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Home My WebLink AboutMN-CC-1989-02-01381. Regular Meeting 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 P.M. February 1, 1989 PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American Flag. MINU`PES Approval of Minutes of January 4, 1989 Common Council Meeting By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the Minutes of the January 4, 1989 Common Council meeting be approved as published. Carried Unanimously Youth Bureau Director Cohen asked that the Minutes of the January 4, 1989 Common Council meeting reflect that he was present at the meeting. SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Establishinq Chapter 39 Entitled 'Site Development Plan Review'of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the Ordinance. Mark Finkelstein - 304 E. State Street, Ithaca, New York, spoke to Council members in support of the proposed Ordinance. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, (Wor" Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano Deputy City Controller - Cafferillo (n City Clerk - Paolangeli d- Director, Planning & Development - Van Cort Acting Personnel Administrator - Walker Acting Building Commissioner - Dietrich Fire Chief - Olmstead m Police Chief - McEwen < Deputy Director, Planning & Development - Mazzarella Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American Flag. MINU`PES Approval of Minutes of January 4, 1989 Common Council Meeting By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the Minutes of the January 4, 1989 Common Council meeting be approved as published. Carried Unanimously Youth Bureau Director Cohen asked that the Minutes of the January 4, 1989 Common Council meeting reflect that he was present at the meeting. SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Establishinq Chapter 39 Entitled 'Site Development Plan Review'of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the Ordinance. Mark Finkelstein - 304 E. State Street, Ithaca, New York, spoke to Council members in support of the proposed Ordinance. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously 382 2 Public Hearing - Local Law No. 1 - 1989 - Reducing the Per Centum Exemption Provided Pursuant to New York State Real Property Tax Law Section 485 -b Resolution to Open Public Hearing By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider Local Law No. 1 of 1989 - Reducing the Per - Centum Exemption Provided Pursuant to New York State Real Property Tax Law Section 485 -b, be declared open. Carried Unanimously Alderperson Booth gave background information on the Local Law. No one appeared to address the Public Hearing. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider Local Law No. 1 of 1989 - Reducing the Per - Centum Exemption Provided Pursuant to New York State Real Property Tax Law Section 485 -b, be declared closed. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Peterson requested the addition of Item 17.5, a report on the Youth Bureau Application for a youth project in Six -Mile Gorge. No Council member objected. Budget and Administration Committee Alderperson Schlather requested that Item 16.16 be deleted from the Budget and Administration Committee agenda and be voted on under the Charter and Ordinance Committee's Item 15.8. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Citizens Against Hydropower Margaret Fabrizio, 213 King Street, representing "Citizen's Against Hydropower At Ithaca Falls" spoke to Council in opposition to the proposed development of a Hydropower Facility at the Ithaca Falls. She asked Council to amend the proposed resolutions in front of Council this evening to include our State Assembly Representatives, Martin Luster and James Seward along with Congressman Matthew McHugh. She further stated that "Citizen's Against Hydropower At Ithaca Falls" have mailed petitions to Congressman Matt McHugh asking for assistance and they plan to continue in the petitioning effort. She expressed the need for a "whole hearted request for action" from the City and not a mixed "lukewarm" message. She also stated that because of the phrasing of the referendum and the information which explained the referendum to the voters, the outcome of the vote should be seen as a mandate to protect the falls from any outside development, rather than as a mandate to proceed with construction. Also, they feel that the City has a responsibility to the community to gather "up to date" information. A lot of false and premature conclusions have been made about protection options and it is very possible that no NYSEG contract or joint contract with an outside developer will be acceptable to the City and other available options must be pursued. "Citizen's Against Hydropower at Ithaca Falls" are more convinced now that there is a way to stop development of the Hydropower Facility at the Ithaca Falls. They want action 383 3 toward this and they want it supported by the City and they want their message conveyed to Marty Luster, Jim Seward and Matt McHugh. Hydropower Issue Betsy Darlington, 204 Fairmount Avenue, Chair of the Conservation Advisory Council, read the following statement to Council: "I would like to suggest that Common Council strengthen the hydropower resolutions, items 18.6 and 18.7 on tonight's agenda. First, reword the one to Matt McHugh so that it requests that McHugh "fully explore the legislative options, etc., and not just send a "report ". Secondly, reinstate the various "whereas's" that were in the January 17th resolution from the Hydropower Commission. As it currently is worded, the resolution sounds so wishy- washy that McHugh might get the impression that Council doesn't re all want him to look into this but merely trying to appease the public. Finally, I would like to suggest that Council ask Marty Luster and James Seward to look into all available options at the state level, in addition to asking Matt McHugh for help. It seems quite clear that most people in the City would prefer that there not be any hydropower development at Ithaca Falls, although people prefer that the developer be the City, if development is inevitable. Given people's sentiments, it is important that all options be pursued vigorously. The beauty of the falls could be seriously compromised by both the final , finished project, and damage -- possibly extensive - -from the construction activities." Ithaca Neighborhood Housing Services Dennis Wille, Ithaca Neighborhood Housing Services - Mutual Housing Coordinator, spoke to Council on the sale of a Floral Avenue parcel to the Ithaca Neighborhood Housing Services for the purpose of mutual housing development. The process was initiated last year with a number of meetings and various stages of negotiations. At this point, the easiest way of transferring the land to the Ithaca Neighborhood Housing Services would be a direct sale for a sum of money which would be negotiated with the Ithaca Urban Renewal Agency. He stressed the importance of establishing, this evening, the process by which they can proceed with the negotiations. It seems unclear as to whether the Ithaca Urban Renewal Agency or Council will be the ones responsible in the negotiating process. Hydropower Issue Tim Mount, 303 E. Upland Road, Professor of Resource Economics at Cornell University, spoke to Council in opposition of the proposed Hydropower Project at the Ithaca Falls. He stated that this power is not needed at the present time, that the power is not needed in the upstate area but rather the real need is in the downstate area, and that the site is a scenic area which any state would be proud to possess. In essence, this plant would be a "substitute" for plants which are already in existence in our immediate area. He explained that the power which would be generated from this plant depends on the time of year, namely, in the spring and at other times when we have an excess of rain. This means that the power is not available at the times when it is most needed, that being in the middle of the summer, and in the middle of winter. He remarked that this is poor power in terms of contributing to • 4 the state's needs. He stated that the only way that this would be economically viable would be for customers to subsidize the project, that being paying a higher rate that is much higher than the true value of the power itself. RESPONSE TO THE PUBLIC: Alderperson Nichols expressed his support in exploring all of the options available, including the financial aspects. He also supports the involvement of our State Assemblyman and our own legal staff as well as Congressman McHugh. He stressed the fact that Council will know what options are available before any decisions are made. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Rental Housing Task Force Steve Jackson, 142 Giles Street, spoke to Council as Chair of the Rental Housing Task Force. He commented on some of the issues the Task Force is involved in and on some of the topics which will be addressed at future meetings. He hopes that sometime in March, the Task Force will move from what is now essentially an information gathering stage to exploring, in detail, possible actions and strategies to recommend to Council. Board of Public Works Commissioner Reeves reported on the following items for the Board of Public Works: Hudson Street Reconstruction Project - The Department of Public Works has received the preliminary report on the Hudson Street Reconstruction Project from MacNeill Engineers. There will be a public information meeting on Wednesday, February 8, 1989, at 7:00 P.M. at South Hill School. 1,40) Street Cleaning, Trash Collection and Litter in Collegetown The Board is continuing its investigation and discussion regarding the litter, trash collection and street cleaning problems in the Collegetown area. A meeting was held with city personnel, Alderperson Killeen and various Collegetown merchants on January 23, 1989. She thanked Alderperson Killeen for his assistance. Elmira Road Sidewalks - Commissioner Reeves stated that the issue of the Elmira Road sidewalks continues to be a dilemma and that opposition from the merchants is very strong, however, paths along the road indicate pedestrian traffic. The Board is receiving additional information from Alderperson Romanowski and Alderperson Schlather. Their information has been very helpful. An official study will be done in the form of pedestrian counts in the spring. All areas will continue to be investigated. Commissioner Reeves answered questions from Council members. Planning and Development Board Alderperson Killeen reported on the Cluster Zoning Ordinance and stated that the Board supports the proposed ordinance as it is written. He stated that specific suggestions will be forthcoming in the months ahead and that there was no agreement on any specific changes which could be offered at this time. Alderperson Killeen answered questions from Council members. COMMUNICATIONS FROM THE MAYOR: Ithaca Centennial Commission The City has received from the Ithaca Centennial Commission, a plaque which will be displayed appropriately in City Hall. 96 Route 96 Mayor Gutenberger reported on the meeting which he attended in Syracuse, New York regarding the Route 96 Project. He stated that any comments Common Council would like to make to the Department of Transportation about the Route 96 Project would be appropriate. Planning and Development Director Van Cort made additional comments regarding the Route 96 Project. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of James Cutia to the Youth Bureau Advisory Board with a term to expire December 31, 1991. Carried Unanimously Board of Appeals on Building Code Mayor Gutenberger requested approval of Council for the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Carried Unanimously Community Police Board Mayor Gutenberger requested approval of Council for the re- appointment of Deborah Manning, 321 N. Albany St., to the Community Police Board with a term to expire December 31, 1991. Mayor Gutenberger answered questions from Council members. Ithaca Kiwanis Club Mayor Gutenberger reported that Ithaca Police Officer, Allen Cruise, has received the "Officer of The Month Award" from the Ithaca Kawanis Club for January 1989. He was cited for his alertness and initiative in bringing about the apprehension of two persons who were later charged with a burglary. Mayor Gutenberger congratulated Officer Cruise on a job well done. LO MAYOR'S APPOINTMENTS: LO Building Commissioner IEMayor Gutenberger requested approval of Common Council for the of Eric Datz to the position of Building mappointment Commissioner of the City of Ithaca at a salary of $40,281, Q effective February 6, 1989. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Common Council approves the appointment of Eric Datz as Building Commissioner of the City of Ithaca, at a salary of $40,281, effective February 6, 1989. Carried Unanimously Mr. Datz took the Oath of Office and was sworn in by City Clerk Paolangeli. Youth Bureau Advisory Board Mayor Gutenberger requested approval of Council for the re- appointment of James Cutia, 147 Northview Road, to the Youth Bureau Advisory Board with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of James Cutia to the Youth Bureau Advisory Board with a term to expire December 31, 1991. Carried Unanimously Board of Appeals on Building Code Mayor Gutenberger requested approval of Council for the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Carried Unanimously Community Police Board Mayor Gutenberger requested approval of Council for the re- appointment of Deborah Manning, 321 N. Albany St., to the Community Police Board with a term to expire December 31, 1991. 386 M Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Deborah Manning, 321 N. Albany St., to the Community Police Board with a term to expire December 31, 1991. Carried Unanimously Housing Board of Review' Mayor Gutenberger requested approval of Council for the re- appointment of Douglas Look, 419 E. Buffalo St., to the Housing Board of Review with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Douglas Look, 419 E. Buffalo St., to the Housing Board of Review with a term to expire December 31, 1991. Carried Unanimously Affirmative Action Committee Mayor Gutenberger requested approval of Council for the appointment of Thomas West, 372 Troy Road, (as DPW Representative), to the Affirmative Action Committee with a term to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Thomas West, 372 Troy Road, (as DPW Representative) , to the Affirmative Action Committee with a term to expire December 31, 1991. Carried Unanimously Board of Public Works Mayor Gutenberger requested approval of Council for the appointment of Philip Cox, 221 Cornell Street, to the position of Commissioner of the Board of Public Works, with a term to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Philip Cox, 221 Cornell Street, to the position of Commissioner of the Board of Public Works with a term to expire December 31, 1991. Carried Unanimously Conservation Advisory Council Mayor Gutenberger requested approval of Council for the appointment of Judith W. Jones, 112 E. York Street to the Conservation Advisory Council, with a term to expire December 31, 1990. Resolution By Alderperson Johnson Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Judith Jones to the Conservation Advisory Council, with a term to expire December 31, 1990. Carried Unanimously Youth Bureau City /County Ad Hoc Committee Mayor Gutenberger reported he has made the following appointments as City Representatives to the Youth Bureau City /County Ad Hoc Committee: Carolyn Peterson, representing Human Services Committee; Richard Booth, as Council Liaison to the Youth Bureau Board; Sam Cohen, representing the Youth Bureau staff; and Bud Shattuck, representing the Youth Bureau Board. 387 7 REPORT OF CITY CLERY -,: *12.1 A ointment of Election Custodians for 1989 Resolution By Alderperson Romanowski: Seconded by Alderperson Johnson RESOLVED, That Michael Mosely and Claude Colleyacme be appointed as Election Custodians for the City of Ithaca, New York for the year 1989. Carried Unanimously (Woo", City Clerk Paolangeli mentioned the upcoming elections and the fact that the Fire Stations will not be available for use as polling places and that consideration needs to be given as to alternatives for these polling places. WHEREAS, evaluation of the potential effects of the proposed regulations indicates that identifiable negative impacts are unlikely to be significant, while the intended positive results will be modest improvements in the design of individual projects, and an overall, long -term cumulative benefit to the community; now, therefore, be it RESOLVED, That this Common Council, as lead agency for environmental review in this matter, does hereby adopt as its own the findings and conclusions set forth, and be it further RESOLVED, That this Common Council, as lead agency, does determine that the proposed action at issue will not have a significant negative effect on the environment and that further environmental review is unnecessary under the circumstances, and be it further CITY ATTORNEY'S REPORT Lytel reported to Attorney Nash that the New York Alderperson State Cable Commission decided today that the American Cablevision Franchise with the City of Ithaca will L.0 be for a period of ten (10) years. be Iq LO Alderperson Nichols asked City Attorney Nash the present brief status of the "Wilcox Case ". City Attorney Nash gave a m summary of the current situation as it stands now. Q Attorney Nash reported on the Building Department's "Order to Vacate" at a fraternity at Cornell University, Beta Delta Chi, 800 University Avenue. This order was issued due to various violations of the city's building code. The city was served with an "Order to Show Cause" which stayed the order to vacate and the city was ordered to appear in Court. The city appeared and presented documents supporting the city's action and argued that the Court should re- instate the city's order. At this point we have not received a decision from the Judge. CHARTER AND ORDINANCE COMMITTEE: *15.3 Environmental Review Regarding Site Development_ Plan Review Ordinance By Alderperson Booth: Seconded by Alderperson Nichols WHEREAS, it has been proposed to establish a requirement that plans for the development of certain sites within the city be reviewed and approved under a set of guidelines intended to promote a greater degree of design amenity and environmental compatibility for subject developments than can be achieved under existing city legislation, and WHEREAS, an ordinance and implementing regulations have been drafted for that purpose, refined through extensive public debate and comment, and put before this Common Council for final consideration, and WHEREAS, evaluation of the potential effects of the proposed regulations indicates that identifiable negative impacts are unlikely to be significant, while the intended positive results will be modest improvements in the design of individual projects, and an overall, long -term cumulative benefit to the community; now, therefore, be it RESOLVED, That this Common Council, as lead agency for environmental review in this matter, does hereby adopt as its own the findings and conclusions set forth, and be it further RESOLVED, That this Common Council, as lead agency, does determine that the proposed action at issue will not have a significant negative effect on the environment and that further environmental review is unnecessary under the circumstances, and be it further 385 RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously Alderperson Cummings commended Staff and the Charter and Ordinance Committee for all their work on this Ordinance. *15.4 An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Killeen BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, New York as follows: ORDINANCE NO. 89 - AN ORDINANCE ESTABLISHING CHAPTER 39 ENTITLED 'SITE DEVELOPMENT PLAN REVIEW' OF THE CITY OF ITHACA MUNICIPAL CODE 39.1 Intent It is the intent of this ordinance to promote the health, safety and general welfare of the residents of the City of Ithaca by assuring that the development or redevelopment of land is appropriate and compatible with the development of adjacent or neighboring land. It is further intended to ensure the conservation and enhancement of natural and man -made resources within the City of Ithaca through a process of review and approval of site development plans. It is not intended to prohibit development that is otherwise permitted under the applicable zoning regulations. Rather it is intended to improve the design, function, aesthetics and safety of projects and site plans, which are otherwise in conformance with zoning regulations. It is also intended that this site review process be conducted in a timely fashion and that smaller, less complex projects will be reviewed as quickly as possible. 39.2 Applicability A. Except as noted in Subdivision B, all development which requires a building permit, including additions and expansions of existing development, redevelopment of existing uses, modifications to previously approved site plans, or any other activity which alters the physical characteristics or use of property within the City of Ithaca, shall be subject to Site Development Plan Review. For any activity which is subject to Site Development Plan Review, no physical changes may be made to a site until the process of Site Development Plan Review has been completed and an approved site plan has been authorized. B. The provisions of this Chapter shall not apply to the following exceptions: 1. Existing uses and development which in their present configuration and use are legally authorized as of the date this ordinance becomes effective. For the purposes of this ordinance only, a use or structure shall be considered to be legally authorized if it has received a valid building permit prior to the date this ordinance becomes effective and is fully completed in accordance with the approved plans within two (2) years of the date of the issuance of the building permit. 2. Any of the following expansions of or additions to existing development, including the addition of accessory uses: W, 389 9 a. The total expansion of an existing building that does not exceed five thousand (5,000) square feet; b. The total expansion of an existing building that does not exceed twenty -five (25) percent of the total gross floor area of the existing building or ten thousand (10,000) square feet, whichever is (Woo,( less; C. The total expansion to site improvements that do not exceed five thousand (5,000) square feet; d. The total expansion to site improvements that do not exceed twenty -five (25) percent of the area of the existing improved site or ten thousand (10,000) square feet, whichever is less. With respect to sub - paragraphs c and d site In improvements include driveways, parking In areas, sidewalks, landscaping or any other changes made to the natural condition of the site. M 3. Ordinary exterior maintenance or repair to existing structures or uses. 4. Interior alterations to existing structures, including changes in use which do not involve exterior alterations. 5. Signs in connection with existing uses or development that are not otherwise subject to the provisions of Site Development Plan Review. 6. Subdivisions which are subject to regulation under Chapter 31 of the City of Ithaca Municipal Code. 7. The development of five (5) or fewer residential dwelling units, including additions thereto which do not result in additional dwelling units, and related accessory structures and land -use activities. 8. The development of any non - residential use totalling less than five thousand (5,000) square feet in area, including the total gross building floor area plus any associated vehicle parking and maneuvering areas, provided that it is located in a non - residential zoning district and is not located on a site which is either contiguous to a residential zoning district or across the street from a residential zoning district. 9. Parking lots or parking facilities containing less than ten (10) vehicle parking spaces. C. This Chapter shall not govern projects undertaken by the City of Ithaca, provided: 1. All City development projects that cost more than five hundred thousand dollars ($500,000), other than maintenance, repair and reconstruction projects, shall be submitted by the responsible City agency to the Board of Planning and Development for an advisory review to be conducted by the Board pursuant to this Chapter. 390 10 2. The Board may make such findings regarding such proposal and recommendations for altering it, as the Board may determine appropriate. The responsible City agency shall utilize the advisory findings and recommendations in making its determinations regarding the project. 3. The Board shall conduct its review of City development projects pursuant to this subdivision as expeditiously as possible. 4. No City agency may undertake a project subject to the advisory review contemplated by this subdivision until the Board of Planning and Development has completed that review, including the issuance of any findings and recommendations the Board determines are appropriate. 5. Common Council may exempt any particular City development project from the advisory review process provided by this subdivision. 39.3 Permits Not To Be Issued No building permit for the use, preparation for use, or development of any property, other than as specified in Section 39.2 (B) above, shall be issued by the Building Commissioner of the City of Ithaca, nor shall any Variance or Special Use Permit for an action requiring Site Development Plan Review be approved by the Board of Zoning Appeals, until a Site Development Plan for the proposed project has first been approved by the Board of Planning and Development. 39.4 Authorization To Review Site Development Plans The Board of Planning and Development of the City of Ithaca is hereby authorized to review and approve, approve with modifications, or disapprove site development plans for the development or use of property within the City of Ithaca, in accordance with the provisions of this Chapter. In performing such review, the Board of Planning and Development shall be governed by all applicable laws, ordinances and regulations. These include, but are not limited to, the Zoning Ordinance, Sign Ordinance, Subdivision Regulations, Landmarks Preservation Ordinance, and Environmental Quality Review Ordinance of the City of Ithaca; and the State Environmental Quality Review Act. 39.5 Site Development Plan Review Procedures A. Overview 1. Site Development Plan Review is initiated through the Building Department. Whenever an application is made to the City of Ithaca for a building permit for the use or development of property, the Building Commissioner shall review the proposed action for compliance with zoning and shall also determine whether Site Development Plan Review is required. Such determinations of the Building Commissioner may be appealed to the Board of Zoning Appeals. 2. If Site Development Plan Review is required, the Building Commissioner shall refer the matter to the Director of Planning and Development, who acts as the staff to the Board of Planning and Development. The Building Commissioner's referral shall indicate any areas in which the project is deficient with respect to zoning. The Building Commissioner shall also inform the applicant of the referral, stating that no building permit or zoning approval may be authorized by the Building Commissioner or the Board of Zoning Appeals IJ LO LO M Q 391 11 until an approved site development plan has been authorized by the Board of Planning and Development. 3. During the period when the Board of Planning and Development is considering the proposed site development plan, the Building Department may proceed with the code and plan compliance review normally required prior to issuance of a building permit. 4. The Site Development Plan Review process involves up to three steps. These steps are as follows: a. The Sketch Plan Conference is an optional informal conference between the applicant or a designated agent and the Director of Planning and Development. The purpose of the conference is to review the project to determine the extent of information that will need to be submitted as part of the formal application and to discuss potential site development issues that are likely to arise during the review. b. The second step is the Preliminary Site Development Plan Review, which involves a formal application to the Board of Planning and Development, including a complete environmental review, a public hearing on the project, and a review of the project by the Board. C. The third step is the Final Site Development Plan Review, in which the Board makes a final determination on the application, as revised. d. The Board may combine the second and third steps and give final approval to the application at the Preliminary Site Development Plan step, if the application and site plan is found to be acceptable by the Board. The Board will make every effort to expedite the Site Development Plan Review process by combining the second and third steps when appropriate and by providing for a timely review of each project. B. Sketch Plan Conference 1. An informal sketch plan conference may be held between the applicant or a designated agent and the Director of Planning and Development prior to the preparation and submission of a formal application and site plan. The function of a sketch plan conference is to inform the Director about the proposal, before the applicant has invested substantial time and effort in the preparation of plans. The Director may also advise the applicant about potential problems and concerns that may arise during the review and generally determine the level of information that will need to be submitted to the Board with an application for Preliminary Site Development Plan Review. 2. To aid in accomplishing these objectives, the applicant should provide as much information about the project as possible, including a sketch plan of the proposed layout of buildings, driveways, parking areas, landscaped areas, signs and other project elements; proposed changes to the natural features of the land; and the relationship of the project to adjacent or nearby existing land uses. 392 C. go 12 3. Based on the level of information about the project that is available at the Sketch Plan Conference, the Director may recommend that some of the information required for a Preliminary Site Development Plan Review application be waived. Waivers of the submission requirements shall be based on the scale and complexity of the project and the site plan issues relevant to the project. Environmental Review An environmental review of the impacts of the proposed project shall be required for each project subject to Site Development Plan Review. The Board of Planning and Development, as the City's lead reviewing agency, shall determine the appropriate level of environmental review and shall judge the completeness of each environmental review. An application for Preliminary Site Development Plan Review must contain a complete environmental review, including an Environmental Impact Statement if determined to be necessary, in order for it to be considered by the Board of Planning and Development. Preliminary Site Development Plan Review 1. An application for Preliminary Site Development Plan Review shall be made in writing to the Board of Planning and Development and shall be accompanied by information drawn from the following checklist, as determined necessary by the Director of Planning and Development or the Board. a. Site plans, at a scale not less than 1" = 201 (one inch equals twenty feet), including where applicable: i. Title of project, name and address of applicant, and name of person preparing such drawings. ii. North arrow, graphic scale, and date of drawing. iii. Boundaries of the property, with dimensions, plotted to scale. iv. Existing buildings and paved areas. V. Proposed buildings and paved areas, with exterior dimensions and ground floor elevations of buildings (e.g., U.S.G.S. data). vi. Grading and drainage plan, showing existing and proposed contours and other topographical features. vii. Provisions for pedestrian circulation to and within the site. viii. Location of outdoor storage and refuse areas. ix. Location and construction materials of all existing and proposed site improvements, including walls, fences, drains and culverts, water supply and sewers. X. Location of fire hydrants. �i I Ft 393 13 xi. Location of all energy collection and distribution facilities, including gas, electricity, wind and solar energy. xii. Location and type of existing and proposed signs. xiii. Location and type of outdoor lighting facilities. xiv. Designation of the location and amount of building area for each type of use on the site. xv. Type and location of existing vegetation on b. Schematic designs of the principal facades of proposed structures, and of any existing principal facade which is to be altered, including signs, at a scale determined appropriate by the Director of Planning and Development or the Board. C. An area map showing the entire property under consideration for development, all streets, rights -of -way and easements, and the general land -use and significant features of all property within one hundred (100) feet of the development site, including the mass and height of existing buildings. d. Any other information as may be considered necessary by the Director of Planning and Development or the Board. 2. For ease of preparation and presentation of complete site plans, separate drawings may be prepared to show the different elements of the project, such as separate grading, planting and site improvement plans, provided that each drawing also shows the shapes and locations of major proposed features, such as buildings, for reference. 3. Following timely receipt of a complete application for Preliminary Site Development Plan Review, including the completion of an environmental review at the level determined to be necessary, the Board of Planning and Development shall schedule consideration of the application at its earliest possible scheduled meeting. E. Coordination and Consultation 1. On receipt of an application for Site Development Plan Review, the Director of Planning and Development shall refer appropriate materials to other officials and agencies of the City of Ithaca for comment and necessary action, and where appropriate, to officials the site. xvi. General landscaping plan and planting LO schedule. LOLO xvii. Measures, devices or structures for erosion M and runoff control during and after m construction. Q xviii. Other elements integral to the proposed site development, including any so indicated by the Director of Planning and Development or the Board. b. Schematic designs of the principal facades of proposed structures, and of any existing principal facade which is to be altered, including signs, at a scale determined appropriate by the Director of Planning and Development or the Board. C. An area map showing the entire property under consideration for development, all streets, rights -of -way and easements, and the general land -use and significant features of all property within one hundred (100) feet of the development site, including the mass and height of existing buildings. d. Any other information as may be considered necessary by the Director of Planning and Development or the Board. 2. For ease of preparation and presentation of complete site plans, separate drawings may be prepared to show the different elements of the project, such as separate grading, planting and site improvement plans, provided that each drawing also shows the shapes and locations of major proposed features, such as buildings, for reference. 3. Following timely receipt of a complete application for Preliminary Site Development Plan Review, including the completion of an environmental review at the level determined to be necessary, the Board of Planning and Development shall schedule consideration of the application at its earliest possible scheduled meeting. E. Coordination and Consultation 1. On receipt of an application for Site Development Plan Review, the Director of Planning and Development shall refer appropriate materials to other officials and agencies of the City of Ithaca for comment and necessary action, and where appropriate, to officials 394 14 of other jurisdictions where required by law or as the Board deems desirable. 2. The Board of Planning and Development may consult with, and request reports from, agencies of the Federal, State or local governments, or any individuals or organizations that may be affected by the proposed project. F. Public Hearing Prior to rendering any decision on a Preliminary Site Development Plan application, the Board of Planning and Development shall first hold a public hearing on the proposed site development plan in order to allow interested persons an opportunity to comment on the plan. The public hearing shall be held within forty - five (45) days of the date a complete application for Preliminary Site Development Plan Review is made to the Board, including the completion of the appropriate level of environmental review as determined by the Board. Legal notice of the hearing shall be published in the city's official newspaper once at least five (5) days before the date of the public hearing. The notice of public hearing shall specify the time and place where the hearing will be held, a brief description of the proposed project and the place where the proposed site development plan may be reviewed. The applicant shall also place a notice in the form prescribed by the Board of Planning and Development at the project site. The public hearing shall be held in accordance with rules adopted by the Board of Planning and Development. The right to speak at a public hearing shall always be reserved for any city resident or property owner. G. Action on Preliminary Site Development Plan Review 1. Following the completion of a public hearing on the proposed site development plan, the Board of Planning and Development shall review the site development plan in accordance with the review criteria contained in Section 39.6 of this ordinance. The Board shall then make one of the following determinations: a. That the Preliminary Site Development Plan is approved as submitted, and that it shall be considered to be the Final Site Development Plan Review and approved as such. Every effort will be made to combine the Preliminary and Final reviews, when appropriate. b. That the Preliminary Site Development Plan is approved with modifications in the form of conditions, and that it shall be considered to be the Final Site Development Plan and approved as such. C. That the Preliminary Site Development Plan is approved in concept with modifications in the form of conditions, and that the applicant must submit a Final Site Development Plan which incorporates changes that will address the conditions specified by the Board of Planning and Development. d. That the Preliminary Site Development Plan is not approved. 19� 395 15 2. The Board's decision on the Preliminary Site Development Plan shall be made after the completion of the public hearing or at the next regularly scheduled meeting of the Board where site plan reviews are to be considered. Any decision of the Board shall be communicated in writing to the applicant. A copy of the minutes of the meeting at which the action was taken may serve as such notice. In the case where a site development plan has received final approval by (w000' the Board, the Board shall file a copy of its decision with the Building Commissioner and the City Clerk as soon as practicable, but in any case no more than five (5) days after the date of the Board's decision. The approved site development plan shall be binding on all further permits and approvals for the project. H. Final Site Development Plan Review M Following a decision by the Board of Planning and Iq Development that a Final Site Development Plan shall be LO required, the applicant shall prepare such plan and S' submit it to the Board for its consideration. The m Final Site Development Plan shall contain all of the information required to be submitted for a Preliminary Site Development Plan and shall incorporate changes that address the conditions imposed by the Board during its review of the Preliminary Site Development Plan. I. Action on the Final Site Development Plan The Board shall act on the Final Site Development Plan within forty -five (45) days of the submission of a complete plan, and shall render one of the following decisions: 1. That the Final Site Development Plan is approved as submitted. 2. That the Final Site Development Plan is approved with modifications in the form of conditions. 3. That the Final Site Development Plan is not approved, for specific reasons that are stated in the Board's written decision. The Board shall transmit its decision in writing to the applicant and shall file a copy of its decision with the Building Commissioner and City Clerk as soon as practicable but in no case more than five (5) days after the date of the decision. J. Submission of Application Materials The Board may develop, as it determines necessary, rules regarding the submission of application materials to be considered at scheduled meetings of the Board. The Board may also develop forms or check lists to provide guidance to applicants. All materials submitted by applicants should be complete, legible, and, in the case of drawings, sufficiently accurate and detailed to enable the Board and other reviewing officials to evaluate the adequacy of improvements as proposed and installed, as well as to obtain a clear understanding of the proposal as a whole. K. Modification of Approved Site Development Plan Modifications to approved site development plans must be submitted to the Board for review and approval as a new site development plan, unless the modification is exempted under Section 39.2 of this Ordinance. 396 16 L. Extension of Time Deadlines All time deadlines for decisions on a Site Development Plan Application may be extended upon mutual agreement by the Board of Planning and Development and the applicant. M. Other Permits An approved site development plan shall be binding on all further permits and approvals needed for the project. The Board's decision to approve a site development plan does not excuse an applicant from complying with all other permits and approvals that may be needed. 39.6 Review Criteria Review of Preliminary and Final Site Development Plans by the Board of Planning and Development shall include, as appropriate, but is not limited to, consideration of the following criteria. These criteria shall apply to activities that occur both during the construction of the project and after the project has been completed. The approved site development plan shall provide for satisfaction of each of the following criteria. A. The project shall avoid or mitigate any negative environmental impacts identified during the environmental review conducted in connection with the Site Development Plan Review process. B. The project shall provide adequate vehicular access and circulation. C. The project shall provide adequate pedestrian access and circulation. D. The location, arrangement, appearance and number of off - street parking and loading spaces shall be adequate to meet the demands created by the project. E. The project shall provide adequate stormwater retention and drainage facilities both during and after construction, including special attention to the adequacy and impact of structures, paving and landscaping in areas with susceptibility to flooding, ponding or erosion. F. The project shall provide adequate fire and emergency vehicle access. G. The project shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development, and to screen or buffer adjacent uses and public ways. H. The project shall provide an adequate arrangement, design and general compatibility of structures, buildings and signs. I. In the case of an apartment complex, townhouse development, or other multiple residence, the project shall provide adequate open space for play areas and informal recreation, as appropriate. D 0 ti i• �I 397 17 J. The project shall provide adequate protection of solar access for existing development or uses on adjacent or nearby properties. K. The project shall provide for adequate protection of significant natural features and areas, including, but not limited to, trees, views, watercourses or bodies of water, and landforms, on or near the site. L. The project shall provide for adequate protection of, or compatibility with, other nearby features and areas of importance to the community, including but not limited to parks, landmarks, and historic districts. M. The overall impact of the project on the surrounding area, including compatibility of design, shall be minimized. N. The project shall comply with all other regulations applicable to the development of, or development on, the subject site. 39.7 Application Fee An application fee shall be charged to each applicant for each site development plan that is reviewed by the Board of Planning and Development. Fees shall be charged in accordance with the following schedule, and shall be payable to the City of Ithaca upon the submission of a Preliminary Site Development Plan. Value of Site Improvements As Stated on Building Permit Application --------------------------- - - - - -- Less than $10,000 $10,000 to $100,000 Application Fee $50.00 $100.00 More than $100,000 $1 per $1,000 in value of site improvements. 39.8 Performance of Required Improvements Performance Bond A. No Certificate of Occupancy shall be issued until all improvements required as a condition of Final Site Development Plan approval are installed, or until a sufficient performance bond has been posted to guarantee the completion of improvements not yet made. The sufficiency, form, surety and manner of execution of such bond shall be approved by the City Attorney. The amount and term of such bond shall be set by the Board of Planning and Development after consultation with the City Attorney, City Engineer and other appropriate City officials. B. If the Board shall decide at any time during the term of the performance bond that certain improvements are no longer warranted, or that some improvements have been installed, or that additional improvements are necessary, the bond may be reduced or increased by an amount equal to the estimated cost of improvements not needed or needed in addition, or reduced by the actual costs of improvements completed, which actual cost shall be certified by applicant, provided that the 398 8 remaining bond is sufficient to cover the remaining needed improvements. C. In the event that required improvements have not been installed within the term of the performance bond, the Board may thereupon recommend to the Common Council that such bond be declared in default in the estimated amount necessary to install or complete such improvements, and that such amount shall be due the City. Upon receipt of such amount, the City shall install or cause to be installed the improvements to the extent commensurate with the extent of the development of the subject site plan that has taken place, but not exceeding in cost the amount received. D. If the Board or an appropriate City official shall find upon inspection that any of the required improvements has not been constructed in accordance with the site plan or conditions specified by the Board, then the applicant and the bonding agency, if any, shall be severally and jointly liable for the costs of completing or reconstructing said improvements as specified by the Board. E. Such performance bonds or portions thereof shall be released to the applicant only upon certification by applicant to the Board, and after an inspection report by an appropriate City official, that all required improvements or portions thereof have been satisfactorily completed. The Building Commissioner shall be responsible for the overall inspection of site improvements, including coordination with the Superintendent of Public Works, City Engineer and other officials and agencies, as appropriate. F. In lieu of requiring a performance bond to guarantee that required improvements are properly completed, the Board of Planning and Development shall have authority to require the applicant to incorporate appropriate deed restrictions in any deeds subsequently issued with respect to the subject property, or to require the applicant to provide for other recorded instruments to be filed respecting the subject property, that will guarantee that the required improvements are properly completed and maintained. 39.9 Expiration of Approval, Extension of Approval A. If construction of a development, for which a Site Development Plan has been approved, has not commenced within two years of the date of issuance of a building permit following final Site Development Plan approval, such approval shall expire. In such case, any other current permit for the project shall be suspended, revoked or otherwise held in abeyance as determined appropriate by the authority issuing such permit. B. Extensions of Site Development Plan approval may be granted by the Board of Planning and Development, provided that a written request and explanations of the need and duration of extension are received not less than ten days before a regular meeting of the Board. C. In the event of approval expiry, including extension if granted, the applicant shall repair any site preparation earthwork, including rough grading and foundation excavation, to return the site to a neat appearance and safe condition, as directed by the Building Commissioner. M, 399 19 Any person aggrieved by any decision of the Board of Planning and Development or of any officer or agency of the City may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and LO Rules. Such proceedings shall be initiated within thirty d" (30) days after the filing of a decision in the office of LO the City Clerk. 39.12 Severability Q If any section, paragraph or provision of this Ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of this Ordinance shall remain valid and effective. Carried Unanimously Alderperson Booth thanked the Planning and Development Board and Planning staff for the extensive amount of work which helped make this ordinance possible. *15.5 Environmental Review Regarding Cluster Zoning Ordinance By Alderperson Booth: Seconded by Alderperson Killeen CLUSTER SUBDIVISION ORDINANCE DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACTS WHEREAS, the matter of the adoption of an ordinance regulating the development of cluster subdivisions is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF) , and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including Part 617 regulations thereunder, and may be a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B)(5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form and Long Environmental Assessment Form dated January 11, 1989, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further 39.10 Enforcement Any person, corporation, or other legal entity who shall violate any provision of this ordinance, or any conditions imposed by a permit issued pursuant to final Site Development Plan approval as provided herein, shall be guilty of an offense and subject to a fine of not more than one thousand dollars ($1,000). Every such person or entity shall be deemed guilty of a (Wowl separate offense for each day such violation shall continue. 39.11 Appeal Any person aggrieved by any decision of the Board of Planning and Development or of any officer or agency of the City may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and LO Rules. Such proceedings shall be initiated within thirty d" (30) days after the filing of a decision in the office of LO the City Clerk. 39.12 Severability Q If any section, paragraph or provision of this Ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of this Ordinance shall remain valid and effective. Carried Unanimously Alderperson Booth thanked the Planning and Development Board and Planning staff for the extensive amount of work which helped make this ordinance possible. *15.5 Environmental Review Regarding Cluster Zoning Ordinance By Alderperson Booth: Seconded by Alderperson Killeen CLUSTER SUBDIVISION ORDINANCE DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACTS WHEREAS, the matter of the adoption of an ordinance regulating the development of cluster subdivisions is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF) , and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including Part 617 regulations thereunder, and may be a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B)(5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form and Long Environmental Assessment Form dated January 11, 1989, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further U1�1E 20 RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Discussion followed on the floor. Alderpersons Schlather and Romanowski expressed their opposition to the negative declaration resolution. A vote on the resolution resulted as follows: Ayes (7) - Cummings, Peterson, Nichols, Johnson, Lytel, Booth, Killeen Nays (3) - Schlather, Romanowski, Hoffman Carried *15.6 An Ordinance Amending Article I of Section 30.3 and Article II of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Cluster Zoning) - Lift From Table By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That Ordinance No 89- amending Article I, Section 30.3 and Article II of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Cluster Zoning) be lifted from the table. Alderperson Booth summarized and commented on the Cluster Zoning Ordinance. ORDINANCE NO. 89 - AN ORDINANCE AMENDING ARTICLE I, SECTION 30.3, AND ARTICLE II 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 ARTICLE I, SECTION 30.3 OF CHAPTER 30. That Article I, Section 30.3 is hereby amended to add the following new definition: 11104. 'Cluster Subdivision' shall mean a subdivision in which limited deviations from the regulations of a zoning district in which it is built are permitted in accordance with the provisions of Section 30.28 of the Municipal Code." SECTION 2. AMENDING ARTICLE II OF CHAPTER 30. That Article II of Chapter 30 is hereby amended to add the following new section: "Section 30.28 Cluster Subdivision Development A. Intent This section authorizes the Board of Planning and Development, during the process of subdivision plat approval pursuant to Chapter 31 of the Municipal Code, to make reasonable changes in the existing zoning regulations for the property affected so as to enable the development of a cluster subdivision. This authorization permits deviations in the district regulations applicable to the affected property, subject to the limitations contained in this section. Cluster subdivisions may be approved in order to promote the following purposes: 401 21 1. Cluster subdivisions may only be permitted in the R -la, R -lb, R -2a, R -2b, R -3a and R -3b zoning districts. 2. Cluster subdivisions shall contain only those primary uses and accessory uses which are permitted in the zoning district in which the cluster subdivision is proposed, except as permitted by Paragraph B.3. 3. The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted: a. Building type for residential uses; provided that in the R -1a and R -1b districts, only one - family detached dwellings are permitted as primary uses; and in the R -2a and R -2b districts, no more than two dwelling units may be attached to form a single building, provided that each dwelling unit shall have a separate ground -level entrance. b. Lot area. C. Lot width at street line. d. Maximum percentage of land coverage by buildings on any individual lot within the cluster subdivision; provided that the total percentage of land coverage by all buildings in the cluster subdivision shall not exceed the following percentages for the zoning district in which the cluster subdivision is located: i. R -la 200 ii. R -lb 25% iii. R -2a 30% iv. R -2b 35% V. R -3a 35% vi. R -3b 40% 1. The preservation and enhancement of open spaces, water courses, wetlands and areas designated as critical environmental areas. 2. The development of active and passive recreation areas. 3. The development of residential dwelling units in forms which are consistent with the public welfare and which Q4001 provide reasonable safeguards to the appropriate use of adjoining land. 4. Efficient and cost - effective development of roads, sidewalks, utilities, water and sewer lines and other forms of public and private infrastructure. 5. The development of housing that is more affordable than that normally developed under conventional zoning LO regulations. LO LO B. Authorization and Minimum Requirements for Cluster Subdivisions. M The Board of Planning and Development is authorized, Q upon petition by an applicant for subdivision approval, to approve a cluster subdivision that includes reasonable deviations from the existing regulations of the zoning district in which the subdivision is located, in accordance with the following limitations: 1. Cluster subdivisions may only be permitted in the R -la, R -lb, R -2a, R -2b, R -3a and R -3b zoning districts. 2. Cluster subdivisions shall contain only those primary uses and accessory uses which are permitted in the zoning district in which the cluster subdivision is proposed, except as permitted by Paragraph B.3. 3. The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted: a. Building type for residential uses; provided that in the R -1a and R -1b districts, only one - family detached dwellings are permitted as primary uses; and in the R -2a and R -2b districts, no more than two dwelling units may be attached to form a single building, provided that each dwelling unit shall have a separate ground -level entrance. b. Lot area. C. Lot width at street line. d. Maximum percentage of land coverage by buildings on any individual lot within the cluster subdivision; provided that the total percentage of land coverage by all buildings in the cluster subdivision shall not exceed the following percentages for the zoning district in which the cluster subdivision is located: i. R -la 200 ii. R -lb 25% iii. R -2a 30% iv. R -2b 35% V. R -3a 35% vi. R -3b 40% 402 22 e. Front, side and rear yard dimensions, provided that all buildings in a cluster subdivision shall have a front yard of at least twenty -five (25) feet in the R -la, R -1b, and R -2a zones and ten (10) feet in the R -2b, R -3a and R -3b zones; and further provided that all buildings in a cluster subdivision shall be at least the following number of feet from the boundary of a cluster subdivision where it abuts land (other than a public right -of -way) that is not part of the cluster subdivision: in the R -1 districts, forty (40) feet; in the R -2 and R -3 districts, twenty (20) feet. 4. The maximum number of dwelling units permitted in a cluster subdivision shall not exceed the number of dwelling units that would be permitted on the site in a conventional subdivision under the conventional zoning regulations for the zoning district in which the cluster subdivision is proposed, subject to all applicable development regulations applying to the property in question, plus any other restriction which the Board of Planning and Development has the authority to impose pursuant to Chapter 31 of the Municipal Code. 5. Any reduction in the lot area for buildings in a cluster subdivision beyond the minimum allowed in the zoning district in which the subdivision is located shall require the reservation of an equivalent amount of land as open space, passive recreation area or active recreation area. Wetlands, flood plains, steep slopes or other areas not normally appropriate for building construction shall not account for more than fifty (50) percent of the land area reserved. 6. All open space or recreation areas reserved in accordance with Paragraph 5 of this subdivision shall be dedicated as common land for the benefit of the members of the subdivision. The development, operation and maintenance of this property shall be in accordance with the approved site development plan and in a manner that is consistent with the public welfare. C. Approval of Cluster Subdivisions 1. The Board of Planning and Development may consider a developer's request for approval of a cluster subdivision or may require that a developer prepare and submit plans for a cluster subdivision that contains no greater number of dwelling units than that proposed by the developer. The Board shall adopt rules and regulations setting forth the criteria pursuant to which such an application may be required. The approval of a cluster subdivision shall follow the rules and procedures contained in Chapter 31 of the City of Ithaca Municipal Code, Subdivision Regulation. 2. Developers submitting a cluster subdivision plan shall submit two subdivision plans, one showing the land developed under the conventional zoning regulations and the other showing development under the cluster option. In addition to the requirements of Chapter 31 of the Municipal Code, the developer shall submit the following information on or with the cluster subdivision plan. 40;3 23 a. An area plan showing the proposed cluster subdivision and all existing land use and major natural features of the land within five hundred (500) feet of the project site. b. A site development plan showing the location, size, use and physical features of all proposed buildings and QUO., accessory uses; the location and design of vehicular and pedestrian access and the location of proposed parking areas. subdivision. f. Environmental review of the project at a level deemed appropriate by the Board of Planning and Development. g. Any other information that the Board of Planning and Development may reasonably require. 3. The approval of a cluster subdivision shall constitute the approval of a site development plan for the affected area. No development shall occur on the site that is not in strict conformance with the elements of the approved site development plan, nor shall the plan be modified without the approval of the Board of Planning and Development. 4. A cluster subdivision shall not be approved unless the Board of Planning and Development makes the following affirmative findings, and states in writing the facts that support those findings: a. That the development is found to be compatible in terms of appearance, character and overall density with both the existing and potential development in the surrounding area. b. That the development will not place an unreasonable burden on the public roads or utilities that will service the project. C. That the development will promote the preservation of open space and natural resources within the neighborhood to a greater degree than would conventional development. C. A landscaping plan showing the type and location of all existing trees, vegetation and natural features on the site; the identification of all existing vegetation to be preserved; the (� identification of all new vegetation to d- be added; and the location and type of LO fences, berms or buffer areas. d. A plan showing the boundaries of common M areas to be reserved, and the proposed Q use, development and maintenance of those spaces. e. Elevations of typical dwelling units to be constructed in the cluster subdivision. f. Environmental review of the project at a level deemed appropriate by the Board of Planning and Development. g. Any other information that the Board of Planning and Development may reasonably require. 3. The approval of a cluster subdivision shall constitute the approval of a site development plan for the affected area. No development shall occur on the site that is not in strict conformance with the elements of the approved site development plan, nor shall the plan be modified without the approval of the Board of Planning and Development. 4. A cluster subdivision shall not be approved unless the Board of Planning and Development makes the following affirmative findings, and states in writing the facts that support those findings: a. That the development is found to be compatible in terms of appearance, character and overall density with both the existing and potential development in the surrounding area. b. That the development will not place an unreasonable burden on the public roads or utilities that will service the project. C. That the development will promote the preservation of open space and natural resources within the neighborhood to a greater degree than would conventional development. I.' 24 d. That the development is consistent with the public welfare and that the appropriate use of adjoining land is reasonably safeguarded. e. That the development will not have an undue adverse impact on any critical area listed in Section 36.5(B)(1)(1) of the Municipal Code. f. That the development complies with the approved street plan and master plan, if any, for the area." SECTION 3. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. Alderperson Schlather voiced his strong opposition to the ordinance. Alderpersons Hoffman and Peterson also stated their opposition. A vote on the resolution resulted as follows: Ayes (6) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen Nays (4) - Romanowski, Schlather, Hoffman, Peterson Carried PLANNING AND DEVELOPMENT COMMITTEE: *18.5 Sale of Land on Floral Avenue _ toINHS /Mutual Housinq Association By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, Common Council has previously expressed an interest in selling tax parcel 77 -2 -6 on Floral Avenue to Ithaca Neighborhood Housing Services, Inc. /Mutual Housing Assn., and WHEREAS, the attorneys for the City and for INHS have recommended that a straight cash sale would facilitate this transaction; now, therefore be it RESOLVED that Common Council does Ithaca Urban Renewal Agency dispose INHS /Mutual Housing Association requirements of State and local law procedures for such transactions in the Common Council. Discussion followed on the floor. hereby direct that the of said city land to the in accordance with the and the established IURA cluding final approval by Alderperson Cummings urged the Council to vote 'yes' on this resolution. She commented that Neighborhood Housing Services is proceeding with Mutual Housing Association plans on the site as we have seen those plans presented to us at our last Community Development application go- round. Alderperson Schlather asked if conditions for sale of this property could include the swapping of land or the granting of easements or restrictions on the land which is located to the west of Chestnut Street. Alderperson Cummings responded that that was not INHS's wish. She stated that her understanding of the intention of this resolution is for a straight cash sale, not to include contingencies. 0 405 Main Motion as Amended Further discussion followed on the floor on the Main Motion as Amended. Substitute Resolution By Alderperson Hoffman: Seconded by Alderperson Schlather RESOLVED, That a substitute resolution be enacted deleting the words "Ithaca Urban Renewal Agency" from the resolution, and the words "Common Council" be inserted in its place, to read as follows in the resolved: "That Common Council does hereby begin the procedure to dispose of said city land to the INHS /Mutual Housing Association in accordance with the requirements of State and local law and the established procedures for such transactions including final approval by the Common Council ". Discussion followed on the floor on the substitute resolution. A vote of the substitute resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Booth, Hoffman Nays (6) - Peterson, Cummings, Lytel, Killeen, Johnson, Nichols Motion Fails Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Nichols, Lytel, Cummings, Johnson, Peterson, Hoffman, Killeen, Romanowski Nay (1) - Booth Carried 25 Alderperson Schlather asked why INNS is resistant to using, as this part of the negotiations for the purchase of property, the west side of Chestnut Street. He the land which is on that neighbors have approached him with this as stated something that is of interest to the neighborhood because it would preserve green space between West Village and some of the that single family and two - family homes that back up onto not only a buffer but a particular parcel. It would provide (600e park type area. Dennis Wille, from INHS, explained the plans that INHS has for the Floral Avenue parcel and answered questions from Council. Planning and Development Director Van Cort responded to questions from Council and stated that if the city wants the land west of Chestnut Street as a public park and it has value to INHS as a developable site, then the city should compensate INHS by a cash sale. Further discussion followed on the floor on the possibility of (O the city acquiring the land to the west of Chestnut Street. r M Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski Q RESOLVED, That the second WHEREAS of the resolution, which reads as follows "whereas, the attorneys for the city and for INHS have recommended that a straight cash sale would facilitate this transaction" be deleted. A vote on the amendment resulted as follows: Ayes (6) - Schlather, Romanowski, Nichols, Booth, Killeen, Hoffman Nays (4) - Peterson, Cummings, Lytel, Johnson Carried Main Motion as Amended Further discussion followed on the floor on the Main Motion as Amended. Substitute Resolution By Alderperson Hoffman: Seconded by Alderperson Schlather RESOLVED, That a substitute resolution be enacted deleting the words "Ithaca Urban Renewal Agency" from the resolution, and the words "Common Council" be inserted in its place, to read as follows in the resolved: "That Common Council does hereby begin the procedure to dispose of said city land to the INHS /Mutual Housing Association in accordance with the requirements of State and local law and the established procedures for such transactions including final approval by the Common Council ". Discussion followed on the floor on the substitute resolution. A vote of the substitute resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Booth, Hoffman Nays (6) - Peterson, Cummings, Lytel, Killeen, Johnson, Nichols Motion Fails Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Nichols, Lytel, Cummings, Johnson, Peterson, Hoffman, Killeen, Romanowski Nay (1) - Booth Carried 406 26 *18.6 Hydropower Legislative Options By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED that Common Council does hereby request Congressman Matthew McHugh, Assemblyman Martin Luster and State Senator James Seward to fully explore all legislative options available for exempting the Ithaca Falls and Sixty Foot Dam sites from hydropower development and to report their findings to the City of Ithaca Common Council. Alderperson Hoffman stated that it is the feeling of the hydropower commission that the city should be exploring with equal effort all the possible outcomes of this particular issue. A vote on the resolution resulted as follows: Carried Unanimously *18.7 Hydropower Legal Options By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, there is still some question in the community of the ability of the City to gain long -term protection of potential sites from hydropower development; now, therefore, be it RESOLVED that Common Council hereby directs the City Attorney to investigate thoroughly the legal options for long term protection of the Ithaca Falls and Sixty Foot Dam sites from hydropower development. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously RECESS Common Council recessed at 9:35 p.m. and reconvened in regular session at 9:45 p.m. CHARTER AND ORDINANCE COMMITTEE: *15.1 Delegation of Authority to Cable TV Commission WHEREAS, the City of Ithaca did establish by resolution of the Common Council an "Advisory Committee on Cable Television" consisting of five persons on February 24, 1975, which committee continues to meet and operate under the name of "The Cable Commission ", and WHEREAS, the City of Ithaca has recently entered into a new cable television franchise agreement with American Community Cablevision, which provides in Section 24.9 thereof that "the Mayor or the Cable Commission shall be responsible for the continuing administration of this Franchise," and WHEREAS, the City of Ithaca has also recently adopted a "Cable Communications Ordinance," which provides in Section 64.5 (5.1) thereof that the authority under said Ordinance "shall be vested in the Common Council or its designee to provide day -to- day administration and enforcement of the provisions of this Ordinance and any Franchise granted hereunder, and to carry out the City's responsibility with regard to cable communication," and WHEREAS, Common Council desires to officially rename the "Advisory Committee on Cable Television" and designate it under said Ordinance; now, therefore, be it RESOLVED, That the "Advisory Committee on Cable Television "established by resolution of the Common Council on February 24,1975 is officially renamed "The Cable Commission." The Cable Commission shall continue to have five voting members, who shall serve five year terms. Present members of the "Advisory Committee on Cable Television" shall continue as 0 I rn 407 The City of Ithaca shall not be liable for the damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building, or other city owned property or structure being out of repair, unsafe, dangerous or obstructed by snow, ice, or otherwise, or in any way or manner, including but not limited to protruding pipes, 27 members of "The Cable Commission through the balance of their the terms. New members shall be appointed by the Mayor with Council, approval of Common Council. One member of Common non voting appointed in the same manner, shall also serve as a At the first meeting of each member of The Cable Commission. shall elect a Chair, a Vice -Chair year, The Cable Commission shall adopt a schedule of monthly meetings. and a Secretary and the minutes of each meeting shall be transmitted to Copies of the Mayor and Common Council, and be it further (W0001 RESOLVED, That The Cable Commission is hereby designated to provide day -to -day administration and enforcement of the „ of the Cable Communications Ordinance" and any provisions Franchise granted thereunder, and to carry out the City's responsibility with regard to cable communications pursuant to Cable Communications Ordinance Section 64.5 (5.1), subject to review by Common Council as it deems appropriate at any time. Alderperson Lytel stated for the record that day -to -day administration and enforcement of the provisions of the LO franchise does not include the findings and determinations of breach of the contract which under the franchise and ordinance is reserved to the Common Council. M 'Q City Attorney Nash agreed that the ultimate determination of breach is reserved to Council. A vote on the resolution resulted as follows: Ayes (9) - Booth, Schlather, Cummings, Lytel, Johnson, Hoffman, Peterson, Nichols, Killeen Abstention (1) - Romanowski (Conflict of Interest) Carried the resolution on Cable It was noted for the record that above Television should be included in the section entitled "Resolutions" in the City of Ithaca Municipal Code. *15.2 Amendment to Section 7.10 of the City Charter Respecting Liability of the City for a Defect on City Property Where the Cit Has Not Received Written Notice of That Defect Local Law By Alderperson Booth: Seconded by Alderperson Killeen LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW AMENDING ARTICLE 7, SECTION 7.10 ENTITLED 'LIABILITY FOR SIDEWALK INJURIES' 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 7.10 OF THE CITY OF ITHACA CHARTER. Article 7, Section 7.10 of the City of Ithaca Charter is hereby amended to read as follows: SECTION 7.10 LIABILITY FOR DAMAGE AND INJURIES OCCURRING ON CI`T'Y PROPERTY. The City of Ithaca shall not be liable for the damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building, or other city owned property or structure being out of repair, unsafe, dangerous or obstructed by snow, ice, or otherwise, or in any way or manner, including but not limited to protruding pipes, 408 W metal plates or covers, or other objects, unless written notice of the defective, unsafe, dangerous, obstructed or concealed conditions of said street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building or other city owned property or structure shall have been given to the Board of Public Works of the City of Ithaca, by delivery to the Office of the City Clerk or to the Office of the Superintendent of Public Works at least 24 hours previous to said damage or injury. This section applies to claims of infants and all other persons. Any and all actions maintained for damages or injuries to person or property caused or sustained as aforesaid shall be commenced in accordance with the requirements of section 50(e) and (i) of the New York State General Municipal Law. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Alderperson Booth explained the purpose of this Local Law. Discussion followed on the floor. Alderperson Schlather argued against the Local Law and explained why he will vote against it. He believes this Local Law is fundamentally unfair to the victim. Further discussion followed on the floor. A vote on the Local Law resulted as follows: Ayes (7) - Lytel, Cummings, Nichols, Johnson, Booth, Peterson, Hoffman Nays (3) - Romanowski, Schlather, Killeen Carried *15.7 Zoning Changes for Parcels of Land Located Along Green Street on Which Tompkins County Plans to Build a New Mental Health Building - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending the Official Zoning Map 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 Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, March 1, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously 40,E 29 Beginning at a point on the northwest corner of tax parcel number 81 -3 -2, thence easterly along the northern boundary of tax parcel number 81 -3 -2 a distance of 39 feet to a point on the northern boundary of tax parcel number 81 -3 -2, thence northeasterly a distance of 30 feet to a point on the western boundary of tax parcel number 70 -8 -13 that is 16 feet north of the intersection of the northern boundary of tax parcel number 81 -3 -2 and the western boundary of tax parcel number 70 -8 -13, thence southerly along the western boundary of tax parcel number 70 -8 -13 a distance of approximately 56 feet to the southwest corner of tax parcel number 70 -8 -13, thence southwesterly along the northern boundary of the rim of Six Mile Creek a distance of approxi- mately 75 feet to the southwest corner of tax parcel number 81 -3 -2, thence northerly along the western boundary of tax parcel number 81 -3 -2 a distance of approximately 91 feet to the point of beginning. This area includes a portion of the right -of -way of South Tioga Street. 3. That the "Official Zoning Map of the City of Ithaca, New York" is hereby amended and changed so that the following described area presently located in. the B -2b, Business District, is reclassified and changed to the P -1, Public and Institutional District: All that tract of parcel of land described as follows: Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary ORDINANCE NO. 89 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE Council of the City BE IT ORDAINED AND ENACTED by the Common of Ithaca, New York as follows: SECTION 1. AMENDING THE ZONING MAP. (400e, 1. That the "Official Zoning Map of the City of Ithaca, New is hereby amended and changed so that York" as last amended, the following described area presently located in the B -2b, Business District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel LO number 70 -8 -11, thence easterly and southeasterly along the d northern boundary of tax parcel 70 -8 -11 a distance of LO approximately 150 feet to the northeast corner of tax parcel number 70 -8 -11, thence southeasterly along the eastern approxi- boundary of tax parcel number 70 -8 -11 a distance of mately 41 feet to the southeast corner of tax parcel number Q 70 -8 -11, thence southwesterly along the southern boundaries of tax parcel numbers 70 -8 -11 and 70 -8 -13 a distance of approximately 179 feet to the southwest corner of tax parcel number 70 -8 -13, thence northerly along the western boundaries of tax parcel numbers 70 -8 -13, 70 -8 -12 and 70 -8- 11 a distance of approximately 137 feet to the point of beginning. This area includes all of tax parcel numbers 70- 8-11, 70 -8 -12 and 70 -8 -13. 2. That the "Official Zoning Map of the City of Ithaca, New is hereby amended and changed so that York" as last amended, we the following described area presently located in the P -1, Public and Institutional District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel number 81 -3 -2, thence easterly along the northern boundary of tax parcel number 81 -3 -2 a distance of 39 feet to a point on the northern boundary of tax parcel number 81 -3 -2, thence northeasterly a distance of 30 feet to a point on the western boundary of tax parcel number 70 -8 -13 that is 16 feet north of the intersection of the northern boundary of tax parcel number 81 -3 -2 and the western boundary of tax parcel number 70 -8 -13, thence southerly along the western boundary of tax parcel number 70 -8 -13 a distance of approximately 56 feet to the southwest corner of tax parcel number 70 -8 -13, thence southwesterly along the northern boundary of the rim of Six Mile Creek a distance of approxi- mately 75 feet to the southwest corner of tax parcel number 81 -3 -2, thence northerly along the western boundary of tax parcel number 81 -3 -2 a distance of approximately 91 feet to the point of beginning. This area includes a portion of the right -of -way of South Tioga Street. 3. That the "Official Zoning Map of the City of Ithaca, New York" is hereby amended and changed so that the following described area presently located in. the B -2b, Business District, is reclassified and changed to the P -1, Public and Institutional District: All that tract of parcel of land described as follows: Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary 41() 30 Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary of tax parcel number 70 -8 -11 a distance of approximately 41 feet to the northeast corner of tax parcel number 70 -8 -11, thence northwesterly along the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 30 feet to a point approximately 120 feet east of the northwest corner of tax parcel number 70 -8 -11, thence easterly along a line that is the easterly continuation of the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 160 feet until it intersects the rim of Six Mile Creek, thence southeasterly along the rim of Six Mile Creek for a distance of approximately 135 to the point of beginning. This area includes a portion of the right -of -way of East Green Street. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth stated that Planning and Development Deputy Director Mazzarella will be doing an Environmental Review that will be presented at the March Common Council meeting and there will be a public hearing at that time. He urged Common Council to support the resolution. *15.8 Local Law to Remove Real Property Tax Exemption Provided Under Section 485 -b of the NYS Real Property Tax Law By Alderperson Booth: Seconded by Alderperson Nichols LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW REDUCING THE PER CENTUM EXEMPTION PROVIDED PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW SECTION 485 -b. BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. REDUCING THE PER CENTUM EXEMPTION PROVIDED PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW SECTION 485 -b. The per centum exemption from taxation and special ad valorem levies provided pursuant to New York State Real Property Tax Law Section 485 -b is hereby reduced to zero for all years; provided, however, that any project in course of construction and exemptions existing prior in time to passage of this local law shall not be subject to such reduction. SECTION 2. EFFECTIVE DATE. This local law shall take effect immediately after filing in the Office of the Secretary of State. Carried Unanimously Membership of Planning and Development Board - Report Alderperson Booth reported that this issue was not discussed at committee because they ran out of time. However, he has had discussions with Alderperson Killeen and Ms. Blumenthal, Chair of the Planning Board, and their feeling is that they would- like to examine this issue before Council makes changes. He asked Council if they wish to have the Charter and Ordinance Committee proceed quickly on this or are they willing to allow some period of time to go by before the committee consider it and bring back a recommendation to Council. I rt 31 Alderperson Cummings stated that she would very much like to have the Planning Board have an opportunity to examine the areas in which they feel there is a need for greater expertise. She suggested that there be a six month period for study of this matter. Council agreed to this timetable. BUDGET AND ADMINISTRATION COMMITTEE *16.1 Auditing Services By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the firm of Ciaschi, Dieters - Hagen, Schaufler and Mickelson be retained by the city to perform an examination of the City of Ithaca financial statements for the years ended December 31, 1989, 1990, and 1991, at a total cost not to exceed $38,500. Carried Unanimously *16.2 Police De artment Transfer of Funds By Alderperson Schlather: Seconded by Alderperson Hoffman l)1 RESOLVED, That an amount not to exceed $6,808 be transferred from Account A1990, Unrestricted Contingency, to Police °) Motor Vehicles, to allow for Department Account A3120 -215, increased costs of vehicles authorized to be purchased, as requested by the Police Chief. Carried Unanimously *16.4 Fire Department Transfer of Funds By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $134,850 be transferred from Account A1990, Restricted Contingency, to the following accounts of the Fire Department: A3410 -105 Administrative Salaries $40,692 (4000.1 A3410 -110 Staff Salaries 89,308 A3410 -415 Clothing 4,850 Carried Unanimously *16.5 Fire Department Personnel_ Roster By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the 1989 Authorized Personnel Roster of the Fire Department be amended as follows: Add - 1 Deputy Fire Chief Position Add - 4 Firefighter Positions Add - 1 P/T Volunteer Coordinator Position Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Johnson, Lytel, Peterson, Hoffman, Killeen, Romanowski, Booth, Nichols Nay (1) - Cummings Carried *16.21 Fire Protection Contract Amendment By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That Section Twelve of the Fire Protection Contract between the City of Ithaca and the Town of Ithaca be amended as follows: A. The addition of one Deputy Chief, with a new total of two. B. The addition of four Firefighters, with a new total of forty- eight. C. The addition of one half -time volunteer coordinator. D. That the total number of positions for the Fire Department be increased to 65 1/2, and be it further // W RESOLVED, That the projected operating costs for the base years 1989 and 1990 be amended to reflect the total adjusted cost related to said increased staffing levels. Carried Unanimously *16.6 Amend 1989 Adopted Budget By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the 1989 approved City Budget be amended as follows: Increase Revenues A3820 - State Aid, Youth Services $ 5,112 Increase Youth Bureau Appropriations A7310 -120 - P/T and Seasonal $ 4,954 A7310 -435 - Contractual Services 60 A7310 -445 - Travel and Mileage 48 A7310 -460 - Program Supplies 50 and that this be contingent upon approval of State Aid in the amount of $5,112. Carried Unanimously *16.7 Building Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1989 Authorized Personnel Roster of the Building Department be amended as follows: Add - 1 Senior Typist Position - 40 Hours Delete - 1 Senior Stenographer Position - 40 Hours Carried Unanimously *16.8 Capital Reserve Fund By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, Common Council has provided $200,000 for the year 1989, and intends to include additional amounts during subsequent years to acquire property located in the area of the City of Ithaca's drinking water reservoir for the purpose of protecting the city's continued supply of safe drinking water and for protection of the watershed's sensitive environmental areas on said property; now, therefore, be it RESOLVED, That pursuant to Section 6 -C of the General Municipal Law of the State of New York, that: (1) There be, and hereby is, authorized and established a Capital Reserve Fund, to wit: Land Acquisition, which fund shall be known and designated as Capital Reserve Fund No. 26, Land Acquisition, and which may be referred to as Capital Reserve Fund No. 26. (2) There is hereby appropriated to said Fund, the sum of $200,000 from Water Fund Surplus. (3) The City Controller be directed to deposit such appro- priation, as soon as possible, in said Fund, in one or more banks designated as Depositories of the Funds of the City of Ithaca. (4) The City Controller be authorized and directed to invest the monies in such fund, as provided by law. (5) The City Controller shall keep a separate account of such fund in the manner provided by Section 6 -C of the General Municipal Law of the State of New York. (6) Expenditures shall be made from such fund only by an authorization of Common Council and only for the specified use hereinabove described. 33 Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously *16.9 Police Department Radio Equipment By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, this Common Council has been requested by the City of (UW001 Ithaca Police Department to standardize on Motorola radio equipment as the type of Zequipment the city o be use the City of Ithaca, and to authors Y to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest econom e city for reasons of efficiency, compatibility approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has all 0*0 Motorola radio equipment and radio console. 0.) Ci) 2. This action will minimize the inventory of repair parts 14 which would have to be maintained for the service of Ij said radio equipment. 3. Labor cost for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. 4, Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. 5. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by the City of Ithaca Police Department during the year 1989. Carried Unanimously *16 10 Police Department Voice Equipment By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Controlonics voice equipment as the type of equipment to be used in the City of Ithaca, and to authorize the city to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the city, for reasons of efficiency, compatibility and economics, to approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has Controlonics voice scrambler equipment installed in the mobile units and the main communication desk. 2. Compatibility is not possible with other brands of voice scrambling equipment. 3. The cost of maintenance, parts and service will be less than if different types of equipment were being used; now, therefore be it 34 RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Controlonics equipment as the type of such equipment to be used and purchased by the City of Ithaca Police Department during the year 1989. Carried Unanimously *16.11 Fire Department Radio Equipment By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, this Common Council has been requested to standardize on Motorola radio equipment as the type of minitors and portable two -way radios to be used by the City of Ithaca Fire Department, and WHEREAS, it is deemed to be in the best interest of the City of Ithaca, for reasons of efficiency, compatibility and economics, to approve such standardization for the following reasons: 1. The City of Ithaca Fire Department presently has all Motorola portable two -way radios and minitor receivers. 2. Standardization would provide the need for only one Service Contract for the portable radios. 3. The Motorola two -way radios in the fire vehicles belong to the County and are maintained by them. 4. The present Motorola radio equipment has been satisfactory to the uses of the Fire Department; now, therefore, be it RESOLVED, That pursuant to Subdivision 5, Section 103 of the General Municipal Law of the State of New York, this Common Council of the City of Ithaca hereby authorizes the standardization of Motorola equipment as the type of minitors and portable two -way radios to be used by the City of Ithaca Fire Department during the year 1989. Carried Unanimously *16.12 City Controller Waiver By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, it is the intention of the Mayor, at an appropriate time to appoint Dominick Cafferillo as City Controller; now, therefore be it RESOLVED, That steps 2(A) through 2(D) of the Appointment Process, as outlined in Section 2.27 of the Ithaca City Charter, be waived for the position of City Controller, which will become vacant effective May 27, 1989. Carried Unanimously *16.13 Deputy City Controller Search Committee By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, the City of Ithaca's Charter, Section 2.27, paragraph 2A, calls for the establishment of an Ad Hoc Selection Committee prior to the appointment of individuals to fill specific positions identified in this Section of the Charter, and WHEREAS, the position of Deputy City Controller is one such position and will become vacant on the effective date of the City Controller's appointment, and WHEREAS, the Charter also calls for three members of the Common Council to be selected by the Council to sit as voting members of the Ad Hoc Selection Committee; now, therefore, be it *16.15 Senior Stenographer Salary By Alderperson Schlather: Seconded by Alderperson Johnson (Wwo" RESOLVED, That the 1989 salary for Denise Malone, Senior Stenographer in the Personnel Department, be established at $16,405, that being Step 7 on the 1989 Compensation Plan for Confidential Employees not covered by a Union, retroactive to the first pay period of 1989. Carried Unanimously *16.17 Art Work Conveyed to the City By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Ithaca Centennial Commission hereby conveys to the City of Ithaca thirteen (13) pieces of artwork purchased by the Commission as art for public places within this community; now, therefore, be it 35 RESOLVED, That the Common Council selects the following members Selection Committee for the of Council to sit on the Ad Hoc position of Deputy City Controller: Alderperson Schlather Alderperson Killeen Alderperson Romanowski Carried Unanimously (00", *16.14 Su erintendent of gecondedrby Alderperson1Killeen Schlather: By Alderperson Charter, Section 2.27, paragraph WHEREAS, the City of Ithaca's Hoc Sel the establishment fofa 2A, calls for toeCfill to the app ointment ind�dvidu is Committee prior specific positions identified in this Section of the Charter, and WHEREAS, the position of Superintendent of Public Works is one such position and will become vacant in the near future, and position to succeed tration; a member of Common Council appointed by the 0 -') WHEREAS, the Charter also calls for three members of the Common voting members (l, Council to be selected by the Council to sit as Selection Committee; now, therefore, be it of the Ad Hoc RESOLVED, That the Common Council selects the following Selection Committee for members of Council to sit on the Ad Hoc the position of Superintendent of Public Works: Alderperson Nichols Alderperson Cummings Alderperson Hoffman Carried Unanimously *16.15 Senior Stenographer Salary By Alderperson Schlather: Seconded by Alderperson Johnson (Wwo" RESOLVED, That the 1989 salary for Denise Malone, Senior Stenographer in the Personnel Department, be established at $16,405, that being Step 7 on the 1989 Compensation Plan for Confidential Employees not covered by a Union, retroactive to the first pay period of 1989. Carried Unanimously *16.17 Art Work Conveyed to the City By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Ithaca Centennial Commission hereby conveys to the City of Ithaca thirteen (13) pieces of artwork purchased by the Commission as art for public places within this community; now, therefore, be it RESOLVED, That Common Council gratefully accepts the artwork its deep conveyed to the City and wishes to express be it appreciation to the Ithaca Centennial Commission, and further RESOLVED, That this Common Council agrees to accept the art by the Centennial Arts and works for public places purchased subject to the following conditions: Culture Committee, 1. That Council set up a Centennial Arts Commission that of and addition to the will oversee maintenance of art for public places purchased existing collection during the Centennial year. It is initially proposed that membership of this group be made up of two representatives of the Arts and Culture Committee of the Ithaca Centennial Commission; Jean Deming (with provision for her successor in an equivalent city her) representing the city adminis- position to succeed tration; a member of Common Council appointed by the Mayor, and a representative from the Board of Public Works. I -. 36 2. That $4,000 of Ithaca Centennial funds be granted to the city to underwrite expenses for maintenance of and addition to the collection for the first two years of operation. 3. That Council agree to proper maintenance of and additions to this collection within budget constraints. 4. That this Commission be charged with finding appropriate public places for display of this initial collection, and any additions to this collection in the future, subject to the approval of the Board of Public Works. 5. That this Commission see that these works are promptly displayed in places with appropriate security, and that the works be marked with plaques containing the title of the work, the artist, and a notation that the work is part of the Centennial collection developed during the City's Centennial Year of 1988. Carried Unanimously *16.18 Planning Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the 1989 approved Personnel Roster of the Planning Department be amended as follows: Add - 1 Landscape Architect /Environmental Planner, and be it further RESOLVED, That this position be placed at Grade 28 of the 1989 C.S.E.A. - Administrative Unit Compensation Plan, with a salary range of $20,855 - $26,388, and be it further RESOLVED, That an amount not to exceed $20,000 be transferred from Account A1990, Restricted Contingency, to the following Planning Department accounts: //0 A8020 -1-@4 Staff Salaries $19,000 A8020 -450 Advertising 1,000 and be it further RESOLVED, That it is understood that this position is established to support the requirements of the Site Development Review Plan Ordinance. Carried Unanimously *16.19 North Quarry Street Retaining Wall By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, Capital Project #216, North Quarry Street Retaining Wall, was authorized and funded in the 1988 Budget for an amount not to exceed $187,000, and WHEREAS, the City Engineer has requested that Common Council increase the authorization to $215,000; now, therefore, be it RESOLVED, That this Common Council approves the request, subject to acceptance and approval by the Board of Public Works, to increase the authorization of Capital Project #216, North Quarry Street Retaining Wall, from $187,000 to $215,000, and be it further �q.- l.) ) (. ) .j W1 37 RESOLVED, That the increase of $28,000 be funded as follows: A. Transfer from A1990, Unrestricted Contingency $ 1,400 B. Issuance of Bond Anticipation Notes 26,600 Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) Nay (1) - 28 000 Romanowski, Lytel, Cummings, Killeen, Johnson, Booth, Hoffman, Peterson, Nichols Schlather Carried *16.20 Audit By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #2/1989, in the total amount of $29,733.81, be approved for payment. Carried Unanimously HUMAN SERVICES COMMITTEE: Police Department Issues - Report Alderperson Peterson reported that the committee has discussed with Chief McEwen and PBA President Saul the report that the Human Services Committee did in October 1987 on police issues. She said that the Chief basically concurred with many of its conclusions and explained where he is in working on those issues. The key element for Human Services is to start working closely with the Police Commissioners in resolving some of the problems that there are with operations. The Police Commissioners and some members of Council will be meeting to discuss ways of dealing with these issues. *1.7.2 Cornell Universit and Ithaca Colle e Contributions to the Fire Budget Sec By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the total budgeted cost of the operation of the Fire Department of the City of Ithaca for the calendar year 1989 (not including the cost of building and renovating fire stations) is $3,530,000, and WHEREAS, the Ithaca Fire Department provides regular service on call to Cornell University and Ithaca College, and WHEREAS, in the calendar year 1988 the calls made by the Fire Department to Cornell University were 18.20 of the total calls in the service district and the calls to Ithaca College were 6.3% of the total calls, and WHEREAS, on the basis of its percentage of fire calls the Cornell share of the fire department operating costs for 1989 is $642,400, and WHEREAS, the cost of operation of the Ithaca Fire Department is a burden on the taxpayers of the city representing about 17% of the City tax level, and WHEREAS, Cornell University has agreed to contribute only $106,020 to the city for fire service in 1989 and Ithaca College has stated that it will make no contribution to the Town of Ithaca for fire service in 1989; now, therefore, be it RESOLVED, That the Ithaca Common Council urges Cornell University to budget for 1990 and future years its full and fair share of the cost of fire service, which for 1990 is estimated to be about $700,000, and be it further RESOLVED, That the Ithaca Town Board be urged to make a similar request to Cornell University and to Ithaca College (as per Article II of the fire contract), and be it further RESOLVED, That the Tompkins County Board of Representatives are urged to support this request and to inform Cornell University and Ithaca College of this support, and be it further, RESOLVED, That this resolution be transmitted to the Ithaca Town Board and County Board of Representatives, and to the President and the Board of Trustees of Cornell University, and be it further RESOLVED, That the Common Council requests a meeting between the appropriate Committee of the Board of Trustees and Common Council (and other appropriate City staff). Carried Unanimously *17.3 Committee to Review Additional Fire Personnel By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, Common Council requested that the Human Services Committee recommend the makeup of a special committee to review and analyze a plan for additional fire personnel, with the objective of a recommendation on this matter in a timely fashion; now, therefore, be it RESOLVED, That such a committee be comprised of the Mayor, the Town Supervisor, two Common Council members, two Town Board members, two Fire Commissioners, and ex- officio membership of the Fire Chief, a representative of the firefighters union, and one from the volunteer companies, and be it further _J RESOLVED, That a plan and recommendation be made by July 1, 1989. Discussion followed on the make -up of the committee. Alderperson Killeen offered and Alderperson Hoffman seconded the following substitute resolution: Substitute Resolution By Alderperson Killeen: Seconded by WHEREAS, Common Council requested Committee recommend the makeup of a and analyze a plan for additional objective of a recommendation on fashion; now, therefore, be it Alderperson Hoffman that the Human Services special committee to review fire personnel, with the this matter in a timely RESOLVED, That such a committee with a Chair selected by the members be comprised of two Common Council members, two Town Board members, and three Fire Commissioners with the Fire Chief serving ex- officio and providing staff support, and be it further RESOLVED, That a plan and recommendation(s) be made by or before July 1, 1989 and submitted to appropriate reviewing authority. Discussion followed on the floor on Alderperson Killeen's substitute resolution. A vote on the substitute resolution resulted as follows: Ayes (1) - Killeen Nays (9) - Schlather, Romanowski, Booth, Nichols, Hoffman, Peterson, Lytel, Cummings, Johnson Motion Fails 39 Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously *17.4 Human Services Plan for 1989 By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, the City wishes to fund human services, providing that they have met the City's review criteria and the Human Services Coalition process and provide a service as identified under the City of Ithaca Human Services Plan; now, therefore, be it RESOLVED, That the following areas of human services are identified as crucial to the provision of a good quality of life for all Ithacans, and that the City may meet the need for these services thr HUMAN SERVICES PLAN specific ci is agencies. PLANNING AND DEVELOPMENT COMMITTEE: R 2c Zoning District - Report Alderperson Cummings reported that the Planning and Development Committee has been working on a chart change allowing attached units of up to six units in certain areas of the R -2 Residential District. She stated that the chart changes will be presented to Council in March. *18.2 Planning and Development Department 1989 Work Program Alderperson Cummings withdrew Item 18.2 from the agenda It was referred back to the Planning and Development Committee. Center Ithaca Expansion - Report Alderperson Cummings reported that the committee had a presentation at their meeting of the physical part of the project. She stated that Center Ithaca is about ready to begin construction of retail space under the Green Street Parking Ramp. The committee will be discussing the financial part of the package next month. *18.4 Route 96 Action Schedule By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED that at its regular meeting on March 1, 1989 the Common Council shall seek to adopt a statement of its views, if timely and appropriate, on the various "Route 96" options being considered by the New York State Department of Transportation. Before such meeting the Council will hold a public meeting 1. Emergency food, clothing, supplies 2. Temporary shelter 3. Child care O) 4. Skills development [) 5. Transportation - seniors, disabled Youth Bureau 6. Housing assistance for low -mod income Cil 7. Assistance to low income for basic needs with at -risk youth to 8. Youth services the staircase at Six Mile 9. Senior citizens services 10. Crisis and dispute resolution 11. Assistance to persons in distress Discussion followed on the floor. PLANNING AND DEVELOPMENT COMMITTEE: R 2c Zoning District - Report Alderperson Cummings reported that the Planning and Development Committee has been working on a chart change allowing attached units of up to six units in certain areas of the R -2 Residential District. She stated that the chart changes will be presented to Council in March. *18.2 Planning and Development Department 1989 Work Program Alderperson Cummings withdrew Item 18.2 from the agenda It was referred back to the Planning and Development Committee. Center Ithaca Expansion - Report Alderperson Cummings reported that the committee had a presentation at their meeting of the physical part of the project. She stated that Center Ithaca is about ready to begin construction of retail space under the Green Street Parking Ramp. The committee will be discussing the financial part of the package next month. *18.4 Route 96 Action Schedule By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED that at its regular meeting on March 1, 1989 the Common Council shall seek to adopt a statement of its views, if timely and appropriate, on the various "Route 96" options being considered by the New York State Department of Transportation. Before such meeting the Council will hold a public meeting A vote on the resolution resulted as follows: Carried Unanimously State Grant Project - Report reported that Rick Dieterich from the Alderperson Peterson has been meeting with the Six Mile Creek Committee Youth Bureau the Conservation Advisory Council to get support members and for a from the State, working with at -risk youth to grant rehabilitate the staircase at Six Mile Creek. (WPA Trail) PLANNING AND DEVELOPMENT COMMITTEE: R 2c Zoning District - Report Alderperson Cummings reported that the Planning and Development Committee has been working on a chart change allowing attached units of up to six units in certain areas of the R -2 Residential District. She stated that the chart changes will be presented to Council in March. *18.2 Planning and Development Department 1989 Work Program Alderperson Cummings withdrew Item 18.2 from the agenda It was referred back to the Planning and Development Committee. Center Ithaca Expansion - Report Alderperson Cummings reported that the committee had a presentation at their meeting of the physical part of the project. She stated that Center Ithaca is about ready to begin construction of retail space under the Green Street Parking Ramp. The committee will be discussing the financial part of the package next month. *18.4 Route 96 Action Schedule By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED that at its regular meeting on March 1, 1989 the Common Council shall seek to adopt a statement of its views, if timely and appropriate, on the various "Route 96" options being considered by the New York State Department of Transportation. Before such meeting the Council will hold a public meeting 40 primarily for the purposes of hearing the views of the residents of the city, and others. Following the public meeting, the Council will meet as a Committee -of- the -Whole to prepare a resolution for action, if timely and appropriate, at its March 1, 1989 meeting. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:20 Callista F. Paolangei / John C. Gutenberger, City Clerk Mayor 19, 381. Regular Meeting 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 P.M. February 1, 1989 PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American Flag. MINU`PES Approval of Minutes of January 4, 1989 Common Council Meeting By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the Minutes of the January 4, 1989 Common Council meeting be approved as published. Carried Unanimously Youth Bureau Director Cohen asked that the Minutes of the January 4, 1989 Common Council meeting reflect that he was present at the meeting. SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Establishinq Chapter 39 Entitled 'Site Development Plan Review'of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the Ordinance. Mark Finkelstein - 304 E. State Street, Ithaca, New York, spoke to Council members in support of the proposed Ordinance. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, (Wor" Hoffman, Killeen, Lytel, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano Deputy City Controller - Cafferillo (n City Clerk - Paolangeli d- Director, Planning & Development - Van Cort Acting Personnel Administrator - Walker Acting Building Commissioner - Dietrich Fire Chief - Olmstead m Police Chief - McEwen < Deputy Director, Planning & Development - Mazzarella Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American Flag. MINU`PES Approval of Minutes of January 4, 1989 Common Council Meeting By Alderperson Lytel: Seconded by Alderperson Nichols RESOLVED, That the Minutes of the January 4, 1989 Common Council meeting be approved as published. Carried Unanimously Youth Bureau Director Cohen asked that the Minutes of the January 4, 1989 Common Council meeting reflect that he was present at the meeting. SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Establishinq Chapter 39 Entitled 'Site Development Plan Review'of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth gave background information on the Ordinance. Mark Finkelstein - 304 E. State Street, Ithaca, New York, spoke to Council members in support of the proposed Ordinance. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Romanowski RESOLVED, That the Public Hearing to consider An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously 382 2 Public Hearing - Local Law No. 1 - 1989 - Reducing the Per Centum Exemption Provided Pursuant to New York State Real Property Tax Law Section 485 -b Resolution to Open Public Hearing By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider Local Law No. 1 of 1989 - Reducing the Per - Centum Exemption Provided Pursuant to New York State Real Property Tax Law Section 485 -b, be declared open. Carried Unanimously Alderperson Booth gave background information on the Local Law. No one appeared to address the Public Hearing. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider Local Law No. 1 of 1989 - Reducing the Per - Centum Exemption Provided Pursuant to New York State Real Property Tax Law Section 485 -b, be declared closed. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Peterson requested the addition of Item 17.5, a report on the Youth Bureau Application for a youth project in Six -Mile Gorge. No Council member objected. Budget and Administration Committee Alderperson Schlather requested that Item 16.16 be deleted from the Budget and Administration Committee agenda and be voted on under the Charter and Ordinance Committee's Item 15.8. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Citizens Against Hydropower Margaret Fabrizio, 213 King Street, representing "Citizen's Against Hydropower At Ithaca Falls" spoke to Council in opposition to the proposed development of a Hydropower Facility at the Ithaca Falls. She asked Council to amend the proposed resolutions in front of Council this evening to include our State Assembly Representatives, Martin Luster and James Seward along with Congressman Matthew McHugh. She further stated that "Citizen's Against Hydropower At Ithaca Falls" have mailed petitions to Congressman Matt McHugh asking for assistance and they plan to continue in the petitioning effort. She expressed the need for a "whole hearted request for action" from the City and not a mixed "lukewarm" message. She also stated that because of the phrasing of the referendum and the information which explained the referendum to the voters, the outcome of the vote should be seen as a mandate to protect the falls from any outside development, rather than as a mandate to proceed with construction. Also, they feel that the City has a responsibility to the community to gather "up to date" information. A lot of false and premature conclusions have been made about protection options and it is very possible that no NYSEG contract or joint contract with an outside developer will be acceptable to the City and other available options must be pursued. "Citizen's Against Hydropower at Ithaca Falls" are more convinced now that there is a way to stop development of the Hydropower Facility at the Ithaca Falls. They want action 383 3 toward this and they want it supported by the City and they want their message conveyed to Marty Luster, Jim Seward and Matt McHugh. Hydropower Issue Betsy Darlington, 204 Fairmount Avenue, Chair of the Conservation Advisory Council, read the following statement to Council: "I would like to suggest that Common Council strengthen the hydropower resolutions, items 18.6 and 18.7 on tonight's agenda. First, reword the one to Matt McHugh so that it requests that McHugh "fully explore the legislative options, etc., and not just send a "report ". Secondly, reinstate the various "whereas's" that were in the January 17th resolution from the Hydropower Commission. As it currently is worded, the resolution sounds so wishy- washy that McHugh might get the impression that Council doesn't re all want him to look into this but merely trying to appease the public. Finally, I would like to suggest that Council ask Marty Luster and James Seward to look into all available options at the state level, in addition to asking Matt McHugh for help. It seems quite clear that most people in the City would prefer that there not be any hydropower development at Ithaca Falls, although people prefer that the developer be the City, if development is inevitable. Given people's sentiments, it is important that all options be pursued vigorously. The beauty of the falls could be seriously compromised by both the final , finished project, and damage -- possibly extensive - -from the construction activities." Ithaca Neighborhood Housing Services Dennis Wille, Ithaca Neighborhood Housing Services - Mutual Housing Coordinator, spoke to Council on the sale of a Floral Avenue parcel to the Ithaca Neighborhood Housing Services for the purpose of mutual housing development. The process was initiated last year with a number of meetings and various stages of negotiations. At this point, the easiest way of transferring the land to the Ithaca Neighborhood Housing Services would be a direct sale for a sum of money which would be negotiated with the Ithaca Urban Renewal Agency. He stressed the importance of establishing, this evening, the process by which they can proceed with the negotiations. It seems unclear as to whether the Ithaca Urban Renewal Agency or Council will be the ones responsible in the negotiating process. Hydropower Issue Tim Mount, 303 E. Upland Road, Professor of Resource Economics at Cornell University, spoke to Council in opposition of the proposed Hydropower Project at the Ithaca Falls. He stated that this power is not needed at the present time, that the power is not needed in the upstate area but rather the real need is in the downstate area, and that the site is a scenic area which any state would be proud to possess. In essence, this plant would be a "substitute" for plants which are already in existence in our immediate area. He explained that the power which would be generated from this plant depends on the time of year, namely, in the spring and at other times when we have an excess of rain. This means that the power is not available at the times when it is most needed, that being in the middle of the summer, and in the middle of winter. He remarked that this is poor power in terms of contributing to • 4 the state's needs. He stated that the only way that this would be economically viable would be for customers to subsidize the project, that being paying a higher rate that is much higher than the true value of the power itself. RESPONSE TO THE PUBLIC: Alderperson Nichols expressed his support in exploring all of the options available, including the financial aspects. He also supports the involvement of our State Assemblyman and our own legal staff as well as Congressman McHugh. He stressed the fact that Council will know what options are available before any decisions are made. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Rental Housing Task Force Steve Jackson, 142 Giles Street, spoke to Council as Chair of the Rental Housing Task Force. He commented on some of the issues the Task Force is involved in and on some of the topics which will be addressed at future meetings. He hopes that sometime in March, the Task Force will move from what is now essentially an information gathering stage to exploring, in detail, possible actions and strategies to recommend to Council. Board of Public Works Commissioner Reeves reported on the following items for the Board of Public Works: Hudson Street Reconstruction Project - The Department of Public Works has received the preliminary report on the Hudson Street Reconstruction Project from MacNeill Engineers. There will be a public information meeting on Wednesday, February 8, 1989, at 7:00 P.M. at South Hill School. 1,40) Street Cleaning, Trash Collection and Litter in Collegetown The Board is continuing its investigation and discussion regarding the litter, trash collection and street cleaning problems in the Collegetown area. A meeting was held with city personnel, Alderperson Killeen and various Collegetown merchants on January 23, 1989. She thanked Alderperson Killeen for his assistance. Elmira Road Sidewalks - Commissioner Reeves stated that the issue of the Elmira Road sidewalks continues to be a dilemma and that opposition from the merchants is very strong, however, paths along the road indicate pedestrian traffic. The Board is receiving additional information from Alderperson Romanowski and Alderperson Schlather. Their information has been very helpful. An official study will be done in the form of pedestrian counts in the spring. All areas will continue to be investigated. Commissioner Reeves answered questions from Council members. Planning and Development Board Alderperson Killeen reported on the Cluster Zoning Ordinance and stated that the Board supports the proposed ordinance as it is written. He stated that specific suggestions will be forthcoming in the months ahead and that there was no agreement on any specific changes which could be offered at this time. Alderperson Killeen answered questions from Council members. COMMUNICATIONS FROM THE MAYOR: Ithaca Centennial Commission The City has received from the Ithaca Centennial Commission, a plaque which will be displayed appropriately in City Hall. 96 Route 96 Mayor Gutenberger reported on the meeting which he attended in Syracuse, New York regarding the Route 96 Project. He stated that any comments Common Council would like to make to the Department of Transportation about the Route 96 Project would be appropriate. Planning and Development Director Van Cort made additional comments regarding the Route 96 Project. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of James Cutia to the Youth Bureau Advisory Board with a term to expire December 31, 1991. Carried Unanimously Board of Appeals on Building Code Mayor Gutenberger requested approval of Council for the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Carried Unanimously Community Police Board Mayor Gutenberger requested approval of Council for the re- appointment of Deborah Manning, 321 N. Albany St., to the Community Police Board with a term to expire December 31, 1991. Mayor Gutenberger answered questions from Council members. Ithaca Kiwanis Club Mayor Gutenberger reported that Ithaca Police Officer, Allen Cruise, has received the "Officer of The Month Award" from the Ithaca Kawanis Club for January 1989. He was cited for his alertness and initiative in bringing about the apprehension of two persons who were later charged with a burglary. Mayor Gutenberger congratulated Officer Cruise on a job well done. LO MAYOR'S APPOINTMENTS: LO Building Commissioner IEMayor Gutenberger requested approval of Common Council for the of Eric Datz to the position of Building mappointment Commissioner of the City of Ithaca at a salary of $40,281, Q effective February 6, 1989. Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That this Common Council approves the appointment of Eric Datz as Building Commissioner of the City of Ithaca, at a salary of $40,281, effective February 6, 1989. Carried Unanimously Mr. Datz took the Oath of Office and was sworn in by City Clerk Paolangeli. Youth Bureau Advisory Board Mayor Gutenberger requested approval of Council for the re- appointment of James Cutia, 147 Northview Road, to the Youth Bureau Advisory Board with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of James Cutia to the Youth Bureau Advisory Board with a term to expire December 31, 1991. Carried Unanimously Board of Appeals on Building Code Mayor Gutenberger requested approval of Council for the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Douglas Look, 419 E. Buffalo St., to the Board of Appeals on Building Code with a term to expire December 31, 1991. Carried Unanimously Community Police Board Mayor Gutenberger requested approval of Council for the re- appointment of Deborah Manning, 321 N. Albany St., to the Community Police Board with a term to expire December 31, 1991. 386 M Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Deborah Manning, 321 N. Albany St., to the Community Police Board with a term to expire December 31, 1991. Carried Unanimously Housing Board of Review' Mayor Gutenberger requested approval of Council for the re- appointment of Douglas Look, 419 E. Buffalo St., to the Housing Board of Review with a term to expire December 31, 1991. Resolution By Alderperson Schlather: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Douglas Look, 419 E. Buffalo St., to the Housing Board of Review with a term to expire December 31, 1991. Carried Unanimously Affirmative Action Committee Mayor Gutenberger requested approval of Council for the appointment of Thomas West, 372 Troy Road, (as DPW Representative), to the Affirmative Action Committee with a term to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Thomas West, 372 Troy Road, (as DPW Representative) , to the Affirmative Action Committee with a term to expire December 31, 1991. Carried Unanimously Board of Public Works Mayor Gutenberger requested approval of Council for the appointment of Philip Cox, 221 Cornell Street, to the position of Commissioner of the Board of Public Works, with a term to expire December 31, 1991. Resolution By Alderperson Johnson: Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Philip Cox, 221 Cornell Street, to the position of Commissioner of the Board of Public Works with a term to expire December 31, 1991. Carried Unanimously Conservation Advisory Council Mayor Gutenberger requested approval of Council for the appointment of Judith W. Jones, 112 E. York Street to the Conservation Advisory Council, with a term to expire December 31, 1990. Resolution By Alderperson Johnson Seconded by Alderperson Nichols RESOLVED, That this Council approves the appointment of Judith Jones to the Conservation Advisory Council, with a term to expire December 31, 1990. Carried Unanimously Youth Bureau City /County Ad Hoc Committee Mayor Gutenberger reported he has made the following appointments as City Representatives to the Youth Bureau City /County Ad Hoc Committee: Carolyn Peterson, representing Human Services Committee; Richard Booth, as Council Liaison to the Youth Bureau Board; Sam Cohen, representing the Youth Bureau staff; and Bud Shattuck, representing the Youth Bureau Board. 387 7 REPORT OF CITY CLERY -,: *12.1 A ointment of Election Custodians for 1989 Resolution By Alderperson Romanowski: Seconded by Alderperson Johnson RESOLVED, That Michael Mosely and Claude Colleyacme be appointed as Election Custodians for the City of Ithaca, New York for the year 1989. Carried Unanimously (Woo", City Clerk Paolangeli mentioned the upcoming elections and the fact that the Fire Stations will not be available for use as polling places and that consideration needs to be given as to alternatives for these polling places. WHEREAS, evaluation of the potential effects of the proposed regulations indicates that identifiable negative impacts are unlikely to be significant, while the intended positive results will be modest improvements in the design of individual projects, and an overall, long -term cumulative benefit to the community; now, therefore, be it RESOLVED, That this Common Council, as lead agency for environmental review in this matter, does hereby adopt as its own the findings and conclusions set forth, and be it further RESOLVED, That this Common Council, as lead agency, does determine that the proposed action at issue will not have a significant negative effect on the environment and that further environmental review is unnecessary under the circumstances, and be it further CITY ATTORNEY'S REPORT Lytel reported to Attorney Nash that the New York Alderperson State Cable Commission decided today that the American Cablevision Franchise with the City of Ithaca will L.0 be for a period of ten (10) years. be Iq LO Alderperson Nichols asked City Attorney Nash the present brief status of the "Wilcox Case ". City Attorney Nash gave a m summary of the current situation as it stands now. Q Attorney Nash reported on the Building Department's "Order to Vacate" at a fraternity at Cornell University, Beta Delta Chi, 800 University Avenue. This order was issued due to various violations of the city's building code. The city was served with an "Order to Show Cause" which stayed the order to vacate and the city was ordered to appear in Court. The city appeared and presented documents supporting the city's action and argued that the Court should re- instate the city's order. At this point we have not received a decision from the Judge. CHARTER AND ORDINANCE COMMITTEE: *15.3 Environmental Review Regarding Site Development_ Plan Review Ordinance By Alderperson Booth: Seconded by Alderperson Nichols WHEREAS, it has been proposed to establish a requirement that plans for the development of certain sites within the city be reviewed and approved under a set of guidelines intended to promote a greater degree of design amenity and environmental compatibility for subject developments than can be achieved under existing city legislation, and WHEREAS, an ordinance and implementing regulations have been drafted for that purpose, refined through extensive public debate and comment, and put before this Common Council for final consideration, and WHEREAS, evaluation of the potential effects of the proposed regulations indicates that identifiable negative impacts are unlikely to be significant, while the intended positive results will be modest improvements in the design of individual projects, and an overall, long -term cumulative benefit to the community; now, therefore, be it RESOLVED, That this Common Council, as lead agency for environmental review in this matter, does hereby adopt as its own the findings and conclusions set forth, and be it further RESOLVED, That this Common Council, as lead agency, does determine that the proposed action at issue will not have a significant negative effect on the environment and that further environmental review is unnecessary under the circumstances, and be it further 385 RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk is hereby directed to file a copy of the same, together with the attachments, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously Alderperson Cummings commended Staff and the Charter and Ordinance Committee for all their work on this Ordinance. *15.4 An Ordinance Establishing Chapter 39 Entitled 'Site Development Plan Review' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Killeen BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, New York as follows: ORDINANCE NO. 89 - AN ORDINANCE ESTABLISHING CHAPTER 39 ENTITLED 'SITE DEVELOPMENT PLAN REVIEW' OF THE CITY OF ITHACA MUNICIPAL CODE 39.1 Intent It is the intent of this ordinance to promote the health, safety and general welfare of the residents of the City of Ithaca by assuring that the development or redevelopment of land is appropriate and compatible with the development of adjacent or neighboring land. It is further intended to ensure the conservation and enhancement of natural and man -made resources within the City of Ithaca through a process of review and approval of site development plans. It is not intended to prohibit development that is otherwise permitted under the applicable zoning regulations. Rather it is intended to improve the design, function, aesthetics and safety of projects and site plans, which are otherwise in conformance with zoning regulations. It is also intended that this site review process be conducted in a timely fashion and that smaller, less complex projects will be reviewed as quickly as possible. 39.2 Applicability A. Except as noted in Subdivision B, all development which requires a building permit, including additions and expansions of existing development, redevelopment of existing uses, modifications to previously approved site plans, or any other activity which alters the physical characteristics or use of property within the City of Ithaca, shall be subject to Site Development Plan Review. For any activity which is subject to Site Development Plan Review, no physical changes may be made to a site until the process of Site Development Plan Review has been completed and an approved site plan has been authorized. B. The provisions of this Chapter shall not apply to the following exceptions: 1. Existing uses and development which in their present configuration and use are legally authorized as of the date this ordinance becomes effective. For the purposes of this ordinance only, a use or structure shall be considered to be legally authorized if it has received a valid building permit prior to the date this ordinance becomes effective and is fully completed in accordance with the approved plans within two (2) years of the date of the issuance of the building permit. 2. Any of the following expansions of or additions to existing development, including the addition of accessory uses: W, 389 9 a. The total expansion of an existing building that does not exceed five thousand (5,000) square feet; b. The total expansion of an existing building that does not exceed twenty -five (25) percent of the total gross floor area of the existing building or ten thousand (10,000) square feet, whichever is (Woo,( less; C. The total expansion to site improvements that do not exceed five thousand (5,000) square feet; d. The total expansion to site improvements that do not exceed twenty -five (25) percent of the area of the existing improved site or ten thousand (10,000) square feet, whichever is less. With respect to sub - paragraphs c and d site In improvements include driveways, parking In areas, sidewalks, landscaping or any other changes made to the natural condition of the site. M 3. Ordinary exterior maintenance or repair to existing structures or uses. 4. Interior alterations to existing structures, including changes in use which do not involve exterior alterations. 5. Signs in connection with existing uses or development that are not otherwise subject to the provisions of Site Development Plan Review. 6. Subdivisions which are subject to regulation under Chapter 31 of the City of Ithaca Municipal Code. 7. The development of five (5) or fewer residential dwelling units, including additions thereto which do not result in additional dwelling units, and related accessory structures and land -use activities. 8. The development of any non - residential use totalling less than five thousand (5,000) square feet in area, including the total gross building floor area plus any associated vehicle parking and maneuvering areas, provided that it is located in a non - residential zoning district and is not located on a site which is either contiguous to a residential zoning district or across the street from a residential zoning district. 9. Parking lots or parking facilities containing less than ten (10) vehicle parking spaces. C. This Chapter shall not govern projects undertaken by the City of Ithaca, provided: 1. All City development projects that cost more than five hundred thousand dollars ($500,000), other than maintenance, repair and reconstruction projects, shall be submitted by the responsible City agency to the Board of Planning and Development for an advisory review to be conducted by the Board pursuant to this Chapter. 390 10 2. The Board may make such findings regarding such proposal and recommendations for altering it, as the Board may determine appropriate. The responsible City agency shall utilize the advisory findings and recommendations in making its determinations regarding the project. 3. The Board shall conduct its review of City development projects pursuant to this subdivision as expeditiously as possible. 4. No City agency may undertake a project subject to the advisory review contemplated by this subdivision until the Board of Planning and Development has completed that review, including the issuance of any findings and recommendations the Board determines are appropriate. 5. Common Council may exempt any particular City development project from the advisory review process provided by this subdivision. 39.3 Permits Not To Be Issued No building permit for the use, preparation for use, or development of any property, other than as specified in Section 39.2 (B) above, shall be issued by the Building Commissioner of the City of Ithaca, nor shall any Variance or Special Use Permit for an action requiring Site Development Plan Review be approved by the Board of Zoning Appeals, until a Site Development Plan for the proposed project has first been approved by the Board of Planning and Development. 39.4 Authorization To Review Site Development Plans The Board of Planning and Development of the City of Ithaca is hereby authorized to review and approve, approve with modifications, or disapprove site development plans for the development or use of property within the City of Ithaca, in accordance with the provisions of this Chapter. In performing such review, the Board of Planning and Development shall be governed by all applicable laws, ordinances and regulations. These include, but are not limited to, the Zoning Ordinance, Sign Ordinance, Subdivision Regulations, Landmarks Preservation Ordinance, and Environmental Quality Review Ordinance of the City of Ithaca; and the State Environmental Quality Review Act. 39.5 Site Development Plan Review Procedures A. Overview 1. Site Development Plan Review is initiated through the Building Department. Whenever an application is made to the City of Ithaca for a building permit for the use or development of property, the Building Commissioner shall review the proposed action for compliance with zoning and shall also determine whether Site Development Plan Review is required. Such determinations of the Building Commissioner may be appealed to the Board of Zoning Appeals. 2. If Site Development Plan Review is required, the Building Commissioner shall refer the matter to the Director of Planning and Development, who acts as the staff to the Board of Planning and Development. The Building Commissioner's referral shall indicate any areas in which the project is deficient with respect to zoning. The Building Commissioner shall also inform the applicant of the referral, stating that no building permit or zoning approval may be authorized by the Building Commissioner or the Board of Zoning Appeals IJ LO LO M Q 391 11 until an approved site development plan has been authorized by the Board of Planning and Development. 3. During the period when the Board of Planning and Development is considering the proposed site development plan, the Building Department may proceed with the code and plan compliance review normally required prior to issuance of a building permit. 4. The Site Development Plan Review process involves up to three steps. These steps are as follows: a. The Sketch Plan Conference is an optional informal conference between the applicant or a designated agent and the Director of Planning and Development. The purpose of the conference is to review the project to determine the extent of information that will need to be submitted as part of the formal application and to discuss potential site development issues that are likely to arise during the review. b. The second step is the Preliminary Site Development Plan Review, which involves a formal application to the Board of Planning and Development, including a complete environmental review, a public hearing on the project, and a review of the project by the Board. C. The third step is the Final Site Development Plan Review, in which the Board makes a final determination on the application, as revised. d. The Board may combine the second and third steps and give final approval to the application at the Preliminary Site Development Plan step, if the application and site plan is found to be acceptable by the Board. The Board will make every effort to expedite the Site Development Plan Review process by combining the second and third steps when appropriate and by providing for a timely review of each project. B. Sketch Plan Conference 1. An informal sketch plan conference may be held between the applicant or a designated agent and the Director of Planning and Development prior to the preparation and submission of a formal application and site plan. The function of a sketch plan conference is to inform the Director about the proposal, before the applicant has invested substantial time and effort in the preparation of plans. The Director may also advise the applicant about potential problems and concerns that may arise during the review and generally determine the level of information that will need to be submitted to the Board with an application for Preliminary Site Development Plan Review. 2. To aid in accomplishing these objectives, the applicant should provide as much information about the project as possible, including a sketch plan of the proposed layout of buildings, driveways, parking areas, landscaped areas, signs and other project elements; proposed changes to the natural features of the land; and the relationship of the project to adjacent or nearby existing land uses. 392 C. go 12 3. Based on the level of information about the project that is available at the Sketch Plan Conference, the Director may recommend that some of the information required for a Preliminary Site Development Plan Review application be waived. Waivers of the submission requirements shall be based on the scale and complexity of the project and the site plan issues relevant to the project. Environmental Review An environmental review of the impacts of the proposed project shall be required for each project subject to Site Development Plan Review. The Board of Planning and Development, as the City's lead reviewing agency, shall determine the appropriate level of environmental review and shall judge the completeness of each environmental review. An application for Preliminary Site Development Plan Review must contain a complete environmental review, including an Environmental Impact Statement if determined to be necessary, in order for it to be considered by the Board of Planning and Development. Preliminary Site Development Plan Review 1. An application for Preliminary Site Development Plan Review shall be made in writing to the Board of Planning and Development and shall be accompanied by information drawn from the following checklist, as determined necessary by the Director of Planning and Development or the Board. a. Site plans, at a scale not less than 1" = 201 (one inch equals twenty feet), including where applicable: i. Title of project, name and address of applicant, and name of person preparing such drawings. ii. North arrow, graphic scale, and date of drawing. iii. Boundaries of the property, with dimensions, plotted to scale. iv. Existing buildings and paved areas. V. Proposed buildings and paved areas, with exterior dimensions and ground floor elevations of buildings (e.g., U.S.G.S. data). vi. Grading and drainage plan, showing existing and proposed contours and other topographical features. vii. Provisions for pedestrian circulation to and within the site. viii. Location of outdoor storage and refuse areas. ix. Location and construction materials of all existing and proposed site improvements, including walls, fences, drains and culverts, water supply and sewers. X. Location of fire hydrants. �i I Ft 393 13 xi. Location of all energy collection and distribution facilities, including gas, electricity, wind and solar energy. xii. Location and type of existing and proposed signs. xiii. Location and type of outdoor lighting facilities. xiv. Designation of the location and amount of building area for each type of use on the site. xv. Type and location of existing vegetation on b. Schematic designs of the principal facades of proposed structures, and of any existing principal facade which is to be altered, including signs, at a scale determined appropriate by the Director of Planning and Development or the Board. C. An area map showing the entire property under consideration for development, all streets, rights -of -way and easements, and the general land -use and significant features of all property within one hundred (100) feet of the development site, including the mass and height of existing buildings. d. Any other information as may be considered necessary by the Director of Planning and Development or the Board. 2. For ease of preparation and presentation of complete site plans, separate drawings may be prepared to show the different elements of the project, such as separate grading, planting and site improvement plans, provided that each drawing also shows the shapes and locations of major proposed features, such as buildings, for reference. 3. Following timely receipt of a complete application for Preliminary Site Development Plan Review, including the completion of an environmental review at the level determined to be necessary, the Board of Planning and Development shall schedule consideration of the application at its earliest possible scheduled meeting. E. Coordination and Consultation 1. On receipt of an application for Site Development Plan Review, the Director of Planning and Development shall refer appropriate materials to other officials and agencies of the City of Ithaca for comment and necessary action, and where appropriate, to officials the site. xvi. General landscaping plan and planting LO schedule. LOLO xvii. Measures, devices or structures for erosion M and runoff control during and after m construction. Q xviii. Other elements integral to the proposed site development, including any so indicated by the Director of Planning and Development or the Board. b. Schematic designs of the principal facades of proposed structures, and of any existing principal facade which is to be altered, including signs, at a scale determined appropriate by the Director of Planning and Development or the Board. C. An area map showing the entire property under consideration for development, all streets, rights -of -way and easements, and the general land -use and significant features of all property within one hundred (100) feet of the development site, including the mass and height of existing buildings. d. Any other information as may be considered necessary by the Director of Planning and Development or the Board. 2. For ease of preparation and presentation of complete site plans, separate drawings may be prepared to show the different elements of the project, such as separate grading, planting and site improvement plans, provided that each drawing also shows the shapes and locations of major proposed features, such as buildings, for reference. 3. Following timely receipt of a complete application for Preliminary Site Development Plan Review, including the completion of an environmental review at the level determined to be necessary, the Board of Planning and Development shall schedule consideration of the application at its earliest possible scheduled meeting. E. Coordination and Consultation 1. On receipt of an application for Site Development Plan Review, the Director of Planning and Development shall refer appropriate materials to other officials and agencies of the City of Ithaca for comment and necessary action, and where appropriate, to officials 394 14 of other jurisdictions where required by law or as the Board deems desirable. 2. The Board of Planning and Development may consult with, and request reports from, agencies of the Federal, State or local governments, or any individuals or organizations that may be affected by the proposed project. F. Public Hearing Prior to rendering any decision on a Preliminary Site Development Plan application, the Board of Planning and Development shall first hold a public hearing on the proposed site development plan in order to allow interested persons an opportunity to comment on the plan. The public hearing shall be held within forty - five (45) days of the date a complete application for Preliminary Site Development Plan Review is made to the Board, including the completion of the appropriate level of environmental review as determined by the Board. Legal notice of the hearing shall be published in the city's official newspaper once at least five (5) days before the date of the public hearing. The notice of public hearing shall specify the time and place where the hearing will be held, a brief description of the proposed project and the place where the proposed site development plan may be reviewed. The applicant shall also place a notice in the form prescribed by the Board of Planning and Development at the project site. The public hearing shall be held in accordance with rules adopted by the Board of Planning and Development. The right to speak at a public hearing shall always be reserved for any city resident or property owner. G. Action on Preliminary Site Development Plan Review 1. Following the completion of a public hearing on the proposed site development plan, the Board of Planning and Development shall review the site development plan in accordance with the review criteria contained in Section 39.6 of this ordinance. The Board shall then make one of the following determinations: a. That the Preliminary Site Development Plan is approved as submitted, and that it shall be considered to be the Final Site Development Plan Review and approved as such. Every effort will be made to combine the Preliminary and Final reviews, when appropriate. b. That the Preliminary Site Development Plan is approved with modifications in the form of conditions, and that it shall be considered to be the Final Site Development Plan and approved as such. C. That the Preliminary Site Development Plan is approved in concept with modifications in the form of conditions, and that the applicant must submit a Final Site Development Plan which incorporates changes that will address the conditions specified by the Board of Planning and Development. d. That the Preliminary Site Development Plan is not approved. 19� 395 15 2. The Board's decision on the Preliminary Site Development Plan shall be made after the completion of the public hearing or at the next regularly scheduled meeting of the Board where site plan reviews are to be considered. Any decision of the Board shall be communicated in writing to the applicant. A copy of the minutes of the meeting at which the action was taken may serve as such notice. In the case where a site development plan has received final approval by (w000' the Board, the Board shall file a copy of its decision with the Building Commissioner and the City Clerk as soon as practicable, but in any case no more than five (5) days after the date of the Board's decision. The approved site development plan shall be binding on all further permits and approvals for the project. H. Final Site Development Plan Review M Following a decision by the Board of Planning and Iq Development that a Final Site Development Plan shall be LO required, the applicant shall prepare such plan and S' submit it to the Board for its consideration. The m Final Site Development Plan shall contain all of the information required to be submitted for a Preliminary Site Development Plan and shall incorporate changes that address the conditions imposed by the Board during its review of the Preliminary Site Development Plan. I. Action on the Final Site Development Plan The Board shall act on the Final Site Development Plan within forty -five (45) days of the submission of a complete plan, and shall render one of the following decisions: 1. That the Final Site Development Plan is approved as submitted. 2. That the Final Site Development Plan is approved with modifications in the form of conditions. 3. That the Final Site Development Plan is not approved, for specific reasons that are stated in the Board's written decision. The Board shall transmit its decision in writing to the applicant and shall file a copy of its decision with the Building Commissioner and City Clerk as soon as practicable but in no case more than five (5) days after the date of the decision. J. Submission of Application Materials The Board may develop, as it determines necessary, rules regarding the submission of application materials to be considered at scheduled meetings of the Board. The Board may also develop forms or check lists to provide guidance to applicants. All materials submitted by applicants should be complete, legible, and, in the case of drawings, sufficiently accurate and detailed to enable the Board and other reviewing officials to evaluate the adequacy of improvements as proposed and installed, as well as to obtain a clear understanding of the proposal as a whole. K. Modification of Approved Site Development Plan Modifications to approved site development plans must be submitted to the Board for review and approval as a new site development plan, unless the modification is exempted under Section 39.2 of this Ordinance. 396 16 L. Extension of Time Deadlines All time deadlines for decisions on a Site Development Plan Application may be extended upon mutual agreement by the Board of Planning and Development and the applicant. M. Other Permits An approved site development plan shall be binding on all further permits and approvals needed for the project. The Board's decision to approve a site development plan does not excuse an applicant from complying with all other permits and approvals that may be needed. 39.6 Review Criteria Review of Preliminary and Final Site Development Plans by the Board of Planning and Development shall include, as appropriate, but is not limited to, consideration of the following criteria. These criteria shall apply to activities that occur both during the construction of the project and after the project has been completed. The approved site development plan shall provide for satisfaction of each of the following criteria. A. The project shall avoid or mitigate any negative environmental impacts identified during the environmental review conducted in connection with the Site Development Plan Review process. B. The project shall provide adequate vehicular access and circulation. C. The project shall provide adequate pedestrian access and circulation. D. The location, arrangement, appearance and number of off - street parking and loading spaces shall be adequate to meet the demands created by the project. E. The project shall provide adequate stormwater retention and drainage facilities both during and after construction, including special attention to the adequacy and impact of structures, paving and landscaping in areas with susceptibility to flooding, ponding or erosion. F. The project shall provide adequate fire and emergency vehicle access. G. The project shall provide for adequate types and arrangements of landscaping, both to enhance the site and to complement the architectural components of the development, and to screen or buffer adjacent uses and public ways. H. The project shall provide an adequate arrangement, design and general compatibility of structures, buildings and signs. I. In the case of an apartment complex, townhouse development, or other multiple residence, the project shall provide adequate open space for play areas and informal recreation, as appropriate. D 0 ti i• �I 397 17 J. The project shall provide adequate protection of solar access for existing development or uses on adjacent or nearby properties. K. The project shall provide for adequate protection of significant natural features and areas, including, but not limited to, trees, views, watercourses or bodies of water, and landforms, on or near the site. L. The project shall provide for adequate protection of, or compatibility with, other nearby features and areas of importance to the community, including but not limited to parks, landmarks, and historic districts. M. The overall impact of the project on the surrounding area, including compatibility of design, shall be minimized. N. The project shall comply with all other regulations applicable to the development of, or development on, the subject site. 39.7 Application Fee An application fee shall be charged to each applicant for each site development plan that is reviewed by the Board of Planning and Development. Fees shall be charged in accordance with the following schedule, and shall be payable to the City of Ithaca upon the submission of a Preliminary Site Development Plan. Value of Site Improvements As Stated on Building Permit Application --------------------------- - - - - -- Less than $10,000 $10,000 to $100,000 Application Fee $50.00 $100.00 More than $100,000 $1 per $1,000 in value of site improvements. 39.8 Performance of Required Improvements Performance Bond A. No Certificate of Occupancy shall be issued until all improvements required as a condition of Final Site Development Plan approval are installed, or until a sufficient performance bond has been posted to guarantee the completion of improvements not yet made. The sufficiency, form, surety and manner of execution of such bond shall be approved by the City Attorney. The amount and term of such bond shall be set by the Board of Planning and Development after consultation with the City Attorney, City Engineer and other appropriate City officials. B. If the Board shall decide at any time during the term of the performance bond that certain improvements are no longer warranted, or that some improvements have been installed, or that additional improvements are necessary, the bond may be reduced or increased by an amount equal to the estimated cost of improvements not needed or needed in addition, or reduced by the actual costs of improvements completed, which actual cost shall be certified by applicant, provided that the 398 8 remaining bond is sufficient to cover the remaining needed improvements. C. In the event that required improvements have not been installed within the term of the performance bond, the Board may thereupon recommend to the Common Council that such bond be declared in default in the estimated amount necessary to install or complete such improvements, and that such amount shall be due the City. Upon receipt of such amount, the City shall install or cause to be installed the improvements to the extent commensurate with the extent of the development of the subject site plan that has taken place, but not exceeding in cost the amount received. D. If the Board or an appropriate City official shall find upon inspection that any of the required improvements has not been constructed in accordance with the site plan or conditions specified by the Board, then the applicant and the bonding agency, if any, shall be severally and jointly liable for the costs of completing or reconstructing said improvements as specified by the Board. E. Such performance bonds or portions thereof shall be released to the applicant only upon certification by applicant to the Board, and after an inspection report by an appropriate City official, that all required improvements or portions thereof have been satisfactorily completed. The Building Commissioner shall be responsible for the overall inspection of site improvements, including coordination with the Superintendent of Public Works, City Engineer and other officials and agencies, as appropriate. F. In lieu of requiring a performance bond to guarantee that required improvements are properly completed, the Board of Planning and Development shall have authority to require the applicant to incorporate appropriate deed restrictions in any deeds subsequently issued with respect to the subject property, or to require the applicant to provide for other recorded instruments to be filed respecting the subject property, that will guarantee that the required improvements are properly completed and maintained. 39.9 Expiration of Approval, Extension of Approval A. If construction of a development, for which a Site Development Plan has been approved, has not commenced within two years of the date of issuance of a building permit following final Site Development Plan approval, such approval shall expire. In such case, any other current permit for the project shall be suspended, revoked or otherwise held in abeyance as determined appropriate by the authority issuing such permit. B. Extensions of Site Development Plan approval may be granted by the Board of Planning and Development, provided that a written request and explanations of the need and duration of extension are received not less than ten days before a regular meeting of the Board. C. In the event of approval expiry, including extension if granted, the applicant shall repair any site preparation earthwork, including rough grading and foundation excavation, to return the site to a neat appearance and safe condition, as directed by the Building Commissioner. M, 399 19 Any person aggrieved by any decision of the Board of Planning and Development or of any officer or agency of the City may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and LO Rules. Such proceedings shall be initiated within thirty d" (30) days after the filing of a decision in the office of LO the City Clerk. 39.12 Severability Q If any section, paragraph or provision of this Ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of this Ordinance shall remain valid and effective. Carried Unanimously Alderperson Booth thanked the Planning and Development Board and Planning staff for the extensive amount of work which helped make this ordinance possible. *15.5 Environmental Review Regarding Cluster Zoning Ordinance By Alderperson Booth: Seconded by Alderperson Killeen CLUSTER SUBDIVISION ORDINANCE DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACTS WHEREAS, the matter of the adoption of an ordinance regulating the development of cluster subdivisions is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF) , and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including Part 617 regulations thereunder, and may be a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B)(5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form and Long Environmental Assessment Form dated January 11, 1989, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further 39.10 Enforcement Any person, corporation, or other legal entity who shall violate any provision of this ordinance, or any conditions imposed by a permit issued pursuant to final Site Development Plan approval as provided herein, shall be guilty of an offense and subject to a fine of not more than one thousand dollars ($1,000). Every such person or entity shall be deemed guilty of a (Wowl separate offense for each day such violation shall continue. 39.11 Appeal Any person aggrieved by any decision of the Board of Planning and Development or of any officer or agency of the City may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and LO Rules. Such proceedings shall be initiated within thirty d" (30) days after the filing of a decision in the office of LO the City Clerk. 39.12 Severability Q If any section, paragraph or provision of this Ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of this Ordinance shall remain valid and effective. Carried Unanimously Alderperson Booth thanked the Planning and Development Board and Planning staff for the extensive amount of work which helped make this ordinance possible. *15.5 Environmental Review Regarding Cluster Zoning Ordinance By Alderperson Booth: Seconded by Alderperson Killeen CLUSTER SUBDIVISION ORDINANCE DETERMINATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACTS WHEREAS, the matter of the adoption of an ordinance regulating the development of cluster subdivisions is currently under consideration by this Common Council, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF) , and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including Part 617 regulations thereunder, and may be a Type I action under the City Environmental Quality Review Act (EQR Section 36.5 (B)(5)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form and Long Environmental Assessment Form dated January 11, 1989, and be it further RESOLVED, That this Common Council, as lead agency be and it hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further U1�1E 20 RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Discussion followed on the floor. Alderpersons Schlather and Romanowski expressed their opposition to the negative declaration resolution. A vote on the resolution resulted as follows: Ayes (7) - Cummings, Peterson, Nichols, Johnson, Lytel, Booth, Killeen Nays (3) - Schlather, Romanowski, Hoffman Carried *15.6 An Ordinance Amending Article I of Section 30.3 and Article II of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Cluster Zoning) - Lift From Table By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That Ordinance No 89- amending Article I, Section 30.3 and Article II of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code (Cluster Zoning) be lifted from the table. Alderperson Booth summarized and commented on the Cluster Zoning Ordinance. ORDINANCE NO. 89 - AN ORDINANCE AMENDING ARTICLE I, SECTION 30.3, AND ARTICLE II 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 ARTICLE I, SECTION 30.3 OF CHAPTER 30. That Article I, Section 30.3 is hereby amended to add the following new definition: 11104. 'Cluster Subdivision' shall mean a subdivision in which limited deviations from the regulations of a zoning district in which it is built are permitted in accordance with the provisions of Section 30.28 of the Municipal Code." SECTION 2. AMENDING ARTICLE II OF CHAPTER 30. That Article II of Chapter 30 is hereby amended to add the following new section: "Section 30.28 Cluster Subdivision Development A. Intent This section authorizes the Board of Planning and Development, during the process of subdivision plat approval pursuant to Chapter 31 of the Municipal Code, to make reasonable changes in the existing zoning regulations for the property affected so as to enable the development of a cluster subdivision. This authorization permits deviations in the district regulations applicable to the affected property, subject to the limitations contained in this section. Cluster subdivisions may be approved in order to promote the following purposes: 401 21 1. Cluster subdivisions may only be permitted in the R -la, R -lb, R -2a, R -2b, R -3a and R -3b zoning districts. 2. Cluster subdivisions shall contain only those primary uses and accessory uses which are permitted in the zoning district in which the cluster subdivision is proposed, except as permitted by Paragraph B.3. 3. The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted: a. Building type for residential uses; provided that in the R -1a and R -1b districts, only one - family detached dwellings are permitted as primary uses; and in the R -2a and R -2b districts, no more than two dwelling units may be attached to form a single building, provided that each dwelling unit shall have a separate ground -level entrance. b. Lot area. C. Lot width at street line. d. Maximum percentage of land coverage by buildings on any individual lot within the cluster subdivision; provided that the total percentage of land coverage by all buildings in the cluster subdivision shall not exceed the following percentages for the zoning district in which the cluster subdivision is located: i. R -la 200 ii. R -lb 25% iii. R -2a 30% iv. R -2b 35% V. R -3a 35% vi. R -3b 40% 1. The preservation and enhancement of open spaces, water courses, wetlands and areas designated as critical environmental areas. 2. The development of active and passive recreation areas. 3. The development of residential dwelling units in forms which are consistent with the public welfare and which Q4001 provide reasonable safeguards to the appropriate use of adjoining land. 4. Efficient and cost - effective development of roads, sidewalks, utilities, water and sewer lines and other forms of public and private infrastructure. 5. The development of housing that is more affordable than that normally developed under conventional zoning LO regulations. LO LO B. Authorization and Minimum Requirements for Cluster Subdivisions. M The Board of Planning and Development is authorized, Q upon petition by an applicant for subdivision approval, to approve a cluster subdivision that includes reasonable deviations from the existing regulations of the zoning district in which the subdivision is located, in accordance with the following limitations: 1. Cluster subdivisions may only be permitted in the R -la, R -lb, R -2a, R -2b, R -3a and R -3b zoning districts. 2. Cluster subdivisions shall contain only those primary uses and accessory uses which are permitted in the zoning district in which the cluster subdivision is proposed, except as permitted by Paragraph B.3. 3. The following types of deviations from the zoning regulations of the district in which the cluster subdivision is proposed are permitted: a. Building type for residential uses; provided that in the R -1a and R -1b districts, only one - family detached dwellings are permitted as primary uses; and in the R -2a and R -2b districts, no more than two dwelling units may be attached to form a single building, provided that each dwelling unit shall have a separate ground -level entrance. b. Lot area. C. Lot width at street line. d. Maximum percentage of land coverage by buildings on any individual lot within the cluster subdivision; provided that the total percentage of land coverage by all buildings in the cluster subdivision shall not exceed the following percentages for the zoning district in which the cluster subdivision is located: i. R -la 200 ii. R -lb 25% iii. R -2a 30% iv. R -2b 35% V. R -3a 35% vi. R -3b 40% 402 22 e. Front, side and rear yard dimensions, provided that all buildings in a cluster subdivision shall have a front yard of at least twenty -five (25) feet in the R -la, R -1b, and R -2a zones and ten (10) feet in the R -2b, R -3a and R -3b zones; and further provided that all buildings in a cluster subdivision shall be at least the following number of feet from the boundary of a cluster subdivision where it abuts land (other than a public right -of -way) that is not part of the cluster subdivision: in the R -1 districts, forty (40) feet; in the R -2 and R -3 districts, twenty (20) feet. 4. The maximum number of dwelling units permitted in a cluster subdivision shall not exceed the number of dwelling units that would be permitted on the site in a conventional subdivision under the conventional zoning regulations for the zoning district in which the cluster subdivision is proposed, subject to all applicable development regulations applying to the property in question, plus any other restriction which the Board of Planning and Development has the authority to impose pursuant to Chapter 31 of the Municipal Code. 5. Any reduction in the lot area for buildings in a cluster subdivision beyond the minimum allowed in the zoning district in which the subdivision is located shall require the reservation of an equivalent amount of land as open space, passive recreation area or active recreation area. Wetlands, flood plains, steep slopes or other areas not normally appropriate for building construction shall not account for more than fifty (50) percent of the land area reserved. 6. All open space or recreation areas reserved in accordance with Paragraph 5 of this subdivision shall be dedicated as common land for the benefit of the members of the subdivision. The development, operation and maintenance of this property shall be in accordance with the approved site development plan and in a manner that is consistent with the public welfare. C. Approval of Cluster Subdivisions 1. The Board of Planning and Development may consider a developer's request for approval of a cluster subdivision or may require that a developer prepare and submit plans for a cluster subdivision that contains no greater number of dwelling units than that proposed by the developer. The Board shall adopt rules and regulations setting forth the criteria pursuant to which such an application may be required. The approval of a cluster subdivision shall follow the rules and procedures contained in Chapter 31 of the City of Ithaca Municipal Code, Subdivision Regulation. 2. Developers submitting a cluster subdivision plan shall submit two subdivision plans, one showing the land developed under the conventional zoning regulations and the other showing development under the cluster option. In addition to the requirements of Chapter 31 of the Municipal Code, the developer shall submit the following information on or with the cluster subdivision plan. 40;3 23 a. An area plan showing the proposed cluster subdivision and all existing land use and major natural features of the land within five hundred (500) feet of the project site. b. A site development plan showing the location, size, use and physical features of all proposed buildings and QUO., accessory uses; the location and design of vehicular and pedestrian access and the location of proposed parking areas. subdivision. f. Environmental review of the project at a level deemed appropriate by the Board of Planning and Development. g. Any other information that the Board of Planning and Development may reasonably require. 3. The approval of a cluster subdivision shall constitute the approval of a site development plan for the affected area. No development shall occur on the site that is not in strict conformance with the elements of the approved site development plan, nor shall the plan be modified without the approval of the Board of Planning and Development. 4. A cluster subdivision shall not be approved unless the Board of Planning and Development makes the following affirmative findings, and states in writing the facts that support those findings: a. That the development is found to be compatible in terms of appearance, character and overall density with both the existing and potential development in the surrounding area. b. That the development will not place an unreasonable burden on the public roads or utilities that will service the project. C. That the development will promote the preservation of open space and natural resources within the neighborhood to a greater degree than would conventional development. C. A landscaping plan showing the type and location of all existing trees, vegetation and natural features on the site; the identification of all existing vegetation to be preserved; the (� identification of all new vegetation to d- be added; and the location and type of LO fences, berms or buffer areas. d. A plan showing the boundaries of common M areas to be reserved, and the proposed Q use, development and maintenance of those spaces. e. Elevations of typical dwelling units to be constructed in the cluster subdivision. f. Environmental review of the project at a level deemed appropriate by the Board of Planning and Development. g. Any other information that the Board of Planning and Development may reasonably require. 3. The approval of a cluster subdivision shall constitute the approval of a site development plan for the affected area. No development shall occur on the site that is not in strict conformance with the elements of the approved site development plan, nor shall the plan be modified without the approval of the Board of Planning and Development. 4. A cluster subdivision shall not be approved unless the Board of Planning and Development makes the following affirmative findings, and states in writing the facts that support those findings: a. That the development is found to be compatible in terms of appearance, character and overall density with both the existing and potential development in the surrounding area. b. That the development will not place an unreasonable burden on the public roads or utilities that will service the project. C. That the development will promote the preservation of open space and natural resources within the neighborhood to a greater degree than would conventional development. I.' 24 d. That the development is consistent with the public welfare and that the appropriate use of adjoining land is reasonably safeguarded. e. That the development will not have an undue adverse impact on any critical area listed in Section 36.5(B)(1)(1) of the Municipal Code. f. That the development complies with the approved street plan and master plan, if any, for the area." SECTION 3. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Discussion followed on the floor. Alderperson Schlather voiced his strong opposition to the ordinance. Alderpersons Hoffman and Peterson also stated their opposition. A vote on the resolution resulted as follows: Ayes (6) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen Nays (4) - Romanowski, Schlather, Hoffman, Peterson Carried PLANNING AND DEVELOPMENT COMMITTEE: *18.5 Sale of Land on Floral Avenue _ toINHS /Mutual Housinq Association By Alderperson Cummings: Seconded by Alderperson Johnson WHEREAS, Common Council has previously expressed an interest in selling tax parcel 77 -2 -6 on Floral Avenue to Ithaca Neighborhood Housing Services, Inc. /Mutual Housing Assn., and WHEREAS, the attorneys for the City and for INHS have recommended that a straight cash sale would facilitate this transaction; now, therefore be it RESOLVED that Common Council does Ithaca Urban Renewal Agency dispose INHS /Mutual Housing Association requirements of State and local law procedures for such transactions in the Common Council. Discussion followed on the floor. hereby direct that the of said city land to the in accordance with the and the established IURA cluding final approval by Alderperson Cummings urged the Council to vote 'yes' on this resolution. She commented that Neighborhood Housing Services is proceeding with Mutual Housing Association plans on the site as we have seen those plans presented to us at our last Community Development application go- round. Alderperson Schlather asked if conditions for sale of this property could include the swapping of land or the granting of easements or restrictions on the land which is located to the west of Chestnut Street. Alderperson Cummings responded that that was not INHS's wish. She stated that her understanding of the intention of this resolution is for a straight cash sale, not to include contingencies. 0 405 Main Motion as Amended Further discussion followed on the floor on the Main Motion as Amended. Substitute Resolution By Alderperson Hoffman: Seconded by Alderperson Schlather RESOLVED, That a substitute resolution be enacted deleting the words "Ithaca Urban Renewal Agency" from the resolution, and the words "Common Council" be inserted in its place, to read as follows in the resolved: "That Common Council does hereby begin the procedure to dispose of said city land to the INHS /Mutual Housing Association in accordance with the requirements of State and local law and the established procedures for such transactions including final approval by the Common Council ". Discussion followed on the floor on the substitute resolution. A vote of the substitute resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Booth, Hoffman Nays (6) - Peterson, Cummings, Lytel, Killeen, Johnson, Nichols Motion Fails Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Nichols, Lytel, Cummings, Johnson, Peterson, Hoffman, Killeen, Romanowski Nay (1) - Booth Carried 25 Alderperson Schlather asked why INNS is resistant to using, as this part of the negotiations for the purchase of property, the west side of Chestnut Street. He the land which is on that neighbors have approached him with this as stated something that is of interest to the neighborhood because it would preserve green space between West Village and some of the that single family and two - family homes that back up onto not only a buffer but a particular parcel. It would provide (600e park type area. Dennis Wille, from INHS, explained the plans that INHS has for the Floral Avenue parcel and answered questions from Council. Planning and Development Director Van Cort responded to questions from Council and stated that if the city wants the land west of Chestnut Street as a public park and it has value to INHS as a developable site, then the city should compensate INHS by a cash sale. Further discussion followed on the floor on the possibility of (O the city acquiring the land to the west of Chestnut Street. r M Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski Q RESOLVED, That the second WHEREAS of the resolution, which reads as follows "whereas, the attorneys for the city and for INHS have recommended that a straight cash sale would facilitate this transaction" be deleted. A vote on the amendment resulted as follows: Ayes (6) - Schlather, Romanowski, Nichols, Booth, Killeen, Hoffman Nays (4) - Peterson, Cummings, Lytel, Johnson Carried Main Motion as Amended Further discussion followed on the floor on the Main Motion as Amended. Substitute Resolution By Alderperson Hoffman: Seconded by Alderperson Schlather RESOLVED, That a substitute resolution be enacted deleting the words "Ithaca Urban Renewal Agency" from the resolution, and the words "Common Council" be inserted in its place, to read as follows in the resolved: "That Common Council does hereby begin the procedure to dispose of said city land to the INHS /Mutual Housing Association in accordance with the requirements of State and local law and the established procedures for such transactions including final approval by the Common Council ". Discussion followed on the floor on the substitute resolution. A vote of the substitute resolution resulted as follows: Ayes (4) - Schlather, Romanowski, Booth, Hoffman Nays (6) - Peterson, Cummings, Lytel, Killeen, Johnson, Nichols Motion Fails Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Schlather, Nichols, Lytel, Cummings, Johnson, Peterson, Hoffman, Killeen, Romanowski Nay (1) - Booth Carried 406 26 *18.6 Hydropower Legislative Options By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED that Common Council does hereby request Congressman Matthew McHugh, Assemblyman Martin Luster and State Senator James Seward to fully explore all legislative options available for exempting the Ithaca Falls and Sixty Foot Dam sites from hydropower development and to report their findings to the City of Ithaca Common Council. Alderperson Hoffman stated that it is the feeling of the hydropower commission that the city should be exploring with equal effort all the possible outcomes of this particular issue. A vote on the resolution resulted as follows: Carried Unanimously *18.7 Hydropower Legal Options By Alderperson Cummings: Seconded by Alderperson Hoffman WHEREAS, there is still some question in the community of the ability of the City to gain long -term protection of potential sites from hydropower development; now, therefore, be it RESOLVED that Common Council hereby directs the City Attorney to investigate thoroughly the legal options for long term protection of the Ithaca Falls and Sixty Foot Dam sites from hydropower development. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously RECESS Common Council recessed at 9:35 p.m. and reconvened in regular session at 9:45 p.m. CHARTER AND ORDINANCE COMMITTEE: *15.1 Delegation of Authority to Cable TV Commission WHEREAS, the City of Ithaca did establish by resolution of the Common Council an "Advisory Committee on Cable Television" consisting of five persons on February 24, 1975, which committee continues to meet and operate under the name of "The Cable Commission ", and WHEREAS, the City of Ithaca has recently entered into a new cable television franchise agreement with American Community Cablevision, which provides in Section 24.9 thereof that "the Mayor or the Cable Commission shall be responsible for the continuing administration of this Franchise," and WHEREAS, the City of Ithaca has also recently adopted a "Cable Communications Ordinance," which provides in Section 64.5 (5.1) thereof that the authority under said Ordinance "shall be vested in the Common Council or its designee to provide day -to- day administration and enforcement of the provisions of this Ordinance and any Franchise granted hereunder, and to carry out the City's responsibility with regard to cable communication," and WHEREAS, Common Council desires to officially rename the "Advisory Committee on Cable Television" and designate it under said Ordinance; now, therefore, be it RESOLVED, That the "Advisory Committee on Cable Television "established by resolution of the Common Council on February 24,1975 is officially renamed "The Cable Commission." The Cable Commission shall continue to have five voting members, who shall serve five year terms. Present members of the "Advisory Committee on Cable Television" shall continue as 0 I rn 407 The City of Ithaca shall not be liable for the damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building, or other city owned property or structure being out of repair, unsafe, dangerous or obstructed by snow, ice, or otherwise, or in any way or manner, including but not limited to protruding pipes, 27 members of "The Cable Commission through the balance of their the terms. New members shall be appointed by the Mayor with Council, approval of Common Council. One member of Common non voting appointed in the same manner, shall also serve as a At the first meeting of each member of The Cable Commission. shall elect a Chair, a Vice -Chair year, The Cable Commission shall adopt a schedule of monthly meetings. and a Secretary and the minutes of each meeting shall be transmitted to Copies of the Mayor and Common Council, and be it further (W0001 RESOLVED, That The Cable Commission is hereby designated to provide day -to -day administration and enforcement of the „ of the Cable Communications Ordinance" and any provisions Franchise granted thereunder, and to carry out the City's responsibility with regard to cable communications pursuant to Cable Communications Ordinance Section 64.5 (5.1), subject to review by Common Council as it deems appropriate at any time. Alderperson Lytel stated for the record that day -to -day administration and enforcement of the provisions of the LO franchise does not include the findings and determinations of breach of the contract which under the franchise and ordinance is reserved to the Common Council. M 'Q City Attorney Nash agreed that the ultimate determination of breach is reserved to Council. A vote on the resolution resulted as follows: Ayes (9) - Booth, Schlather, Cummings, Lytel, Johnson, Hoffman, Peterson, Nichols, Killeen Abstention (1) - Romanowski (Conflict of Interest) Carried the resolution on Cable It was noted for the record that above Television should be included in the section entitled "Resolutions" in the City of Ithaca Municipal Code. *15.2 Amendment to Section 7.10 of the City Charter Respecting Liability of the City for a Defect on City Property Where the Cit Has Not Received Written Notice of That Defect Local Law By Alderperson Booth: Seconded by Alderperson Killeen LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW AMENDING ARTICLE 7, SECTION 7.10 ENTITLED 'LIABILITY FOR SIDEWALK INJURIES' 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 7.10 OF THE CITY OF ITHACA CHARTER. Article 7, Section 7.10 of the City of Ithaca Charter is hereby amended to read as follows: SECTION 7.10 LIABILITY FOR DAMAGE AND INJURIES OCCURRING ON CI`T'Y PROPERTY. The City of Ithaca shall not be liable for the damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building, or other city owned property or structure being out of repair, unsafe, dangerous or obstructed by snow, ice, or otherwise, or in any way or manner, including but not limited to protruding pipes, 408 W metal plates or covers, or other objects, unless written notice of the defective, unsafe, dangerous, obstructed or concealed conditions of said street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building or other city owned property or structure shall have been given to the Board of Public Works of the City of Ithaca, by delivery to the Office of the City Clerk or to the Office of the Superintendent of Public Works at least 24 hours previous to said damage or injury. This section applies to claims of infants and all other persons. Any and all actions maintained for damages or injuries to person or property caused or sustained as aforesaid shall be commenced in accordance with the requirements of section 50(e) and (i) of the New York State General Municipal Law. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Alderperson Booth explained the purpose of this Local Law. Discussion followed on the floor. Alderperson Schlather argued against the Local Law and explained why he will vote against it. He believes this Local Law is fundamentally unfair to the victim. Further discussion followed on the floor. A vote on the Local Law resulted as follows: Ayes (7) - Lytel, Cummings, Nichols, Johnson, Booth, Peterson, Hoffman Nays (3) - Romanowski, Schlather, Killeen Carried *15.7 Zoning Changes for Parcels of Land Located Along Green Street on Which Tompkins County Plans to Build a New Mental Health Building - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That Ordinance No. 89 - entitled "An Ordinance Amending the Official Zoning Map 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 Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday, March 1, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Carried Unanimously 40,E 29 Beginning at a point on the northwest corner of tax parcel number 81 -3 -2, thence easterly along the northern boundary of tax parcel number 81 -3 -2 a distance of 39 feet to a point on the northern boundary of tax parcel number 81 -3 -2, thence northeasterly a distance of 30 feet to a point on the western boundary of tax parcel number 70 -8 -13 that is 16 feet north of the intersection of the northern boundary of tax parcel number 81 -3 -2 and the western boundary of tax parcel number 70 -8 -13, thence southerly along the western boundary of tax parcel number 70 -8 -13 a distance of approximately 56 feet to the southwest corner of tax parcel number 70 -8 -13, thence southwesterly along the northern boundary of the rim of Six Mile Creek a distance of approxi- mately 75 feet to the southwest corner of tax parcel number 81 -3 -2, thence northerly along the western boundary of tax parcel number 81 -3 -2 a distance of approximately 91 feet to the point of beginning. This area includes a portion of the right -of -way of South Tioga Street. 3. That the "Official Zoning Map of the City of Ithaca, New York" is hereby amended and changed so that the following described area presently located in. the B -2b, Business District, is reclassified and changed to the P -1, Public and Institutional District: All that tract of parcel of land described as follows: Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary ORDINANCE NO. 89 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE Council of the City BE IT ORDAINED AND ENACTED by the Common of Ithaca, New York as follows: SECTION 1. AMENDING THE ZONING MAP. (400e, 1. That the "Official Zoning Map of the City of Ithaca, New is hereby amended and changed so that York" as last amended, the following described area presently located in the B -2b, Business District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel LO number 70 -8 -11, thence easterly and southeasterly along the d northern boundary of tax parcel 70 -8 -11 a distance of LO approximately 150 feet to the northeast corner of tax parcel number 70 -8 -11, thence southeasterly along the eastern approxi- boundary of tax parcel number 70 -8 -11 a distance of mately 41 feet to the southeast corner of tax parcel number Q 70 -8 -11, thence southwesterly along the southern boundaries of tax parcel numbers 70 -8 -11 and 70 -8 -13 a distance of approximately 179 feet to the southwest corner of tax parcel number 70 -8 -13, thence northerly along the western boundaries of tax parcel numbers 70 -8 -13, 70 -8 -12 and 70 -8- 11 a distance of approximately 137 feet to the point of beginning. This area includes all of tax parcel numbers 70- 8-11, 70 -8 -12 and 70 -8 -13. 2. That the "Official Zoning Map of the City of Ithaca, New is hereby amended and changed so that York" as last amended, we the following described area presently located in the P -1, Public and Institutional District, is reclassified and changed to the B -2c, Business District: All that tract or parcel of land described as follows: Beginning at a point on the northwest corner of tax parcel number 81 -3 -2, thence easterly along the northern boundary of tax parcel number 81 -3 -2 a distance of 39 feet to a point on the northern boundary of tax parcel number 81 -3 -2, thence northeasterly a distance of 30 feet to a point on the western boundary of tax parcel number 70 -8 -13 that is 16 feet north of the intersection of the northern boundary of tax parcel number 81 -3 -2 and the western boundary of tax parcel number 70 -8 -13, thence southerly along the western boundary of tax parcel number 70 -8 -13 a distance of approximately 56 feet to the southwest corner of tax parcel number 70 -8 -13, thence southwesterly along the northern boundary of the rim of Six Mile Creek a distance of approxi- mately 75 feet to the southwest corner of tax parcel number 81 -3 -2, thence northerly along the western boundary of tax parcel number 81 -3 -2 a distance of approximately 91 feet to the point of beginning. This area includes a portion of the right -of -way of South Tioga Street. 3. That the "Official Zoning Map of the City of Ithaca, New York" is hereby amended and changed so that the following described area presently located in. the B -2b, Business District, is reclassified and changed to the P -1, Public and Institutional District: All that tract of parcel of land described as follows: Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary 41() 30 Beginning at a point on the southeast corner of tax parcel number 70 -8 -11, thence northerly along the eastern boundary of tax parcel number 70 -8 -11 a distance of approximately 41 feet to the northeast corner of tax parcel number 70 -8 -11, thence northwesterly along the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 30 feet to a point approximately 120 feet east of the northwest corner of tax parcel number 70 -8 -11, thence easterly along a line that is the easterly continuation of the northern boundary of tax parcel number 70 -8 -11 a distance of approximately 160 feet until it intersects the rim of Six Mile Creek, thence southeasterly along the rim of Six Mile Creek for a distance of approximately 135 to the point of beginning. This area includes a portion of the right -of -way of East Green Street. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth stated that Planning and Development Deputy Director Mazzarella will be doing an Environmental Review that will be presented at the March Common Council meeting and there will be a public hearing at that time. He urged Common Council to support the resolution. *15.8 Local Law to Remove Real Property Tax Exemption Provided Under Section 485 -b of the NYS Real Property Tax Law By Alderperson Booth: Seconded by Alderperson Nichols LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW REDUCING THE PER CENTUM EXEMPTION PROVIDED PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW SECTION 485 -b. BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. REDUCING THE PER CENTUM EXEMPTION PROVIDED PURSUANT TO NEW YORK STATE REAL PROPERTY TAX LAW SECTION 485 -b. The per centum exemption from taxation and special ad valorem levies provided pursuant to New York State Real Property Tax Law Section 485 -b is hereby reduced to zero for all years; provided, however, that any project in course of construction and exemptions existing prior in time to passage of this local law shall not be subject to such reduction. SECTION 2. EFFECTIVE DATE. This local law shall take effect immediately after filing in the Office of the Secretary of State. Carried Unanimously Membership of Planning and Development Board - Report Alderperson Booth reported that this issue was not discussed at committee because they ran out of time. However, he has had discussions with Alderperson Killeen and Ms. Blumenthal, Chair of the Planning Board, and their feeling is that they would- like to examine this issue before Council makes changes. He asked Council if they wish to have the Charter and Ordinance Committee proceed quickly on this or are they willing to allow some period of time to go by before the committee consider it and bring back a recommendation to Council. I rt 31 Alderperson Cummings stated that she would very much like to have the Planning Board have an opportunity to examine the areas in which they feel there is a need for greater expertise. She suggested that there be a six month period for study of this matter. Council agreed to this timetable. BUDGET AND ADMINISTRATION COMMITTEE *16.1 Auditing Services By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the firm of Ciaschi, Dieters - Hagen, Schaufler and Mickelson be retained by the city to perform an examination of the City of Ithaca financial statements for the years ended December 31, 1989, 1990, and 1991, at a total cost not to exceed $38,500. Carried Unanimously *16.2 Police De artment Transfer of Funds By Alderperson Schlather: Seconded by Alderperson Hoffman l)1 RESOLVED, That an amount not to exceed $6,808 be transferred from Account A1990, Unrestricted Contingency, to Police °) Motor Vehicles, to allow for Department Account A3120 -215, increased costs of vehicles authorized to be purchased, as requested by the Police Chief. Carried Unanimously *16.4 Fire Department Transfer of Funds By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That an amount not to exceed $134,850 be transferred from Account A1990, Restricted Contingency, to the following accounts of the Fire Department: A3410 -105 Administrative Salaries $40,692 (4000.1 A3410 -110 Staff Salaries 89,308 A3410 -415 Clothing 4,850 Carried Unanimously *16.5 Fire Department Personnel_ Roster By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the 1989 Authorized Personnel Roster of the Fire Department be amended as follows: Add - 1 Deputy Fire Chief Position Add - 4 Firefighter Positions Add - 1 P/T Volunteer Coordinator Position Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Johnson, Lytel, Peterson, Hoffman, Killeen, Romanowski, Booth, Nichols Nay (1) - Cummings Carried *16.21 Fire Protection Contract Amendment By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That Section Twelve of the Fire Protection Contract between the City of Ithaca and the Town of Ithaca be amended as follows: A. The addition of one Deputy Chief, with a new total of two. B. The addition of four Firefighters, with a new total of forty- eight. C. The addition of one half -time volunteer coordinator. D. That the total number of positions for the Fire Department be increased to 65 1/2, and be it further // W RESOLVED, That the projected operating costs for the base years 1989 and 1990 be amended to reflect the total adjusted cost related to said increased staffing levels. Carried Unanimously *16.6 Amend 1989 Adopted Budget By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the 1989 approved City Budget be amended as follows: Increase Revenues A3820 - State Aid, Youth Services $ 5,112 Increase Youth Bureau Appropriations A7310 -120 - P/T and Seasonal $ 4,954 A7310 -435 - Contractual Services 60 A7310 -445 - Travel and Mileage 48 A7310 -460 - Program Supplies 50 and that this be contingent upon approval of State Aid in the amount of $5,112. Carried Unanimously *16.7 Building Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1989 Authorized Personnel Roster of the Building Department be amended as follows: Add - 1 Senior Typist Position - 40 Hours Delete - 1 Senior Stenographer Position - 40 Hours Carried Unanimously *16.8 Capital Reserve Fund By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, Common Council has provided $200,000 for the year 1989, and intends to include additional amounts during subsequent years to acquire property located in the area of the City of Ithaca's drinking water reservoir for the purpose of protecting the city's continued supply of safe drinking water and for protection of the watershed's sensitive environmental areas on said property; now, therefore, be it RESOLVED, That pursuant to Section 6 -C of the General Municipal Law of the State of New York, that: (1) There be, and hereby is, authorized and established a Capital Reserve Fund, to wit: Land Acquisition, which fund shall be known and designated as Capital Reserve Fund No. 26, Land Acquisition, and which may be referred to as Capital Reserve Fund No. 26. (2) There is hereby appropriated to said Fund, the sum of $200,000 from Water Fund Surplus. (3) The City Controller be directed to deposit such appro- priation, as soon as possible, in said Fund, in one or more banks designated as Depositories of the Funds of the City of Ithaca. (4) The City Controller be authorized and directed to invest the monies in such fund, as provided by law. (5) The City Controller shall keep a separate account of such fund in the manner provided by Section 6 -C of the General Municipal Law of the State of New York. (6) Expenditures shall be made from such fund only by an authorization of Common Council and only for the specified use hereinabove described. 33 Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously *16.9 Police Department Radio Equipment By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, this Common Council has been requested by the City of (UW001 Ithaca Police Department to standardize on Motorola radio equipment as the type of Zequipment the city o be use the City of Ithaca, and to authors Y to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest econom e city for reasons of efficiency, compatibility approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has all 0*0 Motorola radio equipment and radio console. 0.) Ci) 2. This action will minimize the inventory of repair parts 14 which would have to be maintained for the service of Ij said radio equipment. 3. Labor cost for maintenance and service of a standard type of equipment will be less than if required to service several different types of equipment. 4, Present Motorola radio equipment has been satisfactory to the uses of the City of Ithaca Police Department. 5. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by the City of Ithaca Police Department during the year 1989. Carried Unanimously *16 10 Police Department Voice Equipment By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, this Common Council has been requested by the City of Ithaca Police Department to standardize on Controlonics voice equipment as the type of equipment to be used in the City of Ithaca, and to authorize the city to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the city, for reasons of efficiency, compatibility and economics, to approve such standardization for the following reasons: 1. The City of Ithaca Police Department presently has Controlonics voice scrambler equipment installed in the mobile units and the main communication desk. 2. Compatibility is not possible with other brands of voice scrambling equipment. 3. The cost of maintenance, parts and service will be less than if different types of equipment were being used; now, therefore be it 34 RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Controlonics equipment as the type of such equipment to be used and purchased by the City of Ithaca Police Department during the year 1989. Carried Unanimously *16.11 Fire Department Radio Equipment By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, this Common Council has been requested to standardize on Motorola radio equipment as the type of minitors and portable two -way radios to be used by the City of Ithaca Fire Department, and WHEREAS, it is deemed to be in the best interest of the City of Ithaca, for reasons of efficiency, compatibility and economics, to approve such standardization for the following reasons: 1. The City of Ithaca Fire Department presently has all Motorola portable two -way radios and minitor receivers. 2. Standardization would provide the need for only one Service Contract for the portable radios. 3. The Motorola two -way radios in the fire vehicles belong to the County and are maintained by them. 4. The present Motorola radio equipment has been satisfactory to the uses of the Fire Department; now, therefore, be it RESOLVED, That pursuant to Subdivision 5, Section 103 of the General Municipal Law of the State of New York, this Common Council of the City of Ithaca hereby authorizes the standardization of Motorola equipment as the type of minitors and portable two -way radios to be used by the City of Ithaca Fire Department during the year 1989. Carried Unanimously *16.12 City Controller Waiver By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, it is the intention of the Mayor, at an appropriate time to appoint Dominick Cafferillo as City Controller; now, therefore be it RESOLVED, That steps 2(A) through 2(D) of the Appointment Process, as outlined in Section 2.27 of the Ithaca City Charter, be waived for the position of City Controller, which will become vacant effective May 27, 1989. Carried Unanimously *16.13 Deputy City Controller Search Committee By Alderperson Schlather: Seconded by Alderperson Hoffman WHEREAS, the City of Ithaca's Charter, Section 2.27, paragraph 2A, calls for the establishment of an Ad Hoc Selection Committee prior to the appointment of individuals to fill specific positions identified in this Section of the Charter, and WHEREAS, the position of Deputy City Controller is one such position and will become vacant on the effective date of the City Controller's appointment, and WHEREAS, the Charter also calls for three members of the Common Council to be selected by the Council to sit as voting members of the Ad Hoc Selection Committee; now, therefore, be it *16.15 Senior Stenographer Salary By Alderperson Schlather: Seconded by Alderperson Johnson (Wwo" RESOLVED, That the 1989 salary for Denise Malone, Senior Stenographer in the Personnel Department, be established at $16,405, that being Step 7 on the 1989 Compensation Plan for Confidential Employees not covered by a Union, retroactive to the first pay period of 1989. Carried Unanimously *16.17 Art Work Conveyed to the City By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Ithaca Centennial Commission hereby conveys to the City of Ithaca thirteen (13) pieces of artwork purchased by the Commission as art for public places within this community; now, therefore, be it 35 RESOLVED, That the Common Council selects the following members Selection Committee for the of Council to sit on the Ad Hoc position of Deputy City Controller: Alderperson Schlather Alderperson Killeen Alderperson Romanowski Carried Unanimously (00", *16.14 Su erintendent of gecondedrby Alderperson1Killeen Schlather: By Alderperson Charter, Section 2.27, paragraph WHEREAS, the City of Ithaca's Hoc Sel the establishment fofa 2A, calls for toeCfill to the app ointment ind�dvidu is Committee prior specific positions identified in this Section of the Charter, and WHEREAS, the position of Superintendent of Public Works is one such position and will become vacant in the near future, and position to succeed tration; a member of Common Council appointed by the 0 -') WHEREAS, the Charter also calls for three members of the Common voting members (l, Council to be selected by the Council to sit as Selection Committee; now, therefore, be it of the Ad Hoc RESOLVED, That the Common Council selects the following Selection Committee for members of Council to sit on the Ad Hoc the position of Superintendent of Public Works: Alderperson Nichols Alderperson Cummings Alderperson Hoffman Carried Unanimously *16.15 Senior Stenographer Salary By Alderperson Schlather: Seconded by Alderperson Johnson (Wwo" RESOLVED, That the 1989 salary for Denise Malone, Senior Stenographer in the Personnel Department, be established at $16,405, that being Step 7 on the 1989 Compensation Plan for Confidential Employees not covered by a Union, retroactive to the first pay period of 1989. Carried Unanimously *16.17 Art Work Conveyed to the City By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the Ithaca Centennial Commission hereby conveys to the City of Ithaca thirteen (13) pieces of artwork purchased by the Commission as art for public places within this community; now, therefore, be it RESOLVED, That Common Council gratefully accepts the artwork its deep conveyed to the City and wishes to express be it appreciation to the Ithaca Centennial Commission, and further RESOLVED, That this Common Council agrees to accept the art by the Centennial Arts and works for public places purchased subject to the following conditions: Culture Committee, 1. That Council set up a Centennial Arts Commission that of and addition to the will oversee maintenance of art for public places purchased existing collection during the Centennial year. It is initially proposed that membership of this group be made up of two representatives of the Arts and Culture Committee of the Ithaca Centennial Commission; Jean Deming (with provision for her successor in an equivalent city her) representing the city adminis- position to succeed tration; a member of Common Council appointed by the Mayor, and a representative from the Board of Public Works. I -. 36 2. That $4,000 of Ithaca Centennial funds be granted to the city to underwrite expenses for maintenance of and addition to the collection for the first two years of operation. 3. That Council agree to proper maintenance of and additions to this collection within budget constraints. 4. That this Commission be charged with finding appropriate public places for display of this initial collection, and any additions to this collection in the future, subject to the approval of the Board of Public Works. 5. That this Commission see that these works are promptly displayed in places with appropriate security, and that the works be marked with plaques containing the title of the work, the artist, and a notation that the work is part of the Centennial collection developed during the City's Centennial Year of 1988. Carried Unanimously *16.18 Planning Department Personnel Roster By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That the 1989 approved Personnel Roster of the Planning Department be amended as follows: Add - 1 Landscape Architect /Environmental Planner, and be it further RESOLVED, That this position be placed at Grade 28 of the 1989 C.S.E.A. - Administrative Unit Compensation Plan, with a salary range of $20,855 - $26,388, and be it further RESOLVED, That an amount not to exceed $20,000 be transferred from Account A1990, Restricted Contingency, to the following Planning Department accounts: //0 A8020 -1-@4 Staff Salaries $19,000 A8020 -450 Advertising 1,000 and be it further RESOLVED, That it is understood that this position is established to support the requirements of the Site Development Review Plan Ordinance. Carried Unanimously *16.19 North Quarry Street Retaining Wall By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, Capital Project #216, North Quarry Street Retaining Wall, was authorized and funded in the 1988 Budget for an amount not to exceed $187,000, and WHEREAS, the City Engineer has requested that Common Council increase the authorization to $215,000; now, therefore, be it RESOLVED, That this Common Council approves the request, subject to acceptance and approval by the Board of Public Works, to increase the authorization of Capital Project #216, North Quarry Street Retaining Wall, from $187,000 to $215,000, and be it further �q.- l.) ) (. ) .j W1 37 RESOLVED, That the increase of $28,000 be funded as follows: A. Transfer from A1990, Unrestricted Contingency $ 1,400 B. Issuance of Bond Anticipation Notes 26,600 Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) Nay (1) - 28 000 Romanowski, Lytel, Cummings, Killeen, Johnson, Booth, Hoffman, Peterson, Nichols Schlather Carried *16.20 Audit By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #2/1989, in the total amount of $29,733.81, be approved for payment. Carried Unanimously HUMAN SERVICES COMMITTEE: Police Department Issues - Report Alderperson Peterson reported that the committee has discussed with Chief McEwen and PBA President Saul the report that the Human Services Committee did in October 1987 on police issues. She said that the Chief basically concurred with many of its conclusions and explained where he is in working on those issues. The key element for Human Services is to start working closely with the Police Commissioners in resolving some of the problems that there are with operations. The Police Commissioners and some members of Council will be meeting to discuss ways of dealing with these issues. *1.7.2 Cornell Universit and Ithaca Colle e Contributions to the Fire Budget Sec By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the total budgeted cost of the operation of the Fire Department of the City of Ithaca for the calendar year 1989 (not including the cost of building and renovating fire stations) is $3,530,000, and WHEREAS, the Ithaca Fire Department provides regular service on call to Cornell University and Ithaca College, and WHEREAS, in the calendar year 1988 the calls made by the Fire Department to Cornell University were 18.20 of the total calls in the service district and the calls to Ithaca College were 6.3% of the total calls, and WHEREAS, on the basis of its percentage of fire calls the Cornell share of the fire department operating costs for 1989 is $642,400, and WHEREAS, the cost of operation of the Ithaca Fire Department is a burden on the taxpayers of the city representing about 17% of the City tax level, and WHEREAS, Cornell University has agreed to contribute only $106,020 to the city for fire service in 1989 and Ithaca College has stated that it will make no contribution to the Town of Ithaca for fire service in 1989; now, therefore, be it RESOLVED, That the Ithaca Common Council urges Cornell University to budget for 1990 and future years its full and fair share of the cost of fire service, which for 1990 is estimated to be about $700,000, and be it further RESOLVED, That the Ithaca Town Board be urged to make a similar request to Cornell University and to Ithaca College (as per Article II of the fire contract), and be it further RESOLVED, That the Tompkins County Board of Representatives are urged to support this request and to inform Cornell University and Ithaca College of this support, and be it further, RESOLVED, That this resolution be transmitted to the Ithaca Town Board and County Board of Representatives, and to the President and the Board of Trustees of Cornell University, and be it further RESOLVED, That the Common Council requests a meeting between the appropriate Committee of the Board of Trustees and Common Council (and other appropriate City staff). Carried Unanimously *17.3 Committee to Review Additional Fire Personnel By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, Common Council requested that the Human Services Committee recommend the makeup of a special committee to review and analyze a plan for additional fire personnel, with the objective of a recommendation on this matter in a timely fashion; now, therefore, be it RESOLVED, That such a committee be comprised of the Mayor, the Town Supervisor, two Common Council members, two Town Board members, two Fire Commissioners, and ex- officio membership of the Fire Chief, a representative of the firefighters union, and one from the volunteer companies, and be it further _J RESOLVED, That a plan and recommendation be made by July 1, 1989. Discussion followed on the make -up of the committee. Alderperson Killeen offered and Alderperson Hoffman seconded the following substitute resolution: Substitute Resolution By Alderperson Killeen: Seconded by WHEREAS, Common Council requested Committee recommend the makeup of a and analyze a plan for additional objective of a recommendation on fashion; now, therefore, be it Alderperson Hoffman that the Human Services special committee to review fire personnel, with the this matter in a timely RESOLVED, That such a committee with a Chair selected by the members be comprised of two Common Council members, two Town Board members, and three Fire Commissioners with the Fire Chief serving ex- officio and providing staff support, and be it further RESOLVED, That a plan and recommendation(s) be made by or before July 1, 1989 and submitted to appropriate reviewing authority. Discussion followed on the floor on Alderperson Killeen's substitute resolution. A vote on the substitute resolution resulted as follows: Ayes (1) - Killeen Nays (9) - Schlather, Romanowski, Booth, Nichols, Hoffman, Peterson, Lytel, Cummings, Johnson Motion Fails 39 Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously *17.4 Human Services Plan for 1989 By Alderperson Peterson: Seconded by Alderperson Booth WHEREAS, the City wishes to fund human services, providing that they have met the City's review criteria and the Human Services Coalition process and provide a service as identified under the City of Ithaca Human Services Plan; now, therefore, be it RESOLVED, That the following areas of human services are identified as crucial to the provision of a good quality of life for all Ithacans, and that the City may meet the need for these services thr HUMAN SERVICES PLAN specific ci is agencies. PLANNING AND DEVELOPMENT COMMITTEE: R 2c Zoning District - Report Alderperson Cummings reported that the Planning and Development Committee has been working on a chart change allowing attached units of up to six units in certain areas of the R -2 Residential District. She stated that the chart changes will be presented to Council in March. *18.2 Planning and Development Department 1989 Work Program Alderperson Cummings withdrew Item 18.2 from the agenda It was referred back to the Planning and Development Committee. Center Ithaca Expansion - Report Alderperson Cummings reported that the committee had a presentation at their meeting of the physical part of the project. She stated that Center Ithaca is about ready to begin construction of retail space under the Green Street Parking Ramp. The committee will be discussing the financial part of the package next month. *18.4 Route 96 Action Schedule By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED that at its regular meeting on March 1, 1989 the Common Council shall seek to adopt a statement of its views, if timely and appropriate, on the various "Route 96" options being considered by the New York State Department of Transportation. Before such meeting the Council will hold a public meeting 1. Emergency food, clothing, supplies 2. Temporary shelter 3. Child care O) 4. Skills development [) 5. Transportation - seniors, disabled Youth Bureau 6. Housing assistance for low -mod income Cil 7. Assistance to low income for basic needs with at -risk youth to 8. Youth services the staircase at Six Mile 9. Senior citizens services 10. Crisis and dispute resolution 11. Assistance to persons in distress Discussion followed on the floor. PLANNING AND DEVELOPMENT COMMITTEE: R 2c Zoning District - Report Alderperson Cummings reported that the Planning and Development Committee has been working on a chart change allowing attached units of up to six units in certain areas of the R -2 Residential District. She stated that the chart changes will be presented to Council in March. *18.2 Planning and Development Department 1989 Work Program Alderperson Cummings withdrew Item 18.2 from the agenda It was referred back to the Planning and Development Committee. Center Ithaca Expansion - Report Alderperson Cummings reported that the committee had a presentation at their meeting of the physical part of the project. She stated that Center Ithaca is about ready to begin construction of retail space under the Green Street Parking Ramp. The committee will be discussing the financial part of the package next month. *18.4 Route 96 Action Schedule By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED that at its regular meeting on March 1, 1989 the Common Council shall seek to adopt a statement of its views, if timely and appropriate, on the various "Route 96" options being considered by the New York State Department of Transportation. Before such meeting the Council will hold a public meeting A vote on the resolution resulted as follows: Carried Unanimously State Grant Project - Report reported that Rick Dieterich from the Alderperson Peterson has been meeting with the Six Mile Creek Committee Youth Bureau the Conservation Advisory Council to get support members and for a from the State, working with at -risk youth to grant rehabilitate the staircase at Six Mile Creek. (WPA Trail) PLANNING AND DEVELOPMENT COMMITTEE: R 2c Zoning District - Report Alderperson Cummings reported that the Planning and Development Committee has been working on a chart change allowing attached units of up to six units in certain areas of the R -2 Residential District. She stated that the chart changes will be presented to Council in March. *18.2 Planning and Development Department 1989 Work Program Alderperson Cummings withdrew Item 18.2 from the agenda It was referred back to the Planning and Development Committee. Center Ithaca Expansion - Report Alderperson Cummings reported that the committee had a presentation at their meeting of the physical part of the project. She stated that Center Ithaca is about ready to begin construction of retail space under the Green Street Parking Ramp. The committee will be discussing the financial part of the package next month. *18.4 Route 96 Action Schedule By Alderperson Cummings: Seconded by Alderperson Nichols RESOLVED that at its regular meeting on March 1, 1989 the Common Council shall seek to adopt a statement of its views, if timely and appropriate, on the various "Route 96" options being considered by the New York State Department of Transportation. Before such meeting the Council will hold a public meeting 40 primarily for the purposes of hearing the views of the residents of the city, and others. Following the public meeting, the Council will meet as a Committee -of- the -Whole to prepare a resolution for action, if timely and appropriate, at its March 1, 1989 meeting. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:20 Callista F. Paolangei / John C. Gutenberger, City Clerk Mayor 19,