HomeMy WebLinkAboutMN-CC-2000-02-02
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 February 2, 2000
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Sams, Glasstetter, Manos, Farrell
Vaughan, Spielho1z, Taylor, Hershey
EXCUSED:
Alderperson Blumenthal
OTHERS PRESENT:
City Clerk – Conley Holcomb
Assistant City Attorney – Dunn
City Controller – Cafferillo
Deputy Controller – Thayer
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
City Chamberlain – Parsons
Human Resources Director – Michell-Nunn
Community Development Planner – Bohn
Neighborhood & Historic Preservation Planner – Chatterton
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning and Economic Development Committee
Alderperson Pryor requested the deletion of Item 19.5 – Report
on Urban Design Guidelines.
Budget and Administration Committee
Alderperson Vaughan requested the deletion of Item 17.6 –
Collegetown Urban Design Study.
Special Order of Business
Mayor Cohen requested the addition of Item 4.1 - A Public
Hearing on the Draft Design Guidelines of the Southwest Area.
This Public Hearing was legally advertised in the Ithaca
Journal.
Mayor Cohen requested the addition of Item 4.2 – Report of
Stephen Whicher, Tompkins County Division of Asessment Regarding
Year 2000 Revaluation Summary and Analysis Report.
YOUTH AWARD:
Alderpersons Sams and Farrell presented the Distinguished Youth
Award to Tiera Leckey, a Senior at Ithaca High School, who
organized and participated in a can and bottle drive to feed the
homeless. Tiera is also the co-chair of the Ithaca
“Step-Squad”, and helps freshman students get acquainted with
the high school.
PROCLAMATION:
Mayor Cohen presented Immaculate Conception School with a
proclamation in honor of Catholic Schools Week.
February 2, 2000
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SPECIAL ORDER OF BUSINESS:
Public Hearing on Draft Design Guidelines of the Southwest Area
Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to Consider the Draft Design
Guidelines of the Southwest Area be declared open.
Carried Unanimously
Dwight Mengle, Service Development Manager for TCAT, stated that
TCAT is offering staff services to work with the Planning
Department to improve the guidelines as they relate to public
transit. Mr. Mengle would like to provide information on
designing buildings for public transit access, bicycle and
pedestrian circulation systems, waiting areas, shelters, and
transit information access.
Neil Oolie spoke in opposition to the procedure that allows the
second public hearing on the design guidelines to be held on the
same night that the guidelines are voted on.
Tony Ingraham, Town of Ulysses, stated that anything in the
design guidelines that affects the view shed from Buttermilk
Falls should have architecture and colors that are in harmony
with the forest surrounding the views from the park.
Dan Hoffman, City of Ithaca, commented on the Conservation
Advisory Council’s comments forwarded to Council
December 15, 1999.
David Nutter, City of Ithaca, stated that the Bike Plan is
incorrectly described in terms of what streets are involved and
what the priorities are for those streets. The minimum widths
for motor lanes and walkways are hidden instead of being within
the text. There should be striping/stenciling on the 200 block
of Elmira Road for bicycle/pedestrian use until better
facilities on this block are available. Items that need to be
added include separate wheelchair ramps for each direction at
intersections, permanently marked crosswalks, pedestrian
activated walk signals, and no 2-way left turn lanes.
Paul Glover, City of Ithaca, recommended that the design
guidelines require that there be porous paving, that buildings
be well vented, and that the proposed drainage trench have a
child safety fence in place.
Resolution:
By Alderperson Hershey: Seconded by Alderperson Spielholz
RESOLVED, That the Public Hearing to Consider the Draft Design
Guidelines of the Southwest Area be declared closed.
Carried Unanimously
TOMPKINS COUNTY DIVISION OF ASSESSMENT:
Stephen Whicher, Director, Tompkins County Division of
Assessment distributed copies of the Year 2000 Revaluation
Summary and Analysis Report to Common Council and the Mayor.
Mr. Whicher stated that the City of Ithaca property assessments
have increased approximately 22 million dollars.
February 2, 2000
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MAYOR'S APPOINTMENTS:
Tompkins County Area Transit Board
By Mayor Cohen: Seconded by Alderperson Sams
RESOLVED, That Alderperson Joan Spielholz and Alderperson
Paulette Manos be appointed to the Tompkins County Area Transit
Board.
Carried Unanimously
Ithaca Urban Renewal Agency
By Mayor Cohen: Seconded by Alderperson Hershey
RESOLVED, That Alderperson Tracy Farrell be appointed to the
Ithaca Urban Renewal Agency.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Gary Jane, City of Ithaca, spoke in favor of development in the
Southwest Area, as long as there are no safety issues for
pedestrians and residents like there are on the West End.
David Gallahan, City of Ithaca, reported on inadequacies in the
Southwest Area dGEIS – visual resources, water resources,
potential flooding, and increased run-off.
Joel Harlan, spoke in favor of development in Southwest Park.
Daniel Cogan, Town of Enfield, spoke about the potential loss of
business on the Commons as a result of the Southwest Area
development.
Jennifer Schrieber, City Of Ithaca, spoke in opposition to the
city selling waterfront property to retailers.
David Nutter, City of Ithaca, spoke about the Bicycle-Pedestrian
Advisory Council needing liaisons from Common Council, Board of
Public Works, Planning Board, and the Parks Commission. He also
stated that the College Avenue pedestrian hazards still exist;
the traffic calming section of the dGEIS should address bicycle
needs more accurately; and that the traffic analysis in the
dGEIS is misleading
Tony Ingraham, Town of Ulysses, expressed concern about a large
commercial facility at the back of the site owned by Widewaters,
Inc.
Neil Oolie spoke in opposition to the second Public Hearing
being held on the same night as the Southwest Area draft design
guidelines are being adopted.
Joe Wetmore, Town of Ithaca, spoke about “community character”
and that Council needs to seriously consider this, and that the
community spoke loud and clear that they do not want development
in the Southwest Area.
Paul Glover, City of Ithaca, spoke about the “no build” option
which is the largest omission in the Southwest Area dGEIS.
Marty Blodgett, City of Ithaca, read a statement from David
Gallahan regarding land use and zoning regarding the dGEIS.
February 2, 2000
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RESPONSE TO THE PUBLIC:
Alderperson Spielholz thanked the public for their comments.
Alderperson Hershey spoke about the linkage and connectivity
that is needed to downtown Ithaca. He stated that “big box”
stores would compliment downtown businesses and not compete with
them. He further stated that the guidelines should have
enforceable requirements. He further mentioned that there are
many people who have approached him in favor a development in
the Southwest area.
Alderperson Pryor stated that there are many people in favor of
development who have not appeared at the hearings.
Mayor Cohen stated that Common Council may table an issue to
address substantive comments.
CONSENT AGENDA ITEMS:
16.1 Chamberlain – Request to Make Correction to 2000 City
Tax Roll
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, Staff has realized that a bill for work performed by
the Water Department in the amount of $399.45 was incorrectly
charged to the property owner of 108 W. Falls Street, and
WHEREAS, the bill should have been charged to the property owner
of 128 W. Falls Street; now, therefore, be it
RESOLVED, That the Common Council hereby authorizes the City
Chamberlain to correct the 2000 City tax roll by removing the
$399.45 Water Department bill from the first City tax
installment for the property owner of 108 W. Falls Street and
adding the charge to the second City tax installment for the
property owner of 128 W. Falls Street.
Carried Unanimously
16.2 Youth Bureau – Request to Amend Youth Development
Budget for Grant
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the Ithaca Youth Bureau has been notified that it will
be receiving $7,109 from the Ithaca City School District through
the Federal Twenty First Century Grant – A Bridge Across
Cultures, and
WHEREAS, the funds will be used to support and expand the work
that has been done in partnership with the Beverly J. Martin
Elementary School, which involves the development of community
learning centers at Enfield Elementary School, BJM and the
DeWitt Middle School; now, therefore, be it
RESOLVED, That the 2000 Authorized Youth Development Budget be
hereby amended as follows:
Increase Revenue Account:
A7310-3820-1203 State Aid Special Projects $7,109
February 2, 2000
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Increase Appropriation Accounts:
A7310-5120-1203 P/T Seasonal $4,873
A7310-5435-1203 Contracts 548
A7310-5460-1203 Program Supplies 1,200
A7310-9030-1203 Social Security 373
A7310-9040-1203 Workers’ Compensation 115
Carried Unanimously
16.3 Youth Bureau – Request to Amend Alex Haley Pool Budget
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, Youth Bureau staff has requested that to correctly
reflect the cost of providing maintenance staff at the Alex
Haley Pool, the Hourly P/T Seasonal account needs to be
increased by $3,200; now, therefore, be it
RESOLVED, That the 2000 Authorized Alex Haley Pool Budget be
hereby amended as follows:
Increase Appropriation Accounts:
A7310-5120-1526 Hourly P/T Seasonal $3,200
A7310-9030-1526 Social Security 245
A7310-9040-1526 Workers’ Compensation 55
Decrease Appropriation Accounts:
A7310-5410-1526 Utilities $2,000
A7310-5495-1526 Treatment Supplies 1,500
Carried Unanimously
16.4 Human Resources - Environmental Analyst – Assignment of
Bargaining Unit - Resolution
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, Common Council created the position of Environmental
Analyst of January 5, 2000, and
WHEREAS, the position of Environmental Analyst needs to be
assigned to a bargaining unit and allocated to a salary grade,
now therefore be it
RESOLVED, That the position of Environmental Analyst is assigned
to the CSEA Administrative Unit bargaining unit at Grade 17.
Carried Unanimously
REGULAR AGENDA ITEMS:
17. BUDGET AND ADMINISTRATION COMMITTEE:
17.1 Chamberlain – Request to Adjust City Tax Bill
By Alderperson Vaughan: Seconded by Alderperson Farrell
WHEREAS, the property owners of 635 W. State Street have
Requested that a $4,230.40 water bill be removed from there
2000 City First Installment taxes that had been added due
to non-payment, and
WHEREAS, the current property owners would like to pay the
outstanding water bill in installments, including applicable
interest, through the miscellaneous bill account, and
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WHEREAS, both City staff and the B & A Committee have reviewed
the request and agree to allow the water bill to be removed from
the City tax bill; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the City
Chamberlain to remove the $4,230.40 water bill from the City
First Installment tax bill for the property owners at 635 W.
State Street, and be it further
RESOLVED, That said water bill shall be set up in the
miscellaneous bill account and paid in installments, with
applicable interest, by the property owners until the bill is
satisfied.
Carried Unanimously
17.2 Chamberlain – Request to Delegate Authority to City
Chamberlain for Assessment Corrections
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the City receives requests, periodically, from the
Tompkins County Assessment Office that errors have occurred on
the tax rolls, and the City is required to approve the tax roll
changes unless it is determined that the County Assessment
Director was incorrect on his assumptions that an error
occurred, and
WHEREAS, a Council resolution approving the tax roll corrections
has been needed for each error and correction, and
WHEREAS, Real Property Tax Law now allows Council to delegate
the approval authority for corrections up to $2,500 by use of
monthly reports, and
WHEREAS, the City Chamberlain has requested that Council
delegate its authority for the tax roll corrections to her for
those corrections within Real Property Tax Law limits; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the City
Chamberlain to review and process tax roll corrections for the
City of Ithaca up to a per-correction value of $2,500, and be it
further
RESOLVED, That the City Chamberlain will distribute to Common
Council a monthly report reflecting all tax roll corrections
made during the period.
Carried Unanimously
17.3 Police Department – Request to Establish Phase II of Meter
Replacement Project – Possible Resolution
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the Common Council at its regular meeting of February
3, 1999 established a multi-year Capital Project to replace the
City’s 1,000 parking meters, and
WHEREAS, a revised cost estimate to replace all 1,000 meters is
$312,000, at 200 meters a year over five years, with Phase I of
the project complete at a cost of $52,200, and
February 2, 2000
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WHEREAS, the parking meters will be of the latest technology and
parking meter revenue will help to offset the cost of the total
project, and
WHEREAS, there is discussion of eliminating meters in some parts
of the downtown business district, and
WHEREAS, the annual cost, including financing, will be $65,000 a
year, which beginning in 2000 will be requested as part of the
Capital Project Review process; now, therefore, be it
RESOLVED, That meters in the downtown business district will be
replaced only if defective and wholesale replacement of meters
in and around the downtown business district will not occur
until a metered parking policy for the downtown business
district has been examined and resolved, now, therefore be it
RESOLVED, That Common Council hereby amends the authorization
for Capital Project #377 Parking Meter Acquisition by an amount
not to exceed $65,000 for a total project authorization of
$117,200 for Phase II of the five phase parking meter
acquisition project, and be it further
RESOLVED, That the funds necessary for said acquisition shall be
derived from the advance of General Fund monies to be later
repaid by the issuance of Serial Bonds.
Carried Unanimously
17.4 DPW – Request to Reauthorize Code Compliance Capital
Project
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the City established a $1,297,400 Capital Project for
code compliance improvements and changes in City buildings
during 1997, and
WHEREAS, the work has progressed slowly, but very economically
by using existing City staff, and
WHEREAS, this approach has the advantage of improved staff
morale resulting from new training, job diversity, some
additional overtime opportunities and increased pride of
ownership from the actually improved building systems, and
WHEREAS, the statutory construction limit on capital
construction is three years from the date of issue, which is up
in February, 2000, and
WHEREAS, the City Engineer’s Office is estimating that
approximately $170,000 in code improvements will take place
within the period February, 2000 to August, 2000, and
WHEREAS, Staff is recommending to reauthorize the code
compliance project, which has a current balance of $617,000,
including water and sewer code work, for an additional three
years; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Controller’s
Office to establish a new project comprised of the following
Capital Projects:
February 2, 2000
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#345 Code Compliance Reconstruction $500,000
#507 Code Compliance Reconstruction Water 57,000
#607 Code Compliance Reconstruction Sewer 60,000
and be it further
RESOLVED, That Common Council hereby directs the City Controller
to abandon and pay off the current code compliance projects and
re-establish the above projects in an amount not to exceed
$617,000 for purposes of completing the City Building code work
started in 1997, and be it further
RESOLVED, That funds needed for said projects shall be advanced
by the General Fund and later repaid by the issuance of Serial
Bonds.
Carried Unanimously
17.5 Planning Department – Authorize Mayor to Sign Contract for
Potential Impact of Adult Entertainment in the City
By Alderperson Vaughan: Seconded by Alderperson Taylor
WHEREAS, in December, 1999, Common Council allocated $10,000 to
the Planning Department from the Unrestricted Contingency
account for a study to be conducted of the possible deleterious
impacts of adult entertainment in the city, and
WHEREAS, a report would be prepared which would assist Common
Council in amending the City’s Zoning Ordinance to control such
uses, and
WHEREAS, the Planning Department, after performing an
informal RFP, has determined that Robert Penna can perform said
study at a cost of $5,500; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Mayor to
sign a contract with Robert Penna to perform a study of the
possible impacts of adult entertainment in the city at a cost
not to exceed $5,500.
Alderperson Spielholz spoke in opposition to expending these
funds. Alderperson Spielholz stated that she felt that there is
enough information available and that the current City Code
provisions are sufficient.
Mayor Cohen responded by stating that a study has been deemed by
the Courts as a necessary step for a municipality to take in
order for any restrictions on adult entertainment to be upheld.
A vote on the Resolution resulted as follows:
Ayes (7) Pryor, Manos, Sams, Farrell,
Vaughan, Hershey, Taylor
Nays (2) Spielholz, Glasstetter
Carried
February 2, 2000
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19. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
19.1 An Ordinance Amending Sections 325-5, of Chapter 325
entitled “Zoning” of the City of Ithaca Municipal Code,
regarding changes in certain areas of existing zoning
designations from B-2, B-4 (Business Districts), I-1,
(Industrial District) and M-1 (Marine Commercial District) as
applicable to West End Development Zoning District (WEDZ-1) -
Call for Public Hearing
By Alderperson Pryor: Seconded by Alderperson Farrell
RESOLVED, that Ordinance No. 99-___ entitled “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”, regarding Changes in certain areas of
existing zoning designations from B-2, B-4 (Business District),
I-1 (Industrial District) and M-1 (Marine Commercial District)
as applicable to West End Development Zoning District (WEDZ-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 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, March 1, 2000,
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
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. - ____
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, CHAPTER 325, ENTITLED "ZONING" TO CHANGE THE ZONING
DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA AND TO
ESTABLISH APPROPRIATE DISTRICT REGULATIONS.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 325, Section 325-4 of the Municipal
Code of the City of Ithaca be amended to create a new zoning
district to be known as the West End Development Zoning
District, (WEDZ-1)
Section 1. Declaration of Legislative Findings and Purpose
The Common Council finds that this Ordinance:
1. Will guide development in this area of the City for
the purpose of creating a visually appealing mixed use
district, including retail, office and residential
uses.
February 2, 2000
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2. Will provide a measure of protection to traditional
residential neighborhoods east of Meadow Street.
3. Will improve conditions for pedestrians and
bicyclists.
4. Will improve the character of and access to the
waterfront 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 B2, B4, (both
Business), I1, (Industrial) and M1 (Marine Commercial District)
as applicable to West End Development Zone, (WEDZ-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 WEDZ-1 district as follows:
Permitted Primary Uses
West End Development Zone - WEDZ-1a
1. Any use permitted in B-4.
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.
West End Development Zone - WEDZ-1b
1. Any Primary Use permitted in B-2a
Permitted Accessory Uses
West End Development Zone - WEDZ-1a
1. Any Accessory Use permitted in B-4
2. Boat fuel dispensing.
3. Snowmobile sales, service, rental in conjunction with boat
sales, rental or service.
West End Development Zone - WEDZ-1b
Permitted Accessory Uses
1. Any Accessory Use permitted in B-2a
Off-Street Parking Requirements
West End Development Zone - WEDZ-1a
1. None
West End Development Zone - WEDZ-1b
1. Same as B-2a
February 2, 2000
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Off Street Parking
Where off street parking abuts the sidewalk, the two must be
separated by a low wall with or without plantings or a planted
hedge. The set back of the wall or hedge must as close as
feasible to the set back of adjacent buildings. If parking and
sidewalk are separated by a low wall, the wall must be no less
that three feet and no greater than four feet high. A hedge
planting may be substituted if the planting area is at least
four feet wide. The hedge shall be no less that three feet and
no greater than four feet high.
Off-Street Loading Requirements
West End Development Zone - WEDZ-1a
1. None
West End Development Zone - WEDZ-1b
1. Same as B-2a
Area In Square Feet
West End Development Zone - WEDZ-1a
1. 3,000
West End Development Zone - WEDZ-1b
1. Same as B-2a
Width in Feet at Street Line
West End Development Zone- WEDZ-1a
1. 30
West End Development Zone - WEDZ-1b
1. Same as B-2a
Width in Feet at Waterfront
1. 30
Maximum Building Heights:
West End Development Zone – WEDZ-1a, - five stories maximum, two
stories minimum.
Twelve to fifteen feet for the
first story measured from grade,
twelve feet for each additional
story, with an additional 5 feet
for cornice allowed.
West End Development Zone - WEDZ-1b, - maximum two stories.
Twelve to fifteen feet for the first story measured from
grade, twelve feet for second story with an additional 5 feet
for cornice allowed. One story building must have added
pitched roof or equivalent roof element.
Maximum percent lot coverage by buildings
1. On parcels of fifty (50) feet or less in width, 100% lot
coverage allowed except as required for provision of fifteen
foot setback from the curb, and except as required for rear
yard and except as required for a buffer where the commercial
zone abuts the residential zone and except as required to
February 2, 2000
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accommodate pedestrian ways and protection of view corridors
designated in the West End Urban Design Plan 1999. The
required fifteen foot setback must include a minimum eight
foot tree lawn, a minimum five foot wide sidewalk and a two-
foot distance between the sidewalk and the building. The
required buffer must include a minimum height 6’ solid fence
or wall and include a 9’ x 20’ tree pit planted with a large,
tall growing tree species every 27’ or the equivalent of three
parking spaces, whichever is less.
2.On parcels with three or more boundaries greater than fifty
(50) feet, 90% lot coverage allowed except as required for
provision of for provision of fifteen foot setback from the curb
and except as required for rear yard and except as required for
a buffer where the commercial zone abuts the residential zone
and except as may be required for provision of pedestrian ways
and protection of view corridors designated in the West End
Urban Design Plan 1999. The required fifteen-foot setback must
include a minimum eight-foot tree lawn, a minimum five-foot wide
sidewalk and a two-foot distance between the sidewalk and the
building. The required buffer must include a minimum height 6’
solid fence or wall and include a 9’ x 20’ tree pit planted with
a large, tall growing tree species every 27’ or the equivalent
of three parking spaces, whichever is less.
3. Yard Dimensions
Front Yard – None
Side Yards – None
Rear Yard – 10 Feet Minimum
No new structure shall be located nearer than twelve (12)
feet to the bulkhead or 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.
Minimum Height
WEDZ-1a – Two Stories or 24 feet
WEDZ-1b - No minimum. One story building must be a minimum of
12 feet high with added pitched roof or equivalent
roof element
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.
One Story Building
Any building constructed within the permissible one story
height zone shall have a one habitable story of at least 12
feet with an added pitched roof or equivalent roof element.
(Refer to Code of the City of Ithaca, Chapter 325, Zoning
Section 325-3B., Definitions and work usage, HABITABLE SPACE,
NONHABITABLE SPACE, STORY, PUBLIC SPACE)
February 2, 2000
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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 WEDZ-1 district:
(1) No building shall be erected that is less than two
stories or greater than five stories in any of the areas
designated WEDZ-1a on the map entitled “Proposed West End
Development Zoning District (WEDZ-1) Existing
Conditions” dated November 1998, a copy of which is on
file in the Ithaca City Clerk’s Office.
(2) No building shall be erected that is greater than two
stories in any of the areas designated WEDZ-1b on the map
entitled “Proposed West End Development Zone (WEDZ-1)
Existing Conditions” dated November 1998, a copy of which
is on file in the Ithaca City Clerk’s Office.
(3) 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.
(4) 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
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 (-) (-) (-) to read as follows:
“(1) Notwithstanding anything contained herein to the
contrary, there will be no off-
street parking requirements in the WEDZ-1a district.
"(2) Notwithstanding anything contained herein to the
contrary, where off street parking abuts the sidewalk
in the WEDZ-1a or WEDZ-1b districts, the two must be
separated by a low wall with or without plantings or a
planted hedge. The set back of the wall or hedge from
the curb must be as close as feasible to the set back
of adjacent buildings. If parking and sidewalk are
separated by a low wall, the wall must be no less that
three feet and no greater than four feet high. A
hedge planting may be substituted if the planting area
is at least four feet wide. The hedge shall be no
less that three feet and no greater than four feet
high.
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.
February 2, 2000
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19.2 FY 1997 Canal Corridor Initiative – $50,000 Deferred Loan
to Marina Realty of Ithaca, LLC
By Alderperson Pryor: Seconded by Alderperson Vaughan
WHEREAS, Marina Realty of Ithaca, LLC (MRI) proposes to
undertake a redevelopment project on Inlet Island expected to
create 90 full-time equivalent (FTE) jobs through the
construction of a restaurant and other commercial activities,
and
WHEREAS, on August 14, 1997 the City of Ithaca secured a
preliminary commitment for market rate Section 108 loan
guarantees for the MRI project from the U.S. Department of
Housing and Urban Development (HUD) through the FY 1997 Canal
Corridor Initiative (CCI) program, and
WHEREAS, on August 14, 1997 the City of Ithaca was further
awarded Section 108 grant funds through the CCI program totaling
$700,000 for various eligible activities associated with
redeveloping the Cayuga Inlet waterfront, including a waterfront
promenade along Inlet Island, and
WHEREAS, on March 8, 1999 the Common Council authorized
submission of an $800,000 Section 108 loan application on behalf
of Marina Realty of Ithaca, LLC, and
WHEREAS, on August 2, 1999 the City’s Section 108 loan
application received funding approval from the U.S. Department
of Housing & Urban Development, and
WHEREAS, MRI calculates a project funding gap of approximately
$650,000 based upon initial construction bids received by
December 3, 1999, and
WHEREAS, IURA staff met with MRI on December 3, 1999 and
reviewed financial aspects of the project and concluded it will
be difficult for the project to support significant additional
private debt due to cash flow and collateral issues; and
WHEREAS, after instituting cost-cutting measures, MRI reported a
$400,000 project funding gap remaining as of December 21, 1999,
and
WHEREAS, MRI proposes to fill the funding gap from the following
sources:
additional equity: $200,000
increased bank loan: $100,000
City/IURA financial assistance: $100,000, and
WHEREAS, completion of the MRI project will serve as a catalyst
for the physical and economic revitalization of Inlet Island in
accordance with The Inlet Island Urban Design Plan, and the
Tompkins County Waterfront Plan and
WHEREAS, completion of the MRI project will result in the
creation of expansion of the local tax base and creation of 90
FTE jobs, and
February 2, 2000
15
WHEREAS, creation of 90 FTE jobs associated with the MRI
project, the majority of which will be available to low- and
moderate-income persons, makes the construction of the public
waterfront promenade an eligible use with Section 108 grant
funds, and
WHEREAS, completion of the MRI project will result in
improvement of public land within the Taughannock Boulevard
right-of-way for public parking to serve the public waterfront
promenade thereby benefiting the community, and
WHEREAS, as a condition of financial assistance, MRI has agreed
to operational requirements that include MRI maintenance of the
public parking area located within the Taughannock Boulevard
right-of-way, public use of the restaurant’s privately-owned
parking area at no charge, and public access along the Barge
Canal waterfront located on the restaurant parcel, and
WHEREAS, in consideration of the public benefits accruing from
project completion, the IURA voted on December 21, 1999 to
approve a loan to MRI of up to $50,000 from the Community
Development Revolving Loan Fund to participate in closing one-
half of the estimated project funding gap, and
WHEREAS, at their December 21, 1999 meeting, the IURA
recommended that the Common Council approve providing an
additional $50,000 in financial assistance to MRI from the
$700,000 of Section 108 grant funds awarded to the City as part
of the 1997 Canal Corridor Initiative program, now, therefore,
be it
RESOLVED, that the Common Council hereby approves a deferred
loan from the FY 1997 Section 108 grant funds to Marina Realty
of Ithaca, LLC to help close the $400,000 funding gap for the FY
1997 CCI restaurant/marina project per the following terms:
maximum loan amount: $50,000
use of funds: eligible non-construction costs
term: 60 months
interest rate: 0%
repayment: deferred, providing compliance with
project requirements, principal balance
to be due and payable upon sale of the
property or default.
security: unlimited personal guarantees of
Stephen B. Flash, Chris B. Purdy and
Mark Campagnolo, and be it further
RESOLVED, that the deferred loan agreement include provisions
obligating MRI to maintain public parking located within the
Taughannock Boulevard right-of-way at no cost to the City, allow
City vehicles to turn around on MRI property, make the entire
parking area on the restaurant site available for public parking
at no charge, and indemnify and hold harmless the City regarding
public parking maintained by MRI, and be it further,
RESOLVED, that the IURA Chair, upon the advice of the Director
of Planning & Development and City Attorney, is hereby
authorized to execute all necessary and appropriate documents to
implement this resolution.
February 2, 2000
16
Discussion followed regarding funding breakdowns, favoritism of
restaurants, and promenade improvements.
Alderperson Manos questioned why the City is offering a loan
when MRI is experiencing financial difficulties.
CD Planner Bohn explained that this loan is secured by personal
guarantees of the principles of MRI. The City is not relying on
the collateral value of the property or the restaurant for this
loan.
Alderperson Farrell stated that a tax abatement is not being
considered tonight. What is being considered is a loan from the
IURA for business development.
Alderperson Taylor expressed the same concerns as Alderperson
Manos.
A vote on the Resolution resulted as follows:
Carried Unanimously
19.3 (A) Subdivision and Disposition of Surplus Portion of
Parcel 43-1-4 - Determination of Environmental Significance –
Resolution
By Alderperson Pryor: Seconded by Alderperson Farrell
WHEREAS, the City of Ithaca intends to make the surplus portion
of parcel 43-1-4 available for private sector development by
transferring the surplus portion of the parcel to the IURA for
disposition to a qualified and eligible sponsor, and
WHEREAS, that Common Council of the City of Ithaca previously
declared itself lead agency for the subdivision and disposition
of the surplus property of parcel 43-1-4, and
WHEREAS, the proposed action is an unlisted action under the
City Environmental Quality Review Act (CEQR Sec. 176-12B), and
WHEREAS, appropriate environmental review has been conducted
including the preparation of an Environmental Assessment Form
(SEAF), and
WHEREAS, the Common Council for the City of Ithaca, acting as
Lead Agency, has reviewed the EAF, dated 11/12/99, prepared by
Nels Bohn, Community Development Planner, 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 Environmental Assessment Form dated
November 12,1999, and, be it further
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 further
February 2, 2000
17
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.
Ayes (8) Pryor, Manos, Sams, Farrell,
Vaughan, Taylor, Spielholz,
Hershey
Abstentions(1) Glasstetter
Carried
19.3 (B) SUBDIVISON OF PARCEL 43.-1-4 AND CONVEYANCE OF SURPLUS
PORTION TO THE IURA FOR DISPOSITION – RESOLUTION
By Alderperson Pryor: Seconded by Alderperson Manos
WHEREAS, the City of Ithaca acquired parcel 43-1-4 on Inlet
Island in 1967 as part of the Cass Park purchase, and
WHEREAS, The Report of the Inlet Island Land Use Committee
(1992) and The Inlet Island Urban Design Plan (1998) recommend
that the non-waterfront portion of the property be made
available for private sector development, and
WHEREAS, the City of Ithaca intends to retain a small portion of
parcel 43-1-4 for construction of a public waterfront promenade
along the Flood Control Channel, and
WHEREAS, the City of Ithaca is nearing completion of the
alienation and conversion process to allow parcel 43-1-4 to be
used for non-park uses, and
WHEREAS, the City has completed an environmental review for the
subdivision and disposition of the surplus portion of the parcel
and declared the non-waterfront portion of the parcel as surplus,
and
WHEREAS, the IURA is authorized to acquire and dispose of
property in accordance with Sections 506 and 507 of General
Municipal Law to a qualified and eligible sponsor, and
WHEREAS, disposition of the surplus portion of tax parcel 43-1-4
to the IURA for redevelopment to construct a multi-story
building will implement The Inlet Island Urban Design Plan, now,
therefore be it
RESOLVED, that the Common Council does hereby authorize
subdivision of tax parcel 43.-1-4 to create a surplus parcel for
disposition that excludes land area necessary for construction
of a public waterfront promenade trail, and be it further
RESOLVED, that the Common Council does hereby authorize
conveyance of the surplus portion of tax parcel 43.-1-4 to the
Ithaca Urban Renewal Agency (IURA) for disposition to an
eligible and qualified sponsor for site redevelopment in a
manner consistent with both The Inlet Island Urban Design Plan
and The Urban Renewal Plan, and be it further
RESOLVED, that the IURA’s evaluation of proposals received to
purchase and redevelop the parcel shall include, but not be
limited to, the following criteria:
February 2, 2000
18
1. highest purchase price;
2. quality and feasibility of the proposed project and its
consistency with The Inlet Island Urban Design Plan;
3. creation and retention of quality employment opportunities and
strengthening of the local tax base;
4. agreement to undertake any necessary environmental site
remediation;
5. qualifications and ability of proposed sponsor to complete the
project in a timely manner, and be it further
RESOLVED, that the IURA shall reserve the right to reject any
and all proposals, and
RESOLVED, that any purchase agreement for the property with an
eligible and qualified sponsor is contingent upon Common Council
endorsement, and be it further
RESOLVED, that any final conveyance of property to an eligible
and qualified sponsor is contingent upon completion of the park
land alienation and conversion process, and be it further
RESOLVED, that any net proceeds from the sale of the parcel
shall be returned to the City, and be it further
RESOLVED, that any expenses associated with the IURA
subdividing, holding and disposing the property on behalf of the
City shall be borne by the City, and be it further
RESOLVED, that the Mayor, upon review by the City Attorney and
the Director of the Department of Planning & Development, is
hereby authorized to sign any and all instruments necessary to
accomplish subdivision of tax parcel 43.-1-4 and the conveyance
of the surplus portion of tax parcel 43.-1-4 to the IURA.
Carried Unanimously
19.4 Common Council – Support for adoption by the New York
State Legislature of Real Property Tax Incentives for Home
Ownership and Conversion of Multiple Unit Dwelling to Single
Family or Duplex
By Alderperson Pryor: Seconded by Alderperson Taylor
WHEREAS, the Home Ownership Task Force was appointed and
charged by the Mayor with exploring strategies to increase home
ownership and owner occupancy in the City of Ithaca, and
WHEREAS, the Task Force has considered legislation proposed
by the City of Fulton for adoption by the New York State
Legislature to provide tax abatements for owner occupants who
purchase newly constructed homes, and for owner occupants who
convert multiple unit dwellings to single family dwelling or
duplexes, and
WHEREAS, the City of Ithaca experiences unusually high
percentages of rental properties compared to percentages of
owner occupied dwellings, and
WHEREAS, it is likely that many older residential
properties will become less marketable in the near future due to
recent and planned construction of new student housing on and
nearby the Cornell campus, and
February 2, 2000
19
WHEREAS, the enactment of enabling legislation to provide
such tax abatements would address the following goals:
Stabilize and improve the visual character and livability
of city neighborhoods through increased owner occupancy
Provide an incentive for rehabilitation and conversion to
prevent deterioration of older rental properties and
weakening of the visual character of downtown
neighborhoods.
Improve residential properties, stabilize neighborhoods and
in the long run, reduce tax burdens for property owners
throughout the city; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council supports
the enabling legislation proposed by the City of Fulton to
enable municipalities to provide a real property tax incentive
to increase owner occupancy and promote conversion of multiple
unit dwellings, with added provisions specified by the Home
Ownership Taskforce as follows:
The program should not be restricted to first time
Homebuyers
Stabilization of neighborhoods depends in part on a
diverse mix of family income levels, and therefore, tax
incentives should be made available to all income groups
Eligibility for tax incentives should be expanded to also
include conversion of rental properties to owner occupied
duplex and three-unit buildings
and, be it further,
RESOLVED, That the Common Council directs the City Attorney's
office to communicate this action by letter to the New York
State Conference of Mayors with an official copy of this
resolution attached.
Carried Unanimously
20. HUMAN RESOURCES COMMITTEE:
20.1 City Prosecutor – Request to Amend Budget and Authorized
Roster – Resolution
By Alderperson Manos: Seconded by Alderperson Spielholz
WHEREAS, the Office of the City Prosecutor has received $72,600
in Federal Grant Funds through the Violence Against Women Act
from Tompkins County, and
WHEREAS, the grant received in December, 1998 is being used for
domestic violence prosecution and was originally scheduled to be
completed by June 7, 2000, and
WHEREAS, the temporary full-time Deputy City Prosecutor will be
leaving City employment on February 10th, and the Prosecutor’s
Office has requested and received permission from Tompkins
County to extend the grant to December 31, 2000 by allowing the
new temporary full-time Deputy City Prosecutor work between 24
and 40 hours a week; now, therefore, be it
RESOLVED, That Common Council hereby approves the extension of
the grant to December 31, 2000, and be it further
February 2, 2000
20
RESOLVED, That Marcia Cunningham shall hereby be assigned to the
temporary full-time Deputy City Prosecutor position, not to
exceed 40 hours a week, at an annual salary of $40,000,
effective February 7, 2000, and be it further
RESOLVED, That the Authorized Personnel Roster shall be
temporarily amended to include two (2) Temporary F/T Deputy City
Prosecutor positions for the period February 7, 2000 to February
10, 2000 to allow for training to take place during the
transition period, and be it further
RESOLVED, That the Personnel Roster and any Budget amendments
shall be only for the duration of the grant period and not to
exceed December 31, 2000, and if said grant is not renewed, the
Personnel Roster and related budget shall revert back to the
current status.
Carried Unanimously
20.2 City Attorney’s Office – Request for Title Change from
“Legal Associate” to “Associate Attorney” - Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
WHEREAS, the title “Legal Associate” does not accurately reflect
that the position is an attorney position, and
WHEREAS, the title “Legal Associate” has led to confusion in the
legal community and the general public because it is a title
often used for paralegals, and
WHEREAS, this title change affects only the position title; it
entails no change whatsoever in the job description, duties,
remuneration, or anything else concerning the position, and
WHEREAS, said title change was approved by the Civil Service
Commission on January 18, 2000 and the Position Review Committee
on January 25, 2000; now, therefore be it
RESOLVED, That the title of “Legal Associate” in the Office of
the City Attorney is hereby renamed “Associate Attorney”.
Carried Unanimously
20.3 Request to Increase the Position of City Attorney from
Part-Time to Full-Time - Resolution
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, the workload of the City Attorney’s Office has
significantly increased due to a general increase in litigation
and to several large ongoing projects, and
WHEREAS, it is inefficient and organizationally ineffective for
a part-time attorney to supervise three full-time employees and
to fulfill the administrative responsibilities required to run a
department, and
WHEREAS, hiring outside counsel is not an economically or
administratively feasible way to address the increased workload
of the office, and
WHEREAS, in order to improve the accessibility of the City
Attorney for Common Council, the Mayor, the Departments, now,
therefore be it
February 2, 2000
21
RESOLVED, That the City Attorney position be increased to a
full-time position, and be it further
RESOLVED, That the assignment of a salary for the full-time City
Attorney be held in abeyance until the Management Compensation
Study is complete and has been approved by Common Council to
ensure the salary is consistent with the management compensation
structure.
Carried Unanimously
20.4 City of Ithaca Internal Position Review Process -
Resolution
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, Common Council created and has annually reauthorized a
Position Review committee consisting of a representative from the
Budget and Administration Committee, a representative from the
Human Resources Committee, and the Mayor, and
WHEREAS, the Position Review Committee was established to review
all requests to fill vacancies, changes in position titles or
grade levels or work hours, and
WHEREAS, the Position Review Committee met every other week along
with the Controller and the Director of Human Resources to review
all requests, and
WHEREAS, the inefficiency of this process warrants improvement,
and
WHEREAS, the Affirmative Action Advisory Subcommittee plays a
vital role in the City’s commitment to workforce diversification,
and
WHEREAS, Position review is within the purview of the Human
Resources Department, now, therefore be, it
RESOLVED, That all requests must meet the following criteria –
have budget authorization, be in compliance with contract
provisions, be consistent with the City workforce diversification
initiatives, and be evaluated as necessary, and be it further
RESOLVED, That all requests shall be forwarded to the Human
Resources Director who will meet on a regular basis with the Mayor
and the controller to review said requests, and be it further
RESOLVED, That the Human Resources Committee will review all
requests that have policy or budget impacts, and be it further
RESOLVED, That all position review actions will be reported to
Common Council on an ongoing basis and, be it further
RESOLVED, That the Position Review Committee is disbanded, and be
it further
RESOLVED, That the Affirmative Action Advisory Subcommittee
(AAAS) shall continue to exist and will consist of the Common
Council liaison to the Affirmative Action Advisory Committee,
the Director of Human Resources and the Mayor, and be it further
February 2, 2000
22
RESOLVED, That the department head or designee work with the
Director of Human Resources to develop an outreach strategy
whenever a department head is contemplating filling a position
and, be it further
RESOLVED, That whenever a Department Head has a choice of job
candidates that includes members of one or more protected
classes, the department head shall not hire a candidate who is
not a member of a protected class unless the department head has
first received approval to do so from the AAAS, and be it
further
RESOLVED, That whenever a department head is contemplating
filling a position through the transfer of an external candidate
in lieu of through a civil service list, the department head
shall not hire the transfer candidate unless the department head
has first received approval to do so from the AAAS.
Carried Unanimously
REPORT OF COUNCIL LIAISONS:
Alderperson Spielholz reported that she is the City’s liaison to
the Tompkins County Complete Count Team for the 2000 census.
She will provide more information about the census efforts at a
future date.
Alderperson Sams introduced two students, Aislinn Lewis and
Lance Freeman, who she is mentoring for the Teens in Office
Program.
Mayor Cohen announced that the dedication of Cecil Malone Drive
will take place on February 9, 2000 at 12:00 p.m.
ADJOURNMENT:
On a motion the meeting adjourned at 9:25 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor