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HomeMy WebLinkAboutMN-CC-1999-11-03 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 November 3, 1999 PRESENT: Mayor Cohen Alderpersons (9) Shenk, Sams, Blumenthal, Marcham, Hershey Manos, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys City Controller – Cafferillo Deputy Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur Youth Bureau Director – Cohen Recreational Manager - Doyle Alderperson-Elect - Pryor EXCUSED: Alderperson Farrell PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the September 1, September 16, September 29, 1999 Common Council Meetings By Alderperson Vaughan: Seconded by Alderperson Taylor RESOLVED, That the Minutes of the September 1, September 16, September 29, 1999 Common Council meetings be approved as published. Carried Unanimously Approval of the Minutes of the October 6, October 7, October 18, 1999 Common Council Meetings By Alderperson Vaughan: Seconded by Alderperson Taylor RESOLVED, That the Minutes of the October 6, October 7, October 18, 1999 Common Council meetings be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Mayor Cohen requested the addition of Item 21.1 - Postponement of December Common Council Meeting – Resolution, and Item 21.2 - Staffing of City Attorney’s Office - Discussion. No Council member objected. November 3, 1999 2 SPECIAL ORDER OF BUSINESS: 4.1 Public Hearing to Consider an Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325, Section 325-4 “Zoning” to Change the Zoning Designation of Certain Areas of the City from M-1 (Marine commercial District) and B-4 (Business) as applicable to Waterfront Zoning District (WF-1), Amending the Official Zoning Map Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Manos RESOLVED, That the Public Hearing to Consider an Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325, Section 325-4 “Zoning” to Change the Zoning Designation of Certain Areas of the City from M-1 (Marine commercial District) and B-4 (Business) as applicable to Waterfront Zoning District (WF-1), Amending the Official Zoning Map be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing By Alderperson Shenk: Seconded by Alderperson Vaughan RESOLVED, That the Public Hearing to Consider an Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325, Section 325-4 “Zoning” to Change the Zoning Designation of Certain Areas of the City from M-1 (Marine commercial District) and B-4 (Business) as applicable to Waterfront Zoning District (WF-1), Amending the Official Zoning Map be declared closed. Carried Unanimously 4.2 A Public Hearing to Consider an Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, Amending the District Regulations Chapter to Correct an Error in Ordinance 98-30, which Amended Home Occupation Regulations. Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Manos RESOLVED, That the Public Hearing to Consider an Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, Amending the District Regulations Chapter to Correct an Error in Ordinance 98-30, which Amended Home Occupation Regulations be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Vaughan RESOLVED, That the Public Hearing to Consider an Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, Amending the District Regulations Chapter to Correct an Error in Ordinance 98-30, which Amended Home Occupation Regulations be declared closed. Carried Unanimously YOUTH AWARD: Alderpersons Hershey and Taylor presented the November Youth Award to 34 students of Fall Creek School who serve on the Fall Creek School Children’s Playground Committee. The children have been involved in fund raising, and designing the playground. It will be the first playground in Ithaca to be fully accessible to physically handicapped children. The award recipients include November 3, 1999 3 Lucas Gagnon, Soraya Leathers, Jonah Wall Crawford, Calvin Zehnder, Nicole D’Aprix, Sophia Potter, Jesse Reynolds, Emily Sullivan, Liam Cody, Elias Spector-Zabusky, Ty Lantz-Subteiny, Nicole Rogers, Jocelyn Sawyer, Katya Hutnik, Hannah Nymark MacDonald, Dacid McBean, Tiffany Hall, Sam O’Mara, Sophia Hutnik, Alex Ehrhardt, Lily Cederbaum, Michelle MacLeod, Meghan Wood, Antal Spector-Zabusky, Megan Kearns, Theresa Riswick, Amy Somogy, Katelyn Bacon, Rachel Bondra, Jenny Fitzgerald, Casey Gray, Ben Lanz-Subteiny, Joey Morrison and Annalee Murphy. COMMUNICATIONS FROM THE CITY CLERK: City Clerk Conley Holcomb read the following statement prepared by the Ithaca Urban Renewal Agency: The City of Ithaca is required by the U.S. Department of Housing and Urban Development (HUD) to annually report on its progress in implementing its Community Development Block Grant (CDBG) Program. The annual report, known as the Performance Assessment Report (PAR) is available for public comment. The city has prepared a PAR for its CDBG funded programs of 1993, 1995, and 1996 (3-year comprehensive grant) and 1997. These reports outline the activities funded by each grant and measure their respective performances. Copies of the PAR are available for review from November 16 to November 19, 1999 in the City’s Community Development Office, Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Citizens should comment in writing to the address above before 4:30 P.M. on November 19, 1999. These comments will be forwarded to HUD. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan addressed Council regarding “smart growth” happening on the college campuses and not downtown. Mr. Harlan also offered congratulations to the newly elected officials. Steve Paisley, Montour Falls, voiced his opposition to the City requirement that licensed electricians perform all electrical work in the City. Faye Gougakis, City of Ithaca, offered congratulations to the newly elected officials, and voiced concerns regarding development in Southwest Park, Inlet Island, and crime. David Nutter, City of Ithaca, addressed Council regarding the unresponsiveness of the Board of Public Works to the numerous resolutions that have been passed by the Bicycle Pedestrian Advisory Council in regards to the Bike Plan. RESPONSE TO THE PUBLIC: Mayor Cohen responded to comments made regarding electrical licenses, Southwest Park development, and Mr. Harlan’s display of free speech. November 3, 1999 4 REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works: Vice Chair Ehrhardt reported on the following items: Auburn Street Park – Assistant Superintendent for Streets and Facilities will update the Board of Public Works next week. Franklin & Short Streets – Traffic calming design due next week. Bicycle Plan – The Board of Public Works will forward Council a set of written recommendations. The Board of Public Works will be returning the Bicycle Plan to the Bicycle-Pedestrian Advisory Council to obtain their recommendations on how to proceed with a plan that does not remove parking from city streets. Alderperson Shenk voiced her disagreement with the Board of Public Works recommendation. Mayor Cohen made a recommendation to forward this item to the November 10, 1999 Community Issues Meeting for further discussion by Common Council members. Board of Fire Commissioners Cynthia Yahn reported that there will be a Public Haring on Place of Assembly Permits and Fire System Testing on November 17, 1999 at 7:30 P.M. at the Fire Department Training Center, 200 Pier Road. Communications From The Mayor: Mayor Cohen introduced his mother to Common Council. Mayor Cohen reflected on the recent election, and expressed his desire to have Common Council join together in the spirit of cooperation to complete the work ahead of them. CONSENT AGENDA ITEMS: 16.1 Youth Bureau – Request to Amend Personnel Roster For Outing Program By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, a member of the Youth Bureau Outing Program staff has requested to temporarily reduce her weekly hours from 35 hours to 28 hours, and WHEREAS, by temporarily increasing the weekly hours of a different Youth Bureau Outing staff, the Youth Bureau can honor the request without significantly impacting services; now, therefore, be it RESOLVED, That the Authorized Youth Bureau Personnel Roster be temporarily amended as follows: Reduction of Hours – 1 Youth Development Program leader (Outing Program – Monica Bosworth) from 35 hours to 28 hours per week, effective November 8, 1999 through April 29, 2000 Increase Hours – 1 Youth Development Program leader (Outing Program – Jim D’Alterio) from 35 hours per week to 40 hours per week, effective November 8, 1999 through April 29, 2000 Carried Unanimously November 3, 1999 5 16.2 DPW – Request to Amend DPW Budget for Grant – Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, the Board of Public Works has been notified by the New York State Department of Environmental Conservation that the City will be receiving a $7,500 Grant for the Citizen Pruner Video Project; now, therefore, be it RESOLVED, That Common Council hereby amends the 1999 DPW Budget for said DEC Grant as follows: Increase Revenue Account: A7111-3989 Parks & Forestry State Aid $7,500 Increase Appropriation Account: A7111-5435 Contractual Services $7,500 Carried Unanimously 16.3 DPW – Request to Approve Aid to Localities Authorization for Parks and Forestry Grant – Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, the City of Ithaca, herein called the “Municipality,” after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the State Contract, herein called the “Project” is desirable, in the public interest, and is required in order to study and/or implement the local project or program, and WHEREAS, under Chapter 53, Section 1 and 2, of the Laws of 1998 relating to the Local Assistance Budget, the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement, and WHEREAS, the Municipality has examined and duly considered Chapter 53, Section 1 and 2, of the Laws of 1998 relating to the Local Assistance Budget and deems it to be in the public interest and benefit under this law to enter into a contract therewith: NOW, THEREFORE, BE IT RESOLVED BY COMMON COUNCIL 1. That the Superintendent of Public Works is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information as may be required; 2. That one (1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract; 3. That this Resolution take effect immediately. Carried Unanimously November 3, 1999 6 REGULAR AGENDA ITEMS: 18. BUDGET AND ADMINISTRATION COMMITTEE: 18.1 Adoption of 2000 Budget – Resolution By Alderperson Marcham: Seconded by Alderperson Hershey WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2000 as approved by the Budget and Administration Committee, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues as set forth in said Amended Executive Budget for 2000, and as those amounts may be altered by action of this Common Council at its November 3, 1999 meeting, are adequate for the operation of the City during 2000; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2000, together with any additional changes made in said budget at Council’s November 3, 1999 meeting, as the City of Ithaca Budget for 2000, in the total amount of $37,273,663, and be it further RESOLVED, That the following sections of the 2000 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Joint Activity Fund Appropriations E) Solid Waste Fund Appropriations F) General Fund Revenues G) Water Fund Revenues H) Sewer Fund Revenues I) Joint Activity Fund Revenues J) Solid Waste Fund Revenues K) Debt Retirement Schedule L) Capital Projects M) Schedule of Salaries and Positions – General Fund N) Schedule of Salaries and Positions – Water & Sewer Fund O) Schedule of Salaries and Positions – Joint Activity Fund P) Schedule of Salaries and Positions – Solid Waste Fund Q) Authorized Equipment – General Fund R) Authorized Equipment – Water Fund S) Authorized Equipment – Sewer Fund T) Authorized Equipment – Joint Activity Fund U) Authorized Equipment – Solid Waste Fund Discussion followed regarding ensuring that future funding for handicapped accessible playgrounds be made contingent upon the area surrounding the playground equipment being handicapped accessible as well. November 3, 1999 7 Amending Resolution: By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That a Capital Expense be added to the Year 2000 Budget consisting of a one-ton pick-up truck equipped with a snowplow for use at Cass Park with a cost not to exceed $28,000.00 Ayes (6) Sams, Shenk, Spielholz, Marcham, Vaughan, Blumenthal Nays (3) Hershey, Taylor, Manos Carried Alderperson Spielholz stated that the Recreation Partnership did not approve the extension of hours at Cass Park Pool, as the other municipalities had already approved their budgets. Alderperson Hershey thanked City Controller Cafferillo, Deputy City Controller Thayer, and Alderperson Marcham for their hard work in preparing the city budget. Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 18.2 Adoption of 2000 Tax Rate – Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the 2000 City of Ithaca Budget was approved, adopted and confirmed in the total amount of $37,273,663 on November 3, 1999, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $29,523,723, leaving $7,749,940 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2000, certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $816,149,545, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $17,634,192 for 2000; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2000, be, and the same hereby is, established and fixed at 9.4955 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2000 Tax Roll, thereby making a total tax levy, as near as may be, of $7,749,940, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of 9.4955 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to November 3, 1999 8 such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $37,273,663 be appropriated, in accordance with the Budget adopted, to the respective Boards, Offices and Departments of the City, for the purposes respectively set forth therein. The 2000 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property 1,942,478,857 Less: Value of Exempt Property 1,147,023,700 795,455,157 Plus: Value of Special Franchises 20,694,388 Net Value of Taxable Property $816,149,545 Carried Unanimously Mayor Cohen voted Affirmatively 18.3 DPW/Fire Department – Request Funds for Y2K Activity – Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the Department of Public Works and the Fire Department have examined their Year 2000 activity and have determined that the following items are needed to make critical items Year 2000 compliant and/or prepare for the year 2000: Fire Department ICT power supply to interface to Maxtrac Mobile radio $ 776 DPW external power source for fuel pump system 2,400 DPW portable emergency lights/generator 2,400 DPW temporary signage 1,800 and, WHEREAS, these items were not part of the Year 2000 Project and will need to be funded from the Year 2000 Restricted Contingency Fund; now, therefore, be it RESOLVED, That Common Council hereby approves the transfer of an amount not to exceed $7,376 from account A1990 Restricted Contingency to the following accounts: A3410-5477-12050 $ 766 A5010-5475 2,400 A3311-5483 1,800 A5111-5483 400 A1620-5225 2,000 Carried Unanimously November 3, 1999 9 18.4 DPW – Request to Amend Authorized Personnel Roster and Budget – Resolution By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, Common Council at its July 7, 1999 regular meeting approved the Transit System Supervisor position and deleted one Bus Driver position for TCAT, and WHEREAS, the Bus Driver position was incorrectly deleted and needs to be re-established as the Bus Driver position is fully funded in the 1999 TCAT Budget; now, therefore, be it RESOLVED, That Common Council hereby amends the Authorized DPW Personnel Roster as follows: Add: One (1) Bus Driver And be it further RESOLVED, That the 1999 DPW Budget be amended to reflect the Transit System Supervisor position as follows: Increase Revenue Account A5630-2261 Transit Program Reimbursement $5,000 Increase Appropriation Account A5630-5110 Staff Salaries $4,358 A5630-9010 Retirement 88 A5630-9030 Social Security 334 A5630-9040 Workers’ Comp. 220 Carried Unanimously 18.5 DPW – Assignment of Bargaining Unit – Supervisor of Electrical Services – Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz RESOLVED, That the position of Supervisor of Electrical Services, which was created by Common Council on September 1, 1999, is assigned to the CSEA Administrative bargaining unit, at Grade 16. Carried Unanimously 18.6 Finance/Controller – Request Approval of 1999 NYS Retirement Incentive Program Participants – Executive Session - Resolution By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the City enacted Local Law #4, August 4, 1999, adopting the 1999 Retirement Incentive Program (Chapter 70, Laws of 1999), and WHEREAS, the applicable departments and the City Controller have carefully evaluated the effects of targeting the following positions, and have developed a plan that demonstrates a minimum of 50% savings in the replacement employee’s base salary over the two years following the retirement of the eligible employees, and WHEREAS, based on such examination, and subject to operational adjustments and considerations recognized in concept as a part of this resolution, departments have determined that in each November 3, 1999 10 instance services and related supervision can be provided on a reasonable basis, should the employees involved in the following targeted positions exercise their option to retire during the authorized open period; now, therefore, be it RESOLVED, That the following positions and incumbent employees be targeted for inclusion in the 1999 Targeted Retirement Incentive Program (Chapter 70, Laws of 1999): Fiscal Manager, DPW, Streets & Facilities, Pamela Applegarth Custodian, DPW, Streets & Facilities Harry E. Austin Bus Driver, Peter Dzikiewicz Truck Driver, DPW, Solid Waste Division, Roger Rose Bus Driver, Edward J. Shipman and be it further RESOLVED, That the memorandum dated October 27, 1999 is accepted, in concept, to indicate the operational changes set forth by the applicable departments in the interest of continuing a consistent level of service and related supervision, each subject to future Common Council action where required. Carried Unanimously Alderperson Marcham stated that the next Budget and Administration Committee Meeting will be held on Thursday, November 18, 1999. She further stated that the minutes from the five October budget meetings are scheduled for approval at the December 8, 1999 Common Council Meeting. 20. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 20.1 An Ordinance Amending Section 325-4, of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, regarding an error in the language of and additions to Ordinance 99-11, Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, that correction to errors in the language and additions to Ordinance No. 99-11 entitled “An Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325, Section 325-4 ‘Zoning’ to Change the Zoning Designation of Certain Areas of the City from M-1 (Marine Commercial District) and B-4 (Business) as Applicable to Waterfront Zoning District (WF-1)”, 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 amendment to the ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, at 7:00 p.m. on Wednesday, December 8, 1999 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 public hearing, and be it further November 3, 1999 11 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 shall be as follows: ORDINANCE NO. 99- ____ An Ordinance Amending Section 325-4, of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, regarding errors in the language and additions to Ordinance 99-11. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Declaration of Legislative Findings and Purpose The Common Council finds that this Ordinance: 1. Will help to create greater public access to the waterfront. 2. Will guide development in this area of the City for the purpose of creating a unique waterfront experience. 3. Allows the City to enhance the value of waterfront property in this area of the City. 4. Allows the City to create an area on the water having multi-story buildings intended for mixed use. 5. Will protect and enhance views of the waterfront and surrounding areas for public enjoyment. 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 M-1 (Marine Commercial District) and B-4 (Business) as applicable to Waterfront Zoning District (WF-1), portions of which are shown on attached map. Section 3. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district regulations for the new WF-1 district as follows: Permitted Primary Uses 1. Any use permitted in B-2. 2. Parking Lot. 3. Recreational or cultural facility such as a park, playground, art museum, fishing pier or yacht club. 4. Public Recreation. 5. Boatel. 6. Sale, rental, repair or storage of marine related recreation equipment such as boats, marine engines, sails, cabin equipment. 7. Light manufacture of marine recreation related products involving substantial hand fabrication such as sails, boat hulls, cabin fittings. November 3, 1999 12 Permitted Accessory Uses 1. Home occupation. 2. Boat fuel dispensing. 3. Snowmobile sales, service, rental in conjunction with boat sales, rental or service. 4. Signs as permitted by Sign Ordinance. Off-Street Parking Requirements – None Off-Street Loading Requirements – None Area in Square Feet – 3,000 Width in Feet at Street Line – 30 Width in Feet at Waterfront – 30 Maximum Building Heights: Waterfront – WF1a, no building allowed. Waterfront –WF1b, one story, 12 - 15 feet with an additional 5 feet for cornice allowed. Waterfront – WF1c, minimum two stories, maximum three [3] stories, not to exceed a height of thirty eight (38) feet. Waterfront – WF1d, minimum three stories, maximum five (5) stories, not to exceed a height of 63 feet. (Refer to Code of the City of Ithaca, Chapter 325, Zoning, §325- 3.B., Definitions and word usage, HEIGHT OF BUILDING) Maximum percent lot coverage by buildings 1. On parcels of fifty (50) feet or less in width, 100% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors. 2. On parcels with three or more boundaries greater than fifty (50) feet, 90% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors. Yard Dimensions Front Yard – None Side Yards – None Rear Yard – 10 Feet Minimum No new structure shall be located nearer than forty (40) feet to the bulkhead or to the bank of the Flood Control Channel, measured at an average water level, except for those structures directly connected with marine or public or commercial recreation activities. No new structure shall be located nearer than twelve (12) feet to the bulkhead or to the bank of the Cayuga Inlet, measured at an average water level, except for those structures directly connected with marine or public or commercial recreation activities. November 3, 1999 13 Minimum Height WF1a – 0 feet WF1b – 12 feet WF1c – 24 feet WF1d – 36 feet Two Story Minimum: Any building constructed within the minimum 2-story height zone shall have a height of at least 24 feet and have two habitable stories covering 75% or more of the footprint of the building. Three Story Minimum: Any building constructed within the minimum 3-story height zone shall have a height of at least 36 feet and have three habitable stories covering 75% or more of the footprint of the building. As an alternative within this zone, a building may satisfy the minimum height requirement if 75% of the building over its footprint is at least 36 feet in height and has two or more habitable stories. (Refer to Code of the City of Ithaca, Chapter 325, Zoning, §325- 3.B., Definitions and word usage, HABITABLE SPACE, NONHABITABLE SPACE, STORY, PUBLIC SPACE) Section 4. 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 to read as follows: “Notwithstanding anything to the contrary contained herein, in the WF-1 district: (1) No building shall be erected in any of the areas designated WF1a on the map entitled “Proposed Waterfront Zoning District (WF-1) Existing Conditions” dated September 1999 a copy of which map is on file in the Ithaca City Clerk’s Office. (2) No building shall be erected that is greater than one story in the area designated WF1b on the map entitled “Proposed Waterfront Zoning District (WF-1) Existing Conditions” dated September 1999, a copy of which is on file in the Ithaca City Clerk’s Office. (3) No building shall be erected that is less than two stories or greater than three stories in any of the areas designated WF1c on the map entitled “Proposed Waterfront Zoning District (WF-1) Existing Conditions”, dated September 1999, a copy of which is on file in the Ithaca City Clerk’s Office. (4) No building shall be erected that is less than three stories or greater than five stories in any of the areas designated WF1d on the map entitled “Proposed Waterfront Zoning District (WF-1) Existing Conditions” dated September 1999 a copy of which is on file in the Ithaca City Clerk’s Office. (5) The restrictions contained in this section shall not apply to buildings less than 15 feet (maximum) in height, which are intended, designed and maintained as amenities for adjacent trails such as gazebos and rest rooms. (6) The restrictions contained in this section 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 altered so as November 3, 1999 14 to make the buildings non-compliant with the restrictions of this subdivision. Section 5. 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, there will be no off-street parking requirements in the WF-1 district. Section 6. 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 7. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Alderperson Blumenthal stated that the GEIS will be released next week, and that additional meeting will be scheduled in the near future. 20.2(A) An Ordinance Amending section 325-8 “District Regulations” of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, amending an error in the language of Ordinance 98-30 which amended the regulation of home occupations--Declaration of No Significant Environmental Effect By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, an Ordinance amending section 325-8 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, regarding District Regulations. WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is a Type I action under the City Environmental Quality Review Ordinance, (CEQR) and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated September 30, 1999 and be it further RESOLVED, that this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, that this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously November 3, 1999 15 20.2 (B) An Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, amending the District Regulations Chart to correct an error in Ordinance 98-30. By Alderperson Blumenthal: Seconded by Alderperson Hershey ORDINANCE 99-12 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: The City of Ithaca Municipal Code, Section 325-8, of Article II, “Zoning Districts”, entitled “District Regulations”, is hereby amended as follows: Under the R-3 zoning district, col. 3, “Permitted Accessory Uses” of the District Regulations Chart, add the following: 1. Any accessory use as permitted in R-2. 2. Private garage for 4 or more cars. 3. Neighborhood parking area subject to regulations of § 325-20 (B). This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously NEW BUSINESS: Postponement of December 1999 Common Council Meeting By Alderperson Vaughan: Seconded by Alderperson Blumenthal WHEREAS, the City of Ithaca, Town of Ithaca, Tompkins County, Ithaca College, Cornell University, Cayuga Medical Center, Bangs Ambulance and other emergency service providers will be participating in an Integrated Emergency Management Training Course in Emmitsburg, Maryland, to learn how to provide a coordinated response to a natural disaster, or man made emergency, and WHEREAS, Mayor Cohen, Alderperson Vaughan, Alderperson Spielholz, City Clerk Holcomb, and several other department heads and staff members will be attending this training from November 29, - December 3, 1999; now, therefore, be it RESOLVED, That the December 1, 1999 Common Council meeting be postponed until December 8, 1999. Carried Unanimously City Attorney Position City Attorney Geldenhuys spoke in favor of changing the City Attorney’s position from part-time to a full-time position. Money has been placed in restricted contingency if this change is approved by Common Council. City Attorney Geldenhuys noted that she will be stepping down from the position effective December 31, 1999 to dedicate more time to her private practice. City Attorney Geldenhuys detailed the difficulties she has encountered as a part-time department head supervising three November 3, 1999 16 full-time employees. She further reported that there has been a significant increase in the number of meetings the Attorney must attend, as well as increases in the number of litigation cases, arbitrations, administrative hearings, and real-estate transactions in recent years. This item was referred to the Budget and Administration Committee Meeting for further review. ADJOURNMENT: On a motion the meeting adjourned at 8:17 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor