HomeMy WebLinkAboutMN-CC-1992-03-04
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. March 4, 1992
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley,
Booth,
Johnson, Schroeder, Golder, Hoffman, Berg
OTHERS:
City Clerk - Paolangeli
Deputy City Controller - Thayer
City Attorney - Guttman
Assistant City Attorney - Kennedy
Police Chief - McEwen
Fire Chief - Olmstead
Planning and Development Director - Van Cort
Planning and Development Deputy Director - Sieverding
Commons Coordinator - Deming
Superintendent of Public Works - Gray
Acting Building Commissioner - Eckstrom
Personnel Administrator - Saul
Youth Bureau Director - Cohen
Board of Public Works Commissioner - Reeves
Tompkins County Board of Representatives - Lerner
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the February 5, 1992 Common Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Golder
RESOLVED, That the Minutes of the February 5, 1992 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Services Committee
Alderperson Blanchard requested a report on the Homeless Task
Force be added to the Human Services agenda.
No Council Member objected.
MAYOR'S APPOINTMENTS:
Traffic Reduction and Public Transit Committee
Mayor Nichols announced that the following persons have been
appointed to the Traffic Reduction and Public Transit Committee
with terms expiring March 1, 1993:
Mignon BelongieGuy Gerard
George FrantzNeil Golder
John Gutenberger Dan Hoffman
Zoe Neaderland Nancy Schuler
Andrew Yale, Chair
Ex-officio
Bernard Carpenter
Doug Foster
Dwight Mengel
William E. Wendt
March 4, 1992
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Energy Commission
Mayor Nichols announced that the following persons have been
appointed to the Energy Commission upon the recommendation of the
Board of Public Works, with terms expiring March 1, 1993:
Lew Durland, Coordinator Jeanne Fudala
Bruce John Jim Miller (DPW Liaison)
Zoe Neaderland Bob Romanowski (Council
Liaison)
Kathleen Ryan Troy Thorbahn
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Re-zoning of West State Street
Mr. James Hanson, Tompkins County Planning Commissioner, expressed
his support for re-zoning West State Street. Mr. Hanson also
spoke to Council regarding the appropriation of funds from the
Green Street Parking Lot re-payment. He urged the Council to pass
the resolution on this matter that is on tonight's agenda.
Mr. Mark Finkelstein, 210 Lake Street, urged Council to call for a
public hearing on the West State Street re-zoning and to approve
the Negative Declaration that is on tonight's agenda for this re-
zoning.
West Hill Master Plan
Mr. George Frantz, Assistant Town Planner, 604 Cliff Street, urged
Council to approve the revised West Hill Master Plan.
Atty. Raymond Schlather, 201 Sunrise Road, spoke to Council in
support of the revised West Hill Master Plan as recommended by the
Planning and Development Committee. He urged Council to approve
the resolution on tonight's agenda.
Alderperson Romanowski read a letter from Mr. and Mrs. Claude
French, 702 Cliff Street, thanking Council for the work that has
been done on the West Hill Master Plan and urged Council to pass
the revised plan as recommended by the Planning and Development
Committee.
REPORT OF THE BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, 1st Ward Rep., spoke to Council on the following
matters:
County Budget - The Board has committed itself to make an
additional $500,000 cut in local expenses for the 1992 budget.
Solid Waste - The County has received permits from the Army Corp
of Engineers with regard to the wetland at the DR-7 site. We
still need to be in compliance with the State D.E.C. so the
process is a long way from being completed.
Flow Control Legislation - The Board has passed a resolution
requesting authorization from the State to pass what is known as a
flow control local law. The law would allow the County to control
the flow of solid waste.
Mr. Lerner answered questions from Council members regarding the
flow control law.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following:
March 4, 1992
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Intersection of Mitchell Street and College Avenue - The Board is
going to be repairing guard rails in the area and looking into
flashing warning lights and/or signage and possibly a capital
project to reconstruct the curbs.
All-Way Stop at Columbia and Giles Streets - This issue was voted
down based on the fact that the Board is looking into better
methods of handling the many requests that they have received.
Marshall and Monroe Street Bridge - The Board passed a resolution
requesting the removal of the bridge. In the resolution there is
a provision to salvage the re-useable parts, such as the iron
work. The neighborhood has been reassured that the Board would
put forth a capital project request to replace it with a
pedestrian bridge.
Elmira Road Sidewalks - The sidewalks are being discussed again.
The Disability Advisory Council and the Planning and Development
Board have reviewed the plans and have come back to the Board with
recommendations.
Meeting Procedures - The Board is still reviewing ways to
streamline their meeting procedures. The work program for 1992
has been finalized with the Mayor making assignments of Board
members to major areas of study.
The following are items that will come before the Board:
1. Bus service to the Farmer's Market
2. Free Ithaca Transit passes for City employees
3. Replacement of the Golf Course maintenance building
Commissioner Reeves answered questions from Council members.
Building Department Advisory Board
Mr. Ted Bronsnick, Chairman, reported on the progress that the
Board has made in reviewing the operations and procedures of the
department. He stated that their first accomplishment has been to
make recommendations to the housing inspection process that is
being implemented by one of the inspectors on a trial basis. Mr.
Eckstrom has reported to the Board that this system is working and
will be adopted by the rest of the inspectors.
Mr. Bronsnick read a mission statement that has been developed by
the Board and Mr. Eckstrom. He stated that before June, the Board
will issue their recommendations, including whether or not a
permanent Board should be appointed.
COMMUNICATIONS FROM THE MAYOR:
Cornell/City Relations Committee
Mayor Nichols reported that negotiations with Cornell are being
arranged and meetings will be forthcoming.
West State Street Re-zoning
Mayor Nichols emphasized the importance of moving ahead with the
public hearing for the West State Street re-zoning.
Appropriation of Green Street Parking Lot Repayment
Mayor Nichols urged the Council to pass the resolution on the
appropriation of Green Street Parking Lot repayment. He stressed
the importance of the funds being used for the revitalization of
downtown.
REPORT OF THE CITY CLERK:
11.1 Appointment of Election Custodians for 1992
March 4, 1992
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By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That Michael Moseley and Claude Colleyacme be appointed
as Election Custodians for the City of Ithaca, New York for the
year 1992.
Carried Unanimously
11.2 Designation of 1992 Polling Places
By Alderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That the following be designated as Polling Places for
1992:
FIRST WARD 1st District Chestnut Street Alternative
Community
School
2nd District 800 S. Plain St. Titus Towers
Housing
3rd District 626 W. State St. Bangs Ambulance
Service
4th District 300 W. Court St. G.I.A.C.
Building
5th District Chestnut Street Alternative
Community
School
SECOND WARD1st District 300 W. Court St. G.I.A.C. Bldg.
2nd District 310 W. Green St. Central Fire
Sta.
3rd District 520 Hudson St. South Hill
School
4th District 310 W. Green St. Central Fire
Sta.
5th District 300 W. Court St. G.I.A.C. Bldg.
THIRD WARD 1st District Cornell Campus Willard Straight
Central Avenue Hall
2nd District Cornell Street Belle Sherman
Annex
3rd District Cornell Street Belle Sherman
Annex
FOURTH WARD 1st District 635 Stewart Ave. Noyes Center
2nd District 402 E. State St. Challenge Ind.
3rd District 309 College Ave. #9 Fire Station
FIFTH WARD 1st District 1012 N. Tioga St. #7 Fire Station
2nd District Corner King & Fall Creek
School
Aurora Streets
3rd District 309 Highland Rd. 1st
Congregational
Church
4th District Corner King & Fall Creek
School
Aurora Streets
Carried Unanimously
REPORT OF CITY ATTORNEY:
City Hall Annex Bids
City Attorney Guttman reported that March 2 was the deadline for
receiving bids for the City Hall Annex. At the time of the
deadline, there were no bids submitted. There has been continued
interest in the building, including statements by some individuals
that if they had more time, they would be submitting bids. Based
on that, the Ithaca Urban Renewal Agency is recommending that the
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City continue to market the building and express its willingness
to receive offers for the building. If any offers are received we
propose to bring them before the IURA and the Intergovernmental
Relations Committee.
Jury Trial - Woolworth's and City
City Attorney Guttman reported that there was a jury trial held as
a result of someone slipping in the Woolworth parking lot and
claiming that the accident was due to the City's or Woolworth's
failure to properly remove the snow and ice from the parking lot.
The jury determined that there was no negligence by either the
City or Woolworth and that case was dismissed.
Awards to City
City Attorney Guttman reported on two instances where the City
sued individuals and in both instances the judge ruled in favor of
the City.
Summary of Recent Code Enforcement Activity
City Attorney Guttman reported on several cases regarding code
enforcement.
ACC Problem
City Attorney Guttman reported that in terms of the cable rates,
ACC has raised their rates as of March 1. It is his opinion that
ACC has raised the rates above what they are entitled to charge.
He stated he has written to ACC and they have forwarded the letter
to their counsel who is reviewing it and he will have a written
response to us in a week or two.
PLANNING AND DEVELOPMENT COMMITTEE:
* 14.1 Acceptance and Approval of West Hill Master Plan
By Alderperson Schroeder: Seconded by Alderperson Blanchard
WHEREAS, a Master Plan for the West Hill area of the City has been
prepared under the direction of the Planning and Development Board
with the participation of the West Hill Civic Association and
appropriate departments of City government, and
WHEREAS, the Plan includes modifications to the planning concepts
for the West Hill area as outlined in previous planning documents
including the 1954 and 1970 General Plans, and
WHEREAS, the Plan has been the subject of numerous public meetings
and discussions, and
WHEREAS, the appropriate environmental reviews of the Plan have
been completed and have resulted in a Finding of No Significant
Impact, and
WHEREAS, the Planning and Development Board approved and adopted
the West Hill Master Plan in July 1991 and, subsequently, approved
modifications to the Plan developed through the cooperative
efforts of the West Hill Master Plan Committee, residents of Cliff
Street and Planning and Development staff, in January 1992; now,
therefore, be it
RESOLVED, That the West Hill Master Plan, as modified, is hereby
accepted and approved by the Common Council as the general guide
for the future development of the West Hill portion of the City
and shall be deemed a part of the City's Comprehensive Plan.
Extensive discussion followed on the floor. Alderperson Efroymson
expressed the opinion that the issue of affordable housing was not
addressed adequately in this plan.
March 4, 1992
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Alderperson Blanchard felt that those concerns were very much
considered in this plan.
A vote on the resolution resulted as follows:
Ayes (9) - Blanchard, Romanowski, Daley, Johnson, Booth,
Golder, Schroeder, Hoffman, Berg
Nay (1) - Efroymson
Carried
* 14.2 West State Street/CBD Rezoning
By Alderperson Schroeder: Seconded by Alderperson Romanowski
WHEREAS, Common Council will consider the rezoning of the Central
Business District including changing the existing zoning
designations to CBD-100, CBD-85 and CBD-60, and the rezoning of
the West State Street corridor from B-2a to B-2c and changing the
B-1a zone on Court Street to B-1b, and
WHEREAS, the proposed action is a Type 1 action under the State
Environmental Quality Review Act and the City Environmental
Quality Review Act, and
WHEREAS, Common Council declared itself Lead Agency in this matter
on November 6, 1991, and
WHEREAS, appropriate environmental review has been conducted
including a scoping session, preparation of the Short
Environmental Assessment Form (SEAF), and the Long Environmental
Assessment Form (LEAF) with Part III which analyzed potential
impacts related to parking, traffic, visual character and historic
resources, fiscal issues and housing supply, and
WHEREAS, it appears based on the level of environmental review
described above including the identified mitigating measures 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 accept as its own the findings and conclusions more
fully set forth in the Short and Long Environmental Assessment
Forms including Part III dated January 22, 1992, (which is
attached to the Official Minute Book), and be it further
RESOLVED, That this Common Council, as Lead Agency, hereby does
determine that the proposed action will not have a significant
effect on the environment because of the mitigation measures
identified in Part III, and be it further
RESOLVED, That this resolution shall constitute notice of this
Negative Declaration and the City Clerk is 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.
Alderperson Hoffman stated, for the record, that he is currently a
member of the Board of Directors of Greenstar Cooperative Market,
which is a not-for-profit organization that is currently looking
for a new store site. One property that is under consideration is
located on West State Street in the zone that is under
consideration for re-zoning. He stated that according to the
Building Department that site is grandfathered and has no parking
requirement now for retail use.
Alderperson Hoffman further stated that he receives no
compensation from Greenstar and he has no financial investment in
March 4, 1992
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the co-op and the co-op has no financial obligations to him. He
said that after consultation with the Assistant City Attorney he
has decided he does not see a public policy reason to ask to be
excused from either the discussion or the vote on this question.
Alderperson Blanchard stated, for the record, that she needs to
make a similar disclosure. She said that while she is not a
property owner in the area, she does have a business office that
is located in a property that will be affected by this zone. She
stated that she does not feel she has a conflict of interest,
therefore, she will be voting on the question.
Alderperson Daley stated that he does have property in this
affected zone but he does not feel that the rezoning will have any
positive effect on his property so he does not feel that he has a
conflict of interest.
Discussion followed on the mitigation measures dated February 26,
attached to the agenda. Alderperson Hoffman suggested the
following amendment to the mitigation measures:
Resolution
By Alderperson Hoffman: Seconded by Alderperson Berg
"RESOLVED, That under "Parking" in the mitigation measures, the
first paragraph read:
"Increase the supply of off-street parking in either surface level
parking lots or in a structured parking facility, if needed."
A vote on the amendment to the mitigation measures resulted as
follows:
Ayes (7) - Hoffman, Blanchard, Golder, Efroymson, Berg,
Johnson, Schroeder
Nays (3) - Romanowski, Daley, Booth
Carried
Alderperson Hoffman suggested that the words "Control over
development timing and location" under the heading of "Traffic",
be deleted from the mitigation measures.
No Council Member objected, therefore the words are deleted.
Extensive discussion followed with Alderperson Booth expressing
his reasons for disagreeing with several of the conclusions
reached in the Environmental Assessment. Deputy Planning Director
Sieverding responded to questions from Alderperson Booth and other
Alderpersons.
Alderperson Hoffman referred to page 10 of the Environmental
Assessment form, under "Determination". He corrected the answer
under "Determination" to "B" as was decided in the Planning
Committee and asked that a copy of the Environmental Assessment
form with the correction be attached to the Official Minute Book.
A vote on the resolution resulted as follows:
Ayes (7) - Blanchard, Romanowski, Daley, Berg, Hoffman,
Efroymson, Schroeder
Nays (3) - Booth, Golder, Johnson
Carried
March 4, 1992
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* 14.3 West State Street/CBD Rezoning - Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Daley
WHEREAS, the Downtown Vision Task Force first recommended the
rezoning of the Central Business District and the West State
Street corridor in February 1991, and
WHEREAS, this rezoning proposal has followed the implementation
procedure for Complex Zoning Ordinance Amendments as described in
Council's Guide for Zoning Ordinance Amendments adopted in 1990,
and
WHEREAS, the Planning and Development Committee after receiving
and considering comments on the draft Zoning Ordinance Amendments
recommends its adoption by the Common Council; now, therefore, be
it
RESOLVED, That Ordinance Number 92- entitled "An ordinance
amending the Zoning Map and Subdivision D of Section 30.33 of
Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code"
be and it is hereby introduced before the Common Council, and, be
it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforementioned ordinance to be
held at Common Council Chambers, City Hall, 108 E. Green Street on
Wednesday, April 1, 1992 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
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed zoning ordinance for its report thereon.
ORDINANCE NO. 92-
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, CHAPTER 30, ENTITLED "ZONING" TO CHANGE THE ZONING
DESIGNATION OF CERTAIN AREAS IN THE CITY OF ITHACA AND TO
ESTABLISH APPROPRIATE DISTRICT REGULATIONS.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows:
Section 1. Chapter 30, Section 30.21 of the Municipal Code
of the City of Ithaca is hereby amended to create a new zoning
district to be known as CBD Central Business District.
Section 2. Chapter 30, Section 30.22 of the Municipal Code
of the City of Ithaca is hereby amended to change the zoning
designation of the following area from B-3 and B-2C as appropriate
to CBD 60:
All that tract or parcel of land more particularly bounded
and described as follows: Beginning at the intersection of the
south line of West Seneca Street with the east line of South
Geneva Street; running thence southerly along the east line of
South Geneva Street to the intersection of the east line of South
Geneva Street with the north line of West Green Street; running
thence easterly along the north line of West Green Street and the
north line of East Green Street to the intersection of the north
line of East Green Street with the center line of East State
March 4, 1992
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Street; running thence easterly along the center line of East
State Street to the intersection of the center line of East State
Street with the center line of Seneca Way; running thence
northwesterly along the center line of Seneca Way to the
intersection of the center line of Seneca Way with the center line
of East Seneca Street; running thence in a northerly direction to
the southeast corner of tax parcel 62-5-12; running thence in a
northerly direction along the east line of tax parcel 62-5-12 to
the northeast corner thereof; running thence in an easterly
direction along the south line of the easterly portion of tax
parcel number 62-5-16 to the southeast corner thereof; running
thence in a northerly direction along the east line of the east
portion of tax parcel number 62-5-16 to the northeast corner
thereof, being a point in the south line of tax parcel number 62-
5-4; running thence in a westerly direction along the south line
of tax parcel number 62-5-4 to the southwest corner thereof, being
a point in the east line of tax parcel number 62-5-16; running
thence northerly along said east line of tax parcel number 62-5-16
to the northeast corner thereof, being the southeast corner of tax
parcel number 62-5-18; running thence northerly along the east
line of tax parcel number 62-5-18 to the northeast corner thereof,
being a point in the south line of tax parcel number 62-5-3;
running thence easterly along the south line of tax parcel number
62-5-3 to the southeast corner thereof; running thence northerly
along the east line of tax parcel number 62-5-3 to the northeast
corner thereof, being a point in the south line of East Buffalo
Street; running thence westerly along the south line of East
Buffalo Street to the intersection of the south line of East
Buffalo Street with the east line of North Cayuga Street; running
thence southerly along the east line of North Cayuga Street to the
intersection of the east line of North Cayuga Street with the
south line of West Seneca Street; running thence westerly along
the south line of West Seneca Street to the point or place of
beginning.
Excluding and excepting that tract or parcel of land more
particularly described in Section 3 hereafter which is being
changed from being designated as B-3 and B-2C zones to the CBD 85
zone.
Section 3. Chapter 30, Section 30.22 of the Municipal Code
of the City of Ithaca is hereby amended to change the zoning
designation of the following area from B-3 and B-2C as appropriate
to CBD 85:
All that tract or parcel of land more particularly bounded
and described as follows: Beginning at a point at the
intersection of the center line of North Tioga Street with the
north line of East State Street; running thence easterly along the
north line of East State Street to the southeast corner of tax
parcel number 70-3-15; running thence northerly along the east
line of tax parcel number 70-3-15, being the west line of tax
parcel number 70-3-14 to the northwest corner of tax parcel number
70-3-14; running thence easterly along the north line of tax
parcel number 70-3-14 approximately 8' to a point in the east line
of tax parcel number 70-3-15; running thence northerly along the
east line of tax parcel number 70-3-15 to a point in the south
line of tax parcel number 70-3-16; running thence easterly along
the south line of tax parcel number 70-3-16 to the southeast
corner thereof; running thence northerly approximately 16.36',
easterly approximately 8', northerly approximately 10.5', westerly
approximately 7.68' and northerly approximately .5' all along the
east line of tax parcel number 70-3-16 to a point in the south
line of tax parcel number 70-3-17, said point being the northwest
corner of tax parcel number 70-3-13; running thence easterly along
the north line of tax parcel number 70-3-13 to the northeast
March 4, 1992
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corner thereof, being a point in the west line of tax parcel
number 70-3-18; running thence northerly along the west line of
tax parcel number 70-3-18 to the northwest corner thereof, being
the southwest corner of tax parcel number 70-3-2; running thence
northerly along the west line of tax parcel number 70-3-2 to the
northwest corner thereof; continuing thence northerly to the
center line of East Seneca Street; running thence westerly along
the center line of West Seneca Street to the intersection of the
center line of West Seneca Street with the center line of North
Tioga Street; running thence northerly along the center line of
North Tioga Street approximately 136' to a point; running thence
westerly to the northeast corner of tax parcel number 61-5-8,
being the southeast corner of tax parcel number 61-5-7; running
thence westerly along the north line of tax parcel number 61-5-8
to the northwest corner thereof, being a point in the east line of
parcel 61-5-9; running thence northerly along the east line of
parcel 61-5-9 to the northeast corner thereof; running thence
westerly along the north line of tax parcel number 61-5-9 to the
northwest corner thereof; running thence southerly approximately
22' to the northeast corner of tax parcel number 61-5-10; running
thence westerly along the northerly line of tax parcel number 61-
5-10 to the northwest corner thereof; running thence northerly
along the east line of tax parcel number 61-5-11 to the northeast
corner thereof; running thence westerly along the north line of
tax parcel number 61-5-11 approximately 67.5' to a point in the
east line of tax parcel number 61-5-2; running thence southerly
approximately 14.8' to the southeast corner of tax parcel number
61-5-2; running thence westerly approximately 66' to the northwest
corner of tax parcel number 61-5-12; running thence southerly
along the west line of tax parcel number 61-5-12 to the southwest
corner thereof; continuing thence across East Seneca Street to the
northwest corner of tax parcel number 70-2-5; continuing thence
southerly along the west line of tax parcel number 70-2-5 to the
southwest corner thereof; running thence easterly along the south
line of tax parcel number 70-2-5 to the southeast corner thereof,
being the southwest corner of tax parcel number 70-2-6; running
thence easterly along the south line of tax parcel number 70-2-6
to the southeast corner thereof, being a point in the west line of
tax parcel number 70-2-7; running thence southerly along the west
line of tax parcel number 70-2-7 to the southwest corner thereof;
running thence easterly along the south line of tax parcel number
70-2-7 to the southeast corner thereof, being the southwest corner
of tax parcel number 70-2-8; running thence easterly along the
south line of tax parcel number 70-2-8 to the southeast corner
thereof, being a point in the west line of tax parcel number 70-2-
23; running thence southerly along the west line of tax parcel
number 70-2-23 to the southwest corner thereof; running thence
easterly along the south line of tax parcel number 70-2-23 to the
southeast corner thereof, being the northwest corner of tax parcel
number 70-2-21; running thence easterly along the north line of
tax parcel number 70-2-21 to the northeast corner thereof; running
thence southerly along the east line of tax parcel number 70-2-21
to the northwest corner of tax parcel number 70-2-13; running
thence easterly along the north line of tax parcel number 70-2-13
to the northeast corner thereof; continuing thence easterly to the
center line of North Tioga Street; running thence southerly along
the center line of North Tioga Street to the point or place of
beginning.
Section 4. Chapter 30, Section 30.22 of the Municipal Code
of the City of Ithaca is hereby amended to change the zoning
designation of the following area from B-3 and B-2C as appropriate
to CBD 100:
All that tract or parcel of land more particularly bounded
and described as follows: Beginning at a point at the
March 4, 1992
11
intersection of the center line of South Cayuga Street with the
north line of Clinton Street; running thence easterly along the
north line of East Clinton Street approximately 168' to the
northwest bank of Six Mile Creek; running thence in a
northeasterly direction along the northwest bank of Six Mile Creek
to the southeast corner of tax parcel number 70-8-11; running
thence northerly along the east line of tax parcel number 70-8-11
to the south line of East Green Street; running thence westerly
along the south line of East Green Street and the south line of
West Green Street to the northeast corner of tax parcel number 70-
7-3; running thence southerly along the east line of tax parcel
number 70-7-3 to the southeast corner thereof, being a point in
the north line of tax parcel number 80-10-12; running thence
easterly along the north line of tax parcel number 80-10-12 to the
northeast corner thereof; running thence southerly along the east
line of tax parcel number 80-10-12 to the northeast corner of tax
parcel number 80-10-1; running thence southerly along the east
line of tax parcel number 80-10-2 to the southeast corner thereof;
running thence southerly along the east line of tax parcel number
80-10-3 to the southeast corner thereof; running thence westerly
approximately 10.7' along the south line of tax parcel number 80-
10-3, being the northerly line of tax parcel number 81-1-11 to the
northeast corner of tax parcel number 80-10-5; running thence
southerly along the east line of tax parcel number 80-10-5 and the
east line of tax parcel number 80-10-9, being the west line of tax
parcel number 81-1-11 to the north line of West Clinton Street;
running thence easterly along the north line of West Clinton
Street to the point or place of beginning.
Section 5. Chapter 30, Section 30.22 of the Municipal Code
of the City of Ithaca is hereby amended to change the zoning
designation of the following area from B-1a to B-1b:
All that portion of the following tract or parcel of land
which is currently zoned B-1a: Beginning at the intersection of
the center lines of East Court Street and North Tioga Street;
running thence southerly along the center line of North Tioga
Street to the center line of East Buffalo Street; running thence
easterly along the center line of East Buffalo Street to the
center line of North Aurora Street; running thence northerly along
the center line of North Aurora Street to the center line of East
Court Street; running thence westerly along the center line of
East Court Street to the point or place of beginning.
Section 6. Chapter 30, Section 30.22 of the Municipal Code
of the City of Ithaca is hereby amended to change the zoning
designation of the following area from B-2a to B-2c:
All that tract or parcel of land more particularly bounded
and described as follows: Beginning at a point in the west line
of North Geneva Street, said point of beginning being located 75'
southerly from the south line of West Seneca Street; running
thence westerly parallel with and 75' south of the south line of
West Seneca Street to a point located 60' east of the east line of
North Meadow Street, said point being located 93' east of the
center line of North Meadow Street; running thence southerly
parallel with and 93' east of the center line of North Meadow
Street to a point located 75' northerly of the north line of West
Green Street; running thence easterly parallel with and 75'
northerly of the north line of West Green Street to the west line
of South Geneva Street; running thence northerly along the west
line of North Geneva Street to the point or place of beginning.
March 4, 1992
12
Section 7. Chapter 30, Section 30.22 of the Municipal Code
of the City of Ithaca is hereby amended to change the zoning
designation of the following area from B-2a to B-2d:
All that tract or parcel of land more particularly bounded
and described as follows: Beginning at a point in the west line
of North Geneva Street, said point of beginning being located 75'
southerly from the south line of West Seneca Street; running
thence westerly parallel with and 75' south of the south line of
West Seneca Street to a point located 60' east of the east line of
North Meadow Street, said point being located 93' east of the
center line of North Meadow Street; running thence northerly
parallel with and 93' east of the center line of North Meadow
Street to the south line of West Seneca Street; running thence
easterly along the south line of West Seneca Street to the west
line of North Geneva Street; running thence southerly along the
west line of North Geneva Street to the point or place of
beginning;
Together with all that tract or parcel of land more
particularly bounded and described as follows: Beginning at the
intersection of the north line of West Green Street with the west
line of South Geneva Street; running thence westerly along the
north line of West Green Street to a point located 60' east of the
east line of North Meadow Street, said point being located 93'
east of the center line of North Meadow Street; running thence
northerly parallel with and 93' feet east of the center line of
North Meadow Street 75' to a point; running thence easterly
parallel with and 75' north of the north line of West Green Street
to the west line of South Geneva Street; running thence southerly
along the west line of South Geneva Street to the point or place
of beginning.
Section 8. Chapter 30, Section 30.25(A) of the Municipal
Code of the City of Ithaca is hereby amended to correct the
numbering of Section A, Column 14, as follows:
Section A, Column 14: Yard dimensions. Rear yard is amended
to read: "Columns 14 and 15: Yard dimensions. Rear yard."
Section 9. Chapter 30, Section 30.25(A) of the Municipal
Code of the City of Ithaca is hereby amended to add a new Column
16 regarding minimum height of buildings to read as follows:
Column 16: Minimum Height of Building. "Height in feet."
Buildings hereafter erected shall have a minimum height as
specified herein.
Section 10. Chapter 30, Section 30.25 of the Municipal Code
of the City of Ithaca is hereby amended to establish district
regulations for the new CBD 60 district as follows:
Column 2: Permitted primary uses: Any use permitted in a B-
2 district.
Column 3: Permitted accessory uses: Any accessory use
permitted in a B-2 district.
Column 4: Off-street parking requirement: None.
Column 5: Off-street loading requirement: Same as B-2.
Column 6: Minimum lot size: Area in square feet: No
minimum lot size.
Column 7: Minimum lot size: Width in feet at street line:
March 4, 1992
13
ten (10).
Column 8: Maximum height of building: Number of stories:
None.
Column 9: Maximum height of building: Height in feet:
Sixty (60).
Column 10: Maximum percentage of lot covered by buildings:
one hundred (100) percent except as required for rear yard.
Column 11: Yard dimensions, front, required minimum: None.
Column 12: Yard dimensions, side, one side at least: None.
Column 13: Yard dimensions, side, other at least: None.
Column 14: Yard dimensions, rear, percent of depth: See
Column 15.
Column 15: Yard dimensions, rear, maximum required feet: ten
(10) minimum.
Column 16: Minimum building height: twenty-five (25) feet.
Section 11. Chapter 30, Section 30.25 of the Municipal Code
of the City of Ithaca is hereby amended to establish district
regulations for the new CBD 85 district as follows:
Column 2: Permitted primary uses: Any use permitted in a B-
2 district.
Column 3: Permitted accessory uses: Any accessory use
permitted in a B-2 district.
Column 4: Off-street parking requirement: None.
Column 5: Off-street loading requirement: Same as B-2.
Column 6: Minimum lot size: Area in square feet: No
minimum lot size.
Column 7: Minimum lot size: Width in feet at street line:
ten (10).
Column 8: Maximum height of building: Number of stories:
None.
Column 9: Maximum height of building: Height in feet:
Eighty-five (85).
Column 10: Maximum percentage of lot covered by buildings:
one hundred (100) percent except as required for rear yard.
Column 11: Yard dimensions, front, required minimum: None.
Column 12: Yard dimensions, side, one side at least: None.
Column 13: Yard dimensions, side, other at least: None.
Column 14: Yard dimensions, rear, percent of depth: See
Column 15.
Column 15: Yard dimensions, rear, maximum required feet: ten
(10) minimum.
March 4, 1992
14
Column 16: Minimum building height: twenty-five (25) feet.
Section 12. Chapter 30, Section 30.25 of the Municipal Code
of the City of Ithaca is hereby amended to establish district
regulations for the new CBD 100 district as follows:
Column 2: Permitted primary uses: Any use permitted in a B-
2 district.
Column 3: Permitted accessory uses: Any accessory use
permitted in a B-2 district.
Column 4: Off-street parking requirement: None.
Column 5: Off-street loading requirement: Same as B-2.
Column 6: Minimum lot size: Area in square feet: No
minimum lot size.
Column 7: Minimum lot size: Width in feet at street line:
ten (10).
Column 8: Maximum height of building: Number of stories:
None.
Column 9: Maximum height of building: Height in feet: One
hundred (100).
Column 10: Maximum percentage of lot covered by buildings:
one hundred (100) percent except as required for rear yard.
Column 11: Yard dimensions, front, required minimum: None.
Column 12: Yard dimensions, side, one side at least: None.
Column 13: Yard dimensions, side, other at least: None.
Column 14: Yard dimensions, rear, percent of depth: See
Column 15.
Column 15: Yard dimensions, rear, maximum required feet: ten
(10) minimum.
Section 13. Chapter 30, Section 30.25 of the Municipal Code
of the City of Ithaca is hereby amended to amend the district
regulations for the B-1b district as follows:
Column 9: Maximum height of building: Height in feet:
Fifty (50) feet.
Column 16: Minimum building height: twenty-five (25) feet.
Section 14. Chapter 30, Section 30.25 of the Municipal Code
of the City of Ithaca is hereby amended to amend the district
regulations for the B-2c district as follows:
Column 4: Off-street parking requirement: None.
Column 5: Off-street loading requirement: None.
Column 6: Minimum lot size, area in square feet: No minimum
lot size.
Column 7: Minimum lot size: Width in feet at street line:
twenty-five (25).
March 4, 1992
15
Column 8: Maximum height of building: Number of stories:
None.
Column 9: Maximum height of building: Height in feet:
Fifty (50) feet.
Column 10: Maximum percentage of lot covered by buildings:
Eighty-five (85) percent except as required for rear yard, or side
yard.
Column 11: Yard dimensions, front, required minimum: None.
Column 12: Yard dimensions, side, one side at least: Ten
(10) feet.
Column 13: Yard dimensions, side, other at least: None.
Column 14: Yard dimensions, rear, percent of depth: Fifteen
(15) percent.
Column 15: Yard dimensions, rear, maximum required feet:
twenty (20) feet.
Column 16: Minimum building height: Twenty-five (25) feet.
Section 15. Chapter 30, Section 30.25 of the Municipal Code
of the City of Ithaca is hereby amended to amend the district
regulations for the new B-2d district as follows:
Column 2: Permitted primary uses:
1. Any use permitted in a B-1 district.
2. Retail store or service commercial facility.
3. Confectionery, millinery, dressmaking and other
activities including light hand fabrication as well as sales.
Column 3: Permitted accessory uses: Any accessory use
permitted in a B-1 district.
Column 4: Off-street parking requirement: None.
Column 5: Off-street loading requirement:
1. Same as B-1.
2. Retail store: one (1) space for each use for 3,000 to 10,000
square feet of floor space, plus one space for each
additional 15,000 square feet or major fraction thereof
of floor space in single occupancy.
3. Maximum required: four (4) spaces for any single occupancy.
4. Other uses: See Section 30.38.
Column 6: Minimum lot size: Area in square feet: 3,000
square feet.
Column 7: Minimum lot size: Width in feet at street line:
forty (40) feet.
Column 8: Maximum height of building: Number of stories:
March 4, 1992
16
None.
Column 9: Maximum height of building: Height in feet:
Forty (40) feet.
Column 10: Maximum percentage of lot coverage by buildings:
seventy-five (75) percent.
Column 11: Yard dimensions, front, required minimum: Ten
(10).
Column 12: Yard dimensions, side, one side at least: Ten
(10).
Column 13: Yard dimensions, side, other at least: Five (5).
Column 14: Yard dimensions, rear, percent of depth: Fifteen
(15) percent.
Column 15: Yard dimensions, rear, maximum required feet:
twenty (20) feet.
Column 16: Minimum building height: twenty-five (25) feet.
Section 16. Chapter 30, Section 30.36 of the Municipal Code
of the City of Ithaca entitled "Transition Regulations, subsection
a entitled 'Lots in two districts'" is hereby amended to add an
additional sentence at the end to read as follows:
"Notwithstanding the above, the transition regulations as
provided for in this section shall not apply to the B-2d
district."
Section 17. Chapter 30, Section 30.21 of the Municipal Code
of the City of Ithaca entitled "Establishment of Zoning Districts"
is hereby amended to eliminate the "B-3 central business"
district.
Section 18. That the City Planning and Development Board,
the City Clerk and the Planning Department shall amend the zoning
map and the district regulations chart in accordance with the
amendments made herewith.
Section 19. Effective date. This ordinance shall take
effect immediately and in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
City Attorney Guttman made a correction on page 8 of the Ordinance
(page 13 of the Minutes) as follows:
Under Section 12: Add the words "Column 16: Minimum building
height: twenty-five (25) feet".
Amending Resolution to the Zoning Ordinance
By Alderperson Hoffman: Seconded by Alderperson Berg
RESOLVED, That in Section 15, Column 4 on page 10 of the Ordinance
(page 14 of the Minutes) the word "None" be deleted and the words
"Same as B2a except that there shall be no off-street parking
requirement for residential use and further provided that there
shall be no off-street parking required for any building in which
60% or more of the gross square footage is devoted to residential
use" be added.
Extensive discussion followed on the floor on the amendment to the
March 4, 1992
17
Ordinance.
A vote on the amendment to the Ordinance resulted as follows:
Ayes (6) - Booth, Johnson, Efroymson, Golder, Hoffman, Berg
Nays (4) - Romanowski, Daley, Schroeder, Blanchard
Carried
Further discussion followed with Alderpersons debating the pros
and cons of the rezoning issue for the West State Street/CBD area.
Main Motion
A vote on the Main Motion to call for a Public Hearing resulted as
follows:
Ayes (7) - Blanchard, Romanowski, Efroymson, Daley, Hoffman,
Berg, Schroeder
Nays (3) - Booth, Golder, Johnson
Carried
Recess
Common Council recessed at 9:10 p.m. and reconvened in regular
session at 9:20 p.m.
Proposed Ithaca Urban Area Metropolitan Planning Organization -
Report
Alderperson Schroeder stated that the City is going to have to
join with other municipalities in a new organization called the
Metropolitan Planning Organization. This results from the new
transportation act that was passed by the Federal government
recently that allocates $151 billion to urbanized areas in the
United States. He stated that after the last census, it turns out
that the City of Ithaca in conjunction with surrounding urbanized
crews is now an official urbanized area, which makes us eligible
to receive these funds after we have established a Metropolitan
Planning Organization. He explained further how the organization
would be structured and how it would operate.
CHARTER AND ORDINANCE COMMITTEE:
* 15.1 Simeon's Restaurant Outdoor Dining Permit
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, in 1987, 1988, 1989, 1990, and 1991 the City of Ithaca
issued a license to Simeon's Restaurant allowing that restaurant
to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Simeon's Restaurant, including the
responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, for the year 1992, that Common Council hereby approves a
March 4, 1992
18
revocable license agreement for the outdoor sale and consumption
of alcohol between the City and Simeon's Restaurant that includes
the sale of alcohol in accord with the terms and conditions set
forth in application therefor, including minimum Dram Shop
coverage in the amount of $500,000.00 and Commons Advisory Board
approval for outdoor dining permits.
Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Schroeder, Golder, Hoffman, Berg
Nay (1) - Booth
Carried
* 15.2 American Community Cablevision Franchise
By Alderperson Hoffman: Seconded by Alderperson Romanowski
WHEREAS, American Community Cablevision (the "Franchisee") is the
holder of a cable television franchise (the "Franchise") for the
City of Ithaca, and
WHEREAS, the Franchisee is a subsidiary or division of American
Television and Communications Corporation ("ATC"), and
WHEREAS, ATC is a majority owned subsidiary of Time Warner Inc.
("Time Warner"), a widely held New York Stock Exchange company
which has offered to purchase the shares in ATC which it does not
own (the "ATC Minority Shares"), and
WHEREAS, Time Warner intends to create a new limited partnership
entity comprised of the business and assets of its filmed
entertainment, programming and cable divisions, which entity shall
be known as Time Warner Entertainment Company, L.P. ("TWE"), and
WHEREAS, Time Warner will retain majority ownership as well as
operating and management control of TWE and will operate TWE as a
controlled subsidiary of Time Warner employing the assets of ATC
including the Franchise and the Franchisee, and the assets of
Warner Cable, Lorimar Telepictures, HBO, and Warner Bros., and
WHEREAS, Time Warner intends to offer minority limited partnership
interests in TWE to strategic partners in TWE, including Toshiba
Corporation and C. Itoh & Co. Ltd, and
WHEREAS, ATC will continue to exist as an operating division of
TWE, with the existing management structure remaining at both the
local and corporate levels and no change is anticipated in the
manner in which the business and operations of the Franchisee are
conducted, and
WHEREAS, the Franchisee will continue to be the grantee of the
Franchise as an operating division of TWE and will continue to
operate under the Franchise, and
WHEREAS, pursuant to Article 23 of the Franchise Agreement, the
Franchise cannot be transferred without the prior consent of the
City and prior City authorization is required for every change,
transfer, and acquisition of control of the Franchisee; now,
therefore, be it
RESOLVED, That, insofar as it may be necessary or advisable under
the Franchise, the transfer of the ATC Minority Shares to Time
Warner and the transfer of the Franchise and the cable television
system operating pursuant to the Franchise from the Franchisee to
TWE (including any necessary transfers through one or more
subsidiaries of Time Warner), are hereby authorized and consented
March 4, 1992
19
to in all respects.
Ayes (7) - Hoffman, Golder, Johnson, Blanchard, Berg,
Romanowski, Booth
Nays (3) - Daley, Efroymson, Schroeder
Carried
* 15.3 An Ordinance Amending Subdivision B of Section 26.100
Entitled "Penalties for violation" of Chapter 26 Entitled
"Building Code Enforcement" of the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Johnson
ORDINANCE NO. 92-
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDING CODE
ENFORCEMENT" 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 Chapter 26 entitled "Building Code
Enforcement", subdivision B of Section 26.100 entitled "Penalties
for violation" of the City of Ithaca Municipal Code, is hereby
amended as follows:
S 26.100 Penalties for violation
B. Any person who shall fail to comply with a written order
of the Building Commissioner within the time fixed for compliance
therewith, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents, or any
other person taking part or assisting in the construction or use
of any building or any property who shall knowingly violate any of
the applicable provisions of law, or any lawful order, notice,
directive, permit or certificate of the Building Commissioner made
thereunder shall be punishable by fine of not more than two
hundred fifty dollars ($250.00). Each day that a violation
continues shall be deemed a separate offense.
Section 2. Effective Date. This ordinance shall take effect
immediately and in accordance with law upon publication and of a
notice as provided in the Ithaca City Charter. (Published March
11, 1992)
Carried Unanimously
* 15.4 An Ordinance Adding Section 26.102 Entitled "Penalties for
aggravated violation" of Chapter 26 Entitled "Building Code
Enforcement" of the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Efroymson
ORDINANCE NO. 92-
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED "BUILDING CODE
ENFORCEMENT" 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 Chapter 26 of the City of Ithaca Municipal
Building Code entitled "Building Code Enforcement" is hereby
amended by adding Section 26.102, entitled "Penalties for
aggravated violation" as follows:
S 26.102 Penalties for aggravated violation
March 4, 1992
20
If any person fails to comply with the written order of the
Building Commissioner within the time fixed for compliance
therewith, or if any owner, builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their
agents or any other person taking part or assisting in the
construction or use of any building or any property should
knowingly violate any of the applicable provisions of law, or any
lawful order, notice, directive, permit or certificate of the
Building Commissioner made thereunder and injury occurs to any
person or properties as the result of such failure to comply or
such violation, the person who failed to comply with the written
order of the Building Commissioner or the person who knowingly
violated the applicable provision of law or order, notice,
directive, permit or certificate of the Building Commissioner
shall be guilty of a misdemeanor and shall be punishable by a fine
of not more than one thousand ($1,000.00) dollars or imprisonment
for not more than one (1) year. For the purpose of establishing
the maximum amount of fine that may be assessed, each day that a
violation continues shall be deemed a separate offense.
Section 2. Effective Date. This ordinance shall take effect
immediately and in accordance with law upon publication and of a
notice as provided in the Ithaca City Charter. (Published March
11, 1992)
Carried Unanimously
* 15.5 An Ordinance Amending the Code of the City of Ithaca by
Adding a New Chapter to be known as Chapter 57 entitled "Sidewalks
and Ramps"
By Alderperson Hoffman: Seconded by Alderperson Johnson
ORDINANCE NO. 92 -
An ordinance to amend the code of the City of Ithaca, Chapter
244 thereof, entitled "Streets, Sidewalks, and Public Places" by
deletion and repealing Section 244.53 and by adding a new Chapter
imposing a duty on owners of property to keep sidewalks and ramps
clear of snow, ice and other obstructions.
BE IT ORDAINED, by the Common Council of the City of Ithaca
as follows:
Section 1. That the Code of the City of Ithaca is hereby
amended by adding a new Chapter to be known as Chapter 57 entitled
"Sidewalks and Ramps" to read as follows:
Duty to keep sidewalks and ramps clear of snow, ice and other
obstructions.
It shall be the duty and responsibility of all persons owning
property on a public street to keep the sidewalks surrounding such
property substantially clear of snow, ice and other obstructions,
including, but not limited to, free-flowing water from drains,
ditches and/or downspouts located on such property. The sidewalks
shall be cleared of such obstructions within twenty-four (24)
hours of when the obstruction initially occurs. For properties
that abut the intersection of two streets, the sidewalks which
must be kept substantially clear of snow, ice and other
obstructions shall include that portion of the sidewalk which runs
to the curb line of any street and shall include access ramps
located therein.
Upon the failure of the owner of such property to clear any
such sidewalk or access ramp within twenty-four (24) hours of when
the obstruction initially occurs, the sidewalks and/or access
ramps may be cleared by employees or agents of the City at the
expense of the property owner. In such event, the property owner
March 4, 1992
21
will be charged the actual out-of-pocket cost to the City of such
work plus an additional fifty (50) percent for overhead and
administration charges. Such charge shall be paid to the City
within thirty (30) days from the date the bill is sent to the
owner. Bills remaining unpaid after such thirty-day period shall
accrue a late penalty of twelve (12) percent per annum from the
date of the bill or three dollars ($3.00) per month, whichever
amount is greater.
Any owner of property who shall fail to keep sidewalks and
access ramps clear of snow, ice or other obstructions as above
provided shall be subject to punishment as provided in Chapter 1,
General Provisions, Article I, Penalties.
Section II. The Code of the City of Ithaca is hereby amended
by deleting and repealing Section 244.53 of Chapter 244, Streets,
Sidewalks and Public Places.
Section III. Effective date. This ordinance shall become
effective August 1, 1992. (Published March 11, 1992)
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Police Department - Request Funds for Additional SPCA
Contract
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Police Department has recommended that the Society
for the Prevention of Cruelty to Animals (SPCA) be engaged to pick
up and dispose of suspected rabid raccoons and other rabid
animals, when called in by Police personnel; now, therefore, be it
RESOLVED, That subject to the review of the City Attorney, the
Chief of Police be authorized to execute an agreement with the
SPCA for a six-month period, at a per incident charge of $21.00,
up to an amount not to exceed $2,100, and be it further
RESOLVED, That $2,100 be transferred from Unrestricted Contingency
to Police Department account A3120-435 for Professional Services,
SPCA.
Carried Unanimously
* 16.2 Planning Department - Request Funds for BT Glass Building
Environmental Assessment
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Drop-In Children's Center Client Committee has
recommended that an environmental assessment of the B.T. Glass
property be performed, to insure that the site is free from any
residual contaminants, given its previous use as a service station
site; now, therefore, be it
RESOLVED, That the Planning Department is hereby authorized to
enter into a contract for an environmental assessment of the B.T.
Glass property, and be it further
RESOLVED, That an amount not to exceed $6,200 be encumbered for
said purpose within Capital Project #239 for Tank Removal.
Discussion followed on the floor on the need for an environmental
assessment of this site.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.3 Mayor - Appointment of Building Commissioner
By Alderperson Booth: Seconded by Alderperson Johnson
March 4, 1992
22
RESOLVED, That Richard Eckstrom be appointed to the position of
Building Commissioner at an annual salary of $48,674., effective
March 1, 1992.
Carried Unanimously
* 16.4 Attorney - Request to Hire Above Step 1
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That Genevieve Smith be hired for the Confidential
Secretary position in the Attorney's Office at an annual salary of
$15,437., that being Step 4 on the 1992 Compensation Plan for
confidential employees, effective March 9, 1992.
Carried Unanimously
* 16.5 Attorney - Appointment of Marriage Officers
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, pursuant to Section 11 of the Domestic Relations Law, the
Mayor is authorized to solemnize marriages, and
WHEREAS, pursuant to Section 3.6 of the Ithaca City Charter the
acting Mayor is authorized to act as Mayor only when the Mayor is
unable to perform the duties of his or her office in consequence
of sickness or absence from the City or if there shall be a
vacancy in the office, and
WHEREAS, as a result of the Mayor's schedule, occasions arise when
the Mayor is requested to solemnize a marriage but is unable to do
so, and
WHEREAS, pursuant to Section 11-c of the Domestic Relations Law,
Common Council is authorized to appoint one or more marriage
officers who shall have the authority to solemnize a marriage;
now, therefore, be it
RESOLVED, That Barbara Blanchard, Joseph Daley and Dan Hoffman
are hereby appointed Marriage Officers for the City of Ithaca,
effective immediately, for a term to expire on December 31, 1993,
to serve in such capacity without compensation.
Carried Unanimously
* 16.6 Finance Department/Controller - Request to Amend 1992
Equipment List
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the Clerk's Office is in need of a larger computer for
the implementation and storage of the Records Management Inventory
for the City, and
WHEREAS, the funds for such a computer purchase are available
within the budget established for such Records Management
Inventory, and
WHEREAS, the total estimated cost for the purchase of the computer
and related software will not exceed $3,000.; now, therefore, be
it
RESOLVED, That the 1992 Finance Department Authorized Equipment
list be amended as follows:
A1315-210 Office Equipment 1-486 Computer $3,000
Carried Unanimously
* 16.7 Finance Department/Controller - Request to Approve 1992
Human Services Coalition Contract
March 4, 1992
23
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to execute the 1992 Human
Services Coalition Contract in the amount of $9,900 in accord with
the adopted 1992 City Budget, and be it further
RESOLVED, That proposed paragraph #3 pertaining to the funding
from other municipalities in the County be deleted from the 1992
Human Services Coalition Contract.
Carried Unanimously
* 16.8 Finance Department/Chamberlain - Request Change in
Assessment
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, an investigation of an error in essential fact, pursuant
to Section 554 (4A) of the Real Property Tax Law revealed that a
Veteran's exemption of $20,000 for 408 Warren Place in the name of
Louise Kordziel was omitted from the 1992 final assessment roll;
now, therefore, be it
RESOLVED, That the 1992 Tax Roll for the City of Ithaca be amended
to reduce the assessment of Tax Map Number 55.-2-2 by $20,000, and
be it further
RESOLVED, That the City Chamberlain is authorized and directed to
make the appropriate changes in the Tax Roll and prepare a new tax
bill for said property.
Carried Unanimously
* 16.9 Appropriation of Green Street Parking Lot Repayment
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, G & M Associates is now making regular payments on the
Note which financed the sale of the land under the Green Street
Parking Ramp to G & M Associates, and
WHEREAS, the Downtown Vision Task Force has made a number of
recommendations for improvements to the Central Business District
which will enhance its appeal as a place to shop and do business,
and
WHEREAS, the Urban Renewal Agency, the Planning and Development
Committee and the Downtown Leadership Revitalization Committee
have recommended that these funds be allocated to the
revitalization of the Central Business District; now, therefore,
be it
RESOLVED, That the Common Council will commit the first two years
(1991 - 1992) back interest and loan payments less that portion of
these funds allocated for the NYSCA match to the implementation of
the Downtown Vision Task Force recommendations with the exact
mechanism for how these funds are to be expended to be determined
at a later date by the Common Council. The amount scheduled to be
repaid is $30,169.54*
Current Account Balance $17,168.76
Back Interest Payment due 4/1/92 11,894.33
Quarterly Payments 4/1, 7/1, 10/1 5,691.90
Total $34,544.41
Less NYSCA Match 4,375.00
Amount Available $30,169.54
Future Payments:
Back Interest Payment Due 4/1/93 $12,531.29
Quarterly Payments Until 1/1999 $1,897.20
Total Annual Payment $7,588.80
Discussion followed on the floor.
March 4, 1992
24
A vote on the resolution resulted as follows:
Ayes (7) - Romanowski, Blanchard, Berg, Efroymson, Daley,
Schroeder, Hoffman
Nays (3) - Booth, Johnson, Golder
Carried
* 16.10 Planning Department - Request Authorization for Bridge
Design
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, as a part of Capital Project #242, the Common Council
approved the construction of a pedestrian bridge across Six Mile
Creek connecting the Court House, Police Department and Terrace
Hill with the Woolworth Parking Lot and the rest of the Central
Business District, and
WHEREAS, it is desirable to insure the highest level of
coordination of design, bidding and construction supervision
between the new City Court, Police Department renovations and the
proposed pedestrian bridge, and
WHEREAS, that coordination will most effectively be achieved by
retaining the current project architects, Perkins, Eastman and
Partners, to prepare a circulation plan from the City Court across
Six Mile Creek and prepare a complete design for the bridge
including working drawings and bidding documents; now, therefore,
be it
RESOLVED, That the Mayor be authorized to execute an architectural
agreement with Perkins, Eastman and Partners up to an amount not
to exceed $7,500 for services related to the complete design and
preparation of bid documents and specifications for the pedestrian
bridge.
Carried Unanimously
* 16.11 Audit
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the bills presented, as listed on Audit Abstract
4/1992 in the total amount of $55,207.30 be approved for payment.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Human Services Coalition - Report
Alderperson Johnson reported that we are about to contract with
the Human Services Coalition for a 1992 work plan. He handed out
a chart showing some of the proposed items that we would like the
coalition to do for the City. He asked that if any Council
members have other suggestions to let him know. He also brought
Council up-to-date on the search for a Human Services Coalition
Director.
Red Cross Food Drive
Alderperson Blanchard reported that there will be a Red Cross food
drive this coming weekend (March 7 and 8) for the Red Cross
shelters.
"Pennies for the Homeless and Hungry of Tompkins County"
Alderperson Blanchard reported that there will a program called
"Pennies for the Homeless and Hungry of Tompkins County" being
launched this week and lasting through the month of March. She
stated that containers will be put out in public places to receive
money. She said that this money will be used to replenish a fund
which is managed by the Homeless Task Force.
March 4, 1992
25
INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 18.1 Designation of Lead Agency Status for Environmental Review
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, State Law and Section 36.6 of the City Code require that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
WHEREAS, the proposed disposition of the Strand Theater is a Type
I action that requires review under the City's Environmental
Quality Review Ordinance and may require review under the State
Environmental Quality Review Act and the National Environmental
Policy Act; now, therefore, be it
RESOLVED, That the Common Council declares its intent to designate
itself lead agency for the environmental review of the disposition
of the Strand Theater unless written objection is made by another
involved agency within thirty days of notification, in which case
the matter will be referred for decision to the Commissioner of
the Department of Environmental Conservation.
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
* 20.1 Gross Utility Tax
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, at its regularly scheduled meeting on October 2, 1991,
Common Council passed a resolution requesting Assemblyman Martin
Luster and Senator James Seward to develop and strongly support
appropriate legislation to amend Section 20-b of the General City
Law to include the City of Ithaca among the cities which have the
authority to levy a tax on the furnishing of utility services in
an amount that does not exceed three percentum of gross operating
income and authorizing the Mayor and the City Attorney to take all
appropriate steps to facilitate the adoption of such legislation;
and
WHEREAS, the City has been advised that the Assembly and the
Senate need a Home Rule Request based on a Council resolution
passed in 1992, the year in which the bill is being introduced;
now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to submit the
appropriate Home Rule Request to Assemblyman Martin Luster and
Senator James L. Seward.
Ayes (8) - Booth, Berg, Hoffman, Johnson, Golder, Efroymson,
Daley, Schroeder
Nays (2) - Romanowski, Blanchard
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 10:20 p.m.
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Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor