HomeMy WebLinkAboutMN-CC-1992-04-01 CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 1, 1992
PRESENT:
Mayor Nichols (arrived at 7:25 P.M.)
Alderpersons - Booth, Blanchard, Schroeder, Romanowski,
Efroymson, Hoffman, Berg, Johnson, Daley, Golder
In the absence of Mayor Nichols, Acting Mayor Hoffman opened the
meeting.
OTHERS PRESENT:
City Clerk - Paolangeli
City Controller - Cafferillo
City Attorney - Guttman
Director, Planning & Development - Van Cort
Deputy Director, Planning & Development - Sieverding
Police Chief - McEwen
Personnel Administrator - Saul
Building Commissioner - Eckstrom
Fire Chief - Olmstead
Superintendent of Public Works - Gray
City Chamberlain - Parsons
Youth Bureau Director - Cohen
Board of Public Works Commissioners - Reeves
Board of Representatives - Lerner
Community Development Director - Norton
Historic Preservation/Neighborhood Planner - Chatterton
PLEDGE OF ALLEGIANCE:
Alderperson Hoffman led all present in the Pledge of Allegiance to
the American flag.
APPROVAL OF MINUTES:
Approval of the Minutes of the March 4, 1992 Common Council
Meeting
By Alderperson Schroeder: Seconded by Alderperson Romanowski
RESOLVED, That the Minutes of the March 4, 1992 Common Council
Meeting be approved with the corrections as noted by Alderperson
Schroeder and the following change to the West State Street Zoning
Amending Resolution at the top of page 7, as requested by
Alderperson Hoffman:
Amending Resolution
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, and the
mitigation measures listed in the memo dated February 26, 1992
(which are 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
listed in the memo dated February 26, 1992 and attached to the
LEAF, and be it further...
The Minutes were approved with the corrections and changes as
noted.
ADDITIONS TO THE AGENDA:
Alderperson Schroeder requested that a public hearing for the
Community Development Block Grant application be held as it was
advertised, although not placed on the agenda.
No Alderperson objected.
April 1, 1992
2
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider 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
Resolution to Open Public Hearing
By Alderperson Berg: Seconded by Alderperson Efroymson
RESOLVED, That the Public Hearing to consider 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 declared open.
Carried Unanimously
Alderperson Schroeder gave a brief explanation of the zoning
changes.
The following people spoke at the Public Hearing:
Tracy Farrell, 429 West Buffalo Street, was in favor of the zoning
changes but asked Council to make every effort to 1) maintain the
residential side of Seneca and Green Street, 2) avoid widening the
commercial zone on the east side of Meadow Street, 3) re-evaluate
the situation and reinstitute a parking requirement if the
situation gets out of hand.
Susan Blumenthal, Coordinator of the Downtown Revitalization
Leadership Committee and former Chair of Downtown Visions Task
Force, asked Council to approve this zoning change.
Pat Frantz, 433 West Buffalo Street, spoke in favor of the
rezoning and asked Council to consider not only the affordability
but the liveability of the downtown area. She is concerned about
encroachment problems in this area.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Berg
RESOLVED, That the Public Hearing to consider 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 declared closed.
Carried Unanimously
Public Hearing to Consider the Community Development Block Grant
Application
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, that the Public Hearing to Consider the Community
Development Block Grant Application be declared open.
Carried Unanimously
Community Development Coordinator Trish Norton explained
components of the project.
Mr. Timothy T. Terpening read a prepared statement regarding the
1992 Community Development Block Grant Application and several
other concerns.
(Mayor Nichols arrived at the meeting at 7:25 P.M. and chaired the
remainder of the meeting.)
Betsy Darlington, Chair, Conservation Advisory Council expressed
strong reservations regarding the West End Housing Project
April 1, 1992
3
component.
Resolution to Close Public Hearing
By Alderperson Berg: Seconded by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider the Community
Development Block Grant Application be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Board of Zoning Appeals
Mayor Nichols requested Council approval for the appointment of
David Lyons, 309 Mitchell Street, to the Board of Zoning Appeals
with a term to expire December 31, 1993.
Resolution
By Alderperson Johnson: Seconded by Alderperson Booth
RESOLVED that this Council approves the appointment of David Lyons
to the Board of Zoning Appeals with a term to expire December 31,
1993.
Carried Unanimously
Conservation Advisory Council
Mayor Nichols requested Council approval for the appointment of
Peter McDonald of 1110 North Tioga Street to the Conservation
Advisory Council with a term to expire December 31, 1993.
Resolution
By Alderperson Johnson: Seconded by Alderperson Hoffman
RESOLVED that this Council approves the appointment of Peter
McDonald to the Conservation Advisory Council with a term to
expire December 31, 1993.
Carried Unanimously
Mr. McDonald took the Oath of Office and was sworn in by City
Clerk Paolangeli.
COMMUNICATIONS:
One-to-One Program
John Bailey, Coordinator of the Youth Bureau One-to-One program,
spoke to Council on the various aspects of the program. Mayor
Nichols has declared the week of April 27, 1992, One-to-One
Friendship Week.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Municipal Pool
The following individuals spoke in favor of the Municipal Pool
Project:
Jennie Meyer, 909 North Cayuga Street
Amanda McGuire and Jennifer McGuire
Suzanne Davis, President of GIAC Board of Directors
Sue Perlgut, Vice President, GIAC Board of Directors
Bill Seldin, Member of Board of GIAC Directors
Nina Fort, daughter of Marcia Fort, Director, GIAC
Michael Shear, Pool Supervisor at GIAC
Lynn Saulsbury, Landmark Square
Diane Sams, GIAC Board Member
Tony Poole, Director, Southside Community Center
Vincent Mulcahey, 3 Fountain Place
Barbara Wilcox, GIAC employee
Clayton Hamilton
Marie Brown, 109 Eastern Heights Drive
April 1, 1992
4
Redistricting
The following individuals spoke regarding the redistricting issue:
Pam Mackesey, 311 Pleasant Street
Raymond Schlather, Sunrise Road
Diane Sherman, President, South Hill Civic Association
Suzanne Davis, President, GIAC Board of Directors
Vincent Mulcahey, 3 Fountain Place
Helen Johnson, 417 Hook Place, speaking for the Executive Board of
the West Hill Civic Assoc.
Rosalind Grippe, 423 E. Seneca Street
Tony Poole, Director, Southside Community Center
Cascadilla Boathouse
Martha Preston, Chair of Ithaca Landmarks Preservation Committee
addressed Council in favor of the EQBA grant for restoration of
the boathouse.
Vincent Mulcahey, 3 Fountain Place, spoke in favor of restoration
of the boathouse.
Solid Waste Fees
Mark Finkelstein, 210 Lake Street, asked that the City examine
their solid waste fee structure and look for alternatives.
RESPONSE TO THE PUBLIC:
Alderperson Romanowski responded to the comments that were made
concerning redistricting.
Alderperson Booth responded to the comments made concerning solid
waste fees.
Alderperson Golder thanked those in attendance for coming to the
meeting.
REPORT OF THE BOARD OF REPRESENTATIVES:
Eric Lerner, 1st Ward Representative, reported to Council on the
following items:
Solid Waste Management Plan
The County Solid Waste staff and Solid Waste Advisory Committee
are continuing to work on the State-mandated County Solid Waste
Management Plan. The plan will be voted on within the next month,
then submitted to the DEC for State approval. There will be
public information meetings on April 6 and April 8, 1992.
DR7 Landfill
The EPA has now requested that the Army Corps of Engineers take
another look at the situation because of an appeal filed by the
Town of Dryden.
Redistricting
Alderperson Golder asked how the County is proceeding on this
matter and how this would effect the City's deadlines. Mr. Lerner
replied that the County would probably need a definite
recommendation from the City by May 1, 1992.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following items:
Street Repairs - Some minor repairs have been made to Seneca Way
and a portion of Green Street. The DoT has advised the City that
we are on their priority list for 1993.
Clean-up Week - Crews are continuing to pick up materials. Many
April 1, 1992
5
residents exceeded the 400-pound limit causing delays in the
schedule. Four additional trucks have been rented to speed up the
process. A further report on progress and costs is forthcoming.
Neighborhood Parking and Traffic Concerns - The Board of Public
Works will be looking at several intersections at their meeting on
April 8, 1992. Commissioner Reeves will make a presentation at
the Council's COW meeting on April 29, 1992.
North Cayuga Street Bridge - The Board urges Council to pass Item
18.9 on tonight's agenda.
Green Street Parking Ramp - Repairs are ongoing; improved signage
is in place for parking and traffic patterns.
Commons Repairs - A meeting held to discuss the repairs was well
attended by merchants, the contractor, and representatives from
the Engineering and Planning Departments.
Shuttle Bus to Farmers' Market - Plans are incomplete at this time
but a resolution is being prepared.
Alderperson Golder asked if improved handicapped accessibility was
included in the Commons improvement plans. He was referred to the
Superintendent of Public Works for information on this topic.
Rental Housing Commission
John Efroymson, Council Liaison, reported that the Commission has
referred the proposed Security Deposit Ordinance to the Charter &
Ordinance Committee for its discussion and comments.
CITY CONTROLLER'S REPORT:
Controller Dominick Cafferillo explained that he is looking into a
specific benefit assessment for solid waste.
CITY ATTORNEY'S REPORT:
City Attorney Charles Guttman reported that his office has filed
charges in City Court involving illegal occupancy and Fire Code
violations in several cases.
The City has been sued by Mr. Deschere regarding the replacement
of an old lead service for water to his house. A motion was
granted to dismiss this case on jurisdictional grounds.
An Article 78 proceeding was brought by Mr. and Mrs. Arnedoff
challenging the decision by the BZA which granted an area variance
to Ms. Ching Po for the property she owns at 303 Dryden Road.
That matter is scheduled for argument on April 17, 1992 in Supreme
Court.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.3 Request to Increase Authorization to Capital Project #217
Municipal Pool
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the bids for the Municipal Pool project near GIAC have
come in over budget for the second time, and
WHEREAS, the total project budget shortfall inclusive of all
alternates is $99,594.00; now, therefore, be it
RESOLVED, That Capital Project #217 for the construction of the
municipal pool and related improvements be hereby increased from
$520,000.00 to a maximum cost of $620,000.00, and, be it further
RESOLVED, That the additional amount necessary to complete said
April 1, 1992
6
project, inclusive of all project supervision and contingencies,
be derived from the issuance of $100,000.00 in serial bonds.
A lengthy discussion followed regarding the pros and cons of this
project.
A vote on the Resolution resulted as follows:
Ayes (8) - Daley, Berg, Efroymson, Schroeder, Hoffman,
Johnson, Golder, Booth
Nays (2) - Romanowski, Blanchard
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
* 15.1 1992 Community Development Block Grant
By Alderperson Schroeder: Seconded by Alderperson Blanchard
WHEREAS, Common Council recognizes the need to continue efforts
which enhance and preserve residential neighborhoods, promote
affordable housing, encourage job creation and retention, and
increase the level of public service in the City of Ithaca, and
WHEREAS, the program and budget for the proposed Community
Development Block Grant application have been reviewed by the
Community Advisory Committee, adopted by the Ithaca Urban Renewal
Agency/Community Development Agency and endorsed by the Planning
and Development Committee of Common Council; now, therefore, be it
RESOLVED, That Common Council approve the 1992 Community
Development Block Grant $600,000 budget and programs as
recommended by the IURA/CDA and the Planning and Development
Committee, including $300,000. to House Craft Builders for
fourteen affordable homes, $95,000. to Ithaca Neighborhood Housing
to expand their affordable rental program, $100,000. to Community
Home Health Care to create 20 new jobs, $25,000. to GIAC for a
Community Enterprise Training Program, and $80,000. for program
administration, and, be it further
RESOLVED, That the Mayor be and hereby is authorized and directed
to sign upon advice of the City Attorney and the Director of
Planning and Development any and all instruments necessary to
submit the City's 1992 Community Development application to the
United States Department of Housing and Urban Development.
Discussion followed on the Conservation Advisory Council's
objections to the House Craft Builder's component of this project.
A vote on the Resolution resulted as follows:
Ayes (9) - Daley, Berg, Blanchard, Romanowski, Efroymson,
Schroeder, Hoffman, Johnson, Golder
Nays (1) - Booth
Carried
Council recessed at 9:25 P.M. and reconvened at 9:40 P.M.
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 Redistricting Proposal
Alternative F-2
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLVED, That Common Council of the City of Ithaca hereby
endorses in principle the redistricting proposal commonly known as
"Alternative F-2" and directs the City Attorney and the Planning
Department to prepare an appropriate local law amending the
Charter of the City of Ithaca and present this proposed local law
for Council review and action.
Alderperson Romanowski stated he wished to move Alternative 7-2 as
April 1, 1992
7
a Substitute Resolution.
Carried
Substitute Resolution - Alternative 7-2
By Alderperson Romanowski: Seconded by Alderperson Blanchard
RESOLVED, That Common Council of the City of Ithaca hereby
endorses in principle the redistricting proposal commonly known as
"Alternative 7-2" and directs the City Attorney and the Planning
Department to prepare an appropriate local law amending the
Charter of the City of Ithaca and present this proposed local law
for Council review and action.
Discussion followed on the strengths and weaknesses of both
resolutions.
A vote on the Substitute Resolution (Alternative 7-2) resulted as
follows:
Ayes (3) - Hoffman, Romanowski, Blanchard
Nays (7) - Efroymson, Daley, Johnson, Booth, Schroeder,
Golder, Berg
Motion Fails
Discussion followed on Alternative Plan F-2.
Alderpersons Schroeder and Golder put forth a slight modification
to plan F-2 and extensive discussion followed on how this
modification would affect other wards. Several Alderpersons
expressed a desire for minor changes in ward boundaries. Mayor
Nichols suggested that Alderperson Schroeder withdraw his
suggested modification and the Council vote on Alternative Plan F-
2. The Mayor will write to the County Committee advising them
that Council has voted in principle for Plan F-2 but are still
debating very minor modifications which will not change the
population distribution.
Discussion followed on how the concerns of Alderpersons might be
addressed. It was suggested that all plans for modifications be
submitted to Doug Foster in the Planning Department by April 10,
1992.
A vote on the Alternative F-2 Resolution resulted as follows:
Ayes (6) - Efroymson, Johnson, Booth, Schroeder, Golder, Berg
Nays (4) - Daley, Romanowski, Blanchard, Hoffman
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
* 15.2 Ordinance Amending Chapter 30, Entitled "Zoning" to Change
the Zoning Designation of Certain Areas in the City of Ithaca and
to Establish Appropriate District Regulations
By Alderperson Schroeder: Seconded by Alderperson Romanowski
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 Amendment
and as a result modified the original proposal recommends its
adoption by the Common Council, and
April 1, 1992
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WHEREAS, the Common Council as lead agency for the environmental
review has made a conditioned negative declaration of
environmental impact, and
WHEREAS, the Common Council has heard and considered comments
regarding the proposed rezoning proposals at a public hearing;
now, therefore, be it
RESOLVED, That Chapter 30 of the City of Ithaca Municipal Code is
hereby amended as follows:
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
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
April 1, 1992
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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
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
April 1, 1992
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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
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
April 1, 1992
11
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.
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
April 1, 1992
12
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:
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
April 1, 1992
13
(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.
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).
April 1, 1992
14
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.
Column 16: Minimum building height: twenty-five (25) feet.
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).
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.
April 1, 1992
15
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: 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.
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:
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).
April 1, 1992
16
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. (Ordinance
published April 10, 1992)
Discussion followed on the Environmental Review process with
Alderperson Schroeder explaining the extensive review that was
done in this area.
Alderperson Blanchard offering the following Amending Resolution:
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the following Resolved clause be added after the
last Whereas clause:
RESOLVED, That because the projected level of development and its
anticipated impacts may vary from what actually occurs, Planning
Department staff is directed to annually monitor development
activity, assess its actual impact and recommend any necessary
remedial action. Planning staff will report the results of this
analysis to the Planning and Development Committee.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Blanchard, Romanowski, Efroymson, Johnson,
Schroeder, Golder, Hoffman, Berg
Nays (2) - Booth, Daley
Carried
* 15.3 Inlet Island Land Use Recommendation
Alderperson Schroeder reported that this matter will be referred
to the Planning Board for environmental review and for
consideration for inclusion in the City's comprehensive plan.
This matter will be discussed at the April Committee of the Whole
meeting.
April 1, 1992
17
* Joint Transit Facility Agreement Implementation
Alderperson Blanchard gave a brief report and distributed a
lengthy memorandum on this project. Opening day of the Public
Transportation Center is September 17, 1992.
HUMAN SERVICES COMMITTEE:
* 16.1 City's Commitment to Human Service Agencies
By Alderperson Johnson: Seconded by Alderperson Daley
WHEREAS, the City, families and individuals continue to experience
the effects of the current economic crisis, and
WHEREAS, this crisis continues to affect low-income families and
individuals more severely than others, and
WHEREAS, the human services agency portion of the City budget
attempts in part to help meet the needs of those families and
individuals, and
WHEREAS, not providing or reducing needed services in times of
crisis to those populations eventually costs more to the City and
to the larger society, with increased crime, drug abuse, need for
welfare and unemployment benefits, etc., and
WHEREAS, the benefits of human service programs cannot be measured
in dollars, alone, and
WHEREAS, Ithaca prides itself on being a fair and caring
community, and
WHEREAS, the physical infrastructure of the city does not
deteriorate more quickly during economic hard times, while
families and individuals do; now, therefore, be it
RESOLVED, That funding for human services agencies will be of the
highest priority in setting the 1993 City budget, such agencies
being those that have been recommended for City funding by the
Human Services Coalition as a result of a review conducted by the
Coalition on the City's behalf, and, be it further
RESOLVED, That in setting the 1993 City budget Common Council
shall recognize that funding for said human service agencies is
critical for assisting those in need, and, be it further
RESOLVED, That in setting the 1993 City budget Common Council
shall make every reasonable effort to provide a total amount of
funding for said human service agencies for both existing and any
new programs considered collectively, that is equal to the total
amount of funding committed to those purposes in the 1992 City
budget ($149,359). Council does not hereby make any statement
regarding potential City funding that may be available to any
particular human service agency.
Discussion followed on the floor with several Alderpersons making
comments.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Golder
RESOLVED, That the following changes be made to the resolution:
In the second line of the last Resolved clause, delete the words
"make every reasonable effort to."
In the fourth line of the last Resolved clause, delete the words
"that is equal to" and substitute "not less than."
April 1, 1992
18
A vote on the Amending Resolution resulted as follows:
Ayes (3) - Efroymson, Johnson, Golder
Nays (7) - Blanchard, Romanowski, Daley, Booth, Schroeder,
Hoffman, Berg
Motion Fails
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Booth
RESOLVED, that the following change be made to the resolution:
In the first "Resolved," the words "of the highest priority" be
deleted and substituted with the words "a high priority."
A vote on the Amending Resolution resulted as follows:
Ayes (5) - Blanchard, Romanowski, Daley, Booth, Hoffman
Nays (5) - Golder, Berg, Johnson, Efroymson, Schroeder
Mayor Nichols broke the tie by voting Nay.
Motion Fails
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Golder
RESOLVED, that the following change be made to the resolution:
In the last "Resolved," strike the words "equal to" and substitute
the words "not less than."
A vote on the Amending Resolution resulted as follows:
Ayes (3) - Johnson, Efroymson, Golder
Nays (7) - Blanchard, Romanowski, Booth, Schroeder, Hoffman,
Berg, Daley
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (8) Blanchard, Daley, Efroymson, Johnson, Booth, Golder,
Schroeder, Berg
Nays (2) Romanowski, Hoffman
Carried
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.1 Finance Dept./Chamberlain - Request to Correct Tax Roll
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, an investigation of errors in essential fact, pursuant to
Section 554(4A) of the Real Property Tax Law revealed the
following:
a.A Veterans exemption of $20,000 for 54 Woodcrest Avenue in the
name of Mollie Zall was omitted from the 1992 City Tax Roll;
b.The value of 334 Elmira Road in the name of Reuben Weiner, was
overstated by $33,299 on the 1991 and the 1992 City Tax Roll
due to an error in the listed size of the parcel; and
c.A 485B Exemption of $53,275 for 120-22 West State Street in the
name of John Novarr was omitted; now, therefore, be it
RESOLVED, That the 1991 City Tax roll be amended to reduce the
assessment of Tax Map number 118-1-1 by $33,299, and be it further
April 1, 1992
19
RESOLVED, That the 1992 City Tax roll be amended to reduce the
assessment of Tax Map number 118-1-1 by $33,299, Tax Map number
70-1-10 by $53,275, and Tax Map number 112-2-8 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, prepare new tax
bills for said properties, and refund overpayments as required.
Carried Unanimously
* 18.2 Finance Dept./Chamberlain - Request Extension of County Tax
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the
1992 taxes until May 29, 1992.
Carried Unanimously
* 18.4 Youth Bureau - Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Youth Bureau Director has recommended Youth Program
Coordinator Karen Anderson for an employee incentive award
pursuant to the terms of the CSEA Administrative Unit Contract,
and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this employee incentive award, and
WHEREAS, the Youth Bureau Director's recommendation complies with
procedures and guidelines outlined in the CSEA Administrative Unit
Contract; now, therefore, be it
RESOLVED, That Karen Anderson's salary be increased by four (4%)
percent to an annual salary of $16,087, effective March 1, 1992,
and, be it further
RESOLVED, That the funding for such increase shall be derived from
existing funds within the 1992 Youth Bureau budget.
A vote on the Resolution resulted as follows:
Ayes (5) - Romanowski, Booth, Schroeder, Hoffman, Berg
Nays (5) - Golder, Johnson, Efroymson, Blanchard, Daley
Mayor Nichols voted Aye breaking the tie
Carried
* 18.5 Request for Public Hearing on Science Center Project
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, by resolution adopted on July 11, 1990, the Common
Council of the City of Ithaca authorized the City Attorney to
negotiate and draft a proposed contract with the Science
Discovery Center of Tompkins County, Inc. for the transfer of an
approximately one acre parcel of land encompassing the westerly
one-half of tax parcel 25-2-1; and
WHEREAS, by resolution adopted on August 1, 1990, this Council
directed the City Clerk of the City of Ithaca to give public
notice of the proposed sale of the said premises pursuant to the
proposed purchase agreement; and
WHEREAS, by resolution adopted on September 5, 1990, this Council
determined that the property had an appraised value, if it was
zoned as B-4, of $159,000; and that considering that the property
April 1, 1992
20
is zoned as P-1, is intended to remain zoned as P-1 and, further
considering the deed restrictions which are to be applied to the
property, that the full value of the property with such deed and
zoning restrictions is $104,000; and
WHEREAS, by resolution adopted on September 5, 1990, this Council
further authorized the Mayor of the City of Ithaca to enter into a
purchase agreement with the Science Discovery Center of Tompkins
County, Inc. and
WHEREAS, on October 5, 1990 the City of Ithaca and the Science
Discovery Center of Tompkins County, Inc. entered into a purchase
agreement; and
WHEREAS, pursuant to the contract of October 5, 1990, on October
5, 1990 the Science Discovery Center of Tompkins County, Inc. paid
to the City of Ithaca a $25,000 deposit and took possession of the
premises; and
WHEREAS, the contract of October 5, 1990 provided for a closing on
or before December 31, 1991 at which time the City of Ithaca would
convey to the Science Discovery Center of Tompkins County Inc. the
subject premises and the Science Discovery Center of Tompkins
County, Inc. would pay to the City the remaining $79,000; and
WHEREAS, the Science Discovery Center of Tompkins County, Inc. has
requested a delay in the closing; and
WHEREAS, the Science Discovery Center of Tompkins County, Inc. is
now requesting that the terms regarding the transfer of the
property be modified to provide that instead of purchasing the
property at this time that the Science Discovery Center of
Tompkins County, Inc. enter into a long-term lease of the site
with an option to purchase the site; and
WHEREAS, the Science Discovery Center of Tompkins County, Inc. has
represented to the City that it is an organization exempt from tax
under Section 501(c)(3) of the Internal Revenue code; now,
therefore, be it
RESOLVED, That the City Clerk give public notice of the proposed
lease and option to buy of the approximately one acre parcel of
land being the westerly one-half of tax parcel number 25-2-1 as
set forth in the following notice:
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca
will, at its regular meeting to be held on May 6, 1992, at 7:00
p.m. in Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, consider a resolution authorizing the Mayor
to enter into a lease with an option to purchase for an
approximately one-acre parcel of land situate on tax parcel number
25-2-1 to the Science Discovery Center of Tompkins County, Inc.
The basic terms of the proposed lease with option to purchase are
as follows:
1. The $25,000 non-refundable deposit paid by the Science
Discovery Center of Tompkins County, Inc. to the City on October
5, 1990 shall continue to remain the property of the City of
Ithaca and the Science Discovery Center of Tompkins County, Inc.
waives and releases any claim for the return of those funds.
2. The City of Ithaca shall lease to the Science Discovery
Center of Tompkins County, Inc. that tract of parcel of land
April 1, 1992
21
situate in the City of Ithaca, County of Tompkins, and State of
New York known as the westerly one-half of the "old sewage
treatment plant site" being an approximately one-acre parcel of
land encompassing the westerly one-half of tax parcel 25-2-1. The
premises are more particularly shown on the survey map entitled
"Survey of the Pogo Parcel, prepared by T.G. Miller, Inc., dated
October 21, 1991." The premises shall be leased (and if
subsequently conveyed to the Science Discovery Center of Tompkins
County, Inc.) with an easement over the remaining portion of tax
parcel 25-2-1 for use as a walkway to the Sciencenter building and
together with an easement over the remaining portion of tax parcel
25-2-1 for the use of a portion of the remaining portion of tax
parcel 25-2-1 as a parking lot; and subject to an easement over
the subject premises, for the benefit of the remaining portion of
tax parcel 25-2-1 for access and egress to the parking lot to be
located on the remaining portion of tax parcel 25-2-1 and further
subject to an easement for the use by the remaining portion of tax
parcel 25-2-1 of the parking lot which is to be located on the
subject premises. The City of Ithaca shall not be obligated to
maintain or construct any parking lot or other parking spaces on
the remaining portion of tax parcel 25-2-1.
3. The lease shall commence as of January 1, 1992 and shall
run for a period of twenty (20) years.
4. The annual rent shall be the sum of $7,000 which shall
be paid in advance with quarterly installments of $1,750 on the
1st day of January, April, July and October of each year. The
payments due January 1, 1992 and April 1, 1992 shall be paid at
the time of the execution of this lease.
5. The lease shall provide that if by December 31, 1993 the
Science Discovery Center of Tompkins County, Inc. has not
constructed a Sciencenter on the subject premises and opened the
same to the public, the City of Ithaca shall have the right to
terminate the lease by paying to the Science Discovery Center of
Tompkins County, Inc. the sum of $25,000.
6. The lease shall provide that the premises shall be used
for the operation of a Sciencenter and related parking and for no
other use without the express written consent of the City of
Ithaca. The Science Discovery Center of Tompkins County, Inc.
shall not have the right to sell, convey, assign or sublet its
interest in the demised premises without the written consent of
the City of Ithaca.
7. The lease shall further provide that any buildings
constructed on the premises shall not exceed forty (40) feet in
height as such as term is currently defined in Section 30.3(B)(47)
of the City of Ithaca Municipal Code and that if at any time
during the term of the lease after the initial construction of the
Sciencenter, there shall be any significant exterior renovations
to
the buildings on the premises, the plans for such exterior
renovations shall be subject to the approval of the City of
Ithaca.
8. The lease shall also contain a provision granting to the
Sciencenter an option to purchase the subject premises which
option may be exercised by the Science Discovery Center of
Tompkins County, Inc. at any time during the twenty (20) year term
of this lease. The option price shall initially be the sum of
$79,000. The option price shall decrease with each quarterly
rental payment. The amount that the option price shall decrease
with each rental payment shall be equal to the amount that would
be applied to principal if the Science Discovery Center of
Tompkins County, Inc. was paying a $79,000 mortgage with 6.5%
April 1, 1992
22
interest, quarterly payments of $1,750.
9. In the event that the Science Discovery Center of
Tompkins County, Inc. exercises its option to purchase the subject
premises, the City of Ithaca shall convey the premises to the
Science Discovery Center of Tompkins County, Inc. by bargain and
sale deed and shall, at time of closing, provide to the Science
Discovery Center of Tompkins County, Inc. a copy of the
aforementioned existing survey of the premises and the abstract of
title. The deed shall contain the following provisions:
A. If, by December 31, 1993, the Science Discovery
Center of Tompkins County, Inc. has not constructed a Sciencenter
on the subject premises and opened the same to the public, the
City of Ithaca shall have the option of reacquiring the subject
premises for the price of $104,000.
B. If during a period of fifty (50) years from January
1, 1992, the Science Discovery Center of Tompkins County, Inc.
intends to sell the premises, the Science Discovery Center of
Tompkins County, Inc. shall first offer the subject premises to
the City of Ithaca for the then-appraised value of the property
including any improvements located thereon. The procedure for
this would be that the Science Discovery Center of Tompkins
County, Inc. would notify the City of Ithaca of its intention to
sell the property. The City of Ithaca would then have the right,
within a 45 day period after receiving such notification, to
notify the Science Discovery Center of Tompkins County, Inc. that
it wished to have the property appraised. The Science Discovery
Center of Tompkins County, Inc. and the City would then agree on
an appraiser to appraise the property. In the event the parties
were unable to agree on such an appraiser, that issue would be
resolved by arbitration. The cost of the appraisal would be split
equally between the Science Discovery Center of Tompkins County,
Inc. and the City of Ithaca. Within 45 days after the appraisal
was completed, the City of Ithaca would have the option of
purchasing the property for the then-appraised value. If the City
of Ithaca notifies the Science Discovery Center of Tompkins
County, Inc. that it wished to exercise such option, the parties
would immediately enter into an agreement for the City of Ithaca
to purchase the property at that price with the closing to take
place within three months after the signing of the contract.
If the City of Ithaca notifies the Science Discovery
Center of Tompkins County, Inc. that it wished to have such an
appraisal done but did not exercise its option to purchase the
property for the then-appraised value and the Science Discovery
Center of Tompkins County, Inc. thereafter received a bonafide
offer to purchase the property which the Science Discovery Center
of Tompkins County, Inc. intended to accept, the City would have
the right of first refusal to acquire the property under the terms
of that offer. The City would have 45 days after receipt by the
City of a copy of said bonafide offer and notice that the Science
Discovery Center of Tompkins County, Inc. intended to accept said
offer to exercise its right of first refusal. If the Science
Discovery Center of Tompkins County, Inc. advised the City that it
intended to sell the property and the City chose not to have the
property appraised (with the City being responsible for one-half
the cost of the appraisal) then the City's right of first refusal
would automatically be deemed waived.
C. If, during a period of fifty (50) years from
January 1, 1992, the Science Discovery Center of Tompkins County,
Inc. sold the premises and did not immediately open a new
comparable Sciencenter at some other location within the City of
Ithaca, the City of Ithaca would have the option of purchasing the
subject premises at the then-appraised value of the land alone,
April 1, 1992
23
excluding any improvements which would have been placed on the
premises. The value of the land would be determined by an
appraisal as above provided. In determining whether a new
Sciencenter was a comparable Sciencenter the following factors
would be considered:
1) the comparative sizes of the Sciencenter on
the subject premises and the new Sciencenter;
2) the comparative scope of activity of the
Sciencenter on the subject premises and the new Sciencenter;
3) the activities actually undertaken by the
Sciencenter on the subject premises and the new Sciencenter;
4) the value of the improvements of the subject
premises and the value of the improvements to be used for the
new Sciencenter; and
5) whether the new Sciencenter was the primary
location of the Sciencenter as opposed to a satellite Sciencenter.
D. Any buildings constructed on the subject premises
shall not exceed forty (40) feet in height as such terms are
currently defined in Section 30.3(B)(47) of the City of Ithaca
Municipal Code.
E. If during a period of fifty (50) years from January
1, 1992, at any time after the construction of the Sciencenter,
there should be any significant exterior renovations to the
buildings on the premises, the plans for such exterior renovations
shall be subject to the approval of the City of Ithaca.
10. During the term of the lease, the Science Discovery
Center of Tompkins County, Inc. shall at all times maintain one
million dollars ($1,000,000.00) of liability insurance naming the
City of Ithaca as an additional insured. The lease shall further
provide that the Science and Discovery Center of Tompkins County,
Inc. shall indemnify and hold the City of Ithaca harmless from any
liability arising out of the Science and Discovery Center of
Tompkins County, Inc.'s use and occupation of the premises.
Alderperson Booth explained that this Resolution will change the
nature of the agreement with the Sciencenter from a purchase to a
20 year lease in which the Sciencenter would pay a 6 1/2 %
interest rate.
Alderperson Hoffman stated that he would prefer that the City sell
this land because he does not want the City to be a custodian of a
special use building if the Sciencenter does not succeed. He
further stated that if the City was to pursue the long term
payment scheme, he would prefer that the length of the agreement
be decreased from 20 years to 10 years.
A vote on the Resolution resulted as follows:
Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Booth, Schroeder, Golder, Berg
Nays (1) - Hoffman
Carried
*18.6 City Attorney - Request for Settlement Fees on Properties
By Alderperson Booth: Seconded Alderperson Johnson
RESOLVED, That the existing owners be permitted to redeem the
April 1, 1992
24
properties at 426-432 North Aurora Street and 107 Fayette Street,
up to the date of auction, for the total lien amount outstanding,
plus additional interest penalty and related costs computed
through the date of redemption.
City Attorney Guttman stated, for the record, that the City does
have figures, as of today, for both of the properties. The
original lien for 107 Fayette Street was $1,300. After the 45%
calculated interest, redemption advertising, sub-search, and City
staff administrative fees, the lien is now $2,347.00. The
original lien for the Aurora Street property was $7,545.00. After
the 45% calculated interest, redemption advertising, sub-search,
and City staff administrative fees, the lien is now over $11,000.
A vote on the Resolution resulted as follows:
Carried Unanimously
*18.7 Fire Department - Request to Amend Equipment List
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the 1992 authorized equipment list for the
Fire Department be amended to include the following:
A. Two (2) combustible/hazardous Vapor Detectors
with software and accessories for an amount
not to exceed $3,626.
B. Two (2) Communication Interface Modules for
Motorola Portable Radios, for an amount not
to exceed $1,230.
and, be it further
RESOLVED, That $4,856. be transferred from account A3410-460,
Program Supplies to account A3410-225, Other Equipment to fund the
acquisition of said equipment within the 1992 Fire Department
Budget.
Carried Unanimously
*18.8 Planning Dept. - Request Authorization to Apply for
Environmental Quality Bond Act Funds
Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That H. Matthys Van Cort, as Director of Planning and
Development, is authorized and directed to file an application on
forms prescribed by the New York State Office of Parks, Recreation
and Historic Preservation for financial assistance in accordance
with the provision on Title 9 of the Environmental Quality Bond
Act of 1986, in an amount not to exceed $49,560., and upon
approval of said request to enter into and execute a project
agreement with the State for such financial assistance to this
Municipality for the
Cascadilla Boathouse project (and a covenant to the deed of the
assisted property for a term of not more than 23 years), and, be
it further
RESOLVED, That the required City matching share of $49,560. shall
be transferred to a capital project for this purpose, contingent
upon final approval and receipt of said grant funds, and, be it
further
RESOLVED, That the City share of $49,560. shall be derived from
the issuance of serial bonds, and be it further
RESOLVED, That a capital project be established for an amount not
to exceed $100,000., subject to the conditions disclosed herein.
April 1, 1992
25
Extensive discussion followed on the floor regarding the merits of
the project and funding.
Ayes (7) Daley, Johnson, Booth, Romanowski,
Schroeder, Hoffman, Berg
Nays (2) Blanchard, Golder
Abstention (1) Efroymson
Carried
April 1, 1992
26
Motion to Extend Meeting Until 11:45 P.M.
By Alderperson Romanowski: Seconded by Alderperson Blanchard
RESOLVED, that Council extend the time of adjournment of this
meeting until 11:45 P.M.
Carried Unanimously
* 18.9 DPW - Request for Ithaca Transit Operating Assistance Funds
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the City of Ithaca has submitted a request for a grant of
funds to the New York State Department of Transportation and the
United States Department of Transportation, pursuant to Section 18
of the Urban Mass Transportation Act of 1964 as amended, for a
project to provide operating assistance funds for transportation
services within the City of Ithaca and partly in two adjoining
municipalities, provided by the City of Ithaca Transit system for
fixed route, scheduled, open and available to the general public
during the period January 1, 1992 to December 31, 1992 (PIN
3791.33.406); now, therefore, be it
RESOLVED, that Benjamin Nichols be authorized to sign the
Agreement between the City of Ithaca and the State of New York for
the above-named Project, and be it further
RESOLVED, that Benjamin Nichols is authorized to act on behalf of
the City of Ithaca to progress and complete the above-named
project.
Carried Unanimously
* 18.10 DPW - Request to Establish Capital Project
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Board of Public Works has recommended that the Golf
Course Maintenance Building be reconstructed at a cost of $30,000;
now, therefore, be it
April 1, 1992
27
RESOLVED that Capital Project #259 be established for the
reconstruction of the Golf Course Maintenance Building in an
amount not to exceed $30,000., which will be paid for through fees
derived from Golf Course activities, and, be it further
RESOLVED that the funds required to finance this project shall be
derived from the issuance of Bond Anticipation Notes.
Ayes (9) - Romanowski, Efroymson, Daley, Johnson, Booth,
Schroeder, Golder, Hoffman, Berg
Nays (1) - Blanchard
Carried
* 18.11 Finance/Personnel - Request to Adopt Layoff Agreement
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the Mayor be authorized to sign a Memorandum of
Understanding between the City and the DPW Unit of Tompkins County
Local 855, CSEA, which agreement sets forth an established lay-off
procedure.
A vote on the Resolution resulted as follows:
Ayes (9) - Romanowski, Efroymson, Daley, Johnson, Booth,
Schroeder, Golder, Hoffman, Berg
Nays (1) - Blanchard
Carried
* 18.12 DPW - Request to Hire Engineering Aide for Commons
Reconstruction Inspection
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Board of Public Works has recommended that because of
the current workload of the Engineering Department that an
Engineering Aide be hired to perform construction inspection of
the Ithaca Commons Reconstruction Project; now, therefore, be it
RESOLVED, That Jeffrey Caster be hired as a seasonal full-time
Engineering Aide at a cost not to exceed $6,000 for the purposes
of construction inspection of the Ithaca Commons Reconstruction
Project, and be it further
RESOLVED, That said funds will be derived from the existing funds
available in Capital Project #243 Ithaca Commons Improvements.
Carried Unanimously
* 18.13 DPW - Request to Amend Water Treatment Plant Engineering
Agreement
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Board of Public Works is committed to completing
interim improvements at the Water Treatment Plant, and
WHEREAS, the City would like to complete design and proceed with
engineering and construction phases, and
WHEREAS, staff has recommended the approval of several additional
design tasks covering instrumentation, process piping and related
system improvements as well as construction phase services; now,
therefore, be it
RESOLVED, That the Mayor and Superintendent of Public Works be
authorized to amend the existing contract with Malcolm Pirnie for
design services in a total contract amount not to exceed $80,000,
and be it further
RESOLVED, That the additional funding will be derived from
existing funds in Capital Project #502 Water Supply Improvements.
Carried Unanimously
April 1, 1992
28
* 18.14 DPW - Request to Amend Green Street Parking Ramp
Engineering Agreement
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the City is committed to repairing the Green Street
Parking Garage in a timely manner, and
WHEREAS, demands upon the City Engineering staff preclude contract
administration and inspection, and
WHEREAS, Novelli & Co. has provided design services for the Green
Street Parking Ramp renovations; now, therefore, be it
RESOLVED, That the agreement with Novelli & Co. for engineering
services be amended to include contract administration and
inspection as enumerated in the Amendment to Agreement dated
January 30, 1992 for an additional amount not to exceed $65,000,
and be it further
RESOLVED, That the additional funding will be derived from
existing funds in Capital Project #224 Green Street Ramp
Renovations.
Carried Unanimously
* 18.15 DPW - Request to Establish Capital Project and Authorize
Consulting Service Agreement
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS the numerous improvements that are required to be made to
City Dams, and
WHEREAS the Board of Public Works is recommending that a
consultant be hired to complete the Phase II Inspection Report on
the City Dams and follow up engineering as needed; now, therefore,
be it
RESOLVED, That Capital Project #504 be established for the
purposes of Dam Improvements in the amount of $86,000, and be it
further
RESOLVED, That the Mayor and Superintendent of Public Works be
authorized to sign the Consulting Service Agreement with Stearns
and Wheeler in an amount not to exceed $86,000, and be it further
RESOLVED, That $86,000 be transferred from Capital Project #502
Water Supply Improvements to Capital Project #504 Dam Improvement
for said purposes.
Carried Unanimously
* 18.16 DPW - Request to Transfer Funds for Rabies Program
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Department of Public Works has developed a program to
dispose of suspected rabid raccoons and other rabid animals found
dead in the City, and
WHEREAS, a number of DPW staff members will need to be properly
inoculated against rabies to implement this program; now,
therefore, be it
RESOLVED, That $1,800 be transferred from Unrestricted Contingency
to DPW account A5010-430 Fees for the purposes of said
inoculation.
Carried Unanimously
* 18.17 Bond Resolution - Various Capital Projects
By Alderperson Booth: Seconded by Alderperson Johnson
April 1, 1992
29
BOND RESOLUTION DATED APRIL 1, 1992.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $196,000 SERIAL BONDS OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE
COSTS OF VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR
SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital
projects hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital projects; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific objects or purposes of paying
the cost of the capital improvements and projects specified in
Section 2 hereof, there are hereby authorized to be issued
$196,000 serial bonds of the City of Ithaca, Tompkins County, New
York, pursuant to the provisions of the Local Finance Law.
Section 2. The capital improvements and projects in and for
the City of Ithaca, Tompkins County, New York, for which such
bonds shall be issued and the maximum estimated cost of each such
capital improvements and projects are as follows:
a) The acquisition of a recycling vehicle for construction and
maintenance purposes for the Department of Public Works, a
specific object or purpose, at a maximum estimated cost of
$55,000;
b) The reconstruction of a bus for the Department of Public Works,
a specific object or purpose, at a maximum estimated cost of
$25,000;
c) The construction of a golf course maintenance facility,
including original furnishings, machinery, equipment, and
apparatus to be used for the purpose for which such facility
is to be used and other incidental improvements and expenses
in connection therewith, a specific object or purpose, at a
maximum estimated cost of $30,000; and
d) The reconstruction of portions of the water shed dam, a
specific object or purpose, at a maximum estimated cost of
$86,000.
Section 3. The plan for the financing of each of the
specific objects or purposes set forth in Section 2 hereof shall
consist of the issuance of the serial bonds of said City
authorized to be issued pursuant to this bond resolution, which
serial bonds shall be allocated to each specific object or purpose
in accordance with the maximum estimated cost of each such
specific object or purpose.
Section 4. It is hereby determined that the period of
probable usefulness of the aforesaid acquisition of a recycling
vehicle is fifteen years, pursuant to subdivision 28 of paragraph
a of Section 11.00 of the Local Finance law, the period of
probable usefulness of the aforesaid reconstruction of a bus is
five years, pursuant to subdivision 35 of paragraph a of Section
11.00 of the Local Finance Law, the period of probable usefulness
of the aforesaid construction of a golf course maintenance
facility is thirty years, pursuant to subdivision 11(a)(1) of
April 1, 1992
30
paragraph a of Section 11.00 of the Local Finance Law, and that
the period of probable usefulness of the aforesaid reconstruction
of portions of the water shed dam is thirty years, pursuant to
subdivision 22 of paragraph a of Section 11.00 of the Local
Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the
taxable real property of said City, a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
Section 6. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer. Such notes shall be of such terms, form, and contents,
and shall be sold in such manner, as may be prescribed by said
City Controller, consistent with the provisions of the Local
Finance Law.
Section 7. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed
in the name of the City of Ithaca, Tompkins County, New York, by
the manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted and attested by
the manual or facsimile signature of the City Clerk.
Section 8. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 9. All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of its
City Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date,
denominations, maturities, and interest payment dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not
to impose and collect from registered owners of such serial bonds
any charges for mailing, shipping, and insuring bonds transferred
or exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds
shall contain substantially the recital of validity clause
provided for in Section 52.00 of the Local Finance Law and shall
April 1, 1992
31
otherwise be in such form and contain such recitals in addition to
those required by Section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 10. The validity of such bonds and bond anticipation
notes may be contested only if:
1)Such obligations are authorized for an object or purpose for
which said City is not authorized to expend money, or
2)The provisions of law which should be complied with at the
date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3)Such obligations are authorized in violation of the
provisions of the Constitution.
Section 11. This resolution, which takes effect immediately,
shall be published in full in The Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
A Roll Call on the foregoing resolution resulted as follows:
Golder - Aye Romanowski - Aye
Booth - Aye Johnson - Aye
Hoffman - Aye Schroeder - Aye
Efroymson - Aye Blanchard - Aye
Berg - Aye Daley - Aye
Ayes (10)
Carried Unanimously
Bond Resolution - Municipal Pool
By Alderperson Booth: Seconded by Alderperson Johnson
BOND RESOLUTION DATED APRIL 1, 1992.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $100,000
SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW
YORK, TO PAY ADDITIONAL COSTS OF THE CONSTRUCTION OF A
SWIMMING POOL AT THE CITY'S GREATER ITHACA ACTIVITIES CENTER
IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, by bond resolution dated February 5, 1992, the Common
Council of the City of Ithaca, Tompkins County, New York,
authorized, among other capital projects, the issuance of $494,000
serial bonds and the appropriation and expenditure of $26,000
current funds of said City to pay the cost of the construction of
a swimming pool at the City's Greater Ithaca Activities Center
(Project No. 217) in and for said City; and
WHEREAS, it has now been determined that in order to complete such
project an additional $100,000 over that previously authorized
will be required; and
WHEREAS, it is now desired to authorize the issuance of an
April 1, 1992
32
additional $100,000 serial bonds to pay such additional cost; now,
therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
additional costs of the construction of a swimming pool at the
City's Greater Ithaca Activities Center, there are hereby
authorized to be issued an additional $100,000 serial bonds of
said City pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$620,000, and that the plan for the financing thereof is as
follows:
a)By the issuance of the $494,000 serial bonds of said City
authorized to be issued therefor pursuant to bond
resolution dated February 5, 1992; and
b)By the expenditure of $26,000 current funds authorized to
be expended therefor pursuant to bond resolution dated
February 5, 1992; and
c)By the issuance of the $100,000 serial bonds of said City
authorized to be issued pursuant to this bond
resolution.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is
twenty years, pursuant to subdivision 61 of paragraph a of Section
11.00 of the Local Finance law, computed from February 13, 1992,
the date of issuance of the first bond anticipation note issued
for this project.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance
Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the
taxable real property of said City, a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
Section 6. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed
in the name of the City of Ithaca, Tompkins County, New York, by
the manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted and attested by
the manual or facsimile signature of the City Clerk.
Section 7. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
April 1, 1992
33
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of its
City Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date,
denominations, maturities, and interest payments dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not
to impose and collect from registered owners of such serial bonds
any charges for mailing, shipping, and insuring bonds transferred
or exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds
shall contain substantially the recital of validity clause
provided for in Section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals in addition to
those required by Section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 9. The validity of such additional bonds and bond
anticipation notes may be contested only if:
1)Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or
2)The provisions of law which should be complied with at the
date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3)Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution, which takes effect immediately,
shall be published in full in The Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
A Roll Call on the foregoing resolution resulted as follows:
Golder - Aye Romanowski - Nay
Booth - Aye Johnson - Aye
Hoffman - Aye Schroeder - Aye
Efroymson - Aye Blanchard - Nay
Berg - Aye Daley - Aye
April 1, 1992
34
Ayes (8), Nays (2)
Carried
Bond Resolution - North Cayuga Street Bridge Reconstruction
By Alderperson Booth: Seconded by Alderperson Johnson
BOND RESOLUTION DATED APRIL 1, 1992.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $50,000 SERIAL BONDS OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF
THE COST OF THE RECONSTRUCTION OF THE NORTH CAYUGA STREET
BRIDGE OVER CASCADILLA CREEK IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying part
of the cost of the reconstruction of the North Cayuga Street
Bridge over Cascadilla Creek in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be
issued $50,000 serial bonds of the City of Ithaca, Tompkins
County, New York, pursuant to the provisions of the Local Finance
Law.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$575,000 and that the plan for the financing thereof is as
follows:
a)By the issuance of the $50,000 serial bonds of said City
authorized to be issued pursuant to the provisions of
this resolution; and
b)By the expenditure of $420,000 monies to be received by
said City from the State of New York as aid for such
reconstruction project, which monies are hereby
appropriated therefor; and
c)By the expenditure of $105,000 monies to be received by
said City pursuant to the Consolidated Local Street and
Highway Improvement Program, which monies are hereby
appropriated therefor.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is
twenty years, pursuant to subdivision 10 of paragraph a of Section
11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer. Such notes shall be of such terms, form, and contents,
and shall be sold in such manner as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance
Law.
April 1, 1992
35
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed
in the name of the City of Ithaca, Tompkins County, New York, by
the manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted and attested by
the manual or facsimile signature of the City Clerk.
Section 7. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of its
City Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date,
denominations, maturities, and interest payment dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not
to impose and collect from registered owners of such serial bonds
any charges for mailing, shipping, and insuring bonds transferred
or exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds
shall contain substantially the recital of validity clause
provided for in Section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals in addition to
those required by Section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 9. The validity of such bonds and bond anticipation
notes may be contested only if:
1)Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or
2)The provisions of law which should be complied with at the
date of publication of this resolution are not
substantially complied with,
and an action, suit, or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
April 1, 1992
36
3)Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution, which takes effect immediately,
shall be published in full in The Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
A Roll Call on the foregoing resolution resulted as follows:
Golder - Aye Romanowski - Aye
Booth - Aye Johnson - Aye
Hoffman - Aye Schroeder - Aye
Efroymson - Aye Blanchard - Aye
Berg - Aye Daley - Aye
Ayes (10)
Carried Unanimously
* 18.18 Audit
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, that the bills presented, as listed on Audit Abstract
6/1992 in the total amount of $42,949.81 be approved for payment.
Carried Unanimously
* 18.20 Youth Recreation Services
Alderperson Booth reported that the matter of charging higher fees
for non-City residents at Cass Park Pool and at the rink is being
discussed. A further report is forthcoming.
NEW BUSINESS
* 22.1 Free Bus Service for City Employees
By Alderperson Berg: Seconded by Alderperson Golder
WHEREAS the Board of Public Works has recommended that City
employees be allowed to ride Ithaca Transit buses without charge;
now, therefore, be it
RESOLVED, that the City of Ithaca permit any employee displaying a
current City identification card to ride Ithaca Transit buses
without charges on an experimental basis for a period of one year
beginning April 1, 1992, subject to written agreement by Unions
that this privilege will not be considered as past practice.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:50 p.m.
_________________________ __________________________
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor