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HomeMy WebLinkAboutMN-CC-2005-08-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 3, 2005 PRESENT: Mayor Peterson Alderpersons (9) Coles, Berry, Whitmore, Tomlan, Zumoff, Taylor, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb Asst. City Attorney – Dunn Deputy City Controller – Andrew Planning and Development Director – Van Cort Deputy Planning & Development Director – Cornish Building Commissioner - Radke Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur Asst. Fire Chief – Parsons EXCUSED: Alderperson Mackesey PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider the Adoption of the Proposal to Amend the Zoning Requirement for Design Review of any new Construction in any zone that exceeds 60 feet in height. Resolution to Open Public Hearing: By Alderperson Korherr: Seconded by Alderperson Whitmore RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Amend the Zoning Requirement for Design Review of any new Construction in any zone that exceeds 60 feet in height. Carried Unanimously Alderperson Tomlan explained the legislation that will be considered later in the meeting. No one appeared to address Council. Resolution to Close Public Hearing: By Alderperson Coles: Seconded by Alderperson Tomlan RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Amend the Zoning Requirement for Design Review of any new Construction in any zone that exceeds 60 feet in height. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislature: 1st District Representative, Barbara Blanchard addressed Council on the following matters: - She thanked Common Council members who are not seeking re-election for their contributions to the community. - Tompkins County Airport –New service is proving to be very successful. There is a substantial marketing program and a website (FlyIthaca.com) that can provide information to the public. August 3, 2005 2 - The public safety project is progressing, and they are going through the environmental process and contract preparation. - A Home Rule Law Request is being submitted to the State regarding the transfer tax on the sale of real estate. - The Emergency Planning Group has put together Emergency Preparedness Information Folders that have vital information, and can be distributed as needed during emergencies. Alderpersons Zumoff and Whitmore thanked Ms. Blanchard for all of her work and dedication to city and county issues. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Council regarding the Eyes Wide Open Exhibit scheduled for October 6-9, 2005 in Ithaca: Wilma Brown, Town of Newfield Mike Pitzrick, City of Ithaca Gerald Coles, City of Ithaca Mac Larsen, Town of Dryden Brian Eden, Town of Ithaca Joe Wetmore, Town of Ithaca, he further discussed concerns regarding the public sidewalks in front of the new Hilton Hotel. The following people addressed Council regarding the Cayuga Green Project: Margherita Fabrizio, City of Ithaca – Cayuga Green Project/Green Garage Joel Harlan, Town of Newfield – Cayuga Green Amphitheatre Project and Redbud Woods John Graves, City of Ithaca – Green Garage Project Tom Shevory, City of Ithaca – Cayuga Green Project Rob Steuteville, City of Ithaca – Green Street Garage Paul Sawyer, City of Ithaca – Red Bud Woods Resolution Fay Gougakis, City of Ithaca – Red Bud Woods Resolution, Request for City Statement regarding Cornell University Actions, Hilton Hotel Sidewalk concerns, and Cayuga Green Project Cris McConkey, Town of Enfield – Public Access Concerns/Cable Franchise, Time Warner Service Area Agreement, Integration of Public Access to entire County PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Korherr thanked the speakers for coming to the meeting, and addressed comments made about the Hilton Hotel sidewalk, and the Cayuga Green Project. Alderperson Whitmore responded to comments made about the Hilton Hotel sidewalks, and the proposed Regal Theater expansion and theater competition. He further reported on the Transportation Demand Management Committee report. Alderperson Berry thanked the speakers for their comments and their support for the Eyes Wide Open resolution. She further responded to comments made regarding the Green Street garage project. Alderperson Zumoff responded to comments made regarding the Green Street Garage project. Alderperson Cogan responded to comments made regarding the Cayuga Green project and Public Access Concerns. August 3, 2005 3 Alderperson Coles responded to comments made regarding the Cayuga Green Project. She stated that the Hilton Hotel sidewalk issue is being investigated, and thanked the speakers for their comments regarding the Eyes Wide Open Exhibit. Alderperson Tomlan thanked the speakers for their comments and voiced her support of the Red Bud Woods Resolution, and the Eyes Wide Open Exhibit resolution. Alderperson Townsend thanked the speakers for their comments, and stated that he was very impressed with the Eyes Wide Open Exhibit. He further thanked Barbara Blanchard for her contributions to the county and city. Mayor Peterson responded to comments made regarding the Red Bud Woods Resolution and the Eyes Wide Open Exhibit. She stated that the City is bound by legal contracts concerning the Cayuga Green Project. CONSENT AGENDA ITEMS: City Administration Committee: Request to Amend 2005 Authorized Parks and Forestry Budget - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the Parks and Forestry division of the Department of Public Works has been recently notified of a $10,000 grant from New York State Department of Environmental Conservation and a $5,500 donation from the Ithaca Rotary Club, and WHEREAS, the $10,000 grant will be used to assist the city with the bare-root tree planting initiative and the $5,500 will be used to plant 190 trees in honor of Rotary International’s Centennial and the Ithaca Rotary’s 90th anniversary; now, therefore be it RESOLVED, That Common Council hereby amends the 2005 DPW Authorized Budget for the purposes of accounting for said grant and gift as follows: Increase Revenue Accounts: A7111-2705 Gift and Donations $5,500 A7111-3989 State Aid $10,000 Increase Appropriations Account A7111-5485 Trees $15,500 Carried Unanimously Request to Amend the 2005 Youth Bureau Budget - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the Ithaca Youth Bureau has been advised by Cornell Cooperative Extension of Tompkins County that they will be receiving $2,362 in new funding during 2005 in order to participate in the Summer Youth Mapping Program, and WHEREAS, the Summer Youth Mapping Program is a cooperative venture between the Ithaca Youth Bureau Youth Employment Service, Village at Ithaca, Southside Community Center and Cornell Cooperative Extension 4-H Youth Development Program to empower youth to identify youth needs and make recommendations based on their findings; now, therefore, be it RESOLVED, That Common Council hereby amends the 2005 Youth Bureau budget to account for said funding as follows: Increase revenue Account: A 7310-2070-1202 YES $2,362 Increase Appropriations Accounts: A 7310-5120-1202 Part time/Seasonal $2,080 A7310-9030 Social Security $159 A7310-9040 Workers Compensation $123 Carried Unanimously August 3, 2005 4 Request to Amend the 2005 Budget for Community Celebration Grants - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, Tompkins County recently notified the City of $379 in additional grant funds from the County to the City for Community Celebrations Funds, and WHEREAS, Common Council previously accepted County Celebrations funding at its meeting of June 1, 2005, and WHEREAS, the City Controller was recently made aware that the On-Site Volunteer Services funding for National Volunteer Week Celebration was omitted from the list; now, therefore, be it RESOLVED, That Common Council hereby accepts additional submission for the Community Celebrations Grant from Tompkins County and awards the 2005 Budget to account for said grants as follows: Increase Revenue Accounts: A1012-2379 County Contribution/Celebrations $379 Increase Appropriation Accounts: A1012-5435 Community Service Contracts $379 Carried Unanimously GOVERNANCE COMMITTEE: An Ordinance to Amend the City of Ithaca Municipal Code Chapter 210 Entitled “Housing Standards”, Section 43-F(3) By Alderperson Zumoff: Seconded by Alderperson Whitmore WHEREAS, on January 29, 2003 Common Council adopted Ordinance 03-02 which added subsection (3) to Section 210-43 (D), that read as follows: “D. The fee for a certificate of compliance shall be based on the following: (3) Home owners wishing to procure a Certificate of Compliance for their house for purposes of selling the building will be assessed a service charge of $100 for a single family owner-occupied home and $150 for a two family owner-occupied dwelling. Fees for such service include filing fee, housing inspection fee, an electrical survey and a “defects removed” letter from the City’s Electrical Inspection Bureau.“ and WHEREAS, Section 210-43(D) was later renumbered as Section 210-43(F) by Ordinance 03-12, and WHEREAS, this amended language has not been effective for the Building Department, and WHEREAS, This language was never formally incorporated in the City of Ithaca Municipal Code, now therefore ORDINANCE 05-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 210-43F(3) of the City of Ithaca Municipal Code entitled “Fee for a Certificate of Compliance” is hereby repealed in its entirety. Section 2: This Ordinance shall take effect immediately upon publication. Carried Unanimously August 3, 2005 5 An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code Entitled “Fire Prevention” By Alderperson Zumoff: Seconded by Alderperson Korherr ORDINANCE NO. 2005-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 181-9(A) of Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby amended to read as follows: Chapter 181, FIRE PREVENTION ARTICLE I, Firesafety § 181-9. Permits for certain uses and materials; fees. A. A permit issued by the Chief of the Fire Department shall constitute permission to maintain, store or handle materials or to conduct processes and activities which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Such permit shall not take the place of any license otherwise required by law. It is not transferable, and any change in the use or occupancy of premises shall require a new permit. The Fire Chief or his/her designee shall, in their discretion, determine the appropriate duration of an issued permit. Unless otherwise specified in this Chapter, no permit shall be valid for a period of more than one year. B. Before a permit is issued, the Chief of the Fire Department or the Chief's designee shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by other departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned. C. All applications for a permit required by this code shall be made to the office of the Fire Chief in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as are required by the Fire Chief. D. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any City of Ithaca Fire Inspector. The Fire Chief shall have the authority to revoke a duly issued permit prior to the expiration thereof if there is a reasonable basis to believe that the permit holder is in violation of the provisions of this Chapter regarding the said permit, or that the permit holder has violated the terms of the permit. Section 2. Section 181-11 of Chapter 181 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 181-11. Board of Fire Appeals. “A. The Board of Fire Appeals shall be appointed by the Mayor with the consent of the Common Council and shall be composed of five members who shall be selected on the basis of their interest in fire prevention. The Mayor may appoint not more than one Council member and one Fire Commissioner to serve on this Board. “B. This subsection shall apply only to those elements of this chapter that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever the Chief of the Fire Department shall refuse to grant a permit applied for, or when the Chief shall revoke a duly granted permit for alleged violation of the provisions of this chapter and/or the terms on which the permit was granted, or when it is claimed that the provisions of the code do not apply, or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Board of Fire Appeals within 30 days from the date of the decision. The Board of Fire Appeals may affirm, modify or reverse any determination of the Chief of the Fire Department made pursuant to the provisions of this chapter.” Deleted: Deleted: August 3, 2005 6 Section 3 SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the 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 4 EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously An Ordinance to Amend Chapter 132 of the City of Ithaca Municipal Code Entitled “Assemblies and Parades” By Alderperson Zumoff: Seconded by Alderperson Coles ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 132-7 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 132-7. Compliance with permit conditions required. Special Event Permits All conditions of the permit shall be complied with so far as reasonably practicable. Events requiring three or more of the following permits shall require a special event permit: Noise, Assembly and Parade, Street Closures, Vending, Alcohol, Use of Parks or City Property Special Event Permits shall be issued by the City Clerk’s Office after review and approval by appropriate department personnel. The provisions set forth in the City of Ithaca Municipal Code for each permit shall remain in effect. The City Clerk is authorized to develop and publish an Information Guide and Special Event Permit Application that contain rules and regulations that are consistent with local, State, and Federal laws. Section 2. Section 132 –10 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 132-10. Revocation of permit. All conditions of the permit(s) issued shall be complied with. Any permit for a public gathering or assemblage, parade or motorcade, or special event issued pursuant to this chapter may be summarily revoked by the Chief of Police at any time when, by reason of disaster, public calamity, riot or other emergency, the Chief of Police determines that the safety of the public or property requires such revocation or when the condition(s) of the permit have not been complied with. Notice of such action revoking a permit shall be hand -delivered or when time allows, delivered in writing, to the permittee by personal service or by certified mail. Section 3. Severability. Severability is intended throughout and within the provisions of the 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 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously August 3, 2005 7 PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT COMMITTEE: An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled “Zoning” to Add a Minimum Building Height Requirement of Two Stories in the CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d Zoning Districts, to Amend Section 325-3 to Add the Definition of a Parking Garage, and to Amend Section 325-8 to Add Parking Garages as a Permitted Primary Use in the B-2b, B-2c, B-4, B-5, CBD, I-1, WEDZ-1a, SW, and WF Zoning Districts A. Declaration of Lead Agency - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr 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 zoning amendment is an "Unlisted" Action pursuant to City Environmental Quality Review (CEQR) Ordinance, which requires review under the CEQR; 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 adoption of the zoning amendment to add a minimum building height requirement of two stories in the CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d zoning districts, to amend Section 325-3 to add the definition of a parking garage, and to amend Section 325-8 to add parking garages as a permitted primary use in the B-2b, B-2c, B-4, B-5, CBD, I-1, WEDZ-1a, SW, and WF zoning districts. Carried Unanimously (8-0, Alderperson Cogan absent from vote) Determination of Environmental Significance - Resolution By Alderperson Tomlan: Seconded by Alderperson Coles WHEREAS, the City of Ithaca is considering a proposal to amend the zoning ordinance to add a minimum building height requirement of two stories in the CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d districts, to amend Section 325-3 to add the definition of a parking garage, and to amend Section 325-8 to add parking garages as a permitted primary use in the B-2b, B-2c, B-4, B-5, CBD, I-1, WEDZ-1a, SW, and WF zoning districts, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department pursuant to §239-l–m of the New York State General Municipal Law, which requires that 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 WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; 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 SEAF, and be it further August 3, 2005 8 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 (8-0, Alderperson Cogan absent from vote) Adoption of Ordinance By Alderperson Tomlan: Seconded by Alderperson Korherr ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 325, Section 325-16, entitled “Height regulations,” be amended to add a new Section “G” to read as follows: G. Notwithstanding anything to the contrary contained herein, in the CBD-60, CBD- 85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d zoning districts: No primary use building shall be erected that is less than two stories in any of these zones. When an addition or series of additions to a primary use building existing as of the date of this ordinance is constructed, that part of the addition or additions in excess of 50% of the building area of the existing building shall also not be less than two stories. Any additions to buildings constructed after the date of this ordinance shall be a minimum of two stories. Section 2. Chapter 325, Section 325-3, entitled “Definitions and word usage,” be amended to add the following definition: PARKING GARAGE -- A building or part thereof which is designed specifically for vehicle parking. Section 3. Chapter 325, Section 325-8, entitled “District regulations,” be amended to add Parking Garages as a permitted primary use in the B-2b, B-2c, B-4, B-5, CBD, I-1, WEDZ-1a, SW, and WF Zoning Districts. Section 4. The City Planning and Development Board, the City Clerk and the Department of Planning and Development shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 5. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. Alderperson Tomlan disclosed that her husband owns property in one of the zones, but it has no financial or other direct impact on her so she will not recuse herself from the vote. A Vote on the Ordinance Resulted as Follows: Carried Unanimously An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled “Zoning” to Create a Requirement for Design Review of Any New Construction in any zone that exceeds 60 feet in Height A. Declaration of Lead Agency - Resolution By Alderperson Tomlan: Seconded by Alderperson Coles August 3, 2005 9 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 zoning amendment is an "Unlisted" Action pursuant to City Environmental Quality Review (CEQR) Ordinance, which requires review under the CEQR; 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 adoption of the zoning amendment to create a requirement for design review of any new construction 60 feet in height or greater in any zone. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Korherr RESOLVED, That the Resolved clause be amended to read as follows: “RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of the zoning amendment to create a requirement for design review of any new construction in any zone that exceeds 60 feet in height.” Carried Unanimously (8-0 Alderperson Taylor absent from vote) Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (8-0 Alderperson Taylor absent from vote) Determination of Environmental Significance - Resolution By Alderperson Tomlan: Seconded by Alderperson Korherr WHEREAS, the City of Ithaca is considering a proposal to amend the zoning ordinance in order to add a requirement for design review of any new construction in any zone that exceeds 60 feet in height, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department pursuant to §239-l–m of the New York State General Municipal Law, which requires that 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 WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; 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 SEAF, 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 August 3, 2005 10 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 Adoption of Ordinance By Alderperson Tomlan: Seconded by Alderperson Korherr ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended to Create a Requirement for Design Review of Any New Construction in Any Zone that Exceeds 60 Feet in Height. Section 1. Section 325-41 “Design Review”, shall be amended as follows: “B. Purpose. This section is intended to promote the general public welfare by providing advisory recommendations by the Design Review Board to the Planning and Development Board and the Board of Zoning Appeals concerning architectural designs and plans for new construction as well as alterations to existing structures. The objectives are excellence of architectural and urban design, conservation of community resources, such as historic architecture and neighborhood character, and desirable urban growth and development. The zones designated B-1b, B-2b, B-2c, CBD-140 and C-SU on the amended Zoning Map of the City of Ithaca and any new construction in any zone that exceeds 60 feet in height are considered to require such control because of their special nature in terms of architectural character, intensity of existing use and development, sensitivity to the effect of change in use or other reason.” “C. Review procedure. (1) All proposals for construction or demolition within the zones designated B-1b, B-2b, B-2c, CBD-140, and C-SU and all zoning appeals within the zones designated B-1b, B-2b, B-2c, CBD-140 and C-SU and any new construction in any zone that exceeds 60 feet in height shall be referred to the Design Review Board for its review and recommendation or approval, as applicable, immediately upon receipt by the Building Commissioner. Preliminary plans for new construction, alteration of an existing structure or substantial rehabilitation, in accordance with the provisions of Subsection D of this section, shall be referred to the Design Review Board at the schematic design phase. The Building Commissioner or the Director of Planning and Development shall refer such plans or proposals to the Design Review Board immediately upon receipt of such plans. In addition, any individual or group proposing construction or development anywhere within the City of Ithaca may request the informal review and advisory recommendation of the Design Review Board. The Board of Zoning Appeals may refer applications for accessory apartment temporary permits for advice when exterior design changes are proposed. New or additional front entrances of accessory apartments must have the approval of the Design Review Board.” “D. The provisions of this section shall apply to any action within the B-1b, B-2b, B-2c, CBD-140 and C-SU Zoning Districts of the City of Ithaca and to any new construction in any zone that exceeds 60 feet in height, and shall include but not be limited to the following:” Section 2. Effective Date This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. A vote on the Ordinance resulted as follows: Carried Unanimously August 3, 2005 11 CITY ADMINISTRATION COMMITTEE: City of Ithaca Geographic Information System (GIS) Plan – Implementation - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, since 1991, the Department of Planning & Development has, with limited resources, developed a highly accurate and (at the time of its development) cutting edge Geographic Information System (GIS), and WHEREAS, GIS technology has matured and new capacities are available which would be of great value to the City, and WHEREAS, there has been an increasing awareness of and demand for GIS capacity by City staff and officials, and WHEREAS, the Department of Planning and Development, in cooperation with other City departments, has completed a comprehensive study of all City staff’s needs for geographic data and applications culminating in the Conceptual System Design document, entitled Conceptual System Design – City of Ithaca Geographic Information System (GIS) Plan, 2004, and in the City of Ithaca Geographic Information System (GIS) Plan—Implementation Methodology, dated June 7, 2005, and WHEREAS, the Conceptual System design and Implementation Methodology will provide a framework for developing GIS capacity on a City-wide basis, and WHEREAS, there is a recognition of the value of city-wide GIS and consensus among the City department heads that the Conceptual System Design will serve their needs, and WHEREAS, the Implementation Methodology describes the steps required to implement the Plan; now therefore be it RESOLVED, That the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended as follows: Add (1) Geographic Information System Specialist (40 hours) Add (1) Geographic Information System Data Development Specialist (40 hours) Delete (1) Geographic Information System Map Technician (40 hours) and, be it further RESOLVED, That the Personnel Roster of the Planning Department be amended as follows: Add (1) Geographic Information System and Quantitative Methods Planner (20 hrs) Delete (1) Geographic Information System Administrator (35 hours) and, be it further RESOLVED, That the positions of Geographic Information System Specialist, Geographic Information System Data Development Specialist and Geographic Information System and Quantitative Methods Planner be assigned to the CSEA Administrative Unit at the following grades: Geographic Information System Specialist – Grade 19 Geographic Information System Data Development Specialist – Grade 12 Geographic Information System and Quantitative Methods Planner – Grade 19 and, be it further RESOLVED, That Common Council hereby establishes the following standard workdays for these positions, for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, as follows: August 3, 2005 12 Eight (8) hour workday; forty hour (40) workweek Geographic Information System Specialist Geographic Information System Data Development Specialist Seven (7) hour workday; thirty-five (35) hour workweek (for full-time equivalent) Geographic Information System and Quantitative Methods Planner and, be it further, RESOLVED, That Common Council hereby amends the 2005 Planning Department Budget for said GIS Plan as follows: Budget Transfer from Account A8020-5110 Staff Salaries $10,000 Budget Transfer from Account A8020-5225 Other Equipment $16,204 Budget Transfer to Account A9901 Transfer to Water Fund $9,311 Budget Transfer to Account A9901 Transfer to Water Fund $17,293 and, be it further RESOLVED, That Common Council hereby amends the 2005 Authorized Water and Sewer Budget for said GIS Plan as follows: Increase Revenue Accounts: F2809 Transfer from General Fund $9,311 G2809 Transfer from General Fund $17,293 Increase Appropriations Accounts: F8311-5110 Staff Salaries $9,311 G8111-5110 Staff Salaries $17,293 and, be it further RESOLVED, That Common Council hereby directs the City Controller to make any necessary fringe benefit budget adjustment related to said GIS Plan changes, and be it further RESOLVED, That all changes for the City of Ithaca GIS Plan shall be effective September 1, 2005. Alderperson Zumoff stated that the Information Technology Department was involved in all of the discussions and would be kept involved in the GIS operations. A vote on the Resolution resulted as follows: Carried Unanimously Approval of Wastewater Treatment Plant Agreements - Resolution By Alderperson Berry: Seconded by Alderperson Cogan WHEREAS, The City of Ithaca participated in the development of a series of five Intermunicipal Agreements related to wastewater treatment for the Ithaca Urban Area, three of which were adopted in December 2003, and WHEREAS, the City Administration Committee has reviewed the remaining two agreements, which are largely operational agreements, needed to protect the City’s interests in the Ithaca Area Wastewater Treatment Plant and to implement the Intermunicipal Agreements; now therefore be it RESOLVED, That the Common Council hereby approves the two following Intermunicipal agreements: August 3, 2005 13 Plant-to-Plant Agreement (between City of Ithaca, Town of Ithaca, Town of Dryden, and Village of Cayuga Heights) and Multi-Jurisdictional Pretreatment Agreement (between City of Ithaca, Town of Ithaca, Town of Dryden, and Village of Cayuga Heights) Carried Unanimously Request to Create a Supervisory Position – Water and Sewer - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the Board of Public Works has reviewed the recommendation of the Superintendent to create a duplicate title for Assistant Superintendent for Water and Sewer, and WHEREAS, the board believes that the creation of this duplicate title is justified for a period of time due to the City’s extensive reinvestment in the Water and Sewer Infrastructure, with special attention to the need to rebuild or replace the City’s water treatment plant, the multi-year interceptor sewer program, the multi-year wastewater treatment facilities repair and improvement program, and needed water distribution upgrades, and WHEREAS, the Board of Public Works has directed the Superintendent to work with the Director of Human Resources to construct the necessary backup materials for this position as may be needed by Civil Service or the city itself; now therefore be RESOLVED, That Common Council hereby amends the 2005 Authorized Water and Sewer Personnel Roster as follows: Add: One (1) Assistant Superintendent for Water and Sewer and, be it further RESOLVED, That said Water and Sewer position shall be funded for only a two year period at which time it will be deleted during the development of the 2008 Budget or a new review and recommendation will be made to Common Council, and be it further RESOLVED, That this amendment shall be effective August 8, 2005. Alderperson Korherr questioned what the cost of the position would be. Supt. Gray stated that the final cost for the position has not been determined, as the position has not been finalized. The money is already being funded through an external consultant and the expenses should be less than current expenses. A vote on the Resolution resulted as follows: Carried Unanimously Request to Establish Capital Project for Parking Equipment Acquisition - Resolution By Alderperson Berry: Seconded by Alderperson Coles WHEREAS, the city’s parking garage equipment in all city garages has become obsolete or is not functioning for a majority of the time, and WHEREAS, it is city staff’s recommendation to improve internal control, accountability and revenue collection that the parking equipment in the Dryden Road Garage and Seneca Street Garage be replaced, and WHEREAS, staff has received a cost proposal and estimates the cost of replacing the parking equipment in said two garages at $460,000, and August 3, 2005 14 WHEREAS, the Green Street Parking Garage also is in need of new equipment, but due to the pending renovation or demolition and rebuild of that garage it is recommended to defer the acquisition of that equipment until a later date; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #487 Parking Garage Equipment Acquisition in an amount not to exceed $460,000 for purposes of purchasing parking equipment for Dryden Road and Seneca Street Garages, and be it further RESOLVED, That funds necessary for said acquisition shall be derived from the advance of General Fund monies to be later repaid from the issuance of Bonds and/or Capital Reserve #14 funds. Alderperson Korherr asked whether the City is losing money in the parking garages. Mayor Peterson responded affirmatively, and recapped a meeting she attended with the garage personnel who explained how patrons are cheating the system. A vote on the Resolution resulted as follows: Carried Unanimously COMMUNITY SERVICES COMMITTEE: Resolution, in support of the anti-war message in the exhibit, Eyes Wide Open By Alderperson Korherr: Seconded by Alderperson Coles WHEREAS, Eyes Wide Open, the widely acclaimed exhibition on the human cost of the Iraq war and a commemoration of all the lives lost will be in the City of Ithaca and on Cornell campus from October 6th through October 9th, 2005, and WHEREAS, the exhibit, initiated by the American Friends Service Committee (the Quakers), includes a pair of boots honoring each U.S. military fatality in the Iraq war, and WHEREAS, the exhibition includes a field of shoes and a wall of remembrance to memorialize the Iraqis killed in the conflict, and WHEREAS, the number of U.S. military fatalities is a minimum of 1,800 and might be much higher, and WHEREAS, the Iraqi civilian fatalities is a minimum of 25,000 and might be over 100,000, according to the British medical journal, Lancet, and WHEREAS, the number of U.S. military wounded is a minimum of 13,000 and might be much higher, and WHEREAS, the economic cost of the Iraqi invasion to U.S. taxpayers is now $192 billion and increasing every day, and WHEREAS, there is no evidence that the U.S.-led invasion of Iraq was necessary either because of weapons of mass destruction, ties with Al-Queda, mobile weapons labs, or responsibility for the 9/11 attacks, and WHEREAS, the immense human and economic costs of the war must end, and WHEREAS the exhibition Eyes Wide Open has appeared in communities across the nation and thereby has helped make Americans more aware of the history, cost, and consequences of the war; now, therefore be it RESOLVED, That the Mayor and Common Council of the City of Ithaca join local peace, civic and religious groups in supporting the message of the exhibition Eyes Wide Open, a testament to the toll of the Iraq war. August 3, 2005 15 Discussion followed on the floor regarding the exhibit, the War in Iraq, and the casualties and losses that have resulted. A vote on the Resolution resulted as follows: Ayes (8) Coles, Berry, Whitmore, Zumoff, Tomlan, Townsend, Cogan, Korherr Nays (1) Taylor Carried Adoption of the City of Ithaca Emergency Management Plan - Resolution By Alderperson Korherr: Seconded by Alderperson Whitmore WHEREAS, Common Council and the Mayor are dedicated to protect the safety and well being of its citizenry and their property, as well as its facilities and infrastructure, and WHEREAS, knowledge acquired during annual drills as well as response to actual events have strengthened the ability to deliver emergency response to our residents across agencies, municipalities, Tompkins County and the State of New York, and WHEREAS, staff have created the City of Ithaca Emergency Management Plan using the Empire State model provided by the New York State Office of Emergency Management, and WHEREAS, staff from the City have participated in numerous trainings that have developed skills and knowledge in this area, now, therefore, be it RESOLVED, That Common Council and the Mayor adopt the City of Ithaca Emergency Management Plan, and be it further RESOLVED, That elected officials and staff review the content of the plan and update the appropriate sections on at least an annual basis, and be it further RESOLVED, That all functions within emergency planning be cross trained to existing and new staff, identifying persons based on availability, proximity and transportation. Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Whitmore RESOLVED, That the second Resolved clause be amended to read as follows: “RESOLVED, That elected officials and staff review the content of this living document and update the appropriate sections at a minimum on or before March 31st of each calendar year.” Carried Unanimously Main Motion as Amended: A vote on the Main Motion as amended resulted as follows: Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: Resolution Recognizing and Appreciating the Achievements of the Redbud Woods Working Group By Alderperson Cogan: Seconded by Alderperson Korherr WHEREAS, the area nicknamed “Redbud Woods” by the late Dorothy Reddington, contained redbud trees that produced a violet fringe in the late spring, valuable black walnuts that produced a canopy over the region, and animal species like the pileated woodpecker; and WHEREAS, the Redbud Woods Working Group (RWWG) by pursuing all nonviolent means to preserve the woods, showed their commitment to the belief that natural spaces have a value for their own sake distinct from any purely economic accounting of the benefits of development; and August 3, 2005 16 WHEREAS, in their love of the woodland space, the RWWG reflected Robert Treman's (who owned the original property) commitment to preserving natural landscapes in Ithaca and Tompkins County, as well as the interests of the many community members who have known and walked through the woods; and WHEREAS, the RWWG showed that the fate of Redbud Woods was part of the larger issue of environmental sustainability in Tompkins County; and WHEREAS, by drawing attention to the impact of a parking lot in the residential area of University Hill, the RWWG reflected the interests of the University Hill Residents Association and other groups and individuals who sought to preserve the woods as a buffer between university development and the existing residential community; and WHEREAS, they drew attention to the issue of University parking in relation to the larger problem of sustainability, and as a coalition of students and community members, they demonstrated the continuing need for the University and Ithaca residents to work together as partners sharing a common urban ecology; and WHEREAS, by negotiating an agreement with Cornell University after the destruction of the woods was certain, the RWWG laid the groundwork for significant progress in the issues it publicized and debated. (Among other points, the University has agreed to consult regularly with a permanent committee representing the interests of the Ithaca community, and has agreed to issue free bus passes to all incoming students, thereby taking an important first step towards the long-term goal of reducing traffic pressures in the area while strengthening the operation of TCAT.); and WHEREAS, the Redbud Woods Working Group demonstrated that they did not act for themselves alone but for all those who have a stake in the preservation of natural spaces and in a sustainable urban environment, now therefore be it RESOLVED, and declared on this day, August 3, 2005, that the Mayor and Common Council of the City of Ithaca gratefully recognize the service to the community of the Redbud Woods Working Group, both in their efforts to preserve Redbud Woods and to dramatize the larger issues of environmental sustainability that affect us all. Common Council members expressed their support of the resolution, and voiced their thanks to the Red Bud Woods Working group for their hard work and commitment. A vote on the Resolution resulted as follows: Carried Unanimously MAYOR’S APPOINTMENTS: Rental Housing Advisory Commission: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Nicole Carrier-Titti be appointed to the Rental Housing Advisory Board to fill a vacancy with a term to expire on December 31, 2007, and be it further Youth Bureau Advisory Board: RESOLVED, That Christine E. Philipp be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire on December 31, 2005. Carried Unanimously Alderperson Korherr left the meeting at 9:45 p.m. REPORTS OF COMMON COUNCIL LIAISONS: Liaison Report – Sewer Joint Committee (SJC) Alderperson Cogan submitted the following report: I am the chair of the Sewer Joint Committee, which oversees the Ithaca Area Wastewater Treatment Facility. The Committee includes four city representatives, three Town of Ithaca representatives, and one representative from the Town of Dryden. I am very pleased with the way things are going. August 3, 2005 17 Construction of the Phosphorus Removal project is proceeding, and should be online before the end of the year. We just approved a contract with Stearns and Wheler for a study phase for a number of needed capital projects at the plant. The study phase will give us more information about possible solutions and projected costs, which we can use as we move forward with needed capital improvements, including concrete repairs in the facility, improvements to our septage and leachate receiving stations, and a space needs assessment. We are overhauling our policies that govern the dumping of trucked waste at our facility. This is primarily wastewater from landfills and septage systems that is brought to our facility for treatment, for which we receive payment. This generates a substantial revenue stream. The challenge is to control what gets dumped in the plant so as not to exceed any of our permitted limits or negatively affect the operation of the plant while still maintaining this source of revenue that brings in over $300,000 per year. Jennifer Dotson has submitted her resignation from the SJC, so we will need to find a replacement. If you have any suggestions, please submit them to the Mayor, who will be making the new appointment. Liaison Report – Tompkins Consolidated Area Transit (TCAT) Alderperson Cogan submitted the following report: The TCAT Inc. Board includes three city representatives, three county representatives, and three Cornell representatives. I serve on the budget committee. The big story for TCAT is the 2006 budget. On Monday, July 25, TCAT held a budget orientation for the city, the county, and Cornell. The purpose of this orientation was to give the three partners a preview of TCAT’s proposed 2006 budget and to get feedback as to what to expect in the way of funding from the three partners. As it looks currently, if the city, county and Cornell keep their contributions at the same level as 2005, TCAT will be facing a $464,000 deficit for 2006. This is actually similar to what TCAT is facing in 2005, even with an additional $115,000 contribution per partner over 2004. However, in 2005 TCAT will be using $468,000 from its prior year reserve to make up the deficit. This basically depletes the reserve fund, so there is no money to be used in 2006 to cover the shortfall. To close this gap, the TCAT Budget Committee is recommending that Cornell contribute an additional $251,000 for its volume discount program, which means that they pay a lump sum for the right to issue or sell passes to their staff, faculty and students. This will bring their total annual volume discount payment to just over $2 million. In addition, TCAT is seeking an additional $95,900 from each of the three partners. This will just cover the gap, with a tiny amount extra for unforeseen expenses. If nothing unexpected happens, TCAT will end 2006 with $155,000 in reserve, which is only 1.7% of the budget. It is generally recommended to have between 10% and 20% of an annual operating budget in reserve, so TCAT will be far below that. Raising fares is not an option, since the last time TCAT raised fares, they experienced a substantial drop in cash fare ridership. If TCAT is forced to close the budget deficit without additional revenues, it will mean substantial cuts in service. The problem is that for every dollar that is cut in operational expense, TCAT loses significant revenue from rider fares and State Operating Assistance (STOA) payments. TCAT needs to cut approximately $4 in operational expenses to save $1 in local contributions. The board is aware of the continuing budget difficulties faced by the city and county. The board also wants everyone to understand what it means for TCAT to cut their budget substantially. Please get any feedback about the proposed TCAT budget to me or Alderpersons Whitmore or Mackesey so we can convey your thoughts to the rest of the board. August 3, 2005 18 Liaison Report – Cable Access Oversight Committee (AOC) Alderperson Cogan submitted the following report: I have been the chair of the Cable Access Oversight Committee since it was created to oversee the budget and operation of PEGASYS studio. The Committee includes three city representatives, one Town of Ithaca representative, and one representative from the Village of Cayuga Heights. At our last meeting, I stepped down as chair, and Will Burbank from the Town was elected to serve. The operations of PEGASYS are supposed to be 100% funded by a 0.5% franchise fee contribution from the city, the Town of Ithaca and the village of Cayuga Heights, the “participating municipalities.” Because the funds collected are not enough to completely cover the salary of the studio manager, and because Time Warner is interested in keeping her as an employee, TW has agreed to make up the difference. One of the things specified in the franchise agreement between TW and the city is that users of PEGASYS who do not live in one of the three participating municipalities will have to pay a fee to use the studio and equipment. The franchise agreement says that this fee will be set by the participating municipalities. However, the language in the city code that describes the Access Oversight Committee, Chapter 18, delegates the responsibility for setting this fee to the AOC. The AOC discussed and debated the fee for many months. There was significant resistance to setting any fee, because the majority of AOC members felt that even a modest fee would act as a barrier to participation. They felt that users would either find a way around paying the fee or would stop using the studio, and that no significant revenue would be generated. However, in May 2005, the committee did finally approve the creation of a $0.50 per use fee for users from non-participating municipalities. However, the AOC was informed by Time Warner that a $0.50 per use fee was insufficient, and that they would not administer it. At our most recent meeting on July 19, 2005, the general manager of Time Warner, Tom Doheny, informed the committee that he was seriously considering adhering to language in the franchise agreement that limits the use of the studio to users from the three participating municipalities. This means that users from any of the other municipalities will no longer be able to use the studio or check out equipment from PEGASYS. If Mr. Doheny proceeds, he will likely be approaching the boards of the three participating municipalities seeking to have them create a fee structure that is acceptable. Mr. Doheny has said that he would really like each person to pay the equivalent of the per person average contributed by the participating municipalities. So, for example, if there are 100 users from the three municipalities, and together the three contribute $50,000, then the average per person contribution is $500. In this example, Mr. Doheny would like each user from a non-participating municipality to contribute $500 per year. An earlier version of the user fee considered by the AOC would have set the fee at $30 for the first 6 months and $40 per year after that. While not ideal, Mr. Doheny indicated that he would be willing to support a fee of that magnitude. The Committee will be meeting again on September 8th and will be discussing the issue of the user fees. Ellen Morris-Knower, one of the city representatives, submitted her resignation from the AOC. Therefore, we have an immediate vacancy on the committee. Ideally, the new committee member would have some connection to the schools and educational access, since we try to cover public, educational and government access. If you know of anyone who would be willing to serve, especially someone with an educational bent, please ask them to fill out an application. The educational connection could be as simple as having a child in the local school system. In addition, I will be stepping down from the committee before the end of the year. We will need another member of Common Council to serve in my place. The committee August 3, 2005 19 meets 6 times per year, generally for 90-minute meetings, so this is only a nine-hour annual commitment. If you are interested, please submit your name to the mayor. MINUTES FROM PREVIOUS MEETINGS: Approval of the July 6, 2005 Common Council Meeting Minutes – Resolution By Alderperson Berry: Seconded by Alderperson Coles RESOLVED, That the July 6, 2005 Common Council Meeting Minutes be approved with noted corrections. Carried Unanimously (8-0 Alderperson Korherr absent from vote) ADJOURNMENT: On a motion the meeting adjourned at 9:50 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor