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HomeMy WebLinkAboutMN-CC-2000-10-04 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. October 4, 2000 PRESENT: Mayor Cohen Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos, Farrell, Vaughan, Spielho1z, Taylor, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab Assistant City Attorney – Dunn City Controller – Cafferillo Planning and Development Director – Van Cort Superintendent of Public Works – Gray Police Chief – Basile Fire Chief - Wilbur City Chamberlain – Parsons Human Resources Director – Michell-Nunn Acting Building Commissioner – Radke Assistant Superintendent of Public Works - Fabbroni PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. YOUTH AWARD: Alderpersons Sams and Farrell presented the Distinguished Youth Award to twenty-five children in the Northside Neighborhood for planting flowers on 12 corners on the North side of the City. Under the leadership and direction of Cornell Cooperative Extension, 4-H, the Cornell Ithaca Partnership, and a $3,500.00 Robert S. Smith grant from the Tompkins County Trust Company, children in the Northside neighborhood and the Sprout 4-H’ers transformed 12 street corners into beautiful colorful blooming gardens. The beautification project was headed up by volunteers to work with the 25-30 children ranging from 6-12 years of age. MINUTES: Approval of August 2, 2000 Regular Common Council Meeting Minutes: By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That the August 2, 2002 Regular Common Council Meeting Minutes be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget & Administration Committee: Alderperson Vaughan requested the addition of an Executive Session to Discuss Item 17.12 – Approval of contract for the Fire Fighters Union and Item 17.13 – Approval of contract for the Chief’s Union. No Council member objected. Planning & Economic Development Committee Alderperson Blumenthal requested that item 19.6 - Southwest Area Land Use GEIS Report - Discussion be deleted from the agenda No Council member objected. 2 SPECIAL ORDER OF BUSINESS: Public Hearing to Consider An Ordinance Amending Sections 325-8A (4) and 325-20 of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code Regarding Establishment of a Collegetown Parking Overlay Zone (CPOZ) Resolution to Open Public Hearing: By Alderperson Hershey: Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing to Consider an Ordinance Amending Sections 325-8A (4) and 325-20 of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code Regarding Establishment of a Collegetown Parking Overlay Zone (CPOZ) be declared open. Carried Unanimously No one appeared to speak Resolution to Close Public Hearing: By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider An Ordinance Amending Sections 325-8A (4) and 325-20 of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code Regarding Establishment of a Collegetown Parking Overlay Zone (CPOZ) be declared closed. Carried Unanimously Public Hearing to Consider An Ordinance Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code, Regarding Adult Use Establishments Resolution to Open Public Hearing: By Alderperson Pryor: Seconded by Alderperson Hershey RESOLVED, That the Public Hearing to Consider An Ordinance Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code, Regarding Adult Use Establishments be declared open. Carried Unanimously Fay Gougakis spoke in opposition to the proposed Adult Use Establishments. Joel Harlan spoke in favor of the proposed Adult Use Establishments. Resolution to Close Public Hearing: By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider An Ordinance Amending Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code, Regarding Adult Use Establishments be declared closed. Carried Unanimously A Public Hearing to Consider An Ordinance Amending Article II, Section 325-5 Entitled “Zoning Map” of the City of Ithaca Municipal Code to Modify the Boundary of the “CBD 140” Sub- District Resolution to Open Public Hearing: 3 By Alderperson Pryor: Seconded by Alderperson Vaughan RESOLVED, That the Public Hearing to Consider An Ordinance Amending Article II, Section 325-5 Entitled “Zoning Map” of the City of Ithaca Municipal Code to Modify the Boundary of the “CBD 140” Sub-District be declared open. Carried Unanimously The following people spoke in opposition to the proposed Ordinance: Jane Marcham Carolyn Peterson Mary Tomlan Joel Harlan spoke in favor of the proposed legislation. Resolution to Close Public Hearing: By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That the Public Hearing to Consider An Ordinance Amending Article II, Section 325-5 Entitled “Zoning Map” of the City of Ithaca Municipal Code to Modify the Boundary of the “CBD 140” Sub-District be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doria Higgins, Town of Ithaca, spoke in opposition to fluoridation of water. Joel Harlan, Town of Dryden, spoke in support of economic growth in the City. John Simon, City of Ithaca, spoke about situation on Cleveland Avenue. Three houses have been torn down and a fourth house is ready to be torn down. The owner of those houses has clear-cut trees and all sorts of growth; it’s all leveled with some grass. The sights and sounds of Route 13 come into his neighborhood, the landscape is radically being altered. Owner plans to leave the land like it is until the City decides to move the zoning line as he has said he wanted. Mr. Simon urged council members to never ever give in to these kinds of tactics. John Rudan, City of Ithaca, Chairman of the Immaculate Conception Parish Council, addressed Council to register their deep concern and strong opposition to putting a parking garage on Seneca Street between Albany and Geneva Streets. Linda Russo, addressed Council to voice her opposition to locating the parking/bus depot on the block in front of the Catholic Church on Seneca/Geneva/State Street. Karen Maholic, Town of Ithaca, would like diverters removed from the two streets since they are public streets. RESPONSE TO THE PUBLIC: Alderperson Blumenthal responded to comments made about parking Garage/bus terminal on Geneva/Albany/Seneca/State Streets. 4 Alderperson Sams responded to comments made about the Cleveland Avenue neighborhood. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen announced that October 15, 2000 is Crop Walk Day. This is an annual walk to raise awareness and funds for hunger relief efforts. Mayor Cohen announced that the week of October 15-21, is Dystonia Awareness Week. Dystonia is a neurological disorder in which powerful involuntary muscle spasms twist parts or all of the body. Mayor Cohen announced that the week of October 8-14, is Fire Prevention Week. Many more folks die due to smoke inhalation than they do to actual contact with fire. He encouraged people to participate in fire prevention activities at home, work or school. Mayor Cohen proclaimed the entire month of October as Domestic Violence Awareness month. Mayor Cohen announced two community events. One is the Apple Harvest Festival, which will be held this weekend, and the other is a community clean up. Alderperson Hershey announced two wonderful events taking place. One is the Friends of the Library Book sale. The other is the annual antique show at the Women’s Community Building. CONSENT AGENDA ITEMS: A Local Law Amending Section 4-23(A) of Article V Entitled “Department of Planning and Development” of Chapter 4 of the City of Ithaca Municipal Code. By Alderperson Blumenthal: Seconded by Alderperson Sams WHEREAS, Section 4-23(A)(1) of the City of Ithaca Municipal Code provides that “There shall be one member from the Common Council and one member from the Board of Public Works”, appointed to the Planning and Development Board, and WHEREAS, Section 27(3) of the General City Law of the State of New York was amended after promulgation of Section 4-23(A)(1) to prohibit members of a legislative body from serving on a planning board, and WHEREAS, based on the amendment to state law, the City of Ithaca requested an Opinion from the Attorney General as to the legality of a member of Common Council continuing to serve on the Planning and Development Board, and WHEREAS, by letter dated July 14, 2000, the Attorney General has advised that the City of Ithaca is subject to the amended state law prohibiting Common Council members from serving on a planning board; now, therefore, be it RESOLVED, That Section 4-23(A) of Article V Entitled “Department of Planning and Development” of Chapter 4 of the City of Ithaca Municipal Code shall be amended as follows: 5 LOCAL LAW 2000- ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. The City of Ithaca Municipal Code, Section 4- 23(A)(1) of Article V Entitled “Department of Planning and Development” of Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of Government” is hereby amended as follows: § 4-23. Planning and Development Board. A. Creation, appointment and organization. (1) There shall be a Planning and Development Board, also known as the "Planning Board," consisting of seven members, each of who shall be appointed by the Mayor with the consent of Common Council. There shall be [one member from the Common Council and] one member from the Board of Public Works. The Mayor shall appoint one member of the Planning and Development Board to serve as Chairperson. In the absence of a Chairperson, the Planning and Development Board may designate a member to serve as Chairperson. In making such appointments, the Mayor may require Planning and Development Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The term of office shall be three years, and the terms shall be staggered, except for the member[s] [who are] appointed from [Common Council and] the Board of Public Works. With respect to [those] that member[s], the term of office shall be two years and shall coincide with [their] his or her term of office as [a member of Common Council or] a member of the Board of Public Works. Section 2. There shall be a new subsection 2 added to §4- 23(A) as follows and the remaining subsections thereunder renumbered accordingly: (2) Legislative body members ineligible. No person who is a member of the Common Council shall be eligible for membership on such Planning and Development Board. [(2)] (3) Vacancy in office. If a vacancy shall occur, otherwise than by expiration of term, the Mayor, with the consent of Common Council, shall appoint a new member for the unexpired term. [(3)] (4) Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Planning and Development Board for cause. Any Board member may be removed for noncompliance with minimum standards relating to meeting attendance and training as established by the Common Council. 6 [(4] (5) Compatibility of officers. The municipal officials or employees on such Board shall not, by reason of membership thereon, forfeit their right to exercise the powers, perform the duties or receive the compensation of the municipal office or position held by them during such membership. No municipal officer or employee shall be appointed to the Planning and Development Board in the event such officer or employee cannot carry out the duties of his or her position without a conflict in the performance of his or her duties as a member of the Board. [(5)] (6) Chairperson duties. All meetings of the Planning and Development Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. [(6)] (7) Service on other planning boards. No person shall be disqualified from serving as a member of the City Planning and Development Board by reason of serving as a member of a County Planning Board. [(7)] (8) Rules and regulations. The Planning and Development Board may recommend to the Common Council regulations relating to any subject matter over which the board has jurisdiction under this article or under any other statute or under any other local law or ordinance of the city. Section 3. Effective Date. This law shall take effect immediately upon filing with the Secretary of State of the State of New York. Carried Unanimously REGULAR AGENDA ITEMS: 17. Budget and Administration Committee: 17.1 Common Council – Authorize Mayor to Sign MOU with Ithaca Downtown Partnership for Parking By Alderperson Vaughan: Seconded by Alderperson Blumenthal RESOLVED, That Common Council hereby authorizes the Mayor to sign the Memorandum of Understanding with the Ithaca Downtown Partnership for downtown 2 hour free parking. Amending Resolution: By Alderperson Vaughan: Seconded by Alderperson Spielholz RESOLVED, That the Mayor and a sub-committee of Council be authorized to review attachment A to the MOU to agree with the Downtown Partnership on the list of stores that are used as the baseline stores. Carried Unanimously Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 7 17.2 DPW – Request to Amend the Authorized Personnel Roster By Alderperson Vaughan: Seconded by Alderperson Taylor WHEREAS, Nancy Oltz, Manager of Operations and Maintenance is requesting that two additional part-time permanent Bus Operators be added to the TCAT Roster, and WHEREAS, the Board of Public Works and the Budget and Administration Committee have reviewed the request and approve the addition of two part-time permanent Bus Operators; now, therefore, be it RESOLVED, That Common Council hereby amends the authorized Personnel Roster for TCAT as follows: Add: Two Part-time Permanent Bus Operators and be it further RESOLVED, That funding for the part-time positions will be derived from within the existing Bus Operations budget. Carried Unanimously 17.3 DPW-Water & Sewer – Approval of Bond Application By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca herein called the “Municipality”, after thorough consideration of the various aspects relating to wastewater treatment and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project” is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca that 1. The City Controller is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to the State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application of State Assistance Payments; 4. That this Resolution take effect immediately. 8 Mayor Cohen explained the second stage of WWTP project to Common Council. Alderperson Blumenthal questioned SEQR process and the Mayor explained the process. A vote on the Resolution resulted as follows: Carried Unanimously 17.4 GIAC – Request to Amend 2000 Budget By Alderperson Vaughan: Seconded by Alderperson Pryor WHEREAS, the Greater Ithaca Activities Center has received an anonymous donation in the amount of $6,385.75 to cover part-time seasonal employment of an at-risk youth in the GIAC After School Program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2000 GIAC Budget as follows to account for the anonymous donation for the GIAC After School Program: Increase Revenue Account A7311-2070-1104 $6,385.75 Increase Appropriation Accounts A7311-5120-1104 Part-time Seasonal $5,932.00 A7311-9030 Social Security 453.75 Carried Unanimously 17.5 GIAC – Request to Release Contingency Funds for Midnight Basketball Program By Alderperson Vaughan: Seconded by Alderperson Farrell WHEREAS, the second half of the GIAC Midnight Basketball League will run from November 3, 2000 to December 16, 2000, and WHEREAS, GIAC staff have estimated a cost of $4,375, including fringe benefits, for the second half of the league, and WHEREAS, the funds have been placed in the 2000 Restricted Contingency account; now, therefore, be it RESOLVED, That Common Council hereby authorizes the transfer of an amount not to exceed $4,375 from account A1990 to the following accounts: A7311-5120-1104 $2,540.00 A7311-5435-1104 945.00 A7311-5460-1104 696.00 A7311-9030-1104 194.00 Carried Unanimously 17.6 Controller – Request to Release Contingency Funds for Drug Court By Alderperson Vaughan: Seconded by Alderperson Glasstetter WHEREAS, funds in the amount of $18,000 were placed in the 2000 Budget Restricted Contingency account for Drug Court Assistance, and 9 WHEREAS, the Drug Court is successfully operating out of its expanding space in Center Ithaca, and WHEREAS, the City has expended its 1999 grant of $17,188 for the Drug Court and now is in need of the funds placed in the contingency account to continue the Drug Court for the remainder of the year; now, therefore, be it RESOLVED, That Common Council hereby approves the release of an amount not to exceed $18,000 from account A1990 Restricted Contingency and transfer to account A1111-5435 to assist the Drug Court for continued operations through December 31, 2000. Carried Unanimously 17.7 Planning Department – Request to Establish a Capital Project for Demolition of 402 S. Cayuga Street By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, on April 5, 2000 the Common Council approved a resolution authorizing submission by the Ithaca Urban Renewal Agency of a FY 2000 Small Cities Community Development Block Grant (CDBG) application requesting $900,000 to implement the Southside Neighborhood and Downtown Development Program, and WHEREAS, the program included an activity to demolish and clear the fire-damaged, three-story apartment building located at 402 S. Cayuga Street at an estimated cost of $86,000, and WHEREAS, the CDBG grant includes partial funding of $30,000 for this activity, and WHEREAS, in the April 5, 2000 resolution the Common Council agreed to establish a capital project to fund the portion of the project costs for the 402 S. Cayuga Street demolition and clearance activity not funded by the CDBG grant upon notice of the grant approval; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #426 in an amount not to exceed $56,000 to demolish and clear 402 S. Cayuga Street property, and be it further RESOLVED, That Common Council authorizes and directs the Ithaca Urban Renewal Agency to implement this capital project, and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized to execute any and all documents necessary to implement this resolution, and be it further RESOLVED, That funds for said amendment shall be derived from the issuance of Serial Bonds. Carried Unanimously 17.8 Planning Department – Request to Amend Authorized Personnel Roster 10 By Alderperson Vaughan: Seconded by Alderperson Manos WHEREAS, the Planning Department workload is increasing with many development projects currently underway and additional projects in the near future, and WHEREAS, the Planning Department has been without a Deputy Planning Director for several years and is in need of said position to assist with the current and future heavy workload of the department; now, therefore, be it RESOLVED, That Common Council hereby amends the Planning Department Authorized Personnel Roster as follows: Add: One (1) Deputy Director of Planning & Development (40 hours) and be it further RESOLVED, That the position of Deputy Director of Planning and Development be designated as a managerial position pursuant to Section 201.7(a) of the New York State Civil Service Law, and be it further RESOLVED, That the creation of the position is contingent upon the approval by the Civil Service Commission. Discussion followed on the floor regarding the history of the position and the Economic Development Director position. A vote on the Resolution resulted as follows: Carried Unanimously 17.9 City Chamberlain – Authorization to Convey Foreclosed Properties By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, by tax foreclosure proceedings, the City of Ithaca acquired certain parcels within the City, and WHEREAS, contingent upon Common Council approval, said properties are to be conveyed by Quit Claim Deed; now, therefore, be it RESOLVED, That, upon required payment in full, the Mayor is hereby authorized to execute said Quit Claim Deeds for all said parcels acquired through foreclosure proceedings. Carried Unanimously 17.10 City Chamberlain – Authorization to Convey Foreclosed Properties to Ithaca Neighborhood Housing Services By Alderperson Vaughan: Seconded by Alderperson Farrell WHEREAS, by tax foreclosure proceedings, the City of Ithaca acquired certain parcels within the City, and WHEREAS, by resolution at a regularly scheduled meeting held on September 6, 2000, Common Council formed a committee to work with the Ithaca Neighborhood Housing Services (INHS) to identify tax foreclosure properties eligible for inclusion in INHS’s program, and 11 WHEREAS, said committee, in conjunction with INHS, identified two (2) tax foreclosure properties eligible for the INHS program, to wit: 707 Hancock Street and 511 North Plain Street, and WHEREAS, contingent upon Common Council approval, said two (2) properties are to be conveyed to INHS by Quit Claim Deed; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to execute Quit Claim Deeds to INHS for said two (2) parcels acquired through foreclosure proceedings. Carried Unanimously 17.11 Building Department – Request to Amend the Authorized Personnel Roster By Alderperson Vaughan: Seconded by Alderperson Taylor WHEREAS, the City currently uses an outside agency, New York Board of Fire Underwriters, to perform the city’s electrical inspections, and WHEREAS, the Acting Building Commissioner has determined that by creating a City position of Electrical Inspector, the City would improve the quality of the inspections by limiting the inspections to the City and Cornell University and increase revenues through the collection of inspection fees; now, therefore, be it RESOLVED, That Common Council hereby amends the Building Department’s Authorized Personnel Roster as follows: Add: One (1) Electrical Inspector and be it further RESOLVED, That the position of Electrical Inspector shall be assigned to the CSEA Administrative Unit at Grade 17 in accordance with the CSEA Administrative Unit Point Factor Plan. Acting Building Commissioner Radke explained history of NYS Board of Fire Underwriters. They have been the City’s Electrical Inspector since 1926. The Tompkins County Supreme Court found the City to be in violation of the Sherman Anti-Trust Law. This would invite multiple agencies to the City to do inspections. That means that there would be no control over who does inspections for whom. An electrician would be able to virtually hire any inspection agency they wanted to inspect their work. She further stated that it was very safe to say that one can see that if one person does not like a particular inspector, they can hire someone else to have them approve their work and then there will not be consistent evaluation of work performed. Alderperson Farrell questioned why this position couldn’t be put out to bid. Why can’t the City hire someone as an independent contractor and put out a request for proposals or something like that for a year’s contract to do all the electrical work that we are going to require and get bids from people? 12 Assistant City Attorney Dunn stated that this could be done. Although going in that direction it would be wiser to do it for a three-year period instead of putting out a bid every single year. The disadvantage of it is two fold. One of the disadvantages is that it’s difficult to put out a proposal that would cover the necessities for this area because many of the people who apply for that type of a thing would come from very far away and wouldn’t be familiar with the area. The other problem is that the New York Board of Fire Underwriters has got such a long experience in this area that in all likelihood, they would probably be the successful bidder. That’s not 100% true, but it all likelihood they would be and then we would be back to square one as far as our court case is concerned. Discussion followed on the floor regarding how the position would be funded. A vote on the Resolution resulted as follows: Ayes (8) Pryor, Sams, Blumenthal, Glasstetter, Vaughan Spielholz, Taylor, Hershey Nays (2) Farrell, Manos Abstentions (0) Carried 17.12 Approval of Ithaca Paid Firefighter’s Association Contract By Alderperson Manos: Seconded by Alderperson Pryor RESOLVED, That the negotiated agreement between the City of Ithaca and the Ithaca Paid Fire Fighter’s Association, for the period January 1, 2000 through December 31, 2002, be hereby approved, and, be it further RESOLVED, That the salary increases included in said agreement shall be calculated retroactive to January 1, 2000. Carried Unanimously 17.13 Approval of Chief Officer’s Unit Contract By Alderperson Manos: Seconded by Alderperson Taylor RESOLVED, That the negotiated agreement between the City of Ithaca and the Chief Officer’s Unit, affiliate of the Ithaca Paid Fire Fighter’s Association, IAFF Local 737, for the period of January 1, 2000 through December 31, 2002, be hereby approved, and, be it further RESOLVED, That the salary increases included in said agreement shall be calculated retroactive to January 1, 2000. Carried Unanimously 13 19. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 19.1 (A) An Ordinance Amending Sections 325-8A(4) and 325-20 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code, regarding establishment of a Collegetown Parking Overlay Zone - Designation of Lead Agency Status By Alderperson Blumenthal: Seconded by Alderperson Glasstetter WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of Sections 325-8A(4) and 325-20 of Chapter 325 of the City Code is an "Unlisted" Action pursuant to SEQR, and a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendments to Chapter 325 of the City Code. Carried Unanimously 19.1 (B) An Ordinance Amending Sections 325-8 and 325-20 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, regarding Collegetown Parking Overlay Zone --Declaration of No Significant Environmental Effect By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, an Ordinance amending sections 325-8 and 325-20 of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, regarding Collegetown Parking Overlay Zone has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form, SEAF, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act, and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated September 28, 2000, and be it further RESOLVED, That this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further 14 RESOLVED, That this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously 19.1 (C) An Ordinance to Amend Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code and The Official Zoning Map to Change The Zoning Designation Of Certain Areas Of The City Of Ithaca In And Around Collegetown And To Establish An Overlay Zone With Appropriate District Regulations,(CPOZ)” By Alderperson Blumenthal: Seconded by Alderperson Pryor Ordinance 00-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Section 325-8A(4) of the Municipal Code of the City of Ithaca is hereby amended as follows to change the required number of parking spaces for the R-3a and R-3b zones (Residential), and the B-2a and B-2b zones (Business), within the new CPOZ as follows: Collegetown Parking Overlay Zone - CPOZ - R-3, (R-3a and R-3b) Off-Street Parking Requirements 1. All residential uses including but not limited to single and two family dwelling units, apartments, boarding houses, cooperative households, dormitories, garden apartments, group homes, hotels, motels, rooming houses, townhouses, tourist homes, fraternities and sororities. 2. All other permitted uses: Same as listed in Section 325-8, District Regulations Chart. Collegetown Parking Overlay Zone - CPOZ - B-2a Off-Street Parking Requirements 1. Residential uses: Same as CPOZ R-3 2. All other permitted uses: Same as listed in Section 325-8, District Regulations Chart. Collegetown Parking Overlay Zone - CPOZ - B-2b Off-Street Parking Requirements 1. Residential uses: Same as CPOZ B-2a 2. All other permitted uses: Same as listed in Section 325-8, District Regulations Chart. Section 4. 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 read as follows: (1) Required off-street parking for residential uses in the R-3a and R-3b zones, (Residential) and the B-2a and B-2b zones, (Business) shall be increased from one 15 space for every three resident occupants to one space for every two resident occupants in the areas designated CPOZ on the map entitled "Collegetown Parking Overlay Zone”, dated June, 2000, a copy of which is on file in the Ithaca City Clerk's Office. (2) 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 there is no increase in the number of resident occupants. Notwithstanding anything to the contrary contained in this Code, in cases where the number of resident occupants is increased, the parking requirements of the Collegetown Parking Overlay Zone shall be applied only to the additional resident occupants. Section 3. Effective Date This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 19.2 (A) An Ordinance Amending Chapter 325, Entitled "Zoning” of the City of Ithaca Municipal Code Regarding Adult Use Establishments– Declaration of No Significant Environmental Effect By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, an Ordinance amending sections 325-3 and 325-8 of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, regarding Adult Uses has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an “unlisted” action under the State Environmental Quality Review Act, and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Long Environmental Assessment For dated September 12, 2000, and be it further RESOLVED, That this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the 16 attachment, in the City Clerk’s Office and forward the same to any other parties as required by law. Carried Unanimously 19.2 (B) An Ordinance Amending Chapter 325, Entitled “Zoning” of the City of Ithaca Municipal Code Regarding Adult Use Establishments By Alderperson Manos: Seconded by Alderperson Sams ORDINANCE 2000- 10 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Section 325-3 shall be amended to delete the definition entitled “Adult Entertainment Establishment” in its entirety. Section 2. There shall be a new section 325- __ added to Chapter 325 of the Code of the City of Ithaca. The new section 325- __ shall be entitled “Adult Uses” and read as follows: A. Findings: Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the U.S. Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and commissioned by the Department of Planning and Development of the City of Ithaca, the City of Ithaca finds that: 1) There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community; 2) Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community; 3) These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community; 4) The unregulated establishment and operation of adult- oriented businesses would lead to the wide-spread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the City and would therefore be 17 detrimental to the general health, safety and economic viability of the community; 5) The United States Constitution, and the Constitution and laws of the State of New York grant to the City of Ithaca the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community. B. Statement of Intent 1) It is the express intent of the City of Ithaca in adopting this ordinance to: a) Ameliorate, mitigate, reduce or prevent the wide- spread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community; b) Protect the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses. 2) It is not the intent of the City of Ithaca in adopting this ordinance to: a) Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or b) Impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the City under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses; or c) Impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the City under the U.S. Constitution, the New York State 18 Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or d) Estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses. Aware that, according to numerous decisions by both Federal courts and courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the City for adult use businesses, the City of Ithaca hereby adopts this amendment to its City Zoning Law. C. Definitions 1) Adult Use Business For the purposes of this ordinance, an adult use business shall be defined as any business which: a) is the use of land, structure or location for an "adult entertainment business" or as an "adult physical contact establishment” as herein defined; or b) is any use of land, structure or location which, by the provisions of the Penal Law is required to restrict the access thereto by minors; or c) which is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; or d) which is a location, building or structure used primarily for presenting, lending or selling motion picture films, video cassettes, cable television or any other such visual media, or used primarily for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below. 2) Adult Entertainment Businesses Adult entertainment businesses, including adult book stores, adult video stores, adult motion picture theaters, adult mini-motion picture theaters, adult cabarets, and adult drive-in theaters shall be defined as follows: a) an adult book store is defined as an establishment having a substantial or significant 19 portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below. b) an adult video store is defined as an establishment having as a substantial or significant portion of its stock in trade video films, video cassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below. c) an adult motion picture theater is defined as a building with a capacity of fifty (50) persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein; d) an adult mini-motion picture theater is defined as an enclosed building with a capacity of less than fifty (50) used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein; e) an adult cabaret is defined as an establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity; f) an adult drive-in theater is a drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to 'specific sexual activities' or 'specific anatomical areas' as defined below for the observation of patrons therein; 3) Adult Physical Contact Establishment An adult physical contact establishment is defined as any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section; 20 4) Specified sexual activities a) human genitals in a state of sexual stimulation or arousal; or b) acts of human masturbation, sexual intercourse or sodomy; or c) fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast. 5) Specified anatomical areas a) less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or b) human male genitals in a discernable turgid state, even if completely or opaquely covered; D. Location 1) Adult Uses (the term “Adult Uses” shall hereinafter include Adult Use Businesses, Adult Entertainment Businesses and Adult Physical Contact Establishments) may not be located in any zone except the following portions of the I-1 use districts as more fully detailed on the official zoning map of the City of Ithaca. The permitted adult use areas are conveniently described herein solely for purposes of this legislation. a) The I-1 site bordered on the east by the railroad property known as parcel numbers 525.-6-1 which borders on New York State Routes 13 and 34, on the north and west by parcel 16.-1-3 which is the site of the TCAT and Ithaca DPW facilities, and on the south by parcels 16.-1-8, 16.-1-5.2 and 16.-1-5.1; b) The area, generally known as the site of the Tompkins County Recycling and Solid Waste Center, along Commercial Avenue; c) The area bounded on the north by the northerly border of parcel 78.-1-1.1, on the east by parcel 78.-1- 2.2, by Cherry Street on the west and by Cecil Malone Drive (the former West Clinton Street) on the south; d) The area bordered by Cherry Street on the west, by Cecil Malone Drive on the north, by a line perpendicular to the end of Cherry Street on the south and by the railroad parcels known as 525.-6-1 on the east. 2) Adult Uses may not be located, when initially opened as, or converted to, an adult use, within 350 feet of any of the following: a) The boundary of any residential zoning district. b) Any property, including the exterior lot, used as a licensed day-care facility. c) Any structure, including the exterior lot, which has tax exempt status as a religious or educational use. 21 d) Any waterfront, park or farmers' market. e) Any gymnastic center, library or museum. f) Within 200 feet of the boundary of any Marine Commercial Districts. E. Public View and Lighting 1) Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access. 2) Any and all booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall a) be open to public view from the common area of the establishment; b) not have any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the establishment; c) be well-lighted and readily accessible at all times and shall continuously be open to view. F. Sale of Alcohol Prohibited The sale and/or consumption of alcohol is prohibited within the designated adult use zone. G. Site Plan Review/Landscaping. 1) All adult use establishments shall be subject to Chapter 272 entitled “Signs” of the Code of the City of Ithaca. 2) All adult use establishments, when initially opened as, or converted to, an adult use shall be subject to Chapter 276 entitled “Site Plan Review” of the Code of the City of Ithaca and shall be subject to appropriate landscaping as determined in the site plan review process. Section 3. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 19.3 (A) An Ordinance Amending Article II, Section 325-5 Entitled “Zoning Map” of the City of Ithaca Municipal Code, to Modify the Boundary of the “CBD 140” Sub-District – Declaration of No Significant Environmental Impact By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, the City of Ithaca is proposing a zoning amendment which will amend the boundary of the Sub-District known as "CBD- 140," to exclude the easternmost half of the Seneca Street parking garage from the "CBD-140" Sub-District and to designate it "CBD-85," and 22 WHEREAS, appropriate environmental review has been conducted including the preparation of Parts I, II and III of a Long Environmental Assessment Form (LEAF), and WHEREAS, the proposed action is a Type I action under the City Environmental Quality Review Act (CEQR Sec. 176-12B), and WHEREAS, the Common Council for the City of Ithaca, acting as Lead Agency, has reviewed the LEAF Part I, Part II and Part III, dated 08/31/00 prepared by City of Ithaca Planning Department staff, and has determined that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That the Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Long Environmental Assessment Form Parts I, II, and III, and, be it further RESOLVED, That this Common Council, as lead agency, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and, be it further 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. Extensive discussion followed on the floor regarding what height would be the best for Collegetown and Downtown to assist in revitalization and economic development for the City. A vote on the Resolution resulted as follows: Carried Unanimously 19.3 (B) An Ordinance Amending Article II, Section 325-5 entitled "Zoning Map" of the City of Ithaca Municipal Code, to Modify the Boundary of the "CBD-140" Sub-District By Alderperson Blumenthal: Seconded by Alderperson Hershey ORDINANCE 00-11 BE IT ORDAINED AND ENACTED by Common Council of the City of Ithaca , New York, that Article II, Section 325-5 of the City of Ithaca Zoning Ordinance entitled "Zoning Map" be amended as follows: Section 1. The boundary of the Sub-District known as "CBD- 140," will be modified to exclude the easternmost half of the Seneca Street Parking Garage from within the Sub-District "CBD- 140" as delineated on the attached map, and this easternmost half of the garage area is hereby designated as "CBD - 85" 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. 23 Ayes (7) Pryor, Blumenthal, Glasstetter, Manos, Vaughan, Taylor, Hershey Nays (3) Sams, Farrell, Spielholz Abstentions (0) Carried 19.4 An Ordinance Amending Section 186-17 entitled “Appeals Board” of Chapter 186 entitled “Flood Damage Prevention” and also Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code – Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Farrell RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of an Ordinance amending Section 186-17 entitled “Appeals Board” of Chapter 186 entitled “Flood Damage Prevention” to transfer appeals from the Board of Zoning appeals to the Building Code Board of Appeals and amending Chapter 325 entitled “Zoning” of the Code of the City of Ithaca to delete Section 325-27 entitled “Floodplains” and certain other sections of Chapter 325 related to floodplains 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, November 1, 2000, and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The proposed Ordinance reads as follows: ORDINANCE 00 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 186, Section 186-17 entitled “Appeals Board” of Article VI entitled “Variances” shall be amended as follows: § 186-17. Appeals Board. A. The Building Code Board of Appeals [Board of Zoning Appeals] as established by the City of Ithaca shall hear and decide appeals and requests for variances from the requirements of this chapter. B. The Building Code Board of Appeals [Board of Zoning Appeals] shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. 24 C. Those aggrieved by the decision of the Building Code Board of Appeals [Board of Zoning Appeals] may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. D. In passing upon such applications, the Building Code Board of Appeals [Board of Zoning Appeals] shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The cost to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (12) The costs of providing governmental services during and after flood conditions, including search and rescue operations, and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. E. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Building Code Board of Appeals [Board of Zoning Appeals] may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. F. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. Section 2. Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code shall be amended as follows: 25 Section 325-27 entitled “Floodplains” shall be deleted in its entirety from the Code of the City of Ithaca. Section 3. Chapter 325-3 entitled definitions and word usage is amended to delete the following definitions: [FLOOD or FLOODING --A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams or rivers or abnormally rising lake waters resulting from severe storms.] [FLOOD HAZARD AREA -- That maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded each year) and is delineated on the Flood Hazard Boundary Map issued by the Federal Insurance Administrator, Department of Housing and Urban Development.] [FLOODPLAIN or FLOOD-PRONE AREA -- A land area adjoining a river, stream, watercourse, bay or a lake which is likely to be flooded.] [FLOODPLAIN MANAGEMENT -- The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood-control works and land use and control measures.] [FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.] [FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the one-hundred-year flood.] Section 4. Section 325-4 entitled “Establishment of districts” shall be amended to delete the FW-1 Floodway Zone district and the FH- 1 Flood Hazard Zone district. Section 5. Section 325-5 A shall be amended as follows: § 325-5. Zoning Map. A. Districts are bounded as shown on the map titled, "Official Zoning Map of the City of Ithaca, New York," which is further defined in "Digital Zoning Map" in § 325-3, and which accompanies in printed format and is hereby made part of this chapter. Hereafter, the former FW-1 zone shall be designated as a P-1 zone on both the official zoning map and the digital zoning map. Any reference to the FH-1 zone on either map shall be deleted. Section 6. 26 Subsection 325-8 B(3) shall be amended to delete the phrase “FW-1” as follows: (3) Regulations, standards and permitted uses are generally cumulative, except for the P-1, [FW-1] and MH-1 Districts and except where otherwise indicated by specific prohibition or omission. Section 7. Subsection 325-8 B(6) shall be deleted and the following subsections renumbered accordingly. [(6) Any use permitted under this chapter shall, if located within the FH-1 Zone, meet the requirements of § 325-27 in addition to those otherwise applicable to it under the district regulations.] [(7)] (6) In R-1 and R-2 Districts, minor dependent children in the care of a parent or relative shall be excluded in determining the number of unrelated occupants in a dwelling unit. [(8)] (7) In all districts where multiple dwellings are permitted, each multiple dwelling shall be required to have a rear yard of at least 20 feet in depth. (This requirement has been imposed so that these structures comply with the New York State Uniform Fire Prevention and Building Code.) [(9)] (8) In all districts, the New York State Uniform Fire Prevention and Building Code may impose additional requirements pertaining to the location of a structure on a parcel of property, including, for example, additional building setback requirements. [(10)] (9) All columns established by this section are subject to the supplementary regulations stated in Article V of this chapter. Section 8. Section 325-9.C entitled “Special Permits” shall be amended to delete section 325-9.C(1)(i ) and the remaining subsections therein amended to reflect said deletion, as follows: C. Special permits. (1) Applicability. The uses listed under the district regulations in § 325-8 which require a special permit from the Board of Appeals are as follows: (a) Cemeteries in all districts. (b) Public utility facilities in all residential districts. (c) Private schools in all residential districts. (d) Nursery schools or child day-care centers in R-2 and R-U Districts. (e) Neighborhood retail or service commercial facilities in R-2 and R-3 Districts. (f) Hospitals or sanatoriums in R-3 Districts. (g) In P-1 Districts, within 200 feet of adjoining residential districts, any use other than public recreation, classrooms or living accommodations. In such P-1 Districts, living 27 accommodations within 200 feet of adjoining residential districts shall conform to the use and area regulations applying to the strictest of such adjoining residential districts. (h) Signs in all districts, as provided in the Sign Ordinance. [Amended 4-1-1981 by Ord. No. 81-2] [(i) In FH-1 District, all new construction, improvements, alterations and repairs. (See § 325- 27.)] [(j)] (i) [Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord. No. 92-16; 12-2-1998 by Ord. No. 98-30] Home occupations in all Residential Zoning Districts require a temporary special permit unless the home occupation meets all the following criteria: [1] The occupation does not carry a stock of merchandise or store materials for resale or use in the occupation, except a reasonable supply of office supplies customarily incidental to a small office. [2] The occupation does not create traffic or need for parking beyond that which is customarily incidental to the residential use of the property. Factors that are not to be considered incidental to residential use are regularly scheduled events such as deliveries, client or customer visits or similar events. [3] The occupation requires or performs no exterior alterations and maintains no exterior display visible from outside the residence (including vehicles with signage parked outside of the buildings) except a nameplate as permitted by Municipal Code Chapter 272. [4] The occupation does not create any noise, vibration, smoke, dust or objectionable effects not customarily incidental and accessory to the residential use of the property. [(k)] (j) [Added 4-1-1981 by Ord. No. 81-2; amended 11-4-1992 by Ord. No. 92-15] In any district, towers or structures for the transmission or receipt of radio or other electronic communications signals, unless: [1] The towers or structures are antennas or satellite dishes with a maximum dimension of six feet or less; [2] Such antennas or satellite dishes are not in a front yard; [3] The maximum height (top to bottom) of such antenna or satellite dish, when combined with attached mounting supports, is 10 feet or less, and [4] Such antennas or satellite dishes, if they are to be located where they would ordinarily be visible from a public way adjoining the property, are subject to the following conditions: [a] If in a residential zone or on a lot abutting or across a street or waterway from a residential zone, they shall be screened from such view. 28 [b] In all other locations, they shall be screened from such view or be of a color and/or in a location that will minimize their visual impact. [(l)] (k) Towers or structures intended for use in the generation of electricity for the premises on which such tower is located in any district. [Added 4- 1-1981 by Ord. No. 81-2] [(m)] (l) Community or neighborhood gardens in all districts. [Added 7-10-1985 by Ord. No. 85-6] [(n)] (m) (Reserved) [(o)] (n) Group adult day-care facilities in R-2 Districts. [Added 5-6-1987 by Ord. No. 87-13] [(p)] (o) Any use not permitted as of right in the I-1 Zoning District. [Added 11-14-1989 by Ord. No. 89-16] [(q)] (p) Redemption centers in B-2 Districts. [Added 10-6-1993 by Ord. No. 93-19] [(r)] (q) Bed-and-breakfast homes and bed-and- breakfast inns. [Added 9-6-1995 by Ord. No. 95-10] Section 9. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. 19.5 Acquisition and Disposition of the Esty Street Parking Lot Parcel - Designation of Lead Agency Status By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, the approximately 6,400 square foot unimproved parking lot parcel located at the southeast corner of Fulton Street and Esty Street in the City’s West End neighborhood was acquired by the State of New York Department of Transportation under the Route 96 project, and WHEREAS, during the Route 96 project’s construction phase, the City of Ithaca requested the parcel be deeded to the City for use as public parking and the NYSDoT agreed with this request, but conveyance was never completed, and WHEREAS, if the parcel were transferred to the City as a public parking lot, there would be a 10-year restriction on its resale, and WHEREAS, an alternative method of transferring the property to the City as “excess property” contains no limitations on future use of the property, but requires acquisition of the property from NYDoT at fair market value, and WHEREAS, there was no commitment made during the FEIS process for the Route 96 project to maintain this parcel for a public parking use, and WHEREAS, gaining City control over the future use of this parcel will provide an important tool for the City to support 29 redevelopment projects consistent with the West End Urban Design Plan, and WHEREAS, the City has requested the NYDoT to convey the parcel directly to the City as “excess property” to enable resale or lease of the property by the City to an interested party to implement recommendations of the West End Urban Design Plan, and WHEREAS, the NYDoT has indicated they are nearing final action to approve conveyance of the parcel to the City of Ithaca at fair market value, and WHEREAS, the staff recommends that the Common Council approve a purchase agreement with NYDoT to acquire the Esty Street Parking Lot parcel and further convey the parcel to the Ithaca Urban Renewal Agency (IURA) for disposition at no less than fair market value to a qualified and eligible sponsor for the purpose of implementing recommendations of the West End Urban Design Plan and the Urban Renewal Plan, and WHEREAS, disposition by the IURA requires public notice, a public hearing, and Common Council endorsement of the proposed conveyance to a qualified and eligible sponsor, and WHEREAS, the City has begun an environmental review for the acquisition and disposition of the parcel, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed action is classified as an unlisted action under the City Environmental Quality Review Act [CEQR Sec. 176- 12(7)], and WHEREAS, appropriate environmental review has been conducted including the preparation of an Environmental Assessment Form (EAF), now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca, does hereby declare its intent, subject to environmental review, to acquire the Esty Street parking lot parcel from the New York State Department of Transportation and transfer the parcel to the IURA for the purpose of disposition, at no less than fair market value, to a qualified and eligible sponsor to implement the recommendations of the West End Urban Design Plan, and, be it further RESOLVED, That such qualified and eligible sponsor demonstrate that sufficient permanent financing commitments are available to complete a project implementing the recommendations of the West End Urban Design Plan, and, be it further RESOLVED, That the Common Council of the City of Ithaca, does hereby declare itself lead agency for the acquisition and disposition of the Esty St. parking lot parcel, and, be it further 30 RESOLVED, That staff is hereby directed to proceed with environmental review. Carried Unanimously 19.7 Southwest Area Land Use Plan – Selection of Date for Public Hearing – Discussion Alderperson Blumenthal stated that this item requires two public hearings. There have been two legally noticed public hearings in addition to other ones. One is required prior to adoption of the plan. The last publicly noticed hearing was in May of 1998. The language of the law, there is a little ambiguity there about what prior to adoption means, so we thought that we should have another public hearing to meet the intent of the law and staff has talked about a proposed date of Wednesday, November 8th at 6:00 p.m. – 8:00 p.m. Six members of council are needed to open and close the hearing. It will be a special council meeting. 19.6 Downtown Development Strategy – Report Alderperson Blumenthal reported that the Planning Committee talked about the Downtown Development Strategy. The committee is recommending that Council adopt it. There will be two public hearings because it is a plan. The public hearings would be at the November 1st Common Council meeting and the December Common Council meeting. 21. NEW BUSINESS: 21.1 Executive Session to Discuss An Issue Regarding Collective Bargaining: By: Alderperson Pryor, Seconded by: Alderperson Glasstetter RESOLVED, That Common Council adjourn into Executive Session to Discuss An Issue Regarding Collective Bargaining. Carried Unanimously Regular Session: Common Council reconvened into Regular Session with no formal action being taken. 21.2 Report on Annual Budget: Mayor Cohen reported that he will formally present the budget on Tuesday evening. If the work gets done prior to that, he will try to get copies to Council ahead of time so you can get a look at it. Tuesday night is the first budget meeting. The schedule for meetings is October 10, 12, 16, 19, 25 and possibly the 26th. Packets will be given out as soon as the numbers are finaled. 24. ADJOURNMENT: On a motion the meeting adjourned at 9:10 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor