HomeMy WebLinkAboutMN-CC-1998-06-03
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. June 3, 1998
PRESENT:
Mayor Cohen
Alderpersons (9) Shenk, Sams, Blumenthal, Marcham, Taylor
Manos, Farrell, Vaughan, Spielholz
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Geldenhuys
City Controller – Cafferillo
Building Commissioner – Eckstrom
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
City Chamberlain – Parsons
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:
Alderperson Blumenthal requested Item 18.1 – Roller Sports Park
Location Change – be moved forward on the Agenda.
MOMENT OF SILENCE:
Mayor Cohen requested a moment of silence in memory of former
Alderperson Richard Gray.
SPECIAL ORDER OF BUSINESS:
Fire Chief Wilbur and Cynthia Yahn, Board of Fire Commissioners,
spoke in recognition of the volunteer companies that serve the
Fire Department and Ithaca community.
Commissioner Yahn introduced the 1997 and 1998 Company Captains.
The Board of Fire Commissioners presented a Certificate of
Appreciation to Cayuga Hose Company No. 1 who is celebrating 170
years of dedicated service to the Ithaca Fire Department and the
Ithaca community.
The 1997 Board of Fire Commissioners Exemplary Service Award was
presented to Peter Strizack.
Mayor Cohen read the following proclamation for the 175th
Anniversary of the Ithaca Fire Department:
WHEREAS, the Ithaca Fire Department was established when the
Rescue Steamer and Chemical Company #2 was organized in July of
1823, and in the year 1998 the Ithaca Fire Department and Rescue
Steamer and Chemical Company #2 have been in existence and
providing service to the community for 175 years, and in the year
since its founding, the thousands of Ithacans who have given of
their time and energy in these 175 years are recognized and
remembered through the celebration of this anniversary, and today
the Ithaca Fire Department and its special combination of
volunteers, bunkers, and career firefighters continues its proud
tradition of service to the Ithaca Community, and it is fitting
that the City recognize the accomplishments made in these 175
June 3, 1998
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years of saving lives and protecting property; now, therefore be
it
RECOGNIZED AND PROCLAIMED that this year is the 175th Anniversary
of the Ithaca Fire Department, and I urge all Ithacans to reflect
on and celebrate the achievements of our Ithaca Fire Department
which has been made over these 175 years of service.
The Proclamation was presented to Fire Chief Brian Wilbur.
YOUTH AWARD:
Alderperson Spielholz presented the Distinguished Youth Award to
Vanessa Fajans-Turner, who is an active member in the Tompkins
Girls Hockey Association, and who was instrumental in having the
Ithaca City School District vote favorably to endorse a girls ice
hockey team in the year 1999.
MAYOR'S APPOINTMENTS:
By Mayor Cohen : Seconded by Alderperson Blumenthal
RESOLVED, That Alderperson Farrell serve on the Tompkins County
Area Transit Committee.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Art Watkins, Jackie Van Haas, City of Ithaca, spoke in opposition
to the Wood Street site for the proposed Skateboard Park.
Michael Robinson, City of Ithaca, spoke in opposition to the
Skateboard Park and Lake Source Cooling. Mr. Robinson also spoke
on the Ithaca Police Department and the Ithaca Fire Department’s
negotiations.
Rick Manning, Chair of the Parks Commission, spoke in favor of
the proposed Skateboard Park site. He stated that the Parks
Commission was always concerned about the Stewart Park location,
and that the Wood Street Park is an active park with a basketball
court, handball court, softball fields, and playground.
David Ayers, City of Ithaca, spoke in support of the Skateboard
Park, but is concerned about noise after a decent hour.
Bernice Zupancic, Titus Tower Tenant Association, spoke about
mobility issues concerning elderly residents at Titus Towers.
Joel Harlin spoke in support of a multi-sports complex.
Jim Kerrigan, Attorney, spoke in opposition to Council’s solution
of “balance” with City Court Judges, and that changes would cause
great delays.
Jacob Hascup, City of Ithaca, spoke about his frustration at
another obstacle being introduced to the Skateboard Park Project.
Fay Gougakis, City of Ithaca, spoke about her experience during
the 5th Ward Candidacy process.
RECESS:
Common Council recessed at 8:00 P.M.
RECONVENE:
Common Council reconvened into regular session at 8:10 P.M.
June 3, 1998
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Nick Gilbert, Jeff Furman, Kevin Egan and Ian Gaffney, City of
Ithaca, spoke in support of the skateboard park.
Shirley Eagan, Tompkins County Bar Association, and Bill Kaupe,
City of Ithaca, spoke in support of making the City Judge a full-
time position.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Blumenthal thanked the Ithaca Police Department and
the Ithaca Fire Department for their help during Senior Week.
Alderperson Vaughan thanked the Ithaca Police Department and the
Ithaca Fire Department for their help during Senior Week.
Alderperson Vaughan also thanked the students of the Class of
1998 who were helpful in making Senior Week a more pleasant event
for students and residents.
Alderperson Spielholz thanked Mayor Cohen for taking a proactive
stance during Senior Week.
Alderperson Marcham stated that Senior Week takes a tremendous
amount of time, money and effort. Alderperson Marcham hopes that
in the future a less intensive plan will be needed.
Alderperson Farrell thanked the Board of Public Works, the
Traffic Engineer, the members of the Beverly J. Martin School,
and the Washington Park Neighborhood Association who worked hard
to get delineator poles placed on Court & Buffalo Streets to slow
traffic.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen stated that the extra funds spent for Senior Week may
be repaid in arrest fines. Mayor Cohen also thanked Alderpersons
Blumenthal, Vaughan, Marcham, and Spielholz for their help during
Senior Week.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Jean Finley requested that Cable Commission vacancies be filled
immediately, and that Harvey Gitlin be reappointed to the
Commission.
REPORT OF CITY ATTORNEY:
City Attorney Geldenhuys reported on People vs. Pultz regarding a
security deposit case, and People vs. Christie regarding property
at 115-117 Giles Street.
City Attorney Geldenhuys addressed questions regarding the Ithaca
Urban Renewal Agency’s membership. Attorney Geldenhuys stated
that the City does not have the authority to impose term limits.
The General Municipal Law provision prevails and members of IURA
are appointed by the Mayor with Common Council approval.
16. CONSENT AGENDA ITEMS:
Budget and Administration Committee:
16.1 Finance/Chamberlain - Request for Penalty Waiver
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the property owner of 1206 East State Street is
requesting refund of penalty on City taxes because she did not
receive a tax bill, and
WHEREAS, the City Chamberlain and Budget and Administration
Committee have reviewed the supporting documentation for the
June 3, 1998
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taxpayer's request and are recommending to deny the waiver of
penalty; now, therefore be it
RESOLVED, That Common Council hereby denies the request for refund
for the property owner of 1206 East State Street based on New York
State Real Property Tax Law Section 922, which states that the
failure to receive a tax bill shall not affect penalty.
Carried Unanimously
16.1 Finance/Chamberlain - Request for Penalty Waiver
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the property owner at 206 East Jay Street has requested a
waiver of $40.60 in tax penalty, and
WHEREAS, the property owner at 206 East Jay Street has presented
evidence supporting his claim that tax payments for 206 East Jay
Street mailed in January were lost in the mail; now, therefore, be
it
RESOLVED, That Common Council hereby authorizes the City
Chamberlain to refund the penalty paid in the amount of $40.60 to
the property owner at 206 East Jay Street.
Carried Unanimously
16.1 Youth Bureau - Request to Amend 1998 Youth Bureau Budget
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the Ithaca Youth Bureau has received confirmation from
the Danby Community Council of funding in the amount of $1,930 to
allow two Danby area teens to participate in the City's summer
Municipal Jobs Program; now, therefore, be it
RESOLVED, That the 1998 Youth Bureau Budget be hereby amended as
follows:
Increase Revenue Account:
A7310-2350-1202 Youth Service $1,930
Increase Appropriation Accounts:
A7310-5120-1202 P/T & Seasonal YES $1,750
A7310-9030-1202 Social Security 134
A7310-9040-1202 Workers' Compensation 46
Carried Unanimously
16.1 Youth Bureau - Request to Amend 1998 Youth Bureau Budget
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the Ithaca Youth Bureau has received confirmation from
Tompkins County of funding in the amount of $3,273 to allow
several additional teens from the City of Ithaca to participate in
the Youth Bureau's Municipal Jobs Program; now, therefore, be it
RESOLVED, That the 1998 Youth Bureau Budget be hereby amended as
follows:
Increase Revenue Account:
A7310-2350-1202 Youth Services $3,273
Increase Appropriation Accounts:
A7310-5120-1202 P/T & Seasonal YES $3,000
June 3, 1998
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A7310-9030-1202 Social Security 230
A7310-9040-1202 Workers' Compensation 43
Carried Unanimously
16.1 Police Department - Authorizing Police Department to Enter
into an Agreement with the Ithaca Housing Authority to Provide
Additional On-Site Police Services
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the Ithaca Housing Authority ("Authority") has received
Federal funds which allow it to pay the City's Police Department
for additional specialized on-site neighborhood police services at
Ithaca Housing Authority facilities in furtherance of a drug and
crime free environment in the Authority's facilities, and
WHEREAS, the goals of the program funded by this federal grant are
intended to allow the Authority:
- to provide the Authority's residents with a greater
sense of security by regular on-site neighborhood police
presence; and
- to encourage Authority residents to have greater trust
in the Ithaca Police Department's ability to respond to their
calls in a time respectful manner; and
- to assist residents in initiating and maintaining
Neighborhood Watches, drug and crime prevention education
programs, and/or other appropriate methods of increasing
neighborhood involvement to enhance personal security by
assessing safety and security issues among the residents,
responding to these issues with Ithaca Police Department
staff and other community resources through neighborhood
meetings; and assisting residents in making a plan of action
to address the issues on a long-term basis, which build the
community's capacity to monitor and diminish the level of
drug and other threatening activities; and
WHEREAS, the City of Ithaca is willing and able to provide these
additional on-site services in furtherance of the above goals,
said services intended to provide programs and coverage beyond
those services already provided to the Housing Authority by the
City police and the City does not, as the result of this contract,
intend to reduce current levels of service, and
WHEREAS, the Ithaca Police Department has not budgeted any funds
to pay for additional on-site services at Housing Authority
facilities nor does the Ithaca Police Department have any current
plans to employ additional police personnel at such sites, and
WHEREAS, it is anticipated that the need for such services is
concentrated during the months with temperate weather conditions;
now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to enter into a one-
year contract with the Ithaca Housing Authority, terminable upon
30 days notice, for the provisions of said service for an amount
to be paid by the Authority not to exceed $25,000, based on the
actual cost of such overtime services, including fringe benefits,
subject to the approval of the terms of the contract by the Police
Chief, the City Attorney, and the City Controller.
Carried Unanimously
June 3, 1998
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PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.1 Roller Sports Park Location Change - Resolution
By Alderperson Blumenthal : Seconded by Alderperson Farrell
WHEREAS, on October 8, 1997, Common Council for the City of
Ithaca approved funding for a roller sports facility, and
WHEREAS, after evaluation of possible sites in the City of
Ithaca, a site in Stewart Park near the Youth Bureau was selected
for the roller sports facility, and
WHEREAS, members of the City of Ithaca Parks Commission, the
Youth Bureau and members of the public, raised several concerns
regarding the proposed Stewart Park location for the roller
sports facility, and
WHEREAS, the Wood Street Park location was not considered
previously due to pressures for alternate uses of Wood Street
Park, mainly the Desi Jacobs Girls Softball League, and
WHEREAS, the Desi Jacobs Girls Softball League has recently
become a Youth Bureau program, and
WHEREAS, this change in programming has alleviated pressure for
alternate uses in Wood Street Park, and
WHEREAS, members of the Parks Commission, in a memo dated April
16, 1998, evaluated and compared the two possible sites for the
roller sports facility and determined that the Wood Street Park
site is a more appropriate location for the proposed roller
sports facility, and
WHEREAS, members of Common Council, Planning, Engineering and
Youth Bureau Staff, have met with roller sports enthusiasts and
neighborhood residents to discuss the proposed roller sports
facility being located in Wood Street Park, and
WHEREAS, staff has addressed some neighborhood concerns and is
incorporating solutions into the design of the roller sports
facility such as landscaping and signage; now, therefore, be it
RESOLVED, That an oversight committee comprised of, but not
limited to, neighborhood residents, roller sport facility users,
park users, representatives of Common Council, the Board of
Public Works, the Ithaca Police Department, and the Parks
Commission, will be immediately established to:
1. Work on planning the site plan, access,
landscaping, signage and concerns for safety by the
Titus Tower residents
2. Communicate ongoing concerns and issues which may
be
associated with activities in Wood Street Park once the
roller sports park is constructed.
and, be it further
June 3, 1998
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RESOLVED, That funds be reserved from the capital project to
mitigate possible noise from the roller sports park, should that
be required, and, be it further
RESOLVED, That the Common Council of the City of Ithaca hereby
approves the change in location of the roller sports facility to
Wood Street Park.
Alderperson Blumenthal thanked Joann Cornish for her hard work on
this project. Alderperson Blumenthal reported that landscaping
has been added to the design between the park and Titus Towers,
along with a water fountain and benches, and that Ithaca Transit
will adjust their bus schedule to include a stop near the
proposed park.
Alderperson Shenk stated that she would support the proposed
change in location of the roller sports park, and noted that work
was needed to change the perception people have of skateboarders.
Alderperson Manos stated that she cannot support Wood Street Park
site until the Titus Tower resident’s concerns are addressed.
Alderperson Sams stated that she feels that children and seniors
have unfortunately been pitted against each other on this issue.
She further stated that the fears of the elderly, and disabled
people are very real and accidents could result in broken bones,
becoming wheelchair bound, or could be fatal. Alderperson Sams
stated that she cannot support the relocation of the roller
sports facility to Wood Street Park.
Alderperson Spielholz voiced her support of the Oversight
Committee to bring youth and seniors together to make this a
workable site for both groups.
Alderperson Taylor recommended that the Oversight Committee be
convened to address some of these concerns before Council
approval of this site.
Alderperson Blumenthal suggested a second sidewalk be constructed
specifically for Titus Tower residents.
Mayor Cohen stated he cannot support the cost of a second
sidewalk, but that he could support the use of scoring the
sidewalk making it “skateboarder unfriendly”. Mayor Cohen stated
that if Council approves this resolution, construction would
begin in August at the earliest. Mayor Cohen also stated that
once this facility is constructed, an ordinance should be
proposed prohibiting skateboarding in other areas of the City.
Alderperson Sams suggested that the Disability Advisory Council
be contacted for their input.
Alderperson Marcham voiced her support for the relocation of the
skateboard facility to Wood Street Park.
Ayes (7) Shenk, Farrell, Blumenthal, Taylor
Vaughan, Marcham, Spielholz,
Nays (2) Sams, Manos
Carried
RECESS:
June 3, 1998
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Common Council recessed at 9:20 P.M.
RECONVENE:
Common Council reconvened into regular session at 9:30 P.M.
18.2 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
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
ORDINANCE 98 -
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 5-20-98, 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
June 3, 1998
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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.
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 5-20-98, 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.
June 3, 1998
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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
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, which 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 6-3-98, 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:
June 3, 1998
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(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;
(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.
(c) 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.
(d) 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.
In response to a question asked by Alderperson Marcham, Building
Commissioner Eckstrom reported that 8,869 parking spaces are
required under the ordinance, on the Cornell main campus. This
information is reviewed every three years.
Further discussion followed on the floor regarding the process
Cornell University must follow to eliminate on campus parking
spaces.
June 3, 1998
12
Fire Chief Wilbur addressed the fire limit impact. He stated
that this is not a time sensitive situation, but it possibly can
effect the fire limit in the future.
Motion to Table
By Alderperson Spielholz : Seconded by Alderperson Blumenthal
RESOLVED, That this Ordinance be tabled for further discussion.
Carried Unanimously
Mayor Cohen reported that the negative declaration resolution for
this Ordinance was not approved in April.
18.2A An Ordinance Amending the Municipal Code of the City of
Ithaca, Chapter 325, entitled ‘Zoning” to Create a U-1 Zoning
District in a Certain Area in the City of Ithaca – Negative
Declaration
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
WHEREAS, the City of Ithaca is proposing a zoning amendment which
would create a new zone for university uses to be designated a U-
1 zone, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a Long Environmental Assessment Form
(LEAF), and
WHEREAS, the proposed action is a Type I action under the City
Environmental Quality Review Act (CEQR Sec. 176-12B), and
WHEREAS, the Common Council for the City of Ithaca, acting as
Lead Agency, has reviewed the LEAF Part I, submitted by the
applicant, dated 2/13/98, Part II and Part III, prepared by City
of Ithaca Planning Staff, and supplemental information, and has
determined that the proposed action will not have a significant
effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby adopts as its own, the findings and conclusions
more fully set forth on the Long Environmental Assessment Form
Parts I, II, and III, and be it
RESOLVED, That this Common Council, as lead agency, hereby
determines that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary, and be it
RESOLVED That this resolution constitutes notice of this negative
declaration and that the City Clerk is hereby directed to file a
copy of the same, together with any attachments, in the City
Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
Motion to Remove from Table
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
RESOLVED, That Item 18.2, 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 put
back on the table for consideration.
Carried Unanimously
June 3, 1998
13
Amending Resolution
By Alderperson Blumenthal : Seconded by Alderperson Manos
RESOLVED, That Section 6 paragraph (e) be added to read as
follows: “That the Institution shall inform the Building
Commissioner at least sixty days in advance of the elimination of
more than twenty-five parking spaces.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
REGULAR AGENDA ITEMS:
Budget and Administration Committee:
17.1 Common Council - Support for Recommended Policy on Removal of
Counseling Memorandum from Employees' Personnel Files
By Alderperson Marcham : Seconded by Alderperson Farrell
WHEREAS, a request was made to the Budget and Administration
Committee to review and clarify the removal process of counseling
memorandum from employees' personnel files, and
WHEREAS, an Ad Hoc Committee reviewed the counseling memorandum
removal process and is recommending the following policy, applying
to all City employees, be reviewed for implementation:
1. A Counseling Memorandum, which is the equivalent of a
warning letter, is an initial step in disciplinary
action and not subject to a grievance procedure.
2. Any City employee may request the removal of Counseling
Memoranda from his or her personnel file after two
working years of active employment with the City from
the date the behavior occurred, provided that no similar
behavior reoccurs during the two-year period. The
employee must make a written request for the
memorandum's removal, addressed to the Director of Human
Resources. The Director of Human Resources must respond
in writing to the employee within 30 working days on the
status of the memorandum's removal;
now, therefore, be it
RESOLVED, That Common Council hereby supports said policy and
recommends its transmittal for review and comment to all parties
involved, including the Human Resource Department, legal
department, City department heads, and City bargaining units.
Carried Unanimously
17.1 Common Council - Approval of Change in City Court Judges'
Hours
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca has two City Court Judges: one
elected, one-half time City Court Judge and one appointed, one-
quarter time Acting City Court Judge, and
WHEREAS, the state changed the City Court Act in 1995 upgrading
the half-time elected position to full time effective until 2001
and reducing the quarter-time position to 1/20 time, said changes
not to become effective until 2002; and
June 3, 1998
14
WHEREAS, the City Attorney's office has been told that the city of
Kingston, which had 6,794 case filings in 1996, compared with
9,691 case filings in the city of Ithaca for the same period,
requested and received special legislation in 1996 implementing
the upgrading of its city judges to one full-time judge and one
quarter-time judge before Kingston was originally scheduled by the
state for upgrade, and
WHEREAS, based on statistics provided to us from the Ithaca City
Court and the New York State Office of Court Administration, it is
clear that there is more than sufficient caseload activity to
require at least a full-time judge and a one-half-time judge; for
example, Cortland will have a full-time and 1/8-time judge with
only 5,611 filings for 1996, and Poughkeepsie will have a full-
time and 3/8-time judge with only 6,936 filings in 1996, and
WHEREAS, the two judges currently holding the positions in the
city of Ithaca, Judge Judith Rossiter and Judge John Rowley, are
currently working hours well in excess of those for which they are
paid in order to meet the requirements and demands of the Court,
based on data received for 1996 and 1997, so that the state and
the city are receiving the benefit of having one and one half
judges, while only paying for 3/4 of a judge, and
WHEREAS, judicial salaries for the Ithaca City Court are funded by
the state through the Office of Court Administration, and OCA has
already recognized the need for extra staffing in our City Court
by approving additional administrative staff for the City Court
Clerk; now, therefore, be it
RESOLVED, That the Ithaca Common Council hereby recommends and
requests that the State amend the City Court Act to authorize the
update of the elected City Court Judge from one-half-time to .625
F/T equivalents, and authorize the upgrade of the appointed Acting
City Court Judge from one-quarter time to .625 F/T equivalents,
effective as soon as is practicable.
Extensive discussion followed on the floor regarding the positions
at City Court.
Amending Resolution
By Alderperson Shenk : Seconded by Alderperson Blumenthal
RESOLVED, That the City of Ithaca requests 2-3/4 time Judges and
this will be recommended to the Office of Court Administration
Judicial Review Committee.
Extensive discussion followed on the floor regarding the
legislation currently before the New York State Legislature.
A vote on the Amending Resolution resulted as follows:
Ayes (1) Shenk
Nays (8) Manos, Sams, Farrell, Vaughan,
Blumenthal, Marcham, Spielholz
Taylor
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (0)
Nays (9) Shenk, Manos, Sams, Farrell,
Vaughan, Blumenthal, Marcham,
Spielholz, Taylor
Motion Failed
June 3, 1998
15
17.2A Common Council - Support of New York State Legislature
S6391-A96642
By Alderperson Manos : Seconded by Alderperson Vaughan
WHEREAS, the City of Ithaca currently has two City Court judges
including an elected one-half time position and an appointed
one-quarter time position, and
WHEREAS, Common Council is aware that the individual previously
held the one-half time elected position, Honorable M. John
Sherman, now Tompkins County Judge, and the person who currently
holds the elected one-half time position, Honorable Judith A.
Rossiter, both need to spend significantly more than 40 hours per
week to meet the requirements of the court based on court activity
so that the City of Ithaca received the benefit of at least one
full-time judicial position in addition to a one-quarter time
position, and
WHEREAS, based on statistics based on caseload activity which have
been compiled by the Ithaca City Court and the New York State
Office of Court Administration it is clear that there is more than
sufficient case load activity to support the argument that there
should be at least one full-time and one one-quarter time judge
for the Ithaca City Court, and
WHEREAS, Common Council is aware that an act has been introduced
into the New York State Legislature which would result in the
Ithaca City Court being served by one full-time judge and an
approximately one-twentieth time acting city court judge, which
law if passed, will effectively decrease the quantity of judicial
presence in the Ithaca City Court, and
WHEREAS, the increase in the position of the elected city court
judge from one half-time to full-time is not according to the
proposed legislation to take effect until the expiration of the
term of office commencing after April 1, 1996, which would be
January 1, 2002, now therefore be it
RESOLVED, That Common Council of the City of Ithaca recommends 1)
That the proposed State legislation be modified to provide that
the Ithaca City Court be served by one full-time elected judge and
in addition by a second appointed judge who would serve at least
one-quarter time so that the judicial needs of the court can be
adequately served, and 2) That the said law on being passed be
effective in 1996 for both positions so that the current existing
needs of the court can be adequately served.
Motion Withdrawn
By Alderperson Manos : Seconded by Alderperson Vaughan
RESOLVED, That this resolution be withdrawn from the table.
Carried Unanimously
Resolution
By Alderperson Manos : Seconded by Alderperson Vaughan
WHEREAS, the City of Ithaca has two City Court Judges: one
elected half-pay position and one appointed quarter-pay position,
both paid for by the State of New York, and
WHEREAS, Common Council is aware that the person holding the
elected position must spend more than 40 hours per week to meet
the requirements of the Court based on the court activity, and
WHEREAS, Common Council is aware that an act has been introduced
into the New York State Legislature (S6391, A9642) to increase
June 3, 1998
16
the elected City Court Judge position to full time effective
immediately, and
WHEREAS, Common Council has previously passed resolutions in 1995
and 1997 in support of making the position full time effective
immediately and in support of increasing the quarter-time
position to half-time, and
WHEREAS, the case load in Ithaca City Court remains comparable to
case loads in Elmira and Binghamton City Courts where full-time
City Court positions have already been approved and funded by the
State; now, therefore, be it
RESOLVED, as follows:
The Common Council of the City of Ithaca recommends that:
1. The New York State Legislature act favorably on S6391
and A9642, thereby making the elected Ithaca City Court Judge
position full time, effective immediately.
2. That the NYS Office of Court Administration and the
State Legislature review respective case loads in City Courts in
1998, and propose and act favorably on legislation to increase
the position of quarter-time judge to half-time within one year,
which position is scheduled to be reduced to Acting City Court
Judge (1/20 time) in 2001.
Ayes (8) Manos, Sams, Farrell, Vaughan,
Blumenthal, Marcham, Spielholz, Taylor
Nays (1) Shenk
Carried
17.3 Finance/Chamberlain - Request for Redemption Extension from
City Tax Sale
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, the property owner at 414 Elmira Road has requested an
additional extension of time for property redemption from the 1994
City Tax Sale for the property at 414 Elmira Road, and
WHEREAS, the Budget and Administration Committee has reviewed the
request and recommends approval of the extension; now, therefore,
be it
RESOLVED, That the existing owner be permitted to redeem the
property at 414 Elmira Road, up to September 1, 1998, for a total
lien amount outstanding, plus additional interest, penalty and
related costs through the date of the redemption.
Carried Unanimously
17.4 Mayor - Approval of Acting Deputy City Prosecutor Salary
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, the Mayor was empowered to appoint an acting Deputy City
Prosecutor at a minimum hourly salary which was done at the May,
1998 Common Council meeting, and
WHEREAS, Robert A. Sarachan was appointed to Acting Deputy City
Prosecutor at a minimum hourly salary rate of $20.96 which was to
be adjusted once an hourly salary range for said position was
established; now, therefore, be it
RESOLVED, That the hourly salary range for the position of Acting
Deputy City Prosecutor be established at $20.96 to $31.02 per
hour, and be it further
June 3, 1998
17
RESOLVED, That Robert A. Sarachan be temporarily appointed to the
position of Acting Deputy City Prosecutor at an hourly salary rate
of $31.02, effective June 4, 1998, and be it further
RESOLVED, That funds necessary for said appointment shall be
derived within the existing 1998 City Prosecutor Budget.
Carried Unanimously
17.5 A Local Law Amending Section 146.7.C.(2) and 146-7.C.(3) of
Chapter 146 entitled “Permit Fees”
By Alderperson Marcham : Seconded by Alderperson Spielholz
LOCAL LAW No. __________ 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:
146-7.C.(2) Permit fees.
(a) Permit fees shall be paid before permit review can commence
according to the following schedule:
Permit Type Fee
Requested inspections outside
normal business hours
(minimum charge, 2 hours in
addition to the permit fee)
$45 [$42.00] per hour
Additional plan review
required by changes,
additions or revisions to
approved plans
$35 [$28.00] per hour (see
146-7.C.(3)
Certificates of occupancy $35 [$28.00] per hour for
each hour of inspection,
review or analysis
Temporary certificates of
occupancy
$35 [$28.00] plus $35
[$28.00] for each hour of
inspection, review or
analysis
Demolition work
Where the value of the
demolition work
Up to $1,000.
$1,001. and above [to
$5,000].
[$25,001. and up]
$12.00
$6 for each $1,000.00 or
fraction thereof over $1,000
[$25]
[$25.00 plus $4.00 for
each $1,000.00 or fraction
thereof over
June 3, 1998
18
Permit Type Fee
25,000.00]
Section 2 The City of Ithaca Municipal Code , 146-7.C.(3) of
Chapter 146 involving fees for the review of amended plans is
hereby amended as follows:
146-7.C.(3) Any amendment to the application or the plans or
specifications upon which the building permit has been issued
must be filed and an amended building permit obtained prior to
the commencement of any work which is either inconsistent with or
in addition to the application or the plans or specifications
upon which the building permit has been issued. If there is an
increase in the value of the project as a result of the
amendment, an additional fee shall be paid for that increase,
based on the fee schedule above. If there is no increase in the
value of the project as a result of the amendment, but additional
plan review time is incurred, an additional fee of $35 [twenty-
eight dollars ($28.)] per hour shall be paid for the additional
plan review time.
Section 3. This law shall take effect immediately upon filing
with the office of the Secretary of State.
Ayes (8) Shenk, Manos, Sams, Farrell,
Blumenthal, Vaughan, Marcham,
Spielholz
Nays (0)
Abstention (1) Taylor
Carried
18. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.3 An Ordinance Amending Zoning Ordinance Sections 325-10 and
325-9 of the City of Ithaca Municipal Code, Regarding the
Accessory Apartment Ordinance and Standards for Special Permits –
Call for Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Farrell
WHEREAS, Common Council of the City of Ithaca will consider an
ordinance that will amend the Accessory Apartment Ordinance and
the standards for special permits, and
WHEREAS, adoption of such an Ordinance is subject to a public
hearing; now therefore be it
RESOLVED, That Ordinance 98-___ entitled "Amending Sections 325-
10 and 325-9 of the City of Ithaca Municipal Code, regarding the
Accessory Apartment Ordinance and Standards for Special Permits,"
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, July 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
June 3, 1998
19
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.
The Ordinance to be considered shall be as follows:
Proposed Revision of Zoning Ordinance Sections 325-10 and 325-9
of the City of Ithaca Municipal Code
ORDINANCE 98- ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follow:
Section 1. Section 325-10.D. of the City of Ithaca Municipal Code
shall be amended as follows:
325.10.D. Requirements. In order to be granted a temporary
permit, the following criteria and requirements must be met:
(1) Owner occupancy required. The owner(s) or contract vendee of
the lot upon which the accessory apartment is located shall
occupy and maintain as a legal full-time residence at least one
(1) of the dwelling units on the premises, except for temporary
absences not to exceed eighteen (18) months in any five-year
period. Longer absences will result in revocation of the
temporary permit, except by approval of the Board of Zoning
Appeals. Owner-occupants must maintain an interest of thirty-
three and one-third percent (33-1/3%) in the property. In
addition, no owner occupant shall occupy an accessory apartment
as his or her primary residence and let the main unit until:
(a) at least one owner occupant has owned and occupied
the main unit in the property after the development of
the accessory apartment for a period of 5 years, or
(b) at least one owner occupant has owned and occupied
the property as a single family dwelling for a period
of 5 years, or
(c) at least one owner occupant has owned and occupied
the property in a combination of occupancy as in
subsection (b) and (c) above that represents a total of
5 years residency.
Section 2. Section 325-10.H of the City of Ithaca Municipal Code
shall be amended as follows:
325-10.H. Standards for the Grant of an Accessory Apartment
Permit. The Board of Zoning Appeals shall use the applicable
standards found in section 325-9.D. of the Municipal Code in
considering the decision to grant or deny an accessory apartment
permit. [Terms. The terms of this section shall be liberally
construed in favor of granting an accessory apartment permit
unless the Board of Zoning Appeals specifically finds that the
granting of the permit would have a negative impact on the
surrounding area.]
Section 3. Section 325-9.D. of the City of Ithaca Municipal Code
shall be amended as follows:
325-9.D. The Board shall deny a special permit in all instances
where it finds that a proposed use would have a significant
negative impact on traffic, congestion, property values,
municipal services, character of the surrounding neighborhood, or
June 3, 1998
20
the general plan for the development of the community. The
granting of a special permit may be conditioned on the effect the
use would have on traffic, congestion, property values, municipal
services or the general plan for the development of the
community. The applicant may be required by the Board to submit
plans for the site and for parking facilities and to disclose
other features of the applicant's proposed use so as to afford
the Board an opportunity to weigh the proposed use in relation to
neighboring land uses and to cushion any adverse effects by
imposing conditions designed to mitigate them. If the Board finds
that the adverse effects cannot be sufficiently mitigated, then
the Board shall deny the special permit.
Section 4. Section 325-10.B.(8). of the City of Ithaca Municipal
Code shall be amended as follows:
(8) Deed restriction. Within thirty (30) days of an accessory
apartment permit, the owner(s) must record at the Tompkins County
Clerk's office a declaration of covenants on the subject
property, with cross-referencing to the original deed, and
provide proof of such recording and cross-referencing to the
Building Commissioner, who may then issue a building permit. The
declaration shall state that the right to use the property as a
two family dwelling [let an accessory apartment] ceases if the
property is not occupied by the owner of this real property for
his or her legal full-time residence as required by section 325-
10.D. of the City of Ithaca Municipal Code. The declaration shall
go on to state that the special permit granted by the Board of
Zoning Appeals expires unless renewed every three years as
required by section 32 5-10.C. of the City of Ithaca Municipal
Code. [upon transfer of title.] The Building Commissioner shall
note the existence of an accessory apartment on the record of the
property.
Section 5. The first sentence of section 325-10.B.(1) of the City
of Ithaca Municipal Code shall be amended as follows with no
changes to the subsequent subsections:
B. Issuance of temporary permit.
(1) Application for an accessory apartment temporary permit
shall be made to the Board of Zoning Appeals in accordance
with the procedures of § 325-40. [325-41C] of this chapter.
Application shall also be made for a recommendation from the
City Planning and Development Board. Applications shall
include the following:
Section 6. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Carried Unanimously
18.4 An Ordinance Amending Zoning Ordinance Sections 325-3 and
325-32 of the City of Ithaca Municipal Code, regarding the
Extension or Enlargement of Nonconforming Structures - Call for
Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Manos
WHEREAS, Common Council of the City of Ithaca will consider an
ordinance that will amend the Zoning Ordinance, and
WHEREAS, adoption of such an Ordinance is subject to a public
hearing; now therefore be it
June 3, 1998
21
RESOLVED, That Ordinance 98-___ entitled " Amending Zoning
Ordinance Sections 325-3 and 325-32 of the City of Ithaca
Municipal Code, regarding the Extension or Enlargement of
Nonconforming Structures," 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, July 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 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.
The Ordinance to be considered shall be as follows:
Proposed Revision of Zoning Ordinance Sections 325-3 and 325-32
of the City of Ithaca Municipal Code
ORDINANCE 98- ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follow:
Section 1. Section 325-3.B. Of the City of Ithaca Municipal Code
shall entitled “Specific Terms and Words” shall be amended to
include the following definitions:
Enlargement-additions to buildings, structures or land with
respect to bulk, mass or other measures regulated by this
ordinance. Enlargements include but are not necessarily limited
to: additional numbers of dwelling units, additional numbers of
unrelated individuals occupying residential buildings, and
projects that physically create additional space attached to a
building or structure.
Extension-to make a greater or expanded use of a property.
This term applies to both uses of structures and to uses of land
and indicates a larger scope of operations on the property,
including projects that physically create additional space
attached to a building or structure. An addition of unrelated
individuals in a residential structure without a physical
addition of space is considered an extension. Extensions also
include a greater use of land or property for the operation of
any aspect of a use.
Section 2. Section 325-32.C. Of the City of Ithaca Municipal Code
shall be amended to include a new subsection 325-32.C.(3). to
read as follows:
325-32.C.(3). A nonconforming structure which is used as
permitted in the district in which it is located cannot be
extended or enlarged by increasing the numbers of unrelated
June 3, 1998
22
individuals residing within such structures or by increasing the
number of dwelling units contained within such structure except
by means of a variance granted by the Board of Appeals; however,
such a nonconforming structure may be extended or enlarged
without the necessity of obtaining such a variance if the
property, in the enlarged or extended condition, will comply with
the parking and the lot size regulations of this chapter for the
particular district in which it is located.
Section 3. That the current section 325-32.C.(3) of the City of
Ithaca Zoning Ordinance shall be renumbered as new section 325-
32.C.(4).
Section 4. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Farrell
RESOLVED, That Section 1 entitled Enlargement be amended to read
as follows: “Enlargement-additions to building, structures or
land with respect to bulk, mass or other measures regulated by
this ordinance. Enlargements include but are not necessarily
limited to: additional numbers of dwelling units, additional
numbers of unrelated individuals occupying residential building,
and projects that physically create additional space or convert
existing space for a different use attached to a building or
structure.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
18.5 Mecklenberg Road Speed Limit Reduction
By Alderperson Blumenthal : Seconded by Alderperson Shenk
WHEREAS, the final report of the Task on Traffic Issues (April 8,
1994) identified Hector Street (Mecklenburg Road, Route 79) as a
gateway street, and
WHEREAS, the Task Force recommended that the City take measures
to improve safety, reduce speed and improve neighborhood quality
along these gateway streets, and
WHEREAS, the Town of Ithaca and the County of Tompkins have
formally requested that the New York State Department of
Transportation (NYSDoT) reduce the speed limit on Route 79 just
west of the city line, and
WHEREAS, the speed limit in that area is now 55 mph, which does
not provide for a gradual transition between the state maximum
limit of 55 mph and the 30 mph city speed limit, and
WHEREAS, the change from 55 mph to 30 mph takes place on a steep
downhill and a sharp turn, and
WHEREAS, this entrance to the City has seen numerous serious
accidents; now, therefore, be it
RESOLVED, That Common Council does hereby formally request that
the NYSDoT reduce the speed on Route 79 west of the City of
Ithaca, and be it further
June 3, 1998
23
RESOLVED, That this resolution be transmitted to New York State
Department of Transportation, Ithaca-Tompkins County
Transportation Council, County of Tompkins and the Town of
Ithaca.
Carried Unanimously
Discussion followed on the floor regarding the possible
installation of a stop sign on Route 79 at Warren Place.
18.6 Southwest Area Land Use Plan - Report
Alderperson Blumenthal reported on the scoping phase of the
Generic Environmental Impact Statement for the Southwest Area
Land Use Plan. A Public Information Session on the environmental
review process was held on May 28, 1998. A scoping session was
held for interested agencies on June 1, 1998. On June 1, 1998
there was also a Public Scoping Session for public input on the
draft outline. Eighteen people commented on the plan and Clough
Harbor is processing their comments. The final soping document
prepared by Clough Harbour will be completed by June 12, 1999 for
distribution to Common Council and subsequent review by the
Planning and Economic Development Committee. The deadline for
submitting written comments is June 8, 1998. Funds for the GEIS
will be requested at the July 1, 1998 Common Council Meeting.
NEW BUSINESS:
Alderperson Marcham reported that Community Service Grants will
be discussed at the Budget and Administration Committee Meeting
on July 16, 1998 from 4:00 – 7:00 P.M. in Council Chambers.
EXECUTIVE SESSION:
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
RESOLVED, That Common Council adjourn into Executive Session to
discuss contract negotiations.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no formal
action being taken.
ADJOURNMENT:
On a motion the meeting adjourned at 11:00 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor