HomeMy WebLinkAboutMN-CC-1995-10-04October 4, 1995
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. October 4, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Shenk, Hanna, Sams, Gray,
Thorpe, Efroymson, Schroeder, Mackesey
OTHERS PRESENT:
City Clerk - Conley-Holcomb
City Attorney - Guttman
City Controller - Cafferillo
Planning and Development Director - Van Cort
Deputy Planning and Development Director - Sieverding
Police Chief - McEwen
Fire Chief - Wilbur
Deputy Fire Chief - Dorman
Board of Public Works Commissioner - Reeves
Superintendent of Public Works - Gray
Youth Development Coordinator - Green
Community Development Administrator - Stevenson
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the August 30, 1995 Special Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That the Minutes of the August 30, 1995 Special Common
Council meeting be approved as published.
Carried Unanimously
Minutes of the September 6, 1995 Common Council Meeting
The approval of Minutes of the September 6, 1995 Common Council
meeting was postponed until the November 1, 1995 Common Council
meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested the addition of Item 15.10 - Literacy
Volunteers Funding Amendment - Resolution, and Item 15.11 -
Contract Negotiations - Executive Session.
No Council member objected.
Planning Committee
Alderperson Schroeder requested the deletion of Items 17.1c and
17.2c, regarding Declarations of No Significant Environmental
Impact for the Site Plan Review Ordinance and Zoning Ordinance.
Alderperson Schroeder further requested that the Call for Public
Hearing Resolutions be changed to discussion and possible Call
for Public Hearings.
No Council member objected.
YOUTH AWARD:
Alderperson Efroymson introduced Kanitra McRae as October's
recipient of the City's Distinguished Youth Award. He stated
that Kanitra is the daughter of Dolly Maude and is a Sophomore at
Ithaca High School. Alderperson Efroymson spoke of Kanitra's
interests and talents. Kanitra will be presented with a
certificate of merit and a $20 gift certificate to a City of
Ithaca business of her choice.
MAYOR'S APPOINTMENTS:
October 4, 1995
Rental Housing Advisory Commission
Mayor Nichols requested Council approval for the appointment of
Terry D. Plater, 709 Triphammer Road, to the Rental Housing
Advisory Commission with a term to expire December 31, 1997.
Resolution
By Alderperson Shenk: Seconded by Alderperson Booth
RESOLVED, That this Council approves the appointment of Terry D.
Plater to the Rental Housing Advisory Commission with a term to
expire December 31, 1997.
Carried Unanimously
Ithaca Landmarks Preservation Commission
Mayor Nichols requested Council approval for the appointment of
Steven Somogy, 413 Linn Street, to the Ithaca Landmarks
Preservation Commission with a term to expire December 31, 1996.
Resolution
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That this Council approves the appointment of Steven
Somogy to the Ithaca Landmarks Preservation Commission with a
term to expire December 31, 1996.
Carried Unanimously
COMMUNICATIONS:
Mayor Nichols reported that the Committee that has been
negotiating with Cornell University is prepared to recommend an
agreement to Common Council. He stated that he will call a
Special Common Council meeting on Monday, October 9, 1995 at 7:30
p.m. to consider the agreement. Mayor Nichols further stated
that he and President Rawlings will hold a press conference on
Thursday, October 5, 1995 at 12:30 p.m., in Common Council
Chambers, to announce the draft terms of the agreement.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Funds for Literacy Volunteers
Ms. Valorie Rockney, 304 Linn Street, addressed Council to
request an amendment to the Resolution which allocated $5,000. of
emergency funding to Literacy Volunteers. She stated that the
Ithaca City School District is unable to fund Literacy
Volunteers' request, however, an anonymous member of the
community has donated $5,000 in order to secure the emergency
funding from the City and Tompkins County. She asked Council to
accept this $5,000 grant from the private sector in place of the
money from the Ithaca City School District.
Local Development Corporation
Ms. Theresa Alt, 206 Eddy Street, 4th Ward Council candidate,
spoke to Council in support of the Local Development Corporation
and suggested slight amendments.
Cornell Re-zoning/Parking
Ms. Jane Marcham, 414 East Buffalo Street, 4th Ward Council
candidate, thanked Alderpersons Hanna and Schroeder for
organizing a neighborhood meeting in Collegetown on October 5,
1995. One of the topics will be Cornell re-zoning and its impact
on parking on the Cornell campus as well as the surrounding
neighborhoods.
Fire Equipment Request
Ms. Marcham also addressed Council regarding the City's intention
to purchase Fire Department equipment through the issuance of
serial bonds. She noted that six years ago the City was operating
with reserve funds that paid for major equipment purchases as
well as street and curb repairs. She stated that when bonds are
used for purchases it adds substantial costs to the City and to
the public.
Ms. Marcham urged Common Council to use caution when making
purchases through bonding, and to investigate the possibility of
restoring reserve funds.
October 4, 1995
RESPONSE TO PUBLIC:
Fourth Ward Meetings
Alderpersons Hanna and Schroeder thanked the Fourth Ward
Candidates for their comments, and briefly addressed the Fourth
Ward neighborhood meeting topics.
Local Development Corporation
Alderperson Mackesey addressed the issue of appointments to the
Local Development Corporation.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following matters from the
Board of Public Works:
The Board passed a resolution prohibiting overnight parking at
all City Parks.
The Board received a petition to establish a handball court at
the Wood Street Park, and passed a resolution approving the
concept.
The Board passed a resolution recommending that dogs not be
allowed on the Commons, except for dogs assisting the disabled,
dogs in training to assist the disabled, and police working dogs.
The Board passed a resolution declaring the City of Ithaca as
lead agency for environmental review of the proposed Wastewater
Treatment Facility improvements and expansion of treatment
capacity.
The Board received a request for a review of pedestrian safety
and the need for a sidewalk on the east side of Dryden Road,
between Hoy Road and Maple Avenue. The Board passed a resolution
that Dan Cole, City Traffic Systems Engineer, work with John
Uhlberg of Cornell Facilities and Campus Planning to review the
request and forward their recommendations onto the Board.
The Board has been asked by Cornell to respond to its proposed
lake source cooling project. The Board resolution states the
Board's intent to work with Cornell to develop a mutually
beneficial proposal for the installation of, and occupation by,
utility in the street right-of-way.
The Board received a request for a traffic light at Challenge
Industries. The Board passed a resolution asking the City
Traffic Systems Engineer to send this request to NYSDoT for their
recommendation.
Bill Wendt, Cornell University Traffic Director attended the
Committee of the Whole meeting on October 18, 1995, to address
the Board's concerns on Cornell's transportation policies and how
they affect parking and traffic in residential areas surrounding
the campus.
The skateboarding issue will be discussed further at the November
1, 1995 Committee of the Whole meeting.
COMMUNICATIONS FROM THE MAYOR:
Proclamations
Mayor Nichols made the following Proclamations for October, 1995:
CROP Walk Day
Day of Tribute to RSVP Volunteers
Million Man March Day
Mental Illness Awareness Week
Breast Cancer Awareness Week
Size Acceptance Month
Domestic Violence Awareness Month
Writers Association Month
Disability Employment Awareness Month
October 4, 1995
Employee Recognition
Mayor Nichols stated that the following City employees were on
honored at the September 15, 1995 Employee Recognition Picnic:
25 YEARS OF SERVICE:
Joyce Day
Ronald Driscoll
John Emerick
Kevin Griffiths
Raymond King
Jon McMinn
Jeffrey Redsicker
30 YEARS OF SERVICE:
Charles Heath
Frank Miller
Howard VanEtten
35 YEARS OF SERVICE:
John DeBell
REPORT OF THE CITY CONTROLLER:
1996 Budget Status Report
City Controller Cafferillo stated that New York State has reduced
funding to the City in the amount of $145,618., which will affect
the 1995 and 1996 budgets.
In addition, the City's tax roll has been reduced by 17.7 million
dollars in assessed value. If the City continued the 1995 tax
rate through 1996, tax collections would yield 2% / or $147,500
less than in 1995. He further explained that approximately
$86,000 was refunded in 1995 due to assessment appeals.
City Controller Cafferillo also reported that the City has been
notified that the Federal Government will be reducing funding for
transit services by $75,000-$90,000 in 1996.
He further stated that State aid for youth services through the
Youth Bureau, will be reduced by $57,000 in 1996. Youth programs
previously supported by the County either directly, or through
grants will be reduced by $32,000.
City Controller Cafferillo reported that the net revenue
reduction for all of these adjustments is $300,000.
Discussion followed with City Controller Cafferillo answering
questions from Council members.
REPORT OF THE CITY ATTORNEY:
BT Glass Building
City Attorney Guttman reported that the City closed on the sale
of the property at 201-205 Tompkins Street (BT Glass Building) on
September 14, 1995.
BUDGET AND ADMINISTRATION COMMITTEE:
*15.1 Common Council - Request to Release Funds for Literacy
Volunteers
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, Literacy Volunteers of Tompkins County, Inc. has
requested an emergency allocation of $5,000 from the City of
Ithaca, and
WHEREAS, the allocation is needed as part of a plan to restore
services recently suspended because of cuts in State funding to
BOCES, and
WHEREAS, Literacy Volunteers of Tompkins County, Inc. has also
made requests to Tompkins County and the Ithaca City School
District and/or BOCES in the amount of $5,000 each, and
October 4, 1995
WHEREAS, the Ithaca City School District and/or BOCES was not
able to fund the request, but Literacy Volunteers has secured
$5,000 through private sector donations; now, therefore, be it
RESOLVED, That an amount not to exceed $5,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1012-435
Service Agency Contracts to fund an emergency allocation to
Literacy Volunteers of Tompkins County, Inc., and be it further
RESOLVED, That the $5,000 allocation will not be released to
Literacy Volunteers of Tompkins County, Inc. without a funding
commitment for a total of $10,000 from Tompkins County, and/or
private sector contributors, and be it further
RESOLVED, That this Resolution shall supersede the resolution
passed at the September 6, 1995 Common Council meeting.
Discussion followed on the floor with Alderpersons Efroymson and
Thorpe speaking in favor of the Resolution, and Alderperson Booth
speaking in opposition of the Resolution as he feels that City
taxpayers are being double-taxed for this funding through City
tax and County tax.
A vote on the resolution resulted as follows:
Ayes (9) - Gray, Schroeder, Johnson, Mackesey, Shenk, Sams,
Thorpe, Efroymson, Hanna
Nay (1) - Booth
Carried (9-1)
ECONOMIC DEVELOPMENT COMMITTEE:
*16.1 Proposal to Establish a Local Development Corporation
By Alderperson Mackesey: Seconded by Alderperson Johnson
WHEREAS, municipalities are empowered by New York State enabling
legislation to, create local development corporations which,
among other things, expand employment, promote and facilitate the
economic development of the community, and strengthen and enhance
existing business centers, and
WHEREAS, no such organization exists which specifically serves
the need of the City of Ithaca in its efforts to especially
strengthen and revitalize its various business districts, and
WHEREAS, a local development corporation represents a partnership
between the private, public and not for profit sectors dedicated
to public purpose, civic minded economic development activities
for the general welfare of the residents of the City, and
WHEREAS, the activities that the local development corporation
will be engaged in generally comprise activities which are
outside the ordinary scope of services provided by local
government such as property acquisition for specific economic
development objectives, direct lending activity and facilitating
access to funding agencies not available to municipalities, and
WHEREAS, a local development corporation can enhance the
confidence of private sector businesses in working with the
community, through the partnership represented by the LDC, in
revitalizing its various business districts, and
WHEREAS, the creation of a local development corporation will
broaden the community’s ability to facilitate economic
development and business center revitalization, now, therefore,
be it
RESOLVED, That the Common Council authorizes the establishment of
the Ithaca Local Development Corporation (ILDC) pursuant to the
terms and conditions defined in the attached Ithaca Local
October 4, 1995
Development Corporation Bylaws (Final Draft, September 25, 1995),
and be it further
RESOLVED, That the Mayor be authorized, upon the advice of the
City Attorney and Director of the Department of Planning and
Development, to file all documents necessary to implement the
establishment of the ILDC.
Ithaca Local Development Corporation
Bylaws
1. Mission:
(a) The mission of the Ithaca Local Development Corporation
(ILDC) is to serve as a private, not-for-profit organization,
dedicated to public purpose, civic-minded economic and community
development activities for the general welfare of the residents
of the City of Ithaca. The ILDC represents a partnership between
public, private and not-for-profit sectors to enhance economic
and social conditions in Ithaca.
2. Activities:
(a) The activities of the ILDC shall include, but are not limited
to: the creation and betterment of employment opportunities,
particularly for persons of low and moderate incomes; the
provision of job training to individuals to improve or develop
their capabilities for such jobs; the expansion of the City’s
real property base; the remediation of physical conditions
detrimental to the health of neighborhoods; the strengthening and
enhancement of existing retail and business centers; the
expansion of recreational and cultural opportunities for the
residents of Ithaca; the promotion of good planning and urban
design; and the promotion of scientific research for the purpose
of attracting to or encouraging new industry in Ithaca.
(b) The ILDC shall have the powers to buy, sell or lease real
property; to make loans, grants and equity investments for the
purposes of business creation and expansion; to apply for and to
act as a conduit for public funds; to undertake general
activities involving the development, management or betterment of
land and improvements and to undertake activities appropriate to
its mission of civic-minded economic and community development,
including financial involvement in for-profit development.
(c) The jurisdiction of the ILDC shall primarily be the City of
Ithaca; however, the ILDC is authorized to engage in appropriate
activities outside the City of Ithaca where necessary and
appropriate so long as the primary benefits of the activities are
for the City of Ithaca and its residents.
3. ILDC Legal Status:
(a) The ILDC is a public benefit corporation. The ILDC shall
have tax exempt status, per Section 501(c)(3) of the Internal
Revenue Code and Section 1411 (6) of the New York State Not-For-
Profit Corporation Law. The ILDC shall be a Type C Corporation
under Section 201 of the Not-For-Profit Corporation Law.
4. The Ithaca Local Development Corporation Board of Directors:
(a) The ILDC is to be governed by a Board of Directors
representative of the Ithaca community. The Board shall contain
seventeen voting members, with two-thirds of the full membership
constituting a quorum. In the event that one or more seats are
vacant, a quorum shall be two-thirds of those serving on the
Board at the time. Decisions shall be made by a majority vote of
October 4, 1995
those members in attendance. Exceptions will be made for
decisions which involve a sum in excess of $10,000, including
entering into contracts involving over $10,000, and issues
relating to membership selection. These exceptions shall require
a quorum of two thirds of the full membership and a majority vote
of the Board’s full membership.
(b) The ILDC’s Board shall include representatives of human
service agencies, civic organizations, labor unions, neighborhood
groups, the financial and business community, economic
development organizations, and City of Ithaca government. The
intent is that a number of diverse viewpoints be represented in
the functioning of the ILDC while also providing for a membership
with the technical capacity to undertake an active development
program. The ILDC shall work to maintain a diversity of
representation in the membership of the Board as vacant seats are
filled, including a diversity based on race and ethnicity,
gender, and geographic representation within the City of Ithaca.
(c) The ILDC’s initial membership shall be determined in the
following manner:
(i) The Mayor of Ithaca shall serve, and shall appoint with
the consent of the Common Council two representatives from the
Common Council.
(ii) The Mid-State Central Labor Council, or other group
representative of organized labor, shall name one member, who
shall be a resident of the City of Ithaca.
(iii)The Human Services Coalition, or its successor or equivalent
organization, shall name two representatives from separate human
service organizations. The agencies represented shall be among
those operating in the City of Ithaca for the benefit of the
City’s low and moderate income populations and for populations
with special needs, although the agencies do not need to have
their offices in the City.
(iv) The Mayor shall appoint, with the consent of the Common
Council, three representatives from neighborhood organizations,
civic groups, or the community at large, all of whom shall be
City of Ithaca residents;
(v) The Mayor shall appoint, with the consent of the Common
Council, four representatives from the fields of business, real
estate and financial services, including at least two
representatives from the banking or financial field;
(vi) The Mayor shall appoint, with the consent of the Common
Council, one representative of an economic development or
business development agency operating in the City of Ithaca;
(vii) The Ithaca Urban Renewal Agency shall appoint one
representative from its membership or an adjunct member serving
on an IURA committee;
(viii) The Mayor shall appoint, with the consent of the Common
Council, one representative from the educational or job training
sector;
(ix) The Mayor shall appoint, with the consent of the Common
Council, one representative from the Community Arts Partnership
or similar organization representing the arts community in the
City’s Central Business District.
(d) Vacancies on the Board shall be filled through the following
process:
(i) Vacancies among the two Common Council members shall be
filled by the Mayor appointing, with Common Council consent, a
member(s) of the City Common Council as a replacement(s);
October 4, 1995
(ii) The Mid-State Central Labor Council or other group
representative of organized labor shall name one member to
replace a vacancy in the Board representing organized labor.
This person shall be a resident of the City of Ithaca;
(iii)The Human Services Coalition (or its successor or an
equivalent organization) shall name representatives from separate
human service organizations to fill vacancies among the two Board
positions representing human service concerns. The agencies
represented shall be among those operating in the City of Ithaca
for the benefit of the City’s low and moderate income populations
and for populations with special needs, although the agencies do
not need to have their offices in the City of Ithaca;
(iv) The ILDC Board shall appoint representatives from
neighborhood organizations, civic groups, or the community at
large, all of whom shall be City or Ithaca residents, to fill
vacancies among the three seats reserved for representatives of
these categories;
(v) The ILDC Board shall appoint representatives from the
fields of business, real estate and financial services, to fill
vacancies among the four seats reserved for such representatives.
The membership shall include at least two representatives from
the banking or financial field;
(vi) The ILDC Board shall appoint one representative of an
economic development or business development agency operating in
the City of Ithaca to fill the vacancy for a representative from
such agencies;
(vii) The Ithaca Urban Renewal Agency Board shall appoint one
representative from its membership or an adjunct member serving
on an IURA committee to fill a vacancy in the seat reserved for
an IURA appointee.
(viii) A vacancy from the educational sector shall be filled by
the Mayor appointing, with the consent of Common Council, a
representative from the educational sector.
(ix) The Community Arts Partnership shall appoint a
representative from the arts community to replace a vacancy in
the Board representing the arts community. In the event the
Community Arts Partnership ceases to exist, the Common Council
will designate a new entity it deems appropriate to take its
place.
(e) The Director of the City Department of Planning and
Development shall serve, ex officio, as the Secretary and
Treasurer for the Board, but will not be a member and shall not
have voting privileges.
(f) The Board shall have the power to appoint committees,
including an Executive Committee, and to delegate tasks to such
committee(s). The Board may delegate the approval of contracts of
a routine or administrative nature to the Chairperson, an
executive director, an executive committee, or other person or
committee deemed appropriate by the Board. All contracts,
encumbrances, and agreements made by the ILDC involving more than
$10,000 shall, however, require the approval of the majority of
the full Board itself.
(g) The Board shall elect a chairperson by a majority vote of the
membership.
5. Terms of Board Membership:
(a) Members shall be appointed for three year terms, except for
Common Council Members, who shall serve for two year terms, and
the Mayor, who shall serve ex officio. However, in order to
stagger terms, the following shall apply to the initial Board
named:
October 4, 1995
(i) One representative from the three seats representing
neighborhood organizations and civic groups shall be appointed
for a three year term, a second for a two year term, and the
third for a one year term.
(ii) Two representatives from the business, real estate and
finance fields shall be appointed for three year terms, and one
each for a two year term and a one year term.
(iii)One representative of the human service field shall be
appointed for a two year term, and one for a three year term.
(b) All appointments to less than a three year term are eligible,
upon completion of their first term, to a full three year term on
the ILDC.
(c) Members may serve no more than six consecutive years.
Individuals may return to the Board after at least a one year
absence. These conditions do not apply to the Mayor. Members
appointed to initial terms of less than three years shall serve
for only the initial term and one full term before being required
to take a one year minimum absence from Board membership.
6. Staff:
(a) The Director of Planning and Development shall serve as the
Secretary and Treasurer of the ILDC. The ILDC shall be staffed
initially by the City of Ithaca’s Department of Planning and
Development and by the staff of the Ithaca Urban Renewal Agency.
The Board is also authorized to hire general staff, legal,
engineering, and other technical and support services as needed.
7. Meetings:
(a) The Board shall meet on a regular basis to be determined by
the membership, but no less than three meetings of the Board
shall be held per annum. One meeting shall be held in January of
each year, and shall serve as the annual meeting for the purpose
of selecting and seating new members and officers.
(b) The meetings of the ILDC shall be open to the public, with
the exception of the following:
(i) Sessions when personnel and membership matters are
discussed;
(ii). Sessions for negotiation or discussion of contracts, loan
or lease agreements, and sessions where information of a
proprietary or confidential nature relative to a private or not
for profit organization is presented.
(iii). Discussion of law suits and legal matters.
(c) Notwithstanding the above, votes on all matters will occur in
open session, and decisions made in executive session will be
reported to the public as soon as appropriate.
(d) The ILDC shall produce minutes, an annual report and
financial statements which shall all be available to the public.
8. Officers:
(a) At its January meeting the ILDC shall elect its officers for
the year. The officers shall include a chairperson and vice-
chairperson.
(b) The Director of Planning and Development for the City of
Ithaca shall be ex officio the secretary/treasurer. The
Secretary/Treasurer shall be responsible for keeping minutes of
October 4, 1995
meetings, records management, recording correspondence,
bookkeeping, day-to-day financial management and other
responsibilities as assigned by the Board.
9. Financial Management:
(a) The Board of the ILDC may authorize any officer or agent to
enter into contracts, leases and other legal and financial
documents on behalf of the ILDC, so long as the requirements of
Sections 4(a) and 4(f) are met.
(b) The Board may authorize the secretary/treasurer and other
officers and members to sign checks and other financial documents
on behalf of the ILDC. Two authorized signatures of the ILDC
shall be required for each financial document.
(c) The Board shall designate a bank(s) or other financial
institutions to provide financial services for the ILDC.
(d) The Board may receive gifts and contributions on behalf of
the ILDC and apply for and manage grants from federal and state
agencies.
(e) The ILDC is authorized to borrow funds for purposes of civic-
minded economic and community development.
(f) The ILDC shall be audited on a regular basis according to
generally accepted accounting practices and the laws of New York
State.
10. Assets:
(a) The Board may sell, purchase, lease or otherwise engage in
transactions involving real estate and real property.
(b) The Board may make interest-bearing investments with ILDC
assets.
11. Code of Ethics:
Members of the Board of Directors and ILDC staff will abide by
the conditions of the following code of ethics:
It is not possible to identify every potential area of conflict
that members could encounter. Therefore, each member of the ILDC
Board of Directors shall conduct her/himself in a manner which
will not publicly embarrass or cause suspicion to be brought upon
the ILDC and its activities, or jeopardize the public trust which
the ILDC holds.
Therefore, members shall not sponsor or vote for projects or
activities from which they, or their family or organizations with
which they are affiliated (such as an employer) will gain, or may
reasonably be expected to gain, some material advantage. Also,
members will not abuse their knowledge about, and access to
information about, ILDC activities.
Board members shall be required to affirm their willingness to
agree to the ILDC’s Code of Ethics.
12. Amendments to By-Laws.
(a) The by-laws may be amended or repealed by a two-thirds vote
of the Board of Directors. A proposal for a change(s) may be
made at any meeting, with the change(s) to be voted on at a
subsequent meeting.
(b) Sections 4(c), 4(d) and 7 of the by-laws may not be amended
or repealed by the Board of Directors without the approval of the
City of Ithaca’s Common Council.
October 4, 1995
Alderperson Mackesey explained that the Economic Development
Committee has been working on this issue for more than a year.
She stated that the Committee's goal is to help revive the
economic community in the City, and to create an organization
that will review long-range problems in economic development, and
will work to create jobs specifically targeted for low and
moderate income people.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hanna
RESOLVED, That a new Resolved clause be added as the third
Resolved clause to read as follows:
"RESOLVED, That upon the adoption of this Resolution, the City
Attorney shall be directed to draft, and incorporate in
appropriate documents an indemnity clause in favor of the City of
Ithaca."
Carried Unanimously
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Shenk
RESOLVED, That Item #6 of the by-laws entitled "Staff" (a), be
amended by adding the following sentence after the second
sentence: "The actual dedication of staff time by City of Ithaca
personnel shall be subject to approval on an annual basis by
Common Council."
Carried Unanimously
Amending Resolution
By Alderperson Thorpe: Seconded by Alderperson Hanna
RESOLVED, That Item #7 of the by-laws entitled "Meetings", (b) be
amended to read as follows: "The meetings of the ILDC shall be
open to the public and votes shall be taken in open session, with
the exception of the following:" and "Meetings", (c) be amended
to read as follows: "Decisions made in executive session will be
reported to the public as soon as appropriate."
Carried Unanimously
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Sams
RESOLVED, That a new Item #13 be added to the by-laws to read as
follows: "Termination: The powers of the ILDC as set forth in
these by-laws and/or participation in the ILDC by the government
of the City of Ithaca shall be subject to termination upon a
majority vote by Common Council."
Alderperson Booth explained the amending resolution and extensive
discussion followed on the floor with Planning and Development
Deputy Director Sieverding and City Attorney Guttman responding
to Council members.
No vote was taken on Alderperson Booth's amending resolution.
Alderperson Hanna handed out additional proposed amendments to
the Local Development Corporation By-Laws.
Motion to Refer to Committee
By Alderperson Thorpe: Seconded by Alderperson Booth
RESOLVED, That the Resolution and By-Laws be referred to the
Economic Development Committee for further review and discussion.
Carried Unanimously
RECESS:
Common Council recessed at 9:10 p.m. and reconvened at 9:20 p.m.
Alderpersons Hanna and Johnson left the meeting.
October 4, 1995
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.2 Youth Bureau - Request to Amend 1995 Youth Development
Budget
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Ithaca Youth Bureau will be receiving a $3,690 grant
from Time Warner Cable to expand the Youth Bureau's Youth
Employment Service program, and
WHEREAS, the expansion will result in the creation of new part-
time employment opportunities for young people from our
community; now, therefore, be it
RESOLVED, That the 1995 City of Ithaca Budget be amended as
follows:
Increase Revenue Account:
A2070 Contributions for Youth $3,690
Increase Appropriation Accounts:
A7310-120-1202 Hourly P/T $3,350
A9030 Social Security 257
A9040 Workers Compensation 83
Carried Unanimously (8-0)
* 15.3 Youth Bureau - Request to Amend 1995 Youth Development
Budget
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Ithaca Youth Bureau will be receiving a grant from
Tompkins County in the amount of $762 to develop two new outing
program groups, and
WHEREAS, these two new outing program groups will include 15
local elementary students from Caroline, Danby and the City,
working with local schools and commissions; now, therefore, be it
RESOLVED, That the 1995 City of Ithaca Budget be amended as
follows:
Increase Revenue Account:
A2350 Youth Service - Other Governments $762
Increase Appropriation Accounts:
A7310-120-1221 Hourly P/T Outing $510
A7310-460-1221 Program Supplies 200
A9030 Social Security 39
A9040 Workers Compensation 13
Carried Unanimously (8-0)
* 15.4 Youth Bureau - Request to Approve Amendment to Recreation
Partnership Contract
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, Common Council approved the Joint Recreation Partnership
Agreement at their regular meeting of April 5, 1995, and
WHEREAS, the joint partnership has been requested to allow
additional partners into the agreement, and
WHEREAS, the original joint partnership agreement did not have a
provision for adding partners, and
WHEREAS, all applicable attorneys have reviewed the Joint
Recreation Partnership Agreement, and made the appropriate
revisions to allow the addition of new partners into the
agreement; now, therefore, be it
RESOLVED, That the Mayor is authorized to enter into the attached
revised Recreation Partnership Pilot Program agreement (dated
October 4, 1995) for 1995/1996 with the towns of Ithaca, Dryden,
Caroline, Danby, Enfield, Groton, and Ulysses, and the Village of
Lansing.
October 4, 1995
Youth Development Coordinator Green gave a brief report regarding
the partnership program and its impact.
A vote on the resolution resulted as follows:
Carried Unanimously (8-0)
* 15.5 Commons Coordinator - Request to Permit Wine Tasting and
Sale of Bottled Wine at Apple Harvest Festival
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That King Ferry Winery shall be authorized to sell wine
and to permit tasting of the wines it sells at a booth during the
Apple Harvest Festival held on the Ithaca Commons from October 6
- October 8, 1995, subject to said entity's compliance with all
applicable state and local laws and ordinances, and upon the
entity entering into an agreement providing that it would hold
the City harmless and indemnify the City on account of any claims
made as the result of the sale or tasting of wine on the Ithaca
Commons, and upon the entity agreeing to maintain liability
insurance in the amount of $500,000.00 and Dram Shop Act coverage
in the minimum amount of $500,000.00 and providing evidence of
such insurance to the City of Ithaca.
Carried Unanimously (8-0)
* 15.6 Fire Department - Request to Establish Capital Project
for Acquisition of New Light Rescue Vehicle
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Fire Department is currently operating a 1989
GMC/Saulsbury Light Rescue vehicle (942), and
WHEREAS, this Light Rescue vehicle has been extensively used for
6 years, and
WHEREAS, the Fire Department Apparatus Replacement Schedule
anticipated a 5 year service lifetime for the Light Rescue
vehicle, and
WHEREAS, the Fire Department is attempting to experiment
replacing the Light Rescue vehicle with a different type of
vehicle, and
WHEREAS, this purchase of equipment is consistent with the Fire
Department's vehicle replacement schedule, and
WHEREAS, the Common Council desires to provide the citizens and
fire fighters with the best apparatus and equipment to perform
the mission of the Department; now, therefore, be it
RESOLVED, That Capital Project #315 be established in an amount
not to exceed $50,000.00 for the specification, purchase of and
installation of equipment in a new Light Rescue vehicle to
replace the 1989 GMC/Saulsbury Light Rescue vehicle, and be it
further
RESOLVED, That said funds will be derived from the issuance of
serial bonds.
Carried Unanimously (8-0)
* 15.7 Fire Department - Request to Establish Capital Project
for Acquisition of Aerial Apparatus
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the Fire Department is currently operating a 1976 Baker
Aerialscope (933) as one of the City's Ladder Trucks, and
WHEREAS, this Baker Aerialscope is approaching 20 years of
service, and
WHEREAS, the condition of the Aerialscope is deteriorating,
affecting the safe operation of this unit, and
October 4, 1995
WHEREAS, the Fire Department Apparatus Replacement Schedule calls
for the replacement of the Aerialscope in 1996, and
WHEREAS, the City's intentions are to space out the Fire
Department's apparatus acquisitions so that the City is not
required to purchase more than one major fire vehicle in any
given year, and
WHEREAS, the Common Council desires to provide the citizens and
fire fighters with the best apparatus and equipment to perform
the mission of the Department; now, therefore, be it
RESOLVED, That Capital Project #316 be established in an amount
not to exceed $860,000.00 for the specification and purchase of a
new aerial platform unit to replace the 1976 Baker Aerialscope,
and be it further
RESOLVED, That said funds will be derived from the issuance of
serial bonds, and be it further
RESOLVED, That the purchase of said equipment will be contingent
upon the review and approval from the Town of Ithaca.
Carried Unanimously (8-0)
* 15.8 Department of Public Works - Request to Establish Capital
Project for Transit Capital Program
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the Ithaca Transit is a partner with Cornell University
and Tompkins County in the Ithaca Tompkins Transit Center and is
a recipient of capital funds through the Federal and State
Governments, and
WHEREAS, the Operations Committee of the Joint Transit Facility
is recommending approval of the list of transit capital projects,
dated October 4, 1995 (except Item #20, which has been previously
approved), to be completed during 1995 and 1996, totaling
$2,678,327, of which the City of Ithaca's share is shown as
$167,638, and
WHEREAS, the funding allocation for the recommended list of
transit capital projects shown on Table A. Consolidated Transit
Capital Program is as follows:
Federal funds (U.S. Dept. of Trans.) $2,006,869
New York State Aid (Dept. of Trans.) 212,188
Cornell University (C.U. Transit) 162,202
City of Ithaca (Ithaca Transit) 167,638
Tompkins County (Tomtran) 129,430
$2,678,327
now therefore, be it
RESOLVED, That Capital Project #317 Transit Capital Program be
established in an amount not to exceed $167,638 for said transit
projects with the source of funds as follows:
Capital Reserve #22 Bus Acquisition/Replacement $ 20,733
Issuance of Serial Bonds 146,905
and be it further
RESOLVED, That the cost allocation among the City of Ithaca,
Cornell University and Tompkins County relates only to this
capital project, and future capital projects and operational
costs will be allocated per appropriate agreements among these
entities.
Carried Unanimously (8-0)
* 15.9 Department of Public Works - Request to Approve Personnel
Changes in the Department of Public Works
By Alderperson Booth: Seconded by Alderperson Mackesey
October 4, 1995
WHEREAS, the current workloads for the City's Engineering staff
and the Superintendent of Public Works are such that many
authorized projects have been delayed or not started at all, and
WHEREAS, some of the Department of Public Works current staff are
working out-of-title to handle the Department's workload, and
WHEREAS, to alleviate the workload problem and the out-of-title
work for the current staff, the Superintendent of Public Works
and the Board of Public Works have recommended that three (3)
promotions, one change in hours, and one change in salary be
authorized; now, therefore, be it
RESOLVED, That to alleviate staffing problems and to reflect how
personnel in the Department of Public Works are currently
operating, the 1995 Authorized Personnel Roster for the
Department of Public Works will be amended, effective
retroactively to June 1, 1995, as follows:
Annual
Promotions From To Unit
Salary
Grade 20
Lynne Yost Jr. Eng. Asst. Civ. Eng. CSEA Admin. $32,311
Grade 20
Creig Hebdon Jr. Eng. Asst. Civ. Eng. CSEA Admin. $31,207
Grade 17
Ray Benjamin Eng. Tech Jr. Engineer CSEA Admin. $30,092
Annual
Change in Hours From To Salary
Marjorie Holcomb 35 hours/wk 40 hours/wk $18,745
Change in Salary From To
Donna Payne $22,932 $23,799
and be it further
RESOLVED, That an amount not to exceed $6,825 be transferred from
Account A1990 Unrestricted Contingency to the following
appropriation accounts for said personnel roster amendments:
Account:
A1440-110 Engineering Staff $5,412
A1490-110 Public Works Adm. Staff 506
A9030 Social Security 453
A9040 Workers' Compensation 254
A9010 State Retirement 200
Carried Unanimously
* 15.10 Finance/Personnel - Request to Approve Transfer of Time
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, it has been, and is the policy of the City of Ithaca not
to permit an employee to transfer accrued personal leave time
when that employee leaves one of the City's bargaining units and
enters another unit of the City government, unless the new unit
also grants the same type (or a very similar type) of leave time,
and
WHEREAS, in January of 1995, Jean Deming's job status changed
from a confidential employee (CSEA Admin. Unit benefits) to
management, and
WHEREAS, prior to her job status change she had accrued three
personal days as a result of not being sick during 1994, and
October 4, 1995
WHEREAS, she inquired about the three personal days, but was told
there was no provision for awarding her earned personal time, and
WHEREAS, this Common Council determines that due to the unique
specific facts of this situation, it would be fair and equitable
to make an exception to the aforesaid City policy and to allow
Mrs. Deming to transfer three days of personal leave to her
current job status in the Management Unit; now, therefore, be it
RESOLVED, That this Council reaffirms the aforesaid City policy,
makes an exception to that policy in the particular case
involving Mrs. Deming, which exception shall not establish a
precedent respecting the future implementation of such policy and
authorizes the transfer of three (3) days of personal leave time
to Mrs. Deming's current job status and further directs
appropriate City personnel to take all necessary actions to
effectuate the transfer of this personal leave time.
Carried Unanimously (8-0)
ECONOMIC DEVELOPMENT COMMITTEE:
* 16.2 Cherry Street Lease Proposal
By Alderperson Mackesey: Seconded by Alderperson Shenk
WHEREAS, Cherry Street Industrial Park was developed with the
objective of expanding the industrial/manufacturing job base of
the City, and
WHEREAS, two manufacturing firms, one located in the City and one
currently located outside the City, are interested in dividing
the last site in Cherry Street Industrial Park in such a manner
that it will enable each of them to construct a new facility and
expand employment, and
WHEREAS, both of these firms, Gould’s Perfect Screen Printers and
MoroDesign, are engaged in activities that are consistent with
the leasing policy for Cherry Street Industrial Park, and
WHEREAS, locating these firms in Cherry Street will immediately
create approximately five new jobs and convert several existing
part time into full time jobs and have the potential to create an
additional five to six jobs with planned expansions, and
WHEREAS, the IURA has recommended that this last site in Cherry
Street be leased to these two firms; now, therefore, be It
RESOLVED, That the Common Council concurs with the IURA
recommendation to lease this site to Gould Perfect Screen
Printers and MoroDesign and authorizes the Mayor, as Chair of the
IURA, to execute the appropriate lease documents.
Carried Unanimously (8-0)
PLANNING COMMITTEE:
* 17.1a An Ordinance Amending Chapter 276 Entitled "Site
Development Plan Review" of the City of Ithaca Municipal Code--
Discussion and Possible Call for Public Hearing
RESOLVED, That Ordinance 95-_____ entitled "An Ordinance amending
Chapter 276 entitled `Site Development Plan Review' of the City
of Ithaca Municipal Code" is hereby introduced before the Common
Council of the City of Ithaca, New York, and be it further
RESOLVED, That 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, in
the City of Ithaca, New York, on Wednesday, November 1, 1995, at
7:00 p.m., and be it further
October 4, 1995
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board true and exact copies of the proposed
zoning ordinance for their reports thereon.
The Ordinance to be considered is as follows:
ORDINANCE NO. 95-_____
An ordinance amending Chapter 276 entitled “Site Development Plan
Review” of the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Chapter 276 entitled “Site Development Plan
Review” of the City of Ithaca Municipal Code is amended as
follows:
1.That the current Chapter 276 entitled “Site Development Plan
Review” is hereby repealed.
2. That a new chapter to be known and designated as Chapter 276
entitled “Site Plan Review” is hereby added to the City of Ithaca
Municipal Code to read as follows:
CHAPTER 276
SITE PLAN REVIEW
276-1. Intent
276-2. Definitions
A. Conformance with Zoning Ordinance Terms
B. Terms Specific to SPR
276-3. Applicability
A. General Applicability
B. Projects of Limited Scope
C. Exemptions
D. City and Other Government Projects
276-4. Other Permits and Approvals
A. Building Permit
B. Use Variance
C. Area Variance
276-5. Authorization to Review Site Plans
A. Planning Board Authorization
B. Planning Director Authorization
276-6. Site Plan Review (SPR) Procedures
A. Process Initiation
B. SPR Procedures
1. Sketch Plan Conference
2. Submission of Application Materials
3. Environmental Review
4. Public Notice
5. Coordination and Consultation
6. Planning Board Meeting
7. Public Hearing
8. Action on the Application of Site Plan Approval
9. Communication of Decision
C. Changes to Approved Site Plan
D. Extension of Deadlines
276-7. Review Criteria
October 4, 1995
A. General Criteria
B. Criteria for Parking Areas
276-8. Fees
A. Application Fees
B. Public Notice Sign Fee and Legal Ad Fee
276-9. Performance Guarantee
276-10. Expiration of Approval, Extension of Approval
276-11. Enforcement
276-12. Appeal
276-13. Severability
Historical Notes
Chapter 276 was enacted by Ordinance #89-1 of the Common
Council which was adopted on February 1, 1989.
General References
Approval of certain uses. Gen City L 30-a(1) [b]
Approval of site plans. Gen city L 30-a(1)[a].
hearing and decision. Gen city L 30.a(2).
review by court. Gen City L 30-a(3).
art. 78 proceeding; 30 day limit. Gen City L 30-a(3).
Immunity of municipality from site plan approval. Matter of
County of Monroe, 72 NY2d 338
SEQR, compliance with. 6 NYCRR, Part 617.
Site plan approval. Planning board was under no obligation
to suggest alternative measures after disapproving site
plan. Matter of Mascony v Richmond, 71 AD2d 896; affd 49
NY2d 969
Subdivision plat approval; authority of planning board to
approve zoning changes. Gen City L 37.
Cross-References
Building Code Enforcement. Chapter 146
Environmental Quality Review. Chapter 176
Flood Damage Prevention. Chapter 186
Subdivision Regulations. Chapter 290
Zoning. Chapter 325
276-1. Intent
The intent of this ordinance is to provide for the review of
site plans for certain land uses in the City of Ithaca for
the purpose of 1) preserving and enhancing the character of
a neighborhood, 2) achieving compatibility with adjacent
development, 3) mitigating potentially negative impacts on
traffic, parking, drainage, the landscape and similar
environmental concerns, and 4) improving the design,
function, aesthetics, and safety of development projects and
the overall visual and aesthetic quality of the City.
276-2. Definitions
A. Definitions of specific terms or words as used in this
chapter shall conform to the definitions of the same
terms in the Zoning Ordinance, Chapter 325, section
325-3.
B. In addition to the definitions in Chapter 325, the
following terms shall be used in this Chapter as they
are defined in this section:
October 4, 1995
1. AFFECTED SITE AREA - Any area (including new and
modified gross floor space) that is physically
changed at the conclusion of construction, as
compared to its condition prior to construction,
as a result of the proposed development. Such
changes do not have to be permanent or
irreversible before the area is considered to be
affected. For example, a construction staging area
will be considered an affected area if tree damage
or significant soil compaction is likely to
result. However, truck routes on existing paving
shall not be considered an affected area even if
there may be an effect on traffic, street
cleaning, etc.
2. BOARD - The Planning and Development Board, unless
otherwise specified.
3. DEVELOPMENT - Any land use activity or project
which requires a permit from the Building
Department and will result in changes to the
physical condition, appearance, or type of use, or
intensity of use of property; development projects
include, but are not limited to:
a) new construction, reconstruction,
modification, or expansion of structures
or site improvements;
b) landfilling, excavation, grading,
parking lot construction, or any other
planned disturbances to the natural or
existing topography or vegetation of the
site;
c) demolition of structures or site
improvements.
A project shall not be considered a development if
it is one or a combination of the following:
a) replacement in kind only, or
b) interior construction only, or
c) infrastructure maintenance only.
4. EXPANSION - An enlargement of, or addition to, an
existing structure or a paved area, including
driveways, parking areas, and sidewalks.
5. MODIFICATION - Rearrangement of site layouts or
exterior alterations to existing structures
(including any changes to the building facade,
except replacement in kind).
6. PERFORMANCE GUARANTEE - Any security that may be
accepted by the City as a guarantee that the
improvements required as part of Site Plan
Approval will be satisfactorily completed.
7. RECONSTRUCTION - Construction of buildings or site
plan improvements following a total demolition of
a previous development.
8. REPLACEMENT IN KIND - Replacement of materials
(for maintenance purposes) which does not have an
overall effect on the visual aspects of the
existing building and site.
9. SITE IMPROVEMENT - Features including but not
limited to planting, paving, retaining walls,
drainage culverts and swales, fences and gates,
lighting, site furniture, fountains, pools,
bridges, dams, decks, boardwalks, pergolas, signs,
October 4, 1995
and any other accessory structures, devices, or
landscape materials on the site.
10. SITE PLAN - The development plan on which is shown
the existing and proposed conditions including but
not limited to: topography, vegetation, drainage,
floodplains, marshes and waterways; open spaces,
walkways, means of ingress and egress, utility
services, landscaping, structures and signs,
lighting, and screening devices; any other
information that reasonably may be required in
order that an informed decision can be made by the
Board or the Director of Planning and Development.
276-3. Applicability
A. General applicability
Site Plan Review (SPR) is intended to apply to all
development (except that excluded by 276-3.C.) that is
within the thresholds described below. When
determining the applicability of these thresholds, the
scope and definition of the currently proposed
development shall also include all developments which
have occurred within the past two years within 200 feet
of the new development that, when considered together,
may have a substantial aggregate effect on the
surroundings, if such prior development has occurred
either on the same tax parcel or on a different tax
parcel if there is any unity in ownership between the
tax parcel on which the construction is occurring and
such different tax parcel. For the purpose of this
chapter, a unity in ownership shall be deemed to exist
if any individual has an ownership interest in both tax
parcels either individually or by virtue of an
ownership interest in an entity (i.e. a corporation,
partnership, etc.) which has an ownership interest.
Applicability Thresholds:
1. New construction and reconstruction of residential
development if the total affected site area is
over 5,000 sf (square feet).
2. New construction and reconstruction of non-
residential development in non-residential zones
if the total affected site area is over 5,000 sf.
3. All new construction, reconstruction, modification
or expansion of non-residential development in
residential zones.
4. Modification and expansion of residential
development if the total affected site area is
over 1,000 sf.
5. Modification and expansion of non-residential
development in non-residential zones if the total
affected site area is over 2,500 sf.
B. Projects of limited scope
The Director of Planning and Development shall have the
authority to review and act on a development proposal
if the proposed project is above the thresholds
described in 276-3.A. but below the thresholds
described below. The Building Commissioner, as part of
the determination of whether SPR is required (see 276-
6.A.) shall determine whether the project is a project
of limited scope. For such projects of limited scope
reviewed by the Director of Planning and Development, a
October 4, 1995
public hearing is not required. The Planning Department
shall be the lead agency in the environmental review of
such projects. There shall be no requisite review of
the Environmental Assessment Forms by the Conservation
Advisory Council in these cases. See 276-5.B. for
situations when projects of limited scope will be
referred to the Board for a full review. The upper
thresholds for projects of limited scope are:
1. For modification and expansion of residential
development, an upper threshold of 7,500 sf of
total affected site area.
2. For new construction, reconstruction, modification
or expansion of non-residential development in
residential zones, an upper threshold of 5,000 sf
of total affected site area.
3. For modification and expansion of non-residential
development in non-residential zones, an upper
threshold of 10,000 sf of total affected site
area.
C. Exemptions
Single-lot development of a one-family detached or
semi-detached dwelling or a two-family dwelling shall
not be subject to SPR.
D. City and Other Government Projects
For City and other government projects, the threshold
of applicability, the review procedure and the review
criteria shall be the same as for all SPR applicants
unless the Common Council decides that any particular
government project shall be reviewed on an advisory
basis only. However, even if a project is subject to
advisory review only, no construction shall begin until
the Board has completed the review, including the
issuance of any findings and recommendations the Board
determines are appropriate. Projects subject to
advisory SPR only shall be presented to the Board for
periodic review beginning as early as possible, and in
any case no later than when the environmental review is
started. The Board may or may not be the lead
reviewing agency of the environmental review of
projects subject to advisory SPR only.
276-4. Other Permits and Approvals
For projects subject to SPR, an approved site plan shall be
binding on all further permits and approvals needed for the
project. The Board's or Director's decision to approve a
site plan does not excuse an applicant from complying with
all other permits and approvals that may be needed,
including but not limited to Street and Sidewalk Permit,
Utility Permit, and Tree Permit.
A. Permits from the Building Department
For projects subject to SPR, a permit from the Building
Department shall be issued only after SPR Approval.
When an application is for a permit for sitework only,
the permit may be issued based on a conditional SPR
Approval following adequate review of at least the
layout and grading components of the site plan. In the
case of a conditional SPR Approval, no Certificate of
Occupancy or Completion shall be issued until all
conditions of SPR Approval are met. See also 276-9.
October 4, 1995
B. Use Variance
Any required use variance must be obtained from the
Board of Zoning Appeals before a site plan can be
approved by the Planning Board.
C. Area Variance
For development projects subject to SPR, the Planning
Board shall have the sole authority to grant area
variances in accordance with the standards and regulation
276-5. Authorization to Review Site Plans
A. The Planning and Development Board is authorized to
conduct SPR according to the procedures described in
276-6.
B. The Director of Planning and Development is authorized
to conduct SPR of projects of limited scope as defined
in 276-3.B, except as otherwise provided herein.
The Board shall conduct SPR according to the procedures
described in 276-6 in the following cases:
1. The application is referred to the Board by the
Director.
2. The Board, by a majority vote, on its own motion,
determines that the Board shall conduct SPR of
the application.
3. The applicant appeals to the Board after
decision by the Director is made.
276-6. Site Plan Review (SPR) Procedures
A. Process Initiation
The Building Commissioner shall determine whether SPR
is required when a building permit, or a demolition
permit, or a fill permit, is applied for. Such
determinations may be appealed to the Planning and
Development Board within 30 days of the written
notification that SPR is required.
B. SPR Procedures
(paragraphs 5, 6 and 7 do not apply to projects of
limited scope which require Director of Planning and
Development review only.)
1. Sketch Plan Conference
A sketch plan conference between the applicant and
staff may but need not occur. If a sketch plan
conference is to occur, it should occur before the
application for a building permit if it can be
reasonably assumed that SPR would be required, in
order that the applicant may be advised of any
potential problems before substantial time and
effort are invested in the preparation of plans.
2. Submission of Application Materials
Application procedures and submittal requirements
have been developed by the Board and may, from
time to time, be amended. Depending on the scope
and complexity of the project, applicants may be
encouraged to engage the services of one or more
licensed design professionals, planning
professionals and other experts as may be
October 4, 1995
necessary such as landscape architects,
architects, engineers, ecologists, and surveyors.
3. Environmental Review
Environmental review of the proposed development
shall be conducted prior to SPR approval.
4. Public Notice
Upon application for SPR, a public notice of the
proposed development shall be posted at the
project site for a minimum of ten (10) days prior
to any public hearing held by the Board or, with
respect to projects of limited scope, any decision
made by the Director of Planning and Development.
This notice must remain in place at least until a
decision to approve or disapprove the SPR
application is made. The notice shall specify: a)
the type and size of the development project; b)
the time and place of the public hearing should
the development project be subject to one; and c)
to whom and by when any public comments are to be
communicated.
5. Coordination and Consultation
SPR projects requiring the review and approval of
the Board may also be reviewed by the Building
Department, the Engineering Office, the Fire
Department, the City Forester, and any other City
officials or non-City consultants deemed
appropriate by the Director of Planning and
Development or the Board. Any comments from these
reviewers shall be summarized and forwarded to the
Board to aid its decision on the proposal.
6. Planning and Development Board Meeting
Following timely receipt of a complete application
for Site Plan Approval, the Board shall schedule
consideration of the application at its earliest
possible scheduled meeting. The Board may
establish its procedures and requirements, within
the framework provided by this ordinance, for
conducting site plan review.
7. Public Hearing
Prior to rendering any decision on an SPR
application, the Board shall first hold a public
hearing on the proposed development. This may
begin concurrently with any required public
hearing for the purpose of environmental review of
the same project, and may continue after any such
environmental review public hearing is closed.
Public hearings are not required of projects of
limited scope as defined in section 276-3.B,
unless the project is referred to the Board for
SPR. The public hearing shall be held within 45
days of the date complete application for
preliminary site 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 days before the date of the public
hearing. Notice of the 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 plan
may be reviewed.
October 4, 1995
8. Action on the application for site plan approval
a) Within 45 days of the submission of a
complete SPR application including completed
environmental review, the Board (or the
Director of Planning and Development if it is
project of limited scope as defined in
section 276-3.B) shall render one of the
following decisions:
i) Preliminary Approval with conditions
only
ii) Preliminary and Final Approval
iii) Preliminary and Final Approval with
conditions
iv) Disapproval of the site plan
b) In the case where a Board’s action is
required and where Preliminary Approval with
conditions only is granted, Final Approval
shall be considered at the earliest scheduled
Board meeting subsequent to the applicant’s
submittal of an adequately revised site plan,
whereupon the Board shall render one of the
following decisions:
i) Final Approval
ii) Final Approval with conditions
9. Communication of Decision
The Building Commissioner and the applicant shall
be notified of an SPR decision no later than five
working days after the date of decision. When a
site plan is approved, the notification to the
Building Commissioner shall be accompanied by a
stamped copy of the approved site plan, including
any conditions of approval.
C. Changes to Approved Site Plan
Proposed changes to approved site plans must be
submitted to the Director of Planning and Development
for review to determine whether the effect of the
proposed changes warrants reconsideration of the
project's approval status. The Director shall make one
of the following determinations:
1. That the proposed changes do not affect the
approval status of the site plan.
2. That the changes are significant and shall require
a reopening of the review.
3. That the proposed changes are likely to have such
an extensive or significant effect on the project
that a new SPR application is required.
D. Extension of Deadlines
All deadlines for decisions on an SPR application may
be extended upon mutual agreement by the Board and the
applicant.
October 4, 1995
276-7. Review Criteria
A. General Criteria
1. Avoidance or mitigation of any negative
environmental impacts identified in the
environmental review. The following shall be
emphasized in particular:
a) Erosion, sedimentation, and siltation
control.
b) Protection of significant natural features
and areas, including, but not limited to,
trees, views, watercourses or bodies of
water, and land forms, on or near the site.
The protection of existing mature vegetation,
especially trees over 8" DBH (diameter-
breast-height) will be required unless a
justification for their removal can be made
by the applicant.
c) Protection of, and compatibility with, other
nearby features and areas of importance to
the community, including but not limited to
parks, landmarks, neighborhoods, and historic
districts.
2. Compliance with all other regulations applicable
to the development. These include, but are not
limited to, the Zoning Ordinance, Sign Ordinance,
Subdivision Regulations, and Landmarks
Preservation Ordinance.
3. Improvement of the visual quality of the site and
its vicinity through:
a) the presence of a perceivable form and order
in the basic layout of the major landscape
elements,
b) the proper and effective use of landscape
architectural elements such as plantings,
land forms, water features, paving, lighting,
etc.
c) an appropriate arrangement, form, scale,
proportion, color, pattern, and texture of
buildings and other site improvements.
d) an appropriate relationship between the
proposed development and the nearby
streetscape and landscape.
4. Adequate storm water management. Calculations of
the existing and estimated increased loads on the
system may be required.
5. Adequate waste water and sewage disposal
facilities. Calculations of the existing and
estimated increased loads on the system may be
required.
6. Adequacy of fire lanes, and fire and emergency
access, and the availability of fire hydrants.
7. Safe arrangement of vehicular access, circulation,
intersections, and traffic controls. Analysis of
the project’s impact on parking and traffic may be
required.
8. Safe and convenient pedestrian and bicycle access
and circulation, and provision of bicycle racks
when appropriate.
October 4, 1995
9. Accessibility of buildings, pathways, and parking
to people with disabilities.
10. Open space for play areas and informal recreation
in the case of a residential development where
appropriate.
11. Conformance to any urban design plan or
comprehensive plan relevant to the proposed site
which has been adopted by the City of Ithaca.
B. Criteria for Parking Areas
The general criteria in section A. shall apply also to
parking area development. Additionally, the following
shall apply (see accompanying illustration):
1. There shall be appropriate screening with planting
or fences between a parking area and adjacent
properties and public ways.
2. In parking areas with 20-50 parking spaces, a
minimum of 5% of the interior ground area
(excluding any peripheral planting area) shall be
planting areas that include trees with a potential
mature height of at least 50', and at least 2"
caliper DBH at the time of planting.
3. In parking areas with more than 50 parking spaces,
a minimum of 7% of the interior ground area
(excluding any peripheral planting area) shall be
planting areas that include trees with a potential
mature height of at least 50', and at least 2"
caliper DBH at the time of planting.
4. Interior planting areas shall be a minimum of 80
sf with no dimension being less than 8'. The
planter shall be curbed and have a minimum 3' deep
excavation.
5. The City Forester and the Shade Tree Advisory
Committee shall be consulted as appropriate in
plant species selection and planting soil
specification.
276-8. Fees
A. Application Fees
The application fees shall be based on the total sitework,
construction, and landscaping cost, as estimated by the
Building Commissioner, and shall be charged in accordance
with the following schedule. Fees shall be payable to the
City of Ithaca upon the submission of an application for
SPR.
Estimated Cost Application Fee
Less than $10,000 $50.00
$10,000 to $50,000 $75.00
$50,000 to $75,000 $100.00
$75,000 to $100,000 $150.00
More than $100,000 $1.50 per $1,000 of cost
B. Public Notice Sign Fee and Legal Ad Fee
In addition to the above application fees, the applicant
shall reimburse the City any expenses the City has incurred
for public notices or legal advertisements.
276-9. Performance Guarantee
October 4, 1995
No Certificate of Occupancy or Certificate of Completion
shall be issued until all improvements required by Site Plan
Approval, including any conditions placed on such approval,
are installed, or until a sufficient guarantee, in the form
of a performance bond, letter of credit, or other security,
is in place. The Building Commissioner shall be responsible
for the overall inspection of site improvements.
276-10. Expiration of Approval, Extension of Approval
If the construction of a development has not commenced
within two years of the date of the site plan approval, and
been substantially completed within two years after
commencement of construction, such approval shall expire,
unless an extension has been granted by the Board following
a written request by the applicant. An application for an
extension of SPR Approval shall not be considered a new SPR
application.
276-11. Enforcement
A. Development projects may be periodically inspected for
conformance to the approved site plan, including but
not limited to the maintenance of the viability of the
planting required as part of the site plan approval.
If there is non-conformance, or if any conditions of
SPR Approval are not fulfilled, no Certificate of
Occupancy or Certificate of Completion shall be issued.
Where a development reverts to non-conformance after
the issuance of a Certificate of Occupancy or
Certificate of Completion, the then current owners of
the development shall be notified in writing by the
Director of Planning and Development who shall direct
the owners to correct the situation and who shall
further establish a specific timetable, of not less
than 30 days, by which the situation shall be
corrected. If the Director of Planning and Development
determines that the owners have failed to correct the
non-conformance in accordance with the established
timetable, the City has the right to implement any
necessary changes to the site to bring it into
conformance, the cost of which shall be charged to the
property owners.
B. In addition to the provisions of paragraph A above, a
$50 per day fee may be imposed for any violations or
the provisions of this Ordinance, or of any conditions
imposed by a permit issued pursuant to Site Plan
Approval including the responsibility of maintaining
the site in accordance with such conditions.
C. Development projects shall be inspected at least once
within two years after the issuance of a Certificate of
Occupancy or Certificate of Completion.
276-12. Appeal
A. The determination (by the Building Commissioner) of
whether a development proposal is subject to SPR may be
appealed to the Board within 30 days of the written
notification that SPR is required.
B. Any person aggrieved by any decision of the Director of
Planning and Development may appeal to the Board.
C. Any person aggrieved by any decision of the Board, or
any officer or agency of the City, regarding SPR, may
October 4, 1995
apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
276-13. Severability
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.
Section 2.
This Ordinance shall take effect immediately in accordance
with publication of a notice as provided in the Ithaca City
Charter.
[Note: One ordinance chart and one ordinance illustration are
not included in these minutes.]
This item was submitted for discussion only, and no vote was
taken on the call for Public Hearing.
Discussion followed on the floor regarding possible revisions to
the Ordinance.
* 17.1b An Ordinance Amending Chapter 276 entitled "Site
Development Plan Review" of the City of Ithaca Municipal Code--
Designation of Lead Agency Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which as primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment of Chapter 276 of the City Code
is an Unlisted Action pursuant to SEQR and CEQR which requires
review under the City's Environmental Quality Review Ordinance;
now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendment of Chapter 276.
Carried Unanimously
* 17.2a An Ordinance Amending Section 325-41 of Chapter 325
Entitled "Zoning" of the City of Ithaca Municipal Code, Regarding
Zoning Variances-- Discussion and Possible Call for Public
Hearing
RESOLVED, That Ordinance 95-_____ entitled "An Ordinance amending
Section 325-41 of Chapter 325 entitled `Zoning' of the City of
Ithaca Municipal Code, regarding Zoning Variances" is hereby
introduced before the Common Council of the City of Ithaca, New
York, and be it further
RESOLVED, That 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, in
October 4, 1995
the City of Ithaca, New York, on Wednesday November 1, 1995, at
7:00 p.m., and be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published one at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board true and exact copies of the proposed
zoning ordinance for their reports thereon.
The Ordinance to be considered is as follows:
ORDINANCE NO. 95-_____
An ordinance amending Section 325-41 of Chapter 325 entitled
“Zoning” of the City of Ithaca Municipal Code, regarding zoning
variances
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. Paragraph (4)(a) of subsection C entitled
“Permitted Action by the Board of Appeals” of Section 325-41
entitled “Board of Appeals; Variance” of Chapter 325 entitled
“Zoning” is hereby amended to read as follows:
(a) Except as provided in Section 276-6(C) which
grants, in certain situations, exclusive jurisdiction to the
Planning and Development Board to grant area variances,
[T]the Board of Appeals shall have the power, upon an appeal
from a decision or determination of the administrative
official charged with the enforcement of such Ordinance or
local law, to grant area variances as defined herein.”
Section 2. This Ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
This item was submitted for discussion only, and no vote was
taken on the call for Public Hearing.
* 17.2b An Ordinance Amending Section 325-41 of Chapter 325
Entitled "Zoning" of the City of Ithaca Municipal Code,
Regarding Zoning Variances--Designation of Lead Agency Status for
Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment of Section 325-41 of Chapter 325
of the City Code is an Unlisted Action pursuant to SEQR, and a
Type I Action pursuant to CEQR which requires review under the
October 4, 1995
City's Environmental Quality Review Ordinance; now, therefore, be
it
RESOLVED, That Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendment of Section 325-41 of Chapter 325.
Carried Unanimously
* 17.3 Agreement with Mutual Housing Association
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, the following action is undertaken for the specific
purpose of promoting affordable housing; now, therefore, be it
RESOLVED, That the following described parcel be transferred from
the City of Ithaca to the Ithaca Urban Renewal Agency:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of
Ithaca, County of Tompkins and State of New York, more
particularly bounded and described as follows:
Beginning at a point in the northerly street line of Adams
Street, said point of beginning being located north 58 degrees 54
minutes 39 seconds east 55.00 feet from the intersection of the
northerly street line of Adams Street and the easterly street
line of First Street, said point of beginning being the
southeasterly corner of the premises conveyed by the City of
Ithaca to Mutual Housing Association of Tompkins County, Inc. in
the aforesaid deed; running thence along the easterly line of
premises previously conveyed by the City of Ithaca to Mutual
Housing Association of Tompkins County, Inc. the following five
courses: north 30 degrees 59 minutes west 57.00 feet to a point;
north 58 degrees 55 minutes east 37.50 feet to a point; north 30
degrees 59 minutes west 211.00 feet to a point; north 58 degrees
55 minutes east 22.50 feet to a point; north 30 degrees 59
minutes west 56.90 feet to a point in the southerly line of
Franklin Street, said point being the northeasterly corner of the
premises previously conveyed by the City of Ithaca to Mutual
Housing Association of Tompkins County, Inc.; running thence
north 58 degrees 55 minutes 00 seconds east along the southerly
line of Franklin Street 107 feet to a point; running thence south
30 degrees 59 minutes 00 seconds east 64.00 feet to a point;
running thence south 05 degrees 24 minutes 19 seconds east 289.54
feet to a point in the northerly line of Adams Street said point
being located south 58 degrees 54 minutes 39 seconds west 172.10
feet along the northerly line of Adams from its intersection with
the westerly line of Lake Avenue; running thence south 58 degrees
54 minutes 39 seconds west 42.00 feet along the northerly line of
Adams Street to the point or place of beginning.
The above described premises together with the premises
previously conveyed by the City of Ithaca to Mutual Housing
Association of Tompkins County, Inc. are more particularly shown
on a survey map entitled "Mutual Housing Association of Tompkins
County - First Street Adams Street Franklin Street - City of
Ithaca, Tompkins County, New York" dated March 15, 1995 and
revised August 2, 1995, prepared by T.G. Miller P.C. and signed
by Allen T. Fulkerson on August 2, 1995, and include Lots 1
through 14 and the common area as described on said map.
Being a portion of the premises conveyed to the City of
Ithaca by deed of Francis J. Paolangeli dated May 10, 1990, which
deed was recorded in the Tompkins County Clerk's Office on May
10, 1990, in Liber 654 of Deeds at page 264.
Subject to an option granted by the City of Ithaca to the
Mutual Housing Association of Tompkins County, Inc., which option
was extended by instrument dated February 3, 1994 and August 2,
1995.
October 4, 1995
RESOLVED, That the Mayor, on advice from the City Attorney, is
authorized and directed to take all steps and execute all
documents necessary to effectuate the transfer of said property.
Extensive discussion followed on the floor regarding the subsidy
of this project with Alderperson Booth speaking in opposition to
the agreement.
Alderperson Sams stated that she will abstain from the vote due
to a conflict of interest.
A vote on the resolution resulted as follows:
Ayes (6) - Mackesey, Schroeder, Gray, Thorpe, Efroymson,
Shenk
Nay (1) - Booth
Abstention (1) - Sams
Carried (6-1-1)
Zoning Strategies to Promote Affordable Housing - Report
Alderperson Schroeder reported that the Planning Committee has
discussed a proposal for cluster zoning and has asked the City
Attorney to review it.
Proposal to Construct Neighborhood Parking Area on Cliff Street
Alderperson Schroeder reported that the Planning Committee held a
hearing with Cliff Street residents regarding a proposal to
construct a neighborhood parking area at 701-705 Cliff Street.
One resident was opposed to the idea, but the majority of
residents seemed interested in the topic, with several concerns
voiced.
Alderperson Schroeder stated that the Planning Committee would
like the First Ward Alderpersons to talk with a broader segment
of that area to ascertain how the overall neighborhood feels
about the proposal.
Discussion followed on the floor regarding several neighborhood
parking problems in the City.
INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE:
* 19.1 Reporting on City/Cornell University Negotiations
This item was withdrawn from the agenda.
* 19.2 Resolution in Support of NTIA Grant
By Alderperson Efroymson: Seconded by Alderperson Gray
WHEREAS, the City of Ithaca recognizes the importance of strong,
convincing, and open communication with all of the citizens in
our community, and
WHEREAS, the City has committed itself to spend resources on
assuring that citizens have access to information through a
variety of traditional means and through the emerging technology
of computer networking, and
WHEREAS, this effort by the City of Ithaca is marked by a
commitment to reach out and collaborate with other municipalities
and political entities in our County, to assure effective and
extensive improvement in communicating on government issues to
all communities, and
WHEREAS, this collaborative effort led to a joint application to
the National Telecommunications and Information Administration
(NTIA) by the County, the City and other entities, and
WHEREAS, this application resulted in the commitment by the
several partners to $456,896. in local resources under the
October 4, 1995
matching funds incentive of the NTIA's Telecommunications and
Information Infrastructure Assistance Program (TIIAP), and
WHEREAS, four other TIIAP proposals were developed from within
our community, all of which will have positive effects nationally
and within our own community, and
WHEREAS, the City of Ithaca has become aware that the U.S. Senate
is now considering total elimination of the NTIA, and
WHEREAS, this action would have a profound negative effect on the
efforts to assure a well informed electorate and citizenry, and
WHEREAS, our review of existing NTIA and TIIAP program indicates
that these modest government programs have had powerful and
positive effects in other communities; now, therefore, be it
RESOLVED, That this Common Council calls upon the U.S. Senators
from the State of New York, and upon all of the New York
Representatives in the House to take all possible action to
restore NTIA and its programs in the Federal Budget for 1996, and
the Budget Plans for future years, and be it further
RESOLVED, That the Mayor of the City of Ithaca is hereby directed
to prepare and send letters to the New York Delegation, Chair of
the U.S. Senate Appropriations Committee, National League of
Cities, President Clinton, U.S. House and Senate Majority and
Minority Leaders and the New York State Conference of Mayors
conveying this resolution, and expressing the City's view of the
importance of the NTIA as essential to the preservation of a
fully informed citizenry.
Carried Unanimously
REPORT OF COUNCIL LIAISONS:
Transit Facility Committee
Alderperson Booth stated that the Transit Facility Committee is
discussing ways to work through federal aid reductions to transit
services.
EXECUTIVE SESSION:
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That Common Council adjourn into Executive Session to
discuss contract negotiations.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened into Regular Session with no motions
being brought forth.
ADJOURNMENT:
On a motion the meeting adjourned at 11:00 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor