HomeMy WebLinkAboutMN-CC-1987-12-02423
Regular Meeting
PRESENT:
Mayor Gutenberger
Alderpersons (10)
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
7:30 P.M. December 2, 1987
- Booth, Cummings, Dennis, Haine, Hoffman,
Killeen, Lytel, Peterson, Romanowski,
Schlather
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An r inance Amending the Zoning Map of
Chapter 30 Entitled 'Zoning' of the City of Ithaca MuniciRaal
Code - (Northside Rezoning)
Resolution to Open Public Hearing
By Alderperson Schlather: Seconded by,Alderperson Romanowski
RESOLVED, That the Public Hearing to consider a proposed
amendment to the Zoning Map of Chapter 30 entitled 'Zoning'
of the City of Ithaca Municipal Code be declared open.
Carried Unanimously
The following citizens spoke in favor of rezoning Northside
to R -2b:
Chad Hover - 411
Laura Lewis - 409
Sarah Adams - 112
Richard Kinner -
Gabriel Tucker -
Patrick Gillis -
Jill Tripp - 216
Second Street
Willow Avenue
West Marshall Street
112 Parker Street
305 Willow Avenue
210 Lake Avenue
Dey Street
Mayor Gutenberger stated that the City has received an official
protest fromrrancis J. Paolangeli, owner of some property
in the area that is being discussed for rezoning. The law
OTHERS PRESENT:
-
City Attorney - Nash (arrived at 8:30 p.m.)
Deputy City Controller - Cafferillo
City Clerk - Paolangeli
Planning and Development Director - Van Cort
Personnel Administrator - Baker
Building Commissioner - Hoard
Fire Chief - Olmstead
Police Chief - Page
Superintendent of Public Works - Dougherty
Deputy City Clerk - Poole
Youth Development Coordinator - Cohen
d.
City Planner - Jones
LO
Alderperson Elect - Johnson
Alderperson Elect - Nichols
['D
PLEDGE OF ALLEGIANCE
Q
Mayor Gutenberger led all present in the Pledge of
Allegiance
to the American flag.
MINUTES:
Minutes of November 4, 1987
Alderperson Schlather requested the following correction
to the Minutes of November 4, 1987: page 13, Youth
Services
resolution, in the first RESOLVED ( #1) the eighth
line should
be corrected to read, "If that amount is not paid
and those
negotiations are not ..., etc."
Resolution
By Alderperson Schlather: Seconded by Alderperson
Lytel
RESOLVED, That the Minutes of the November 4, 1987
Common
Council meeting be approved as corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An r inance Amending the Zoning Map of
Chapter 30 Entitled 'Zoning' of the City of Ithaca MuniciRaal
Code - (Northside Rezoning)
Resolution to Open Public Hearing
By Alderperson Schlather: Seconded by,Alderperson Romanowski
RESOLVED, That the Public Hearing to consider a proposed
amendment to the Zoning Map of Chapter 30 entitled 'Zoning'
of the City of Ithaca Municipal Code be declared open.
Carried Unanimously
The following citizens spoke in favor of rezoning Northside
to R -2b:
Chad Hover - 411
Laura Lewis - 409
Sarah Adams - 112
Richard Kinner -
Gabriel Tucker -
Patrick Gillis -
Jill Tripp - 216
Second Street
Willow Avenue
West Marshall Street
112 Parker Street
305 Willow Avenue
210 Lake Avenue
Dey Street
Mayor Gutenberger stated that the City has received an official
protest fromrrancis J. Paolangeli, owner of some property
in the area that is being discussed for rezoning. The law
424
-2-
December 2, 1987
states that if a valid protest is received from 200 of owners
of land affected by zoning changes it requires a three- quarter
vote of Common Council. However, there is some confusion
whether the protest meets the 20o rule.
Alderperson Hoffman asked the Mayor to identify for the public
which property Mr. Paolangeli owns.
Mayor Gutenberger responded that Mr. Paolangeli owns what
is known as the 'Watts lot'.
Alderperson Schlather read the following statment from § 83
of the General City Law: "That if in fact a protest is filed
'by the owners of 20 percentum or more of the area of the
land included in such change' then the change must be passed
by three - fourths vote of Council." He stated that his concern
was what exactly constitutes the area of the land included
in such a proposed change. He has researched the case law
and was unable to find a single case that construes that
language. He did find a case out of Schenectady that says
that §83 must be strictly construed, in other words it must
be strictly followed. There were no cases either way that
construe that very important language. Because of that,
and because of the fact that the area involved here is much
more substantial than the so- called Watts lot, but in fact
involves virtually the entire Northside neighborhood, it
is his opinion that a simple majority vote would be all that
is necessary at this time. He also found another case which
would allow Council to act with the provision that the City
Clerk not publish the enactment until after the City Attorney
had researched the issue and approved publication; in other
words until after the legal issue had been resolved. His
recommendation was that Common Council go forward, discuss
the matter, and vote on it. If there are more than eight
votes, then the issue is moot. If there are less that eight
votes then the City Attorney could resider an opinion and
Council would be guided accordingly.
Alderperson Cummings stated that she would strongly urge
that the Council not discuss or vote on this issue until
the City Attorney is present.
Resolution to Close Public Hearing
By Alderperson Lytel: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider a proposed
amndment to the Zoning Map of Chapter 30 entitled 'Zoning'
of the City of Ithaca Municipal Code (Northside Rezoning)
be declared closed.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
Northside Rezoning Including Watts lot) - Determination
of Non - significance
By Alderperson Sc lather: Seconded by Alderperson Hoffman
WHEREAS, the matter of amending the official zoning map so
as to change portions of the Northside area from the current
zoning district designations of R -3a, R -3b and B -2a to a
new zoning district designation of R -2b is currently under
consideration by this Common Council, 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),
and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality 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
D
425
-3-
December 2, 1987
WHEREAS, it appears that the proposed action will not have
a significant effect on the environment, and will promote
the development of housing on the Northside area that is
consistent with the scale and density of the existing resi-
dential environment; 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 on the attached Short Environ-
mental Assessment Form and Long Environmental Assessment
Form, and be it further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action at issue
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
ri hereby directed to file a copy of the same, together with
I' attachments in the City Clerk's Office and forward the same
LO to any other parties as required by law.
= Carried Unanimously
m Northside Rezoning (Excluding Watts lot) - Determination
a of Non - significance
By Alderperson Schlather: Seconded by Alderperson Booth
WHEREAS, the matter of amending the official zoning map
so as to change portions of the Northside area from the
current zoning district designations of R -3a and R -3b to
a new zoning cistrict designation of R -2b is currently
under consideration by this Common Council, and
WHEREAS, appropriate environmental review has been conducted,
including the preparation of the Short Environmental Assess-
ment Form 'SEAF) and the Long Environmental Assessment Form
(LEAF), and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality 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.S (B)(S)), and
WHEREAS, it appears that the proposed action will not have
a significant effect on the environment, and will promote
the development of housing on the Northside area that is
consistent with the scale and density of the existing resi-
dential environment; 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 on the attached Short
Environmental Assessment Form and Long Environmental Assess -
ment Form, and be it further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and
we that further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of
this negativo 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 any other parties as required by law.
Carried Unanimously
2f) -4- December 2, 1987
An Ordinance Amending Chapter 30 Entitled 'Zoning' of the
City of Ithaca Municipal Code - (Northside Rezoning - Includin
Watts lot)
By Al erperson Schlather: Seconded by Alderperson Hoffman
WHEREAS, the present zoning regulations in the Northside
neighborhood have been evaluated by the Planning Board, the
Planning and Development Committee, and the Common Council,
and
WHEREAS, the Planning and Development Committee has recommended
changing the existing zoning in the Northside neighborhood
in order to enhance neighborhood stability and protect against
the possibility of inappropriate residential and commercial
development; now, therefore, be it
RESOLVED, That Common Council hereby approve the proposed
zoning changes that will change portions of the Northside
neighborhood from R -3a, R -3b and B -2a to R -2b, and be it
further
RESOLVED, That the City Clerk be and she is hereby directed
to change the Official Zoning Map, to publish notice of these
zoning changes and to notify other agencies as may be required.
ORDINANCE NO. 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 all that tract or parcel of land within the
following described areas presently located in the
R -3a, Residential District are reclassified and changed
to the R -2b, Residential District:
A. Beginning at a point on the northwest corner of tax
parcel number 50 -4 -1, thence easterly a distance of approxi-
mately 400 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner
of tax parcel number 50 -4 -9, thence southerly a distance
of approximately 99 feet along the west boundary of the right -
of -way of North Cayuga Street to a point on the southeast
corner of tax parcel number 50 -4 -11, thence westerly a distance
of approximately 198 feet along the southern boundary of
tax parcel number 50 -4 -11 to the southwest corner of tax
parcel number 50 -4 -11, thence northerly a distance of approxi-
mately 19 feet to a point on the northeast corner of tax
parcel number 50 -4 -37, thence westerly a distance of approxi-
mately 199 feet along the north boundary of tax parcel number
50 -4 -37 to the northwest corner of tax parcel number 50 -4 -37,
thence northerly a distance of approximately 81 feet along the
east boundary of the right -of -way of North Geneva Street
to the point of beginning. The above described area shall
include all of the following tax parcels: 50 -4 -1 through 50-
4-11, inclusive and 50 -4 -38.
B. Beginning at a point on the northwest corner of tax
parcel number 50 -3 -1, thence easterly a distance of approxi-
mately 198 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number 50 -3 -5, thence southerly a distance of
approximately 590 feet to a point on the southeast corner
of tax parcel number 50 -3 -14, thence westerly a distance
J
-5- December 2, 1987
427
of approximately 132 feet along the south boundary of tax
parcel number SO -3 -14, to a point on the southwest corner
of tax parcel number SO -3 -14, thence northerly a distance
of approximately 24 feet along the west boundary of tax parcel
number 50 -3 -14 to a point on the southeast corner of tax
parcel number 50 -3 -18, thence westerly a distance of approximately
66 feet along the south boundary of tax parcel number SO -3 -18
to a point at the southwest corner of tax parcel number SO -3 -18,
thence northerly a distance of approximately S6S feet along
the east boundary of the right -of -way of North Albany Street
to the point of beginning. The above described area shall
include all of the following tax parcels: 50 -3 -1 through
50 -3 -14, inclusive, and 50 -3 -18 through SO -3 -31, inclusive.
C. Beginning at a point on the northwest corner of tax
parcel number 45 -4 -16, thence northeasterly a distance of
approximately 142 feet along the north boundaries of tax
parcel numbers 45 -4 -16 and 45 -4 -15 to a point on the northeast
corner of tax parcel number 45 -4 -15, thence southeasterly
a distance of approximately 90 feet along the east boundary
line of tax parcel number 45 -4 -15 to a point on the southwest
corner of tax parcel number 45 -4 -10, thence northeasterly
� a distance of approximately 123 feet along the south boundary
of tax parcel 45 -4 -10 to a point at the southeast corner
Lo of tax parcel 45 -4 -10, thence southeasterly a distance of
approximately 116 feet along the west boundary of the right-
of-way of Lake Avenue to a point on the southeast corner
Q of tax parcel number 45 -4 -12, thence westerly a distance
of approximately 298 feet along the north boundary of the
right -of -way of Cascadilla Street to a point on the southwest
corner of tax parcel number 45 -4 -16, thence northwesterly
a distance of approximately 64 feet along the east boundary
of the right -of -way of First Street to the point of beginning.
The above description includes all of the following tax parcel
numbers: 45 -4 -11, 45 -4 -12, 45 -4 -14, 45 -4 -15, and 45 -4 -16.
2. That the "Official Zoning Map of the City of Ithaca,
New York" as last amended, is hereby amended and changed
so that all that tract or parcels of land within the
following described areas presently located in the
R -3b, Residential District are reclassified and changed
to the R -2b, Residential District:
A. Beginning at a point on the northwest corner of tax
parcel number 50 -1 -1, thence easterly a distance of approxi-
mately 528 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number 50 -1 -12, thence southerly a distance of
approximately 163 feet along the west boundary of the right -
of -way of North Albany Street to a point on the southeast
corner of tax parcel number 50 -1 -15, thence westerly a distance
of approximately S28 feet along the southern boundaries of
tax parcel number SO -1 -15, 50 -1 -6, SO -1 -5, 50 -1 -4, 50 -1 -3
and 50 -1 -31 to a point on the southwest corner of tax parcel
number 50 -1 -31, thence northerly a distance of approximately
16S feet along the east boundary of the right -of -way of North
Plain Street to the point of beginning. The above described
area shall include all of the following tax parcel numbers:
SO -1 -1 through SO -1 -1.5 inclusive, SO -1 -31 and SO -1 -32.
B. Beginning at a point on the northwest corner of tax
parcel number 51 -3 -1, thence easterly a distance of approxi-
mately 403 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number 51 -3 -8, thence southerly a distance of
approximately 161 feet along the west boundary of the right -
of -way of North Plain Street to a point on the east boundary
of tax parcel number 51 -3 -12, thence westerly in a straight
line a distance of approximately 201 feet until it reaches
the south boundaries of tax parcel numbers 51 -3 -26, 51 -3 -2
and 51 -3 -3, said line being the easterly extension of the
south boundaries of those parcels and continuing approximately
428
-6- December 2, 1987
202 feet along said boundaries to a point on the southwest
corner of tax parcel number 51 -3 -26, thence northerly a distance
of approximately 162 feet along the east boundary of the
right -of -way of Park Place to the point of beginning. The
above described area shall include all of the following tax
parcels: 50 -3 -1 through 50 -3 -11, inclusive, 50 -3 -26, SO -3 -27
and 50 -3 -28, and a portion of 51 -3 -12.
C. Beginning at a point on the northwest corner of tax
parcel number S1- 2 -1.2, thence easterly a distance of approxi-
mately 199 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number S1 -2 -S, thence southerly a distance of
approximately 163 feet along the west boundary of the right -
of -way of Park Place to a point on the southeast corner of
tax parcel number 51 -2 -8, thence westerly a distance of approxi-
mately 199 feet along the south boundaries of tax parcel
numbers 51 -2 -8, 51 -2 -4, 51 -2 -3 and S1 -2 -17 to a point on
the southwest corner of tax parcel S1 -2 -17, thence northerly
a distance of approximately 163 feet along the east boundary
of the right -of -way of Washington Street to the point of
beginning. The above described area shall include all of
the following tax parcels: S1 -2 -1.1 through 51 -2 -8 and 51 -2 -17.
D. Beginning at a point on the northwest corner of tax
parcel number 51 -1 -3, thence easterly a distance of approxi-
mately 334 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number S1 -1 -8, thence southerly a distance of
approximately 167 feet along the west boundary of the right -
of -way of Washington Street to a point on the southeast corner
of tax parcel number 51 -1 -10, thence westerly a distance
of approximately 334 feet along the south boundaries of tax
parcel number 51 -1 -10, 51 -1 -S, 51 -1 -4, and S1 -1 -3 to a point
on the southwest corner of tax parcel number S1 -1 -3, thence
northerly a distance of approximately 167 feet along the
west boundary of tax parcel number 51 -1 -3 to the point of
beginning. The above described area includes all of the
following tax parcels: 51 -1 -3 through S1 -1 -10, inclusive.
E. Beginning at a point on the northwest corner of tax
parcel number 45 -5 -1, thence northeasterly a distance of
approximately 265 feet along the south boundary of the right -
of -way of Monroe Street to a point on the northeast corner
of tax parcel number 45 -5 -3, thence southeasterly a distance
of approximately 323 feet along the west boundary of the
right -of -way of First Street to a point on the southeast
corner of tax parcel number 45 -5 -9, thence westerly a distance
of approximately 304 feet along the north boundary of the
right -of -way of Cascadilla Street to a point on the southwest
corner of tax parcel number 45 -5 -11, thence northwesterly
a distance of approximately 180 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 45 -S -1 through 45 -5 -1S, inclusive.
F. Beginning at a point on the northeast corner of tax
parcel number 45 -6 -1, thence southeasterly a distance of
approximately 1.42 feet along the west boundary of the right -
of -way of Second Street to a point on the southeast corner
of tax parcel number 4S -6 -2, thence westerly a distance of
approximately 300 feet along the north boundary of the right -
of -way of Cascadilla Street to a point on the southwest corner
of tax parcel number 4S -6 -6, thence northeasterly a distance
of approximately 265 feet along the south boundary of the
right -of -way of Monroe Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 4S -6 -1 through 4S -6 -6, inclusive.
G. Beginning at a point--on the northwest corner of tax
parcel number 34 -9 -1, thence northeasterly a distance of
approximately 132 feet along the south boundary of the right-
-7- December 2, 1987
of -way of Madison Street to a point on the northeast corner
of tax parcel number 34 -9 -2, thence southeasterly a distance
of approximately 223 feet along the east boundaries of tax
parcels numbers 34 -9 -2, 34 -9 -16, 34 -9 -1S, and 34 -9 -14 to
a point on the north boundary of tax parcel number 34 -9 -11
that is approximately 19 feet from the northeast corner of
tax parcel number 34 -9 -11, thence easterly a distance of
approximately 19 feet along the north boundary of tax parcel
number 34 -9 -11 to a point on the northeast corner of tax
parcel 34 -9 -11, thence southeasterly a distance of approxi-
mately 100 feet along the east boundary of tax parcel number
34 -9 -11 to a point on the southeast corner of tax parcel
number 34 -9 -11, thence westerly a distance of approximately
1S2 feet along the north boundary of the right -of -way of
Monroe Street to a point on the southwest corner of tax parcel
number 34 -9 -13, thence northwesterly a distance of approxi-
mately 330 feet along the east boundary of the right -of -way
of First Street to the point of beginning. The above described
area shall include all of the following tax parcels: 34 -9 -1,
34 -9 -2, and 34 -9 -11 through 34 -9 -17, inclusive.
H. Beginning at a point on the northwest corner of tax
parcel number 45 -2 -1, thence northeasterly a distance of
approximately 264 feet along the south boundary of the right-
LO of-way of Madison Street to a point on the northeast corner
of tax parcel number 4S -2 -4, thence southeasterly a distance
CO of approximately 325 feet along the west boundary of the
right -of -way of First Street to a point on the southeast
Q corner of tax parcel number 4S -2 -11, thence southwesterly
a distance of approximately 267 feet along the north boundary
of the right -of -way of Monroe Street to a point on the south-
west corner of tax parcel number 4S -2 -1S, thence northwesterly
a distance of approximately 325 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 45 -2 -1 through 4S -2 -19, inclusive.
I. Beginning at a point on the northwest corner of tax
parcel number 45 -1 -1, thence northeasterly a distance of
approximately 264 feet along the south boundary of the right -
of -way of Madison Street to a point on the northeast corner
of tax parcel number 4S -1 -2, thence southeasterly a distance
of approximately 320 feet along the west boundary of the
right -of -way of Second Street to a point on the southeast
corner of tax parcel number 4S -1 -9, thence southwesterly
a distance of approximately 264 feet along the north boundary
of the right -of -way of Monroe Street to a point on the south-
west corner of tax parcel number 4S -1 -14, thence northwesterly
a distance of approximately 320 feet along the east boundary
of the right -of -way of Third Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 4S -1 -1 through 4S -1 -14, inclusive.
J. Beginning at a point on the northwest corner of tax
parcel number 44 -6 -1, thence northeasterly a distance of
approximately 268 feet along the south boundary of the right -
of -way of Madison Street to a point on the northeast corner
of tax parcel number 44 -6 -3, thence southeasterly a distance
of approximately 344 feet along the west boundary of the
right -of -way of Third Street to a point at the southeast
corner of tax parcel number 44 -6 -8, thence westerly a distance
of approximately 300 feet along the north boundary of the
right -of -way of Cascadilla Street to a point at the southwest
corner of tax parcel number 44 -6 -14, thence northwesterly
a distance of approximately 202 feet along the east boundary
of the right -of -way of Fourth Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 44 -6 -1 through 44 -6 -16, inclusive.
42,E
430
-8- December 2, 1987
K. Beginning at a point on the northwest corner of tax
parcel number 34 -1 -1, thence northeasterly a distance of
approximately 135 feet along the south boundary of the right -
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 34 -1 -2, thence southeasterly a distance
of approximately 70 feet to the point of intersection of
the north boundary of tax parcel number 34 -1 -4, thence south-
westerly a distance of approximately 17 feet along the north
boundary line of tax parcel number 34 -1 -4 to a point on the
northeast corner of tax parcel number 34 -1 -17, thence south-
easterly a distance of approximately 25S feet along the east
boundaries of tax parcel numbers 34 -1 -17, 34 -1 -16, 34 -1 -15,
34 -1 -14, 34 -1 -13, and the southeasterly extension of that
line to the intersection of the north boundary of the right -
of -way of Madison Street, thence southwesterly a distance
of approximately 120 feet along the north boundary of the
right -of -way of Madison Street to a point at the southwest
corner of tax parcel number 34 -1 -12, thence northwesterly
a distance of approximately 328 feet along the east boundary
of the right -of -way of �irst Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 34 -1 -1, 34 -1 -2, 34 -1 -11 through 34 -1 -18, inclusive,
and a portion of 34 -1 -10.
L. Beginning at a point on the northwest corner of tax
parcel number 35 -4 -1, thence northeasterly a distance of
approximately 266 feet along the south boundary of the right -
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 35 -4 -3, thence southeasterly a distance
of approximately 327 feet along the west boundary of the
right -of -way of First Street to a point on the southeast
corner of tax parcel number 35 -4 -8, thence southwesterly
a distance of approximately 270 feet along the north boundary
of the right -of -way of Madison Street to a point on the south-
west corner of tax parcel number 35 -4 -14, thence northwesterly
a distance of approximately 327 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 35 -4 -1 through 35 -4 -18, inclusive.
M. Beginning at a point on the northwest corner of tax
parcel number 3S -5 -1, thence northeasterly a distance of
approximately 263 feet along the south boundary of the right -
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 35 -5 -6, thence southeasterly a distance
of approximately 32S feet along the west boundary of the
right -of -way of Second Street to a point on the southeast
corner of tax parcel number 3S -S -11, thence southwesterly
a distance of approximately 26S feet along the north boundary
of the right -of -way of Madison Street to a point on the south-
west corner of tax parcel number 3S -5 -1S, thence northwesterly
a distance of approximately 32S feet along the east boundary
of the right -of -way of Third Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 3S -5 -1 through 35 -S -20, inclusive.
N. Beginning at a point on the northwest corner of tax
parcel number 44 -S -1, thence northeasterly a distance of
approximately 269 feet along the south boundary of the right -
of -way of Morris Avenue to a point on the northeast corner
of tax parcel 44 -5 -6, thence southeasterly a distance of
approximately 149 feet along the west boundary of the right -
of -way of Third Street to a point on the southeast corner
of tax parcel number 44 -5 -8, thence southwesterly a distance
of approximately 269 feet along the north boundary of the
right -of -way of Madison Street to a point on the southwest
corner of tax parcel number 44 -S -13, thence northwesterly
a distance of approximately 150 feet along the east boundary
of the right -of -way of Fourth Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 44 -5 -1 through 44 -5 -13, inclusive.
J
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-9- December 2, 1987
431
0. Beginning at a point on the northwest corner of tax
parcel number 44 -9 -2, thence northeasterly a distance of
approximately 328 feet along the south boundary of the right -
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 44 -9 -6, thence southeasterly a distance
of approximately 330 feet along the west boundary of the
right -of -way of Fifth Street to a point on the southeast
corner of tax parcel number 44 -9 -13, thence southwesterly
a distance of approximately 83 feet along the north boundary
of the right -of -way of Madison Street to its intersection
with the north boundary of the right -of -way of Cascadilla
Street, thence westerly a distance of approximately 27S feet
along the north boundary of the right -of -way of Cascadilla
Street to a point at the southwest corner of tax parcel number
44 -9 -20, thence northwesterly a distance of approximately
200 feet along the west boundaries of tax parcel numbers
44 -9 -20 and 44 -9 -2 to the point of beginning. The above
described area shall include all of the following tax parcels:
44 -9 -2 through 44 -9 -20, inclusive.
P. Beginning at a point on the northwest corner of tax
parcel number 35 -2 -1, thence northeasterly a distance of
approximately 265 feet along the south boundary of the right -
Iq of -way of Adams Street to a point on the northeast corner
LD of tax parcel number 35 -2 -2, thence southeasterly a distance
= of approximately 330 feet along the west boundary of the
M right -of -way of First Street to a point on the southeast
corner of tax parcel number 35 -2 -7, thence southwesterly
a a distance of approximately 265 feet along the north boundary
of the right -of -way of Hancock Street to a point on the south
west corner of tax parcel number 35 -2 -12, thence northwesterly
a distance of approximately 328 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 35 -2 -1 through 35 -2 -16, inclusive.
Q. Beginning at a point on the northwest corner of tax
parcel number 35 -1-3, thence northeasterly a distance of
approximately 100 feet to the northeast corner of tax parcel
number 35 -1 -2, thence southeasterly a distance of approximately
100 feet along the west boundary of the right -of -way of Second
Street to a point on the southeast corner of tax parcel number
35 -1 -2, thence southwesterly a distance of approximately
100 feet along the north boundary of the right -of -way of
Hancock Street to a point on the southwest corner of tax
parcel number 35 -1 -3, thence northwesterly a distance of
approximately 100 feet along the west boundary of tax parcel
number 35 -1 -3 to the point of beginning. The above described
area shall include all of the following tax parcels: 35 -1 -2
and 35 -1 -3.
R. Beginning at a point on the northwest corner of tax
parcel number 44 -2 -9, thence northeasterly a distance of
approximately 265 feet along the north boundaries of tax
parcel numbers 44 -2 -9 and 44 -2 -2 to a point on the northeast
corner of tax parcel number 44 -2 -2, thence southeasterly
a distance of approximately 16S feet along the west boundary
of the right -of -way of Fourth Street to a point on the south-
east corner of tax parcel number 44 -2 -3, thence southwesterly
a distance of approximately 265 feet along the north boundary
of the right -of -way of Hancock Street to a point on the south-
west corner of tax parcel number 44 -2 -8, thence northwesterly
a distance of approximately 16S feet along the east boundary
of the right-of-way of Fifth Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 44 -2-2 through 44 -2 -9, inclusive.
S. Beginning at a point on the northwest corner of tax
parcel number 25 -4 -4, thence northeasterly a distance of
approximately 132 feet along the north boundary lines of
tax parcel numbers 25 -4 -4 and 25 -4 -3 to a point on the north-
east corner of tax parcel number 25 -4 -3, thence southeasterly
432
-10- December 7, 1987
a distance of approximately SO feet to a point on the north-
west corner of tax parcel number 25 -4 -2, thence northeasterly
a distance of approximately 133 feet along the north boundary
line of tax parcel number 25 -4 -2 to a point on the northeast
corner of tax parcel number 25 -4 -2, thence southeasterly
along the west boundary of the right -of -way of First Street
a distance of approximately 40 feet to a point on the south-
west corner of tax parcel number 25 -4 -2, thence southwesterly
a distance of approximately 265 feet along the north boundary
of the right -of -way of Adams Street to a point on the southwest
corner of tax parcel number 25 -4 -4, thence northwesterly
a distance of approximately 90 feet along the east boundary
of Second Street to the point of beginning. The above described
area shall include all of the following tax parcels: 25 -4 -2
through 25 -4 -4, inclusive.
T. Beginning at a point on the northwest corner of tax
parcel number 45 -4 -1, thence northeasterly a distance of
approximately 118 feet along the south boundary of the right -
of -way of Monroe Street to a point on the northeast corner
of tax parcel number 45 -4 -3, thence southeasterly a distance
of approximately 230 feet along the east boundaries of tax
parcel numbers 45 -4 -3, 45 -4 -20, 45 -4 -19, and 45 -4 -18 to a
point on the southwest corner of tax parcel number 45 -4 -6,
thence northeasterly a distance of approximately 18 feet
to a point on the northwest corner of tax parcel 45 -4 -8,
thence southeasterly a distance of approximately 66 feet
to a point on the north boundary of tax parcel 45 -4 -15 that
is approximately 10 feet southwest of the northeast corner
of tax parcel number 45- 4- 15,thence southwesterly a distance
of approximately 133 feet along the south boundary of tax
parcel number 45 -4 -17, to a point on the southwest corner
of tax parcel 45 -4 -17, thence northwest a distance of approxi-
mately 295 feet along the east boundary of the right -of -way
of First Street to the point of beginning. The above des-
cribed area includes all of the following tax parcels: 45 -4 -1
through 45 -4 -3, inclusive and 45 -4 -17 through 45 -4 -21, inclusive.
3. That the "Official Zoning Map of the City of Ithaca,
New York ", as last amended, is hereby amended and
changed so that all that tract or parcels of land
within the following described areas presently located
in the B -2a, Business District are reclassified and
changed to the R -2b, Residential District.
A. Beginning at a point on the northwest corner of tax
parcel number 25 -3 -1, thence northeasterly a distance of
approximately 264 feet along the south boundary of the right -
of -way of Franklin Street to a point on the northeast corner
of tax parcel number 25 -3 -1, thence southeasterly a distance
of approximately 325 feet along the west boundary of the
right -of -way of Lake Avenue to a point on the southeast corner
of tax parcel number 25 -3 -1, thence southwesterly a distance
of approximately 269 feet along the north boundary of the
right -of -way of Adams Street to a point on the southwest
corner of tax parcel number 25 -3 -1, thence northwesterly
a distance of approximately 330 feet along the east boundary
of the right -of -way of First Street to the point of beginning.
The above described area includes all of tax parcel number
25 -3 -1.
4. 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.
J
-11-
December 2, 1987 433
Alderperson Schlather gave background information on the
proposed amendment. He stated that he thinks it is important
from the city's perspective to send the message to not only
the neighborhood but also to any owners of property or prospective
owners of property in the Northside that it is the intent
of the city, consistent with its general plan of preservation
of neighborhoods, to establish and maintain a medium density
residential neighborhood. Further, that it is the city's
intent to establish that density at a level which is most
consistent with the R -2 level and he thinks it is important
that we do that now. He urged support of this ordinance.
He wished to clarify that this re- zoning should not be considered
an interim measure. That is not its purpose. Its purpose
is to establish very clearly that in the Northside we intend
to maintain a neighborhood that is consistent with existing
patterns and density which is most nearly approximated by
an R -2 density. If in the future we come up with an effective
and workable R -2c designation, then it may very well be appro-
priate to change certain areas of the city, including parts
of the Northside to such a designation, but we do not have
such a designation today and there is no guarantee that we
will ever have such a designation. In the absence of such
a designation we should change this to conform with the general
LO plan of the city and that is the R -2b.
Alderperson Cummings stated that it is important that city
government act responsibly and in an informed fashion and
Q that we operate with the best possible planning intentions,
and can justify our actions based on what makes good common
sense. She asked Council to give the matter thirty days.
There is a presentation by the architect and developer on
December 1Sth, and she asked that Council look at it.
Alderperson Killeen stated that he has found both of the
fe3olutions (including Watts, excluding Watts) not to go
far enough. In his opinion, the major difficulty in this
area is of the city's making. The wild card in the Northside
is the sewer plant. He does not think the Council should
delude itself into thinking that the zoning that is passed
tonight is going to stabilize the area. He thinks there
has to be a longer, broader, fuller look at the project.
Alderperson Hoffman stated that, in his opinion, the choice
before the Council tonight is whether we want to take the
action that will remove the threat of over - development on
one city block. The choice is not between B -2b, which is
a commercial more high density residential designation and
several different residential schemes. There is only one
choice of a residential zoning designation and that is R -2b.
He thinks Council should act tonight. Otherwise, the neigh-
borhood does not have a guarantee, does not have any protection.
We have received a protest against any residential zoning
designation from the owner of the property. Alderperson
Hoffman doesn't think that the city is in a safe position
if we allow that property to remain a commercial designation.
He thinks it is time for City Hall to put neighborhoods rather
than developers in the position of strength and he hopes
that Council will vote for the R -2b.
Alderperson Romanowski remarked that it may very well be
that the correct designation for this area is R -2b, but to
take a precipitous action, which he thinks is being done,
without really investigating what is going on is being short-
sighted. Without finding out what the developer has in mind
is very short sighted, especially in a city that needs housing.
Alderperson Peterson wished to remind people that R -2c at
the earliest won't be available until a February vote. She
emphasized that we should give a voice to the neighborhood
and support them with R -2b. She further stated that the
434
-12-
December 2, 1987
people in the Sth Ward will be very much affected by what
happens with any building project.
Alderperson Booth stated that in his opinion the wise thing
to do in this situation is to rezone the properties in the
Northside to R -2b. IIe would suggest to Council that the
petition by the landowner opposing any rezoning of this property
to any other more restrictive classifcation is a very important
signal. It may very well be a signal of intention to develop
that property, either under the current zoning or some other
use that is far more intensive than R -2b would allow. The
city should set the rules and put them in place. If changes
for the Watts lot or any other areas are proper they will
occur in the future but we should not wait.
City Attorny Nash stated that his conclusion after reviewing
the State law and court cases which have construed similar
zoning laws is that if you are changing the regulations in
a district and you are changing classifications for different
districts but you throw them into one zoning proposal you
basically are going to be treating each district distinctly
for the 20o solution. It is his opinion that Mr. Paolangeli,
because he is the only business district included in this
zoning proposal, would be essentially 1000 of the property
within a business district included in that proposal thereby
requiring a seventy -five percent vote on that property.
Alderperson Schlather wished to clarify that he was wrong
in his previous analysis. Atty. Nash's research is from
Town Law and his research was limited to General City Law.
There are a couple of cases from the Town Law that do say
that if you are making a distinction between ;districts as
the City Attorney has just explained, that the three - fourths
vote is triggered by 200 of each discrete district affected
by the zoning change.
Mayor Gutenberger stated that he wanted it to be clear that
the protest is valid and it will require a three - quarter
vote of Common Council to rezone that parcel.
City Attorney Nash stated that if Council approves the resolution
that includes the Watts lot, by a 6 to 4 vote it would be
effective to everything else but not the Watts lot. In a
sense we have to treat them as separate even though they
are one proposal.
Alderperson Dennis stated that he thinks Common Council should
look at Mr. Finkelstein's presentation on December 15th before
voting on the re- zoning issue.
Resolution to Table
By Alderperson Cummings: Seconded by Alderperson Haine
RESOLVED, That the matter of the ordinance amending Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code -
(Northside Rezoning - Including Watts lot) be tabled.
The tabling resolution was duly put to a vote on roll call
which resulted as follows:
Schlather
- Aye
Booth
- Nay
Romanowski
- Aye
Killeen
- Aye
Cummings
- Aye
Haine
- Aye
Lytel
- Aye
Hoffman
- Nay
Dennis
- Aye
Peterson
- Nay
Ayes (7)
Nays (3)
Carried
0
Iq
Ln
M
Q
-13-
December 2, 1987 435
An Ordinance Amending Chapter 30 Entitled 'Zoning' of the
City of Ithaca Municipal Code - (Northside Rezoning- Excludin
Watts lot)
By Alderperson Schlather: Seconded by Alderperson Lytel
WHEREAS, the present zoning regulations in the Northside
neighborhood have been evaluated by the Planning Board, the
Planning and Development Committee and the Common Council,
and
WHEREAS, the Planning and Development Committee has recommended
changing the existing zoning in the Northside neighborhood
in order to enhance neighborhood stability and protect against
the possibility of inappropriate residential and commercial
development; now, therefore, be it
RESOLVED, That Common Council hereby approve the proposed
zoning changes that will change portions of the Northside
neighborhood from R -3a and R -3b to R -2b, and be it further
RESOLVED, That the City Clerk be and she is hereby directed
to change the Official Zoning Map, to publish notice of these
zoning changes and to notify any other agencies as may be
required.
ORDINANCE NO. 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 all that tract or parcel of land within the
following described areas presently located in the
R -3a, Residential District are reclassified and changed
to the R -2b, Residential District:
A. Beginning at a point on the northwest corner of tax
parcel number 50 -4 -1, thence easterly a distance of approxi-
mately 400 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner
of tax parcel number SO -4 -9, thence southerly a distance
of approximately 99 feet along the west boundary of the right -
of -way of North Cayuga Street to a point on the southeast
corner of tax parcel number 50 -4 -11, thence westerly a distance
of approximately 198 feet along the southern boundary of
tax parcel number SO -4 -11 to the southwest corner of tax
parcel number SO -4 -11, thence northerly a distance of approxi-
mately 19 feet to a point on the northeast corner of tax
parcel number 50 -4 -37, thence westerly a distance of approxi-
mately 199 feet along the north boundary of tax parcel number
50 -4 -37 to the northwest corner of tax parcel number SO -4 -37,
thence northerly a distance of approximately 81 feet along the
east boundary of the right -of -way of North Geneva Street
to the point of beginning. The above described area shall
include all of the following tax parcels: 50 -4 -1 through 50-
4-11, inclusive and 50 -4 -38.
B. Beginning at a point on the northwest corner of tax
parcel number 50 -3 -1, thence easterly a distance of approxi-
mately 198 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number- 50 -3 -5, thence southerly a distance of
-14- December 2, 1987
4 3() approximately S90 feet to a point on the southeast corner
of tax parcel number 50 -3 -14, thence westerly a distance
of approximately 132 feet along the south boundary of tax
parcel number SO -3 -14, to a point on the southwest corner
of tax parcel number 50 -3 -14, thence northerly a distance
of approximately 24 feet along the west boundary of tax parcel
number 50 -3 -14 to a point on the southeast corner of tax
parcel number 50 -3 -18, thence westerly a distance of approximately
66 feet along the south boundary of tax parcel number 50 -3 -18
to a point at the southwest corner of tax parcel number 50 -3 -18,
thence northerly a distance of approximately 565 feet along
the east boundary of the right -of -way of North Albany Street
to the point of beginning. The above described area shall
include all of the following tax parcels: 50 -3 -1 through
SO -3 -14, inclusive, and SO -3 -18 through 50 -3 -31, inclusive.
C. Beginning at a point on the northwest corner of tax
parcel number 45 -4 -16, thence northeasterly a distance of
approximately 142 feet along the north boundaries of tax
parcel numbers 45 -4 -16 and 45 -4 -15 to a point on the northeast
corner of tax parcel number 45 -4 -15, thence southeasterly
a distance of approximately 90 feet along the east boundary
line of tax parcel number 45 -4 -15 to a point on the southwest
corner of tax parcel number 45 -4 -10, thence northeasterly
a distance of approximately 123 feet along the south boundary
of tax parcel 45 -4 -10 to a point at the southeast corner
of tax parcel 45 -4 -10, thence southeasterly a distance of
approximately 116 feet along the west boundary of the right -
of -way of Lake Avenue to a point on the southeast corner
of tax parcel number 45 -4 -12, thence westerly a distance
of approximately 298 feet along the north boundary of the
right -of -way of Cascadilla Street to a point on the southwest
corner of tax parcel number 45 -4 -16, thence northwesterly
a distance of approximately 64 feet along the east boundary
of the right -of -way of First Street to the point of beginning.
The above description includes all of the following tax parcel
numbers: 45 -4 -11, 45 -4 -12, 45 -4 -14, 45 -4 -15, and 45 -4 -16.
2. That the "Official Zoning Map of the City of Ithaca,
New York" as last amended, is hereby amended and changed
so that all that tract or parcels of land within the
following described areas presently located in the
R -3b, Residential District are reclassified and changed
to the R -2b, Residential District:
A. Beginning at a point on the northwest corner of tax
parcel number 50 -1 -1, thence easterly a distance of approxi-
mately 528 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number 50 -1 -12, thence southerly a distance of
approximately 163 feet along the west boundary of the right -
of -way of North Albany Street to a point on the southeast
corner of tax parcel number SO -1 -15, thence westerly a distance
of approximately 528 feet along the southern boundaries of
tax parcel number SO -1 -1S, 50 -1 -6, 50 -1 -5, SO -1 -4, 50 -1 -3
and 50 -1 -31 to a point on the southwest corner of tax parcel
number SO -1 -31, thence northerly a distance of approximately
16S feet along the east boundary of the right -of -way of North
Plain Street to the point of beginning. The above described
area shall include all of the following tax parcel numbers:
50 -1 -1 through 50 -1 -15 inclusive, 50 -1 -31 and SO -1 -32.
B. Beginning at a point on the northwest corner of tax
parcel number 51 -3 -1, thence easterly a distance of approxi-
mately 403 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number 51 -3 -8, thence southerly a distance of
approximately 161 feet along the west boundary of the right-
D
-15- December 2, 1987
C. Beginning at a point on the northwest corner of tax
parcel number 51- 2 -1.2, thence easterly a distance of approxi-
mately 199 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number 51 -2 -S, thence southerly a distance of
approximately 163 feet along the west boundary of the right -
of -way of Park Place to a point on the southeast corner of
tax parcel number 51 -2 -8, thence westerly a distance of approxi-
mately 199 feet along the south boundaries of tax parcel
LO numbers 51 -2 -8, 51 -2 -4, S1 -2 -3 and 51 -2 -17 to a point on
the southwest corner of tax parcel 51 -2 -17, thence northerly
M a distance of approximately 163 feet along the east boundary
Q of the right -of -way of Washington Street to the point of
beginning. The above described area shall include all of
the following tax parcels: 51 -2 -1.1 through 51 -2 -8 and 51 -2 -17.
of -way of North
Plain Street to a point on the east boundary
parcel number S1 -1 -3, thence easterly a distance of approxi-
of tax parcel number
S1 -3 -12, thence westerly in a straight
line a distance
of approximately 201 feet until it reaches
tax parcel number S1 -1 -8, thence southerly a distance of
the south boundaries
of tax parcel numbers S1 -3 -26, 51 -3 -2
and 51 -3 -3, said
line being the easterly extension of the
of tax parcel number S1 -1 -10, thence westerly a distance
south boundaries
of those parcels and continuing approximately202
feet along said
boundaries to a point on the southwest corner
on the southwest corner of tax parcel number 51 -1 -3, thence
of tax parcel number
S1 -3 -26, thence northerly a distance
of approximately
162 feet along the east boundary of the
beginning. The above described area includes all of the
right -of -way of
Park Place to the point of beginning. The
Co",
above described
parcels: SO -3 -1
area shall include all of the following tax
through 50 -3 -11, inclusive, 50 -3 -26, SO -3 -27
parcel number 4S -S -1, thence northeasterly a distance of
and 50 -3 -28, and
a portion of S1 -3 -12.
C. Beginning at a point on the northwest corner of tax
parcel number 51- 2 -1.2, thence easterly a distance of approxi-
mately 199 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number 51 -2 -S, thence southerly a distance of
approximately 163 feet along the west boundary of the right -
of -way of Park Place to a point on the southeast corner of
tax parcel number 51 -2 -8, thence westerly a distance of approxi-
mately 199 feet along the south boundaries of tax parcel
LO numbers 51 -2 -8, 51 -2 -4, S1 -2 -3 and 51 -2 -17 to a point on
the southwest corner of tax parcel 51 -2 -17, thence northerly
M a distance of approximately 163 feet along the east boundary
Q of the right -of -way of Washington Street to the point of
beginning. The above described area shall include all of
the following tax parcels: 51 -2 -1.1 through 51 -2 -8 and 51 -2 -17.
F. Beginning at a point
parcel number 45 -6 -1, thence
approximately 142 feet along
of -way of Second Street to a
of tax parcel number 45 -6 -2,
approximately 300 feet along
on the northeast corner of tax
southeasterly a distance of
the west boundary of the right -
point on the southeast corner
thence westerly a distance of
the north boundary of the right
437
D. Beginning at a point on the northwest corner of tax
parcel number S1 -1 -3, thence easterly a distance of approxi-
mately 334 feet along the south boundary of the right -of -way
of Cascadilla Street to a point on the northeast corner of
tax parcel number S1 -1 -8, thence southerly a distance of
approximately 167 feet along the west boundary of the right -
of -way of Washington Street to a point on the southeast corner
of tax parcel number S1 -1 -10, thence westerly a distance
of approximately 334 feet along the south boundaries of tax
parcel number 51 -1 -10, 51 -1 -S, S1 -1 -4, and S1 -1 -3 to a point
on the southwest corner of tax parcel number 51 -1 -3, thence
nort,berly a distance of approximately 167 feet along the
wef*- boundary of tax parcel number 51 -1 -3 to the point of
beginning. The above described area includes all of the
following tax parcels: 51 -1 -3 through S1 -1 -10, inclusive.
E. Beginning at a point on the northwest corner of tax
parcel number 4S -S -1, thence northeasterly a distance of
approximately 265 feet along the south boundary of the right -
of -way of Monroe Street to a point on the northeast corner
of tax parcel number 45 -S -3, thence southeasterly a distance
of approximately 323 feet along the west boundary of the
right -of -way of First Street to a point on the southeast
corner of tax parcel number 45 -S -9, thence westerly a distance
of approximately 304 feet along the north boundary of the
right -of -way of Cascadilla Street to a point on the southwest
corner of tax parcel number 4S -S -11, thence northwesterly
a distance of approximately 180 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 4S -S -1 through 4S -S -15, inclusive.
F. Beginning at a point
parcel number 45 -6 -1, thence
approximately 142 feet along
of -way of Second Street to a
of tax parcel number 45 -6 -2,
approximately 300 feet along
on the northeast corner of tax
southeasterly a distance of
the west boundary of the right -
point on the southeast corner
thence westerly a distance of
the north boundary of the right
437
435 -16- December 2, 1987
of -way of Cascadilla Street to a point on the southwest
corner of tax parcel number 45 -6 -6, thence northeasterly
a distance of approximately 265 feet along the south boundary
of the right -of -way of Monroe Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 45 -6 -1 through 45 -6 -6, inclusive.
G. Beginning at a point on the northwest corner of tax
parcel number 34 -9 -1, thence northeasterly a distance of
approximately 132 feet along the south boundary of the right -of -way
of Madison Street to a point on the northeast corner of tax
parcel number 34 -9 -2, thence southeasterly a distance of
approximately 223 feet along the east boundaries of tax
parcels numbers 34 -9 -2, 34 -9 -16, 34 -9 -15, and 34 -9 -14 to
a point on the north boundary of tax parcel number 34 -9 -11
that is approximately 19 feet from the northeast corner of
tax parcel number 34 -9 -11, thence easterly a distance of
approximately 19 feet along the north boundary of tax parcel
number 34 -9 -11 to a point on the northeast corner of tax
parcel 34 -9 -11, thence southeasterly a distance of approxi-
mately 100 feet along the east boundary of tax parcel number
34 -9 -11 to a point on the southeast corner of tax parcel
number 34 -9 -11, thence westerly a distance of approximately
152 feet along the north boundary of the right -of -way of
Monroe Street to a point on the southwest corner of tax parcel
number 34 -9 -13, thence northwesterly a distance of approxi-
mately 330 feet along the east boundary of the right -of -way
of First Street to the point of beginning. The above described
area shall include all of the following tax parcels: 34 -9 -1,
34 -9 -2, and 34 -9 -11 through 34 -9 -17, inclusive.
H. Beginning at a point on the northwest corner of tax
parcel number 45 -2 -1, thence northeasterly a distance of
approximately 264 feet along the south boundary of the right -
of -way of Madison Street to a point on the northeast corner
of tax parcel number 45 -2 -4, thence southeasterly a distance
of approximately 325 feet along the west boundary of the
right -of -way of First Street to a point on the southeast
corner of tax parcel number 45 -2 -11, thence southwesterly
a distance of approximately 267 feet along the north boundary
of the right -of -way of Monroe Street to a point on the south-
west corner of tax parcel number 45 -2 -15, thence northwesterly
a distance of approximately 325 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 45 -2 -1 through 45 -2 -19, inclusive.
I. Beginning at a point on the northwest corner of tax
parcel number 45 -1 -1, thence northeasterly a distance of
approximately 264 feet along the south boundary of the right -
of -way of Madison Street to a point on the northeast corner
of tax parcel number 45 -1 -2, thence southeasterly a distance
of approximately 320 feet along the west boundary of the
right -of -way of Second Street to a point on the southeast
corner of tax parcel number 45 -1 -9, thence southwesterly
a distance of approximately 264 feet along the north boundary
of the right -of -way of Monroe Street to a point on the south-
west corner of tax parcel number 45 -1 -14, thence northwesterly
a distance of approxi-mately 320 feet along the east boundary
of the right -of -way of Third Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 45 -1 -1 through 45 -1 -14, inclusive.
J. Beginning at a point on the northwest corner of tax
parcel number 44 -6 -1, thence northeasterly a distance of
approximately 268 feet along the south boundary of the right -
of -way of Madison Street to a point on the northeast corner
of tax parcel number 44 -6 -3, thence southeasterly a distance
-17- December 2, 1987
of approximately 344 feet along the west boundary of the
right -of -way of Third Street to a point at the southeast
corner of tax parcel number 44 -6 -8, thence westerly a distance
of approximately 300 feet along the north boundary of the
right -of -way of Cascadilla Street to a point at the southwest
corner of tax parcel number 44 -6 -14, thence northwesterly
a distance of approximately 202 feet along the east boundary
of the right -of -way of Fourth Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 44 -6 -1 through 44 -6 -16, inclusive.
K. Beginning at a point on the northwest corner of tax
parcel number 34 -1 -1, thence northeasterly a distance of
approximately 135 feet along the south boundary of the right-
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 34 -1 -2, thence southeasterly a distance
of approximately 70 feet to the point of intersection of
the north boundary of tax parcel number 34 -1 -4, thence south-
westerly a distance of approximately 17 feet along the north
boundary line of tax parcel number 34 -1 -4 to a point on the
northeast corner of tax parcel number 34 -1 -17, thence south-
easterly a distance of approximately 2S5 feet along the east
boundaries of tax parcel numbers 34 -1 -17, 34 -1 -16, 34 -1 -1S,
34 -1 -14, 34 -1 -13, and the southeasterly extension of that
LO line to the intersection of the north boundary of the right-
= of -way of Madison Street, thence southwesterly a distance
CO of approximately 120 feet along the north boundary of the
Q right -of -way of Madison Street to a point at the southwest
corner of tax parcel number 34 -1 -12, thence northwesterly
a distance of approximately 328 feet along the east boundary
of the right -of -way of First Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 34 -1 -1, 34 -1 -2, 34 -1 -11 through 34 -1 -18, inclusive,
and a portion of 34 -1 -10.
L. Beginning at a point on the northwest corner of tax
parcel number 35 -4 -1, thence northeasterly a distance of
approximately 266 feet along the south boundary of the right -
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 35 -4 -3, thence southeasterly a distance
of approximately 327 feet along the west boundary of the
right -of -way of First Street to a point on the southeast
corner of tax parcel number 35 -4 -8, thence southwesterly
a distance of approximately 270 feet along the north boundary
of the right -of -way of Madison Street to a point on the south-
west corner of tax parcel number 3S -4 -14, thence northwesterly
a distance of approximately 327 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 3S -4 -1 through 3S -4 -18, inclusive.
M. Beginning at a point on the northwest corner of tax
parcel number 3S -5 -1, thence northeasterly a distance of
approximately 263 feet along the south boundary of the right -
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 35 -5 -6, thence southeasterly a distance
of approximately 32S feet along the west boundary of the
right -of -way of Second Street to a point on the southeast
corner of tax parcel number 3S -S -11, thence southwesterly
a distance of approximately 265 feet along the north boundary
of the right -of -way of Madison Street to a point on the south-
west corner of tax parcel number 3S -5 -1S, thence northwesterly
a distance of approximately 32S feet along the east boundary
of the right -of -way of Third Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 35 -5 -1 through 35 -S -20, inclusive.
N. Beginning at a point on the northwest corner of tax
parcel number 44 -S -1, thence northeasterly a distance of
approximately 269 feet along the south boundary of the right-
439
440 -18- December 2, 1987
of -way of Morris Avenue to a point on the northeast corner
of tax parcel 44 -5 -6, thence southeasterly a distance of
approximately 149 feet along the west boundary of the right -
of -way of Third Street to a point on the southeast corner
of tax parcel number 44 -5 -8, thence southwesterly a distance
of approximately 269 feet along the north boundary of the
right -of -way of Madison Street to a point on the southwest
corner of tax parcel number 44 -5 -13, thence northwesterly
a distance of approximately 1.50 feet along the east boundary
of the right -of -way of Fourth Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 44 -5 -1 through 44 -5 -13, inclusive.
0. Beginning at a point on the northwest corner of tax
parcel number 44 -9 -2, thence northeasterly a distance of
approximately 328 feet along the south boundary of the right -
of -way of Hancock Street to a point on the northeast corner
of tax parcel number 44 -9 -6, thence southeasterly a distance
of approximately 330 feet along the west boundary of the
right -of -way of Fifth Street to a point on the southeast
corner of tax parcel number 44 -9 -13, thence southwesterly
a distance of approximately 83 feet along the north boundary
of the right -of -way of Madison Street to its intersection
with the north boundary of the right -of -way of Cascadilla
Street, thence westerly a distance of approximately 275 feet
along the north boundary of the right -of -way of Cascadilla
Street to a point at the southwest corner of tax parcel number
44 -9 -20, thence northwesterly a distance of approximately
200 feet along the west boundaries of tax parcel numbers
44 -9 -20 and 44 -9 -2 to the point of beginning. The above
described area shall include all of the following tax parcels:
44 -9 -2 through 44 -9 -20, inclusive.
P. Beginning at a point on the northwest corner of tax
parcel number 35 -2 -1, thence northeasterly a distance of
approximately 265 feet along the south boundary of the right -
of -way of Adams Street to a point on the northeast corner
of tax parcel number 35 -2 -2, thence southeasterly a distance
of approximately 330 feet along the west boundary of the
right -of -way of First Street to a point on the southeast
corner of tax parcel number 35 -2 -7, thence southwesterly
a distance of approximately 265 feet along the north boundary
of the right -of -way of Hancock Street to a point on the south
west corner of tax parcel number 35 -2 -12, thence northwesterly
a distance of approximately 328 feet along the east boundary
of the right -of -way of Second Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 35 -2 -1 through 35 -2 -16, inclusive.
Q. Beginning at a point on the northwest corner of tax
parcel number 35 -1 -3, thence northeasterly a distance of
approximately 100 feet to the northeast corner of tax parcel
number 35 -1 -2, thence southeasterly a distance of approximately
100 feet along the west boundary of the right -of -way of Second
Street to a point on the southeast corner of tax parcel number
35 -1 -2, thence southwesterly a distance of approximately
100 feet along the north boundary of the right -of -way of
Hancock Street to a point on the southwest corner of tax
parcel number 35 -1 -3, thence northwesterly a distance of
approximately 100 feet along the west boundary of tax parcel
number 35 -1 -3 to the point of beginning. The above described
area shall include all of the following tax parcels: 35 -1 -2
and 35 -1 -3.
R. Beginning at a point on the northwest corner of tax
parcel number 44 -2 -9, thence northeasterly a distance of
approximately 265 feet along the north boundaries of tax
parcel numbers 44 -2 -9 and 44 -2 -2 to a point on the northeast
corner of tax parcel number 44 -2 -2, thence southeasterly
a distance of approximately 165 feet along the west boundary
-19-
December 2, 1987 441
of the right -of -way of Fourth Street to a point on the south-
east corner of tax parcel number 44 -2 -3, thence southwesterly
a distance of approximately 265 feet along the north boundary
of the right -of -way of Hancock Street to a point on the south-
west corner of tax parcel number 44 -2 -8, thence northwesterly
a distance of approximately 165 feet along the east boundary
of the right -of -way of Fifth Street to the point of beginning.
The above described area shall include all of the following
tax parcels: 44 -2 -2 through 44 -2 -9, inclusive.
S. Beginning at a point on the northwest corner of tax
parcel number 25 -4 -4, thence northeasterly a distance of
approximately 132 feet along the north boundary lines of
-cool tax parcel numbers 25 -4 -4 and 25 -4 -3 to a point on the north-
east corner of tax parcel number 25 -4 -3, thence southeasterly a
distance of approximately 50 feet to a point on the north-
west corner of tax parcel number 25 -4 -2, thence northeasterly
a distance of approximately 133 feet along the north boundary
line of tax parcel number 25 -4 -2 to a point on the northeast
corner of tax parcel number 25 -4 -2, thence southeasterly
along the west boundary of the right -of -way of First Street
a distance of approximately 40 feet to a point on the south-
- west corner of tax parcel number 25 -4 -2, thence southwesterly
LO a distance of approximately 265 feet along the north boundary
of the right -of -way of Adams Street to a point on the southwest
corner of tax parcel number 25 -4 -4, thence northwesterly
m a distance of approximately 90 feet along the east boundary
Q of Second Street to the point of beginning. The above described
area shall include all of the following tax parcels: 25 -4 -2
through 25 -4 -4, inclusive.
T. Beginning at a point on the northwest corner of tax
parcel number 45 -4 -1, thence northeasterly a distance of
approximately 118 feet along the south boundary of the right -
of -way of Monroe Street to a point on the northeast corner
of tax parcel number 45 -4 -3, thence southeasterly a distance
of approximately 230 feet along the east boundaries of tax
parcel numbers 45 -4 -3, 45 -4 -20, 45 -4 -19, and 45 -4 -18 to a
point on the southwest corner of tax parcel number 45 -4 -6,
thence northeasterly a distance of approximately 18 feet
to a point on the northwest corner of tax parcel 45 -4 -8,
thence southeasterly a distance of approximately 66 feet
to a point on the north boundary of tax parcel 45 -4 -15 that
is approximately 10 feet southwest of the northeast corner
of tax parcel number 45 -4 -15, thence southwesterly a distance
of approximately 133 feet along the south boundary of tax
parcel number 45 -4 -17, to a point on the southwest corner of
tax parcel 45 -4 -17, thence northwest a distance of approximately
29S feet along the east boundary of the right -of -way of First
Street to the point of beginning. The above described area
includes all of the following tax parcels: 45 -4 -1 through
45 -4 -3, inclusive and 45 -4 -17 through 45 -4 -21, inclusive.
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 ordiance 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.
Resolution to Table
By Alderperson Lytel: Seconded by Alderperson Haine
RESOLVED, That the matter of an ordinance amending Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code
- (Northside Rezoning - excluding Watts lot) be tabled.
442
-20-
December 2, 1987
The tabling resolution was duly put to a vote on roll call
which resulted as follows:
Dennis
- Nay
Haine
- Aye
Romanowski
- Aye
Schlather
- Nay
Lytel
- Aye
Killeen
- Aye
Cummings
- Nay
Peterson
- Nay
Booth
- Nay
Hoffman
- Nay
Ayes (4)
Nays (6)
Motion Defeated
City Attorney Nash answered Questions from Council members.
The Question of the adoption of the ordinance amending Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code
(Northside Rezoning - Excluding Watts lot) was duly put to
a vote on roll call which resulted as follows:
Romanowski
- Aye
Haine -
Aye
Schlather
- Aye
Peterson
- Aye
Lytel
- Aye
Booth
- Aye
Cummings
- Aye
Dennis
- Aye
Killeen
- Aye
Hoffman
- Aye
Ayes (10)
Carried Unanimously
Recess
Common Council recessed at 8:50 p.m. and reconvened in regular
session at 9:00 p.m.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
City Budget for 1988
Paul Sayvetz, 201 Elm Street, criticized the tax increase
as too high, citing tax hikes of 4 percent to 7 percent each
year instead of budget cuts.
Marcia Fort, Youth Employment Services Coordinator, asked
Common Council to reconsider their decision to remove the
full -time Youth Worker position from the 1988 budget. She
explained some of what the Youth Employment Services does
for young people. ,
Richard Berg, 806 North Tioga Street, spoke to Common Council
regarding the allocation of $60,000 for the rental of a bus
trolley for the Centennial Celebration. He asked that this
item be deleted from the budget and that the money be put
in the contingency fund for more appropriate uses.
Farmers' Market
Anna Steinkraus, President, Ithaca Farmers' Market, read
the following resolution from the Ithaca Farmers' Market
membership:
"WHEREAS, the Ithaca Farmers' Market is an important part
of the social and recreational well -being of many Ithacans
as well as the Public -At- Large, and
WHEREAS, the membership of the Ithaca Farmers' Market and
its customers have indicated an overwhelming preference
for the Cayuga Inlet Island site, and
WHEREAS, a reduction of the traffic and congestion problems
on Cayuga Inlet Island occurred during the Market's 1987
season as a result of the Market's efforts to further address
those concerns, and
i
443
-21-
December 2, 1987
WHEREAS, the Market is prepared to implement, subject to
City approval, a plan for substantially improving existing
problems with traffic flow, circulation, and parking which
does not involve principle use of the public thoroughfare,
and for improving the physical appearance of the Market
structure, and
WHEREAS, the Market is willing to work with our West End
neighbors to alleviate conflicts arising from our presence
there, and to further improve the ability of the Cayuga Inlet
Island Site to serve the Market and the Public -At- Large,
now, therefore, be it
RESOLVED, That the membership of the Ithaca Farmers' Market
requests a temporary use permit for the 1988 season or beyond,
to operate on the City -owned recreation land on Cayuga Inlet
Island, and be it further
RESOLVED, That the Market wishes to work with its West End
neighbors as well as continuing to work with the City of
Ithaca to better serve Ithacans and the Public -At- Large"
Iq
(O She stated that the resolution contains 158 signatures which
come from the people directly involved with the market. She
M presented a blueprint of a new structure for the Market pre-
y pared by architect Bob Leathers. She reminded Council that
all the Farmers' Market is asking for tonight is a one -year
license to operate at the Taughannock Boulevard site.
Doria Higgins, 2 Hillcrest Drive, read the following statement
to Common Council:
"I am identifying myself as speaking for myself not because
Citizens to Save Stewart Park does not concur in what I
say but because I have not had time to confer with our larger
group about this statement. I am sure they would concur.
First, we have documentation in ttie-torm of vouchers from
the City Comptrollers' Office showing that the city had acquired
property on September 19, 1986 to be used as equivalent
acreage for the "proposed" alienation of Southwest and Inlet
Valley Parks. One voucher reads "substitute park lands"
and another voucher reads "sold to City as Southwest Park
lands ". Such action is against SEQR regulations. Section
617.3 of 6 NYCCR states: "No agency involved in an action
shall carry out, fund, or approve the action, until it has
complied with the provisions of SEQR." The fact that the
city government has started implementation of this alienation
plan before even an Environmental Assessment Form had been
prepared, much less presented to you, much less filed in
Albany, is illegal according to DEC, and opens the city to
legal suit. We find it deplorable that the city has proceeded
in this way and deplorable that the October 13, 1987 P&D
Memo to Charter and Ordinance lists the very lot which had
been acquired a full year earlier by P &D, as part of the
property still to be acquired. We are aware that on March
5, 1986, Common Council voted approval for purchase offers
to be made on these lands. This seems to be one more example
of the administration's lack of respect for environmental
concerns, and for due process.
I urge that you reconsider your decision to alienate Inlet
Valley Park and that you instead resolve not to remove it
as a park from the inner city area. But it you do insist
on alienating this park, you should at least do so within
th guidelines prescribed by law.
444
-22- December 2, 1987
Secondly, as to the use of Inlet Valley Park by the Farmers'
Market, one of the crucial questions that needs to be answered
is whether or not the Market's use of that park is legal
under federal park regulations. My own opinion based on
conversations with a Deputy Commissioner at the NYS Department
of Parks and Recreation is that it is a usage compatible
with federal regulations. But there is going to be a lot
of heated exchange over this question and, therefore, it
seems necessary that you get a formal determination from
Albany as to what federal guidelines apply in this particular
case. Otherwise, it will be a situation where one side says
"it is" and the other says "it isn't ".
The operative variables I have been told are whether the
Market usage precludes other activities at other times and
whether the market is more than just a profit- making affair
to the community. The Deputy Commissioner thought, based
on his present understanding of the Market, that its operation
was a reasonable use of the park, even according to federal
guidelines.
Mr. Romanowski has said to me that the Farmers' Market use
of Inlet Valley Park is the same as the Chamber of Commerce
use of Stewart Park land. If he thinks they are the same,
how can he vote for the Chamber being at Stewart Park but
not for the Market being at Inlet Valley? With all due respect
to Mr. Romanowski the two usages are quite different.
The Farmers' Market use of the park is for a limited time
only each week - -at present for five hours. It is an event
with festive overtones to which the community flocks. The
rest of the week the land is available to the public for
public usage as park land.
By contrast the asphalt access road in Stewart Park to the
new Chamber of Commerce office building can be used only
by people going to or from the Chamber building. It will
become totally unavailable for park usage.
And similarly with the Chamber parking lot. It will be used
only by Chamber staff and Chamber clients (except maybe on
the Fourth of July). And even though the proposed "license"
in attempting to avoid charges of exclusivity may say that
the Youth Bureau can use the lot, why should the Youth Bureau
want to use it? 'They have a lot of their own. And in any
event, the charge of exclusivity could still be made - -it
would just include the Youth Bureau with the Chamber in claim
of exclusive use.
The Farmers' Market use of park land and the Chamber of Commerce
use of park land are two very different situations, legally
and practically, but it behooves the city to make sure that
your action regarding those two parks is consistent.
Thank you."
Susan Blumenthal, 305 Mit,:hell Street, Chairperson of the
Planning & Development Board, spoke to Council regarding
resolution 15.4 and 15.5 on tonight's agenda. The Planning
Board has voted in support of the resolution for the extension
of the permit for Farmers' Market at Taughannock Boulevard.
It seems ill- advised to her that resolutions 15.4 and 15.5
concerning permanent location of the Ithaca Farmers' Market
and the long -term use of the Inlet Island land are before
Council this evening. She stated that she was not speaking
on behalf of the entire Planning Board as she only found
out about these resolutions last night and also the Planning
Board was not asked for their opinion on these resolutions.
J
-23- December 2, 1987
This seems very strange since a sub - committee of the Board
and its representatives spent two years working on seeking
a permanent home for the Market. The actions this evening
represent extremely poor planning from her point of view
since she doesn't believe that there are current documents
or studies to support either of these resolutions or any
other resolutions concerning the Inlet Island land use. The
important questions of whether there should be residential,
commercial, industrial or whatever land use down there has
not been looked at in a systematic and orderly way. Needless
to say, there is significant city -wide implications to land
use determinations at the site and decisions about these
Coe, issues should not be made randomly. She feels that the process
has been lacking. The citizens of the community have not
had a reasonable chance to participate prior to this evening.
Whatever ones opinion is about the Farmers' Market location,
and she is not arguing that issue at this point, she thinks
that what has proceeded the meeting is not a satisfactory
way to make these decisions.
The following persons spoke in favor of the Farmers' Market
remaining at the Taughannock Boulevard site:
LD Carol Kates - 1291 Taughannock Boulevard
Marty Riche - 216 Wait Avenue
Tim Mount - 313 East Upland Road
m Esther Dotson - 246 Updike Road
Q George Sheldon - 1511 Ridge Road, Lansing
Paul Sayvetz, - 201 Elm Street
Andre Goncharoff - RD #2 Trumansburg
Neil Schwartzbach - 107 Park Place
David Ruether - 1189 East Shore Drive
David Post - 423 North Geneva Street
Nancy Young - 352 West King Road
James Cavanaugh - Interlaken
Llywolaf Johns III - 1641 Shaw Road, Lodi
The following persons spoke against the Ithaca Farmers' Market
remaining on the Taughannock Boulevard site:
Joseph Ciaschi - Owner, Station Restaurant
Peter Degraff - 151 Northview Road
Steven DeGraff - 22 -2F Northwood Apartments
Mark Zaharis - 714 West Buffalo Street
The order of discussing the resolutions regarding Farmers'
Market took place.
Discussion followed on the need for an environmental review
at the present Farmers' Market site.
Attorney Nash reported to Council that a few months ago he
had advised the Board of Public Works that an Environmental
Assessment Review was necessary before they granted Farmers'
Market another permit.
Alderperson Schlather agreed that it seemed clear to him
that there should be environmental review before the city
makes a decision and that the cost of an environmental review
be borne by the applicant'.' He also suggested that the Conser-
vation Advisory Council be used as the "watch dog" to ensure
that the environmental review goes forward and be done properly
but that the final sign -off be done by the Common Council
or Board of Public Works, whichever is lead agency.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Farmers' Market
By Alderperson Schlather: Seconded by Alderperson Romanowski
445
-24- December 2, 1987
WHEREAS, the Farmers' Market has made application for a license
to use the city -owned property on the so- called Inlet Island
site for its marketing activities in 1988, and
WHEREAS, it appears that full environmental review should
be conducted prior to consideration of the application; now,
therefore, be it
RESOLVED, That this Common Council directs that full environ-
mental review, including the preparation of a Long Environmental
Assessment Form and an Environmental Impact Statement, as
appropriate, be conducted at the expense of the applicant,
prior to consideration of this application, and be it further
RESOLVED, That the Ithaca City Conservation Advisory Council
(CAC) be and it is hereby charged with the responsibility
of monitoring and reviewing such environmental review, and
directed to report the results of such environmental review
to the Board of Public Wroks upon completion thereof and
prior to consideration of the application herein.
Discussion followed on the floor.
Board of Public Works Commissioner Nichols stated that the
Board of Public Works does not wish to negotiate with the
Farmers' Market unless they have full authority to make a
determination and a decision.
Further discussion followed on the floor on the environmental
review process and what projects may need this process.
Motion to Refer to Committee
By Alderperson Killeen: Seconded by Alderperson Lytel
RESOLVED, That the resolution be referred to the Charter
and Ordinance Committee for review and report back to the
Common Council. I )
Discussion on the referral followed on the floor.
A vote on the resolution to refer to committee resulted as
follows:
Ayes (2) - Lytel, Killeen
Nays (8) - Schlather, Booth, Hoffman, Peterson, Romanowski,
Cummings, Haine, Dennis
Motion Defeated
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Peterson
RESOLVED, That there be a new first Resolved to read as follows:
"'That Common Council hereby assumes the authority and responsi-
bility for acting upon said application and designates itself
as lead agency for purposes of environmental review."
Discussion followed on the floor on the amendment.
A vote on the amendment resulted as follows:
Ayes (7) - Lytel, Haine, Booth, Killeen, Hoffman, Peterson,
Cummings
Nays (3) - Schlather, Romanowski, Dennis
Carried
Amending Resolution
By Alderperson Booth: Seconded by ALderperson Killeen
RESOLVED, That the second RESOLVED read as follows: "That
this Common Council directs that full environmental review,
including the preparation of a Long Environmental Assessment
Form and an Environmeetal Impact Statement, as may be appropriate,
m
a
616q.-
-2S- December 2, 1987
be conducted by the City Planning Office in consultation
with the Conservation Advisory Council in time for a decision
by the Common Council on this application at its February
1988 meeting."
Discussion followed on the floor on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (2) - Killeen, Booth
Nays (8) - Schlather, Lytel, Romanowski, Haine, Peterson,
Hoffman, Dennis, Cummings
Motion Defeated
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) - Schlather, Romanowski, Cummings, Haine, Dennis,
Hoffman
Nays (4) - Peterson, Booth, Lytel, Killeen
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
Ithaca Farmers' Market - Extension of Permit for Taughannock
Boulevard Site
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, it is not likely that the location of a permanent
site for the Farmers' Market will be resolved prior to the
Market's Spring 1988 operating season, and
WHEREAS, the Common Council has taken into account the concerns
expressed by the neighbors of the Market at the West End
location, and
WHEREAS, the Common Council has also taken into account the
efforts of the Market to address those concerns; now, therefore,
be it
RESOLVED, That the Common Council proceed with negotiations
with the Farmers' Market for a revocable license for
next year, and be it further
RESOLVED, That the issuance of such a permit be on condition
that the Market prepare and implement, subject to Common
Council approval, a plan for substantially improving existing
problems with traffic flow, circulation, and parking which
does not involve principal use of the public thoroughfare,
and for improving the physical appearance of the market structure
and grounds, and that all such improvements must be flexible,
removable and temporary in nature, and be it further
RESOLVED, That the Common Council does not necessarily accept
these improvements as the plan for permanent development
of the Taughannock Boulevard site, and be it further
RESOLVED, That the Farmers' Market must redouble its efforts
to work with its West End neighbors possibly through a mechanism
such as the Community Dispute Resolution Center to resolve
any conflicts arising from their presence there.
447
Alderperson Cummings gave background information on the resolution.
Amending Resolution
BY Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the First RESOLVED read as follows: "That
the Common Council proceed with negotiations with the Farmers'
Market for a revocable license for next year, provided that
such license is allowable by. law and regulation and consistent
with environmental review."
Carried Unanimously
448 -26- December 2, 1987
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That in the Second RESOLVED, the following be added
to the end of the paragraph: "That the Market pay for the
use of these lands in an amount wholly consistent with that
charged other licensees of city property ".
Discussion followed on the floor on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (4) - Schlather, Romanowski, Dennis, Killeen
Nays (6) - Lytel, Haine, Cummings, Peterson, Hoffman, `
Booth
Motion Defeated
Further discussion followed on the Main Motion as amended.
Alderperson Schlather stated that as a matter of fairness
to other people in the area lie believes that the Market has
outgrown the Taughannock Boulevard site. He stated that
Council should send the message to the Market that the city
wants the Market, that we like its identification with the
Ithaca area but it is just too big for that site.
Alderperson Booth asked Alderperson Schlather to re -read
his qualifying clause regarding environmental and legal
review.
Alderperson Schlather responded that the First RESOLVED
would read: "That the Common Council proceed with negotiations
with the Farmers' Market for a revocable license for next
year provided that such license is allowable by law and
regulation and consistent with environmental review."
Alderperson Booth asked if that means that those have to
be completed before negotiations proceed or does Alderperson
Schlather intend that it mean that negotiations can proceed
but can't be completed.
Alderperson Schlather responded that negotiations could
proceed but no decisions could be made. There is no question
that, if in fact this resolution is to pass, the intent is
to implement it for 1.988.
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Lytel, Cummings, Haine, Booth, Killeen, Hoffman,
Peterson
Nays (3) - Schlather, Romanowski, Dennis
Carried
Ithaca Farmers' Market - Denial of Use of Taughannock Boulevard
Site as Permanent Home
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the Ithaca Farmers' Market has expanded beyond the
ability of the Taughannock Boulevard site to accommodate
it without substantial disruption of neighboring business
establishments, and
WHEREAS, the severe traffic and congestion problems on the
Inlet Island which have resulted from the Market's continued
growth, are evidence that the site has reached the limits
of its ability to serve the Market, and
WHEREAS, should the Market remain on the site it will not
have room for further growth and expansion; now, therefore,
be it
449
-27-
December 2, 1987
RESOLVED, That the City does not wish to make available its
land on Cayuga Inlet Island as a permanent site for the Ithaca
Farmers' Market.
Discussion followed on the floor.
RESOLVED, That Council finds that it is within the public
interest to develop the Inlet Island land such that it continues
to be available for use by the public -at- large.
Discussion followed on the floor.
Tabling Resolution
By Alderperson Peterson: Seconded by Alderperson Cummings
RESOLVED, That the resolution on long -term use of Cayuga
Inlet Island - City owned property to remain in public use
be tabled.
Ayes (7) - Booth, Schlather, Peterson, Hoffman, Lytel,
Killeen, Cummings
Nays (2) - Romanowski, Dennis
Abstention (1) - Haine
Carried
BUDGET AND ADMINISTRATION COMMITTEE:
Adoption of 1988 Budget
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, this Common Council has reviewed the Executive Budget
as proposed by Mayor John C. Gutenberger, and the Budget
and Administration Committee recommendations, and
WHEREAS, it is the consensus of this Common Council that
the total appropriations and estimated revenues are adequate
for the operation of the City for 1988; now, therefore, be it
RESOLVED, That the City of Ithaca Budget for 1988, in the
total amount of $22,766,069, be approved, and be it further
RESOLVED, That the following sections of the 1988 Budget
be approved:
(A) General Fund Appropriations
(B) Revenue Sharing Fund Appropriations
(C) Water Fund Appropriations
(D) Sewer Fund Appropriations
(E) Joint Activity Fund Appropriations
(F) Commons Assessment Fund Appropriations
Tabling Resolution
By Alderperson Peterson:
Seconded by
Alderperson Booth
RESOLVED, That the resolution
on the Ithaca
Farmers' Market -
Denial of Use of Taughannock
Boulevard Site as Permanent
(600e
Home be tabled.
Ayes (7) - Schlather,
Romanowski, Lytel,
Booth, Killeen,
Peterson,
Hoffman
Nays (3) - Cummings,
Dennis, Haine
Carried
Long Term Use of Cayuga
Inlet Island -
City Owned Property
to Remain in Public Use
By Alderperson Cummings:
Seconded by
Alderperson Peterson
WHEREAS, the alienation
of city -owned
recreation land on
�-
Cayuga Inlet Island does
not preclude
continued use of that
LO
land for public purposes,
and
WHEREAS, the 7+ acres of
land on Inlet
Island constitute
[o
one of the last remaining
public sites
within the city offering
Q
waterfront access; now,
therefore, be
it
RESOLVED, That Council finds that it is within the public
interest to develop the Inlet Island land such that it continues
to be available for use by the public -at- large.
Discussion followed on the floor.
Tabling Resolution
By Alderperson Peterson: Seconded by Alderperson Cummings
RESOLVED, That the resolution on long -term use of Cayuga
Inlet Island - City owned property to remain in public use
be tabled.
Ayes (7) - Booth, Schlather, Peterson, Hoffman, Lytel,
Killeen, Cummings
Nays (2) - Romanowski, Dennis
Abstention (1) - Haine
Carried
BUDGET AND ADMINISTRATION COMMITTEE:
Adoption of 1988 Budget
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, this Common Council has reviewed the Executive Budget
as proposed by Mayor John C. Gutenberger, and the Budget
and Administration Committee recommendations, and
WHEREAS, it is the consensus of this Common Council that
the total appropriations and estimated revenues are adequate
for the operation of the City for 1988; now, therefore, be it
RESOLVED, That the City of Ithaca Budget for 1988, in the
total amount of $22,766,069, be approved, and be it further
RESOLVED, That the following sections of the 1988 Budget
be approved:
(A) General Fund Appropriations
(B) Revenue Sharing Fund Appropriations
(C) Water Fund Appropriations
(D) Sewer Fund Appropriations
(E) Joint Activity Fund Appropriations
(F) Commons Assessment Fund Appropriations
450
-28- December 2, 1987
(G)
General Fund Revenues
(fl)
Revenue Sharing Fund
Revenues
(I)
Water Fund Revenues
(J)
Sewer Fund Revenues
(K)
Joint Activity Fund Revenues
(L)
Commons Assessment Fund
Revenues
(M)
Debt Retirement Schedule
(N)
Capital Projects
(0)
Schedule of Salaries
and Positions - General Fund
(P)
Schedule of Salaries
and Positions - Water and Sewer Fund
(Q)
Schedule of Salaries
and Positions - Joint Activity Fund
(R)
Authorized Equipment
- General Fund
(S)
Authorized Equipment
- Water Fund
(T)
Authorized Equipmeet
- Sewer Fund
(U)
Authorized Equipment
- Joint Activity Fund
Amending Resolution
BY Alderperson Lytel: Seconded by Alderperson Haine
RESOLVED, That $14,381 be removed from A72SO (hourly full -time)
and $8,512 be added to line 120 (part -time line) returning
that position to a part -time position at the Golf Course.
Ayes (7) - Booth, Schlather, Hoffman, Haine, Lytel, Killeen
Romanowski,
Nays (3) - Cummings, Peterson, Dennis
Carried
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Haine
RESOLVED, That $4,370 be added to A7310 to make the Youth
Employment position a full -time position.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (7) - Lytel, Cummings, Haine, Booth, Killeen, Hoffman,
Peterson
Nays (3) - Schlather, Romanowski, Dennis
Carried
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That $53,198 be stricken from AS630 for a Trolley
Bus.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (4) - Lytel, Booth, Hoffman, Peterson
Nays (6) - Schlather, Dennis, Cummings, Haine, Killeen,
Romanowski
Motion Defeated
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That $75,000 be transferred from part -time seasonal
in the Youth Bureau line to the Restricted Contingency Fund.
Ayes (S) - Schlather, Romanowski, Cummings, Haine, Killeen
Nays (S) - Dennis, Peterson, Hoffman, Booth, Lytel
Mayor Gutenberger voted Nay breaking the tie. vote.
Motion Defeated
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That $22,000 be added to the salary line to hire
a full -time City Attorney to serve under the half -time appointed
City Attorney.
Disucssion followed on the floor.
0
Irn
451
-29- December 2, 1987
A vote on the amending resolution resulted as follows:
Ayes (2) - Booth, Hoffman
Nays (8) - Schlather, Romanowski, Cummings, Haine, Hoffman,
Lytel, Peterson, Dennis
Motion Defeated
Amending Resolution
By Alderperson Peterson Seconded by Alderperson Dennis
RESOLVED, That $400 be added for the Senior Citizens Council
Center to Account A1010, Legislative.
Ayes (7) - Lytel, Cummings, Haine, Dennis, Booth, Killeen,
Peterson
Nays (3) - Schlather, Romanowski, Hoffman
Carried
The Question of the adoption of the foregoing resolution,
as amended, was duly put to a vote on roll call, which resulted
as follows:
ZI
d-
Killeen
- Aye
Haine
- Aye
LO
Dennis
- Aye
Romanowski
- Aye
Hoffman
- Aye
Lytel
- Aye
Booth
- Nay
Peterson
- Aye
M
Schlather
- Nay
Cummings
- Aye
a
Ayes (8)
Nays (2)
Carried
Adoption
of 1988
Tax Rate
By
Alderperson Dennis:
Seconded
by Alderperson Killeen
WHEREAS,
the 1988
City of Ithaca
Budget was approved,
adopted
and
confirmed in
the total amount
of $22,766,069,
on December
2,
1987, in accordance
with a detailed
Budget on
file in
the
office of the
City Controller,
and
WHEREAS, available and estimated revenues total $17,462,527
leaving $5,303,542, as the amount to be raised by taxation,
and
WHEREAS, the Assessment Roll for 1988, certified and filed
by the Assessment Department of Tompkins County, has been
footed and approved and shows the total net taxable valuation
as $311,973,071, and
WHEREAS, under Charter provisions, the tax limit for City
purposes amounts to $7,968,060 for 1988; now, therefore,
be it
RESOLVED, That the Tax Rate for general purposes, for the
fiscal year, 1988, be, and the same hereby is, established
and fixed at $17.00 per $1,000 of taxable valuation as shown,
certified and extended against the respective properties
on the 1988 Tax Roll, thereby making a total tax levy as
near as may be, of $5,303,542, and be it further
RESOLVED, That the amount of said tax levy be spread, and
(amorl the same hereby is levied upon and against the respective
properties shown on said City Tax Roll, in accordance with
their respective net taxable valuation, at the rate of $17.00
per $1,000 of such taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed
to extend and apportion the City Tax as above, and that upon
the completion of the extension of said Roll, the City Clerk
shall prepare a warrant on the City Chamberlain, for the
collection of said levy; and the Mayor and the City Clerk
452
-30-
December 2, 1987
hereby are authorized and directed to sign and affix the
corporate seal to such warrant and forthwith to file the
same with said Tax Roll with the City Chamberlain, and be
it further
RESOLVED, That upon the execution and filing of said warrant
and Tax Roll with the City Chamberlain, the amounts of the
City Tax set opposite each and every property shall hereby
become liens, due, payable and collectible in accordance
with provisions of the City Charter and other laws applicable
thereto, and be it further
RESOLVED, That the total sum of
in accordance with the Budget a,
Boards, Offices and Departments
respectively set forth therein.
has been completed and approved
of Tompkins County and resulted
$5,303,542 be appropriated
3opted, to the respective
of the City, for the purposes
The 1988 Assessment Roll
by the Assessment Department
in the following valuation:
Valuation of Land $ 84,304,350
Valuation of Buildings 521,853,494
Total Value of Real Property
Less: Value of Exempt Property
Plus: Value of Special Franchises
Net Value of Taxable Property
$606,157,844
310,574,922 (51.24%)
$295,582,922
16.390.149
$311,973,071
Alderperson Schlather thanked Alderperson Dennis for his
work during the budget season.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call which resulted as follows:
Schlather
- Aye
Romanowski
- Aye
Booth
- Aye
Peterson
- Aye
Lytel
- Aye
Dennis
- Aye
Hoffman
- Aye
Haine
- Aye
Cummings
- Aye
Killeen
- Aye
Ayes (10)
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the bills presented, as listed on Audit Abstract
#22/1987, in the total amount of $35,980.37 be approved for
payment.
Carried Unanimously
Final Audit
By Alderperson Den
RESOLVED, That the
City Controller be
any bills for 1987
nis: Seconded by Alderperson Killeen
Budget and Administration Committee and
empowered to approve and audit for payment
as may require such action.
Carried Unanimously
Youth Bureau Application to New York State
By Alderperson Dennis: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca is about to submit an application
for continuation of the Youth Bureau Project to the New York
State Division for Youth for its approval, and, if approved,
to apply subsequently to the State of New York for partial
reimbursement of funds expended on said Project, as provided
by Chapter SS6 of the Laws of 1945, as amended; now, therefore,
be it
0
J
-31- December 2, 1987
RESOLVED, That such application is in all respects approved
and Mayor John C. Gutenberger is hereby directed and authorized
to duly execute and present said application to the New York
State Division for Youth for its approval, and be it further
RESOLVED, That this resolution shall take effect January
1, 1988.
Carried Unanimously
Deputy Director of Planning and Development
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That the 1987 salary of Paul Mazzarella, Deputy
Director of Planning and Development, be established at
$35,324, effective December 7, 1987.
Ayes (9) - Romanowski, Booth, Lytel, Cummings, Haine,
Killeen, Hoffman, Peterson, Dennis
Nay (1) - Schlather
Carried
Legal Services
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That $3,000 be transferred from Account A1990,
Contingency, to Account A1420 -430, Fees for Professional
= Services, to provide funding for legal services as requested
m by the City Attorney.
Carried Unanimously
d
MAYOR'S APPOINTMENTS
Tompkins County Youth Bureau Board
Mayor Gutenberger requested approval of the appointment of
Amy L. Trueman, 1002 North Cayuga Street to the Tompkins
County Youth Bureau Board for a term to expire December 31,
1990.
Resolution
By Alderperson Killeen: Seconded by Alderperson Peterson
RESOLVED, That this Common Council approves the appointment
of Amy L. Trueman to the Tompkins County Youth Bureau Board
for a term to expire December 31, 1990.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting was adjourned at 12:30 a.m. and will
reconvene at 7:30 p.m. on Monday, December 7, 1987.
Calli s a ao ange
City Clerk
�'Lq-
453