HomeMy WebLinkAboutMN-CC-2000-10-04
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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.
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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:
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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.
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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:
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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.
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[(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
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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.
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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
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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
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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
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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?
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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
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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
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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
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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;
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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.
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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.
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[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
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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