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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 19 -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