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HomeMy WebLinkAboutMN-CC-1998-03-04 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. March 4, 1998 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Gray Manos, Farrell, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb Acting City Attorney – Schwab Deputy City Controller – Thayer Building Commissioner – Eckstrom Planning and Development Director – Van Cort Superintendent of Public Works – Gray Fire Chief – Wilbur PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning and Economic Development Committee: Alderperson Blumenthal requested the addition of Item 19.2 – Call for Public Hearing/Declaration of Lead Agency for the Southwest Park Alienation. No Council member objected. Budget and Administration Committee: Mayor Cohen requested the addition of Items 17.10A – Request Approval to Amend the Personnel Roster of the City Clerk’s Office and Item 17.10B – Approval of Appointment of Acting Deputy City Clerk. No Council member objected. Executive Session: Mayor Cohen requested the addition of an Executive Session. No Council member objected. YOUTH AWARD: Alderpersons Paulette Manos and Sara Shenk presented the Distinguished Youth Award to Barbara Keefe, who is a member of the Youth Bureau’s Youth Employment Service, and the One to One Program. Miss Keefe is a fourteen year old student at Ithaca High School and works at the Tompkins Employee Federal Credit Union 3-4 days per week. The Credit Union noted that they are so pleased by Ms. Keefe’s accomplishments, that they plan to train her as a teller when she is sixteen. MAYOR'S APPOINTMENTS: Tompkins Consolidated Area Transit Board March 4, 1998 2 Resolution By Mayor Cohen : Seconded by Alderperson Blumenthal RESOLVED, That Common Council approves the appointment of Alderpersons Marcham, Gray and Farrell to serve on the TCAT Board. Alderperson Shenk requested that this item be tabled as Council members just received notice of the proposed appointments, and there has not been adequate time to review them. Motion to Table By Alderperson Vaughan: Seconded by Alderperson Shenk RESOLVED, That the Mayor’s appointments to the TCAT Board be tabled until further notice. Carried Unanimously Acting City Attorney Resolution By Mayor Cohen : Seconded by Alderperson Blumenthal RESOLVED, That Common Council approves the appointment of Norma Schwab as Acting City Attorney. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Council to request improved maintenance, and information regarding the new lights for the Cass Park ballfields: Lisa Libel, City of Ithaca Denise Pritchard, Town of Ithaca Arthur Watkins, City of Ithaca The following people addressed Council in support of the Memorandums of Understanding between the City and the Ithaca Downtown Partnership (IDP) regarding IDP coordination of events on the Commons: Dave Colt, City of Ithaca Beverly Apgar, Handblock, IDP Board Member Mack Travis, IDP President The following people addressed Council in opposition of the Memorandums of Understanding between the City and the Ithaca Downtown Partnership (IDP) regarding IDP coordination of events on the Commons: Neil Oolie, City of Ithaca Kathleen Demiani, City of Ithaca Bob Gravani, President Elect of Ithaca Rotary Club, representing Ithaca service clubs, read a proclamation regarding enforcement of drug issues. Theresa Alt, City of Ithaca, spoke regarding the Multilateral Agreement of Investments and the potential impact on local governments and local economic development. Robert Packard, Town of Groton, spoke regarding the demolition of 304 Cascadilla Street, and his desire to purchase and renovate the house if the Building Department will approve the request. March 4, 1998 3 Herb Nelson, City of Ithaca, addressed Council regarding the level of lighting in Ithaca and the Sagan Walk monuments on the Commons. Fay Goughakis, City of Ithaca, spoke regarding the Cornell Lake Source Cooling Project. RESPONSE TO THE PUBLIC: Alderperson Marcham responded to comments made regarding the property at 304 Cascadilla Street. Alderperson Vaughan thanked the service organizations for their drug proclamation and support. Alderperson Shenk responded to comments made regarding the IDP Memorandums of Understanding. She noted that the City will continue to have control over permitting on the Commons. Alderperson Shenk responded to questions regarding the maintenance of the softball fields, and noted that new lights will be installed with a generator which will result in energy savings. Alderperson Blumenthal responded to comments regarding the IDP Memorandums of Understanding. She noted that the IDP Board includes three city representatives. Mayor Cohen responded to comments made on the following items: Maintenance of the softball fields, the level of lighting on State Street, and the IDP Memorandums of Understanding. Mayor Cohen further thanked the service clubs for their proclamation and their continued support. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Shenk requested that each Council member be given a list of outstanding vacancies for Boards and Committees. Alderperson Blumenthal informed Council of two upcoming meetings. On March 16, 1998 there will be a public information session on the Inlet Island Urban Design Plan, and on April 6, 1998 there will be a public information meeting on the Southwest Area Land Use Study. Alderperson Blumenthal distributed “Share the Road” bumper stickers to Council members. The bumper stickers are available at sponsoring businesses and will be placed on City vehicles. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen stated that he is meeting with the Bicycle Advisory Council on March 5, 1998 regarding vacancies on that committee. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Vice-Chair Ehrhardt reported on the following actions of the Board of Public Works: The Board denied a request for a discounted parking permit fee at the Dryden Road parking garage. The Board directed the DPW to post the “No Turn on Red” signs at the intersection of College Avenue and Dryden Road so that they March 4, 1998 4 will be more visible from the pole. The Board also discussed installing brick crosswalks at the intersection of College Avenue and Dryden Road. The Board discussed the proposal for Mounted Police in the City. The Board will have a special meeting after the Committee of the Whole meeting next week. The Traffic Committee will meet the first Tuesday in April and will discuss the intersection at Buffalo and Eddy Streets, and a proposal to change the configuration of E. Spencer Street where it meets Turner Place and Prospect Street. CONSENT AGENDA ITEMS: Budget and Administration Committee: Finance/Chamberlain - Request to Adjust 1997 City Tax Roll By Mayor Cohen : Seconded by Alderperson Gray WHEREAS, New York State acquired property on Meadow Street prior to the assessment of 1997 City taxes, and WHEREAS, New York State law states that property acquired by New York State is tax exempt on the acquisition date; now, therefore, be it RESOLVED, That the 1997 tax warrant shall be adjusted to reflect the exclusion of a parcel at 320 South Meadow Street in the amount of $3,122.78, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate change on the tax roll. Carried Unanimously Finance/Chamberlain - Request to Adjust 1998 Warrant By Mayor Cohen : Seconded by Alderperson Gray WHEREAS, a delinquent charge representing the 1997 annual license fee for use of City property at 109-111 North Cayuga Street was added to the 1998 City installment taxes, and WHEREAS, the Board of Public Works entered into an encroachment agreement in 1996 whereby the charge should have never been assessed; now, therefore, be it RESOLVED, That the 1998 tax warrant shall be adjusted to reflect the error in fee assessment by reducing the tax bill in the amount of $223.77 for the parcel at 109-111 North Cayuga Street, and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate change on the tax roll. Carried Unanimously Finance/Chamberlain - Request to Extend County Tax Warrant By Mayor Cohen : Seconded by Alderperson Gray RESOLVED, That the City Chamberlain be authorized to request the County of Tompkins to extend its warrant for collection of the 1998 taxes until May 31, 1998. Carried Unanimously Finance/Chamberlain - Request to Amend Fee for Notice of Unpaid Taxes By Mayor Cohen : Seconded by Alderperson Gray March 4, 1998 5 WHEREAS, New York State Real Property Tax Law provides for notice to be sent to owners of property with unpaid taxes, and WHEREAS, the real property tax law also allows for a fee up to $2 to be established by the governing body to cover the expense of mailing the notice, and WHEREAS, due to restrictions in software provided by the County for the collection of county taxes, the City has been charging a $1 fee for said notice, and WHEREAS, the restrictions have now been corrected and the City may charge the $2 notice fee; now, therefore, be it RESOLVED, That Common Council hereby directs the City Chamberlain to increase the fee charged to property owners for notice of unpaid taxes from $1 to $2 per mailing. Carried Unanimously REGULAR AGENDA ITEMS: Budget and Administration Committee: 17.1 Common Council – City of Ithaca/Ithaca Downtown Business Improvement District In Lieu Payment Agreement for 1997-1998 By Alderperson Marcham : Seconded by Alderperson Vaughan RESOLVED, That Common Council hereby authorizes the Mayor to sign the Services In Lieu of Payment Memorandum of Understanding between the City of Ithaca and the Ithaca Downtown Business Improvement District. Carried Unanimously 17.2 Common Council – City/Ithaca Downtown Business Improvement District Base Level Services Memorandum of Understanding By Alderperson Marcham : Seconded by Alderperson Vaughan RESOLVED, That Common Council hereby authorizes the Mayor to sign the Base Level Services Memorandum of Understanding between the City of Ithaca and the Ithaca Downtown Business Improvement District. Carried Unanimously 17.3 Common Council – City/Ithaca Downtown Business Improvement District Performance of Basic Services Agreement By Alderperson Marcham : Seconded by Alderperson Vaughan RESOLVED, That Common Council authorizes the Mayor to sign the agreement between the City of Ithaca and Ithaca Downtown Business Improvement District regarding performance of basic services. Carried Unanimously 17.4 Common Council - Approval of Procedure for Requesting Salary Increases for Managerial Employees By Alderperson Marcham : Seconded by Alderperson Vaughan WHEREAS, A Common Council subcommittee has established a draft procedure for requesting salary increases for managerial employees not covered by a bargaining unit, and WHEREAS, the draft procedure has been reviewed and approved by senior staff and the Budget and Administration Committee; now, therefore, be it RESOLVED, That Common Council hereby approves the following procedure for requesting salary increases for managerial employees not covered by a bargaining unit effective March 4, 1998. March 4, 1998 6 PROCEDURE FOR REQUESTING SALARY INCREASES FOR MANAGERIAL EMPLOYEES NOT COVERED BY A BARGAINING UNIT HOW TO SUBMIT A REQUEST Requests for a salary increase must be in writing and should address the criteria outlined below. Requests should be submitted to the Director of Personnel. A copy of the request should also be provided to the head of the department affected or, if the department head is making the request on his/her own behalf, to the Mayor. The Director of Personnel will distribute copies of the request to the Budget and Administration Committee. WHEN TO SUBMIT A REQUEST Requests for salary increases should be submitted to the Director of Personnel no later than April 1st of any given year. The Director of Personnel will place the requests on the agenda of the next regularly scheduled Budget and Administration Committee meeting. The Budget and Administration Committee will review and respond to the requests by the June meeting of the Budget and Administration Committee. Any salary increases that are granted will take effect upon approval by Common Council. CRITERIA FOR GRANTING AN INCREASE A request for a salary increase must meet one of the following criteria: 1. The job must have permanently and materially changed. A material change refers to the permanent addition of new and different responsibilities that are of significance, and are performed regularly, and have become a substantial part of the employee’s job. 2. There has been high turnover in the position which, upon review, may have been caused by low salaries. 3. It can be demonstrated that the salary is not equitable when reviewed against either the internal managerial salary structure or an appropriate selection of external salary structures. Common Council shall determine the appropriate salary structures with which comparisons are to be made. CRITERIA THAT WILL NOT BE USED FOR GRANTING AN INCREASE 1. A request to expand a managerial employee’s work week from 35 to 40 hours and provide a corresponding salary increase. All managerial positions will be converted to 40 hour positions as turnover occurs. 2. Merit. Common Council will not grant merit increases because there is currently no fair way to judge merit. A vote on the resolution resulted as follows: Carried Unanimously 17.5 Police Department - Request Copier Machine Replacement By Alderperson Marcham : Seconded by Alderperson Farrell WHEREAS, the Police Department has two Xerox copier machines that are in poor condition and require high maintenance cost, and WHEREAS, the department can replace the old machines with new, better technology machines at a more effective overall cost to the City; now, therefore, be it March 4, 1998 7 RESOLVED, That Common Council hereby amends the Police Department's 1998 Authorized Equipment List to include the purchase and/or lease of two copier machines for the department, and be it further RESOLVED, That funds needed for the two replacement copier machines shall be derived within the existing department's budget. Carried Unanimously 17.6 Police Department - Recommendation of Memorandum of Understanding By Alderperson Marcham : Seconded by Alderperson Vaughan MEMORANDUM OF UNDERSTANDING regarding IPD K-9 unit handler grooming time CITY OF ITHACA - ITHACA POLICE BENEVOLENT ASSOCIATION Whereas, the city has been offered a grant for the purchase, training and maintenance of a specially trained police dog in order to develop a K-9 unit, and is desirous of accepting that grant to create an experimental canine unit pilot program; and Whereas, the PBA, in general, and Police Officer, Ray Schweiger, in particular, are interested in assisting and participating in the experimental pilot program, which requires that each dog acquired have a single handler, who, among other responsibilities takes the dog home for grooming and feeding; and Whereas, the parties wish to clarify and agree upon the impact of expected time commitment as a canine handler for FLSA purposes for this pilot experimental program; and Whereas, if the pilot experimental program is successful and the city wishes to continue the program, the parties wish to clarify and agree upon the impact of expected time commitment as a canine handler for Fair Labor Standards Act purposes, now, therefore be it RESOLVED, That Common Council hereby approves the following Memorandum of Understanding regarding the IPD Canine Unit Handler Grooming Time, and directs the Mayor to sign said document and incorporate the memorandum into the current PBA contract. IT IS HEREBY AGREED AS FOLLOWS: 1. Grooming Time: An estimated average of not more than two and one half hours per week is expected of the assigned officer-handler to be spent outside of normal working hours for “grooming” the canine. Grooming includes, but is not limited to: feeding, walking, medicating the dog, as necessary, as well as appropriate brushing and similar work as directed by the dogs original or subsequent trainers and/or veterinarian. 2. In order to avoid causing these routine-grooming activities to become Fair Labor Standards Act overtime, the officer may leave work one-half hour before the end of the officer’s scheduled shift. 3. In addition, in lieu of grooming time for the officer assigned to the canine as well as for the convenience of the IPD, the IPD will provide a vehicle for the handler to take March 4, 1998 8 to and from his/her home with the animal. This would be the same vehicle that the officer and canine would use to respond to calls on a “call out” basis from home. This provision does not affect the application of paragraph one above. 4. After completion of the basic narcotics detection and patrol school which the officer and dog will attend, any regular training and recertification, to the extent possible, will be done as part of the officer’s regular tour of duty or if the training and recertification occurs on a different shift from the officer’s regular shift, the training will be done in lieu of a regular tour of duty day. If the training is less than the full eight hours, the extra time will count toward grooming time and will not require the use of leave time. 5. Initially, the officer and canine will be assigned to the officer’s regular shift. 6. It is possible that a shift adjustment might have to be made in the future based on the most expedient use of the canine team. 7. Based on the verbal agreement of the parties, confirmed by memorandum dated January 7, 1998, this agreement is intended to be in full force and effect as of the date on which the dog was delivered. A vote on the resolution resulted as follows: Ayes (9) Shenk, Manos, Farrell, Gray, Blumenthal, Vaughan, Marcham, Spielholz, Taylor Nays (1) Sams Carried .7 DPW - Amend Stewart Avenue Landslide Capital Project By Alderperson Marcham : Seconded by Alderperson Blumenthal WHEREAS, Common Council authorized the Stewart Avenue Stabilization Project in 1994, in the amount of $348,000, and WHEREAS, funding for the project was to be derived from $202,754 in State Funds and $145,266 in Serial Bonds, and WHEREAS, bids were opened in 1997 with a post-bid budget of $277,000 and project work to be completed in January and February of 1998, and WHEREAS, recent heavy rains contributed to a further landslide at the site, producing additional work for the contractor and placing the final project cost at $380,000; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #289 Stewart Avenue Landslide Repair by $32,000 for a total project authorization of $380,000, and be it further RESOLVED, That the $32,000 additional funds be advanced from the General Fund and repaid when the project is financed through the issuance of Serial Bonds. Carried Unanimously .8 DPW - Request Amendment to Authorized Personnel Roster for Bridge Systems Engineer By Alderperson Marcham : Seconded by Alderperson Manos March 4, 1998 9 WHEREAS, Common Council approved the addition of a temporary full- time Bridge Systems Engineer to the DPW Authorized Personnel Roster at their regular meeting of February 4, 1998, and WHEREAS, it has been determined by the Civil Service Commission that the position should be a permanent roster position through December 31, 1998; now, therefore, be it RESOLVED, That the Common Council hereby amends the 1998 DPW Authorized Personnel Roster as follows: Delete: One Temporary full-time Bridge Systems Engineer Add: One Permanent full-time Bridge Systems Engineer and be it further RESOLVED, That the roster position be effective through December 31, 1998, subject to appropriate funding source approval. Carried Unanimously .9 A Local Law Amending Section 146-7.C.(2) of Chapter 146 entitled "Permit Fees" By Alderperson Marcham : Seconded by Alderperson Vaughan LOCAL LAW No. 2 of the Year 1998 City of Ithaca A Local Law To Amend The Fees Collected By The Building Department For Building Permits. Be it enacted by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. This Local Law is intended to amend the fees charged by the Building Department for Building Permits. Section 2. The City of Ithaca Municipal Code, 146-7.C. (2) of Chapter 146 entitled “Permit Fees”; is hereby amended as follows: (2) Permit fees. (a) Permit fees shall be paid before permit review can commence according to the following schedule: Permit Type Fee Building Permit Where the total valuation of the work is: $2,000. or less $10.00 Building Permit Where the total valuation of the work is: Above $2000 $6.00 for each $1,000.00 or fraction thereof March 4, 1998 10 Section 2. This law shall take effect immediately upon filing with the office of the Secretary of State. Carried Unanimously .10A City Clerk - Appointment of Acting Deputy City Clerk By Alderperson Marcham : Seconded by Alderperson Gray RESOLVED, That the Personnel Roster of the City Clerk’s office be amended by adding the following temporary positions: Acting Deputy City Clerk Senior Typist And, be it further RESOLVED, That these positions will be deleted from the Personnel Roster of the City Clerk’s office upon the appointment of a Deputy City Clerk. Carried Unanimously .10B Approval of Appointment of Acting Deputy City Clerk By Alderperson Marcham : Seconded by Alderperson Manos RESOLVED, That Common Council approves the appointment of Susan R. Stickel to the position of Acting Deputy City Clerk with an annual salary of $24,132, effective March 5, 1998, and ending upon the appointment of a Deputy City Clerk. Carried Unanimously .11 Planning Department - Request Approval of Franchise Consulting Services Contract By Alderperson Marcham : Seconded by Alderperson Gray WHEREAS, Mayor Alan Cohen appointed a committee to advise the City on selection of a consultant to assist the City in matters related to the City's cable franchise agreement, and WHEREAS, this committee has received and reviewed proposals from numerous consultants and after due consideration has unanimously recommended the firm of Rice Williams Associates, Inc. of Washington, DC for their proposal of $120,000.00, and WHEREAS, there have been extensive discussions, which are ongoing with other municipalities in Tompkins County, regarding the formation of a consortium which would jointly negotiate a contract with Time Warner Cable for all municipalities served by Time Warner Cable in Tompkins County, and WHEREAS, those other municipalities which join with the City in this negotiation will make a reasonable contribution toward their share of the cost of this consultant; now, therefore, be it RESOLVED, That Common Council hereby authorizes and directs the Mayor to sign and execute the contract with Rice Williams Associates, Inc. for consulting services for the City's cable television services franchise agreement at a cost not to exceed $120,000.00 upon advice of the City Attorney and the Director of Planning and Development, and be it further RESOLVED, That said funds will be advanced by the General Fund on an as-needed basis, and be it further RESOLVED, That the Consultant and the City, as well as other municipalities that choose to join the City in these negotiations, will make every effort to recover the cost of the consultant fee from the franchise agreement. March 4, 1998 11 Discussion followed on the floor regarding the benefits of hiring a consultant to help the City negotiate this franchise. The Inter-Municipal Cable Commission will join with the City in negotiations. A vote on the Resolution resulted as follows: Carried Unanimously 18. COMMUNITY ISSUES COMMITTEE: .1 Community Police Board – Report Alderperson Sams updated Council on new procedures for the Community Police Board and the addition of a conciliation component to the complaint process. .2 IPD Mounted Patrol Unit – Report Alderperson Sams stated there were outstanding questions regarding funding sources for the proposed mounted patrol. Ithaca Police Department staff will report back to the Community Issues Committee with their findings. .3 Institute for the Healing of Racism Training Report Alderperson Sams stated that she is coordinating a workshop to be held for members of Common Council. .4 Affirmative Action Committee – Report Alderperson Sams reported on the Committee’s findings regarding an Affirmative Action Officer and the associated costs. .5 Liaisons to Boards and Commissions – Report Alderperson Sams reported that the Community Issues Committee reviewed current legislation regarding liaison voting issues and deemed that the legislation does not require changes at this time. .6 Alternative Community School Youth Center Proposal - Report Alderperson Sams reported that the Alternative Community School proposes that the Old Town Hall be renovated and turned into a Youth Center. The Community Issues Committee gave conceptual approval for the renovation/design of the project. 19. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 19.1 An Ordinance to Amend Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Change the Zoning Designation of Certain Areas of the City of Ithaca and to Establish Appropriate District Regulations – Call for a Public Hearing By Alderperson Blumenthal : Seconded by Alderperson Gray RESOLVED, That Ordinance 98-____ entitled An Ordinance to Amend Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code to Change the Zoning Designation of Certain Areas of the City of Ithaca and to Establish Appropriate District Regulations 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 in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, April 1, 1998 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 March 4, 1998 12 ordinance. This notice shall be published once at least 15 (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. Carried Unanimously The ordinance to be considered is as follows: ORDINANCE NO. 98-_____ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA AND TO ESTABLISH APPROPRIATE DISTRICT REGULATIONS. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca is hereby amended to create a new zoning district to be known as the "U-1" Zoning District. Section 2. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following areas from P-1, R-3 and B-2-b and B-4 as appropriate to U-1: All that tract or parcel of land, more particularly shown on a map entitled on the map entitled "City of Ithaca U-1 Zone" dated __________, which is incorporated herein by reference and made a part hereof. A copy of the map is on file with the City Clerk’s office. Section 3. For purposes of this ordinance, the entire U-1 zone shall be considered one lot. Section 4. Chapter 325, Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended to establish district regulations for the new U-1 district as shown on the map entitled “U-1 zone, City of Ithaca, New York” which is incorporated herein by reference. Column 2: Permitted primary uses: Post secondary educational institution and its affiliated institutions, whose primary purpose is education, research, extension or living accommodation. Column 3: Permitted accessory uses: Required off-street parking, parking garages, signs. Column 4: Off-street parking requirement: See Section 325- 20. Column 5: Off-street loading requirement: None. Column 6: Minimum lot size: Area in Square feet: No minimum lot size. Column 7: Minimum lot size: Width in feet at street line: None. Column 8: Maximum height of building: Number of stories: None. Column 9: Maximum height of building: Height in feet: 175 feet; except that within 200 feet of any adjacent City residential district, the maximum height of any building shall be limited to 15 feet more than the maximum height permitted in the adjacent City residential district. See also Section 325-16(D). Column 10: Maximum percentage of lot covered by buildings: thirty-five (35) percent. Column 11: Yard dimensions, front, required minimum: None except as required by Section 325-18(D). Column 12: Yard dimensions, side, one side at least: None. Column 13: Yard dimensions, side, other at least: None. Column 14: Yard dimensions, rear, percent of depth: None. March 4, 1998 13 Column 15: Yard dimensions, rear, maximum required feet: None. Column 16: Minimum building height: None. Section 5. Chapter 325, Section 325-16(C) of the Municipal Code of the City of Ithaca entitled "Height Regulations" is hereby amended to add a new subsection (4), which shall read as follows: The provisions of section 325-16(C) subsections (1), (2) and (3) shall not apply in the U-1 zone. Section 6. Chapter 325, Section 325-16 of the Municipal Code of the City of Ithaca entitled "Height Regulations" is hereby amended to add a new subsection to be known as subdivision (D) to read as follows: "Notwithstanding anything to the contrary contained herein, in any U-1 district: (1) No building shall be erected in any of the areas designated “Gorge Protection Area A (“no-build” area)” on the map entitled "City of Ithaca U-1 zone.” (2) No building shall be erected that is greater than fifty (50) feet in height in any of the areas designated "Gorge Protection Area B(50' height area)” on the map entitled "City of Ithaca U-1 Zone" dated __________, a copy of which map is on file in the Ithaca City Clerk's Office. (3) No building shall be erected that is greater than seventy- five (75) feet in height in any of the areas designated "Gorge Protection Area C (75' height area)" on the map entitled "City of Ithaca U-1 Zone." (4) The restrictions contained in this subdivision shall not apply to buildings less than fifteen feet in height which are intended, designed and maintained as amenities to adjacent trails such as gazebos, rest rooms, etc. (5) The restrictions contained in this subdivision shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired provided their height and footprint are not enlarged so as to make the buildings noncompliant with the restrictions of this subdivision. Section 7. Chapter 325, Section 325-18 of the Municipal Code of the City of Ithaca entitled "Yard Regulations" is hereby amended to add a new subsection to be known as subdivision 325- 18(D) to read as follows: "D. Notwithstanding anything herein contained to the contrary, in the U-1 Zone, for any building which is constructed after the effective date of this ordinance, if any part of said building is within 100 feet of a residential zone, said building shall be set back from any adjacent public road which separates the U-1 zone from a residential zone, a distance equal to at least the required front yard setback established for buildings in such adjacent residential zone. Section 8. Chapter 325, Section 325-20 of the Municipal Code of the City of Ithaca entitled "Off-Street Parking" is hereby amended to add a new subsection to be known as subdivision (A)(4)(c) to read as follows: "(1) Notwithstanding anything contained herein to the contrary, the off-street parking requirements in the U-1 district shall be computed as follows: (a) 1 parking space for each 7 undergraduate students, and (b) 1 parking space for each 2 graduate students, and (c) 3 parking spaces for each 4 employees, and (d) 1 parking space for each 25 undergraduate students, graduate students, and employees combined. (2) It is the purpose of requirement (1)(d) above to account for parking required for visitors, cars with handicapped permits, service vehicles, off-street March 4, 1998 14 loading, occasional parkers, and other miscellaneous parking demands. Parking need not be specifically designated or used as set forth in paragraph (1) above, so long as the total number of parking spaces is available. (3) Only full-time undergraduate and graduate students, and full-time employees, or full time equivalents, who are assigned to, or have their primary place of work or study, on the main campus, shall be included in the above calculations. For the purpose of this section full time students and employees are defined as: Students enrolled in 12 credits or more per semester; full time employees are employees who are employed at least 35 hours per week; and full time equivalents are a number of part time students or employees whose combined credit enrollment equals 12 credits per semester or number of hours employed total 35 hours per week. (4) For the purpose of this section, "main campus" shall be defined as the area outlined on the map entitled "Main Campus, Cornell University," dated _________, a copy of which map is on file in the Ithaca City Clerk's Office. (5) Parking spaces required above may be provided at any place or places located on the main campus or any other locations within Tompkins County which are owned, rented or otherwise utilized for parking purposes by the institution or its affiliated institutions, without regard to municipal boundary. To be so counted such parking spaces must be utilized for parking by persons who are going to the main campus and must be connected by bus service to, or be within a reasonable walking distance of, the main campus. Such spaces shall not be considered to satisfy the parking requirements established herein if they are being counted to satisfy the parking requirements of any other section of this zoning ordinance or the parking requirements of any zoning ordinance of any other municipality, for uses other than those located on the main campus. (6) The parking requirement of subsection (1) above shall be reduced by the lessened parking demand that participation in a Transportation Demand Management System (TDMS) produces, as set forth below: (a) At least every three (3) years the Institution shall provide to the Building Commissioner no later than February 28 of that year a report and such additional copies as reasonably required by the Building Commissioner, containing: (I) parking spaces inventory within the main campus and any parking outside the main campus that is used for main campus parking; (ii) a count of undergraduate students, graduate students and employees as defined by subsection (2) above; (iii) a count of such undergraduate students, graduate students, and employees who are enrolled in the TDMS; and a count of those who have individual parking permits to park on the main campus; (iv) an explanation of how and to what extent the institution calculates that parking demand has been reduced by enrollment in TDMS. (b) After receipt of such report, the Building Commissioner shall: (i) within ten (10) days, distribute one copy of the report to every member of the Common Council, the Planning and Development Board, and the Conservation Advisory Council; place copies for public examination at the Building Department, the Tompkins County Public Library, and Olin Library at Cornell University, and make the report available electronically; March 4, 1998 15 (ii) within thirty (30) days, conduct a public hearing to receive comments and questions from the public. Such hearing shall be advertised at least ten (10) days prior to such hearing. The institution shall be given the opportunity at the hearing to present its report, and to respond to comments and questions; and (iii) within thirty (30) days following the public hearing, work jointly with the institution to amend the report to address all issues deemed appropriate by the Building Commissioner. (d) Within forty-five (45) days following the public hearing, the institution shall submit an amended report together with such additional copies as may be reasonably required by the Building Commissioner. Within thirty (30) days following receipt of such amended report, the Building Commissioner shall determine the extent to which the parking requirement of subsection (1) above shall be reduced as a result of participation in a TDMS. The Building Commissioner shall forward a copy of the amended report, a summary of the public comments received and a copy of his determination to the Mayor, and to each member of Common Council, the Board of Public Works, and the Planning Board. (e) The decision of the Building Commissioner shall be a ministerial act pursuant to Chapter 176 of this Code, and may be appealed within thirty (30) days pursuant to section 325-37.B of this chapter. Section 9. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 10. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Blumenthal requested that the fifth sentence of Section 5 be amended to read as follows: “To be so counted it must be demonstrated that such parking spaces are utilized for parking by persons who are going to the main campus and must be connected by bus service to, or be within a reasonable walking distance of, the main campus.” .2 Southwest Park Alienation – Report Alderperson Blumenthal reported that the Southwest Park Alienation process will be going through the State Legislature this session. .2a Resolution Establishing Common Council as the Lead Agency for the Environmental Review of Alienation of Southwest Park By Alderperson Blumenthal : Seconded by Alderperson Gray WHEREAS, on November 7, 1984 and June 5, 1985 Common Council supported New York State legislation that would authorize the alienation of Southwest Park from park status, and WHEREAS, the New York State legislation approved this alienation and the Governor signed the law authorizing the city to proceed with alienation and (Chapter 757 of the laws of 1985), and WHEREAS, the City began the process of acquiring substitute parcel, but never completed the alienation and substitution, WHEREAS, alienation of Southwest Park therefore requires new New York State authorizing legislation, and March 4, 1998 16 WHEREAS, in a January 1, 1992 resolution, Common Council declared that it still intended to alienate Southwest Park, and WHEREAS, the City of Ithaca is moving forward with the alienation during the 1998 State legislative session, and WHEREAS, the 1990 revision of New York State Guide to the Alienation and Conversion of Municipal Parkland recommends that an environmental review “take place prior to seeking legislative approval”, and WHEREAS, the Common Council is the lead agency for the park land alienation process, and WHEREAS, State and local environmental review law requires that the agency which has primary authority for an action acts as lead agency for the environmental review of that action; now, therefore, be it RESOLVED, That Common Council hereby declares its intention to act as lead agency for environmental review of the alienation of Southwest Park, and be it further RESOLVED, That Common Council hereby gives notice to other involved agencies of its intention in this matter. Carried Unanimously .2b Environmental Review of Alienation of Southwest Park --Call for Public Hearing By Alderperson Blumenthal : Seconded by Alderperson Farrell RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the Environmental Review of the Southwest Park Alienation to be held in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, April 1, 1998, 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 once at least fifteen (15) days prior to the Carried Unanimously .3 Economic Development Plan – Report Alderperson Blumenthal stated that the Committee heard a report from Thomas Niederkorn, who has been contracted by the City to complete the Economic Development Plan for the City of Ithaca. 4. City Dump Rezoning – Report Alderperson Blumenthal stated that the Planning and Development Committee is in the process of rezoning the land previously used as the city dump. This land is currently zoned for mobile homes and the Committee would like to rezone this land for commercial use. RECESS: Common Council recessed at 9:00 P.M. RECONVENE: Common Council reconvened into regular session at 9:15 P.M. EXECUTIVE SESSION: March 4, 1998 17 By Alderperson Sams : Seconded by Alderperson Spielholz RESOLVED, That Common Council adjourn into Executive Session to discuss pending litigation regarding a personal injury, pending litigation regarding a variance, and collective bargaining. Carried Unanimously RECONVENE: Common Council reconvened into regular session with no action being taken. Resolution By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That the Mayor be authorized to sign the agreement between the City of Ithaca and the Ithaca Paid Firefighters Association, the City and the Chief Officers Unit of the Fire Department, subject to the approval of the City Attorney. Carried Unanimously Mayor Cohen thanked the Ithaca Paid Firefighters Union for working as a team with the City during contract negotiations. ADJOURNMENT: On a motion the meeting adjourned at 9:50 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor