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HomeMy WebLinkAboutMN-CC-2000-03-01 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 March 1, 2000 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos, Farrell, Vaughan, Spielho1z, Taylor, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb Assistant City Attorney – Dunn City Controller – Cafferillo Deputy Controller – Thayer Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Youth Bureau Director - Cohen PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. YOUTH AWARD Alderpersons Vaughan and Blumenthal presented the Distinguished Youth Award to the twelve members of Senior Girl Scout Troop 1107. These young women are students of Ithaca High School and the Alternative Community School, and truly enjoy serving their community. They regularly plan both large and small service projects into their troop program. Two years ago they gave up much of their spring break to create a puppet show for younger children on the dangers of tobacco. They became so involved in this issue, that they attended Common Council meetings where reducing the availability of tobacco products to youth was discussed. Since then, the young women have worked on individual service projects to earn their Silver Awards. This year Troop 1107 has undertaken another major project, the collection of new and gently used books for the Family Reading Partnership’s Big Red Bookshelf. They have been sending out information to all of the Girl Scout troops in the Ithaca/Lansing Service Unit, producing publicity materials, and getting additional support from the church where they hold their meetings. They have also been consolidating donations from four other service units in Tompkins County. Members of the troop are: Charlotte Anderson, Amy Billing, Sarah Booth, Mary Burkhauser, Rachel Clancy, Erin Gillespie, Sonya Harper, Brooke Keeney, Ramona Krikan, Lauren Monroe, Elizabeth Thonney, and Becky Wheelock. March 1, 2000 2 ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Vaughan reported that Item 18.2 – 2000 Census – Resolution will replace the report. Mayor Cohen reported that Item 18.3 – Adult Entertainment Extension of Moratorium is being referred to committee for further discussion. No Council member objected. Human Resources Committee: Alderperson Manos requested the addition of five personnel items to be added under Human Resources Committee. No Council member objected. Neighborhood and Community Issues: Alderperson Taylor requested the deletion of Item 19.2 – Winter Road Maintenance - Report. SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider 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) Resolution By Alderperson Blumenthal: Seconded by Alderperson Hershey RESOLVED, That the Public Hearing be declared open. Carried Unanimously Fay Goughakis stated that there was no public notification regarding this Public Hearing. Resolution By Alderperson Hershey: Seconded by Alderperson Farrell RESOLVED, That the Public Hearing be declared closed. Carried Unanimously In response to public comment, Mayor Cohen explained that the West End Urban Design Plan has been publicly discussed over the past two years and was properly advertised in the Ithaca Journal. MAYOR'S APPOINTMENTS: Mayor Cohen withdrew the appointment of David Nutter to the Bicycle-Pedestrian Advisory Council. Mayor Cohen withdrew appointment of Robin Jenks for to the Affirmative Action Committee. Board of Public Works By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Claudia Jenkins and Mary Gutenberger be reappointed to the Board of Public Works with a term to expire December 31, 2002. Carried Unanimously March 1, 2000 3 By Mayor Cohen : Seconded by Alderperson Hershey RESOLVED, That John Beach be appointed to the Board of Public Works with a term to expire December 31, 2000. Carried Unanimously Affirmative Action Committee By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Rick Ferrel be appointed to the Affirmative Action Committee with a term to expire December 31, 2001. Carried Unanimously RESOLVED, That Brian Wilbur, Satomi Hill, and Winnie Taylor be reappointed to the Affirmative Action Committee with a term to expire December 31, 2001. Carried Unanimously Bicycle-Pedestrian Advisory Council By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Steven Kellerman, David Henderson, and Patricia Frantz be appointed to the Bicycle-Pedestrian Advisory Council with a term to expire December 31, 2002. Carried Unanimously Board of Zoning Appeals By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Renata Ballard be reappointed to the Board of Zoning Appeals (Alternate) with a term to expire December 31, 2000. Carried Unanimously Commons Advisory Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Julie Conley Holcomb, Nancy Lieberman, Jerry Martins, and Gary Ferguson be reappointed to the Commons Advisory Board with a term to expire December 31, 2001. Carried Unanimously Community Police Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Sean Killeen and Jonathan Laskowitz be reappointed to the Community Police Board with a term to expire December 31, 2002. Carried Unanimously Design Review Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Douglas Look and William Downing be reappointed to the Design Review Board with a term to expire December 31, 2002. Carried Unanimously Examining Board of Electricians By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Joseph Kohm be reappointed to the Examining Board of Electricians with a term to expire December 31, 2002. Carried Unanimously Housing Board of Review March 1, 2000 4 By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Charette Wheelis be reappointed to the Housing Board of Review with a term to expire December 31, 2002. Carried Unanimously Ithaca Landmarks Preservation Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Kathleen Foley be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2002. Carried Unanimously RESOLVED, That Steven Somogy and Mary Tomlan be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2002. Carried Unanimously Natural Areas Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Dan Hoffman, Astrid Jirka, Nancy Ramage, and Richard Fischer be reappointed to the Natural Areas Commission with a term to expire December 31, 2002. Carried Unanimously Parks Commission By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Nina Bassuk, Margaret Hobbie, and Anh Look be reappointed to the Parks Commission with a term to expire December 31, 2002. Carried Unanimously Planning and Development Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Kenneth Vineberg be reappointed to the Planning and Development Board with a term to expire December 31, 2002, and, be it further RESOLVED, That Steven Ehrhardt be appointed to the Planning and Development Board with a term to expire December 31, 2000, and Leonardo Vargas-Mendez be appointed as the Board of Public Works liaison with a term to expire December 31, 2001. Carried Unanimously Shade Tree Advisory Committee By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Nina Bassuk, Mary Ellen Rossiter, and Cathy Emilian be reappointed to the Shade Tree Advisory Committee with a term to expire December 31, 2002. Carried Unanimously Youth Bureau Advisory Board By Mayor Cohen: Seconded by Alderperson Hershey RESOLVED, That Sheila Hemami and Joann Kingsley-Wells be reappointed to the Youth Bureau Advisory Board with a term to expire December 31, 2002. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: March 1, 2000 5 Joe Wetmore, Town of Ithaca, spoke about Carpenter Business Park stating that the City will need to be involved in any environmental clean-up of the site. Dick Sharsky, NYSEG, gave an update on the coal-tar remediation procedure on Court and Plain Streets. Mr. Sharsky stated that NYSEG is doing interim remediation, and that if any change in use of the site takes place, NYSEG needs to be notified. David Warrior spoke about the Southwest Area Land Use Plan. He stated he would like a community debate and a poll to be conducted. He stated he is concerned that the fill has not been removed since the Widewaters Ruling, and it should, before a flooding hazard occurs. David Gallahan spoke about development overtaking neighborhood parks, and that past actions have been illegal. Joel Harlan, Town of Dryden, spoke in favor of development in the City. Jennifer Schriber, City of Ithaca, spoke about encouraging growth from within, and that the existing merchants are already vested in the community. David Nutter, City of Ithaca, thanked DPW for a temporary fix of the bike hazard in Collegetown. He further spoke about the lack of sidewalks and bike lanes on Elmira Road, and the Southwest Park EIS traffic impacts. Carolyn Peterson, City of Ithaca, spoke about neighborhood uses of downtown stores for groceries, etc., and that the neighborhoods will suffer if large scale retail stores take over. Becca Harbor, stated that it should be a requirement for Council to tour areas designated for use changes, and asked Council not to rush into Southwest development. Nick Celia, City of Ithaca, spoke about giving kids more freedom and letting them ride bikes on the Commons. He requested an investigation of child protective services. Fay Goughakis, City of Ithaca, spoke about the Southwest Park dGEIS, and that no big box development should be considered at the Widewaters site. Ms. Goughakis reported on a Native American Conference she attended. Tom Barren, Village of Newfield, spoke about Southwest development, and that Council should not rush into development of this area. Erin, City of Ithaca, reminded Council that they are elected officials and that they represent the people of the City and not their own agenda. She stated that Southwest development is not a class issue, and that big box retailers don’t hire management positions locally, they only hire minimum wage positions. March 1, 2000 6 RESPONSE TO THE PUBLIC: Alderperson Hershey thanked Ms. Peterson and Ms. Harbor for specific concerns regarding existing neighborhoods. Alderperson Hershey stated that characterizations that Council is representing the minority is not true, and that there are many Ithacans who are in favor of Southwest development. Alderperson Blumenthal stated that people encourage development privately with Council members often, and that it is unfortunate that they don’t speak publicly. Alderperson Farrell commented that the vast majority of City residents are not in opposition to any development in Southwest Park. Alderperson Glasstetter spoke about the dangers of the construction on College Avenue as people are using the street as a sidewalk. Alderperson Glasstetter further stated that it is unfortunate that the Widewater site is next to a state park,and voiced his concerns regarding how this development will help low-income citizens. Alderperson Spielholz thanked Becca Harbor for her comments, and stated that Elmira Road is a commercial area and is in need of improvement. Alderperson Pryor also thanked Becca Harbor for her comments, and noted that big box stores would compliment the “home grown” stores downtown and not compete with them. Mayor Cohen reported that an order has been issued to the developer at 407 College Avenue instructing them to install a pedestrian walkway adjacent to their site. Mayor Cohen also addressed Carpenter Business Park stating that the City does have a liability of exposure through chain of title for environmental clean-up. Mayor Cohen also stated that there is no mandate to rush the Southwest Development, and that Common Council deserves credit for providing the public ample opportunity to comment. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Pryor announced that the South Hill Civic Association will not be meeting this month. The next meeting will be April 1, 2000 at 10:00 a.m. at South Hill School. Alderperson Manos reminded everyone that there will be a benefit for Mya Thompson on March 3, 2000 from 6:00 – 9:00 P.M. at the Belle Sherman Elementary School. Alderperson Sams introduced her “shadow” students Ainslee Lewis from Groton and Lance Freeman from the City of Ithaca. These young people are involved in the Teens in Office program sponsored by GIAC. Mayor Cohen introduced his “Teen in Office”, Danielle Dent. CONSENT AGENDA ITEMS: 16.1 Youth Bureau – Request to Amend Youth Development Budget – Resolution March 1, 2000 7 By Alderperson Vaughan: Seconded by Alderperson Sams WHEREAS, the Ithaca Youth Bureau will be receiving a $9,500 grant from the Ithaca Housing Authority to expand the Youth Bureau’s One-to-One Big Brothers Big Sisters Program, and WHEREAS, the grant funds will allow for the expansion of mentoring services to residents of the Ithaca Housing Authority’s housing facilities; now, therefore, be it RESOLVED, That Common Council hereby amends the 2000 Authorized Youth Development Budget as follows: Increase Revenue Account: A7310-2070-1206 Contributions for Youth $9,500 Increase Appropriation Accounts: A7310-5120-1206 P/T Seasonal $5,040 A7310-5435-1206 Contracts 3,000 A7310-5440-1206 Staff Development 155 A7310-5460-1206 Program Supplies 800 A7310-9030-1206 Social Security 386 A7310-9040-1206 Workers’ Compensation 119 Carried Unanimously REGULAR AGENDA ITEMS: 17. HUMAN RESOURCES COMMITTEE: 17.1 Request to Amend Youth Bureau Personnel Roster By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the Youth Bureau has a full-time Recreation Specialist position that is split between Recreation Mainstreaming Services (RMS) and General Recreation, and WHEREAS, the Youth Bureau has recently re-evaluated its staffing needs and determined that two half-time positions would better meet the needs of each program, and WHEREAS, it is the desire of the City to accommodate the needs of employees and management to create organizational structure that results in a more efficient and effective workplace, and WHEREAS, that it is Common Councils understanding that the split of the full-time position into two half-time positions will not lead to two full-time positions, now, therefore, be it RESOLVED, That Common Council hereby amends the 2000 Youth Bureau Authorized Personnel Roster as follows: Delete: One (1) Full-time (35 hrs) Recreation Specialist Add: One (1) Half-time (17 1/2 hrs) Recreation Specialist/RMS Add: One (1) Half-time (17 ½ hrs) Recreation Specialist/General Recreation and, be it further March 1, 2000 8 RESOLVED, That the salary savings of $2,759 be utilized for fringe benefits for the new half-time position, and therefore be it RESOLVED, That the amount of $271.00 be transferred from A7310- 5110-01501 and the amount of $2,488.00 be transferred from A7310-5110-01600 to cover fringe benefits. Carried Unanimously 17.2 Request Authorization to Amend Personnel Roster By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the Greater Ithaca Activities Center’s personnel roster includes an Account Clerk-Typist position and WHEREAS, the Greater Ithaca Activities Center has recently reevaluated its front office staffing needs, and WHEREAS, the Greater Ithaca Activities Center has determined that the responsibilities of a Senior Typist better meet the needs of its department, now, therefore, be it RESOLVED, That Common Council hereby amends the 2000 Greater Ithaca Activities Center’s Authorized Personnel Roster as follows: Delete: One (1) Account Clerk-Typist Add: One (1) Senior Typist and, be it further RESOLVED, that $309.00, the difference between the minimum salary for a Senior Typist of $14,869 and the 2000 budgeted amount of $14,560, be transferred from account A7311-5120 to A7311-5110-01100. Carried Unanimously 17.3 Request for Legal Services By Alderperson Manos: Seconded by Alderperson Vaughan WHEREAS, the Mayor intends to appoint Norma W. Schwab, Esq. As City Attorney effective July 1, 2000, and WHEREAS, the City Attorney position has been vacant since January 1, 2000, and WHEREAS, the daily workload of the Attorney’s office warrants legal resources prior to July 1, 2000, and WHEREAS, Common Council set aside $35,000 in restricted contingency for a full-time City Attorney; now, therefore, be it RESOLVED, That the Mayor has authorization to obtain part-time legal services for an amount up to $35,000 until July 1, 2000, and, be it further RESOLVED, That $35,000 be transferred from restricted contingency account A1990 to the City Attorney contract line A1420 5420. March 1, 2000 9 Carried Unanimously 17.4 Request to Set the Salary of Full-Time City Attorney By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the Common council, at a regularly scheduled meeting held on February 2, 2000, increased the position of City Attorney from half-time to full-time, and WHEREAS, the Common Council held the salary of the full-time City Attorney in abeyance until the Management Compensation Study was completed in order to ensure that the salary would be consistent with the management compensation structure, and WHEREAS, the Management Compensation Study was completed on February 28, 2000, and WHEREAS, the City Attorney position is an At Will position appointed by the Mayor, and WHEREAS, the Mayor intends to appoint Norma W. Schwab, Esq. Effective July 1, 2000, and WHEREAS, Norma Schwab has experience in general municipal law specializing in labor relations, environmental law and has direct experience with the City of Ithaca, and WHEREAS, the Management Compensation Study recommendation and the Department of Human Resources have determined that an appropriate salary for the full-time City Attorney is seventy- five thousand ($75,000) dollars per annum based on a forty (40) hour work week; now, therefore, be it RESOLVED, That the salary of the full-time City Attorney is hereby set at seventy-five thousand ($75,000) dollars per annum based on a forty (40) hour work week, and, be it further RESOLVED, That the full-time City Attorney position is assigned to the Management Compensation Plan. Carried Unanimously 17.5 Request to Amend Personnel Roster for Office of the Mayor By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca has been awarded a four year Drug Free Community Support Grant by the U.S. Department of Justice, and WHEREAS, the Drug Free Community Grant provides funding for a Drug Taskforce Coordinator to implement the grant program in partnership with the Ithaca City School District by coordinating and implementing programs designed to keep local youth drug- free, and for coordinating the interaction between collaborating service providers, and WHEREAS, the Civil Service Commission has designated the position of Drug Taskforce Coordinator as a permanent, ¾ time position, and March 1, 2000 10 WHEREAS, it is the understanding of Common Council that this position will only exist during the life of the grant; now, therefore, be it RESOLVED, That Common Council hereby amends the Office of the Mayor’s Authorized Personnel Roster as follows: Add: One (1) Drug Taskforce Coordinator 30 hours and be it further RESOLVED, That the Drug Taskforce Coordinator position is assigned to the Management Compensation Plan at a salary of $17,160. Carried Unanimously 18. BUDGET AND ADMINISTRATION COMMITTEE: 18.1 DPW – Request to Amend City Hall Renovations Capital Project – Resolution By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, Common Council, at its regular meeting of August 4, 1999, authorized a $620,000 Capital Project to renovate the first floor of City Hall and upgrade the electrical and HVAC systems building- wide, and WHEREAS, bids were received and opened for the project on February 17, 2000, which came in over budget, and WHEREAS, City staff and the project architect have reviewed the bids and are recommending a total project cost of $800,000, which includes several additions and changes to the original project as follows: Asbestos Removal $ 20,000 Alternate 1 Canopy Construction (bid) 14,730 Alternate 2 Planter Construction (bid) 17,309 Alternate 3 Fire Door Replacement (bid) 6,314 Furniture and Filing Systems additions 25,600 Construction cost increase (result of bids) 26,424 Increase architect fees for design and Contract administration 29,623 Contingency increase (10% of construction Cost) 40,000 $180,000 and, WHEREAS, City staff agree the project will vastly improve City Hall’s electrical system, HVAC system, first floor public traffic flow, efficiency and appearance, and use of available work space; now, therefore, be it RESOLVED, That Common Council hereby approves an amendment to Capital Project #381 Reconstruction of City Hall in an amount not to exceed $180,000, for a revised maximum project cost of $800,000, and be it further RESOLVED, That the additional financing shall be advanced from the General Fund and later repaid by the issuance of Serial Bonds. March 1, 2000 11 Carried Unanimously 18.2 Common Council – Request for Funds for Census 2000 - Resolution By Alderperson Spielholz: Seconded by Alderperson Sams WHEREAS, as part of the 2000 City of Ithaca budget, $10,000 was included for Census 2000 Activity in the Restricted Contingency Account; and WHEREAS, a request to contract out work and purchase materials for the Census 2000 Project at an estimated cost of $5,000 has been received; now, therefore be it RESOLVED, That Common Council hereby approves an amount not to exceed $5,000 be transferred from Account A1990 Restricted Contingency to Account A1210-5435 Mayor Contracts for the purpose of contracting out the Census 2000 work, and purchasing relevant materials. Carried Unanimously Alderperson Spielholz gave a brief report on the 2000 Census and the importance of getting a complete count from City residents. 19. NEIGHBORHOOD AND COMMUNITY ISSUES COMMITTEE: 19.1 An Ordinance Amending Sections 325-213B(2)(b), 325-23B(2)(c), 325-23B(2)(d), 325-23B(2)(e), and 32523B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti Removal – Call for Public Hearing By Alderperson Taylor: Seconded by Alderperson Blumenthal RESOLVED, That Ordinance No. 00- entitled “An Ordinance Amending Sections 325-213B(2)(b),325-23B(2)(c), 325- 23B(2)(d), 325-23B(2)(e), and 32523B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti Removal, is hereby introduced before the Common Council of the City of Ithaca, New York, and be it 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, April 5, 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 March 1, 2000 12 The Ordinance to be considered shall be as follows: “An Ordinance Amending Sections 325-213B(2)(b),325-23B(2)(c), 325-23B(2)(d), 325-23B(2)(e), and 32523B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti Removal” Ordinance No.00-______ WHEREAS, Common Council of the City of Ithaca wishes to provide for the removal of graffiti within the City; now, therefore, be it BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. Chapter 325, Section 325-23B(2)(b), entitled “Definitions” is hereby amended to include the following definitions: EXTERIOR STRUCTURES -- Include porch areas and the external walls of a building, as well as fences and retaining walls. GRAFFITI -- Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property to the extent that the graffiti was not authorized in advance by the owner or occupant of the property. SECTION 2. Chapter 325, Section 325-23(2)(d) is amended to delete the phrase “porch areas” and replace it with the phrase “exterior structures”. SECTION 3. A new subsection (3) is added to Section 325- 23(2)(d) to read as follows: “[3] That any exterior structures that are defaced with graffiti do not remain so defaced for a period longer than twenty (20) days, provided that if the subject graffiti can reasonably be interpreted as being hateful or derogatory towards any person or any group of persons by virtue of their actual or perceived race, color, religion, age, disability, marital status, sexual orientation, military status, or national origin, then the property owner may request that the city remove the graffiti at no expense to the property owner.” SECTION 4. In order to make Section 325-23B(2)(e) entitled “Responsibilities of agents delegated by property owners” applicable throughout section 325-23B(2), Section 325-23B(2)(e) is hereby amended by deleting “(c)” from the first sentence. SECTION 5. Section 325-23B(3) is hereby amended as follows: In any case in which the city intends to correct a violation of § 325-23B(1) or (2) and then bill the property owner for the correction of the violation, the Building Commissioner or his/her designee shall notify the owner of the property, and, where relevant, the registered agent who has assumed responsibility as March 1, 2000 13 outlined in § 325-23B(2)(e) of this Code, in writing, of any violation of this section. Such notice shall be served in person or by mail to the address appearing on the city tax roll, requiring such person, within a time specified in such notice but in no event less than five days from the service or mailing thereof, to comply with this section and to cause the grass, brush or rubbish to be cut back or removed or if graffiti to have the same removed so as to comply with this section. In the event that graffiti removal is ordered during the winter months then upon receipt of a written request from the property owner or agent within the time specified in the notice for removal, the Building Commissioner may in his or her discretion extend the compliance period. Such notice shall also state that the property owner may contest the finding of the Building Commissioner by making a written request to have a hearing on the matter held at the next regularly scheduled meeting of the Board of Public Works. This written request must be mailed and postmarked or personally delivered to the Building Commissioner within the five-day compliance period, and any such written request for a hearing shall automatically stay further enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the city or the property owner. Upon the failure of such owner to comply with such notice or alternatively to request a hearing as aforesaid within the time limit stated therein, or upon a Board of Public Works determination after a hearing that a violation exists, the Building Commissioner shall refer the matter by memorandum to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owners shall be $25. Bills rendered for such services shall be handled in the manner prescribed by § 331-3 of the Code. 20. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 20.1 Ithaca Commons Year 2000 Capital Project – Initial Items – Resolution By Alderperson Blumenthal: Seconded by Alderperson Vaughan WHEREAS, Renewing the Design of the Ithaca Commons, a report prepared by the Commons Design Review Committee in April 1999, included numerous recommendations for physical improvements and design modifications to The Ithaca Commons and peripheral streets, and WHEREAS, the Common Council recognizes that the recommendations in the report are far-reaching, involving the need to study carefully the short and long term goals of capital spending on The Commons and peripheral streets, and WHEREAS, a year 2000 capital project for Commons improvements for $350,000 was established during the 1999 budget cycle without enumerating specific capital projects to be implemented, and March 1, 2000 14 WHEREAS, a list of proposed initial Commons improvements was proposed by Planning Department staff and consultant in a memorandum dated February 16, 2000, which included renovations to the four pavilions, ($10,000); small maintenance projects on the Primary and Secondary Commons, ($40,000); the purchase and installation of 10-15 pedestal bases for an annual outdoor sculpture exhibition ($20,000); and lighting improvements to the Home Dairy Alley, ($10,000), and WHEREAS, the Common Council recognizes that these initial improvements are a first step towards additional work on The Commons and that subsequent recommendations for the year 2000 capital project will be forthcoming, and WHEREAS, approval of the above list will enable staff to organize improvement work to begin on The Commons this spring, now therefore be it RESOLVED, that the Common Council hereby adopts the list of proposed initial Commons improvements as a component of the year 2000 capital project for Commons improvements. Carried Unanimously 20.2 West End Rezoning (A) 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)- Determination Of Environmental Significance By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the City of Ithaca is proposing a zoning amendment which would create a new zone to be known as the West End Development Zoning District, WEDZ-1, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF) Parts I, II, and III, and WHEREAS, the proposed action is an Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF, prepared by City of Ithaca Planning Staff and dated December 4, 1998 and the LEAF Parts I, II, and III prepared by City of Ithaca Planning Staff and dated December 4, 1998, comments prepared by the City of Ithaca Conservation Advisory Council, comments prepared by the City of Ithaca Planning and Development Board and has determined that the proposed action will not have a significant effect on the environmental; now, therefore, be it March 1, 2000 15 RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth in the Long Environmental Assessment Form Parts I, II and III, 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 for the adoption of this plan is unnecessary, and be it further 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 20.2 (B) 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) By Alderperson Blumenthal: Seconded by Alderperson Farrell ORDINANCE NO. - ____ 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. 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 March 1, 2000 16 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 Off Street Parking Where off street parking abuts the sidewalk, the two areas must be separated by a low wall with or without plantings or a planted hedge. The set back of the wall or hedge must meet the fifteen foot minimum, twenty foot maximum set back requirement for new buildings. The area of the set back shall include a minimum eight foot wide tree lawn, a minimum five foot wide sidewalk and an additional two foot distance between the sidewalk and the wall or hedge. Where a fifteen foot set back is not feasible, an application may be submitted to the Board of Zoning Appeals for a Special Permit to substitute a minimum eleven foot wide sidewalk between the curb and the building façade. 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 March 1, 2000 17 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 – 30 Maximum Building Heights: West End Development Zone – WEDZ-1a, - five stories maximum, two stories minimum. Twelve feet minimum for the first story measured from grade, twelve feet for each additional story, with an additional five feet for cornice allowed. West End Development Zone - WEDZ-1b, - maximum two stories. Twelve feet minimum for the first story measured from grade, twelve feet for second story with an additional five 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 feet or less in width, 100% lot coverage allowed except as required for provision of fifteen foot minimum, twenty foot maximum 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 accommodate pedestrian ways and protection of view corridors designated in the West End Urban Design Plan 1999. The area of the setback must include a minimum eight foot wide tree lawn, a minimum five foot wide sidewalk and a two foot wide distance between the sidewalk and the building. Where a fifteen foot set back is not feasible, an application may be submitted to the Board of Zoning Appeals for a Special Permit to substitute a minimum eleven foot wide sidewalk between the curb and the building façade. The required buffer must include a minimum six foot high solid fence or wall and include a nine foot by twenty foot tree pit planted with a large, tall growing tree species every three parking spaces, or, where there are no parking spaces, every 27 feet. 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 minimum, twenty foot maximum setback from the curb and except as required for March 1, 2000 18 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 area of the set back must include a minimum eight foot wide tree lawn, a minimum five foot wide sidewalk and a two foot wide distance between the sidewalk and the building. Where a fifteen foot set back is not feasible, an application may be submitted to the Board of Zoning Appeals for a Special Permit to substitute a minimum eleven foot wide sidewalk between the curb and the building façade. The required buffer must include a minimum height six foot high solid fence or wall and include a nine by twenty foot tree pit planted with a large, tall growing tree species every three parking spaces, or, where there are no parking spaces, every twenty seven feet. 3. Yard Dimensions Front Yard – None Side Yards – None Rear Yard – 10 Feet Minimum No new structure shall be located nearer than twelve feet to the bulkhead or the bank of the Flood Control Channel, measured at an average high water level, except for those structures directly connected with marine or public or commercial recreation activities. Minimum Height WEDZ-1a – Two Stories or twenty four feet WEDZ-1b - No minimum. One story building must be a minimum of twelve feet high with added pitched roof or equivalent roof element Two Story Minimum: Any building constructed within the minimum two-story height zone shall have a height of at least twenty four 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 twelve 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) 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 March 1, 2000 19 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 fifteen feet (maximum) in height, such as gazebos and rest rooms , which are intended, designed and maintained as amenities for adjacent trails (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 areas must be separated by a low wall with or without plantings or a planted hedge. The set back of the wall or hedge must meet the 15’minimum, 20’ maximum set back requirement for new buildings. The area of the set back shall include a minimum eight foot wide tree lawn, a minimum five foot wide sidewalk and an addition two foot distance between the sidewalk and the wall or hedge. Where a fifteen foot set back is not feasible, an application may be submitted to the Board of Zoning Appeals for a Special Permit to substitute a minimum eleven foot wide sidewalk between the curb and the building façade. 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. Carried Unanimously March 1, 2000 20 20.2(c) An Ordinance Amending the “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the city of Ithaca Municipal Code known as the “West End Zoning District” – Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Hershey RESOLVED, That Ordinance No. 00- entitled An Ordinance Amending The “Official Zoning Map of the City of Ithaca, New York” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code known as the “West End Zoning District” is hereby introduced before the Common Council of the City of Ithaca, New York, and be it 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, April 5, 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. 00____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The Official Zoning Map of the City of Ithaca, New York of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code is hereby amended as follows: The zoning district designation for portions of the certain tracts of land is changed from B-2, Business and B-4 Business, and I-1 Industrial, and M-1, Marine Commercial, to “WEDZ-1, “West End Development Zoning District” as indicated on the map entitled “Proposed West End Development Zoning District, (WEDZ- 1) g Conditions” dated January 2000. The tracts so changed are: the “West End” bounded on the west by the center line of the Flood Control Channel; on the east by the rear property line of properties fronting Meadow Street, to the north at the junction of Meadow and Fulton Streets and to the south, by the center line of Six Mile Creek west of Meadow Street and on the south boundary of the southern most property east of Meadow Street. March 1, 2000 21 Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. 20.3 Department of Planning and Development Year 2000 Work Program - Resolution By Alderperson Blumenthal: Seconded by Alderperson Pryor WHEREAS, the Department of Planning and Development’s proposed 2000 Work Program has been reviewed by the Planning and Economic Development Committee of Council; now, therefore, be it RESOLVED, That the Common Council designates the following as the Department’s priority projects for 2000: ECONOMIC DEVELOPMENT:  Adopt economic development plan.  Continue working with BID director on efforts to strengthen Central Business District and to begin implementation of the 10 year downtown strategic plan.  Continue work on Commons rehabilitation.  Adopt West End zoning amendments.  In cooperation with the private sector, begin implementation of the West End Plan.  Complete alienation of Inlet Island.  In cooperation with the private sector, begin implementation of Inlet Island Plan.  Complete Southwest GEIS process.  Adopt Southwest Area Land Use Plan.  Adopt Southwest area and Elmira Road corridor Design Guidelines.  Complete alienation of Southwest Park.  In cooperation with the private sector, begin implementation of Southwest Plan.  Begin work on providing additional parking for growth in CBD, West State, West End and Inlet Island.  Complete sale of Carpenter Business Park.  Begin development of Cherry Street II.  Develop strategy for enabling growth of high tech sector in corridor from Collegetown to Inlet Island.  Work with private sector to form informal organization of high tech businesses with a goal of assisting the development and growth of these industries. March 1, 2000 22  Investigate the possibility of developing a tax incentive/abatement program for multi-story growth in the City’s central commercial corridor including CBD, West State corridor, West End and Inlet Island.  Review major development projects as submitted. NEIGHBORHOODS AND QUALITY OF LIFE:  Develop city-wide traffic calming program.  Develop programs to promote homeownership, including zoning changes to protect family neighborhoods.  Complete work on Collegetown moratorium, including parking study, urban design study and implementation measures.  Begin planning for a city wide trail system connecting residential neighborhoods and commercial areas to open space, natural areas and regional trail system.  Continue work on acquisition of critical parcels in Six Mile Creek gorge.  Develop plan for new Southwest Park natural area.  Continue work with County on Local Waterfront Revitalization Program.  Begin work on Cayuga Inlet Recreationway after completion of LWRP.  Supervise study of impacts of adult entertainment.  Designate Fire Station 7 as a local historic landmark. MASTER PLANNING:  Begin work on new comprehensive plan, incorporating above ideas. INFORMATION ACQUISITION AND MANAGEMENT:  Continue development of GIS and land-based records system, including improvements to GIS mapping and online GIS capability.  Continue work on automation of City processes such as Capital Programming, site plan review, and environmental review.  Provide staffing for cable refranchising. Amending Resolution By Alderperson Glasstetter: Seconded by Alderperson Sams RESOLVED, That under the Economic Development section of the Year 2000 Work Program the following language be added “Assist with regional planning issues, such as revenue sharing and land use.” Carried Unanimously Alderperson Hershey clarified that the work plan does not authorize the projects. March 1, 2000 23 Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 21. NEW BUSINESS: 21.1 Executive Session By Alderperson Manos: Seconded by Alderperson Spielholz RESOLVED, That Common Council adjourn into Executive Session to discuss bargaining unit contractural items. Carried Unanimously RECONVENE: Common Council reconvened into regular session with no items brought forth. ADJOURNMENT: On a motion the meeting adjourned at 9:35 P.M. _____________________________ _____________________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor