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HomeMy WebLinkAboutMN-CC-2003-06-04 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 pm June 4, 2003 PRESENT: Mayor Cohen Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Schwab City Controller – Thayer Planning and Development Director – Van Cort Deputy Planning and Development Director – Cornish Economic Development Director – McDonald Community Development Director - Bohn Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur City Chamberlain – Parsons Information Technology Director - Twardokus PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Resources Committee: Alderperson Peterson noted that there is a Substitute Resolution on Council desks for Item 12.1 – Reconfiguration of City Clerk’s Office in Conjunction with the 2003 City Budget. Alderperson Peterson also stated that Item 12.3 – Controller’s Office – Personnel Item would be considered under Miscellaneous Items. New Business: Alderperson Blumenthal requested the addition of Item 13.8 Report on the Replacement of the Commons Clock Towers; and Item 13.9 Report on the Spencer Street Widening Project. No Council member objected. Alderperson Whitmore requested the addition of Item 13.10 Youth Bureau Director Search. No Council member objected. Mayor Cohen requested the addition of a Possible Motion to Enter into Executive Session to discuss the employment history of two individuals; and a discussion on the July, 2003 Common Council meeting date. No Council member objected. COMMUNICATIONS / PROCLAMATIONS: Mayor Cohen proclaimed June 4, 2003 as Ithaca High School Girls Lacrosse Team Day in honor of their Section 4 Championship. Mayor Cohen proclaimed June, 2003 as National Aphasia Awareness Month. June 4, 2003 2 SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider the Adoption of a Revised City of Ithaca Sign Ordinance and Added Language to the Site Plan Review Ordinance Resolution to Open Public Hearing: By Alderperson Whitmore: Seconded by Alderperson Hershey RESOLVED, That the Public Hearing to Consider the Adoption of a Revised City of Ithaca Sign Ordinance and Added Language to the Site Plan Review Ordinance be declared open. Carried Unanimously The following people addressed Common Council: Jane Schafrik, Town of Ithaca, read a letter from the Board of Directors of the Ithaca Board of Realtors Larry Beck, President of Landlord’s Association Phil White, Town of Enfield Resolution to Close Public Hearing By Alderperson Whitmore: Seconded by Alderperson Mack RESOLVED, That the Public Hearing to Consider the Adoption of a Revised City of Ithaca Sign Ordinance and Added Language to the Site Plan Review Ordinance be declared closed. Carried Unanimously SPECIAL PRESENTATION: Jean McPheeters, President of the Tompkins County Chamber of Commerce presented the City with a check in the amount of $10,649.61 for the Cayuga Waterfront Trail. She explained that the Chamber has raised over $300,000 for Phase II of trail project including planning, design, and implementation. Ms. McPheeters complimented the City crews for their exemplary work on the trail project. She further stated that there would be a Public Information Session at the Chamber on June 14, 2003 from 10:00 am – 12:00 pm. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Joel Harlan, Town of Newfield – Senior week and other student activities Maria Coles, City of Ithaca – Bush doctrine, and Living Wage Resolution Debbie Minnick, City of Ithaca – Living Wage Resolution Mary Shelley, City of Ithaca – Regulation of Jet Skis Fay Gougakis, City of Ithaca – Dogs on the Commons, Ithaca Journal Editorial Peter Myers, City of Ithaca – Living Wage Resolution Neil Oolie, City of Ithaca – SPACE Festival Brian Goodell, President of Local 2300 – Living Wage Resolution Lynn Jackier, City of Ithaca – Living Wage Resolution, Cleveland Avenue Park Victoria Jordan, Town of Brooktondale – Living Wage Resolution Helen Ross, Village of Interlaken – Privatization of Parking Garages Pamela Mackesey, City of Ithaca – Living Wage Resolution Benjamin Nichols, Town of Ulysses – Living Wage Resolution Art Godin, City of Ithaca – Living Wage Resolution RESPONSE TO PUBLIC: Alderperson Pryor responded to comments made about Jet Skis and noted that this item is being discussed by the Neighborhood and Community Issues Committee. Alderpersons Whitmore, Blumenthal, and Hershey responded to comments made regarding the privatization of the City’s parking garages and the potential impact on the City’s workforce. June 4, 2003 3 CONSENT AGENDA: 8.1 DPW (Streets & Facilities) - Request to Hire Above Minimum Salary - Resolution By Alderperson Whitmore: Seconded by Alderperson Manos WHEREAS, the Department of Public Works has been unable to attract qualified and experienced candidates for the position of Automotive Mechanic at the current starting salary because the entry hourly rate is not competitive with commercial garages or other local government agencies, and WHEREAS, the CSEA DPW unit contract provides for hiring at a rate above the minimum in view of special circumstances or scarcity of qualified employees upon approval by Common Council, and WHEREAS, the funds for this higher staring salary rate are available in the Department of Public Works budget, now therefore be it RESOLVED, That Common Council hereby grants approval to hire the Automotive Mechanic at a starting salary rate of $10.50. Carried Unanimously 8.2 City Chamberlain – Authorize Mayor to Sign Sales Transaction for 254 Floral Avenue - Resolution By Alderperson Whitmore: Seconded by Alderperson Manos WHEREAS, a listing of all City owned properties considered appropriate for sale was generated in 2001, and WHEREAS, 254 Floral Avenue, Tax Map Number 74.-3-15 was one of the properties identified as appropriate for sale, and WHEREAS, 254 Floral Avenue was removed from the 2002 City Property Auction pending demolition of the uninhabitable house on the parcel, and WHEREAS, the parcel was sold at the 2003 City Property Sale as an empty lot; now, therefore, be it RESOLVED, That the Mayor be and hereby is authorized to execute any and all instruments necessary to complete this sales transaction by quit-claim deed. Carried Unanimously NEIGHBORHOOD & COMMUNITY ISSUES COMMITTEE: 9.1 City of Ithaca Living Wage Policy - Resolution By Alderperson Pryor: Seconded by Alderperson Peterson WHEREAS, it is the belief of the Common Council that it is the responsibility of the City of Ithaca to pay its employees the equivalent of a living wage, as defined by the Alternatives Federal Credit Union, including health benefits, and WHEREAS, in demonstration of the aforementioned belief, the City of Ithaca has engaged in compensation studies to identify positions for which compensation is less than the equivalent of a living wage, and WHEREAS, the City has moved to improve compensation where compensation has been identified as less than the equivalent of a living wage, and WHEREAS, it is the belief of the Common Council that it is the responsibility of the City of Ithaca to establish an economic development policy based on the creation and retention of jobs that lead to self-sufficiency, and WHEREAS, the City of Ithaca awards many contracts to private firms to provide services to the public and to Ithaca City government, and June 4, 2003 4 WHEREAS, the City of Ithaca also provides or participates in grants and loans through the Ithaca Urban Renewal Agency that are intended to benefit the community by, among other benefits, the creation or maintenance of a wide variety of employment opportunities, and WHEREAS, the Common Council of the City of Ithaca believes that decisions regarding contracting and economic development that involve the expenditure of public funds should support the creation and retention of jobs with the equivalent of a living wage and equitable wages, and WHEREAS, our State and Federal governments have failed to keep the minimum wage at a level necessary to maintain self-sufficiency, now, therefore, be it RESOLVED, That it shall be the policy of the City of Ithaca, when awarding service contracts or grants, loans, tax incentives or abatements, and other such forms of assistance, excepting those contracts for which competitive bidding requirements preclude application of the aforementioned policy, that in reaching a determination regarding such benefit, one of the criteria, among others to be considered, shall be that those receiving assistance from or doing business with the City of Ithaca, pay their employees the equivalent of a living wage, as defined by the Alternatives Federal Credit Union, including health benefits, for the life of the contract, and be it further RESOLVED, That the Common Council of the City of Ithaca urges our representatives in State and Federal government to support a significant increase in the minimum wage, and be it further RESOLVED, That it shall be the policy of the City of Ithaca, subject to agreements with employee bargaining units, to continue to pay its employees the equivalent of a living wage, and be it further RESOLVED, That the City of Ithaca strongly encourages all employers to make a good faith effort to pay all employees the equivalent of a living wage. Extensive discussion followed on the floor with Common Council members expressing their support for this Resolution. Alderperson Pryor stated that she fully supports requests to ask the State and Federal Governments to raise the minimum wage, and supports collective bargaining by unions. She expressed concern however that $8.68 was too low to meet the identified needs of many in the community and that people may be hurt further by a corresponding reduction in social service benefits. Alderperson Peterson suggested that the annual AFCU calculations be placed on file in the City for reference purposes. Mayor Cohen stated that this is not a mandatory criteria but one that the City will be taking into consideration upon contract review. A vote on the resolution resulted as follows: Carried Unanimously PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10.1 New York State Parks Grant Applications - Resolutions A. Cascadilla Boat House 1. The Environmental Protection Fund Application – Resolution By Alderperson Manos: Seconded by Alderperson Blumenthal WHEREAS, the City of Ithaca is applying to the New York State Office of Parks Recreation and Historic Preservation for a grant June 4, 2003 5 under the Environmental Protection Act to fund the rehabilitation of the Cascadilla Boathouse in Stewart Park; now, therefore, be it RESOLVED, That H. M. Van Cort, as Director of Planning and Development of the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $148,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this City of Ithaca for the rehabilitation of the Cascadilla Boathouse, and, be it further RESOLVED, That the required City matching share of $148,000 shall be derived by the issuance of serial bonds. Discussion followed on the floor with Historic Preservation and Neighborhood Planner Chatterton providing a description of the grant application. She stated that the grant requires a $148,000 cash match from the City, however the City would have one year to raise the funds. She further stated that New York State requires a re-affirmation of plans every five years. Extensive discussion followed on the floor regarding the financial status of the City and the availability of staff to seek private donations for the matching funds. Amending Resolution: By Alderperson Peterson: Seconded by Alderperson Mack RESOLVED, That the last Resolved clause of the Resolution be removed. Ayes (7) Manos, Sams, Vaughan, Blumenthal, Mack, Peterson, Hershey Nays (3) Whitmore, Cogan Pryor Carried Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (5) Sams, Blumenthal, Mack, Peterson, Hershey Nays (5) Manos, Pryor, Whitmore, Vaughan, Cogan Mayor Cohen voted Aye breaking the tie. Carried 2.The 1987 Stewart Park Preservation Goals and Guidelines Reaffirmation - Resolution By Alderperson Whitmore: Seconded by Alderperson Manos WHEREAS, the City of Ithaca is applying to the New York State Office of Parks Recreation and Historic Preservation for a grant under the Environmental Protection Act to fund the rehabilitation of the Cascadilla Boathouse in Stewart Park, and WHEREAS, the rehabilitation of the Cascadilla Boathouse is specifically noted as a goal of the Stewart Park 1987 Preservation Goals and Guidelines, and WHEREAS, the Stewart Park 1987 Preservation Goals and Guidelines details a preservation approach that entails a range of treatments including rehabilitation, adaptive use, restoration, reconstruction and maintenance, with the primary focus on rehabilitation, and WHEREAS, the Stewart Park 1987 Preservation Goals and Guidelines demonstrates that the Cascadilla Boathouse rehabilitation project is consistent with local plans and planning documents, and June 4, 2003 6 WHEREAS, the Stewart Park 1987 Preservation Goals and Guidelines is a document that was adopted by the Common Council in February 1988, and WHEREAS, guidelines of the Environmental Protection Fund grant program require that local governments reaffirm planning documents greater than five years old if they are to be cited in the grant application, now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby reaffirms the Stewart Park 1987 Preservation Goals and Guidelines. Carried Unanimously 10.1B. Six Mile Creek Walk 1.The Downtown Design Plan, Ithaca, NY Reaffirmation Resolution By Alderperson Manos: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca is applying to the New York State Office of Parks Recreation and Historic Preservation for a grant under the Environmental Protection Act to design and construct a creekwalk along Six Mile Creek from Cayuga Street to Meadow Street, extending the promenade planned for the Cayuga Green project, and WHEREAS, the Six Mile Creek Promenade is specifically noted as a project of the Downtown Design Plan, Ithaca, NY, which was prepared by Roger Trancik and others in 1992, and WHEREAS, the Downtown Design Plan, Ithaca, NY was adopted and amended to the City of Ithaca Comprehensive Plan by the Common Council in April 2, 1997, and WHEREAS, guidelines of the Environmental Protection Fund grant program require that local governments reaffirm planning documents greater than five years old if they are to be cited in the grant application, now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby reaffirms the Downtown Design Plan, Ithaca, NY. Carried Unanimously 2.Declaration of Lead Agency for the 2003 Environmental Protection Fund/Land and Water Conservation Fund: Six Mile Creek Walk – Resolution By Alderperson Manos: Seconded by Alderperson Sams 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 acquisition of properties in the Six Mile Creek watershed for the grant application under the Environmental Protection Fund or the federal Land and Water Conservation Fund is a "Type 1” Action pursuant to the City of Ithaca Environmental Review Ordinance and an “Unlisted” Action pursuant to the New York State Environmental Quality Review Act, which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it June 4, 2003 7 RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review for the proposed creekwalk along Six Mile Creek from Cayuga Street to Meadow Street. Carried Unanimously 3.Authorization for a Grant Submission for Environmental Protection Fund or Land and Water Conservation Fund for Six Mile Creek Walk - Resolution By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation has announced the availability of grant applications under the Environmental Protection Fund and the federal Land and Water Conservation Fund, and WHEREAS, Common Council is desirous of submitting an application to assist in the design and construction of a creekwalk along Six Mile Creek between Cayuga and Meadow Streets, now, therefore, be it RESOLVED, That H. Matthys Van Cort, as Director of Planning & Development for the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation, and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $350,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for design and construction of a creekwalk along Six Mile Creek and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Carried Unanimously 4.Declaration of Lead Agency for the 2003 Environmental Protection Fund/Land and Water Conservation Fund: Acquisition of Properties in the Six Mile Creek Watershed – Resolution By Alderperson Manos: Seconded by Alderperson Peterson 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 acquisition of properties in the Six Mile Creek watershed for the grant application under the Environmental Protection Fund or the federal Land and Water Conservation Fund is a "Type 1” Action pursuant to the City of Ithaca Environmental Review Ordinance and the New York State Environmental Quality Review Act, 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 for the proposed acquisition of properties in the Six Mile Creek watershed. Carried Unanimously June 4, 2003 8 5.Authorization for a Grant Submission for Environmental Protection Fund or Land and Water Conservation Fund – Watershed - Resolution By Alderperson Manos: Seconded by Alderperson Peterson WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation has announced the availability of grant applications under the Environmental Protection Fund and the federal Land and Water Conservation Fund, and WHEREAS, Common Council is desirous of submitting an application to assist in the acquisition of properties in the Six Mile Creek watershed for watershed and viewshed protection, now, therefore, be it RESOLVED, That H. Matthys Van Cort, as Director of Planning & Development for the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation, and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $165,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for acquisition of properties in the Six Mile Creek watershed and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Carried Unanimously 10.2 Sign Ordinance A. Declaration of Lead Agency for the Adoption of the Revised Sign Ordinance - Resolution By Alderperson Manos: Seconded by Alderperson Peterson 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 adoption of the revisions to the City Sign Ordinance is 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 adoption of the revised City Sign Ordinance. Carried Unanimously B. Determination of Environmental Significance - Resolution By Alderperson Manos: Seconded by Alderperson Hershey WHEREAS, the City of Ithaca is proposing to adopt a revised City Sign Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Forms (LEAF), and WHEREAS, the revised City Sign Ordinance has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and June 4, 2003 9 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 of the City of Ithaca, acting as Lead Agency, reviewed the LEAF prepared by planning staff and has determined that adoption of the revised City Sign Ordinance will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Long Environmental Assessment Form, and be it further RESOLVED, That this Common Council, as lead agency in this matter, 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. Carried Unanimously 10.2C An Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, regarding Signs City Attorney Schwab explained that Section 2 of the Ordinance entitled “Severability” was omitted in error, and requested that it be inserted into the proposed Ordinance. She further noted that the proposed numbering of sections in Chapter 325 was not correct, and suggested that the text remain in Chapter 272 of the City of Ithaca Municipal Code, entitled “Signs”, until further revisions are completed. No Council members objected to the non-substantive changes that were recommended by the City Attorney. Discussion followed on the floor with members of Council requesting an Advice of Counsel Session. Common Council reconvened into regular session. Extensive discussion followed on the floor regarding the proposed size and color schemes of advertising signs for rental properties. Alderperson Pryor made a motion to move the Sign Ordinance with the omission of Section 272-6(A)1. Alderperson Sams seconded the motion. The proposed language in Section 272-6(A)1 will return to committee for further discussion. Adoption of Sign Ordinance: By Alderperson Pryor: Seconded by Alderperson Sams WHEREAS, the intent of the City of Ithaca Sign Ordinance is to establish the guidelines for size, content, and setback requirements for which signs may be placed on private property within the City limits, WHEREAS, the guidelines of the ordinance are intended to address the needs of the growing community, while maintaining the desirable look and feel of the area, and WHEREAS, the City of Ithaca Common Council recognizes that the ordinance has not been revised in some time and many of the newer zones are not included in the language, and June 4, 2003 10 WHEREAS, staff from both the Planning and Building Departments reviewed the existing City Sign Ordinance over the course of several months and drafted the proposed ordinance, which includes all of the new City zones, as well as addressing concerns that were raised from the county Planning Department and the Planning and Economic Development Committee, and WHEREAS, staff also proposed minor text changes to the City Site Plan Review Ordinance, and WHEREAS, the draft ordinances were reviewed by the County Planning Department, the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the required public hearing has been held for the adoption of the Ordinance on June 4, 2003, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on June 4, 2003, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary; now, therefore ORDINANCE 2003-___ 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, Chapter 272 entitled “Signs” is hereby amended as follows: § 272-1. Purpose and intent. The purpose of this chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to improve communications within the community, to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty of designated areas and to provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, to provide more open space and to curb the deterioration of natural beauty and community environment. § 272-2. Title. This chapter shall hereafter be known and cited as the "Sign Ordinance of the City of Ithaca." § 272-3. Definitions. As used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated: AWNING – An overhead structure attached to a building wall and that consists of fabric or other material covering a frame extending at least twelve inches (12”) from the face of a building. BANNER—A temporary sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. A. ADVERTISEMENT BANNER—Any banner intended to act as signage to advertise a specific business or the sale of a specific product or not-for-profit sponsored community event or service. June 4, 2003 11 B. DECORATIVE BANNER—Cloth banners designed for long-term use that are not intended to act as signage to advertise a specific business or the sale of a specific product. Decorative banners may, however contain sponsor tags, if they are part of a formally approved program by the Public Art Commission. BILLBOARD -- Any freestanding sign that advertises business conducted, services provided or products sold on properties other than the property on which the sign is erected. BUILDING SIGN [Added 8-3-1977 by Ord. No. 77-8] -- Any sign erected on any part of a building or structure or on a sign structure attached to a building. For the purposes of this chapter, a freestanding sign or sign structure, any part of which is less than five (5) feet away from a building or structure on the same premises, shall be considered a building sign. Building signs are further defined as follows: A. AWNING SIGN – A sign that is painted, printed, or stenciled onto the surface of an awning. B. CANOPY SIGN – A sign that is painted, printed, or stenciled onto the surface of a canopy. C. FASCIA SIGN -- A sign erected or painted on the horizontal fascia or eave trim of a roof, including signs in the filled-in portion of any roof gable. Such signs shall not extend beyond any edge of the surface on which they are mounted. D. PERMITTED ROOF SIGN -- A sign erected on the roof of a building or structure in such a manner that, when viewed from any public right-of-way giving access to the premises, no part of the sign or its supporting structure projects above the roof ridge, beyond its hips or edges nor below the eave line nor more than eighteen inches (18”) beyond the plane of the wall below. Roof signs are permitted provided they do not extend four (4) feet beyond the height of the lowest portion of the roof. E. WALL SIGN -- A sign fastened, painted or otherwise erected on the wall of a building so that the wall becomes the sign's supporting structure and wholly or partially forms its background. F. WINDOW SIGN -- A permanent sign affixed to a window surface or in front of or behind a window in such a manner that the window acts as its frame or background. CANOPY—A canopy is a roof-like structure that shelters a drive lane use such as, but not restricted to, a gasoline pump island. A canopy is open on two or more sides and may be supported by either columns or by being attached to the building to which it is accessory. DIRECTIONAL SIGN -- A small ground-mounted sign, the purpose of which is to direct traffic safely into and out of the premises. Any directional signs that are affixed to an exterior wall of the building will be considered building signs and will be calculated as part of the total allowable building signage. See Section 272-5. [Added 8-3-1977 by Ord. No. 77-8] FREESTANDING SIGN [Amended 8-3-1977 by Ord. No. 77-8] -- Any sign or sign structure not attached to the exterior of a building or other structure and no part of which extends closer than five (5) feet to such building or other structure on the same premises. Freestanding signs or sign structures, any part of which is closer than five (5) feet to a building or other structure on the same premises, shall be classified as building signs. Freestanding signs are further defined as follows: A. POLE SIGN -- A sign or signs mounted on a freestanding sign structure consisting of one or more poles, columns or piers, none of which supporting members shall exceed eighteen inches (18”) in any horizontal dimension between two (2) feet and eight (8) feet above grade level. B. MONUMENT SIGN -- A sign or signs mounted, painted on or fastened to a freestanding wall, pier or other sign structure, of which any horizontal June 4, 2003 12 dimension of a structural member exceeds eighteen inches (18”) between two (2) feet and eight (8) feet above grade level. FRONT OR FACE OF A BUILDING -- The outer surface of a building, including the outer and inner surface of windows thereon, visible from any private or public street or highway. HISTORIC SIGN -- An existing exterior sign erected prior to 1950 which may or may not refer to an occupant, business, service or product currently or previously existing or offered on the premises on which the sign is located or within the city. Historic signs shall not be limited to sites designated as local landmarks. Historic signs are distinguished by one or more of the following characteristics: design; decorative character; age; historic relationship to persons, places, activities or products of the city; or their representation of early advertising techniques or sign technology, including the use of materials, techniques and devices no longer in common use for signage, such as but not limited to Carrara glass, painting directly on building surfaces and exposed neon tubing. The term shall include reproductions of original signs as provided further in § 272-15 below. [Added 7- 11-1979 by Ord. No. 79-7] ILLUMINATED SIGN -- Any sign illuminated by electricity, gas or other artificial light, including but not limited to reflective or phosphorescent light originating from outside the body of the sign or from within or behind it. INFORMATIONAL SIGN -- Any sign whose purpose is to inform the public of safety hazards, of property use regulations or of the location of specific activities on the premises. Any informational signs that are affixed to an exterior wall of the building will be considered building signs and will be calculated as part of the total allowable building signage. [Added 8-3-1977 by Ord. No. 77-8] LIGHTING DEVICE -- Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign face from the exterior or to illuminate a sign from its reverse side. MURAL -- A picture, design or decorative treatment painted on or otherwise affixed to and covering a large portion of a wall surface, including sculpture and sculptural treatments of solid elements for the purpose of this definition. Murals may be erected on any wall of a structure. Signage and advertising may be erected in conjunction with murals. Murals erected in conjunction with signage shall not be considered signs for the purpose of this chapter if such murals are clearly separate from the signage and the content and design of the mural does not overtly represent specific goods, services or activities offered for sale. Generalized depictions of types of goods; commonly used symbols other than trademarks, brand names and logos; and scenes which do not specifically illustrate commercial activity may be allowed in murals. Graphic, pictorial or representational material which is clearly subordinate to signage, which is contained within a sign or which forms a design element integral to a sign shall be considered to be signage rather than a mural and shall be counted as part of the signage for the premises on which it is located. [Added 9-1-1982 by Ord. No. 82-7] PORTABLE SIGN or MOBILE SIGN -- [Amended 8-3-1977 by Ord. No. 77-8] Any sign or sign structure, other than a window sign, that is not permanently affixed to a building, structure or the ground, but not including advertising on motor vehicles. PROJECTING SIGN -- Any sign that projects from the exterior of any building. SHOPPING PLAZA – Any group of two or more stores which share a common vehicular entrance or entranceways and common off-street parking. SIGN [Amended 9-1-1982 by Ord. No. 82-7] -- Any material, symbol, emblem, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including exterior and interior window surfaces, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, Deleted: ground-mounted June 4, 2003 13 projecting signs or grounds signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public. A. The term "sign" includes signs related and unrelated to a business or profession or to a commodity or service sold or offered upon the premises where such sign is located. B. For the purposes of this chapter, the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation, nor does it include flags, emblems or symbols of a nation, governmental body or school, nor memorial tablets or historical markers, nor does it include murals, as defined above. SIGN AREA -- The surface area of a sign that is within view of a public right-of- way, visible from any one point of view. For measurement purposes, the sign surface area shall be calculated as follows: A. For rectangular wall signs: that area of the smallest rectangle that can be placed over the entire sign, including its lettering, pictorial matter or devices, frame and decorative moldings along its edges and background, if of a different color than the predominant color surrounding the sign. [Amended 8- 3-1977 by Ord. No. 77-8] B. For irregular wall signs: that area defined by the edges of the sign, including all lettering, pictorial matter or devices, frame and decorative moldings and background, if of a different color than the predominant color surrounding the sign. [Amended 8-3-1977 by Ord. No. 77-8] C. For letters, pictorial matter or devices not attached to frames or freestanding: that area defined by the smallest rectangle or rectangles that can be placed over any series of letters pictorial matter or devices which can be considered as a unit. In the event that both uppercase and lowercase letters are used, the area shall be defined by the smallest rectangles that can be placed over the series of lowercase letters plus the area of the smallest rectangles that can be placed over the individual uppercase letters. In the event that a letter or letters or other pictorial matter is placed as a separate unit on background boards, the sign area shall be calculated as the sum of the areas of the background boards. [Amended 8-3-1977 by Ord. No. 77-8] D. For freestanding double-faced signs: the area of one entire side of the sign calculated as above. E. For multiple-sided signs: the maximum area visible from any one point of view. G. For signs on other than flat surfaces: the maximum actual surface area visible from any one point of view. SIGN STRUCTURE -- Any structural framework or base intended to support a sign or signs, but not including the sign, sign frame or background. Sign structures whose separate nature and purpose as support for signage is apparent shall not be counted as part of the sign area permitted by this chapter, but any sign structure or portion thereof which, by shape, material, color or other means, serves as a sign box, frame or background or which serves to identify the premises, its proprietors or owners or the products, services or activities provided on the premises shall be considered a sign as defined above. [Added 8-3-1977 by Ord. No. 77-8] TEMPORARY SIGN – Any sign constructed of cloth, paper, canvas, plastic or light fabric, wallboard or other light, impermanent material with or without frames intended to be displayed for a limited period of time only. [Added 8-3-1977 by Ord. No. 77-8] TO ERECT -- To build, construct, alter, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs. June 4, 2003 14 § 272-4. General regulations. [Amended 8-3-1977 by Ord. No. 77-8] The prohibitions contained in this section shall apply to all signs and all use districts, regardless of designation, of the City of Ithaca, unless otherwise provided herein: A. Types of Signs. 1. Projecting signs. No sign shall be erected or maintained in which any portion of the sign or its supporting structure projects a horizontal distance of more than eighteen inches (18”) from the surface to which the sign or sign structure is attached, except as provided in § 272-15 below. [Amended 7-11-1979 by Ord. No. 79-7] 2. Overhead signs. No sign shall be supported or attached, wholly or in part, over or above any wall, building or structure, except as otherwise provided in below for canopy, marquee or awning signs, which may not project beyond any edge of the building or structure to which the awning, canopy or marquee is attached, and except as otherwise provided for ground signs and sign structures and for permitted roof signs. 3. Canopy, awning, and marquee signs. Signs on the front or sides or affixed to the top edge or bottom surface of a marquee, canopy, awning or sunscreen shall be counted as part of the total area and number of signs permitted the premises under this chapter and shall be subject to computation of area and payment of fees as covered in this chapter. Such signs shall not project more than eighteen inches (18”) from the surface to which they are attached nor extend beyond any edge of such surface, except that signs affixed to the top edge of a marquee or similar structure shall not project beyond the front of the side face above which it is mounted; and except further that such marquee signs may be more than eighteen inches (18”) tall, provided that they do not project visually above the top of the building facade or roof ridge when viewed from the public right-of-way.(See Chapter 170, Encroachments) [Added 8-3-1977 by Ord. No. 77-8] B. Encroachments. Signs may be mounted on structures or portions of structures which form encroachments, provided that if such signs form an additional encroachment, they shall be subject to the provisions of Chapter 170, Encroachments, of this Code in addition to the payment of required sign permit fees. [Added 8-3-1977 by Ord. No. 77-8] C. Pedestrian Hazard. All signs or other advertising structures, which are erected at any point where pedestrians might be endangered, shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude there from. D. Wind Pressure and Dead Load Requirements. All signs shall be designed and constructed to withstand wind pressure to receive loads as required by the Building Code. E. Site Plan. Whenever a site plan is required to be filed, the site plan shall show the proposed location of any signs to be erected on the property and shall define the size and height of the signs with dimensions and elevation views as well as the street and driveway visibility. Deleted: Signs affixed to the underside of a marquee or similar structure shall maintain a clearance of at least seven (7) feet above grade or sidewalk level and shall not project more than four (4) feet from the building. June 4, 2003 15 § 272-5. Prohibited signs. A. The following signs shall be prohibited in all zones of the city: 1. Any sign which violates any provision of law or code of the State of New York or of the United States; 2. Any sign which obstructs a door, fire escape or building opening intended for light, air or access to a building; 3. Any sign of which all or any part is in motion by any means, including fluttering, rotating or other moving signs set in motion by movement of the atmosphere; 4. Any sign displaying flashing or intermittent lights or lights changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not more than five-second cycles when such time or temperature sign does not constitute a public safety or traffic hazard in the judgment of the City building commissioner; provided, however, that no such sign shall be permitted in any historic district; 5. Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or direction or other public information; 6. Any sign that uses the words "stop," "danger," "slow,” "caution," “warning,” "yield," "go," or otherwise presents or implies the need or requirement of stopping or caution, or the existence of danger, or which is likely to be confused with any sign displayed by public authority or any sign that imitates or resembles an official traffic sign or signal, except for private, on-premise directional signs. 7. Any sign or illumination that causes any direct glare into or upon any building other than the building to which the sign may be related, or any sign whose level of intensity exceeds the average ambient levels in the immediate area; 8. All displays which are not shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such manner as to interfere with or obscure an official traffic sign or signal. 9. Any billboards or portable or mobile signs. § 272-6. Signs permitted in all districts. A. Permit not required. The following signs are permitted in any use district without a permit, as noted: [Amended 8-3-1977 by Ord. No. 77-8] 2. Any temporary political posters, which signs shall not exceed fifteen (15) square feet in area, except in residential districts, where said signs shall not exceed five (5) square feet. 3. Nameplates, not self-illuminated, denoting the names and/or address of the occupants of the premises, not exceeding one hundred forty-four (144) square inches per occupant. 4. Signs denoting the architects, engineers and/or contractors placed on premises where construction, repair or renovation is in progress, not exceeding one (1) sign per premises and not exceeding five (5) square feet in area in residential zones and fifteen (15) square feet in area in all other zones; provided, however, that such signs shall be removed immediately upon completion of the project. 5. Directional entrance/exit signs on premises, each not exceeding six (6) square feet in area, nor three (3) feet in height from grade, and no part of such signs or supporting structures may extend closer than eighteen (18”) inches to any public right-of-way. One each "in" and "out" signs are permitted per curb cut serving premises in B-5, SW-1, SW-2, and SW-3 Districts, and the "in" sign may bear one word or symbol identifying the business (such as "Smith's" or "Gulf") occupying the premises in lieu of June 4, 2003 16 "in," "enter," etc., which identifier may not cover more than 25% of the total area of the directional sign. 6. Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin board shall not exceed twenty-five (25) square feet in area and shall be located on the premises of such institutions. 7. Murals. [Added 9-1-1982 by Ord. No. 82-7] (a) Where any part of a mural will be visible from a public way, a description and a drawing of the proposed mural shall be submitted to the Building Commissioner for a determination as to whether such mural, or any part thereof, would constitute signage within the meaning of the definitions of "mural" and "sign" in § 272-3 above. The description submitted shall fully explain the proposal in terms of size, location on the property, graphic/pictorial content and relationship to any signage existing or proposed for the property to aid the Building Commissioner in making his/her determination. (b) Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 325, Zoning, § 325-42, Design review, or Article VIII, Courthouse Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code or facing such property, the Building Commissioner shall notify the Design Review Board, the Public Art Commission and/or the Landmarks Commission, as applicable, for their information and any appropriate action and shall so inform the applicant. (c) Upon determination by the Building Commissioner that a proposed mural does not constitute signage, murals not subject to further review as indicated above may be erected without permit or fee. Murals or any part thereof which are determined to be signage shall be subject to the provisions of this chapter for signs. B. Permit required. The following signs require a permit as provided herein: 1. Residential Zones. For properties with up to fifty (50) feet of building frontage, any sign advertising the name of a building or a commercial enterprise, including real estate developments or subdivisions, permitted in a district zoned residential by any zoning regulation shall not exceed five (5) square feet in area and shall advertise only the name of the building, owner, trade names, products sold and/or the business or activity conducted on the premises where such sign is located, provided that no more than one sign shall be allowed for each such residential, business or commercial activity conducted on the premises, and it shall in all respects conform to the provisions of this chapter respecting signs permitted for establishments in business districts. For properties with more than 50 feet of building frontage, such signs shall not exceed twelve (12) square feet. 2. Commercial Zones. For any commercial building in any zone except the SW-1, SW-2, SW-3, WEDZ-1a, B-5, or the I-1 zone may have a total sign area not to exceed one and one half (1.5) square feet of signage to every one (1) linear foot of building frontage. Within the total allowable signage each place of business may have no more than one (1) freestanding sign or structure erected for the purpose of advertising a business, products and/or services, with a maximum height of twenty-two (22) feet, including framework. No individual sign may exceed a maximum square footage of fifty (50) square feet. In lieu of one (1) freestanding sign a business is allowed two (2) wall signs. Such wall signs shall not exceed a total of fifty (50) square feet each. (a) Exception. In all districts except residential, where a structure or building has frontage on more than one street, public highway or waterway, one sign attached, painted on or applied to the front or face of said structure or building shall be permitted facing each street, public highway or waterway frontage, within the overall Deleted: A June 4, 2003 17 allowance for number of signs and total sign area for the Zoning District and use type as specified in this chapter, which maximums shall apply to the premises as a whole. [Amended 8-3-1977 by Ord. No. 77-8] (b) Any sign advertising the name of a residential building, including real estate developments or subdivisions, permitted in a district zoned commercial shall not exceed twelve (12) square feet in area and shall advertise only the name of the building, provided that no more than one sign shall be allowed for each such residential activity conducted on the premises, and it shall in all respects conform to the provisions of this chapter respecting signs permitted for establishments in business districts. In cases where signs advertising residential uses are located on buildings which combine commercial and residential uses in the same structure, such signs shall be included within the overall allowance for total sign area for the Zoning District as specified in this chapter, which maximums shall apply to the premises as a whole. 3. Temporary signs, as provided further under § 272-7 below. 4. Historic signs, as provided further under § 272-15 below. [Added 7-11- 1979 by Ord. No. 79-7] § 272-7. Signs permitted in the SW-1, SW-2, SW-3, WEDZ-1a, B-5zones. A. In districts zoned SW-1, SW-2, SW-3, WEDZ-1a, B-5, or I-1 by the Zoning Ordinance of the City of Ithaca, New York, no signs shall be erected or maintained, except as follows: 1. Freestanding businesses may have one freestanding sign not to exceed one half (.5) a square foot to every one (1) linear foot of the building frontage occupied by the business and not to exceed seventy-five (75) square feet in area, a width of twelve (12) feet, and not to exceed a maximum height of twenty-two (22) feet, including the framework. In addition the freestanding business may have building signs not to exceed one and one half (1.5) square feet of sign area to every one (1) linear foot of building frontage or of building frontage occupied by each business conducted on the premises, the total of both freestanding and building signs not to exceed a total area of two-hundred and fifty (250) square feet. See below for setback bonus information. 2. Shopping Plazas may have one (1) freestanding sign structure located on the property at each major entrance to the Shopping Plaza at a location approved by the Planning and Development Board as a part of the site plan review process, in accordance with Section 276-7(3)b of the City Code. No freestanding sign structure shall exceed a maximum height of thirty (30) feet and maximum sign area width of twelve (12) feet. Each individual business within a shopping plaza may have a maximum sign area on the freestanding structure of one half (.5) a square foot of sign to every one (1) linear foot of the building frontage occupied by that business. In addition each business within a shopping plaza may have building signs that do not exceed one and one half (1.5) square feet of sign to every one (1) linear foot of building frontage occupied by the business and not to exceed total area of two-hundred and fifty (250) square feet. See below for setback bonus information. (a) Wall Sign Setback Bonus: Wall signs that are setback from the public street right-of-way over one hundred and fifty feet (150’) can increase the maximum primary wall signage size by 25%, and increase it an additional 25% for every additional one hundred feet (100’) of setback; up to a maximum of 200% of the allowed sign area at four hundred and fifty feet (450’). The setback shall be measured from the center point of the building frontage perpendicular to the center line of the public right of way. Formatted Formatted: Bullets and Numbering June 4, 2003 18 Over 150’ linear feet setback, 125% of allowed sign area, or a maximum of 312.50 square feet, whichever is less, Over 250’ linear feet setback, 150% of allowed sign area, or a maximum of 375 square feet, whichever is less, Over 350’ linear feet setback, 175% of allowed sign area, or a maximum of 437.50 square feet, whichever is less, Over 450’ linear feet setback, 200% of allowed sign area, or a maximum of 500 square feet, whichever is less* *Under no circumstances shall the primary wall signage exceed five hundred (500) square feet regardless of wall size or increased setbacks, nor shall any one wall sign exceed a total of two hundred fifty (250) square feet. (b) Filling Stations. Filling Stations located within a Shopping Plaza may have two (2) wall signs or two (2) canopy signs or a combination of one (1) wall sign and one (1) canopy sign. No individual sign may exceed fifty (50) square feet, with the total signage not to exceed 100 square feet. In addition, filling stations may have a maximum of two (2) price signs not to exceed fifteen (15) square feet each. (c) Directional Signs. One directional sign may be erected per interior access road intersection within a shopping plaza. Each sign may not exceed fifteen (15) square feet in area. 3. Exception. Where a structure or building has frontage on more than one public or private street, highway or waterway, one sign attached, painted on or applied to the front or face of said structure or building shall be permitted facing each street, highway or waterway frontage, as provided in section 272-5 B2(a) above. [Amended 8-3-1977 by Ord. No. 77-8] § 272-8. Temporary signs. [Amended 8-3-1977 by Ord. No. 77-8] A. Permit required. No person or sponsoring organization which is commercial or otherwise profit-making shall place or cause to be placed any sign of a temporary nature without first obtaining a permit as hereinafter provided. Permit fees are waived for all legal not for profit organizations. B. Exemptions. Temporary signs advertising an event for less than ten (10) days are exempt from the permit requirement, provided that the sign be removed immediately following the event. Signs temporarily advertising the sale, lease or rental of the premises upon which the sign is located, temporary political posters, and signs denoting the architects, engineers and/or contractors placed on premises where construction, repair or renovation is in progress are also exempt from the permit requirement, as provided in § 272-5 above. Decorative cloth banners designed for long-term use, reviewed by the Public Art Commission and as approved by the Building Department are exempt from the permit time period. However, should the banner become damaged or severely worn, it must be removed immediately. C. Time periods. Signs of a temporary nature may be erected with a permit for a period not exceeding sixty (60) days, provided that the consent of the property owner or occupant is obtained and that such signs are not attached to trees, utility poles or the like and that such signs are not placed in such a position as may obstruct or impair vision or traffic or in any manner create a nuisance, hazard or disturbance to the health and welfare of the general public. All such sign permits must identify the name and address of the sponsoring person or organization and the name of a person responsible for their removal at the expiration of the sixty (60) day period. Such permits may be renewed no more than once a year for an additional thirty (30) day period. A temporary sign will not be re-permitted for more than two (2) consecutive time periods, regardless of whether or not it remains in the same location. D. Exception for B-5, SW-1, SW-2, and SW-3 Zones. In B-5, SW-1, SW-2, and SW-3 Zones, no temporary signs shall be placed anywhere on a premises except in a window, and in no case shall the total combined area of Deleted: , such as banners, promotional devices and other signs of a similar nature, Deleted: fences, Deleted: s June 4, 2003 19 permanent and temporary signs in a window exceed fifteen percent (15%) of a window's area. § 272-9. Setbacks. [Amended 8-3-1977 by Ord. No. 77-8] A. In all zones except B-5, SW-1, SW-2, and SW-3, no freestanding sign or sign structure shall be erected or maintained in such a manner as to project over or above any street, public highway or waterway, nor shall any such freestanding sign be erected or maintained in such a manner as to project within eighteen inches (18”) of a public or private right-of-way or the inner edge of a public highway, sidewalk or waterway. Said signs or sign structures shall be set back at least ten (10) feet from any public highway or street right- of-way. Side yard and rear yard setbacks shall be no less than those required for structures or buildings in the Zoning Ordinance of the City of Ithaca, New York, and for the zoning district in which the property is located. B. In SW-1, SW-2, and SW-3 Zones, freestanding signs or sign structures must be set back at least ten (10) feet from any public right-of-way. No part of a freestanding sign shall project closer than five (5) feet to any public right-of- way or to any property line nor closer than eighteen inches (18”) to any private right-of-way or to the edge of any access to the premises. C. In B-5 Zones, pole signs must be set back at least ten (10) feet from any public right-of-way. Ground signs in B-5 Zones shall be set back not less than fifteen (15) feet from any public right-of-way or from the edge of any access drive to the premises. No part of any freestanding sign shall project closer than five (5) feet to any public right-of-way or to any property line nor closer than eighteen inches (18”) to any private right-of-way or to the edge of any access to the premises. Side and rear yard setbacks shall be no less than those required for buildings and structures in the B-5 Zone. § 272-10. Permit required. Except as otherwise herein provided, no person shall erect any sign, as defined herein, without first obtaining a permit from the Building Commissioner. § 272-11. Application for permit. A. Application for the permit shall be made to the Building Commissioner, in writing, in duplicate, upon forms prescribed and provided by the Building Commissioner, and shall contain the following information: 1. The name, address and telephone number of both the applicant and the owner of the property on which the sign is to be located. 2. The location of the building, structure or land to which or upon which the sign is to be attached or erected. 3. A detailed drawing or blueprints showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; and a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public street or highway. 4. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected in the event that the applicant is not the owner thereof. 5. A copy of any required or necessary electrical permit issued for said sign or a copy of the application for such permit 6. Such additional information as the Building Commissioner may reasonably require in order to carry out the intent of this chapter. § 272-12. Permit fees. A. [Amended 2-4-1998 by Ord. No. 98-6] The following fees shall be paid to the City of Ithaca, New York, upon filing of an application for a sign permit: June 4, 2003 20 Sign Area (square feet) Fee Per Sign 0 to 50 $50 51 to 100 $100 101 to 150 $150 151 to 200 $200 201 to 250 $250 251 to 300 $300 301 to 350 $350 351-400 $400 401-450 $450 451-500 $500 For each additional square foot of signage allowed by variance, the cost shall be $500 + $10 per each additional square foot. B. For the purpose of establishing the fee, the calculated square-foot area of the sign shall be rounded to the nearest whole square foot. § 272-13. Issuance, expiration and renewal of permit. A. Building Commissioner to investigate and issue permit. It shall be the duty of the Building Commissioner, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him/her with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the City of Ithaca, New York, the Building Commissioner shall then, within fifteen (15) days, issue a permit for the erection of the proposed sign. B. Expiration and renewal. If the sign authorized under any such permit has not been fully erected within six (6) months from the date of the issuance of such permit, the permit shall become null and void. § 272-14. Conformance required; maintenance; revocation of permit. A. Erection. No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this chapter. Alterations shall include any modification to a sign other than minor corrections to information, ie. changes in phone numbers. B. Maintenance. Notwithstanding any provisions contained herein, the sign must be kept clean, in neat order and repair and free from all hazards, such as but not limited to faulty wiring and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. C. Revocation for failure to correct violation. In the event of a violation of any of the foregoing provisions, the Building Commissioner shall give written notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within sixty (60) days from the date of said notice. In the event that such sign shall not be so conformed within sixty (60) days, the Building Commissioner shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign or the named owner of the land within thirty (30) days after receipt of notice of permit revocation. D. Removal of Signs. Property Owners are responsible for removing signs of businesses that have closed and must remove signs within sixty (60) days of the tenant vacating the premises. June 4, 2003 21 § 272-15. Unsafe or dangerous signs. If the Building Commissioner shall find that any sign regulated by this chapter is unsafe or insecure or is a menace to the public, he/she shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within fourteen (14) days from the date of said notice. If said sign is not removed or repaired, the Building Commissioner shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building Commissioner may cause any sign, which is a source of immediate peril to person or property or any temporary sign not removed at the expiration of thirty (30) days to be removed summarily and without notice. § 272-16. Historic signs. [Added 7-11-1979 by Ord. No. 79-7] Historic signs in any zoning district shall be exempt from the requirements to conform, and from other requirements of this chapter, provided that an approved historic sign permit is obtained in accordance with the following: A. Procedure. 1. Requests for retention of signs which are felt to be historic may be made to the Building Commissioner by the owner of the property on which such sign is located, by the owner's agent or by any other party with the owner's consent and shall be made in writing. Each such request shall be accompanied by a statement outlining the reason for the request, including written or pictorial information documenting the sign's history, original and current purpose, colors and other relevant details which may be helpful in evaluating the request. 2. Upon receipt of a completed request form and supporting documentation, the Building Commissioner shall refer the applicant to the Landmarks Commission for a determination as to whether the sign is historic. Upon receipt of a determination from the Landmarks Commission, the Building Commissioner shall determine whether the sign is related directly to uses currently existing on the premises and, if so, shall proceed as if it were a regular sign permit application, subject to the following: (a) Signs determined by the Landmarks Commission to be historic shall be permitted in addition to conforming signage currently existing on the premises but shall be counted in computing the amount of signage permitted on the premises in the event that additional signs are applied for. Nonconforming, non-historic signage on the premises shall be treated as provided in § 272-14 and shall not preclude approval of historic signs. (b) Consistent with considerations of safety, such signs shall be permitted to retain their original size, shape, location, method of attachment, illumination, projection from building surface and other characteristics. Modifications thereto for any purpose shall respect the character and appearance of the original sign, and the reasons for such modification shall be clearly explained in the application. (c) If such sign would be in any respect nonconforming to the provisions of this chapter, it shall be referred to the Board of Zoning Appeals for approval. 3. Historic signs which are clearly unrelated to existing uses of the premises and which conform in all other respects to the requirements of this chapter may be approved without referral to the Board of Zoning Appeals, and shall not be counted against the signage permitted on the premises so long as they remain functionally unrelated to existing uses thereon. Historic signs forming an integral part of the original design or ornament of a building shall not be required to be removed, conformed or obliterated in order to comply with the terms of this chapter but shall be reviewed as provided by this subsection. June 4, 2003 22 B. Signs on landmark sites. Signs on sites designated as local landmarks shall be referred to the Landmarks Commission for a determination and a certificate of appropriateness before approval action by the Building Commissioner or Board of Zoning Appeals. Signs on sites designated as having state or national historic significance but not locally designated shall be referred to the Landmarks Commission for determination as to whether they are historic and shall be governed by applicable regulations. C. Maintenance, repair, alteration and restoration. 1. Approved historic signs shall be maintained in accordance with the provisions of this chapter and other applicable regulations. Approval of an historic sign permit shall bear with it the responsibility of the owner of the sign to maintain and rehabilitate the sign to a state as close to the original condition and appearance as feasible, including the restoration of exposed neon-type illuminating systems to operation. Replacement of original visible components with substitutes to retain the original appearance shall be permitted, provided that such replacements accurately reproduce the size, shape, color and finish of the original. 2. Alterations or repairs to historic signs shall be accomplished using materials which match original materials as closely as possible and which, in any case, are compatible with the original. Historic signs which are severely damaged or deteriorated or which are for other good reason impractical to rehabilitate or repair in their existing condition, including signs remaining basically intact in their original location which have been partly obscured by over-painting or weathering or which have been covered by subsequent building remodeling, may be reproduced in a format as closely matching the original as possible and may be relocated or erected in a position near the original location, consistent with the other provisions of this chapter and with consideration of aesthetics. Alterations, reproductions or relocations of historic signs shall be referred to the Landmarks Commission for approval or a certificate of appropriateness. 3. In the event that a historic sign is not rehabilitated or maintained in accordance with the terms of this subsection within one year of the issuance of a historic sign permit, the Building Commissioner shall be authorized to require its maintenance, repair or removal as provided in §§ 272-14 and 272-15. § 272-17. Duty and authority of Planning and Development Board. The Planning and Development Board shall advise the Building Commissioner with reference to desirable and effective use of signs for the purpose of enhancing and maintaining the natural beauty and cultural and aesthetic standards of the community. The Planning and Development Board may advertise, prepare, print and distribute pamphlets and other media which, in its judgment, will further these purposes. § 272-18. Variances, review and appeal. [Amended 2-4-1998 by Ord. No. 98-6] Any person aggrieved by any decision of the Building Commissioner relative to the provisions of this chapter may appeal such decision to the Board of Zoning Appeals, as provided in Chapter 325, Zoning, of this Code and shall comply with all procedural requirements prescribed by said Board of Zoning Appeals, including payment of a fee of one hundred dollars ($100) to defray the cost of the required legal notice and written notice to all property owners within two hundred (200) feet of the boundaries of the proposed sign location. However, when any variance, review or appeal relative to the provisions of this chapter is requested, the Board of Zoning Appeals shall not take action until a report is received from the Planning and Development Board. If, however, no report is received within forty-five (45) days after referral, then approval by the Planning and Development Board shall be presumed, and the Board of Zoning Appeals shall proceed accordingly. In making any determination or decision with respect to any proposed sign, any city officer or any board having jurisdiction shall be guided by the general purpose of this chapter, as stated in § 272-1 hereof, and shall also consider the following: June 4, 2003 23 A. Size of sign. The purpose for which the sign is erected and the distance from which the sign is intended to be or can possibly be read and the character of adjacent streets shall be taken into consideration. In all cases, the smallest sign that will suit the purpose shall be the guide, taking into account the legitimate commercial or other interests which are intended to be promoted by the sign and the speed limits and traffic conditions on adjacent streets. B. Number of letters. A sign with only a few letters need not be as large as one with many letters to be seen from the same distance. C. Other signs. The context of existing signs in the vicinity of the proposed sign shall be taken into consideration. D. The character of the neighborhood. The proposed use shall not be detrimental to the general amenity or neighborhood character so as to cause a devaluation of neighboring property or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of the neighboring property. E. Public interest. The protection of the public interest and the desirability of maintaining open spaces, views and vistas shall be considered insofar as possible. Any person aggrieved by any decision of the Board of Zoning Appeals may have the decision reviewed by a Special Term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules. § 272-19. Penalties for offenses. [Amended 8-5-1992 by L.L. No. 3-1992] Failure to comply with any of the provisions of this chapter shall be deemed an offense and shall be punishable as provided in Chapter 1, General Provisions, Art. I, Penalties, of this Code, in addition to penalties for violation of any other regulation or ordinance of the City of Ithaca. Each day such violation continues shall constitute a separate violation. § 272-20. Applicability and construal of provisions. This chapter is applicable within the City of Ithaca and shall be construed as an exercise of the powers of such municipality to regulate, control and restrict the use of buildings, structures and land for outdoor advertising purposes, displays, signs and other advertising media in order to promote the health, safety, morals and general welfare of the of the municipality and its inhabitants and of peace and good order, for the benefit of trade and all matters related thereto. Section 2: Severability Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3: Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Mack, Peterson, Cogan, Hershey Nays (1) Blumenthal Carried June 4, 2003 24 BUDGET & ADMINISTRATION COMMITTEE 11.1 An Ordinance to Amend Article VII and Article XII of the Code of the City of Ithaca to change the time period for housing inspections and the duties of the Building Commissioner thereto By Alderperson Vaughan: Seconded by Alderperson Whitmore WHEREAS, Common Council passed a Housing ordinance in 1974 that requires all rental units to be inspected on a three year cycle and all owner occupied single family homes to be inspected every five years, and WHEREAS, Ithaca is unique among other municipalities in New York because it provides off campus housing for two colleges. Ithaca has over 10,000 housing units of which only 29% are owner occupied, and WHEREAS, Ithaca’s Housing Ordinance was based on the State Model Housing Code that suggested the three-year cycle for rental dwellings, and WHEREAS, it has been recently determined that it is impossible to conduct inspections at this frequency with the limited number of staff persons in the Building Department, and WHEREAS, a committee composed of Building Department Staff, Alderpersons, Landlords and Ithaca Neighborhood Housing Service staff determined that, excluding owner occupied homes, the current Building Department inspection cycle is approximately once every 4.7 years, and WHEREAS, this committee further determined that buildings that require significant enforcement attention should be inspected more frequently and that only rental units should be required to be inspected and hold a valid Certificate of Compliance as a condition for building occupancy; now, therefore, be it RESOLVED, That Common Council will revisit this legislation in five years; now, therefore ORDINANCE 2003 - 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, Chapter 210 entitled “Housing Standards” Sections 210-42, 210-43, and 210-44 of Article VII entitled “Apartments” and Section 210-75 of Article XII entitled “Powers and duties of Building Commissioner” are hereby amended as follows: 210-42. Inspections. All rental units shall be inspected every three years by the Building Department. It shall be the responsibility of the owner of the rental property(ies) to schedule inspections and make applications for this certificate of compliance. The Building Department shall schedule inspections of any rental units for which a valid certificate of compliance is not in effect. A. Every 5 years all rental dwelling units, except dwellings with more than 10 unrelated persons, shall be inspected by the Building Department. A dwelling unit, or a building with a dwelling unit, occupied by more than 10 unrelated persons shall be inspected every 2 years. B. It shall be the responsibility of the owner of a rental property to schedule inspections and to obtain a certificate of compliance from the Building Department. June 4, 2003 25 Section 2. Section 210-43 shall be amended by deleting Sections 210-43(A) and 210-43 (B) and substituting new Sections 210-43(A) and 210-43(B), as follows: 210-43. Certificate of Compliance A. The Building Department shall issue every three years a certificate of compliance with all applicable city and state codes to all rental units covered in 210-42. A. All rental units, except dwellings occupied by 10 or more unrelated persons, shall be required to hold a valid certificate of compliance. Such certificate shall be valid for a period of not more than 5 years. Before the expiration of the certificate, it shall be the responsibility of the owner of the rental property to schedule a housing inspection with the Building Department in order to obtain a new certificate of compliance. Rental units with 10 or more unrelated persons shall also be required to hold a valid certificate. This certificate of compliance shall be valid for a period of not more than 2 years. Prior to the expiration of the certificate, it shall be the responsibility of the owner of the rental property to schedule a housing inspection with the Building Department in order to obtain a new certificate of compliance. B. The Building Department shall not issue a certificate of compliance to any rental unit as described in 210-42 that is in violation of any applicable city or state code. B. No certificate of compliance can be issued to any rental unit that is in violation of any applicable City or State code. C. Failure of an owner of any rental unit to hold a valid Certificate shall be deemed a violation of the housing code and such dwelling unit may be ordered by the Building Commissioner to be vacated until the property is brought into compliance with this chapter. Section 3. Section 210-43(D) shall be amended by adding new Sections 210- 43(D) and 210-43(E) and renumbering the current Sections 210-43 (D), 210- 43(E), accordingly, as follows: D. Verified over-occupancy will result in the immediate revocation of a certificate of compliance. E. All owners holding former three-year certificates of compliance, except those owning a dwelling occupied by more than 10 unrelated persons, may renew their certificate on a yearly basis for a maximum of two years without reinspection if the owner and the property meets the following criteria: (1) An application is filed with the Building Department that the owner wishes to extend the certificate of compliance for one year. The application will not be considered complete until the owner can show that the property has had all required annual inspections of the building systems, has a current owner authorization form and a current lease agreement for off-street parking if required. (2) An application for the extension of a certificate of compliance must be accompanied by all appropriate independent annual inspection reports (sprinklers/smoke detection/HVAC/chimneys/ fire extinguishers/elevators etc.). Building Department forms verifying that the independent inspector used applicable testing standards must be signed by such independent inspector where a property has a required smoke detection system, sprinkler system, has fire extinguishers or (an) elevator(s) and accompany the inspection reports. (3) That during the time that the certificate was first valid, the Building Department has not verified any life safety complaint nor has verified more than 2 June 4, 2003 26 heat complaints in any one heating season, nor has verified more than three quality of life complaints (exterior maintenance, parking in front yards, violations of the sign ordinance). Furthermore, that there has been no emergency response by IFD to the premise; no verified illegal use of the building’s cellar, basement, attics or floors; or, verification by the Building Department that the property is not in compliance with the Housing Ordinance. (4) That the application to extend a certificate of compliance for an additional year be completed before the certificate of compliance expires. If the application is found incomplete and the certificate expires, the property owner will automatically lose the ability to extend the certificate of compliance and will be subject to reinspection. D. F. The fee for a certificate of compliance shall be based on the following: (1) Thirty dollars plus $30 per hour for the time spent by the Inspector at the premises doing the initial inspection to determine whether the premises are in compliance with the Housing Code; plus (2) If, at the time the initial inspection is done, the premises are not in compliance with the Housing Code, $30 per hour for all time spent by the Inspector regarding the premises after such initial inspection, including but not limited to the time spent in correspondence, review of the appropriate files, transportation and further inspections. E. G. Upon the issuance of a certificate of compliance, the property owner shall be billed for services rendered at the rates established pursuant to Subsection DF(1) and (2). This fee shall be paid to the City Chamberlain within 30 days of the billing date. If the required fee is not paid within 30 days of the billing date, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next assessment roll of general city taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalties as the general city tax and as a part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater. F. H. The exclusive administrative remedy for a property owner wishing to appeal the amount of the bill which has been established pursuant to Subsection DF(1) and (2) is to file a notice of appeal with the Building Commissioner within seven days of the mailing date to the property owner of the bill for the inspection services. When a notice of appeal is filed, the Building Commissioner, using the regulations of the Housing Board of Review, shall schedule the matter at the next possible regular meeting of the Housing Board of Review. The property owner then has the responsibility to perfect the appeal to the Housing Board of Review, by submitting three copies of the appeal and detailing the reasons why the property owner believes the fee is not justified. The property owner bears the burden of establishing that the accounting submitted by the Inspector of the time spent for initial inspection, correspondence, review of the appropriate files, transportation, further inspections or other time spent is inaccurate. The Housing Board of Review shall have the authority to approve or reject such appeal in whole or in part. Section 4. Section 210-75(C)(1) shall be amended by deleting the current language and substituting a new Section 210-75(C)(1), as follows: June 4, 2003 27 210-75. Powers and duties of the Building Commissioner. C. It shall be the duty of the Building Commissioner: (1) To cause periodic inspections to be made, not less than every five years, of all premises within the scope of applicable housing standards. Inspections may be made more often. (1) To cause periodic rental housing inspections to be made, not less than every 5 years, except for dwelling units with more than ten unrelated occupants which shall be inspected not less than every two years, for compliance with all applicable housing standards. Inspections may be made more often or of any dwelling unit at the discretion of the Building Commissioner. Section 5. Effective Date. This Ordinance shall take effect immediately upon publication. Carried Unanimously 11.2 City Chamberlain – Request to Approve the Issuance of the Request for Proposals for Accounts Receivable Software - Resolution By Alderperson Vaughan: Seconded by Alderperson Whitmore WHEREAS, the City of Ithaca collects many different types of revenues using many different types of collection software, causing inefficiencies and duplication of effort, and WHEREAS, in consultation with IBM, City staff reviewed the need for new Accounts Receivable and Revenue collection software, and has developed a Request for Proposal document for such software to address the needs of the City, and WHEREAS, a review of vendors by City staff shows that software may be acquired and implemented for a total cost of $400,000 or less, and WHEREAS, City staff has identified additional revenues and funds in current budget expense lines that would cover the cost of the software and its implementation; now, therefore, be it RESOLVED, That Common Council supports the issuance of the Request for Proposal for Accounts Receivable and Revenue Collection Software, and be it further RESOLVED, That the final project budget will be submitted to Council for approval based on the responses to the Request for Proposal. Carried Unanimously 11.3 DPW – Request to Amend Total Local Share for Capital Project 460 Stewart Avenue Bridge over Fall Creek - Resolution By Alderperson Vaughan: Seconded by Alderperson Whitmore WHEREAS, The Common Council at its regular meeting of May 7, 2003, approved Capital Project #460 Stewart Avenue Bridge over Fall Creek in the amount of $2,141,000, and WHEREAS, the original approval included State Marchiselli Aid in the amount of $289,500, with the City’s local match of $138,700, and WHEREAS, the agreement received by NYSDOT does not include the $289,500 in Marchiselli Aid, making the City’s local share $428,200, and WHEREAS, a Project rehabilitation of Stewart Avenue Bridge over Fall Creek (“the Project”), is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (“FHWA”), as amended that calls for the June 4, 2003 28 apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and approximately 14% of non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI), Construction, and Construction Inspection; now, therefore, be it RESOLVED, That Common Council hereby requests the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Scoping, Design (Phases I – VI), Construction, and Construction Inspection for the Project or portions thereof, and be it further RESOLVED, That Common Council hereby recommends that the sum of $2,141,000 be appropriated from the issuance of Bonds (or appropriate in-kind services) and made available to cover the cost of participation in the above phase of the Project, and be it further RESOLVED, That Common Council hereby recommends in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That Common Council recommends that the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works be authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the City of Ithaca will be roughly 20% of the final approved project cost, currently estimated at $428,200 of the $2,141,000 authorized for this project, in monies and in-kind services, as managed by the Superintendent of Public Works and monitored by the City of Ithaca Controller, and be it further RESOLVED, That Common Council authorizes the Superintendent of Public Works to administer the above project, and be it further RESOLVED, That this resolution shall take effect immediately, and be it further RESOLVED, That said funds be derived from the issuance of Serial Bonds with later reimbursement from Federal/State Aid, and be it further RESOLVED, That if Marchiselli funding should become available, a superceding agreement will be made to make funding available, and the Mayor is hereby authorized to sign said agreement. Carried Unanimously HUMAN RESOURCES COMMITTEE: 12.1 Reconfiguration of the City Clerk’s Office in Conjunction with the 2003 Budget - Resolution By Alderperson Peterson: Seconded by Alderperson Cogan WHEREAS, The City Clerk proposed a reconfiguration of staffing for the City Clerk’s Office to meet the -3% budget submission requirements for 2003, and WHEREAS, on November 6, 2002, Common Council adopted, as part of the 2003 City Budget, an amended version of the proposal further reducing the staff hours of the City Clerk’s Office, and WHEREAS, on March 13, 2003 the Civil Service Commission approved the reclassification of the Deputy City Clerk position and the Administrative Secretary June 4, 2003 29 position to two (2) Information Management Specialist positions; now, therefore be it RESOLVED, That effective June 16, 2003 the Personnel Roster of the City Clerk’s office be amended as follows: Delete: (1) Deputy City Clerk (1) Administrative Secretary Add: (1) Information Management Specialist - 40 hours (1) Information Management Specialist - 20 hours and, be it further RESOLVED, That these positions be assigned to the Confidential group, and, be it further RESOLVED, That the 40 hour position will have the authority to act in the stead of the City Clerk with full signatory authority in the absence of the City Clerk effective immediately, and that the 20 hour position will have the authority to act in the stead of the City Clerk with full signatory authority in the absence of the City Clerk upon the successful completion of their probationary period, and, be it further RESOLVED, That funding for the reconfiguration of staffing will be derived from the City Clerk’s 2003 budget. Carried Unanimously 12.2 Request to Authorize a One-time Increase of Managerial Leave Time - Resolution By Alderperson Peterson: Seconded by Alderperson Hershey WHEREAS, due to budgetary constraints, the 2003 approved budget did not include a wage increase for individuals covered by the managerial compensation plan, and WHEREAS, the Mayor has asked the Controller to review the financial impact of additional leave time in lieu of an increase, and WHEREAS, the Controller has determined that based on past annual leave cash- in patterns for individuals covered under the managerial compensation plan a one-time increase in leave time for 2003 would have no more than a $4,014 impact on the City budget as compared to 2002, now therefore be it RESOLVED, That Common Council hereby authorizes a one-time increase of seven (7) annual leave days, which is the equivalent of a 2.5% increase, for individuals covered by the Managerial Compensation Plan, and be it RESOLVED, That the seven (7) days be pro-rated in the event that such managerial staff person leave employment with the City before December 31, 2003, and be it further RESOLVED, That the additional leave be awarded only to managerial staff on the payroll as of January 1, 2003. Amending Resolution: By Alderperson Pryor: Seconded by Alderperson Whitmore RESOLVED, That the following Resolved clause be added to as the last Resolved in this resolution: “RESOLVED, That the cost of the impact shall be derived from the existing budget.” Carried Unanimously June 4, 2003 30 Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously 13. NEW BUSINESS: 13.1 Les Ducs Restaurant Alchol Permit Request - Resolution: By Alderperson Whitmore: Seconded by Alderperson Sams WHEREAS, the City Clerk has received a request to allow the Les Ducs Restaurant to utilize certain areas along South Cayuga Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Les Ducs Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2003, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Les Ducsi Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 13.2 DOWNTOWN DEVELOPMENT/CAYUGA GARAGE Commitment To Proposed City of Ithaca/IURA/CDP Ithaca Financial Structure – Resolution By Alderperson Cogan: Seconded by Alderperson Pryor WHEREAS Cornell University has committed to the construction and occupation of a new office building on East Seneca Street within the urban renewal area of downtown Ithaca, and WHEREAS Cornell University has selected Ciminelli Development Company as their preferred developer, and WHEREAS, as the redevelopment project has evolved it has expanded to include a 105 room Hilton Garden Inn as an integral part of the project, and WHEREAS the City of Ithaca Common Council has a long term commitment to the revitalization and economic well-being of downtown Ithaca, as evidenced by the City’s Urban Renewal Plan, and subsequent downtown revitalization plans, and WHEREAS the Common Council recognizes the Cornell/Ciminelli project as an integral component of such downtown renewal and revitalization and has, as a result, committed to the construction of a new 700 space parking garage in support of, among other things, the Cornell/Ciminelli project, and June 4, 2003 31 WHEREAS, Common Council, and its several Departments, Boards and Commissions have taken action on a number of resolutions for the development of the Cayuga Garage Parking Project, including, among other things, authorizing a parking garage capital project, authorizing the use by the IURA of its power of eminent domain, signing of a sponsor agreement with Ciminelli Development Company, transferring land from the City to the IURA, completion of a full Environmental Impact Study under NYS SEQRA law, various traffic and parking studies, site plan review and Landmarks Preservation commission review, and WHEREAS, Common Council recognizes that the Green Street Garage and the Seneca Street Garage are in close proximity to the proposed Cayuga Street Garage, and WHEREAS, once the Cayuga Garage is constructed the three garages will serve similar commercial, residential, cultural, educational and institutional uses within the central business district, and WHEREAS, it is in the best interest of the City to have all three garages controlled by the Ithaca Urban Renewal Agency as a facilities complex within the City’s urban renewal area, and WHEREAS, it is the desire of Common Council to lease the Green Street and Seneca Street garages to the Ithaca Urban Renewal Agency (IURA), and WHEREAS, Common Council recognizes that the IURA will sub-lease the Green, Seneca and Cayuga Street Garages to Community Development Properties, Ithaca, Inc. (CDP Ithaca) for the purpose of securing payment on the Civic Facility Revenue Bonds to be issued by the Tompkins County Industrial Development Agency, and WHEREAS, CDP Ithaca will contract with a private parking management firm to oversee the operation and maintenance of the Cayuga garage, and WHEREAS, Common Council understands that to achieve the most favorable long term financing for the construction of the Cayuga Garage it is necessary to enter into certain financial commitments; now, therefore be it RESOLVED, That the City of Ithaca Common Council, after conducting all required public hearings, shall agree to lease the existing Green Street and Seneca Street garages to the Ithaca Urban Renewal Agency for a term not to exceed 40 years and the IURA shall have the authority to sublease the garages to CDP Ithaca, and be it further RESOLVED, That the Common Council commits to the concept of privately managed parking operations while reserving the right to the IURA to approve any parking management contract which CDP Ithaca proposes to enter into, and also reserves to itself the right, through the City of Ithaca Board of Public Works, to set or modify parking rates for the three garages, and be it further RESOLVED, That the Common Council hereby commits to enter into a Financial Assistance Agreement with the Ithaca Urban Renewal Agency, a draft of which is attached and made part hereof, which commits the Common Council on an annual appropriation basis to fund any deficiency in the debt service of the new Cayuga Garage, and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized to execute all necessary and appropriate documents to implement this resolution. Amending Resolution By Alderperson Whitmore: Seconded by Alderperson Hershey RESOLVED, That the second Resolved clause be amended to read as follows: June 4, 2003 32 “RESOLVED, That the Common Council commits to the concept of privately managed parking operations for the Cayuga Garage while reserving the right to the IURA to approve any parking management contract which CDP Ithaca proposes to enter into, and also reserves to itself the right, through the City of Ithaca Board of Public Works, to set or modify parking rates for the three garages, and be it further” Carried Unanimously Discussion followed on the floor regarding the lease agreements for garage operations. Alderperson Cogan stated that pursuant to law Common Council would have to approve the leases of the Green and Seneca Street garages. Alderperson Blumenthal requested that the 10th Whereas Clause of the Financial Assistance Agreement be amended to read as follows: “WHEREAS, to the extent Parking Revenues, measured annually, are insufficient to provide for the timely payment in full of the principal of, redemption premium, if any, and interest on the Bonds, the City wishes to provide financial assistance to the IURA to ensure that the Project is financially successful and to provide public parking facilities in the downtown section of the City for existing uses and proposed major development projects including the Cornell/Ciminelli building; and” No Council member objected to the amended language. Alderperson Blumenthal requested a friendly amendment to the last Resolved clause so that it would read as follows: “RESOLVED, That the Mayor, upon the advice of the City Attorney and the City Controller is hereby authorized to execute all necessary and appropriate documents to implement this Resolution.” No Council member objected the amended language. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, That the following language be added as the 12th Whereas Clause and the 4th Resolved Clause: “WHEREAS, there is a contingency component in the Cayuga garage and creek walk financing plan, and Common Council is interested in the possibility of incorporating public art in the garage and creek walk projects if the projects come in under budget and money is available later, and” “RESOLVED, That Common Council will discuss and consider the use of some or all of the remaining contingency fund for public art if money is available when construction of the garage and creek walk are completed, and, be it further” Ayes (8) Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan Nays (2) Manos, Hershey Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) Pryor, Sams, Whitmore, Vaughan, Mack, Peterson, Cogan, Manos, Hershey Nays (1) Blumenthal Carried June 4, 2003 33 13.2A SS&D DRAFT 5-23-03 FINANCIAL ASSISTANCE AGREEMENT THIS FINANCIAL ASSISTANCE AGREEMENT (“Agreement”) is entered into as of _____________, 2003 by and between the City of Ithaca, a municipal corporation, organized and existing under the laws of the constitution and the laws of the State of New York (the “City”), and the Ithaca Urban Renewal Agency (the “IURA”), a governmental agency and instrumentality constituting a body corporate and politic and a public benefit corporation of the State of New York (the “State”). WITNESSETH: WHEREAS, the Tompkins County Industrial Development Agency, a governmental agency and instrumentality constituting a body corporate and politic and a public benefit corporation of the State (the “Issuer”) shall issue its (i) Variable Rate Demand Civic Facility Revenue Bonds (Community Development Properties, Ithaca, Inc. Project), Series 2003A in the aggregate principal amount of $___________ and its (ii) Taxable Variable Rate Demand Civic Facility Revenue Bonds (Community Development Properties, Ithaca, Inc. Project), Series 2003B in the aggregate principal amount of $____________ (collectively, the “Bonds”); and WHEREAS, the Bonds are to be issued under and pursuant to the terms and conditions of an Indenture of Trust, dated as of May 1, 2003 (the “Indenture”), by and between the Issuer and ________________, as trustee (the “Trustee”), and paid through certain payments (constituting Parking Revenues and other rents) to be made under a Lease Agreement, dated as of May 1, 2003 (the “Lease Agreement”), by and between the Issuer and Community Development Properties, Ithaca, Inc., a nonprofit corporation and duly organized and validly existing under the laws of the State of Delaware, and an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, located in New York, New York, (the “Company”); and WHEREAS, the proceeds from the sale of the Bonds are to be used by the Company to finance the costs of the acquisition, construction and installation of a 700-car, seven-story parking facility on a certain parcel of land owned by the City and located in the City on South Cayuga Street adjacent to the Tompkins County Public Library improve blighted conditions on said parcel by providing public parking and economic development in the City and Tompkins County (the “Project”); and WHEREAS, in consideration of the IURA undertaking the Project, the City has transferred to the IURA (i) its fee interest in the Project, and (ii) a leasehold in the Green Street garage and the Seneca Street garage, each a public parking facility of the City, pursuant to, without limitation, the applicant provisions of articles 15 and 15-A of the General Municipal Law; and WHEREAS, the IURA has designated the Company as the eligible and qualified sponsor for the acquisition, construction and installation of the Project pursuant to the applicable provisions of articles 15 and 15-A of the General Municipal Law; and WHEREAS, in consideration of the Company’s undertaking the acquisition, construction and installation of the Project, the IURA has entered into a Ground Lease with the Company under which the Company shall pay Ground Lease rent to the IURA during the time the Bonds are outstanding, and thereafter, to the City and; WHEREAS, the Company shall lease the Project to the IURA under which the IURA shall pay rent to the Company in amounts due from the Company under the Lease Agreement equal to debt service on the Bonds to the extent of June 4, 2003 34 (i) revenues generated from operation of the Project, and (ii) revenues generated from operation of the Green Street garage and the Seneca Street garage after taking into account costs of operation and maintenance of such garages (collectively, “Parking Revenues”); and WHEREAS, as security for payment when due of debt service on the Bonds, the IURA has conveyed its leases in the Green Street garage and the Seneca Street garage [by sublease, leasehold mortgage, or assignment] to the [Issuer, Trustee or credit facility provider/insurer]; and WHEREAS, the IURA has contracted with the Company to operate and maintain the Project, and the Green Street garage and the Seneca Street garage, including the collection of Parking Revenues on behalf of the IURA; and WHEREAS, to the extent Parking Revenues, measured annually, are insufficient to provide for the timely payment in full of the principal of, redemption premium, if any, and interest on the Bonds, the City wishes to provide financial assistance to the IURA to ensure that the Project is financially successful and to provide public parking facilities in the downtown section of the City and in or near the campus of Cornell University, located in the City; and WHEREAS, the City and the IURA desire the Issuer to issue the Bonds and apply the proceeds of the Bonds to the costs of the Project, and the City and the IURA, each through due corporate action, are willing to enter into this Agreement to provide an inducement to the Issuer to issue the Bonds, and to provide an inducement for the purchaser and credit facility provider/insurer of the Bonds and all who shall at any time become holders thereof to purchase, financially support and own the Bonds, respectively; and WHEREAS, it is hereby determined to be in the interest of the City to provide public parking in the manner hereinabove described and further provide financial assistance for the Project NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the City hereby covenants and agrees with the IURA as follows: REPRESENTATIONS AND WARRANTIES OF THE CITY The City hereby represents and warrants that (i) it is a municipal corporation organized and existing under the constitution and the laws of the State; (ii) it has full power and authority to enter into this Agreement and has duly authorized the execution and delivery of this Agreement by proper action by its governing body, or by other appropriate official action; (iii) the City’s obligations under this Agreement do not constitute the incurrence of debt by or a pecuniary liability of the City beyond an appropriation made in single fiscal year; (iv) all requirements have been met and all procedures have been completed in order to ensure the validity and enforceability of this Agreement according to its terms against the City; (v) the acquisition, construction and installation of the Project as a public parking facility and the operation and maintenance of the Project by the Company is in the interest of the City and fulfills a public purpose of the City; (vi) no provision of this Agreement violates any statute or provision of the constitution of the State; and (vii) there is no litigation or administrative proceeding threatened, or to the City’s knowledge pending, questioning the validity or enforceability of this Agreement according to its terms or the performance of the obligations of the City hereunder. REPRESENTATIONS AND WARRANTIES OF THE IURA The IURA hereby represents and warrants that (i) it is a governmental agency and instrumentality constituting a body corporate and politic and a public benefit corporation of the State; (ii) it has full power and authority to enter into this Agreement and has duly authorized the execution and delivery of this Agreement June 4, 2003 35 by proper action by its governing body, or by other appropriate official action; (iii) all requirements have been met and procedures have been completed in order to ensure the validity and enforceability of this Agreement according to its terms against the IURA; and (iv) there is no litigation or administrative proceeding threatened, or to the IURA’s knowledge pending, questioning the validity or enforceability of this Agreement according to its terms. COVENANTS AND AGREEMENTS The City agrees that, if and when appropriated, it shall include in its annual expense budget in any fiscal year a sum requested by the IURA to fulfill its guaranty obligation to the Company under the Ground Lease for any of the following: (a) a portion of the payment of the principal or redemption price on each Bond when the same shall become due, whether at stated maturity thereof, by acceleration, call for redemption or otherwise; (b) a portion of the payment of interest on the Bonds on the date when the same shall become due; and (c) such reasonable expenses of the Issuer or the Trustee or either of them, as shall arise during the enforcement by the Issuer and the Trustee or either of them, of their rights under the Indenture or the Lease Agreement. All payments by the City shall be paid in lawful money of the United States of America. Failure by the City to appropriate and make available such sum for the payment of a portion of the principal of, redemption or purchase price, or interest on the Bonds shall not give rise to any cause of action against the City hereunder, under any Financial Documents relating to the Bonds or under any provision of statutory or constitutional law of the State. The obligation of the City under this Agreement shall remain in full force and effect until the entire lease obligation of the IURA to the Company shall have been paid or duly provided for, and such obligation shall not be affected, modified or impaired upon the happening from time to time of any event, including without limitation any of the following, whether or not with notice to, or the consent of, the City: (a) the failure to give notice to the City of the occurrence of an Event of Default under the provisions of the Ground Lease, the Lease Agreement or the Indenture; (b) the modification or amendment (whether material or otherwise) of any obligation, covenant or agreement set forth in the Ground Lease, Lease Agreement or the Indenture; (c) the taking, suffering or the omission of any of the actions referred to in the Ground Lease, the Lease Agreement or the Indenture; or (d) any failure, omission, delay or lack on the part of the Issuer or the IURA to enforce, assert or exercise any right, power or remedy conferred on the Issuer or the IURA in the Ground Lease, this Agreement, the Lease Agreement, or the Indenture or any other act or acts on the part of the Issuer, the IURA or any of the holders from time to time of the Bonds. The City agrees that all payments made will, when made, be final and agrees that if any such payment is recovered from or repaid by the Issuer, the Trustee or the holders of the Bonds in whole or in part in any bankruptcy, insolvency or similar proceeding instituted by or against the June 4, 2003 36 Issuer, this Agreement shall continue to be fully applicable to such liabilities but only for the fiscal year of the City in which such payment was made by the City hereunder.In the event of a default in payment of principal of, redemption price, if any, or interest on the Bonds when and as the same shall become due, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise, the IURA shall have no rights against the City hereunder and the IURA shall have no right to proceed first and directly against any the City, under this Agreement. This Agreement shall not be deemed to create any right in, or to be in whole or in part for the benefit of, any person other than the IURA, or for and on behalf of the holders from time to time of the Bonds and their permitted successors and assigns. The City and the IURA understand and intend that the obligation of the City to make an appropriation as described herein shall constitute a current expense of the City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the City, nor shall anything contained herein constitute a pledge of the taxing power, faith and credit, general revenues, funds or monies of the City. PROCEDURE FOR APPROPRIATION AND PAYMENT The City shall have no obligation to appropriate an amount payable to the IURA or include such amount in the annual expense budget of the City unless until the following events have occurred: (a) On or before _________ in any fiscal year of the IURA, the directors of the IURA shall have determined that the Parking Revenues and rents paid or to be paid in any fiscal year of the IURA shall not be sufficient to pay when due the principal of, redemption premium, if any, and interest on the Bonds on the next succeeding principal payment date, and shall have provided written notice to the Authorized Officer of the City of the amount of such insufficiency on or before October 30 of such year. (b) Upon receipt of such written notice from the IURA, the appropriate committee of the Common Council of the City shall have determined that it is in the pubic interest of the City to pay the IURA the amount, in whole or in part, of such insufficiency in the next succeeding fiscal year of the City, and shall recommend to the Common Council that such amount be included as an expense item in the budget of the City for such fiscal year. (c) Upon receipt of such recommendation from such committee, the Common Council shall have considered and discussed the same, including the amount contained therein, at the public hearing on the budget for the City for such fiscal year, and the Common Council, following such hearing, should it determine that such insufficiency be paid by the City, shall have included such amount in the expense budget for such fiscal year. (d) Neither such committee nor the Common Council shall at any time be obligated to determine that such expenditure is in the pubic interest, must or should be appropriated, or must or should be included in the annual expense budget of the City. Section 4.2. Upon the occurrence of each of the events set forth in Section 4.1 of this Agreement, the City shall pay to the IURA the amount of such insufficiency included in the City’s expense budget for such fiscal year, or upon the written direction of the IURA, to the Trustee no later than 30 days prior to such next succeeding principal payment date on the Bonds. June 4, 2003 37 Section 4.3. At such time as the Bonds are paid or defeased in full, the IURA shall pay or cause the Company to pay annually to the City any Ground Lease rent, being Parking Revenues in excess of the expense of operation and maintenance of the Project in any fiscal year. MISCELLANEOUS The obligations of the City hereunder shall arise absolutely and unconditionally upon the issue, sale and delivery of the Bonds by the Issuer. The invalidity or unenforceability of any one or more phrases, sentences, clauses or sections in this Agreement contained, shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part thereof. This Agreement shall be governed in all respects, whether as to validity, construction, performance or otherwise, by the laws of the State. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.4. Capitalized terms and phrases sued in this Agreement shall have the same meaning as such terms and phrases are defined in the Indenture, the Lease Agreement and the Ground Lease, unless another meaning is clearly set forth or intended to be used in the context of this Agreement. Section 5.5. This Agreement shall be governed by the laws of the State. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed as of the date first above written. 13.3 Cayuga Green – Approve IURA Proposed Disposition to CDP Ithaca - Resolution By Alderperson Cogan: Seconded by Alderperson Pryor WHEREAS, on February 6, 2003 the Common Council authorized transfer of ownership of 235 S. Cayuga Street, 131-133 S. Cayuga Street, and 135 E. Green Street to the Ithaca Urban Renewal Agency (IURA) to facilitate financing and construction of phase 1 components of the Cayuga Green at Six Mile Creek project, subject to completion of environmental review and approval of a “lease- back” agreement, and WHEREAS, environmental review on the Cayuga Green project was completed on February 18, 2003, and WHEREAS, the leaseback agreement was approved on June 4, 2003, and WHEREAS, the IURA has determined that Community Development Properties, Ithaca, Inc. (CDP Ithaca), an affiliate of the National Development Council is a qualified and eligible sponsor for the Cayuga Green project, and WHEREAS, the IURA proposes to execute a 36-year lease agreement and an access easement with CDP Ithaca for the construction and operation of an approximately 700-stall parking facility, and WHEREAS, in accordance with the provisions of IURA land disposition policies and §507 of General Municipal Law, the proposed lease of land by the IURA requires approval by the Common Council following a public hearing on the proposed disposition, and WHEREAS, in compliance with General Municipal Law, a legal notice was published in the May 12, 2003 edition of the Ithaca Journal for a public hearing on the proposed IURA property disposition at 7:30 PM, May 21, 2003, and June 4, 2003 38 WHEREAS, a public hearing on the proposed disposition was held on May 21, 2003, now therefore be it RESOLVED, That the Common Council hereby approves the following IURA- proposed disposition to CDP Ithaca: Lessee: Community Development Properties Ithaca, Inc. (CDP Ithaca) Future Use: Construction and operation of an approximately 700-stall parking facility with ground floor retail use. Location: Portion of tax parcel #81.-2-1 (235 S. Cayuga Street), further defined as:  Parcel B shown on the attached “Lease Demising Map” for the Cayuga Green at Six Mile Creek” map prepared by T.G. Miller P.C., and  Portion of Parcel A on the above referenced map, including, but not limited to, structural columns; stairwells, elevators, and necessary utilities; and air rights above the ground floor retail space. Terms: 1. 36-year lease for property described above. 2. Temporary access and construction easements granted to construct the Cayuga Garage and the public Creek Walk. 3. Net proceeds generated from operation of parking facility will be dedicated to pay debt service on bonds issued to finance the Cayuga Green project. Discussion followed on the floor with Alderperson Blumenthal stating she fully supports the Cornell project and downtown development, but is opposed to this collection of Resolutions. She expressed her concerns about the project which included garage size and location, traffic impacts, costs for repairs to the Green Street Garage, and a flawed planning process. A vote on the Resolution resulted as follows: Ayes (9) Pryor, Manos, Whitmore, Sams, Vaughan, Mack, Peterson, Hershey, Cogan Nays (1) Blumenthal Carried 13.4 Leaseback Agreements with IURA - Resolution By Alderperson Cogan: Seconded by Alderperson Whitmore WHEREAS, on February 6, 2003 the Common Council authorized transfer of ownership of 235 S. Cayuga Street, 131-133 S. Cayuga Street, and 135 E. Green Street to the Ithaca Urban Renewal Agency (IURA) to facilitate financing and construction of phase 1 components of the Cayuga Green at Six Mile Creek project, subject to completion of the environmental review and approval of a “lease-back” agreement, and WHEREAS, the environmental review on the Cayuga Green project was completed on February 18, 2003, and WHEREAS, the “leaseback” agreement has been drafted by the IURA and reviewed by the Assistant City Attorney, and WHEREAS, the Cayuga Green project site has been demised into six separate lease parcels (A-F) to facilitate development of individual components of the mixed-use project, as shown on the “Lease Demising Map” for the Cayuga Green at Six Mile Creek map prepared by T.G. Miller P.C., and June 4, 2003 39 WHEREAS, it is contemplated that individual parcels may be leased to separate development partners in the future, upon Common Council approval, and WHEREAS, the final survey map has not been completed, now, therefore be it RESOLVED, That the Common Council hereby authorizes the Mayor, upon review by the City Attorney, to execute a series of five individual lease agreements with the Ithaca Urban Renewal Agency for Parcels A, C, D, E, and F shown on the “Lease Demising Map” for the Cayuga Green at Six Mile Creek” map prepared by T.G. Miller P. C., RESOLVED, That each separate lease agreement will contain a legal description of the parcel being leased based on the final survey map, and be it further RESOLVED, That each separate lease will be substantially in compliance with the provisions set forth in the attached lease agreement, dated 5/13/03, and be it further RESOLVED, That the lease agreements for parcels A, C and D shall incorporate provisions to grant temporary construction easements of the proposed Cayuga Green Garage with ground floor retail space and the Creek Walk. Community Development Director Bohn explained the leaseback agreement process. A vote on the Resolution resulted as follows: Ayes (9) Pryor, Manos, Sams, Whitmore, Vaughan, Mack, Peterson, Hershey, Cogan Nays (1) Blumenthal Carried 13.5 Declaration of Lead Agency - Cayuga Green, Lease of Seneca Street and Green Street Parking Garages to IURA - Resolution By Alderperson Cogan: Seconded by Alderperson Manos WHEREAS, the proposed financial structure for developing the Cayuga Garage and associated improvements requires conveyance of a leasehold interest in the Seneca Street and Green Street parking garages to the Ithaca Urban Renewal Agency (IURA) and subsequent sublease to Community Development Properties, Ithaca, Inc. (CDP), and WHEREAS, the term of the proposed lease shall not exceed 40 years, and WHEREAS, the environmental review completed for the Downtown Development Project on February 18, 2003, which included the proposed Cayuga garage and associated improvements, did not incorporate a lease of Seneca Street and Green Street parking garages to the IURA as a part of that action, and WHEREAS, State Law and Section 176.6 of the City Environmental Review ordinance 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 long-term lease to the IURA is classified as an Unlisted Action under the State Environmental Quality Review Act (SEQR) and the City Environmental Quality Review ordinance (CEQR Sec. 176-12], now therefore be it June 4, 2003 40 RESOLVED, That the City of Ithaca Common Council does hereby declare its intent to act as lead agency for the environmental review for the conveyance of a leasehold interest in the Seneca Street and Green Street parking garages to the IURA as part of the financing structure for development of the proposed Cayuga garage and associated improvements. Ayes (9) Pryor, Manos, Sams, Whitmore, Vaughan, Mack, Peterson, Hershey, Cogan Nays (1) Blumenthal Carried Community Development Director Bohn explained that a public hearing is required for the proposed disposition of property by the IURA for the Cayuga Green project. Common Council set the date and time of the public hearing for June 18, 2003 at 7:30 p.m. in Common Council Chambers. 13.6 Determination of Environmental Significance – Cayuga Green, Lease of Seneca Street and Green Street Parking Garages to IURA - Resolution By Alderperson Cogan: Seconded by Alderperson Peterson WHEREAS, the proposed financing structure developed for the Cayuga Garage and associated improvements requires conveyance of a leasehold interest in the Seneca Street and Green Street parking garages to the Ithaca Urban Renewal Agency (IURA) and subsequent sublease to Community Development Properties, Ithaca, Inc. (CDP), and WHEREAS, the term of the lease shall not exceed 40 years, and WHEREAS, the environmental review completed for the Downtown Development Project on February 18, 2003, which included the proposed Cayuga garage and associated improvements, did not incorporate a lease of Seneca Street and Green Street parking garages to the IURA as part of that action, and WHEREAS, the proposed long-term lease to the IURA is classified as an Unlisted Action under the State Environmental Quality Review Act (SEQR) and the City Environmental Quality Review ordinance (CEQR Sec. 176-12], and WHEREAS, the City of Ithaca Common Council has declared itself as the lead agency for this matter, and WHEREAS, appropriate environmental review has been conducted including the preparation of an Environmental Assessment Form (EAF), now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Environmental Assessment Form dated May 29, 2003, 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 impact 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. Ayes (9) Pryor, Manos, Sams, Whitmore, Vaughan, Mack, Peterson, Hershey, Cogan Nays (1) Blumenthal Carried June 4, 2003 41 13.7 Approval to Lease Seneca Street and Green Street Garages to IURA - Resolution By Alderperson Cogan: Seconded by Alderperson Pryor WHEREAS, the City of Ithaca owns the Seneca Street parking garage containing approximately 441 parking stalls, located at 202-212 N. Aurora Street, and WHEREAS, the City of Ithaca owns the Green Street parking garage containing approximately 443 parking stalls, located above privately owned surface parking located at 116-128 E. Green Street, and WHEREAS, the approved structure for financing the Cayuga Garage, and associated improvements, requires conveyance of a leasehold interest in the Seneca Street and Green Street parking garages to the Ithaca Urban Renewal Agency (IURA) and subsequent sublease to Community Development Properties, Ithaca, Inc. (CDP), and WHEREAS, the term of the lease to the IURA shall not exceed 40 years, and WHEREAS, the IURA is requested to develop a proposed sub-lease of the parking garages to CDP to implement the approved financial structure that provides the most favorable long-term financing for the construction of the Cayuga parking garage, and WHEREAS, the City will reserve to itself the right, through the City of Ithaca Board of Public Works, to set or modify parking rates for the Seneca and Green garages during the term of the lease, and WHEREAS, on June 4, 2003 the Common Council, acting as the designated Lead Agency for the environmental review, determined that the proposed action at issue will not have a significant adverse impact on the environment and that further environmental review is unnecessary, now, therefore be it RESOLVED, That in accordance with the approved financing structure for the Cayuga garage, the Common Council does hereby authorize conveyance of a leasehold interest in both the Seneca Street parking garage and the Green Street parking garage to the IURA for a term not to exceed 40 years, and be it further, RESOLVED, That any subsequent proposed sub-lease of the subject properties by the IURA shall receive prior approval by the Common Council following a public hearing in accordance with the provisions of §507 of General Municipal Law, and be it further, RESOLVED, That the IURA shall be reimbursed from the project bond proceeds for any and all reasonable costs borne by the IURA in accepting a leasehold interest and sub-leasing of the subject properties, and be it further RESOLVED, That the Mayor, upon review by the City Attorney and the City Controller, is hereby authorized to sign any and all instruments necessary to implement this resolution. Alderperson Hershey thanked Alderperson Dan Cogan for the extraordinary amount of work he put into the Cayuga Green project. Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Mack, Peterson, Cogan, Hershey Nays (1) Blumenthal Carried June 4, 2003 42 NEW BUSINESS: Replacement of Clock Towers Alderperson Blumenthal announced that she had been asked by the Planning and Economic Development Committee to chair a sub-committee to explore possibilities surrounding the possible replacement of the Commons clock towers. The committee was established in response to the mayor’s proposal to replace the towers with money from private sector contributions. Spencer Street Widening Project Mayor Cohen reported that he has not received the project report that illustrates the costs of the project components, but that he will report back to Council once he receives it. He stated that construction is scheduled to start in July, 2003. July 2003 Common Council Meeting Common Council rescheduled the July Common Council meeting to July 9, 2003 at 7:00 pm to accommodate the annual Fourth of July fireworks celebration. Executive Session By Alderperson Whitmore: Seconded by Alderperson Mack RESOLVED, That Common Council adjourn into Executive Session to discuss the employment history of an individual employee. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. APPROVAL OF MINUTES: Approval of November 6, 2002 Regular Common Council Meeting Minutes By Alderperson Whitmore: Seconded by Alderperson Pryor RESOLVED, That the minutes of the November 6, 2002 Regular Common Council Meeting be approved as published. Carried Unanimously Approval of May 7, 2003 Regular Common Council Meeting Minutes By Alderperson Whitmore: Seconded by Alderperson Pryor RESOLVED, That the minutes of the May 7, 2003 Regular Common Council Meeting be approved as published. Carried Unanimously Approval of May 21, 2003 Special Common Council Meeting Minutes By Alderperson Whitmore: Seconded by Alderperson Pryor RESOLVED, That the minutes of the May 21, 2003 Special Common Council Meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 12:10 A.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor