins County, New york, and being approximately
described as follows: COMMENCING at the intersection of the
east line of the Conrail. right of way which east line is
the boundary between the City of Ithaca and the Town of Ithaca
as presently located and which point of beginning is on or
adjacent to the west line of East Shore Drive at a point
approximately 1320 feet northerly along said westerly line
from its intersection with the northwesterly line of the
Route 13 overpass; running thence on a slight curve to the
right along the easterly line of said Conrail right of way
(formerly the Lehigh Valley Railroad) a total distance of
approximately 1135 feet to a point where the current boundary
line between the City of Ithaca and the Town of Ithaca turns
directly southbound along the former west line of North Cayuga
Street extended to the north, which point is also a westerly
corner of premises shown as tax parcel No. 18 -2 -11 in the
Town of Ithaca, and a northerly corner of tax parcel No. 2 -2 -4
185
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in the City of Ithaca; running thence northerly across the
aforementioned Conrail right of way and on a line sufficiently
westerly to encompass all of the land areas adjacent to the
Conrail line a distance of approximately 1110 feet to the
north line of the City of Ithaca and a south line of the
Town of Ithaca in Cayuga Lake; running thence easterly along
said boundary line a distance of approximately 110 feet to
the point or place of beginning.
It is the intention to annex those properties shown generally
as City of Ithaca tax parcels No. 1 -1 -2, 1 -1 -3, 1 -1 -5, 1 -1 -7,
(400.1 1 -1 -8, 1 -1 -9, 1 -1 -10, 1 -1 -11, 1 -1 -12, 1 -1 -13, 1 -1 -14, and
adjacent areas of Cayuga Lake.
The foregoing description is subject to being corrected
and beng made more precise by an accurate survey and monumenting
pursuant to Section 717 of the General Municipal Law of the
State of New York.
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STATE OF NEW YORK
COUNTY OF TOMPKINS
CERTIFICATE OF
BOARD OF ELECTIONS
)ss.
We the undersigned election commissioners, duly constituting
the Board of Elections of the County of Tompkins, New York,
do herey certify:
1. That the total number of persons residing in the territory
described in Exhibit A of the annexed petition qualified
to vote for officers of the City of Ithaca, wherein such
territory is situated, is seven (7).
2. That the petitioners signing the annexed petition,
(OW0.1 numbering four (4) constitute at least twenty percent (20 %)
of the persons residing in the aforesaid territory qualified
to vote for officers of said City of Ithaca.
Dated: Ithaca, New York
February 9, 1987
Sheri J. Zifchock
Marian R. Gilespie
Resolution, Findings and Order of Common Council Approving
Petition for Annexation
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, a petition, pursuant to Article 17 of the General
Municipal Law, was presented to the Common Council of the
City of Ithaca on February 9, 1987, for the annexation of
certain territory in the City of Ithaca to the Town of Ithaca,
said territory being described in said petition which is
annexed hereto as Exhibit A, and
WHEREAS, a joint hearing of the Town Board of the Town of
Ithaca and the City Council of the City of Ithaca was duly
held on said petition for annexation, according to the law
in such cases made and provided, at City Hall, City of Ithaca,
108 East Green Street, on March 4, 1987, at which time all
parties interested in the matter were heard and all objections
presented, and
WHEREAS, the Common Council of the City of Ithaca has duly
considered said petition and the evidence presented at
said hearing; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca
finds as follows:
186
March 4, 1987
1. That the aforesaid petition for annexation substantially
complies in form and content with Article 17 of the General
Municipal Law.
2. That the proposed annexation of certain territory
in the City of Ithaca to the Town of Ithaca as described
in the aforesaid petition is in the overall public interest
in that said properties can more easily be provided water
and sewer service by the Town of Ithaca, constitute a strip
of land between the Town of Ithaca and Cayuga Lake thereby
making it difficult for them to be served with many City
facilities, and said properties are of a nature and character
more like the Town properties to which they are adjoining
rather than City properties.
3. It is in the overall public interest that the charges
and assumptions of debt be waived in the manner set forth
in the agreement between the City of Ithaca and the Town
of Ithaca relating to the annexation of these parcels.
now, therefore, be it
ORDERED, That the consent and approval of the Common Council
of the City of Ithaca is hereby given to the annexation of
the territory now situated in the City of Ithaca and described
in the aforesaid petition (Exhibit A) to the Town of Ithaca,
and it is further
ORDERED, That
a copy of this
order be filed in
the Office
of the Clerk
of the Town of
Ithaca and in the
Office of the
Clerk of the
City of Ithaca
forthwith, and be
it furtnef
ORDERED, That a special election be conducted in the manner
provided in said Section 713 of the General. Municipal Law
to determine whether the proposed annexation should be approved,
such election to be held within 90 days of the filing of
a copy of this order and the concurring order of the Town
of Ithaca with the respective clerks of each of said municipalities;
and it is further
ORDERED, That the proposition to be submitted at said special
election shall read as follows:
"Shall the territory generally described below be annexed
to the Town of Ithaca"
and the property shall be decribed as follows:
"Several properties on the west side of East Shore Drive
adjacent to Cayuga Lake and adjacent lake properties
identified substantially as City of Ithaca tax parcels
No. 1 -1 -2, 1 -1 -3, 1 -1 -5, 1 -1 -7, 1 -1 -8, 1 -1 -9, 1 -1 -10,
1 -1 -111 1 -1 -12, 1 -1 -13, 1 -1 -14, and adjacent areas of
Cayuga Lake. ";
and it is further
ORDERED, That such special election to be held on March 31,
1987, at the Town of Ithaca Town Hall at 126 East Seneca
Street, Ithaca, New York, from 12:00 noon to 6:00 p.m., and
it is further
ORDERED, That Alberta Colleyacme and Louise Cornish are
hereby nominated election inspectors for such election;
and it is further
ORDERED, That the City Clerk shall give notice of such special
election by publication of a notice in the Ithaca Journal
specifying the time when and the place where such election
will be held, the hours during which the polls shall remain
open for the purpose of receiving ballots, and setting forth
in full all propositions to be voted upon; and it is further
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March 4, 1987
Public Hearing: An Ordinance Amending Chapter 30.26 (C)(4)(iv
by the Deletion of Subparagraph a in its entirety and
Renumbering the Remaining Paragraphs
Resolution to Open Public Hearing
By Alderperson Schlather: Seconded
RESOLVED, That the public hearing to
30.26 (C)(4)(iv) is declared open.
by Alderperson Killeen
consider amending Chapter
Carried Unanimously
Alderperson Schlather explained that the Court of Appeals
in the Cornell Heights case directed that the City not consider
the questton of need when the BZA considers the question
of expansion of educational institutions into residential
zones; the City, therefore, is proposing the amendment of
the ordinance to conform to the Court of Appeals.
Tom Coventeur, 127 Linden Avenue, asked for further explanation
of the Court of Appeals direction. Alderperson Schlather
explained that the Court of Appeals had ruled that portion
of the ordinance is unconstitutional, and there, fore unenforceable.
Resolution to Close Public Hearin
BY Alderperson Schlather: Seconded
RESOLVED, That the public hearing to
30.26 (C)(4)(iv) is declared closed.
by Alderperson Killeen
consider amending Chapter
Carried Unanimously
Public Hearing on the City's 1987 -88 Community Development
Application
Resolution to Open Public Hearing
By Alderperson Dennis: Seconded by Alderperson Lytel
RESOLVED, That the public hearing to consider the City's
1987 -88 Community Development Application is declared open.
Carried Unanimously
Tracy Farrell, 429 W. Buffalo Street, representing Ithaca
Neighborhood Housing Services, Inc. thanked the city for
past support of its work and expressed the hope that it will
continue to show its support by approving the grant application.
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Resolution to Close Public Hearing
By Alderperson Booth: Seconded by Alderperson Schlather
RESOLVED, That the public hearing to consider the City's
1987 -88 Community Development Application is declared closed.
Carried Unanimously
Hearing Community Needs for Cable
Mayor Gutenberger explained that this hearing will conclude
the Community's Needs Assessment Process as spelled out in
the renewal portion of Section 626 of the Cable Communications
Policy Act of 1984. After action by the Common Council the
city will issue a request for proposal to American Community
Cablevision following consideration of the RFP by the Council.
Resolution
By Alderperson Killeen: Seconded by Alderperson Booth
RESOLVED, That the hearing to conclude the Community's Needs
Assessment Process is declared open.
Carried Unanimously
Malinda Runyan, 420 N. Cayuga Street, spoke of issues important
to current and future public access users which she feels
the Council should consider during the franchise negotiations;
guarantee for life of the franchise; policy for access to
be decided by a community board, increase of number of access
channels, provision of insurance to cover damage to equipment
and timely maintenance and update of equipment.
Georgia Griffith, General Manager of American Community Cable -
vision, spoke to the Council, asking for a point person
or small group to be appointed to discuss some of the issues;
asking for an extension of time of from 3 -4 months instead
of 1 month to put together a proposal; and stated that the
company will not agree to pay a fee to apply for a proposal
that Congress has said they have the right to seek.
Vernon Gambrell, 357 Snyder Hill Road, Dryden, N.Y., spoke
to Council, asking them to consider giving ACC an extension
of time to come up with a proposal equitable both to the
community and to the city.
Resolution to Close Public Hearing
By Alderperson Booth: Seconded y Alderperson Lytel
'RESOLVED, That the hearing to conclude the Community's Needs
Assessment Process is declared closed.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Charter and Ordinance Committee
Alderperson Schlather requested addition of Item E, Call
for Public Hearing on the Flood Plain Management Ordinance.
This is actually a transfer of Item F from the Planning and
Development Committee.
No Council person objected.
Planning and Development Committee
Alderperson Cummings requested addition of a Report on Alderperson
Killeen's request for establishment of a Collegetown Steering
Committee.
No Council person objected.
Planning and Development Committee
Alderperson Dennis requested addition of a resolution concerning
§ 30.25 of Chapter 30, Zoning - Zoning Height in Collegetown.
No Council person objected.
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March 4, 1987
Report of Special Committees and Council Liaisons
Alderperson Peterson requested addition of Report from Human
Services Coalition.
No Council person objected.
Report of Special Committees and Council Liaisons
Alderperson Killeen requested addition of two steins: Item
B, Alternate Side Parking Report, and Item C, Stewart Park
Advisory Group Report.
No Council person objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Collegetown
Biccley Townsend, 109 Oxford Place, spoke about Collegetown
rezoning and presented to the Council a report on Cornell
Enrollment Trends /Collegetown Development Trends. Ms. Townsend
supports a 60 -foot height limit in Collegetown.
Si Susan Brown, 227 Bryant Avenue, spoke to Council, calling
d- attention to derogatory remarks which some councilperson(s)
LOhad allegedly made concerning Bryant Park residents; and
= expressed her concern with regard to proposed increased density
in Collegetown and her concern over the proposed 75' height
CD in parts in Collegetown.
Q David Patch, 214 Dryden Road, expressed concern about safety
problems in construction zones in collegetown. He doesn't
think that the people involved in construction are taking
adequate measures to make sure that people who have to travel
through that area aren't going to be in some peril of having
accidents.
Daniel Rudd, 401 Eddy Street, asked the Council to reconsider
and limit building height in Collegetown to 60 feet.
Matt Pawa, 213 Williams Street, spoke in support of a 60'
building height limit in Collegetown. He suggested creation
of a Code of Aesthetics so that the residents don't have
to live in ugly neighborhoods with giant towering yellow
vertical trailer parks overhead. fie thinks such a code might
prevent future travesties such as the one on East Hill.
Jeanne Fadula, 615 N. Aurora Street expressed concern about
low- income housing. She thinks the city should continue
to do everything it can to support the operations of something
like INHS and to expand them into other areas of the city.
She is concerned about the effect of Federal housing cuts
in funding programs such as INNS. She thinks the city should
concentrate on encouraging the development of affordable
housing for low and moderate income families and households.
Section 8 is a good program but clients have to wait months
and years for a Certificate of Residency to open so they
can move into a place. Instead of more pressure being put
on Collegetown she thinks Cornell University shouldn't continue
to be let off the hook but should provide more housing for
students who want to live on campus.
Lve, Kay Gerkin, 116 Mitchell Street, recommended that the paper
presented at the Planning Board meeting the previous evening
be scrutinized by the Ithaca community who will all be affected
by the draft goals for housing development. She suggested
complete rethinking of the Collegetown planning before the
moratorium ends. She said that any development throughout
the city must be sensibly and rationally planned, that a
clear vision and careful planning are of the utmost importance,
not only for ourselves, but for future generations.
190
-10- March 4, 1987
Tom Coventeur, 127 Linden Avenue requested that Council limit
building height in Collegetown to 60 feet. He also expressed
concerns about parking. fie said older houses fixed up are
preferable to tearing them down and replacing them with apartment
buildings.
Robert Goldberg, 401 Eddy Street, spoke in opposition to
alternate side parking as it exists. He asked to speak with
an Alderperson following the meeting to discuss a plan which
he would like to propose.
Mayor Gutenberger suggested he speak with Alerperson Killeen,
Chair of the Alternate Side Parking Sub - committee.
Dooley Kiefer, 629 Highland Road, spoke for the "League of
Women Voters" concerning SEAR. She had questions on Collegetown
rezoning, and whether or not the City is following its own
guidelines in preparing the EAFs. She doesn't believe Common
Council has sufficient information on which to base a Determin-
ation of Non - Significance; there are too many items marked
"unknown ". She asked Council to take another look at the
EAF and see to it that the required information is supplied
before accepting a Determination of Non - Significance. She
asked that this be done in conjunction with reconsidering
the zoning amendments.
Stephen Binhak, 114 Summit Avenue, spoke in favor of 60'
maximum building height in Collegetown. He also called attention
to the problem of traffic congestion and parking problems
which increase with density.
Vernon Gambrell, 357 Snyder Hill Road, reported that the
T.V. broadcast "Octopus Perspectives" has been going quite
well on Tuesday nights and has been expanded to 10:30 p.m.
on Channel 13. They are also conducting an independent poll
of voters in every ward.
Dominick LaCapra, 119 Terrace Place, spoke in favor of 60'
maximum building height in Collegetown. fie said the only
people who would want high density would be the developer
and Cornell Administration.
Jane Pedersen, 206 Elmwood Avenue, referred to the hearing
of the previous evening at which the citizens from all sections
of the city spoke of concern for controlling, moderating,
limiting growth and density and development in Ithaca, keeping
them in reasonable bounds. She said she hoped the council
will pass a resolution which will provide for lower height
and density.
Richard Berg, 806 N. Tioga Street spoke regarding the Rt.
96 issue. He suggested investigating ways of alleviating
the problem of the railroad; specifically, putting gates
in at the crossings at Clinton, State, Seneca, Buffalo and
Third Streets. By having the gates there the trains could
go faster, thereby cutting down the time they take to pass
through the intersections. He urged reinvestigating use
of preemptive signals; and looking into the possibility of
improving existing roadbed between "Third and Buffalo Streets.
In the event that all the intersections are blocked an emergency
vehicle could go down to Third Street, cross by Grossman's,
head back south into the city and proceed on up to the hospital.
PLANNING AND DEVELOPMENT COMMITTEE:
Collegetown Zoning - Amendment to District I Regulations Regarding
Maximum Building Heig-t
By Alderperson Cummings: Seconded by Alderperson Dennis
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RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE
AND PUBLIC HEARING
RESOLVED, That Ordinance No. 87 - entitled "An Ordinance
Amending the Zoning Map and Section 30.25 and 30.59 of Chapter
30, entitled 'Zoning' of the City of Ithaca Municipal Code,"
be and it hereby is introduced before Common Council of the
City of Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing
(amov in the matter of the adoption of the aforesaid ordinance
to be held at the Council Chambers, City Hall, 108 East Green
Street, Ithaca, New York on Wednesday, April 1, 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 (15) days prior to the public hearing, and
be it further
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RESOLVED, That the City Clerk shall transmit forthwith to
the Board of Planning and Development and the Tompkins County
m Planning Board a true and exact copy of the proposed ordinance
Q for their report thereon.
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING THE ZONING MAP AND SECTIONS 30.25 AND 30.59
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 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 -2b, Business District, are reclassified and changed
to the B -2d, 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 -1, thence south along the east boundary
of the right of way of Eddy Street to the southwest corner
of parcel 63 -6 -19, thence east along the south boundaries
of parcels 63 -6 -19, 63 -6 -17, and 63 -6 -14 to the northeast
corner of parcel 68 -4 -3, thence south along the east boundary
of parcel 68 -4 -3 to a point that is 51.6 feet north of the
north boundary line of the right of way of Catherine Street,
thence east along a line that is parallel to the north boundary
line of the right of way of Catherine Street to the northwest
corner of parcel 68 -4 -9, thence east along the north boundary
of parcel 68 -4 -9 to the northeast corner of parcel of 68 -4 -9,
thence south along the east boundary line of parcel 68 -4 -9
to the north boundary of the right of way of Catherine Street,
thence east along the right of way of Catherine Street until
it intersects the west boundary of the right of way of College
Avenue, thence north along the west boundary of the right
of way of College Avenue to the northeast corner of parcel
63 -6 -13, thence west along the north boundary of parcel 63 -6 -13
to the northwest corner of parcel 63 -6 -13, thence south along
the west boundary of parcel 63 -6 -13 to a point that is 14.85
feet south of the northwest corner of parcel 63 -6 -13, thence
west along the south boundaries of parcels 63 -6 -11, 63 -6 -8
and 63 -6 -7.1 to the southwest corner of parcel 63- 6 -7.1,
192
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thence south along the east boundary of parcel 63 -6 -6.2 to
the southeast corner of parcel 63- 6 -6.2, thence west along
the south boundary of parcel 63 -6 -6.2 to the southwest corner
of parcel 63- 6 -6.2, thence north along the west boundary
of parcel 63 -6 -6.2 to a point that is 56.17 feet north of
the southwest corner of parcel 63- 6 -6.2, thence west along
the south boundary of parcels 63 -6 -5 and 63 -6 -4 to the south-
west corner of parcel 63 -6 -4, thence north, west and northeast
along the west boundary of parcel 63 -6 -4 to the southeast
corner of parcel 63 -6 -3, thence west along the south boundaries
of parcels 63 -6 -3 and 63 -6 -2 to the southwest corner of parcel
63 -6 -2, thence north along the west boundary of parcel 63 -6 -2
to the northeast corner of parcel 63 -6 -1, thence west along
the north boundary of parcel 63 -6 -1 to the point of beginning.
B. All that tract or parcels of land described by the following
boundaries: Beginning at the northeast corner of tax map
parcel number 63 -8 -11, thence south along the west boundary
of the right of way of Eddy Street to the southeast corner
of parcel 63 -8 -14, thence west along the south boundary of
parcel 63 -8 -14 to the southwest corner of parcel 63 -8 -14,
thence north along the west boundaries of parcels 63 -8 -14,
63 -8 -13, 63 -8 -12 and 63 -8 -11 to the northwest corner of parcel
63 -8 -11, thence east along the north boundary of parcel 63 -8 -11
to the point of beginning.
C. All that tract or parcels of land described by the following
boundaries: Beginning at the northwest corner of tax map
parcel 64 -2 -1, thence south along the east boundary of the
right of way of College Avenue to the southwest corner of
parcel 64 -2 -28, thence east along the north boundary of the
right of way of Dryden Road to the southeast corner of parcel
64 -2 -26, thence north along the east boundaries of parcels
64 -2 -26 and 64 -2 -25 to the northeast corner of parcel 64 -2 -25,
thence west along the north boundary of parcel 64 -2 -25 to
the northwest corner of parcel 64 -2 -25, thence north along
the east boundaries of parcels 64 -2 -31, 64 -2 -32 and 64 -2 -1
to the northeast corner of parcel 64 -2 -1, thence southwest
along the north boundary line of parcel 64 -2 -1 to the point
of beginning.
D. All that tract or parcel of land described by the following
boundaries: Beginning at the northwest corner of tax map
parcel 64 -10 -1, thence south along the east boundary of the
right of way of College Avenue to the northwest corner of
parcel 67 -1 -3, thence east along the north boundary line
of parcel 67 -1 -3 a distance of 142 feet, thence north in
a straight line parallel to the east boundary of the right
of way of College Avenue to the intersection of the south
boundary of parcel 64 -10 -3, thence east along the south boundaries
of parcels 64 -10 -3 and 64 -10 -6 to the southeast corner of
parcel 64- 10- 6,thence north along the west boundary of the
right of way of Linden Avenue to the northeast corner of
parcel 64 -10 -5, thence west along the south boundary of the
right of way of Dryden Road to the point of beginning.
SECTION 2. AMENDING SECTION 30.25 OF CHAPTER 30
1. That Section 30.25 of Chapter 30, the District Regulations
Chart is hereby amended to add a new zoning district entitled
"B -2d ". All of the district regulations for the B -2d zoning
district shall be the same as those for the B -2b zoning district,
with the exception of the regulations for maximum building
height. In the B -2d zoning district, maximum building height
shall be as follows:
Number of Stories: 6
Height in Feet: 60
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March 4, 1987
193
SECTION 3. AMENDING SECTION 30.59 OF CHAPTER 30
1. That Section 30.59, paragraphs B, C and D are hereby
amended to add the B -2d zoning district to the zones designated
as requiring the review by the Design Review Board of architectural
designs and plans for new construction and alterations of
existing structures. Section 30.59, Section B, Sentence
3 is hereby amended to read as follows (additions are under-
lined): "The zones designated B -lb, B -2b, B -2c, B -2d, and
C -SU on the amended Zoning Map of the City of It aca are
considered to require such control because of their special
(400,1 nature in terms of architectural character, intensity of existing
use and development, sensitivity to the effect of change
in use or other reason. Section 30.59, Paragraph C, Sentence
1 is hereby amended to read as follows: "All applications
for building permits or demolition permits with the zones
designated B -lb, B -2b, B -2c B -2d, and C -SU and all zoning
appeals with the zones designated B -lb, B -2b, B -2c, B -2d,
and C -SU shall be referred to the Design Review Board immediately
upon receipt of such application." Section 30.59, Paragraph
D, Sentence 1 is hereby amended to read as follows: "The
provisions of this Section shall apply to any action within
the B -lb, B -2b, B -2c, B -2d, and C -SU zoning districts of
LO the City of Ithaca, and shall include, but not be limited
to, the following:"
QSECTION'4. 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 Cummings explained why she felt building height
in Collegetown should be limited to 60 feet.
Discussion followed on the floor.
A vote on the resoltuion resulted as follows:
Ayes (1) - Schlather
Nays (8) - Booth, Cummings, Dennis, Haine, Hoffman, Lytel,
Peterson, Killeen
Motion Defeated
Alternate Resolution
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED
CHANGES TO THE ZONING ORDINANCE AND PROVIDING
FOR PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance No. 87 - entitled "An Ordinance
Amending Section 30.25 of Chapter 30 entitled 'Zoning' of
the City of Ithaca Municipal Code," be and it hereby is intro-
duced before Common Council of the City of Ithaca, New York,
and be it further
RESOLVED, That the Common Council shall hold a public hearing
in the matter of the adoption of the aforesaid ordinance
to be held at the Council Chambers, City Hall, 108 East Green
Street, Ithaca, New York on Wednesday, April 1, 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 (1S) days prior to the public hearing, and
be it further
194
-14- March 4, 1987
RESOLVED, That the City Clerk shall transmit forthwith to
the Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed zoning
ordinance for their report thereon.
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 in Section 3.11 (B)
of the Ithaca City Charter.
Carried Unanimously
Recess
Common Council recessed at 9:50 P.M.
Common Council reconvened in regular session at 10:05 P.M.
TOMPKINS COUNTY
City Rep. True,
meeting, had to
but left copies
Waste Managemen'
to the Council.
BOARD OF REPRESENTATIVES:
who was present in the early part of the
leave because of the lateness of the hour
of the county's Declaration of Intent - Solid
Planning Process which were distributed
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Comm. Nichols reported on the following:
Ithaca Festival: After some debate the Board agreed to a
request from the Ithaca Festival that on the Saturday of
the Festival they will close off for all traffic Cayuga Street
between Seneca and Green Streets, and also that would involve
to some extent the block of State Street between Geneva and
Cayuga Streets.
Rate Structure /Permits - Collegetown Garage: The Board is
giving serious consideration to the kinds of rate structure
and kinds of permits they will be using for Dryden Road parking
garage when it opens. They are trying to serve a number
of purposes different from those served by the downtown garages
and so expect that the practices and rates will be different.
They have a suggested series of permits, both night permits
and day permits: long time day permits as well as long
time night permits, short term parking and also an evening
permit. They will furnish copies to the council and hold
a public informational meeting for responses.
Alderperson Hoffman asked Comm. Nichols if the Board's discussion
ties into the proposed tax benefit district that council
intended to use to help pay for this project. Mr. Nichols
responded that the Board wasn't aware that they were involved
vin that. He further stated that on the initial rates that
they are discussing and the estimate of use, the income would
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March 4, 1987
pay for the operation and maintenance and a small part of
the capital cost; if you take the total cost it would pay
about one -half of it.
Alderperson Schlather asked if the Board had gotten the numbers
from the Planning and Development staff which they generated
when they were drawing up proposals for these projects: how
much they could charge, duration of periods, how much revenue
would be generated, etc. Mr. Nichols repsonded that they
did share with Paul Mazzarella their proposals and he wrote
a letter of his reaction. Mr. Schlather asked Mr. Van Cort
to make copies of the materials available to the Board of
Public Works. Mr. Van Cort said this had been done in the
form of a letter of response written by Mr. Mazzarella.
Comm. Nichols said the Board was not involved in the initial
plans for Collegetown Phase I. They are glad to be involved
in the plans for Collegetown Phase II and as a result of
that, particularly Bill Gray's contribution, there has been
a redesign of the area at the intersection of Oak and College
Avenue which they were surprised to learn belongs to the
city, not Cornell University. Therefore, the plan now drawn
up, which he thinks is better than the original, will be
the one to go ahead.
Hangar Theater Extension: The Board gave permission to the
Hangar Theater to go ahead with plans for adding an additional
building for shop. They think the appearance will be quite
reasonable.
Safety Issue in Collegetown: The Board are concerned about
safety issue in Collegetown which was mentioned by one of
the previous speakers. The Superintendent is doing something
to enforce the protection of pedestrians, to make the contractor
provide a safe area for the pedestrians.
Recycling: The Board is going ahead with plans for recycling
in terms of ordering the truck which will be used for recycling
materials, with separate compartments for different kinds
of materials.
MAYOR'S APPOINTMENTS:
Youth Bureau Advisory Board
Mayor Gutenberger requested approval
ment of Mary Chapman, 63 German Cross
901 Dryden Road for three -year terms;
Elm Street Extension, for a two -year
Advisory Board.
of the council for appoint -
Road and Francis Shattuck,
and Sam Leonardo, S69
term on the Youth Bureau
Resolution
By Aldperson Killeen: Seconded by Alderperson Booth
RESOLVED, That this council approves appointment of Mary
Chapman and Francis Shattuck for three -year terms, and Sam
Leonardo for a two -year term on the Youth Bureau Advisory
Board.
Carried Unanimously
Affirmative Action Committee
Mayor Gutenberger requested approval of the council for appoint-
ment of Joan Russell, 206 South Geneva Street, for a three -year
term on the Affirmative Action Committee.
Resolution
By Alderperson Cummings: Seconded by Alderperson Dennis
RESOLVED, That this council approves appointment of Joan
Russell for a three -year term on the Affirmative Action Committee.
Carried Unanimously
941
-lb- March 4, 1987
CITY ATTORNEY'S REPORT:
American Communit Cablevision
City Atty. Nash reported that he had provided council and
the Ithaca Cable Commission with copies of the legal paper
served on the city by the cable company and his draft response.
Fie asked for questions or comments within the next couple
of days.
Alderperson Schlather asked Atty. Nash to clarify the time
constraints for the review process with regard to the franchise.
Atty. Nash repsonded that the city has a 4 month period from
the time the public review procedures end in which to review
the proposal and make a determination. It appears the city
ended those procedures tonight. The- -City nas tour months
to receive a proposal from the cable operator and take some
action on it. Mr. Schlather asked if that meant the city
would be cutting into its own review time to give the cable
company more time to prepare a proposal as they requested.
Atty. Nash responded that it does.
Alderperson Lytel reported that he had talked to Jean Rice
who said the city could agree to give ACC 2 months to respond
if they are willing to put on paper that they are willing
to agree on a 1 month extension of that deadline. Mr. Schlather
asked Atty. Nash to research the law to see if that could
be done.
PLANNING AND DEVELOPMENT COMMITTEE:
Community Development Application 1987/88
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, Common Council recognizes the need to continue efforts
which enhance and preserve residential neighborhoods, promote
job creation and retention, and improve community facilities,
and
WHEREAS, the Planning and Development Committee has reviewed
the proposed Community Development Grant Application as adopted
by the Ithaca Urban Renewal Agency /Community Development
Agency and endorsed by the Planning and Development Board;
now, therefore, be it
RESOLVED, That the Common Council approve the 1987 -1988 Community
Development Block Grant Small Cities budget and programs
as recommended by the Ithaca Urban Renewal Agency /Community
Development Agency, and be it further
RESOLVED, That the Mayor and hereby is authorized and directed
to sign upon advice of the City Attorney and the Director
of Planning and Development any and all instruments necessary
to submit the City's 1987 -1988 Community Development application
to the United States Department of Housing and Urban Development.
Alderperson Dennis noted that the agency has a three - pronged
applicaiton this time: housing component, an economic development
component and also some community facilities; he hopes the
application will fare better than last time.
Discussion followed on the floor. Glenn Goldwyn answered
questions about the application.
Alderperson Hoffman commented that lie could not support the
resolution because of the economic development component.
He objects to using public funds to subsidize selected, private
businesses. He said he supports the INHS programs and hopes
they get this assistance. He said he doesn't want to discourage
the businesses involved in this package, in fact the improvements
suggested for the West end will have a positive effect there,
but he can't philosophically support them.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Cummings, Dennis, Haine, Lytel, Peterson,
Killeen, Schlather
Nay (1) - Hoffman
Carried
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UNFINISHED AND MISCELLANEOUS BUSINESS:
Cable Communication's Request for Proposal
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Mayor is hereby authorized an directed
to issue a request for proposal to American Community Cable -
vision to be submitted to the City no later and Monday, April
6, 1987.
Discussion followed on the floor.
Alderperson Lytel requested that in the RFP on page V, Sth
(Wooe line from the bottom be amended to read: "in good faith
discussions ".
Alderperson Dennis commented on structuring of a committee
to be composed of two alderpersons (Schlather, Lytel), two
Ithaca T.V. Cable Commission members (Fletcher, Dunnam),
one staff person (Thys Van Cort), along with City Atty. Nash
and Jean Rice (consultant) for assistance. Thys Van Cort
was designated as contact person by Mayor Gutenberger.
1H Alderperson Booth commented on the final draft of the RFP:
Iq the document is not clear in places; he questioned the meaning
LO of some terms or phrases used. Alderperson Peterson called
attention to a list of typos and punctuation errors.
m ,Mayor Gutenberger asked if the Council wanted to deal with
Q the issues of legality of the cost reimbursement portion
and the request for extension of time.
Ms. Griffith, General Manager of ACC, spoke to the council
as follows on what ACC perceive the procedures to be as set
up two years ago: "When you passed a resolution two years
ago to appoint the Cable Commission to have ascertainment
hearings to decide what the community wanted you asked for
a report back to the city. A year ago you hired a consultant
also to get information to find out what the city residents
want from a franchise. With that procedure in place I think
it is reasonable for us to assume that you were going to
give us some kind of detailed information which this RFP
doesn't provide on a number of issues about what you wanted
from a refranchise proposal. I don't think it is reasonable,
Ray, for you to say that we should have submitted a proposal
during this information gathering time that you set up. We
didn't have this information that you were going to give
us and we still don't have it and that is why we want you
to find someone to answer some questions on a one -to -one
basis, or whatever, so we know what you want."
Alderperson Schlather responded: "The needs assessment is
not done for the benefit of the franchisee. It is done for
the benefit of the franchisor and therefore it is not incumbent
upon the city to go through this two -year process and then
feed this information to ACC. The city's only responsibility
was to begin the process in the six -month window commencing
thirty -six months prior to termination of the franchise,
which we did do, and we were to conduct a needs assessment
process and use that on our own to develop a request for
proposal. And that is exactly what we have done and we have
surveys and you have indicated you have the institutional
Alderperson Schlather explained that
the
four -month period
began tonight and however much time it
takes to get the
RFP out means we have that much less
time
to negotiate. He
said there is no requirement that we
give
ACC even a month.
(woo.'
Under the law they could have submitted
own initiative. They didn't have to
a
wait
proposal on their
until this time.
He requested the council let it go as
is.
After that time
if they need more time they can make
a request;
we will determine
if it will fly legally and we can act
on
it at that point.
Ms. Griffith, General Manager of ACC, spoke to the council
as follows on what ACC perceive the procedures to be as set
up two years ago: "When you passed a resolution two years
ago to appoint the Cable Commission to have ascertainment
hearings to decide what the community wanted you asked for
a report back to the city. A year ago you hired a consultant
also to get information to find out what the city residents
want from a franchise. With that procedure in place I think
it is reasonable for us to assume that you were going to
give us some kind of detailed information which this RFP
doesn't provide on a number of issues about what you wanted
from a refranchise proposal. I don't think it is reasonable,
Ray, for you to say that we should have submitted a proposal
during this information gathering time that you set up. We
didn't have this information that you were going to give
us and we still don't have it and that is why we want you
to find someone to answer some questions on a one -to -one
basis, or whatever, so we know what you want."
Alderperson Schlather responded: "The needs assessment is
not done for the benefit of the franchisee. It is done for
the benefit of the franchisor and therefore it is not incumbent
upon the city to go through this two -year process and then
feed this information to ACC. The city's only responsibility
was to begin the process in the six -month window commencing
thirty -six months prior to termination of the franchise,
which we did do, and we were to conduct a needs assessment
process and use that on our own to develop a request for
proposal. And that is exactly what we have done and we have
surveys and you have indicated you have the institutional
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materials. The law permitted ACC on its own to submit a
proposal at any time and we have completed our needs assessment
process, the four month period is beginning to run today
and let's go on with it. The offer remains open, you've
heard the Mayor, he's made some comments. There is no question
that if ACC can satisfy the city that it needs more time and
that, more importantly, it is waiving any rights that are
otherwise granted to it under Section 63S of the Act which
it can later rely upon if the city chooses not to renew the
franchise, in other words that section provides that ACC
may claim procedural defects as a basis for setting aside
a denial of renewal and if ACC is willing to waive the right
to make such a claim by extension of the deadline, and our
council is satisfied that the waiver will stand up in court
and will survive any subsquent federal lawsuit, then I'm
sure the city would be amenable to extension, but we need
not get to that point at this time."
Further discussion followed during which Atty. Hines, representing
ACC, asked questions to which council. responded.
A vote on the resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
Certified Local Government Grant Application
By Alderperson Dennis: Seconded by Alderperson Haine
WHEREAS, Common Council, on August 7, 1985, authorized the
Planning and Development Department to submit a Certified
Local Government Grant Application to the New York State
Division of Historic Preservation for survey work to document
areas of the City for Historic District Designation, and
WHEREAS, the City has received an award of $4,540 from the
Certified Local Government Program to conduct an Architectural
Resources Survey of Cornell Heights, and J.,
WHEREAS, a local match of $4,540 is required; now, therefore,
be it
RESOLVED, That the 1987 Adopted Budget be amended as follows:
Increase Appropriations $9,080
Increase Revenues $4,540
Increase Appropriated Cash Surplus $4,540
Carried Unanimously
Certified Local Government Sub -Grant Application
By Alderperson Dennis: Seconded by Alderperson Cummings
WHEREAS, Common Council, on February 4, 1987, authorized
the Planning and Development Department tb submit a Certified
Local Government Sub -grant Application, in the amount of
$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, and
WHEREAS, the total cost of the Survey will be $2,500, of
which $1,250 has already been provided in the Planning Department
1987 Operating Budget, and
WHEREAS, a local match of $1,250 is required; now, therefore,
be it
RESOLVED, That the 1987 Adopted Budget be amended as follows:
Increase Appropriations $1,250
Increase Revenues $1,250
Carried Unanimously
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Rice Associates Contract
By Alderperson Dennis: Seconded by Alderperson Cummings
WHEREAS, Common Council, on February 9, 1987, approved the
signing of a Contract with Rice Associates, for up to $31,000,
to provide additonal services relating to cable refranchising;
now, therefore, be it
RESOLVED, That the 1987 Adopted Budget be amended as follows:
Increase Appropriations $31,000
Increase Appropriated Cash Surplus $31,000
Discussion followed on the floor.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the resolution be amended to read $21,000
instead of $31,000.
Ayes (4) - Schlather, Dennis, Hoffman, Peterson
Nays (5) - Booth, Lytel, Haine, Killeen, Cummings
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (8) - Dennis, Hoffman, Peterson, Booth, Lytel, Haine
Killeen, Cummings
Nay (1) - Booth
Carried
City Attorney Transfer of Funds
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That $2,759 be transferred from Account A1990,
Contingency, to City Attorney Account A1420 -430, Fees for
Professional Services, to reimburse Cornell University for
their costs related to the Cornell Heights case, as ordered
by the State of New York Court of Appeals.
Carried Unanimously
Extension of County Tax Warrant
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the City Chamberlain be authorized to request
the County of Tompkins to extend its warrant for collection
of the 1987 State and County Taxes until June 1, 1987.
Carried Unanimously
Tax Roll Correction
By Alderperson Dennis: Seconded by Alderperson Killeen
WHEREAS, this Common Council is informed that an error has
been made in the 1987 City of Ithaca Tax Roll, namely Parcel
96- 2 -1.2, owned by the Ithaca Urban Renewal Agency, which
Parcel was erroneously included in the taxable portion of
the 1987 Tax Roll. when it should have been in the exempt
portion; now, therefore, be it
199
RESOLVED, That Parcel 96 -2 -1.2 be transferred to the exempt
portion of the Tax Roll and the City Chamberlain be authorized
and directed to expunge $1,450.44 which represents both installments
of the 1987 City Taxes, and be it further
RESOLVED, That the 1987 Tax Roll, approved by this Common
Council on December 3, 1986, be and it hereby is corrected,
which will produce a final evaluation, as follows:
Present Tax Roll Corrected Tax Roll
84,325,150 Value of Land 84,325,150
516,459,175 Valuation of Buildings 516,459,175
$600,784,325 Total. Valuation of Real $600,784,325
Property
$309,601,463 Less: Valuation of Exempt 309,693,263
Property
$291,182,862 $291,091,062
18,509,199 Valuation of Special 18,509,199
Franchises
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20- March 4, 1987
$309,692,061 Net Valuation of Taxable $309,600,261
Property
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Civil Service Agreement
By Al erperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the Mayor and City Clerk be authorized and
directed to execute an Agreement between the City of Ithaca
and the Ithaca City School District for performance by the
City of services in connection with Civil Service matters,
for the period July 1, 1987 to June 30, 1988, in an amount
of $14,274.50, payable to the City of Ithaca on or before
November 1, 1987.
Carried Unanimously
Amend Finance Department Personnel Roster
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1987 Authorized Personnel Roster of the
Finance Department be amended as follows:
Add 1 Senior Account Clerk /Typist Position
Delete 1 Senior Clerk Position
Carried Unanimously
Amend D.P.W. Equipment List
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the 1987 Department of Public Works Authorized
Equipment List be amended to include the purchase of 1 table
and 50 chairs for the second and fourth floor conference
rooms, as requested by the Superintendent of Public Works,
at a cost not to exceed $1,250, and be it further
RESOLVED, That an anount not to exceed $1,250 be transferred
from Account A1990, Contingency, to City Hall Building Account
A1621 -205, Furniture and Fixtures.
Carried Unanimously
Amend D.P.W. Equipment LIst
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1987 Department of Public Works Authorized
Equipment List be amended to include the purchase of a printer
for the Streets and Facilities Office, as requested by the
Superintendent of Public Works, at a cost not to exceed $2,995,
and be it further
RESOLVED, That an amount not to exceed $2,995 be obtained
from existing funds within the Department of Public Works,
as follows:
Streets Administration Account A5010 -120 $1,573
Streets Administration Account A5010 -210 711
Bus Operations Account A5630 -210 711
$2,995
Carried Unanimously
Amend D.P.W. Personnel Roster
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1987 Authorized Personnel Roster of the
Department of Public Works be amended, as follows:
Add 1 Civil Engineer Position
Delete 1 Assistant Engineer Position
and be it further
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March 4, 1987 201
RESOLVED, That the Civil Engineer's position be placed in
the Executive Union Bargaining Unit, with a salary range
of $27,460 - $34,663.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That bills presented, as listed on Audit Abstract
#4/1987, in the total amount of $11,650.31, be approved for
payment.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Criteria for Funding - Human Service Agencies
By Alderperson Peterson: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca will consider appropriating a
portion of its 1988 general operating funds for support of
local human service agencies, and
WHEREAS, the Human Services Coalition is funded in part by
the City of Ithaca to provide an objective overview of human
service needs and provision, and to evaluate requests for
City support; now, therefore, be it
RESOLVED, That all 1988 requests for City funding from private
agencies seeking to provide non - mandated human services shall
be submitted to the Human Services Coalition for review and
by their time deadlines, and be it further
RESOLVED, That the Coalition
the Human Services Committee
1S, 1987, and be it further
shall report its findings to
of Common Council by August
RESOLVED, That the following criteria shall be used by the
Coalition in its review of requests:
A -1. The application shall be received by the Human Services
Coalition by Friday, May 29, 1987 and the applicant
must complete the Human Services Coalition review process
in a timely manner.
A -2. An application may be reviewed either through the Human
Services Coalition review for human services proposals,
or through the process review for other types of proposals,
but not both.
A -3. The applicant must also request funding from the County
and /or appropriate town(s) if more than So of those
served by the proposal are not City residents.
A -4. Applicant must submit the following materials: budgets
for 1987 and 1988, financial reports for 1985 and 1986,
and enumeration of other funding sources.
B. The Coalition shall award points for the degree to which
the proposal meets the following criteria, on a scale of
(awrl 1 to S, S being the most desirable rating, for each criterion;
if applicant does not supply sufficient informaiton for Coalition
to make a judgment; proposal receives zero points in each
such case.
B -l. Proposal will serve City residents in proportion to
City funding requested compared to total program budget.
B -2. The proposal will serve an identified need which does
not duplicate another service, with higher points allocated
in proportion to the severity of the problem in the
City.
202 -22- March 4, 1987
B -3. Points will be allocated in proportion to the severity
of the effect on or demand for services from City departments
and /or other human service providers if this proposal
is not funded by the City.
B -4. The proposal is designed to effectively meet the needs
of its clients; proposal includes measurable objectives.
B -5. Applicant's agency demonstrates sound management practices.
(ex. - Review agency evaluations, audits, etc.)
B -6. Population to be served by proposal can be shown to
be a population in financial need (i.e. Federal poverty
guidelines).
B -7. Agency has thoroughly sought other sources of funding.
B -8. Smaller amount requests to be favored under the point
system:
$2000 or less = 5 6001 - 8000 = 2
2001 - 4000 = 4 8001 - 10,000 = 1
4001 - 6000 = 3 over 10,000 = 0
B -9. Agency has demonstrated extreme financial need for
itself due to increased case load or loss of funding
or extreme financial need on the part of the clients
it serves - up to 3 points.
and be it further
RESOLVED, That the Human Services Coalition shall review
all proposals that meet criteria A -1 through A -4, shall recommend
whether each request should be fully or partially funded,
and shall inform the applicant of the Coalition's recommendation
and make a copy of such report available to the applicant.
Carried Unanimously
Alderperson Peterson noted that the committee will be talking
about funding guidelines for the requests in their March
meeting.
Criteria for Funding - Other Agencies
By Al erperson Peterson: Seconded by Alderperson Hoffman
WHEREAS, the City of Ithaca has in the past appropriated
funds to private agencies for cultural enrichment, economic
promotion, and other purposes aside from human services, and
WHEREAS, the Common Council intends that in the future all
such requests be subject to a standardized review process;
now, therefore, be it
RESOLVED, That a review committee consisting of 3 Common
Council members appointed by the Mayor and assisted by the
staff of the Planning Department and Finance Department,
be established to review all private 1988 requests for non -
mandated City funding that are not subject to Human Services
Coalition review, and be it further
RESOLVED, That the following requirement and criteria shall
be applied to all such requests:
Requirements
1. All applications for 1988 funding must be submitted in
writing to the City Clerk by May 29, 1987.
2. An application may be reviewed either through the Human
Services Coalition review for human services proposals, or
through the process described here for other proposals;
but not both.
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March 4, 1987
203
3. Each application must include a statement that explains
how the activity proposed for City funding will benefit
the social, cultural, economic and /or environmental well-
being of City residents, in terms as specific as possible:
what groups will be served; how many people will be benefited;
what will be the duration of the benefit.
4. If more than So of these served by the proposed activity
are not City residents, the applicant must also request
funding from the County and /or appropriate towns.
S. Each application must include: budgets for 1987 and 1988;
financial reports for 1985 and 1986; enumeration of
other funding sources.
Criteria
The review committee shall award points for the degree to
which the proposed use of City funds meets each of the following
criteria. If applicant does not supply sufficient information
for the committee to make a judgment, the proposal shall
receive zero points in each such case.
Iq 1. The proposed activity will benefit the social, cultural,
LO economic and /or environmental well -being of residents
= of the City of Ithaca.
[n 1 -10 points
Q 2. The proposal will serve City residents in proportion
to City funding requested compared to the total program
budget.
1 -S points
3. The proposal will serve an identified need and does not
duplicate another service, with higher points allocated
in proportion to the extent of the need in the City.
1 -S points
4. The proposal is designed to effectively meet the needs
of those to be benefited; and the proposal includes measurable
objectives.
1 -S points
S. Applicant's agency demonstrates sound management practices.
1 -S points
6. The proposed activity will especially benefit a population
in financial need (i.e., below Federal poverty guidelines)
or the handicapped.
1 -S points
7. The proposal will produce a long -term benefit (e.g.,
one that is physically permanent).
1 -S points
8. Points will be allocated according to the size of the
request:
$2000 or less = S 6001 - 8000 = 2
2001 - 4000 = 4 8001 - 10,000 = 1
4001 - 6000 = 3 over 10,000 = 0
and be it further
RESOLVED, That the review committee shall, by August 1S,
1987, recommend to the Human Services Committee of Common
Council whether each request should be funded, in part or
in full, and shall inform the applicants of its recommendations,
and be it further
204
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March 4, 1987
RESOLVED, That the Human Services Committee shall make its
own recommendations to the Mayor for consideration in the
1988 budget, by September 1, 1987.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Cummings, Haine, Hoffman, Lytel, Peterson,
Killeen, Schlather
Alderperson Dennis was not in the room when the vote
was taken.
Carried
Police Department - Staffing Review
Alderperson Peterson reported tashe had sent copies to
all Council members and the Mayor for their review. She
said the committee had talked with Police Chief Herson and
the Police Commissioners and reviewed the recommendations
with them, but no choices or decisions were made that evening.
The committee will be taking it up again at their March meeting.
Recreational Facilities Planning
Alderperson Peterson reported that part of the committee's
request to the Human Service Coalition was to do a study
on recreational facilities in the Ithaca City School District
and outlying areas' state parks. The Asst. Director of the
Human Services Coalition presented her initial work, outlining
the facilities she would be looking at; she also has the
assistance of two professors at Ithaca College who will help
her devise a system to rate in a clear fashion what kind
of facilities we have so it should be easy to look at, see
what is lacking and where the facilities are.
CHARTER AND ORDINANCE COMMITTEE:
Zoning Ordinance Amendment (Educational Institutions and
Special Permits in Resi ential Zones ) - Determination of
Non- Significance
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, an ordinance amending Section 30.26 of Chapter 30
of the Ithaca Municipal Code which deletes the special permit
requirement that an applicant demonstrate need to expand
an educational use into a residential area is presently before
the Common Council for consideration, and
WHEREAS, appropriate environmental review has been conducted,
including the preparation of the short environmental assessment
form EAS, and said form is filed in the City Clerk's Office,
and
WHEREAS, it appears that this proposed action is an "unlisted"
action under the State Environmental Review Act (SEQR), including
the Part 617 regulations thereunder, and may be a Type 1
action under the City Environmental Quality Review Act (E.Q.R.
§ 36.5 (B)(5)); and
WHEREAS, it appears that the proposed action is mandated
by the Court of Appeals in the Cornell Heights case, and
is otherwise consistent with legitimate planning objectives,
and
WHEREAS, it appears that the proposed action 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 does hereby adopt as its own the findings
and conclusions more fully set forth in the short environmental
assessment form, and be it further
205
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RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action will not
have a significant effect on the environment and that further
environmental review is unnecessary under the circumstances,
and be it further
RESOLVED, That this resolution shall constitute notice of
this negative declaration and the City Clerk be and she is
,iereby 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 Plannig and Development and any
other parties as required by law.
Alderperson Schlather responded to D. Kiefer and the League
of Women Voters' concern: "we have tried to follow the environ-
mental review process. I appreciate her constructive criticism
with respect to getting a notice to the CAC and I would ask
that the Clerk's office, when it is the Charter and Ordinance
doing it, or the Planning Department, when the Planning Committee
is involved, that they make a note to routinely send the
drafts of these environmental reviews to the Conservation Advisory
K. Council as part of the routine of this process."
LO Alderperson Peterson asked if he feels that changing the
Z process without changing the wording of the EQR Ordinance
M will take care of that; the language says a department receiving
Q an EAF has to pass it to the CAC, so material generated within
the city wasn't coming through that quickly.
Alderperson Schlather responded that as a matter of practice
he thinks we should send the zoning changes to the CAC.
A vote on the resolution resulted as follows:
Carried Unanimously
An Ordinance Amending Section 30.26 of Cha ter 30 Entitled
"Zoning" of the City of Ithaca Municipal Code
By Alderperson Schlather: Seconded by Alderperson Dennis
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) RESPECTIVELY, 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
site in relation to
with the use and the
the operations shall
hazard to the safety
area.
size of the use, the size of the
it, and the operations in connection
parking and traffic related to
not be such as to create a significant
or general welfare of the surrounding
206 -26- March 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 the 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 takes 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.
A vote on the resolution resulted as follows:
Carried Unanimously
Introduction of Zoning, Ordinance (Section 10.59 (C) of Chapter 30) and !'io��ision
4�cAMIt/��Uklp�/ for Publ is Notice ind Public hearing
y A derperson chlat er: Seconded by Alderperson Killeen
RESOLUTION INTRODUCING ZONING ORDINANCE AND PROVIDING
FOR PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED, That Ordinance No. 87 - entitled "An Ordinance
Amending Section 30.59 (C) of Chapter 30 of the City of Ithaca
Municipal Code be and it hereby is introduced before the
Common Council of the City of Ithaca, New York, and be it
further
RESOLVED, That the Common Council shall hold a public hearing
in the matter of the adoption of the aforesaid ordinance
to be held in the Council Chambers, City Hall, at No. 108
East Green Street, in the City of Ithaca, New York, on Wednesday,
the 1st day of April, 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.
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING 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:
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"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
f" 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 advice when exterior design
changes are proposed. New or additional front entrances
of accessory apartments must have the approval of the Design
Review Board.
d' SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided
co in Section 3.11 (B) of the Ithaca City Charter.
Q
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
New York State Public Health Council's Smoking Regulations
By Alderperson Schlather: Seconded by Alderperson Killeen
NEW YORK STATE PUBLIC HEALTH COUNCIL'S
SMOKING REGULATIONS
RESOLUTION OF ENDORSEMENT
WHEREAS, the New York State Public Health Council has adopted
certain regulations pertaining to smoking, both in public
and private including locations of assemblage, recreation,
work, commerce and public business, and
WHEREAS, these statewide regulations are scheduled to take
effect on or about May 6, 1987, and
WHEREAS, these regulations are consistent with the objectives
of the Ithaca City Common Council in regulating smoking in
the City of Ithaca, and
WHEREAS, by implementation of these regulations statewide
the adoption of parallel regulations within the City of Ithaca
is no longer necessary; now, therefore, be it
RESOLVED, That the Ithaca City Common Council does herewith
formally endorse the regulations of the New York State Public
Health Council as adopted by that body on or about February
7,1987, effective statewide on or about May 6, 1987, and
be it further
RESOLVED, That the Ithaca City Common Council does herwith
direct the Ithaca City Clerk to distribute certified copies
of this resolution of endorsement to Gov. Mario Cuomo, State
Senator James Seward and Assemblyman Hugh S. McNeil, as well
as the New York State Public Health Council.
207
208 -28- March 4, 1987
Alderperson Schlather requested that the record reflect that
the committee had been considering their own smoking legislation
but they didn't go forward with it, not because they had
no interest in it, but simply because they didn't wish to
duplicate what the state is doing, or alternatively, create
conflicting legislation with the state. It was the sense
of the committee that we have one set of regulations statewide
and those will be the state regulations. He said there has
been some concern, since the committee acted on this, that
some council members have not actually seen the state legislation
and because of that he was prepared to move to table this
resolution for a month to give everybody a chance to review
that state regulations.
Discussion followed on the floor.
Tabling Resolution
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the Endorsement of New York State Public
Health Council's Smoking Regulations be tabled for one month
to afford the entire council the opportunity to review the
state smoking regulations.
Carried Unanimously
Proposed Amendment of Chapter 38 Entitled "Flood Plain Management"
of the City of Ithaca Municipal Code
By Al erperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the Common Council shall hold a public hearing
in connection with the amendment of Chapter 38 Entitled "Flood
Plain Management" of the City of Ithaca Municipal Code, to
be held in the Council Chambers, City Hall, at No. 108 East
Green Street in the City of Ithaca, New York, on Wednesday,
April 1, 1987 at 7:30 o'clock p.m.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Housing Report
Alderperson Cummings reported that Planning Department is
going to have some ranges of numbers together in the amended
Housing Affordability and Availability Study in about two
weeks. She added that she hopes, if people are looking for
information on an ongoing basis, if there is anything pulled
together, that it be made available to council members who
are looking for it.
Residential Parking Permit System - Home Rule Message for
Authorizing Legislation
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the Common Council of the City of Ithaca has determined
that the implementation of a Residential Parking Permit System
is an important step toward the resolution of parking and
traffic congestion problems in the City of Ithaca, and
WHEREAS, the Common Council has authorized the preparation
and submission of proposed legislation will give the City
of Ithaca the authority to implement a Residential Parking
Permit System, and
WHEREAS, a bill to provide for the implementation of a Residential y,
Parking Permit System has been drafted by the Planning and
Development staff and the Corporate Counsel, and
WHEREAS, said bill has been introduced in the Assembly and
in the Senate; now, therefore, be it
RESOLVED, That Common Council does hereby affirm its approval
and support for State Assembly Bill Number A3976 and State Senate
Bill Number S2923, and be it further
RESOLVED, That Common Council does hereby request the approval
of said bills by th? N,;w York State Legislature, and be it further
RESOLVED, That th-, Mayor and City Clerk are authorized to prepare
and forward the necessary Home Rule : "essage to the Legislature.
NH
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Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
NYSCA /Grant for Farmers' Market
Alderperson Cummings reported that Helen Jone had sent a
memo to all members of the council telling them that the
city has received $7,000 from NYSCA toward the Bob Leathers
Study on the Feasibility of the Farmers Market site, and
they are ready to move ahead with that. There will be a
report back to council on the first phase feasibility findings.
Collegetown Steering Committee
Alderperson Cummings reported that, in view of the many concerns
which have been brought before them from the public regarding
the ongoing construction, the alderpersons from the ward
felt that there would be a need to have a coordinating force
active within that community and suggested that this committee
which had been successful be reactivated. The committee
talked about it for a while and felt that it was also a process
that the Mayor ought to be involved in, on determining whether or
not to go ahead with the Collegetown Steering Committee.
Alderperson Killeen spoke regarding the need for the Steering
Committee.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Human Services Coalition
Liaison Peterson reported that she is serving on the Search
Committee which is seeking a replacement for Mike Messitt
who resigned.
She also reported that at the last meeting of the Coalition
a representative from HOMES talked about the HOMES work in
Tompkins County. They determined there are about 70 such
individuals in the county and they are seeking to create
a boarding home to house 17 of these homeless individuals
in the City of Ithaca as permanent housing for them. A purchase
offer has been made on a home on West Spencer Street which
is their first choice.
Alternate Side Parking Committee
Alderperson Killeen reported that the Alternate Side Parking
Report is finalized. It is in the process of being typed
and will be distributed later in the week to all council
members, Board of Public Works Commissioners and the Mayor.
The recommendation in the report is that the Mayor refer
the report to the Planning and Development Board who are
looking for this. It is really an overnight parking system
with all the exceptions and the recommendations as well as
residential parking permit model system.
209
Stewart Park Advisory Group
Liaison Killeen reported that attendance was very light at
the meeting the previous evening. He thinks all city functions
are suffering from a lack of coverage. Mr. Trowbridge presented
his work to date. Members of the public offered various
critical points, there was a vote of confidence in Mr. Trowbridge's
work to date, and a vote for him to continue to refine what
he has presented so far conceptually and do a bigger drawing
so people can look at components in more detail.
NEW BUSINESS:
Monitorin Wilcox Press for Noise Problem
Alderperson Booth reported t at there has been a lot of discussion
about noise and air pollution problems at Wilcox Press. He
said that council had talked before about the city doing
210
-30-
March 4, 1987
some more tests with more sophisticated equipment. City
Atty. Nash was going to try to get a cost estimate from a
professor at Cornell University which he has not been able
to do as yet. DEC has done another set of tests a number
of nights but the city has not gotten them yet. In the mean-
time he and other council members continue to get called
regularly by residents. He suggested coming up with an estimate
to refer to Budget and Administration Committee and have
it come back next meeting.
West End Emergency Access Measures
By Al erperson Hoffman: Seconded by Alderperson Schlather
WHEREAS, there is great community concern about possible
interruption of emergency access by trains that currently
cross the West End several times a week, and
WHEREAS, any modification by NYS Department of Transportation
of the West End road network, that would affect the railroad,
is uncertain, and in any case at least six years away, and
WHEREAS, several suggestions for immdiate steps to minimize
the potential for interruption of emergency access have been
made; now, therefore, be it
RESOLVED, That the question of short -term measures to minimize
the interruption of emergency access by trains be referred
to the Planning and Development Committee, with a progress
report to Common Council by its May 1987 meeting, and be
it further
RESOLVED, That appropriate City staff be directed to assist
the Committee in determining the feasibility of such measures
including:
- Pre - emptive signals to control train movements;
- Crossing gates for West End railroad crossings;
- Extending a roadway for emergency use from Third
Street Extension to Buffalo Street.
Carried Unanimously
Expression of Condolence
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That an expression of condolence be conveyed to
the family of Fred Bent on his recent death. Mr. Bent was
a member of the Charter Revision Commission and had done
an excellent job for the city.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 12:OS a.m.
01 0
Callista F. Paolangeli,
City Clerk