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