HomeMy WebLinkAboutMN-CC-1992-06-03 June 3, 1992
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. June 3, 1992
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley,
Johnson, Booth, Schroeder, Golder, Hoffman, Berg
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Director of Planning and Development - Van Cort
Deputy Director of Planning and Development - Sieverding
Police Chief - McEwen
Personnel Administrator - Saul
Building Commissioner - Eckstrom
Fire Chief - Olmstead
Superintendent of Public Works - Gray
Youth Bureau Director - Cohen
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the May 3, 1992 Common Council Meeting
By Alderperson Johnson: Seconded by Alderperson Daley
RESOLVED, that the Minutes of the May 3, 1992 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO THE AGENDA:
New Business
Alderperson Romanowski requested that a proposed Resolution from a
group of citizens regarding the proposed street hierarchy plan be
added to the agenda so that it may be referred to the Planning and
Development Committee.
Alderperson Hoffman requested that the matter of lead agency
status for Inlet Island be placed on the agenda under New
Business.
No Alderperson objected.
Budget and Administration Committee
Alderperson Booth requested the addition of an agenda item (16.13)
regarding a contract with Cornell for additional bus service for
the Park and Ride program during the summer construction season.
No Alderperson objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing on Local Law # Amending Section 1.3 Entitled
"Ward Boundaries" to Establish a Plan of Apportionment as Required
by Section 10(1)(a)(13)(d) of the Municipal Home Rule Law
Resolution to Open Public Hearing
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the Public Hearing to consider Local Law # be
declared open.
Carried Unanimously
June 3, 1992
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Harold Cohen, 108 Ferris Place, commented on the Redistricting
plan and stated that he prefers his home be included in Ward 1
rather than Ward 4
Resolution to Close Public Hearing
By Alderperson Berg: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider Local Law # be
declared closed.
Carried Unanimously
RESPONSE TO THE PUBLIC:
Alderperson Schroeder responded to Mr. Cohen's comments regarding
the ward boundaries. He explained that one of the reasons Ferris
Place is included in Ward 4 was to keep the number of permanent
residents in the ward at a reasonable level.
MAYOR'S APPOINTMENTS:
Downtown Ithaca, Inc.
Mayor Nichols announced that Alderperson Joseph Daley has been
appointed as official Council liaison to Downtown Ithaca, Inc.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following persons spoke to Council voicing their concerns
regarding a proposed plan being considered by the Board of Public
Works which would control the flow of vehicular traffic throughout
the City.
Neil Schwartzbach, 107 Park Place
Stephanie Vaughn, 113 Park Place
Iyana Conway, Co-President, Beverly J. Martin School
Patt Frantz, 433 W. Buffalo Street
Ed Wright, Principal, Beverly J. Martin School
Wolf Dennis, 413 W. Court Street
Barbara Anger, 109 Park Place
Mike Belzer, 219 S. Albany Street
Mary Ann Burgess-Puhalka, 505 S. Albany Street
Carol Chernekoff, 418 W. Court Street
Mary Shelley, 109 Park Place
Dorothy Reddington, 421 W. Court Street
Cathy Emilian, 218 S. Albany Street
Tracy Farrell, 429 W. Buffalo Street
Nellie Furman, 423 W. Buffalo Street
Adria Moskowitz, 224½ Pleasant Street, asked that Council take
into consideration the needs of the handicapped when considering a
change in traffic patterns.
Richard Driscoll, Director, Community Arts Partnership, spoke in
support of agenda Item 15.3, establishment of an Advisory
Committee on Art and Design for Public Space.
Mark Finkelstein, 210 Lake Street, commented on the new City Court
facility and increased costs for that project, and asked that
Council keep in mind the sometimes burdensome regulations imposed
by all levels of government.
RESPONSE TO THE PUBLIC:
Mayor Nichols and several alderpersons responded to the public's
comments regarding proposed traffic patterns and other concerns
raised by the public.
REPORT OF BOARD OF REPRESENTATIVES:
Representative Eric Lerner spoke to Council on the following
matters:
June 3, 1992
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Reapportionment Plan - The Board's public hearing on the County-
wide voting district reapportionment plan will be held in
September, 1992.
Solid Waste - Work on the DR7 landfill is postponed for three
months while the County explores non-landfilling alternatives.
There have been problems with some of the private haulers charging
their customers for disposal at the landfill and the haulers not
paying bills due the County. This has resulted in the County's
reluctance to enter into a contract with a company owing money and
the County having no one picking up garbage from County buildings
at this time.
The Finance Subcommittee of the Solid Waste Advisory Committee is
trying to develop a new, improved, long-term financing plan for
the solid waste system. They are looking very seriously at some
version of a solid waste benefit district.
Alderperson Daley requested that the County reconsider the
location of the Central Processing Facility. Discussion followed
regarding the location of the landfill as well as the Central
Processing Facility.
REPORT OF CITY BOARDS, COMMITTEES, AND COMMISSIONS:
Board of Public Works Commissioner Reeves reported to Council on
the following issues:
Fill, Excavation and Stockpiling, Agenda Item 15.2 - A request to
delay action on this agenda item was made as the Board of Public
Works has not been made aware of this proposed ordinance.
Acceptance of Open Space Dedication West Inlet Cluster
Subdivision, Agenda Item 17.2 - The Board of Public Works has
recommended that the land which is not incorporated into a
coherent right-of-way be included with the parcels offered for
sale and that the City decline the offer of those parcels, except
for lots 27b and 28.
Traffic Requests
The Board denied a request for an all-way stop sign at the
intersection of Center and South Plain Streets. The Board did
take the recommendation of the City Traffic Engineer to install
missing signs to improve sight distance at the intersection and to
install stop signs on Center Street rather than South Plain
Street.
Residents of Bryant Avenue and Fairmount Avenue have requested the
Board to look into the parking situation in their area. The
matter will be brought to a vote at the next meeting.
A meeting of residents of Spencer Road is scheduled for June 15,
after which the Board will discuss further suggestions for solving
traffic problems on that road. The Board will also take into
consideration some of the traffic problems regarding Albany Street
and Titus Avenue.
Summer Parking Program - The Park & Ride and the car pooling
program were approved by the Board at their meeting last week.
State Street Bricks - The Board approved two contracts for the
sale of old State Street bricks.
Water Service Agreement - On May 27, 1992, the Board approved a
water service agreement with the Town of Ithaca which will go into
effect thirty-five (35) days from the date of passage to allow
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Council an opportunity to review and approve the agreement. This
will be on the July 1 Common Council agenda.
Ithaca Transit - Ithaca Transit shared top honors with eight (8)
other U.S. and Canadian transit systems at the American Public
Transit Association's presentation of the 1992 Bus Safety Awards.
Postering - Commissioner Reeves asked Council for guidance as to
how the Board should proceed with regard to this issue. The
Planning and Development Committee will look into this matter.
COMMUNICATIONS FROM THE MAYOR:
Park & Ride Operation - Mayor Nichols reported that there will be
a Park & Ride program in effect this summer. Various businesses
around the area have donated parking spaces at their facilities to
be used in this effort to cut down on the number of cars coming
into the downtown area during the reconstruction of the Green
Street parking ramp.
Walk & Ride - Mayor Nichols reported on the "Summer in the City"
project which involves City employees signing up in teams as part
of the Healthy Heart Program.
Historical Markers - Mayor Nichols announced the receipt by the
City of an anonymous contribution in the amount of $4,500 to be
used for historical markers on the Commons.
BT Glass - The environmental review has been received from Gaynor,
Assoc. of Cortland, New York. The report indicates that there are
no problems at this site and work can continue on this project.
Negotiations will now move forward with the Drop-In Center.
Ithaca Festival - Mayor Nichols urged everyone to support and
enjoy the Ithaca Festival.
CITY ATTORNEY'S REPORT:
City Attorney Guttman reported on the status of several cases
prosecuted by his office in City Court.
City Attorney Guttman reported that his office, along with the
Building Department and the Fire Department, will continue to
pursue enforcement of violations of Building and Fire regulations.
The prime focus for the next few months will be on fraternities
based on the opinions of the Building Commissioner and the Fire
Department that this is a prime safety issue.
107 Fayette Street property - Real estate taxes on this property
had not been paid and the period during which to redeem the taxes
had expired. The City recorded the tax deeds transferring the
property from Linda Davis to the City of Ithaca. A few months
ago, Council approved selling this property back to Ms. Davis for
the outstanding taxes together with accrued interest and
administrative expenses. This transfer has occurred, and the City
received a check in the amount of $8,669.44.
Alderperson Blanchard inquired about the problem of abandoned
shopping carts, especially in the first and second wards, and what
might be done to correct this problem. The City Attorney's Office
will look into this situation.
CHARTER & ORDINANCE COMMITTEE:
* 15.1 Local Law # of 1992 - Amending Section 1.3 Entitled "Ward
Boundaries"
By Alderperson Hoffman: Seconded by Alderperson Berg
A Local Law Amending Section 1.3 Entitled "Ward Boundaries"
June 3, 1992
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of the City of Ithaca Charter
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
SECTION 1. Amending Section 1.3 of the City of Ithaca Charter.
Section 1.3 of the City of Ithaca Charter is hereby deleted
in its entirety and replaced with the following:
"Section 1.3 Ward Boundaries. The City shall be divided into
five (5) wards respectfully bounded and described as follows:
A. Ward I: Beginning at a monument marking the former
southwest corner of the corporate limits of the City of Ithaca,
also known as the southwest corner of "DeWitt location"; running
thence due east along the south line of the corporate limits for a
distance of one thousand seven hundred and seventy five feet, more
or less (1,775), to the center line of the former right-of-way of
the Delaware Lackawanna and Western Railroad Company, now or
formerly known as the Lehigh Valley Railroad Company (66 feet in
width), with said right-of-way runs parallel with and immediately
adjoins an easterly right-of-way line of the now or formerly main
line of the Lehigh Valley Railroad Company; running thence
southwesterly along the aforesaid center line of the right-of-way
to an intersection where the former center line of the Cayuga
Inlet as it existed prior to the construction of the flood relief
channel in 1968; running thence easterly and southerly along the
former center line and continuing southerly and westerly along the
existing center line of the Cayuga Inlet to its intersection with
the center line of said right-of-way of the Lehigh Valley
Railroad, formerly the right-of-way of the Delaware Lackawanna and
Western Railroad Company; running thence along the center line of
said railroad right-of-way, on a curve to the left, and continuing
along said center line in a northeasterly direction to its
intersection with the south line of DeWitt's location; running
thence due east along the south line of DeWitt's location and its
extension to a point in the east line of South Aurora Street;
running thence southerly along said east line of South Aurora
Street 554 feet, more or less, to a point on the extension
northwesterly of the east line of 113 Coddington Road; running
thence southeasterly along said line of 113 Coddington Road and
its extension a distance of 360 feet, more or less, to a point in
the southerly line of Coddington Road, said point be also on the
easterly line of property at Ithaca College; running thence
southeasterly along the Ithaca College east line a distance of 640
feet, more or less, to a point; running thence easterly a distance
of 630 feet, more or less, to a point on a line dividing lands now
or formerly of Centini-Capalongo on the west with lands now
formerly of Grivley on the east, said point being also 550 feet,
more or less, southerly along said dividing line in the south line
of Coddington Road; running thence northeasterly a distance of 595
feet, more or less, to a point on the east line of Coddington
Road, said point being also on the extension southerly of the east
line of 725 Hudson Street; running thence northerly along said
east line of 725 Hudson Street, 145 feet, more or less, to a point
in the south line of Pennsylvania Avenue; running thence northerly
550 feet, more or less, to a point on the easterly extension on
the south line of DeWitt's location property, being also located
155 feet easterly, more or less, from the east line of Hudson
Street measured along the aforesaid south line; running thence due
east along the prolongation on the south line of DeWitt's Location
to its intersection with a center line of Six Mile Creek; running
thence northerly along the center line of Six Mile Creek, as it
twists and turns, to its intersection with the center line of
June 3, 1992
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Giles Street; running thence easterly along the center line of
Giles Street to its intersection with the center line of Water
Street; running thence northerly and northeasterly along the
center line of Water Street to its intersection with the center
line of East State Street; running thence northwesterly along the
center line of East State to its intersection with the center line
of South Quarry Street; running thence southerly along the center
line of South Quarry Street to its southerly terminus; running
thence westerly along the road connecting South Quarry Street and
Ferris Place to the center intersection of the center line of
Ferris Place; running thence in a southwesterly direction, along a
path to the footbridge over Six Mile Creek to the center line of
Six Mile Creek; running thence northwesterly, westerly,
southwesterly, southerly and southwesterly along the center line
of Six Mile Creek, as it twists and turns, to the center line of
South Plain Street; running thence southerly along the center line
of South Plain Street to its intersection with the center line of
Wood Street; running thence westerly along the center line of Wood
Street to its intersection with the center line of South Meadow
Street; running thence northerly along the center line of South
Meadow Street to its intersection with the center line of West
Clinton Street; running thence northwesterly and westerly along
the center line of West Clinton Street and its prolongation to the
center line of the current location of the Flood Control Channel
running thence northerly along the center line of the Flood
Control Channel to its intersection with the center line of Cayuga
Inlet; continuing thence northerly along the center line of Cayuga
Inlet, and as extended, to the north line of the City of Ithaca;
running thence along the following leaps and bounds which mark the
northerly and westerly boundaries of the City of Ithaca; westerly
along the northern line of the City of Ithaca to a point on the
west shore of Cayuga Lake; then southerly a distance of 1,710
feet, more or less, to the mouth of a brook which divides the
property now formerly earned by Harry and Helen D. Johnson on the
north of the property now or formerly of Candance H. Williams on
the south; and its westerly 140 feet, more or less, up the center
of the brook to the east boundary of the right-of-way of the
highway known as "Taughannock Boulevard"; then southerly along the
east line of the right-of-way of Taughannock Boulevard as it now
exists or may hereafter be located a distance of 1,523 feet to the
center of Williams Brook; thence westerly 66 feet, more or less,
to the east line of the right-of-way formerly of the Ithaca and
Geneva division of the Lehigh Valley Railroad, now New York State
Electric and Gas Company; then southerly 1,100 feet, more or less,
to the north line of said lots 92 and 94 produced; thence west
along the north line of said lots 92 and 94 produced to a point
where said line intersects the northeasterly line of Brookfield
Road; thence north 15 degrees 15 minutes east 115.2 feet along the
western line of Campbell Avenue to an iron pipe; then
southwesterly, substantially along a hedgerow about 117 feet to an
iron pipe located north 79 degrees 25 minutes east, a distance of
35.5 feet from an iron pipe set on the northeasterly line of
Brookfield Road; thence north 12 degrees 21 minutes west, 187 feet
to an iron pipe; thence south 70 degrees 28 minutes west, 17.9
feet to a pipe; thence south 23 degrees 40 minutes west, 150.6
feet to an iron pipe set in the bed of Hopkins Place; thence
continuing a short distance of approximately 10 feet to the
original center line of Hopkins Place, measured as a 40 foot road;
then westerly along said original centerline of Hopkins Place
about 60 feet to a point south 3 degrees 30 minutes east of an
iron pipe set on the northerly line of Hopkins Place; thence north
3 degrees 30 minutes west, 20 feet, more or less, to set iron pipe
in the northerly line of Hopkins Place; thence north 3 degrees 30
minutes west, 223 feet to the center of Williams Brook; then
southwesterly along the center of Williams Brook 330 feet, more or
less, to the west line of Military Lot No. 87; then south along
June 3, 1992
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the west line of Military Lot No. 87 and the west line of DeWitt's
location to the point and place of beginning.
B. Ward II: Beginning at a point at the intersection of
the center line of Six Mile Creek and the center line of South
Plain Street; running thence south along the center line of Plain
Street to its intersection with the center line of Wood Street
running thence westerly along the center line of Wood Street to
its intersection with the center line of Meadow Street; running
thence northerly along the center line of South Meadow Street to
its intersection with the center line of West Clinton Street;
running thence northwesterly and westerly along the center line of
West Clinton Street and its prolongation to the center line of the
current location of the Flood Control Channel running thence
northerly along the center line of the Flood Control Channel to
its intersection with the center line of Cayuga Inlet, said point
also being the center line of Cascadilla Creek; running thence
easterly and southeasterly along the center line of Cascadilla
Creek to its intersection with the center line of University
Avenue, said point also being the center line of the prolongation
of Linn Street; running thence southerly along the center line of
University Avenue and the prolongation of Linn Street to its
intersection with the center line of Court Street, said point
being the prolongation of the center line of Terrace Place;
running thence southerly along the center line of Terrace Place
and its prolongation to its intersection with the center line of
Buffalo Street; running thence easterly along the center line of
Buffalo Street to its intersection with the center line of Stewart
Avenue; running thence southerly along the center line of Stewart
Avenue to its intersection with the center line of East State
Street; running thence southerly along the center line of East
State Street to its intersection with the center line of Elston
Place; running thence southerly along the center line of Elston
Place and its prolongation to the center line of Six Mile Creek;
running thence northwesterly, westerly and southwesterly as it
twists and turns to the point or place of beginning.
C. Ward III: Beginning at a point in the south line of the
City of Ithaca at its intersection with the center of Six Mile
Creek; running thence easterly along the south line of the City of
Ithaca a distance of 2,800 feet, more or less, to a monument
marking the southeast corner in the City of Ithaca; running thence
northerly along the east line of the City of Ithaca a distance of
208 feet, more or less, to the center of a ravine; running thence
northeasterly and along the center of the ravine, being also the
boundaries of the City of Ithaca, to the southwest line of the
right-of-way formerly of the E.C. & N. Railroad; running thence
northwesterly and along the southwest line of the E.C. & N.
Railroad right-of-way, being also the boundary line of the City of
Ithaca, 260 feet to the south line of lands of Cornell University;
running thence west along the south line of lands of Cornell
University and property now or formerly of S. William Barnes,
being also a boundary line of the City of Ithaca, a distance of
about 1,050 feet to a point which is approximately 960 feet north
of the said southeast corner of the City of Ithaca; running thence
northerly along the eastern line of the City of Ithaca to the
north line of Military Lot No. 92, which is the north line of the
City of Ithaca; running thence west along the north line of the
City of Ithaca, to the center line of the driveway connecting
Jessup Road and Sisson Place; running thence southerly along the
center line of the driveway connecting Jessup Road with Sisson
Place to an intersection with the center line of Sisson Place;
running thence westerly along the center line of Sisson Place to
an intersection of the center line of Triphammer Road; running
thence southwesterly along the center line of Triphammer Road to
its intersection with the center line of Wait Avenue; running
thence easterly and southerly along the center line of Wait Avenue
June 3, 1992
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to the center line of Thurston Avenue; running thence southerly
along the center line of Thurston Avenue and across the Thurston
Avenue Bridge to the intersection of the center line of University
Avenue; running thence westerly and southerly along the center
line of University Avenue to the center line of West Avenue, a
street on the campus of Cornell University; running thence
southerly along the center line of West Avenue to the center line
of Campus Road, a street on the campus of Cornell University;
running thence southwesterly along the center line of Campus Road
to the center line of Stewart Avenue; running thence southerly
along the center line of Stewart Avenue to the center line of
Cascadilla Creek; running thence easterly along the center line of
Cascadilla Creek, as it twists and turns, to a point due north on
the extension of the westerly line of Tax Parcel 64-1-1 extending
north; running thence southerly along the extension of the western
line of Tax Parcel 64-1-1 and the western line of Tax Parcel 64-1-
1 to the southwest corner of Tax Parcel 64-1-1; continuing thence
southerly across Oak Avenue to the northwest corner of Tax Parcel
64-2-2; continuing thence southerly along the westerly lines of
Tax Parcels 64-2-2, 64-2-25 and 65-2-26 to the southwest corner of
Tax Parcel 64-2-26; continuing thence southerly to the center line
of Dryden Road; running thence easterly along the center line of
Dryden Road to the intersection with the center line of Linden
Avenue; running thence southerly along the center line of Linden
Avenue to the intersection with the center line of Bool Street;
running thence westerly along the center line of Bool Street to
the intersection with the center line of College Avenue; running
thence southerly along the center line of College Avenue to the
intersection with the center line of Mitchell Street; running
thence southwesterly along the center line of Mitchell to the
intersection with the center line of East State Street; running
thence southeasterly along the center line of East State Street to
the intersection with the center line of Water Street; running
thence southwesterly along the center line of Water Street to the
intersection with the center line of Giles Street; running thence
westerly along the center line of Giles Street to the intersection
with the center line of Six Mile Creek; running thence southerly
along the center line of Six Mile Creek, as it twists and turns,
to the point and place of beginning.
D. Ward IV: Beginning at the intersection of the center
line of University Avenue and the center line of West Avenue, a
street on the campus of Cornell University; running thence
southerly along the center line of West Avenue to the center line
of Campus Road, a street on the campus of Cornell University;
running thence southwesterly along the center line of Campus Road
to the center line of Stewart Avenue; running thence southerly
along the center line of Stewart Avenue to the center line of
Cascadilla Creek; running thence easterly along the center line of
Cascadilla Creek, as it twists and turns, to a point due north of
the northerly extension of the west line of Tax Parcel 64-1-1;
running thence southerly along the extension of the western line
of Tax Parcel 64-1-1 and the western line of Tax Parcel 64-1-1 to
the southwest corner of Tax Parcel 64-1-1; continuing thence
southerly across Oak Avenue to the northwest corner of Tax Parcel
64-2-2; continuing thence southerly along the westerly lines of
Tax Parcels 64-2-2, 64-2-25 and 65-2-26 to the southwest corner of
Tax Parcel 64-2-26; continuing thence southerly to the center line
of Dryden Road; running thence easterly along the center line of
Dryden Road to the intersection with the center line of Linden
Avenue; to the intersection with the center line of Dryden Road;
running thence easterly along the center line of Dryden Road to
the intersection with the center line of Linden Avenue; running
thence southerly along the center line of Linden Avenue to the
intersection with the center line of Bool Street; running thence
westerly along the center line of Bool Street to the intersection
with the center line of College Avenue; running thence southerly
June 3, 1992
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along the center line of College Avenue to the intersection with
the center line of Mitchell Street; running thence southwesterly
along the center line of Mitchell Street to the intersection with
the center line of East State Street; running thence northwesterly
along the center line of East State Street to the intersection
with the center line of Quarry Street; running thence southerly
along the center line of Quarry Street to its southerly terminus;
continuing thence westerly along the center line of the road
connecting Quarry Street and Ferris Place to the southerly
terminus of Ferris Place; running thence southwest of the
direction along a path to the footbridge crossing Six Mile Creek
to the center line of Six Mile Creek; running thence northwesterly
along the center line of Six Mile Creek to its intersection with
the center line of Elston Place as extended; running thence
northerly along the center line of Elston Place to the
intersection with the center line of East State Street; running
thence easterly along the center line of East State Street to the
intersection with the center line of Stewart Avenue; running
thence northerly along the center line of Stewart Avenue to the
intersection with the center line of Buffalo Street; running
thence westerly along the center line of Buffalo Street to the
intersection of the center line of Terrace Place; running thence
northerly along the center line of Terrace Place to the
intersection with the center line of Linn Street; running thence
northerly along the center line of Linn Street to the intersection
with the center line of Cascadilla Creek and the center line of
University Avenue; running thence northeasterly and easterly along
the center line of University Avenue to the point or place of
beginning.
E. Ward V: Beginning at a point at the intersection of
the center lines of Linn Street, University Avenue and Cascadilla
Creek; running thence northerly, easterly then northerly and
easterly along the center line of University Avenue to the
intersection of the Thurston Avenue bridge; running thence
northerly across Fall Creek along the center line of Thurston
Avenue to the easterly intersection of the center line of Wait
Avenue; running thence northerly and westerly along the center
line of Wait Avenue to the center line of Triphammer Road; running
thence northeasterly along the south line of Triphammer Road to
the intersection with the center line of Sisson Place; running
easterly along the center line of Sisson Place to the intersection
with the center line of the driveway connecting Sisson Place and
Jessup Road; running thence northerly along the center line of the
driveway connecting Sisson Place and Jessup Road to the north line
of the of the City of Ithaca; running thence westerly along the
north line of the City of Ithaca and its extension westerly to the
intersection with east line of North Cayuga Street; running thence
northerly along the east line of North Cayuga Street reduced to a
point to the north boundary New York State Route 13; running
thence northeasterly along the northerly line of Route 13 a
distance of 106 feet, more or less, to a point; thence continuing
along the northwesterly line of New York State Route 13 the
following distances: northeasterly a distance of 195 feet, more
or less, to a point; northeasterly a distance of 253 feet, more or
less, to a point; northerly a distance of 67 feet, more or less,
to a point; easterly a distance of 15 feet, more or less, to a
point, and the westerly line of East Shore Drive; running thence
northerly along the westerly line of East Short Drive a distance
of 165, more or less, to the southerly line of lands now or
formerly of Bowman (Libre 585 of Deeds, Page 594, Tax Parcel 18-2-
10); running thence westerly along the southerly line of said
Bowman parcel a distance of 264 feet, more or less, to the
southwest corner thereof; running thence northerly along the west
boundary of said Bowman parcel and continuing along the west
boundary of lands now or formerly of Wells (Libre 379 of Deeds,
Page 410 and Libre 466 of Deeds, Page 23) a total distance of 80
June 3, 1992
10
feet, more or less, to the easterly line of Conrail Corp. (reputed
owner), formerly Lehigh Valley Railroad; running thence
southwesterly along the southeasterly line of Conrail a distance
of 70 feet, more or less, to the present east line of the City of
Ithaca, said point being extension of the east line of the former
North Cayuga Street; running thence northerly 1,060, more or less
along a line to a point which is 130 feet, more or less, westerly
from the east line of said railroad right-of-way which said point
is on the present north line of the City of Ithaca; running thence
westerly along the north line of the City of Ithaca to a point on
said north line which set point is on a line directly due north of
the center line of the Cayuga Inlet; running thence southerly
along the center line of the Cayuga Inlet, as extended and along
the actual center line of the Cayuga Inlet to the intersection of
the center line of Cascadilla Creek; running thence easterly and
southeasterly along said center line of Cascadilla Creek to the
intersection of the center lines of Linn Street, University Avenue
and Cascadilla Creek, being the point or place of beginning."
Effective Date. This local law shall take effect on January
1, 1993 after filing in the Office of the Secretary of State.
Discussion followed regarding the effective date.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the Effective Date of LL # shall read as
follows:
Effective Date. This local law shall take effect on January
1, 1993 after filing in the Office of the Secretary of State
provided that the current alderpersons shall continue to hold
office and represent the prior existing wards through December 31,
1993 and further provided that the ward boundaries as existing
immediately prior to the effective date of this act shall continue
to be the ward boundaries for the purpose of filling vacancies in
office until the general election in November, 1993.
Carried Unanimously
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That Plan F-2 be restored.
Discussion followed on the merits of this plan.
A vote on the motion to restore Plan F-2 resulted as follows:
Ayes (4) - Johnson, Efroymson, Berg, Golder
Nays (6) - Blanchard, Romanowski, Daley, Booth, Schroeder,
Hoffman
Motion Failed
Main Motion as Amended
A vote on the Main Motion as Amended (original Local Law as
presented) resulted as follows:
Ayes (7) - Blanchard, Johnson, Booth, Schroeder, Golder,
Hoffman, Berg
Nays (3) - Romanowski, Daley, Efroymson
Carried
*15.2 An Ordinance Adding Chapter 179 - "Fill, Excavation and
Stockpiling"
Motion to Table
By Alderperson Hoffman: Seconded by Alderperson Blanchard
June 3, 1992
11
RESOLVED, that consideration on adding Chapter 179, "Fill,
Excavation and Stockpiling," will be postponed until the Board of
Public Works can give its comments.
Carried Unanimously
Recess
Common Council recessed at 9:00 p.m. and reconvened at 9:20 p.m.
* 15.3 An Ordinance Adding a New Chapter 5 Entitled "Advisory
Commission on Art and Design for Public Space" - Resolution
By Alderperson Hoffman: Seconded by Alderperson Johnson
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 5 ENTITLED "ADVISORY COMMISSION
ON ART AND DESIGN FOR PUBLIC SPACE" OF THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. That a new Chapter to be known and designated
as Chapter 5 entitled "Advisory Commission on Art and Design for
Public Space" is hereby added to the City of Ithaca Municipal Code
to read as follows:
"Chapter 5
Advisory Commission on Art and Design
for Public Space
Section 5-1. Creation.
The Common Council of the City of Ithaca hereby creates a
Commission which shall be known as the "City of Ithaca Advisory
Commission on Art and Design for Public Space", hereinafter
referred to as the "Commission".
Section 5-2. Purpose and Duties.
The purposes and duties of the Commission shall be as
follows:
A. To replace and take over the responsibilities of the
Centennial Arts Commission and as such to oversee the maintenance
of and additions to the existing collection of art for public
places owned by the City of Ithaca; find appropriate public places
for the display of this collection; and where appropriate, see
that the works are appropriately displayed in places with
appropriate security, that the works are marked with plaques
containing the title of the work, the artist and, where
appropriate, a notation that the work was a part of the Centennial
Collection developed during the City's Centennial Year of 1988.
B. To initiate and receive recommendations and develop
proposals for implementation that will enrich the visual and
aesthetic environment of public spaces within the City of Ithaca.
June 3, 1992
12
Appropriate elements of the environment that the Commission will
consider may include but will not be limited to:
1. Outdoor public spaces.
2. City-owned public buildings, interior and exterior.
3. Public works projects; e.g., parking facilities,
bridge improvements, etc.
4. City-owned lighting.
C. To submit an annual report to the Common Council and to
the Board of Public Works and, with the support of the Arts and
Culture Coordinator's Office, to report on a regular basis to the
Mayor.
Section 5-3. Membership Terms, Vacancies, Officers,
Compensation.
A. The Commission shall consist of seven (7) members all of
whom shall be voting members appointed by the Mayor subject to the
approval of the Common Council. One member shall be a member of
Common Council. One member shall be a representative of the Board
of Public Works. Of the remaining five members at least three
shall be residents of the City of Ithaca. Three members of the
Commission shall be professionals from the field of design and
visual arts. One member of the Commisssion shall be a
representative from the Community Arts Partnership of Tompkins
County or its successor. In addition, the Arts and Culture
Coordinator of the City of Ithaca shall be a non-voting ex-officio
member who will serve as staff to the Commission. The Mayor may
make such other non-voting ex-officio appointments as deemed
necessary and appropriate.
B. The five members who are not appointed as City officials
shall be appointed for a term of three years, except that the
terms of the first Commission members shall be for such lesser
periods of time as to provide appropriate staggered rotation and
continuity. Vacancies on the Commission shall be filled in the
same manner as the original appointment, except that a vacancy
occurring other than by expiration of term of office shall be
filled only for the remainder of the unexpired term.
C. The Commission shall have a chairperson and a vice
chairperson who shall be appointed by the Mayor.
D. The members of the Commission shall receive no
compensation for their services as members thereof but may be
reimbursed for reasonable and necessary expenses incurred in the
performance of their duties within the appropriations made
available therefor.
Section 5-4. Meetings, records.
A. The Commission shall adopt rules and procedures for its
meetings. It shall keep accurate records of its meetings and
activities and shall file an annual report as provided in Section
5-2 of this Chapter".
Section 2. This ordinance shall take effect immediately.
Carried Unanimously
* 15.4 Abolishment of Centennial Arts Commission - Resolution
June 3, 1992
13
By Alderperson Hoffman: Seconded by Alderperson Johnson
WHEREAS, by resolution adopted February 1, 1989, the Common
Council of the City of Ithaca created a Centennial Arts
Commission; and
WHEREAS, by ordinance adopted on this date, the Common Council of
the City of Ithaca has created and established an Advisory
Commission on Art and Design for Public Space, the purpose and
duties of which include replacing and taking over the
responsibilities of the Centennial Arts Commission, now,
therefore, be it
RESOLVED, That the Centennial Arts Commission is hereby abolished,
and be it further
RESOLVED, That the duties, obligations, and commitments of the
Centennial Arts Commission are hereby transferred to the Advisory
Commission on Art and Design for Public Space.
Carried Unanimously
* 15.5 An Ordinance Amending Subdivision C of Section 30.26 of
Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code
-Call for Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Golder
RESOLVED That Ordinance No. ____ entitled "An Ordinance Amending C
of Section 30.26 of Chapter 30 entitled 'Zoning' of the City of
Ithaca Municipal Code: be and it hereby is introduced before the
Common Council of the City of Ithaca, New York; and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Council Chambers, City Hall, at 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, July 1, 1992, at 7:00
P.M.; and be it further
RESOLVED, That the City Clerk shall give notice of public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
(15) days prior to the public hearing; and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
Board true and exact copies of the proposed zoning ordinance for
their reports thereon.
Discussion followed on the specifics of this Ordinance calling for
a Public Hearing.
A vote on the Resolution resulted as follows:
Ayes (6) - Blanchard, Romanowski, Efroymson, Schroeder,
Golder, Hoffman
Nays (4) - Booth, Berg, Johnson, Daley
Carried
The Ordinance to be voted on is as follows:
AN ORDINANCE AMENDING C OF SECTION 30.26 OF CHAPTER 30
ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
SECTION 1. AMENDING SUBDIVISION C OF SECTION 30.26.
June 3, 1992
14
That subdivision C(1)(k) of Section 30.26 is hereby amended
to read as follows:
"C(1)...uses... which require a special permit ...
(k) In any district, towers or structures for the
transmission or receipt of radio or other electronic
communications signals for commercial or business related
purposes, unless:
i. The towers or structures are antennas or satellite
dishes with a maximum dimension of six (6) feet or less, and
ii. Such towers or structures are not in a front yard, and
iii. The maximum dimension of such antenna or satellite dish,
when combined with attached mounting supports, have a maximum
height of 10 (ten) feet or less."
SECTION 2. EFFECTIVE DATE.
This Ordinance shall take effect immediately and in
accordance with laws upon publication of a notice as provided in
the Ithaca City Charter.
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Building Department - Request for Employee Incentive Award
-Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the Building Commissioner has recommended Building
Inspector III Michael Niechwiadowicz for an employee incentive
award pursuant to the terms of the CSEA Administrative Unit
Contract, and
WHEREAS, the Building Commissioner has provided the Budget and
Administration Committee with substantial justification for
granting this employee incentive award, and
WHEREAS, the Building Commissioner's recommendation complies with
procedures and guidelines outlined in the CSEA Administrative Unit
Contract, now, therefore, be it
RESOLVED, That Michael Niechwiadowicz's salary be increased by
four (4) percent to an annual salary of $27,772., effective May
12, 1992, and be it further
RESOLVED, That funding for such increase shall be derived from the
unrestricted contingency account A1990.
A vote on the resolution resulted as follows:
Ayes (6) - Romanowski, Daley, Booth, Schroeder, Hoffman,
Berg
Nays (4) - Efroymson, Johnson, Blanchard, Golder
Carried
Alderperson Efroymson suggested that the possibility of rewarding
employees by other than monetary means be investigated.
Alderperson Booth recommended that the Budget & Administration
Committee request that the Personnel Department investigate this
issue and make some recommendations to be looked at.
* 16.2 DPW - Request for Employee Incentive Award - Resolution
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the Wastewater Treatment Plant Chief Operator has
recommended Operator Edwin Smith for an employee incentive award
pursuant to the terms of the CSEA Administrative Unit Contract,
and
June 3, 1992
15
WHEREAS, the Chief Operator has provided the Budget and
Administration Committee with substantial justification for
granting this employee incentive award, and
WHEREAS, the Chief Operator's recommendation complies with
procedures and guidelines outlined in the CSEA Administrative Unit
Contract; now, therefore, be it
RESOLVED, That Edwin Smith's salary be increased by four (4)
percent to an annual salary of $24,967. effective February 21,
1992, and be it further
RESOLVED, That funding for such increase shall be derived from the
Joint Activity Fund Unrestricted Contingency Account J1990.
A vote on the resolution resulted as follows:
Ayes (6) - Romanowski, Daley, Booth, Schroeder, Hoffman,
Berg
Nays (4) - Efroymson, Johnson, Blanchard, Golder
Carried
* 16.3 Youth Bureau - Request to Amend the 1992 Youth Bureau
Budget - Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the Youth Bureau has received a proposal from the Ithaca
City School District to expand the Access to College and
Employment (ACE) Program to serve students in the Ithaca area, and
WHEREAS, the School District has received confirmation of funding
from the New York State Education Department, now, therefore, be
it
RESOLVED, That the 1992 General Fund Budget for Youth Bureau
purposes be amended as follows:
APPROPRIATIONS
A7310-420 Gas & Oil $ 200
A7310-440 Staff Development 350
A7310-445 Travel & Mileage 400
A7120-470 Rental of Equipment 2,000
REVENUE
A3820 Youth Programs $2,950
Carried Unanimously
* 16.4 Planning Department - Request Funding for Zoning Map/Chart
-Resolution
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, the City of Ithaca Zoning Map and Chart was last printed
in 1987, and
WHEREAS, there have been numerous changes to both the map and
chart since that time, and
WHEREAS, the Planning Department cannot fund the printing of this
map and chart within existing budget appropriations, now,
therefore, be it
RESOLVED, That $1,600 be transferred from account A1990,
Unrestricted Contingency, to account A8020-425, Office Expense,
for the layout, drafting, and printing of said map and chart.
Carried Unanimously
Discussion followed. It was decided that the Planning Department
will consult with Alderperson Schroeder, as Chair of the Planning
and Development Committee, prior to printing maps, charts, etc.
June 3, 1992
16
HUMAN SERVICES COMMITTEE:
* 18.1 - Creation of Community Relations Task Force
By Alderperson Johnson: Seconded by Alderperson Efroymson
WHEREAS, there has been considerable public discussion of ways to
improve police and minority community relations in the City of
Ithaca, and
WHEREAS, the Mayor, the Police Chief, and members of the Community
Police Board and Human Services Committee have taken part in
public discussions of steps to be taken to improve relations
between Ithaca's Police and the minority community, and
WHEREAS, some recommendations have been made and work groups have
been formed to proceed with some of these recommendations, now,
therefore, be it
RESOLVED, That the Mayor appoint a broad-based community task
force to pursue solutions to the identified problems and to
recommend to Council by September 1, 1992 additional steps to be
taken for long-term improvement of relations between Police and
the minority community.
Police Chief McEwen addressed Council regarding the resolution.
Discussion followed regarding the language of this resolution.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That the words "the identified" be stricken from the
last paragraph of the resolution, and the words "involving the
Police Department and the minority community" be added after the
word "problems."
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.5 Mayor - Request to Fund Community Relation Task Force
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Common Council has established a Police Community
Relations Task Force to improve police and minority community
relations in the City of Ithaca; now, therefore, be it
RESOLVED, That $2,000 be transferred from account A1990,
Unrestricted Contingency to account A1210-425, Office Expense, to
pay for support staff and material expenses of the Police
Community Relations Task Force.
Carried Unanimously
* 16.6 Planning Department - Request to Increase City Court
Facility Capital Project - Resolution
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the bids for the new Court Facility and Police Station
Renovation Projects opened on May 7, 1992, exceeded the existing
project authorization of $2,600,000, and
WHEREAS, the revised capital project budget for the new Court
Facility and Police Renovation Projects, inclusive of the
Pedestrian Bridge, and all project supervision and contingencies
is $3,100,000, reflecting an increase of $500,000 overall, and
June 3, 1992
17
WHEREAS, after carefully reviewing said bids and evaluating
alternative courses of action, the Client Committee has
recommended that the bids be accepted in their entirety, and that
the project authorization be increased by said $500,000, now,
therefore, be it
RESOLVED, That Capital Project #242 be increased from $2,600,000
to a maximum authorized cost of $3,100,000; and be it further
RESOLVED, That the additional amount necessary to complete said
project be derived from the issuance of $500,000 in Serial Bonds.
Considerable discussion followed. Deputy Director of Planning and
Development Sieverding answered question from Council.
A vote on the resolution resulted as follows:
Ayes (8) - Blanchard, Romanowski, Daley, Johnson, Booth,
Schroeder, Hoffman, Berg
Nays (1) - Golder
Abstention (1) - Efroymson
Carried
* 16.7 Department of Public Works - Request for GIAC Wading Pool
Repairs - Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the new Municipal Pool will not be in service for the
1992 summer season, and
WHEREAS, repairs to the existing wading pool will require
replacing the pvc piping in addition to the normal repairs and
start-up procedures, and
WHEREAS, the DPW Mini-Pool account was reduced by $2,000 in the
1992 Budget in anticipation that the new pool would open in the
summer of 1992, now, therefore, be it
RESOLVED, That $2,000 be transferred from account A1990,
Unrestricted Contingency, to account A7181-483, Construction
Supplies, for said repairs.
Carried Unanimously
* 16.8 Finance Department/Controller - Request Approval of 1992-93
Civil Service Agreement - Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Mayor and City Clerk be authorized and directed
to execute an agreement between the City of Ithaca and the Ithaca
City School District for performance by the City for services in
connection with Civil Service matters, for the period July 1, 1992
to June 30, 1993, in an amount of $25,876.00, payable to the City
of Ithaca on or before November 1, 1992.
Carried Unanimously
* 16.9 Finance Department/Controller - Request to Increase
Computer Acquisition Capital Project - Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, Capital Project #211 was established in 1986 and amended
several times in 1989 and 1990 for the acquisition of computer
equipment and related software for the Finance, Police, and Public
Works Departments, and
WHEREAS, a thorough review of said project has determined that an
additional $10,000 is required to fund cumulative financing and
other related project costs through completion, now, therefore, be
it
RESOLVED, That Capital Project #211 for Computer Acquisition be
hereby increased from $448,345 to a maximum cost of $458,345, and
be it further
June 3, 1992
18
RESOLVED, That the additional amount necessary to complete said
project be derived from the issuance of $10,000 in Serial Bonds.
Discussion followed with Controller Cafferillo answering questions
from Council. Mayor Nichols will ask a group of staff people and
Department heads to look into linking and integrating the City's
computer systems.
Carried Unanimously
* 16.10 - Finance Department/Controller - Request Approval for
1992 Health Insurance Rates for Retirees - Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City currently charges City retirees and those
employees on leaves of absence $120.24 per month for individual
health insurance coverage and $276.69 per month for family
coverage, and
WHEREAS, the 1992 estimated cost of the City's health insurance
program for such individuals, as projected by Blue Cross/Blue
Shield, have been increased to $166.57 per month for individual
coverage and $381.78 per month for family coverage, and
WHEREAS, the difference between what the City actually charged
these individuals for coverage heretofore and the City's estimated
cost for 1992 is 38%, and an increase of this magnitude could pose
a serious burden for these individuals, and
WHEREAS, in light of the significant increase in past years in
health insurance rates and the related hardship these increases
would have caused City retirees and persons on leaves of absence,
the City has adopted a policy of not charging the full rate
increases to these individuals, now, therefore, be it
RESOLVED, That the 1992 monthly rate of health insurance coverage
for retirees and those employees on leaves of absence be
established at $146.58 for individual coverage and $335.96 for
family coverage, which represents the same proportionate share
paid by these individuals currently, or 88% of the City's
estimated rate.
Carried Unanimously
* 16.11 Finance Department/Personnel - Request to Return to Full-
Time Status - Resolution
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, in December, 1991, Common Council approved a request by
the Personnel Department to temporarily amend their personnel
roster by reducing the hours of certain full-time staff members to
accommodate employee schedules, and
WHEREAS, the Personnel Administrator has now requested to
reinstate the Administrative Secretary from twenty-eight (28)
hours per week to full-time status, now, therefore, be it
RESOLVED, That the personnel roster be amended to reinstate the
Administrative Secretary to full-time status effective June 22,
1992.
Carried Unanimously
* 16.12 - Audit - Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the bills presented as listed on Audit Abstract
10/1992 in the total amount of $96,805.36 be approved for payment.
Carried Unanimously
* 16.13 - 1991 Annual Financial Report - Resolution
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the 1991 Annual Financial Report prepared by the
Finance Department be accepted as presented.
Carried Unanimously
June 3, 1992
19
* 16.14 - Summer Parking Program - Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That an amount not to exceed $7,650 shall be transferred
from account A1990, Unrestricted Contingency, to account A5630-435
for the Department of Public Works to fund a contract between
Ithaca Transit and Cornell University for additional bus service
related to a Park and Ride program as outlined in a June 2, 1992
memo from Herman Sieverding to Common Council; provided that this
resolution is conditioned on a determination by the City Attorney
and other appropriate officials that any funds expended pursuant
to this resolution will be reimbursed at an eighty percent (80%)
rate from the Federal Transportation Administration; and further
provided that if after two weeks of utilizing this additional bus
service it is used by fewer than an average of thirty (30) persons
in the morning and thirty (30) persons in the afternoon, such
service shall be discontinued.
Discussion followed on the merits of this plan versus other
alternatives.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, That this resolution be amended to read "...fifty (50)
persons in the morning and fifty (50) persons in the afternoon..."
A brief discussion followed with Deputy Director of Planning and
Development Sieverding answering questions from Council.
A vote on the Amending Resolution resulted as follows:
Ayes (1) - Daley
Nays (9) - Blanchard, Romanowski, Efroymson, Johnson, Booth,
Schroeder, Golder, Hoffman, Berg
Motion Failed
Main Motion
A vote on the main motion resulted as follows:
Ayes (9) - Blanchard, Romanowski, Efroymson, Johnson, Booth,
Schroeder, Golder, Hoffman, Berg
Nays (1) - Daley
Carried
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1 Acceptance of Open Space Dedication, West Inlet Cluster
Subdivision - Resolution
By Alderperson Schroeder: Seconded by Alderperson Blanchard
WHEREAS, the need for affordable housing and preservation of open
space have been identified as priority goals for the City of
Ithaca, and
WHEREAS, the cluster zoning provision is intended to promote the
creation of housing that is more affordable and the preservation
of open space through efficient land use patterns, and
WHEREAS, the City of Ithaca's cluster zoning regulations require
that an open space set-aside be dedicated as common land for the
benefit of the members of the subdivision, and
WHEREAS, open space parcels numbered 9B, 27B, 28, 1B, and 5B in
the proposed West Inlet Cluster Subdivision contain two
drainageways and a number of locally scarce hackberry trees, and
WHEREAS, the developer wishes to dedicate the above-listed parcels
to the City of Ithaca, and
June 3, 1992
20
WHEREAS, the ownership of these parcels by the City would insure
that the parcels would remain undeveloped and open for the
enjoyment of the residents of the subdivision, and
WHEREAS, the Board of Planning and Development recommends that the
above parcels be accepted by the City; now, therefore, be it
RESOLVED, that the Mayor is authorized to accept parcels 9B, 27B,
28, 1B, and 5B located in the West Inlet subdivision on Floral
Avenue.
Considerable discussion ensued as to the accessibility of the open
space parcels.
Mayor Nichols stated for the record that the City has taken many
steps to enable this project to move forward. In his opinion, the
affordability of this housing is the key to many things that have
been done. Accepting parcels we would not otherwise be interested
in, etc. are based on the affordability factor and his acceptance
of these parcels will depend on the conclusion that this is an
affordable project.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the words "and the general public" be added in the
sixth "whereas" paragraph after the words "residents of the
subdivision."
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as amended resulted as follows:
Ayes (7) - Blanchard, Romanowski, Daley, Efroymson,
Schroeder, Berg, Golder
Nays (3) - Hoffman, Booth, Johnson
Carried
* 17.2 An Ordinance Amending Section 30.49 of Chapter 30 Entitled
'Zoning' of the City of Ithaca Municipal Code - Call for Public
Hearing
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED that Ordinance No. ____ entitled "An Ordinance Amending
Section 30.49 of Chapter 30 entitled 'Zoning' of the City of
Ithaca Municipal Code" be and it hereby is introduced before the
Common Council of the City of Ithaca, New York; and be it further
RESOLVED that the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Council Chambers, City Hall, at 108 East Green Street in
the City of Ithaca, New York, on Wednesday, the 1st day of July,
1992, at 7:00 P.M.; and be it further
RESOLVED That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
(15) days prior to the public hearing; and be if further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
Board true and exact copies of the proposed zoning ordinance for
their reports thereon.
Discussion followed regarding the changes this Amending Ordinance
will encompass.
A vote on the resolution resulted as follows:
June 3, 1992
21
Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Booth, Schroeder, Hoffman, Berg
Alderperson Golder was out of the room when the vote was
taken.
Carried
The Ordinance to be voted on is as follows:
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 30.49 OF CHAPTER 30 ENTITLED
"ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. Amending Section 30.49 of Chapter 30.
Repair, changes in use, extension or enlargement of non-
conforming uses or structures.
A. Repair of Non-Conforming Uses or Structures.
Necessary or desired repair of any non-conforming
structure, or of any structure housing a non-conforming use,
declared unsafe by proper authority, shall be accomplished in
accordance with all applicable regulations.
B. Changes in Non-Conforming Use.
A non-conforming use may be changed only to use
permitted in the district in which it is located. Once changed to
a conforming use, no building or land shall be permitted to revert
to a non-conforming use.
C. Extension or Enlargement of Non-Conforming Uses or
Structures.
1) A non-conforming use may not be extended or
enlarged to other structures, nor may a non-conforming use be
extended or enlarged to other portions of structures not devoted
to such use or to other land except by means of a variance granted
by the Board of Appeals.
2) A non-conforming structure which is used as
permitted in the district in which it is located, but does not
comply with the minimum lot size requirement and/or parking
requirements applicable in the district, may not be extended or
enlarged except by means of a variance granted by the Board of
Appeals; however, a non-conforming structure may be enlarged,
providing:
i) The enlargement does not create a new or greater
non-conformity and,
ii) It does not increase the permitted occupancy unless
the structure is a one or a two family dwelling, and
iii) The property is in compliance with the minimum lot
size and parking requirements of the district in which it is
located.
In all districts any legal non-conforming use or structure
existing at the time of enactment of this Chapter, as amended, or
subsequently constructed in compliance with a variance, shall not
be extended or enlarged except in compliance with the regulations
of this Chapter, as amended for each particular district.
Section 2. Effective date.
June 3, 1992
22
This ordinance shall take effect immediately and in
accordance with laws upon publication of a notice as provided in
the Ithaca City Charter.
* 17.3 Canopy Variance Request for Oasis Grocery Store -
Resolution
By Alderperson Schroeder: Seconded by Alderperson Efroymson
WHEREAS, the Ithaca Landmarks Preservation Commission supports the
granting of a variance from the canopy height requirements, and
WHEREAS, the appellant Peter Sayet for Oasis Natural Grocery has
demonstrated sufficient architectural reasons to support the
granting of this variance, and
WHEREAS, the Municipal Code Section 33.9 Paragraph B authorizes
Common Council to grant such a variance; now, therefore, be it
RESOLVED, that the appeal of Peter Sayet to allow the "Oasis
Natural Grocery" canopy on the north facade of the DeWitt Building
at 215 North Cayuga Street to be at 8'9" above the sidewalk
instead of 9'6" as required by Section 33.9 be granted.
Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Booth, Schroeder, Hoffman, Berg
Alderperson Golder was out of the room when the vote was
taken.
Carried
* 17.4 Resolution Supporting the Establishment of the Ithaca
Metropolitan Planning Organization
By Alderperson Schroeder: Seconded by Alderperson Blanchard
WHEREAS, the United States Bureau of the Census designated the
Ithaca Urbanized Area with a 1990 population of 50,132 people, and
WHEREAS, Federal Transportation Law authorizes all federal urban
funding for transportation planning, public transit, highways, and
bicycle/pedestrian facilities to be approved by a metropolitan
planning organization policy committee, and
WHEREAS, the New York State Department of Transportation (NYSDOT)
has designated the City of Ithaca, County of Tompkins and itself
as the Interim Policy Committee of the Ithaca Metropolitan
Planning Organization (Ithaca MPO), and
WHEREAS, the Interim Policy Committee includes the New York State
Department of Transportation (Commissioner) and the chief elected
officials of the City of Ithaca and the County of Tompkins, and
the Federal Highway Administration and the Federal Transit
Administration as ex-officio members, and
WHEREAS, Policy Committee membership, transportation planning,
capital programming, and a hosting agreement between the County
and NYSDOT will be discussed by the Interim Policy Committee, now,
therefore be it
RESOLVED, that the City of Ithaca endorses the establishment of
the Ithaca Metropolitan Planning Organization (Ithaca MPO) and
requests the Governor of New York State to send a letter
certifying the formation of the Ithaca Metropolitan Planning
Organization to the United States Department of Transportation,
and be it further
RESOLVED, that the Mayor is authorized to execute a hosting
agreement with the NYSDOT and the County for Tompkins County to
host the independent MPO Planning Staff, and be it further
RESOLVED, that the Director of the Department of Planning and
Development and the Superintendent of Public Works be designated
as members of the MPO Planning Committee.
June 3, 1992
23
Carried Unanimously
* 17.5 - Proposal to Permit Home Occupations in R-1 Zone - Report
Alderperson Schroeder reported that the Planning Committee has
recommended an overall look at the issue of home occupations in
the City and will be considering this matter at future meetings.
HUMAN SERVICES COMMITTEE:
* 18.2 Meals Program - Report
Alderperson Johnson reported that the Friendship Center is working
to provide some sort of breakfast program that will be available
on Tuesdays and Thursdays. The program is being funded with $200
start-up money from St. John's Episcopal Church.
* 18.3 Group Living - Report
Alderperson Johnson reported that the City Attorney's Office has
been asked to review requirements for group homes and group living
in the City.
* 18.4 Drop-In Center Expansion - Report
Alderperson Johnson reported the Drop-In Center Board is moving
ahead to acquire funds to accomplish the next phases of the plan.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Homeless Task Force
Alderperson Blanchard reported that the Pennies for the Homeless
and Hungry Campaign collected a little less than $2,100 and
distributed $2,000 of that to the Red Cross, Salvation Army,
Economic Opportunity Corporation, Friendship Center, Loaves &
Fishes, The Task Force for Battered Women, and the Housing Task
Force that houses homeless teens. This project will continue as
further contributions are received.
Youth Bureau Meeting
Alderperson Efroymson reported that he attended a meeting at the
Youth Bureau regarding joint recreation activities in the various
townships. A task force will be created to investigate fee
structure, recreational programming, and potential development of
new sites. The City will be requested to participate in this task
force. Alderperson Efroymson urged adequate representation on the
part of the City.
UNFINISHED AND MISCELLANEOUS BUSINESS
Hierarchy of Streets - Resolution
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, that the issue of the so called "hierarchy of streets"
be referred to the Planning and Development Committee.
Carried Unanimously
Inlet Island Land Use Plan
Alderperson Hoffman stated that a memo has been received from the
Planning Director stating that the Planning Board has expressed
its intention to be Lead Agency in the Inlet Island Land Use Plan.
Alderperson Hoffman remarked that he thought there was an
argument for Council to act as Lead Agency.
Alderperson Schroeder responded with the reasons why he felt the
Planning Board should have the responsibility of conducting the
Environmental Review.
Executive Session
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, That Common Council adjourn into Executive Session at
11:25 p.m. to discuss an agreement with the County regarding a
contract relating to parking and a report regarding long-term
lease agreement of a site at the Cherry Street Industrial Park.
Carried Unanimously
Regular Session
June 3, 1992
24
The Council reconvened in regular session at 11:30 p.m. and voted
on the following resolution:
Mental Health Building Parking
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Mayor of the City of Ithaca is hereby
authorized to enter into an agreement with the County of Tompkins
and the City Attorney is further directed to prepare and the Mayor
is authorized to execute all necessary papers to comply with the
terms of the said agreement.
A vote on the resolution resulted as follows:
Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Booth, Schroeder, Golder, Berg
Nays (1) - Hoffman
Carried
ADJOURNMENT:
On a motion, the meeting was adjourned at 11:38 p.m.
_______________________________
_______________________________
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor