HomeMy WebLinkAboutMN-CC-1991-11-060
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Regular Meeting
PRESENT:
Mayor Nichols
Alderpersons (10) -
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
7:00 P.M. November 6, 1991
Booth, Blanchard, Peterson, Cummings, Daley,
Golder, Romanowski, Schroeder, Johnson,
Hoffman
OTHERS PRESENT:
City Clerk - Paolangeli
City Controller - Cafferillo
City Attorney - Guttman
Fire Chief - Olmstead
Police Chief - McEwen
Planning and Development Deputy Director
Acting Building Commissioner - Eckstrom
Acting Superintendent of Public Works -
Personnel Administrator - Saul
Youth Bureau Director - Cohen
Board of Public Works-Commissioner
- Sieverding
Gray
- Reeves
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the October 2, 1991 Common Council Meeting
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the October 2, 1991 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Peterson requested the addition of a Substitute
Resolution for Item 15.8, "Amendments to 1991 Budget ".
Alderperson Peterson requested the addition of Item 15.11, "1992
Mayor's Proposed Budget ".
No Council member objected.
Planning and Development Committee
Alderperson Hoffman requested the addition of a brief report on the
Comprehensive Housing Affordability Strategy.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Section 30.25
Entitled `District Regulations', Column 2 Entitled `Permitted
Primary Uses' of Chapter 30 Entitled `Zoning' of the City of Ithaca
Municipal Code
Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 30.25 entitled `District Regulations', Column 2 entitled
`Permitted Primary Uses' of Chapter 30 entitled `Zoning' of the
City of Ithaca Municipal Code be declared open.
Carried Unanimously
Alderperson Hoffman explained the proposed Amendment to the
Ordinance.
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November 6, 1991
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 30.25 entitled `District Regulations', Column 2 entitled
`Permitted Primary Uses' of Chapter 30 entitled `Zoning' of the
City of Ithaca Municipal Code be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Southside Re- zoning
Mr. George Hagood, representing the Southside Neighborhood
Association, spoke to Council in favor of the proposed re- zoning of
the Southside Center. He also spoke about the need for more room
at the Southside Center so that their programs can be expanded to
more fully accommodate the children in that area of the City.
Tenants' Rights
Mr. Joel Harlan, 404 Lake Street, spoke to Common Council regarding
tenants' rights. He urged Council to become more involved with the
tenants of the City of Ithaca.
Commons Capital Project
Mr. Andrew Gillis, on behalf of the Commons Advisory Board, spoke
to Council regarding B &A Item 15.1 on tonight's agenda. He
reported on the results of a survey of Commons merchants. These
merchants are in favor of this project happening in one phase in
1992. He urged Council to support this project.
Ms. Peggy Underwood, a member of the Commons Advisory Board, spoke
to Council in favor of the proposed project on The Commons.
Citizen Pruner Program - Report
Ms. Monika Crispin and Ms. Nancy Brown gave an update on the
projects that have been undertaken by the Citizen Pruner Program to
date. They stated that there have been a total of 259 volunteer
hours donated to the program so far this year. They feel it has
been extremely succcessful and hopes that it will continue to
receive support from the City.
Cataract Hose Company Number 7
Mr. William Henry and Mr. George Diamond, representing Cataract
Hose Company Number 7, read a statement to the Council requesting
that Council support the Fire Commissioners 1992 Budget. They
further requested-that the City keep #7's operating as a fire
station. (Statement on file in the City Clerk's Office).
RESPONSE TO THE PUBLIC:
Citizen Pruner Program
Alderperson Romanowski thanked the persons involved in the Citizen
Pruner Program for all the work that they have done on behalf of
the City.
Alderperson Cummings stated that the Citizen Pruner group has done
an excellent job and they should be used as a role model for other
groups in the City.
#7 Fire Station
Alderpersons Peterson and Hoffman expressed their support for the
#7 Fire Station and stated that they also would like to keep it
operating.
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November 6, 1991
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Fire Commissioners
Mr. Jim Mayer, representing the Board of Fire Commissioners,
presented a statement to Council regarding the 1992 Budget that the
Board of Fire Commissioners approved at the Board's August 13, 1991
meeting. (The statement is filed in the City Clerk's Office).
Mayor Nichols and Alderperson Booth invited the Board of Fire
Commissioners to the B &A meeting on November 21 to discuss the Fire
C e
Department budget.
Board of Public Works
Commissioner Reeves reported on the following items to the Council:
Pick Up of Leaves - Comm. Reeves referred to an article in the
newspaper regarding leaf piles being left in the streets. She read
a statement from Assistant Superintendent Ferrel that clarified
t— this article.
NN Street Name Change - The Board held a Public Informational meeting
at the Southside Community Center in regard to the proposed change
m of the name of Cleveland Avenue to Wheat Street. The general
Z consensus of residents showed a definite lack of support for the
change. One suggestion that was made was the possible installation
of a historical marker on the street. The Board will conclude
discussion of this issue at a later date after receiving
information about the historical marker and a final tally of the
resident's views.
Commons Renovation Project - The Board passed a resolution on
October 9 which was sent to the Budget and Administration Committee
with the recommendation that the City go ahead with the project at
the budgeted figure of $450,000 for the entire project. The Board
would like the project to be completed in a timely manner.
Use of DeWitt Park - The Board continues to receive requests from
various groups for the use of DeWitt Park. The Presbyterian Church
owns DeWitt Park and the City has a long standing agreement with
the Church to maintain the park. Because of the requests and
because our agreement with the Church is so old, Commissioner
Reeves will be meeting with Assistant City Attorney Kennedy to
formulate some guidelines for the use of the park. Representatives
from the Church will be asked to join in the discussions to give
their input.
REPORT OF THE CITY ATTORNEY:
Contract for the Transit Facility
City Attorney Guttman reported that the City has received back the
fully signed and notarized contract from Cornell, Gadabout and the
County regarding the Transit Facility.
Reapportionment Committee
City Attorney Guttman reported that the Reapportionment Committee
has been meeting on a regular basis. There will be a public
meeting on Wednesday, November 13th to obtain public input on the
reapportionment issue.
City Hall Annex - Real Estate Taxes
City Attorney Guttman reported that in regard to the action that
the City brought against the County Board of Assessment, the Judge
has ruled that the property should be reinstated to the exempt
portion of the tax rolls. The City, therefore, will not be
required to pay real estate taxes on the City Hall Annex.
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November 6, 1991
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 D.P.W. Request to Increase Authorization and Establish
Design Contract for Commons Improvement Capital Project #243
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Department of Public Works has recommended that the
first phase of the Commons Improvement Project be rescheduled for
the Spring of 1992, and
WHEREAS, the current funding authorization for the first phase of
said project is not sufficient to cover all projected related
costs, such as, additional design costs and in -house professional
services; now, therefore, be it
RESOLVED, That Capital Project #243 Commons Improvements be
increased by $57,000 to a maximum projected cost of $220,780., to
reflect current projects cost increases, and be it further
RESOLVED, That the Mayor be authorized to execute an agreement for
the provision of Architect Design services at a cost not to exceed
$ , which shall be paid from the Capital
Project fund established for this purpose, and be it further
RESOLVED, That the financing for such increased authorization be
derived from the issuance of Bonds.
Discussion followed on the floor with several Alderpersons making
comments.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Blanchard
RESOLVED, That the following changes be made to the resolution:
In the First Whereas clause, the words "the first phase of" be
stricken;
In the Second Whereas clause, the words "the first phase of said"
be stricken, and the word "this" added before the word "project" in
the second line;
In the First Resolved, the figure "$57,000" and the figure
"$220,780" be deleted and the figure "$276,220" and the figure
"$460,000" be inserted in their place.
In the Second Resolved, the figure should read "$58,000 ".
Discussion followed on the floor on the amendment.
A vote on the Amending Resolution resulted as follows:
Ayes (7) - Blanchard, Schroeder, Daley, Hoffman, Cummings,
Romanowski, Johnson
Nays (3) - Booth, Golder, Peterson
Carried
Main Motion as Amended
The Main Motion as Amended shall read as follows:
WHEREAS, the Department of Public Works has recommended that the
*Commons Improvement Project be rescheduled for the Spring of 1992,
and
WHEREAS, the current funding authorization for this project is not
sufficient to cover all projected related costs, such as,
additional design costs and in -house professional services; now,
therefore, be it
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November 6, 1991
RESOLVED, That Capital Project #243 Commons Improvements be
increased by $276,240 to a maximum projected cost of $460,000., to
reflect current projects cost increases, and be it further
RESOLVED, That the Mayor be authorized to execute an agreement for
the provision of Architect Design services at a cost not to exceed
$58,000, which shall be paid from the Capital Project fund
established for this purpose, and be it further
RESOLVED, That the financing for such increased authorization be
derived from the issuance of Bonds.
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Schroeder, Blanchard, Johnson, Romanowski,
Cummings, Daley, Peterson, Hoffman
Nays (2) - Booth, Golder
Carried
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The project referred to is the expanded project recommended by the
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m Board of Public Works as outliend in memo dated October 4, 1991.
Z* 15.2 Appointment of Assistant Superintendent of Public Works
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That Dennis Shimer be provisionally appointed to the
position of Assistant Superintendent of Public Works (Water &
Sewer) at an annual salary of $43,000 and relocation expenses not
to exceed $1,500, effective October 15, 1991.
Carried Unanimously
* 15.3 D.P.W. Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Chief Water Treatment Plant Operator has recommended
Water Treatment Plant Operator William Baker for an employee
incentive award pursuant to the terms of the CSEA Administrative
Unit Contract, and
WHEREAS, the Chief Water Treatment Plant Operator has provided the
Budget and Administration Committee with substantial justification
for granting this employee incentive award, and
WHEREAS, the Chief Water Treatment Plant Operator's recommendation
complies with procedures and guidelines outlined in the CSEA
Administrative Unit Contract; now, therefore, be it
RESOLVED, That William Baker's salary be increased by four (4%)
percent to an annual salary of $27,384., effective September 3,
1991, and be it further
RESOLVED, That the funding for such increase shall be derived from
existing funds within the 1991 Water and Sewer Budget.
Ayes (7) - Johnson, Blanchard, Romanowski, Peterson,
Hoffman, Cummings
Nays (3) - Daley, Golder, Booth
Carried
Alderperson Golder explained that his vote is not against the
person but against the whole issue of merit pay.
* 15.4 D.P.W. Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Chief Water Treatment Plant Operator has recommended
Water Treatment Operator John Coggin for an employee incentive
award pursuant to the terms of the CSEA Administrative Unit
Contract, and
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November 6, 1991
WHEREAS, the Chief Water Treatment Plant Operator has provided the
Budget and Administration Committee with substantial justification
for granting this employee incentive award, and
WHEREAS, the Chief Water Treatment Plant Operator's recommendation
complies with procedures and guidelines outlined in the CSEA
Administrative Unit Contract; now, therefore, be it
RESOLVED, That John Coggin's salary be increased by four (0 )
percent to an annual salary of $19,464., effective September 3,
1991, and be it further
RESOLVED, That the funding for such increase shall be derived from
existing funds within the 1991 Water and Sewer Budget.
Ayes (7) - Blanchard, Romanowski, Cummings, Peterson,
Johnson, Hoffman, Schroeder
Nays (3) - Daley, Golder, Booth
Carried
Alderperson Daley explained that his vote is not against the person
but against the policy of using incentive awards during this time
of budget cuts.
* 15.5 Appointment of Youth_ Development Program Leader
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Willete Kolu Zigbi be provisionally appointed to the
position of Youth Development Program Leader at an annual salary of
$16,247., that being Step 2 on the CSEA Administrative Unit
Compensation Plan, effective November 7, 1991.
Carried Unanimously
* 15.6 D.P.W. Amendment to Personnel Roster
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the Personnel Roster of the Department of Public
Works be amended as follows:
Delete: One (1) Director of Water and Sewer Operations
Add One (1) Supervisor of Water and Sewer Operations
and be it further
RESOLVED, That the position of Supervisor of Water and Sewer
Operations be assigned to the City Executive Association at Salary
Grade 1 ($29,982. - $36,544.), and be it further
RESOLVED, That Kenneth Harding (who is currently the Acting
Director of Water & Sewer Operations) be provisionally appointed to
the position of Supervisor of Water & Sewer Operations at an annual
salary of $34,017., effective October 15, 1991.
Carried Unanimously
* 15.7 Planninq Department Request to Increase Authorization and
Amend Design Contract for GIAC Renovation Capital Project #248
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the GIAC Renovation Project has been established at a
maximum estimated cost of $25,000. for the project Design services
only, and
WHEREAS, the City has designed a proposed project for renovating
GIAC, and
WHEREAS, the Planning Department has recommended that the GIAC
Renovation Project be increased to reflect the total reconstruction
and other related costs, and
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November 6, 1991
WHEREAS, the Planning Department has recommended that the GIAC
Renovation Project Design contract be amended to reflect the
increased cost of completing said design; now, therefore, be it
RESOLVED, That Capital Project #248 GIAC Renovations be increased
by $540,100. to a maximum project cost of $565,100., to reflect the
additional design costs as well as the reconstruction and other
related project costs, (as outlined on attached Schedule A), and be
it further
RESOLVED, That the Planning Department be authorized to amend the
Design Contract with Sear Brown Architects for the provision of
Architect Design Services at a cost not to exceed $46,235., which
shall be paid from the Capital Project fund established for this
purpose, and be it further
Carried Unanimously
* 15.8 Finance Department - Controller - Amendments to 1991 Budget
Substitute Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Controller has reviewed the 1991 Budget in
response to notification received by New York State that
significant reductions in 1991 -92 New York State Revenue sharing
allocations have occurred, and significant over expenditures and
short -falls in key expenditures and revenue accounts to the City's
1991 Budget have occurred, and
WHEREAS, significant over expenditures and short -falls in key
(4000, expenditure and revenue accounts to the City's 1991 Budget have
occurred due to the influence of a weak economy; now, therefore, be
it
RESOLVED, That the following targeted budget adjustments be
established as a means of off - setting reductions in revenues and
increases in expenditures in the 1991 Budget:
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RESOLVED, That the financing of for such
increase in authorization
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be derived from the issuance of Bonds.
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SCHEDULE "A"
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GIAC Renovations Construction and Design
Costs as follows:
C
Elevator
$114,440
G
Code Related Basement Work
28,260
First Floor Restrooms
8,000
First Floor Code Related Work
18,100
Second Floor Restrooms
8,000
Second Floor Code Related Work
7,330
Roof Replacement
81,825
Alarm System
18,750
Lighting and Power
18,500
Ventilation Improvements
58,400
Temperature Controls
21,700
Sprinkler System
89,000
Construction Bond Financing Fees
5,000
Architecture /Engineering Fees
46,235
City Project Development Staff
5,000
Construction Clerk P/T
15,000
Construction Testing
3,000
Contingency
18,560
Total Project Cost
$565,100
Carried Unanimously
* 15.8 Finance Department - Controller - Amendments to 1991 Budget
Substitute Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Controller has reviewed the 1991 Budget in
response to notification received by New York State that
significant reductions in 1991 -92 New York State Revenue sharing
allocations have occurred, and significant over expenditures and
short -falls in key expenditures and revenue accounts to the City's
1991 Budget have occurred, and
WHEREAS, significant over expenditures and short -falls in key
(4000, expenditure and revenue accounts to the City's 1991 Budget have
occurred due to the influence of a weak economy; now, therefore, be
it
RESOLVED, That the following targeted budget adjustments be
established as a means of off - setting reductions in revenues and
increases in expenditures in the 1991 Budget:
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1991 AMENDED GENERAL FUND BUDGET
PROJECTED OVER EXPENDITURES:
Health Insurance
Social Security Tax
Day Care Program
Police Overtime
Unemployment Insurance
Subtotal
Projected Expenditures
1991 ESTIMATED REVENUES
PROJECTED REVENUE SHORT - FALLS:
Net Loss - Real Property
Tax Roll
Net State Aid Per Capita
Mortgage Tax
State Aid Youth
State Aid Other
Safety Inspections/
Building Permits
Parking Lots & Ramps
Bus Operation
Parks & Rec. Net
Trash Sticker Fees
Youth Services Other Gov.
Projected Sales Tax
Over Budget
Net Increase Other Revenues
Sub -Total
Projected Revenues
TOTAL NEGATIVE RESULTS
OF OPERATIONS:
[Expenditures (over) Revenues]
FUND BALANCE APPROPRIATED IN
1991 BUDGET
260,000
10,000
22,000
40,000
20,000
( 8,169)
(700,121)
(130,000)
( 56,433)
( 27,362)
(104,400)
( 77,600)
( 26,500)
( 37,900)
( 31,000)
( 43,000)
NET PROJECTED 1991 (SHORT -FALL)
BEFORE ADJUSTMENTS
PROJECTED 1991 SHORT -FALL:
and be it further
140,000
169,559
November 6, 1991
$23,781,728.00
352,000
24,133,728
$22,658,519
( 932,926)
21,725,593
( 2,408,135)
1,000,647
(1,407,488)
(1,407,488)
RESOLVED, That the 1991 Budget is hereby amended to reflect those
adjustments for which information is currently available:
1. Net Saving Projected from Open
Positions (After Retirement Pay -Outs) 336,400
2. Adjustments to Gas & Oil Accounts as a
result of lower than projected post
Gulf War Oil Prices 55,000
3. Refinancing of various Bond Anticipation
Notes resulting in lower 1991 Principal
Payments 173,285
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November 6, 1991
4. Use of Consolidated Highway Improvement
Program (CHIPS) moneys to fund portion
of 1991 Street Repaving Program
100,000
5. General Fund Reimbursed by Capital
Project for Curb Replacement
37,900
6. Bridge Reconstruction paid from Capital
Reserve tt4 for Bridges
30,000
7. Liquidate 1990 and 1991 Encumbrances:
A. Planning Dept. Contractual
Services
30,000
B. Commons Improvements (to be
financed by Bonds) 40,000
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C. State Employee Retirement Program,
N 1990 Appropriation (would have been
�y used to reduce long -term obligation) 172,969
D. Police and Fire Retirement Program,
C 1990 Appropriation (would have been
.G used to reduce long -term obligation) 139,478
8. Balance of the supposed savings on 1991
Retirement used by State to justify in
Part, the 1991 Reduction in State Aid 208,206
9. Unexpended DPW Street and Road
Construction Appropriations 24,250
(Wool (reviewed with DPW)
10. Unexpended Fire Dept. Appropriations 60,000
From A3410 -415 Clothing
1,407,488
Council member Booth explained the change occurs in Item 10.
$60,000 is deleted from the Fire Department clothing account. This
changes a previous $84,250 item in DPW Road Contruction to $24,250.
A vote on the Substitute Resolution resulted as follows:
Carried Unanimously
* 15.9 Authorization for Budget Transfers
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the City Controller be empowered to make transfers
within the 1991 Budget appropriations as needed, for the remainder
of the 1991 fiscal year.
Carried Unanimously
* 15.10 Audit
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the bills presented, as listed on Audit Abstract
(600., gnii991 in the total amount of $42,651.33., be approved for
payment.
Carried Unanimously
* 15.11 1992 Mayor's Proposed Budget
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the Mayor's proposed budget for 1992 is referred to
the Budget and Administration Committee for its review and action,
and be it further
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November 6, 1991
RESOLVED, That in the Budget and Administration Committee's review
of the proposed budget, each member of Common Council who attends
one of the Committee's budget review sessions shall have an equal
vote during that session, and be it further
RESOLVED, That any five (5) Council members shall constitute a
quorum for conducting business at any of the Committee's budget
review sessions, with a majority of those present having authority
to take action at that session.
Carried Unanimously
Recess
Common Council recessed at 8:30 p.m. and reconvened at 8:45 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.1a Proposed Amendment of Section 30.22 Entitled `Zoning Map'
(Re- zoning Southside Community Center and Adjoining Properties from
R -2b to P -1) - Designation of Lead Agency
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, State Law and Section 36.6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment changing the zoning classification
for the Southside Center and adjoining properties from R -2b to P -1
requires review under the State Environmental Quality Review
Ordinance, now, therefore, be it
RESOLVED, that the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Zoning Ordinance.
Carried Unanimously
* 16.1b Resolution of Common Council Introducing Proposed
Amendment Changing the Zoning Designation from R -2b to P -1 for
Southside Community Center and Certain Properties Adjoining the
Center to the North and South and Providing for Public Notice and
Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, That Ordinance Number 91- entitled "An Ordinance
Amending Section 30.22 entitled 'Zoning Map' of Chapter 30 Entitled
`Zoning' of the City of Ithaca Municipal Code" be and is hereby
introduced before the Common Council of the City of Ithaca; and be
it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held at
the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York, on Wednesday, December 4, 1991, at 7:00 p.m.,and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the Board of Planning and
Development true and exact copies of the proposed ordinance for
their reports thereon.
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Carried Unanimously
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November 6, 1991
The following is the Ordinance that will be presented at the
December 4, 1991 Common Council meeting:
RESOLUTION AMENDING ZONING ORDINANCE
more particularly
CHANGING ZONING DESIGNATION OF SOUTHSIDE COMMUNITY CENTER
AND THREE PROPERTIES TO THE NORTH
AND SOUTH OF THE CENTER FROM R -2B TO P -1
WHEREAS, the Southside Community Center, located at 305 South Plain
Street, and the hereinafter described properties adjoining the
Center to the north and south are presently zoned R -2b, and
WHEREAS, these uses are `grandfathered' but non - conforming in the
R -2b zone but permitted in the P -1 zone, and
WHEREAS, the Board of the Southside Community Center has been
i— consulted and is in agreement with the proposed zoning amendment:
(� now, therefore be it
mN RESOLVED, That the Zoning Ordinance of the City of Ithaca be
amended so that the Southside Community Center and the hereinafter
described properties to the north and south of the Center shall be
rezoned from R -2b to P -1, and be it further
RESOLVED, That Section 30.22 of the City of Ithaca Municipal Code
is amended to read as follows:
ORDINANCE NO. 91 -
An Ordinance Amending Section 30.22 Entitled 'Zoning Map' of
Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code.
(600.1 BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
Section 1. That Section 30.22, Zoning Map, is hereby amended
as follows:
That the property occupied by the Southside Community Center
at 305 South Plain Street as well as the properties to the north
and south of said parcel, more particularly described as Assessment
Parcels 71 -8 -13, 80 -5 -1, -15, and -16.2 be changed from the R -2b to
P -1 use category.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in
accordance with law upon publication and notice as provided in
Section 3.11(B) of the Ithaca City Charter.
* 16.1C Proposed Amendment of Section 30.22 Entitled `Zoning Map'
(Re- zoning the Southside Community Center and Certain Adjoining
Properties from R -2b to P -1) - Declaration of No Significant
Environmental Impact (SEAF)
By Alderperson Hoffman: Seconded by Alderperson Golder
WHEREAS, the maLLer of amending Chapter 30, Section 30.22 of the
Municipal Code entitled 'Zoning Map', to change 305 South Plain
Street (Southside Community Center) and certain properties
adjoining to the north and south from R -2b to P -1 is currently
being considered by this Common Council, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form (SEAF) and
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November 6, 1991
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR),
including the Part 617 regulations thereunder, and is an "unlisted"
action under the City Environmental Quality Review Act (EQR Section
36.5 iii(E)), and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
hereby does adopt as its own the findings and conclusions more
fully set forth on the Short Environmental Assessment Form dated
October 24, 1991 and be it further
RESOLVED, That this Common Council as lead agency, 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 hereby
directed to file a copy of the same, together with the attachment,
in the City Clerk's Office and forward the same to any other
parties as required by law.
Carried Unanimously
* 16 1D Decision to Address Southside Community Center Zoning
Deficiencies by Common Council - Consideration of Waiver
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the Southside Community Center upon authorization of the
Common Council has applied to New York State for funding to improve
the Southside Center building, and
WHEREAS, the proposed improvement to the Southside Community Center
building includes an enlargement of the overall building area, and
WHEREAS, this action triggers a zoning review for the entire
building, and
WHEREAS, the property is currently zoned R -2b and use of the
building for public recreation and as a community center are not
permitted uses in the R -2b zone, and
WHEREAS, a resolution has been introduced proposing that the
property be rezoned from R -2b to P -1 and a public hearing has been
called for regarding this resolution, which public hearing has been
scheduled for December 4, 1991, and
WHEREAS, the existing building and the proposed addition are not in
compliance with the area requirements of either the R -2b or the P
zone, and
WHEREAS, the Common Council is authorized under the State common
law to consider the waiver of zoning requirements for city -owned
buildings, now, therefore be it
RESOLVED, That, acting under the provisions of Matter of Monroe
County and its progeny the Common Council does hereby resolve to
consider the waiver of certain zoning requirements for the proposed
addition to the Southside Community Center, by providing
notification of such action to property owners within 200 feet,
and by undertaking a balancing test of the impacts of said zoning
waiver versus the community benefits of the proposed project.
Alderperson Hoffman explained the resolution and discussion
followed on the floor.
12
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33
November 6, 1991
A vote on the resolution resulted as follows:
Ayes (7) - Blanchard, Peterson, Daley, Schroeder, Cummings,
Johnson, Golder
Nays (3) - Booth, Romanowski, Hoffman
Carried
* 16.1E Southside Community Center - Waiver of Zoning Requirements
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, upon authorization of the Common Council an application
has been submitted to New York State for improvements to the
Southside Community Center, and
WHEREAS, the Common Council has reviewed the concept drawings for
such improvements, and
WHEREAS, the property is currently zoned R -2b and use of the
i— building for public recreation and as a community center are not
permitted uses in the R -2b zone, and
mN WHEREAS, a resolution has been introduced proposing that the
property be rezoned from R -2b to P -1 and a public hearing has been
called for regarding this resolution, which public hearing has been
scheduled for December 4, 1991, and
WHEREAS, the existing building and the proposed addition are not in
compliance with the area requirements of either the R -2b or the P
zone, and
WHEREAS, the existing Southside Center building and the proposed
improvements do not conform with certain area requirements of
either the R -2b or the P zones of the City of Ithaca's Zoning
ordinance including the permitted parking and yard setback
requirements, and coverage, and
WHEREAS, pursuant to New York State common law as stated by the New
York Court of Appeals in the case of the Matter of Monroe County
and its progeny, it is the prerogative of the Common Council to
determine whether to 1) strictly follow applicable zoning
regulations, or 2) balance the public interest served by waiving
the regulations to allow a municipal project to proceed, against
the public interest served by strict compliance with local land use
regulations, and
WHEREAS, the Common Council has balanced the following factors with
regard to the Southside Community Center improvements:
13
1. Parking
a.
Southside Community Center has operated at its
present location since the mid- 1930s, during which
period there has been either no parking whatsoever
or a minimal one or two spaces serving the
building;
b.
this lack of required parking has not caused
problems in the neighborhood;
c.
most of the users of the Southside Community Center
are neighborhood residents and youth, and,
therefore, very few use cars to travel to the site;
d.
provision of parking at the site would require
demolition and paving of the Southside playground,
which fully occupies the remainder of the site; and
e.
the proposed addition will not add a significant
parking demand for the Center.
13
November 6, 1991
2. Yard Deficiencies
a. While a rear yard deficiency will be created if the
property remains zoned as R -2b, there will be no
rear yard deficiency if the property is rezoned to
P.
b. The property currently as zoned R -2b does not have
a front yard deficiency. If the property is
rezoned to P there will be created a front yard
deficiency but this deficiency will not be
exacerbated by the construction of the proposed
rear addition.
3. Excessive Percent Lot Coverage
a. Both the P -1 zone and the R -2b zone allow a maximum
of 35% lot coverage;
b. the proposed addition would result in a lot
coverage of 48.45 of the lot on which the building
itself is located, but only 25.7% of the entire
site used by the Southside Community Center and
playground;
C. the entire site, comprised of four tax parcels,
should be considered as a single property, in
effect, since it will remain in the same use
indefinitely;
d. legal combination of the city -owned parcels would
eliminate this non - conformity.
4. Use
a. Current use of the property as a public recreation
and community center is not permitted in an R -2b
zone.
b. The Southside Community Center has operated at its
present location as a public recreation and
community center since the mid -1930s with no
adverse affect on the neighborhood character.
C. On the contrary, the use as public recreation and
community center has had great benefits to the
neighborhood.
d. A resolution has been introduced to this Council
providing that the property be rezoned from R -2b to
P, which proposal has been supported by the
Southside Community Center.
5. Taken in its totality the increased non - conformity
produced by this proposed addition represents a
relatively minor deviation from the Zoning Ordinance area
requirements.
6. The improvement of the Southside Community Center as
contemplated by the proposed project would produce a
substantial improvement in the quality of service that
could be provided by the Southside Center to the
neighborhood.
7. The neighborhood to be benefitted by the proposed project
includes a high percentage of low- income, single - parent
families with a high proportion of school -age children
for whom the existence of this Center is an important
resource; and
WHEREAS, on balance, the public interest will be best served by the
granting of a waiver for said deficiencies, by Common Council; now,
therefore be it
RESOLVED, That the Common Council hereby grants a waiver from
zoning ordinance deficiencies for the proposed addition to the
Southside Community Center, as said addition is currently designed.
14
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November 6, 1991
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Johnson, Blanchard, Daley, Golder, Cummings,
Peterson, Schroeder
Nays (3) - Romanowski, Booth, Hoffman
Carried
*
16.2A Amendment of P -1 Zone - Designation of Lead Agency Status
for Environmental Review
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, State Law and Section 36.6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
T" WHEREAS, State Law specifies that for actions governed by local
(� environmental review, the lead agency shall be that local agency
(V which has primary responsibility for approving and funding or
m carrying out the action, and
ZWHEREAS, the proposed amendment clarifying permitted uses allowed
in the P -1 zone to include all municipal public buildings,
facilities, and functions requires review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Zoning Ordinance.
Carried Unanimously
*
16.2B Declaration of No Significant Environmental Impact (SEAF)
By Alderperson Hoffman: Seconded by Alderperson Golder
WHEREAS, the proposed amendment clarifying permitted uses allowed
in the P -1 zone to include all municipal public buildings,
facilities, and functions requires review under the City's
Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form (SEAF), and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR),
including the Part 617 regulations thereunder, and is an "unlisted"
action under the City Environmental Quality Review Act (EQR Section
36.5 (E)), and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
hereby does adopt as its own the findings and conclusions more
fully set forth on the Short Environmental Assessment Form dated
Oct ^ber 24; 1111 and be it further
RESOLVED, That this Common Council as lead agency, 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
15
36
November 6, 1991
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachment,
in the City Clerk's Office and forward the same to any other
parties as required by law.
Carried Unanimously
* 16.2C An Ordinance Amending Section 30.25 Entitled `District
Regulations', Column 2 Entitled `Permitted Primary Uses' of Chapter
30 Entitled 'Zoning' of the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Blanchard
ORDINANCE NO. 91 -
An Ordinance Amending Section 30.25 Entitled 'District
Regulations', Column 2, Entitled `Permitted Primary Uses' 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. That Section 30.25, Column 2, Permitted Primary
Uses, is hereby amended to include the following:
3. All municipal public buildings, facilities and
functions.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11(B)
of the Ithaca City Charter. (Published November 12, 1991).
Carried Unanimously
*
16.3 West State Street /Central Business District: Proposed Re-
zoning Designation of Lead Agency Status for Environmental Review
By Alderperson Hoffman: Seconded by Alderperson Romanowski
WHEREAS, State Law and Section 36.6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed rezoning of the West State Street area from
B -2a to B -2c and the proposed zoning changes in the Central
Business District including changing the existing zoning
designations to CBD 100, CBD 85, and CBD 60, and changing the B -la
zone on Court Street to B -lb, require review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That the Common Council does
agency for the environmental review
changes.
Discussion followed on the floor
explaining the areas of West State Str
16
hereby declare itself lead
of these proposed zoning
with Alderperson Hoffman
eet that would be affected.
Carried Unanimously
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November 6, 1991
Comprehensive Housing Affordibility Strategy - Report
Alderperson Hoffman reported that the Planning Committee looked at
the CHAS that was prepared by staff and which was approved by the
Urban Renewal Agency and other advisory boards. The Planning
Committee did not vote on whether to recommend to Council approval
of the CHAS because of the time that would have been needed to
seriously address Committee Member's varying opinions. The City
Attorney advised the Committee that Council approval is not
necessary for submission of the report by the Mayor. Council
members who wish to submit their comments may still do so through
Trish Norton in the Planning Department.
HUMAN SERVICES COMMITTEE:
Fire Department - Report
Alderperson Johnson reported that the Human Services Committee has
begun reviewing the Fire Department as part of their effort to
learn more about departments and be better equipped to understand
departmental budgets.
Cable Commission - Report
Alderperson Johnson reported that the Human Services Committee has
been asked to review certain items in the franchise with the
Charter and Ordinance Committee.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Homeless Task Force
Alderperson Blanchard reported that at a meeting today it was
announced that Cornell, in cooperation with the Red Cross and the
food pantries and shelters for the homeless, will be holding food
drives at the Cornell /Columbia football game and the Cornell /Army
basketball game.
ADJOURNMENT
On a motion the meeting adjourned at 9:40 p.m.
---- - - - - -- - - --
Callista F. Paolangeli
City Clerk
17
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-- ------- - - - - --
Benjamin Nichols
Mayor
37
22
November 6, 1991
No one appeared to address the Public Hearing.
Resolution to Close Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 30.25 entitled 'District Regulations', Column 2 entitled
'Permitted Primary Uses' of Chapter 30 entitled 'Zoning' of the
City of Ithaca Municipal Code be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL•
Southside Re- zoning
Mr. George Hagood, representing the Southside Neighborhood
Association, spoke to Council in favor of the proposed re- zoning of
the Southside Center. He also spoke about the need for more room
at the Southside Center so that their programs can be expanded to
more fully accommodate the children in that area of the City.
Tenants' Rights
Mr. Joel Harlan, 404 Lake Street, spoke to Common Council regarding
tenants' rights. He urged Council to become more involved with the
tenants of the City of Ithaca.
Commons Capital Proms
Mr. Andrew Gillis, on behalf of the Commons Advisory Board, spoke
to Council regarding B &A Item 15.1 on tonight's agenda. He
reported on the results of a survey of Commons merchants. These
merchants are in favor of this project happening in one phase in
1992. He urged Council to support this project.
Ms. Peggy Underwood, a member of the Commons Advisory Board, spoke
to Council in favor of the proposed project on The Commons.
Citizen Pruner Program - Report
Ms. Monika Crispin and Ms. Nancy Brown gave an update on the
projects that have been undertaken by the Citizen Pruner Program to
date. They stated that there have been a total of 259 volunteer
hours donated to the program so far this year. They feel it has
been extremely succcessful and hopes that it will continue to
receive support from the City.
Cataract Hose Company Number 7
Mr. William Henry and Mr. George Diamond, representing Cataract
Hose Company Number 7, read a statement to the Council requesting
that Council support the Fire Commissioners 1992 Budget. They
further requested that the City keep #7's operating as a fire
station. (Statement on file in the City Clerk's Office).
RESPONSE TO THE PUBLIC:
Citizen Pruner Program
Alderperson Romanowski thanked the persons involved in the Citizen
Pruner Program for all the work that they have done on behalf of
the City.
Alderperson Cummings stated that the Citizen Pruner group has done
an excellent job and they should be used as a role model for other
groups in the City.
#7 Fire Station
Alderpersons Peterson and Hoffman expressed their support for the
#7 Fire Station and stated that they also would like to keep it
operating.
2
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NM
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Regular Meeting
PRESENT:..
Mayor Nichols
Alderpersons (10) -
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
7:00 P.M.
November 6, 1991
Booth, Blanchard, Peterson, Cummings, Daley,
Golder, Romanowski, Schroeder, Johnson,
Hoffman
OTHERS PRESENT:
City Clerk - Paolangeli
City Controller - Cafferillo
City Attorney - Guttman
Fire Chief - Olmstead
Police Chief - McEwen
Planning and Development Deputy Director
Acting Building Commissioner - Eckstrom
Acting Superintendent of Public Works -
Personnel Administrator - Saul
Youth Bureau Director - Cohen
Board of Public Works-commissioner
- Sieverding
Gray
- Reeves
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the October 2, 1991 Common Council Meeting
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the October 2, 1991 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Peterson requested the addition of a Substitute
Resolution for Item 15.8, "Amendments to 1991 Budget ".
Alderperson Peterson requested the addition of Item 15.11, "1992
Mayor's Proposed Budget ".
No Council member objected.
Planning and Development Committee
Alderperson Hoffman requested the addition of a brief report on the
Comprehensive Housing Affordability Strategy.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Section 30.25
Entitled `District Regulations', Column 2 Entitled `Permitted
Primary Uses' of Chapter 30 Entitled `Zoning' of the City of Ithaca
Municipal Code
Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 30.25 entitled `District Regulations', Column 2 entitled
`Permitted Primary Uses' of Chapter 30 entitled Zoning' of the
City of Ithaca Municipal Code be declared open.
Carried Unanimously
Alderperson Hoffman explained the proposed Amendment to the
Ordinance.
21
24
November 6, 1991
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 D.P.W. Request to Increase Authorization and Establish
Design Contract for Commons Improvement Capital Project #243
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Department of Public Works has recommended that the
first phase of the Commons Improvement Project be rescheduled for
the Spring of 1992, and
WHEREAS, the current funding authorization for the first phase of
said project is not sufficient to cover all projected related
costs, such as, additional design costs and in -house professional
services; now, therefore, be it
RESOLVED, That Capital Project #243 Commons Improvements be
increased by $57,000 to a maximum projected cost of $220,780., to
reflect current projects cost increases, and be it further
RESOLVED, That the Mayor be authorized to execute an agreement for
the provision of Architect Design services at a cost not to exceed
$ , which shall be paid from the Capital
Project fund established for this purpose, and be it further
RESOLVED, That the financing for such increased authorization be
derived from the issuance of Bonds.
Discussion followed on the floor with several Alderpersons making
comments.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Blanchard
RESOLVED, That the following changes be made to the resolution:
In the First Whereas clause, the words "the first phase of" be
stricken;
In the Second Whereas clause, the words "the first phase of said"
be stricken, and the word "this" added before the word "project" in
the second line;
In the First Resolved, the figure "$57,000" and the figure
"$220,780" be deleted and the figure "$276,220" and the figure
"$460,000" be inserted in their place.
In the Second Resolved, the figure should read "$58,00011.
Discussion followed on the floor on the amendment.
A vote on the Amending Resolution resulted as follows:
Ayes (7) - Blanchard, Schroeder, Daley, Hoffman, Cummings,
Romanowski, Johnson
Nays (3) - Booth, Golder, Peterson
Carried
Main Motion as Amended
The Main Motion as Amended shall read as follows:
WHEREAS, the Department of Public Works has recommended that the
Commons Improvement Project be rescheduled for the Spring of 1992,
and
WHEREAS, the current funding authorization for this project is not
sufficient to cover all projected related costs, such as,
additional design costs and in -house professional services; now,
therefore, be it
4
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November 6, 1991
REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
Board of Fire Commissioners
Mr. Jim Mayer, representing the Board of Fire Commissioners,
presented a statement to Council regarding the 1992 Budget that the
Board of Fire Commissioners approved at the Board's August 13, 1991
meeting. (The statement is filed in the City Clerk's Office).
Mayor Nichols and Alderperson Booth invited the Board of Fire
Commissioners to the B &A meeting on November 21 to discuss the Fire
Department budget.
Board of Public Works
Commissioner Reeves reported on the following items to the Council:
Pick up of Leaves - Comm. Reeves referred to an article in the
newspaper regarding leaf piles being left in the streets. She read
a statement from Assistant Superintendent Ferrel that clarified
"r-- this article.
N Street Name Change - The Board held a Public Informational meeting
N at the Southside Community Center in regard to the proposed change
m of the name of Cleveland Avenue to Wheat Street. The general
Z consensus of residents showed a definite lack of support for the
�j change. One suggestion that was made was the possible installation
GG of a historical marker on the street. The Board will conclude
discussion of this issue at a later date after receiving
information about the historical marker and a final tally of the
resident's views.
Commons Renovation Project - The Board passed a resolution on
October 9 which was sent to the Budget and Administration Committee
with the recommendation that the City go ahead with the project at
the budgeted figure of $450,000 for the entire project. The Board
would like the project to be completed in a timely manner.
use of DeWitt Park - The Board continues to receive requests from
various groups for the use of DeWitt Park. The Presbyterian Church
owns DeWitt Park and the City has a long standing agreement with
the Church to maintain the park. Because of the requests and
because our agreement with the Church is so old, Commissioner
Reeves will be meeting with Assistant City Attorney Kennedy to
formulate some guidelines for the use of the park. Representatives
from the Church will be asked to join in the discussions to give
their input.
REPORT OF THE CITY ATTORNEY:
Contract for the Transit Facility
City Attorney Guttman reported that the City has received back the
fully signed and notarized contract from Cornell, Gadabout and the
County regarding the Transit Facility.
Reapportionment Committee
City Attorney Guttman reported that the Reapportionment Committee
has been meeting on a regular basis. There will be a public
meeting on Wednesday, November 13th to obtain public input on the
reapportionment issue.
(40." CitV Hall Annex - Real Estate Taxes
City Attorney Guttman reported that in regard to the action that
the City brought against the County Board of Assessment, the Judge
has ruled that the property should be reinstated to the exempt
portion of the tax rolls. The City, therefore, will not be
required to pay real estate taxes on the City Hall Annex.
9
26
November 6, 1991
WHEREAS, the Chief Water Treatment Plant Operator has provided the
Budget and Administration Committee with substantial justification
for granting this employee incentive award, and
WHEREAS, the Chief Water Treatment Plant Operator's recommendation
complies with procedures and guidelines outlined in the CSEA
Administrative Unit Contract; now, therefore, be it
RESOLVED, That John Coggin's salary be increased by four (4$)
percent to an annual salary of $19,464., effective September 3,
1991, and be it further
RESOLVED, That the funding for such increase shall be derived from
existing funds within the 1991 Water and Sewer Budget.
Ayes (7) - Blanchard, Romanowski, Cummings, Peterson,
Johnson, Hoffman, Schroeder
Nays (3) - Daley, Golder, Booth
Carried
Alderperson Daley explained that his vote is not against the person
but against the policy of using incentive awards during this time
of budget cuts.
* 15.5 Appointment of Youth Development Program Leader
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Willete Kolu Zigbi be provisionally appointed to the
position of Youth Development Program Leader at an annual salary of
$16,247., that being Step 2 on the CSEA Administrative Unit
Compensation Plan, effective November 7, 1991.
Carried Unanimously
* 15.6 D.P.W. Amendment to Personnel Roster
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the Personnel Roster of the Department of Public
Works be amended as follows:
Delete: One (1) Director of Water and Sewer Operations
Add One (1) Supervisor of Water and Sewer Operations
and be it further
RESOLVED, That the position of Supervisor of Water and Sewer
Operations be assigned to the City Executive Association at Salary
Grade 1 ($29,982. - $36,544.), and be it further
RESOLVED, That Kenneth Harding (who is currently the Acting
Director of Water & Sewer Operations) be provisionally appointed to
the position of Supervisor of Water & Sewer Operations at an annual
salary of $34,017., effective October 15, 1991.
Carried Unanimously
* 15.7 Planning Department Request to Increase Authorization and
Amend Design Contract for GIAC Renovation Capital Project #248
By Alderperson Booth: Seconded by Alderperson Golder
WHEREAS, the GIAC Renovation Project has been established at a
maximum estimated cost of $25,000. for the project Design services IJ
only, and
WHEREAS, the City has designed a proposed project for renovating
GIAC, and
WHEREAS, the Planning Department has recommended that the GIAC
Renovation Project be increased to reflect the total reconstruction
and other related costs, and
[e
25
November 6, 1991
RESOLVED, That Capital Project #243 Commons Improvements be
increased by $276,240 to a maximum projected cost of $460,000., to
reflect current projects cost increases, and be it further
RESOLVED, That the Mayor be authorized to execute an agreement for
the provision of Architect Design services at a cost not to exceed
$58,000, which shall be paid from the Capital Project fund
established for this purpose, and be it further
RESOLVED, That the financing for such increased authorization be
derived from the issuance of Bonds.
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Schroeder, Blanchard, Johnson, Romanowski,
Cummings, Daley, Peterson, Hoffman
Nays (2) - Booth, Golder
Carried
T
The project referred to is the expanded project recommended by the
MN Board of Public Works as outliend in memo dated October 4, 1991.
W 15.2 Appointment of Assistant Superintendent of Public Works
c� By Alderperson Booth: Seconded by Alderperson Schroeder
G RESOLVED, That Dennis Shimer be provisionally appointed to the
position of Assistant Superintendent of Public Works (Water &
Sewer) at an annual salary of $43,000 and relocation expenses not
to exceed $1,500, effective October 15, 1991.
Carried Unanimously
* 15.3 D.P.W. Request for Employee Incentive
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Chief Water Treatment Plant Operator has recommended
Water Treatment Plant Operator William Baker for an employee
incentive award pursuant to the terms of the CSEA Administrative
Unit Contract, and
WHEREAS, the Chief Water Treatment Plant Operator has provided the
Budget and Administration Committee with substantial justification
for granting this employee incentive award, and
WHEREAS, the Chief Water Treatment Plant Operator's recommendation
complies with procedures and guidelines outlined in the CSEA
Administrative Unit Contract; now, therefore, be it
RESOLVED, That William Baker's salary be increased by four (4 %)
percent to an annual salary of $27,384., effective September 3,
1991, and be it further
RESOLVED, That the funding for such increase shall be derived from
existing funds within the 1991 Water and Sewer Budget.
Ayes (7) - Johnson, Blanchard, Romanowski, Peterson,
Hoffman, Cummings
Nays (3) - Daley, Golder, Booth
Carried
(400, Alderperson Golder explained that his vote is not against the
person but against the whole issue of merit pay.
* 15.4 D.P.W. Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Chief Water Treatment Plant Operator has recommended
Water Treatment Operator John Coggin for an employee incentive
award pursuant to the terms of the CSEA Administrative Unit
Contract, and
5
•
November 6, 1991
1991 AMENDED GENERAL FUND BUDGET $23,781,728.00
PROJECTED OVER EXPENDITURES:
Health Insurance 260,000
Social Security Tax 10,000
Day Care Program 22,000
Police Overtime 40,000
Unemployment Insurance 20,000
Subtotal 352,000
Projected Expenditures 24,133,728
1991 ESTIMATED REVENUES $22,658,519
PROJECTED REVENUE SHORT - FALLS:
Net Loss - Real Property
Tax Roll
( 8,169)
Net State Aid Per Capita
(700,121)
Mortgage Tax
(130,000)
State Aid Youth
( 56,433)
State Aid Other
( 27,362)
Safety Inspections/
Building Permits
(104,400)
Parking Lots & Ramps
( 77,600)
Bus Operation
( 26,500)
Parks & Rec. Net
( 37,900)
Trash Sticker Fees
( 31,000)
Youth Services Other Gov.
( 43,000)
Projected Sales Tax
Over Budget
140,000
Net Increase Other Revenues
169,559
Sub -Total ( 932,926)
Projected Revenues 21,725,593
TOTAL NEGATIVE RESULTS
OF OPERATIONS:
[Expenditures (over) Revenues] ( 2,408,135)
FUND BALANCE APPROPRIATED IN
1991 BUDGET 1,000,647
NET PROJECTED 1991 (SHORT -FALL)
BEFORE ADJUSTMENTS (1,407,488)
PROJECTED 1991 SHORT -FALL: (1,407,488)
and be it further
RESOLVED, That the 1991 Budget is hereby amended to reflect those
adjustments for which information is currently available:
1. Net Saving Projected from Open
Positions (After Retirement Pay -Outs) 336,400
2. Adjustments to Gas & Oil Accounts as a
result of lower than projected post
Gulf War Oil Prices 55,000
3. Refinancing of various Bond Anticipation
Notes resulting in lower 1991 Principal
Payments 173,285
R
J
[►mil
November 6, 1991
WHEREAS, the Planning Department has recommended that the GIAC
the
Renovation Project Design contract be
completing said design;
amended to reflect
now, therefore, be it
increased cost of
RESOLVED, That Capital Project #248 GIAC
project cost of
Renovations be increased
$565,100., to reflect the
by $540,100. to a maximum
design costs as well as the
reconstruction and other
additional
related project costs, (as outlined on attached Schedule A) , and be
it further
RESOLVED, That the Planning Department be authorized to amend the
Design Contract with Sear Brown Architects for the provision of
not to exceed $46,235., which
Architect Design Services at a cost
be from the Capital Project
fund established for this
shall paid
purpose, and be it further
RESOLVED, That the financing of for such
increase in authorization
be derived from the issuance of Bonds.
.r--
SCHEDULE "A"
N
GIAC Renovations Construction and Design Costs as follows:
$114,440
c� Elevator
G Code Related Basement Work
28,260
First Floor Restrooms
8,000
18,100
First Floor Code Related Work
Second Floor Restrooms
8,000
7,330
Second Floor Code Related Work
Roof Replacement
81,825
Alarm System
18,750
18,500
Lighting and Power
58,400
Ventilation Improvements
1C Temperature Controls
21,700
89,000
System
Sprinkler
Construction Bond Financing Fees
5,000
Architecture /Engineering Fees
46,235
City Project Development Staff
5,000
Construction Clerk P/T
15,000
Construction Testing
3,000
Contingency
18,560
Total Project Cost
$565,100
Carried Unanimously
* 15.8 Finance Department - Controller - Amendments to 1991 Budget
Substitute Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Controller has reviewed the 1991 Budget in
response to notification received by New York State that
significant reductions in 1991 -92 New York State Revenue sharing
allocations have occurred, and significant over expenditures and
short -falls in key expenditures and revenue accounts to the City's
1991 Budget have occurred, and
- --
WHEREI�S, signif1�a�lt over expenditures and short -falls in key
(4mv" expenditure and revenue accounts to the City's 1991 Budget have
occurred due to the influence of a weak economy; now, therefore, be
it
RESOLVED, That the following targeted budget adjustments be
established as a means of off - setting reductions in revenues and
increases in expenditures in the 1991 Budget:
7
30
November 6, 1991
RESOLVED, That in the Budget and Administration Committee's review
of the proposed budget, each member of Common Council who attends
one of the Committee's budget review sessions shall have an equal
vote during that session, and be it further
RESOLVED, That any five (5) Council members shall constitute a
quorum for conducting business at any of the Committee's budget
review sessions, with a majority of those present having authority
to take action at that session.
Recess Carried Unanimously
Common Council recessed at 8:30 p.m. and reconvened at 8:45 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.1a Proposed Amendment of Section - 30.22 Entitled `Zoning Map'
(Re- zoning Southside Community Center and Adjoining Properties from
R -2b to P -1) - Designation of Lead Agency
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, State Law and Section 36.6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment changing the zoning classification
for the Southside Center and adjoining properties from R -2b to P -1
requires review under the State Environmental Quality Review
Ordinance, now, therefore, be it
RESOLVED, that the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Zoning Ordinance.
Carried Unanimously
* 16.1b Resolution of Common Council Introducing Proposed
Amendment Changing the Zoning Designation from R -2b to P-1 for
Southside Community Center and Certain Properties Adjoining the
Center to the North and South and Providing for Public Notice and
Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Daley
RESOLVED, That Ordinance Number 91- entitled "An Ordinance
Amending Section 30.22 entitled 'Zoning Map' of Chapter 30 Entitled
`Zoning' of the City of Ithaca Municipal Code" be and is hereby
introduced before the Common Council of the City of Ithaca; and be
it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held at
the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York, on Wednesday, December 4, 1991, at 7 :00 p.m.,and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the Board of Planning and
Development true and exact copies of the proposed ordinance for
their reports thereon.
10
Carried Unanimously
J
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November 6, 1991
1,407,488
Council member Booth explained the change occurs in Item 10.
$60,000 is deleted from the Fire Department clothing account. This
changes a previous $84,250 item in DPW Road Contruction to $24,250.
A vote on the Substitute Resolution resulted as follows:
Carried Unanimously
* 15.9 Authorization for Budget Transfers
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the City Controller be empowered to make transfers
within the 1991 Budget appropriations as needed, for the remainder
of the 1991 fiscal year. Carried Unanimously
* 15.10 Audit
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the bills presented, as listed on Audit Abstract
qn/1991 in the total amount of $42,651.33., be approved for
payment.
Q0., —
Carried Unanimously
* 15.11 1992 Mayor's Proposed Budget
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the Mayor's proposed budget for 1992 is referred to
the Budget and Administration Committee for its review and action,
and be it further
0
4. Use of Consolidated Highway Improvement
Program (CHIPS) moneys to fund portion
100 000
of 1991 Street Repaving Program
5. General Fund Reimbursed by Capital
37,900
Project for Curb Replacement
6. Bridge Reconstruction paid from Capital
Reserve 7#4T for Bridges
30,000
7. Liquidate 1990 and 1991 Encumbrances:
A. Planning Dept. Contractual
30,000
Services
B. Commons Improvements (to be
40 000
financed by Bonds)
T
C. State Employee Retirement Program,
N
1990 Appropriation (would have been
172,969
used to reduce long -term obligation)
�y
D. Police and Fire Retirement Program,
1990 Appropriation (would have been
used to reduce long -term obligation)
139,478
8. Balance of the supposed savings on 1991
Retirement used by State to justify in
Part, the 1991 Reduction in State Aid
208,206
9. Unexpended DPW Street and Road
Construction Appropriations
24,250
(reviewed with DPW)
10. Unexpended Fire Dept. Appropriations
60,000
From A3410 -415 Clothing
1,407,488
Council member Booth explained the change occurs in Item 10.
$60,000 is deleted from the Fire Department clothing account. This
changes a previous $84,250 item in DPW Road Contruction to $24,250.
A vote on the Substitute Resolution resulted as follows:
Carried Unanimously
* 15.9 Authorization for Budget Transfers
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the City Controller be empowered to make transfers
within the 1991 Budget appropriations as needed, for the remainder
of the 1991 fiscal year. Carried Unanimously
* 15.10 Audit
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the bills presented, as listed on Audit Abstract
qn/1991 in the total amount of $42,651.33., be approved for
payment.
Q0., —
Carried Unanimously
* 15.11 1992 Mayor's Proposed Budget
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the Mayor's proposed budget for 1992 is referred to
the Budget and Administration Committee for its review and action,
and be it further
0
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November 6, 1991
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR),
including the Part 617 regulations thereunder, and is an "unlisted"
action under the City Environmental Quality Review Act (EQR Section
36.5 iii(E)), and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
hereby does adopt as its own the findings and conclusions more
fully set forth on the Short Environmental Assessment Form dated
October 24, 1991 and be it further
RESOLVED, That this Common Council as lead agency, 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 hereby
directed to file a copy of the same, together with the attachment,
in the City Clerk's Office and forward the same to any other
parties as required by law.
Carried Unanimously
* 16.1D Decision to Address Southside Community Center Zoning
Deficiencies by Common Council - Consideration of Waiver
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the Southside Community Center upon authorization of the
Common Council has applied to New York State for funding to improve
the Southside Center building, and
WHEREAS, the proposed improvement to the Southside Community Center
building includes an enlargement of the overall building area, and
WHEREAS, this action triggers a zoning review for the entire
building, and
WHEREAS, the property is currently zoned R -2b and use of the
building for public recreation and as a community center are not
permitted uses in the R -2b zone, and
WHEREAS, a resolution has been introduced proposing that the
property be rezoned from R -2b to P -1 and a public hearing has been
called for regarding this resolution, which public hearing has been
scheduled for December 4, 1991, and
WHEREAS, the existing building and the proposed addition are not in
compliance with the area requirements of either the R -2b or the P
zone, and
WHEREAS, the Common Council is authorized under the State common
law to consider the waiver of zoning requirements for city -owned
buildings, now, therefore be it
RESOLVED, That, acting under the provisions of Matter of Monroe
County and its progeny the Common Council does hereby resolve to
consider the waiver of certain zoning requirements for the proposed
addition to the Southside Community Center, by providing
notification of such action to property owners within 200 feet,
and by undertaking a balancing test of the impacts of said zoning
waiver versus the community benefits of the proposed project.
Alderperson Hoffman explained the resolution and discussion
followed on the floor.
12
J
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31
November 6, 1991
The following is the Ordinance that will be presented at the
December 4, 1991 Common Council meeting:
RESOLUTION AMENDING ZONING ORDINANCE
more particularly
CHANGING ZONING DESIGNATION OF SOUTHSIDE COMMUNITY CENTER
AND THREE PROPERTIES TO THE NORTH
AND SOUTH OF THE CENTER FROM R -2B TO P -1
z WHEREAS, the Southside Community Center, located at 305 South Plain
Street, and the hereinafter described properties adjoining the
Center to the north and south are presently zoned R -2b, and
WHEREAS, these uses are `grandfathered' but non - conforming in the
R -2b zone but permitted in the P -1 zone, and
WHEREAS, the Board of the Southside Community Center has been
T— consulted and is in agreement with the proposed zoning amendment:
(0 now, therefore be it
N RESOLVED, That the Zoning Ordinance of the City of Ithaca be
m amended so that the Southside Community Center and the hereinafter
Zdescribed properties to the north and south of the Center shall be
C rezoned from R -2b to P -1, and be it further
G RESOLVED, That Section 30.22 of the City of Ithaca Municipal Code
is amended to read as follows:
ORDINANCE NO. 91 -
An Ordinance Amending Section 30.22 Entitled '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. That Section 30.22, Zoning Map, is hereby amended
as follows:
That the property occupied by the Southside Community Center
at 305 South Plain Street as well as the properties to the north
and south of said parcel, more particularly described as Assessment
Parcels 71 -8 -13, 80 -5 -1, -15, and -16.2 be changed from the R -2b to
P -1 use category.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in
accordance with law upon publication and notice as provided in
Section 3.11(B) of the Ithaca City Charter.
* 16.1C Proposed Amendment of Section 30.22 Entitled `Zoning Map'
(Re zoning the Southside Community Center and Certain Adjoining
Properties from R -2b to P -1) - Declaration of No Significant
Environmental Impact (SEAF)
By Alderperson Hoffman: Seconded by Alderperson Golder
WHEREAS, the mdLLer of amending Chapter 30, Section 30.22 of the
(wow" Municipal Code entitled 'Zoning Map', to change 305 South Plain
Street ( Southside Community Center) and certain properties
adjoining to the north and south from R -2b to P -1 is currently
being considered by this Common Council, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form (SEAF) and
11
34
November 6, 1991
2. Yard Deficiencies
a. While a rear yard deficiency will be created if the
property remains zoned as R -2b, there will be no
rear yard deficiency if the property is rezoned to
P.
b. The property currently as zoned R -2b does not have
a front yard deficiency. If the property is
rezoned to P there will be created a front yard
deficiency but this deficiency will not be
exacerbated by the construction of the proposed
rear addition.
3. Excessive Percent Lot Coverage
a. Both the P -1 zone and the R -2b zone allow a maximum
of 35% lot coverage;
b. the proposed addition would result in a lot
coverage of 48.4% of the lot on which the building
itself is located, but only 25.7% of the entire
site used by the Southside Community Center and
playground;
C. the entire site, comprised of four tax parcels,
should be considered as a single property, in
effect, since it will remain in the same use
indefinitely;
d. legal combination of the city -owned parcels would
eliminate this non - conformity.
4. Use
a. Current use of the property as a public recreation
and community center is not permitted in an R -2b
zone.
b. The Southside Community Center has operated at its
present location as a public recreation and
community center since the mid -1930s with no
adverse affect on the neighborhood character.
C. On the contrary, the use as public recreation and
community center has had great benefits to the
neighborhood.
d. A resolution has been introduced to this Council
providing that the property be rezoned from R -2b to
P, which proposal has been supported by the
Southside Community Center.
5. Taken in its totality the increased non - conformity
produced by this proposed addition represents a
relatively minor deviation from the Zoning Ordinance area
requirements.
6. The improvement of the Southside Community Center as
contemplated by the proposed project would produce a
substantial improvement in the quality of service that
could be provided by the Southside Center to the
neighborhood.
7. The neighborhood to be benefitted by the proposed project
includes a high percentage of low- income, single - parent
families with a high proportion of school -age children
for whom the existence of this Center is an important
resource; and
WHEREAS, on balance, the public interest will be best served by the
granting of a waiver for said deficiencies, by Common Council; now,
therefore be it
RESOLVED, That the Common Council hereby grants a waiver from
zoning ordinance deficiencies for the proposed addition to the
Southside Community Center, as said addition is currently designed.
14
33
November 6, 1991
A vote on the resolution resulted as follows:
Ayes (7) - Blanchard, Peterson, Daley, Schroeder, Cummings,
Johnson, Golder
Nays (3) - Booth, Romanowski, Hoffman Carried
* 16.1E southside Community Center - Waiver of Zoning Requirements
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, upon authorization of the Common Council an application
has been submitted to New York State for improvements to the
Southside Community Center, and
WHEREAS, the Common Council has reviewed the concept drawings for
such improvements, and
WHEREAS, the property is currently zoned R -2b and use of the
building for public recreation and as a community center are not
permitted uses in the R -2b zone, and
nN WHEREAS, a resolution has been introduced proposing that the
W property be rezoned from R -2b to P -1 and a public hearing has been
Z called for regarding this resolution, which public hearing has been
C scheduled for December 4, 1991, and
G WHEREAS, the existing building and the proposed addition are not in
compliance with the area requirements of either the R -2b or the P
zone, and
WHEREAS, the existing Southside Center building and the proposed
improvements do not conform with certain area requirements of
either the R -2b or the P zones of the City of Ithaca's Zoning
Ordinance including the permitted parking and yard setback
requirements, and coverage, and
WHEREAS, pursuant to New York State common law as stated by the New
York Court of Appeals in the case of the Matter of Monroe County
and its progeny, it is the prerogative of the Common Council to
determine whether to 1) strictly follow applicable zoning
regulations, or 2) balance the public interest served by waiving
the regulations to allow a municipal project to proceed, against
the public interest served by strict compliance with local land use
regulations, and
WHEREAS, the Common Council has balanced the following factors with
regard to the Southside Community Center improvements:
1. Parking
Southside Community Center has operated at its
a.
present location since the mid- 1930s, during which
period there has been either no parking whatsoever
or a minimal one or two spaces serving the
building;
b.
this lack of required parking has not caused
problems in the neighborhood;
C.
most of the users of the Southside Community Center
are neighborhood residents and youth, and,
(40,e
therefore, very few use cars to travel to the site;
d.
provision of parking at the site would require
demolition and paving of the Southside playground,
which fully occupies the remainder of the site; and
e.
the proposed addition will not add a significant
parking demand for the Center.
13
36
November 6, 1991
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachment,
in the City Clerk's Office and forward the same to any other
parties as required by law.
Carried Unanimously
* 16.2C An Ordinance Amending Section 30.25 Entitled `District
Regulations', Column 2 Entitled `Permitted Primary Uses' of Chapter
30 Entitled 'Zoning' of the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Blanchard
ORDINANCE NO. 91 -
An Ordinance Amending Section 30.25 Entitled 'District
Regulations', Column 2, Entitled 'Permitted Primary Uses' 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. That Section 30.25, Column 2, Permitted Primary
Uses, is hereby amended to include the following:
3. All municipal public buildings, facilities and
functions.
Section 2. Effective Date.
This Ordinance shall take effect immediately and in accordance
with law upon publication and notice as provided in Section 3.11(B)
of the Ithaca City Charter. (Published November 12, 1991).
Carried Unanimously
* 16.3 West State Street /Central Business District: Proposed Re-
zoning - Designation of Lead Agency Status for Environmental Review
By Alderperson Hoffman: Seconded by Alderperson Romanowski
WHEREAS, State Law and Section 36.6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed rezoning of the West State Street area from
B -2a to B -2c and the proposed zoning changes in the Central
Business District including changing the existing zoning
designations to CBD 100, CBD 85, and CBD 60, and changing the B -la
zone on Court Street to B -lb, require review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of these proposed zoning
changes.
Discussion followed on the floor with Alderperson Hoffman
explaining the areas of West State Street that would be affected.
Carried Unanimously
16
D
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November 6, 1991
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Johnson, Blanchard, Daley, Golder, Cummings,
Peterson, Schroeder
Nays (3) - Romanowski, Booth, Hoffman Carried
*
16.2A Amendment of P -1 Zone - Designation of Lead Agency Status
for Environmental Review
Seconded by Alderperson Peterson
By Alderperson Hoffman:
WHEREAS, State Law and Section 36.6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
T' WHEREAS, State Law specifies that for actions governed by local
(-0 environmental review, the lead agency shall be that local agency
N which has primary responsibility for approving and funding or
co carrying out the action, and
Z WHEREAS, the proposed amendment clarifying permitted uses allowed
in the P -1 zone to include all municipal public buildings,
facilities, and functions requires review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Zoning Ordinance. Carried Unanimously
* 16.2B Declaration of No Significant Environmental Impact (SEAF
By Alderperson Hoffman: Seconded by Alderperson Golder
WHEREAS, the proposed amendment clarifying permitted uses allowed
in the P -1 zone to include all municipal public buildings,
facilities, and functions requires review under the City's
Environmental Quality Review Ordinance, and
15
WHEREAS, appropriate
environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form (SEAF), 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 is an "unlisted"
action under the City
Environmental Quality Review Act (EQR Section
36.5 (E)), and
WHEREAS, it appears
that the proposed action will not have a
significant effect on
the environment; now, therefore, be it
RESOLVED, That this Common
Council, as lead agency in this matter,
hereby does adopt as
its own the findings and conclusions more
fully set forth on the Short Environmental Assessment Form dated
Octnhar 94; 1991 and
be it further
RESOLVED, That this
Common Council as lead agency, hereby does
issue not have a
we
determine that the
proposed action at will
significant effect
on the environment, and that further
environmental review
is unnecessary under the circumstances, and
be it further
15