HomeMy WebLinkAboutMN-CC-2008-11-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. November 5, 2008
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Acting Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
Deputy Fire Chief – Parsons
City Chamberlain – Parsons
Youth Bureau Director – Green
GIAC Director - Fort
Deputy Economic Development Director – DeSarno
Information Technology Director – Twardokus
Deputy Police Chief – Barber
EXCUSED:
Alderperson Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
PROCLAMATIONS/AWARDS:
Mayor Peterson declared the week of October 19 – 25, 2008 as International Congo
Week.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Mayor’s 2009 Recommended Budget
Resolution to Open Public Hearing:
By Alderperson Myrick: Seconded by Alderperson Schuler
RESOLVED, That the Public Hearing to Consider the Mayor’s 2009 Recommended
Budget be declared open.
Carried Unanimously
Alan Cohen, City of Ithaca, addressed Council in support of the position taken by Mayor
Peterson regarding adding new positions to the budget. He stated that he would love to
have more staff positions filled at GIAC and the Youth Bureau; however, difficult times
lay ahead with the State budget, and that could have a detrimental impact on the City.
He further stated that the hiring freeze is wise and he advised Council to be prudent in
their budget deliberations.
Resolution to Close Public Hearing:
By Alderperson Cogan: Seconded by Alderperson Myrick
RESOLVED, That the Public Hearing to Consider the Mayor’s 2009 Recommended
Budget be declared closed.
Carried Unanimously
November 5, 2008
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SPECIAL PRESENTATIONS BEFORE COUNCIL:
Peter Stein, Town of Ithaca, reported that the City/Town Joint Study Group has been
meeting for two years to study the possibility of increased shared services, and the
consolidation of the town and city governments to make a “greater Ithaca”. He stated
that the final report would be delivered to Mayor Peterson and Town Supervisor
Engman soon. He suggested a joint meeting of Common Council and the Town Board
to review the report and discuss next steps.
Alderperson Tomlan noted that Mr. Stein has been a dynamic, steadfast, and creative
component to the process, and thanked him for his hard work in this effort.
Alderperson Clairborne arrived at 7:15 p.m.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Angelo Anthony Petito, Code Inspector for the Town of Newfield, addressed Council in
opposition to the proposed city “dump” site in the Town of Ithaca as he feels it will have
a negative effect on the Town of Newfield including the contamination of soil, increased
noise, and increased traffic.
Matthew Kochman, M.E.S.S. Express, LTD (Moving Every Student Safely) addressed
Council, as he is interested in establishing round-trip bus transportation in the City of
Ithaca for college students, so they can enjoy local restaurant/bar establishments
without having to worry about drinking and driving. He explained that he has been
working with the Ithaca Police Department on this proposal; however, he needs
approval from Common Council.
Mack Travis, City of Ithaca, addressed Council in support of the Commons Re-Design
Project and provided a brief ten-year history of development in downtown Ithaca.
Jan Rhodes, on behalf of the Ithaca Farmer’s Market, addressed Council to describe
the services the market provides and the investment it has made in the City of Ithaca.
She further thanked the City’s negotiating team for all of the time and effort given to help
re-negotiate their lease.
Gary Ferguson, Downtown Ithaca Alliance, addressed Council in support of the
Commons Re-Design Project and noted that the Commons is a key economic
development component of the City.
Joel Harlan, Town of Newfield, addressed Council in support of the improvement plans
for Stewart Park and the Commons Re-Design Project.
Alan Cohen, City of Ithaca, congratulated Alderperson Schuler on her re-election to
Common Council. He stated that he objected to Mr. Petito’s use of the term “dump”
because the proposal is for a clean-fill site. He further expressed his support for the
Commons Re-Design Project and noted that moving forward in the planning process
does not commit the City to construction. He urged Common Council to support the
project.
Fay Gougakis, City of Ithaca, extended her congratulations to Alderperson Schuler on
her re-election to Common Council. As a resident of the Commons, she asked Council
members to consider the canyon effect of noise on the Commons when considering the
Re-Design Project. She stated that now is not the time to do this project. She further
asked Council to consider rescheduling their Special meeting on November 24, 2008 as
it is too close to the Thanksgiving Holiday.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Peterson explained that Alderperson Cogan had requested that the Commons
Re-Design Project be added to tonight’s agenda and she felt a special meeting was
more appropriate. She chose a night when Common Council already had a meeting
(City Administration Committee).
November 5, 2008
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Alderperson Cogan noted that he has heard constituent concerns about the Commons
Re-Design Project, and feels the issue needs further discussion. He stated that it is
important to hear from City staff on why this project is important, and noted that he is
pleased a Special meeting has been scheduled. This will give Common Council more
time to consider the issue.
Alderperson Coles noted the momentous occasion last night with the election of Barack
Obama as President of the United States, and shared a touching e-mail from an old
friend who was a civil rights activist.
Alderperson Clairborne noted that there is an attitude of exhilarated jubilance around
the City of Ithaca, and that he hopes these feelings will hasten the healing across the
country. He voiced hope that everyone can work together as the Country moves
forward. He stated that although racism still occurs, he hopes it will be replaced with
respect.
Mayor Peterson noted that she grew up in Chicago, and remembers the 1968
Democratic Convention and the activities that occurred in Grant Park. She noted the
significance of President-Elect Obama making his acceptance speech at the same park.
Alderperson Tomlan echoed the historical perspective of the recent election of Barack
Obama as President of the United States. She was recently conducting research from
the 1960’s and was reading about the turbulent times that included race riots and
attacks on people. She noted the clear contrast for how the country has changed since
then.
Mayor Peterson reported that she would be attending the NYCOM Executive Board
meeting next week for the Legislative Priority Conference to discuss financial priorities
for cities and villages. She further reported that City representatives recently took a tour
of the proposed clean-fill site in the Town of Ithaca and are discussing ways to mitigate
the concerns raised such as recycling of materials, composting, and how to reduce the
amount of truck traffic.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works - Request for Contingency Funds for
Southside Community Center Boiler Repair - Resolution
By Alderperson Clairborne: Seconded by Alderperson Schuler
WHEREAS, the hot water heating system in the Southside Community Center Building
has developed a large amount of scale, which is causing blockages and restrictions in
the distribution pipes and valves, and
WHEREAS, failure to correct this heating system problem could result in loss of building
heat and higher repair costs, and
WHEREAS, the heating system in the Southside Community Center has developed
problems that can result in loss of heat to sections of the building, and
WHEREAS, the Department of Public Works has investigated the problems and has
obtained an estimate of repair costs from a mechanical contractor to install a flow filter
system, isolation valves, and added return lines to the boiler for the amount of
$6,873.00; now, therefore be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $7,300
from account A1990 unrestricted contingency to account A7312-5480 Building
Maintenance to allow for repair of the Southside Community Center heating system.
Carried Unanimously
November 5, 2008
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8.2 Human Resources - Transfer of Funds for Payment of Flu Shots -
Resolution
By Alderperson Clairborne: Seconded by Alderperson Schuler
WHEREAS, Cayuga Medical Center at Ithaca (the Medical Center) has developed a
program of services in occupational health, educational consult, injury prevention, and
rehabilitation therapy aimed at improving quality of employee health and workplace
safety, and
WHEREAS, the Medical Center has offered to provide Flu Shot Clinics in City facilities
to meet our occupational health needs at a rate not to exceed $25.00 per employee,
and
WHEREAS, the Common Council has determined that assisting employees in obtaining
a flu shot, for the 2008 season, will be beneficial to employees and the work
environment, and
WHEREAS, the City has reserved 100 vaccinations from the Medical Center; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the payment of up to $25.00 for
City employees, not covered under another agreement, to receive or be reimbursed for
the shots received in the clinics available at City facilities or through another provider,
and be it further
RESOLVED, That the payment is contingent upon the signing of a Memorandum of
Understanding with the appropriate Collective Bargaining Units, and be it further
RESOLVED, That funds in the amount not to exceed $2,500 shall be transferred from
account A1990 Unrestricted Contingency to account A1430-5430 Human Resources
Fees to fund said vaccinations for 2008.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
City Controller Thayer explained that he submitted two sets of resolutions for Common
Council’s consideration. One set of resolutions includes Common Council’s additions
that equal a 3.98% increase in the tax levy. The other set includes Council’s additions
along with recommended decreases to Engineering staff salary lines for promotions
(that will not affect staff); sidewalk construction material cost increases (there is still
adequate funding); a speed sign for Police Department (that will be purchased with a
Stop DWI grant instead); and an increase of the CPI related to the Cornell University
voluntary contribution. These adjustments total $33,374.
Alderperson Schuler questioned whether this would be enough given the unknowns with
the State budget and the national economy. She suggested that perhaps the tax levy
should be increased slightly to give the City a larger fund balance to offset any
unpredicted decreases in revenues. She stated that keeping the tax rate steady is
preferable to having a dramatic increase next year.
City Controller Thayer responded that he feels comfortable with the proposed budget.
The City has a healthy fund balance, and there are a few other places where
adjustments could be made. He stated that he is trying to be conservative but steady in
funding the services that the City needs.
Alderperson Rosario stated that he welcomed this news; however, he questioned the
budget process. He asked why Council should make the difficult budget decisions if
pockets of money can be found and wondered why this money was not found before.
Mayor Peterson explained that the City Controller is always looking for budget
reductions. He has been cautious with CPI predictions and has closely monitored how
other organization’s decisions could affect the City, such as Cornell’s current
construction “pause”. She further explained that the Stop DWI grant was just
announced.
November 5, 2008
5
City Controller Thayer explained that the budget changes everyday as more information
becomes available. He noted that he was asked to work with Department Heads to find
reductions, and he did.
Alderperson Zumoff stated that he agrees with Alderperson Schuler regarding turbulent
tax rates, and suggested that the City keep the tax levy up to add more to the fund
balance to prepare for uncertain times.
Alderperson Tomlan expressed her appreciation for City Controller Thayer’s efforts and
noted that she is concerned about what the push to look for cuts will look like if it occurs
in the future.
Alderperson Clairborne thanked City Controller Thayer and the contributing
departments for their work on the budget. It offers the “best of both worlds” by funding
positions and keeping the tax levy at the same level.
9.1 Adoption of 2009 Budget - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2009 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2009 and
as those amounts may be altered by action of this Common Council at its November 5,
2008 meeting, are adequate for the operation of the City during 2009, now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2009, together with any additional changes made in said budget at
Council's November 5, 2008 meeting as the City of Ithaca Budget for 2009, in the total
amount of $57,266,822, and be it further
RESOLVED, That the following sections of the 2009 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) General Fund Revenues
F) Water Fund Revenues
G) Sewer Fund Revenues
H) Solid Waste Fund Revenues
I) Debt Retirement Schedule
J) Capital Projects
K) Schedule of Salaries and Positions - General Fund
L) Schedule of Salaries and Positions - Water & Sewer Fund
M) Schedule of Salaries and Positions - Solid Waste Fund
N) Authorized Equipment - General Fund
O) Authorized Equipment - Water Fund
P) Authorized Equipment - Sewer Fund
Q) Authorized Equipment - Solid Waste Fund
Alderperson Rosario noted that he was happy about the lower tax rate; however, based
on promises he made in his campaign, he won’t support additional new positions and so
he won’t support the approval of this budget.
A Vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan
Nays (1) Rosario
Abstentions (0)
Carried
November 5, 2008
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9.2 Adoption of 2009 Tax Rate - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the 2009 City of Ithaca Budget was approved, adopted and confirmed in
the total amount of $57,266,822 on November 5, 2008, in accordance with a detailed
Budget on file in the Office of the City Controller, and
WHEREAS, available and estimated revenues total $39,779,295 leaving $17,487,527
as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 2009 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,429,887,741, and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$25,247,700 for 2009; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2009, be, and
the same hereby is, established and fixed at $12.23 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2009 Tax Roll,
thereby making a total tax levy, as near as may be, of $17,487,527, and be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $12.23 per $1,000
of such taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $57,266,822 be appropriated in accordance with the
Budget adopted, to the respective Boards, Offices and Departments of the City, for the
purposes respectively set forth therein. The 2009 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $3,715,111,073
Less: Value of Exempt Property $2,313,980,100
$1,401,130,973
Plus: Value of Special Franchises $28,756,768
Net Value of Taxable Property $1,429,887,741
Ayes (9) Coles, Dotson, Clairborne, Tomlan, Zumoff, Schuler, Myrick, Cogan
Peterson
Nays (1) Rosario
Abstentions (0)
Carried
9.3 Adoption of 2009 Ithaca Area Wastewater Treatment Plant Budget -
Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2009 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2009 and as those amounts may be altered by action of the Common Council at its
November 5, 2008
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November 5, 2008 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2009; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2009, together with any additional changes made in said
budget at Council’s November 5, 2008 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2009, in the total amount of $3,233,723,
and be it further
RESOLVED, That the following sections of the 2009 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A Joint Activity Fund Appropriations
B Joint Activity Fund Revenues
C Schedule of Salaries and Positions – Joint Activity Fund
D Authorized Equipment – Joint Activity Fund
Carried Unanimously
Alderperson Coles recognized City Controller Thayer for his dedication to the City and
noted that the work he does is admirable. She thanked him for his service.
City Controller Thayer stated that he couldn’t do his job without the help of the Mayor,
Department Heads, his staff and Common Council. He noted that this will be a
challenging year as the City moves forward, and it will require everyone’s cooperation
as future changes to the budget may be required.
9.4 GIAC - Request to Amend Authorized Personnel Roster - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the Greater Ithaca Activities Center (GIAC) has a twenty (20) hour per
week Office Assistant position that has been vacant for two years, and
WHEREAS, due to the high demand on the front office, the director has continued to fill
the position with temporary staff on a full time basis, and
WHEREAS, it has been determined that the difficulty in filling the position is due to the
part-time status of the position; now therefore be it,
RESOLVED, That Common Council hereby authorizes increasing the GIAC Office
Assistant from 20 hours per week to 35 hours per week, and be it further
RESOLVED, That the additional cost for the increase in hours will be derived from the
existing GIAC budget.
Alderperson Coles noted that this addition in hours is very necessary for GIAC. It will
be funded through the existing budget.
Mayor Peterson stated that this has also been included in the 2009 budget.
Alderperson Clairborne disclosed that his wife is the Deputy Director of GIAC and that
he is a member of the Board of Directors of GIAC; however, there is no personal benefit
so no conflict of interest exists.
A Vote on the resolution resulted as follows:
Carried Unanimously
9.5 Attorney’s Office - Declaration of Lead Agency for the Environmental Review
of the Proposed Long-Term Leasing of the City’s “Steamboat Landing” Site to the
Ithaca Urban Renewal Agency, for Subsequent Subleasing to a Sponsor of a
Producer-to-Consumer Market of Locally-Produced Goods and Incubator for
Related Local Businesses - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca is the owner of a parcel of surplus land off the west end of
Third Street Extension, consisting of approximately six acres and known as the
“Steamboat Landing” site, and
November 5, 2008
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WHEREAS, since 1989, the City has leased said site to the Ithaca Farmers Market
Cooperative, Inc. (IFM), for use as a producer-to-consumer market of locally-produced
goods as well as for use by the general public at times when the market is not in
operation, which lease will end on December 31, 2008, and
WHEREAS, the City of Ithaca wishes to have the Steamboat Landing parcel utilized and
enhanced in the future, as a site for the continued enjoyment of the public as well as for
the operation of a producer-to-consumer market featuring sale and promotion of locally
grown and crafted goods, which also serves as an incubator for additional, small, local
businesses, and
WHEREAS, it appears that the most effective means of accomplishing the
aforementioned objectives is for the City to lease the site to the Ithaca Urban Renewal
Agency (IURA), beginning on or about January 1, 2009, so that the IURA may use its
economic development expertise and special authority to select an appropriate
sponsor/sublessee to operate such a market/incubator at the site and to develop a
proposed sublease with terms that will maximize the use of the site consistent with the
City’s objectives, and
WHEREAS, pursuant to Section 507 of General Municipal Law, an urban renewal
agency may lease property at a negotiated rent to a designated qualified and eligible
sponsor without public auction or sealed bids provided (1) that the rent proposed to be
paid by such sponsor and other essential terms of the proposed (sub)lease are included
in a published public notice, and (2) that such (sub)lease is approved by the governing
body (Common Council) after a public hearing held not sooner than ten days after the
publication of such notice, and
WHEREAS, the Steamboat Landing site is located within the urban renewal project area
defined in the Urban Renewal Plan adopted by the Common Council of the City of
Ithaca, and
WHEREAS, the proposed action includes the conveyance of a long-term leasehold
interest in the Steamboat Landing parcel, from the City of Ithaca to the IURA (excepting
out certain rights to be retained by the City, for existing and potential future municipal
sewer lines and the Cayuga Waterfront Trail), and the development and approval of a
proposed, long-term sublease with a qualified and eligible sponsor to operate a
producer-to-consumer market and incubator for small, local businesses at the site
(which proposed sublease will require Common Council approval) and which proposed
lease and sublease would incorporate (but not be limited to) the following provisions:
1. Retained Rights - City shall retain rights to access, repair and replace the
sewer outfall pipe, and to grant an easement for the Cayuga Waterfront Trail;
2. Real Property Improvements – no proposed modification of existing structures
or construction of new structures, by the lessee (or sublessee), that requires a
building permit, shall be permitted without lessor’s (or sublessor’s) prior consent
and, where applicable, site plan review pursuant to City Code;
3. Lease Term - the lease term shall not exceed 40 years, including any options
for extensions;
4. The site – except for the enclosed parts of the pavilion or other, related
buildings – shall remain open for use by the general public when the market is
not in operation;
5. Early Termination - the leases shall include a provision for early termination or
modification by the City (a) for emergency situations, (b) for wastewater
treatment plant purposes, or (c) upon City adoption of a new area plan, involving
part or all of the leased premises, that is inconsistent with continued use of the
premises for a producer-to-consumer market and incubator for small, local
business as configured, and
November 5, 2008
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WHEREAS, the proposed lease of a six-acre parcel is a Type 1 action under the City
Environmental Quality Review Ordinance (CEQRO), thus requiring environmental
review, and
WHEREAS, the Common Council of the City of Ithaca, the Ithaca Urban Renewal
Agency (IURA) and the City’s Board of Public Works (BPW) are all involved agencies
for the purpose of this review, and
WHEREAS, on October 1, 2008, the Common Council declared its intention to act as
lead agency for the purpose of said environmental review, and
WHEREAS, on October 8, 2008, the BPW voted to consent to Common Council’s
acting as lead agency, and
WHEREAS, on October 23, 2008, the IURA voted to consent to Common Council’s
acting as lead agency; now therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
to be the Lead Agency for the environmental review of the proposed long-term lease of
the so-called Steamboat Landing site to the Ithaca Urban Renewal Agency,
commencing on or about January 1, 2009, for subsequent sublease by the IURA to an
eligible and qualified sponsor of a producer-to-consumer market of locally-produced
goods.
Carried Unanimously
9.6 Attorney’s Office - Determination of Environmental Significance of the
Proposed Long-Term Leasing of the City’s “Steamboat Landing” Site to the
Ithaca Urban Renewal Agency, for Subsequent Subleasing to a Sponsor of a
Producer-to-Consumer Market of Locally-Produced Goods and Incubator for
Related Local Businesses - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the Common Council of the City of Ithaca has declared itself to be the lead
agency for the environmental review of the proposed long-term leasing of the so-called
Steamboat Landing site to the Ithaca Urban Renewal Agency (IURA), commencing on
or about January 1, 2009, for subsequent subleasing by the IURA to an eligible and
qualified sponsor of a producer-to-consumer market of locally-produced goods and
incubator for related, local businesses, subject to certain limitations as to the use of the
leased (or subleased) premises, and
WHEREAS, the limitations to be incorporated into any such lease or sublease will
preserve the existing right of public access to the site, including during times when the
market is not in operation, and will require any proposed, substantive physical change
to the site to be approved by the City or by the IURA, and
WHEREAS, appropriate environmental review of the proposed action has been
conducted, including the preparation of a Full Environmental Assessment Form
(“FEAF”), Parts 1, 2 and 3, and
WHEREAS, the proposed action 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
distributed to the City of Ithaca Conservation Advisory Council and the City of Ithaca
Planning and Development Board, and
WHEREAS, the proposed action is a “Type 1” Action under the City’s Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council, acting as Lead Agency, has reviewed the FEAF
prepared by City staff; now, therefore, be it
November 5, 2008
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RESOLVED, That the Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth in the Full Environmental
Assessment Form, Parts 1, 2 and 3, and be it further
RESOLVED, That the Common Council 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 to forward the same to any other parties as
required by law.
Carried Unanimously
9.7 Attorney’s Office - Authorization of (a) the Long-Term Leasing of the City’s
“Steamboat Landing” Site to the Ithaca Urban Renewal Agency, for Subsequent
Subleasing to a Sponsor of a Producer-to-Consumer Market of Locally-Produced
Goods and Incubator for Related Local Businesses, and (b) Adjustment of Certain
Lot Lines - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, the City of Ithaca is the owner of a parcel of land off the west end of Third
Street Extension, consisting of approximately six acres and known as the “Steamboat
Landing” site, which parcel is directly west of the site of the Ithaca Area Wastewater
Treatment Plant, as constructed in the mid-1980s, and
WHEREAS, since 1989, the City has leased the Steamboat Landing site to the Ithaca
Farmers Market Cooperative, Inc. (IFM), for use as a producer-to consumer market of
locally-produced goods as well as for use by the general public at times when the
market is not in operation, which lease will end on December 31, 2008, and
WHEREAS, as a result of the operation of the market, the site has been transformed
into a popular and attractive destination, which is also enjoyed by the public when the
market is not in operation, as well as an important economic contributor for the region,
and
WHEREAS, the City of Ithaca wishes to have the Steamboat Landing parcel utilized and
enhanced in the future, as a site for the continued enjoyment of the public as well as for
the operation of a producer-to-consumer market featuring sale and promotion of locally
grown and crafted goods, which also serves as a incubator for additional, small, local
businesses, and
WHEREAS, it appears that the most effective means of accomplishing the
aforementioned objectives is for the City to lease the site to the Ithaca Urban Renewal
Agency (IURA), beginning on or about January 1, 2009, so that the IURA may use its
economic development expertise and special authority to select an appropriate
sponsor/sublessee to operate such a market/incubator at the site and to develop a
proposed sublease with terms that will maximize the use of the site consistent with the
City’s objectives, and
WHEREAS, the Steamboat Landing site is not needed at this time or in the foreseeable
future, for wastewater treatment purposes, except that the outfall pipe for the current
treatment plant runs under a portion of the Steamboat Landing site, and
WHEREAS, pursuant to Section 507 of General Municipal Law, an urban renewal
agency may lease property at a negotiated rent to a designated qualified and eligible
sponsor without public auction or sealed bids provided (1) that the rent proposed to be
paid by such sponsor and other essential terms of the proposed (sub)lease are included
in a published public notice, and (2) that such (sub)lease is approved by the governing
body (Common Council) after a public hearing held not sooner than ten days after the
publication of such notice, and
November 5, 2008
11
WHEREAS, the Steamboat Landing site is located within the urban renewal project area
defined in the Urban Renewal Plan adopted by the Common Council of the City of
Ithaca, and
WHEREAS, any future needs of the wastewater treatment plant that might affect the
Steamboat Landing site can be addressed by requiring such lease and any subsequent
sublease to provide for (a) immediate access to the outfall line for maintenance, repair
or replacement, (b) municipal occupation of part or all of the leased premises as
necessary, in the event of an emergency at the treatment plant, and (c) modification or
termination of the lease (and sublease) by the lessor, upon reasonable notice, in the
event that it is determined that expansion of the treatment plant into the leased
premises is necessary, and
WHEREAS, the Common Council, acting as lead agency, has completed the
environmental review of this action, and has determined that it will have no significant,
negative impact on the environment; now therefore be it
RESOLVED, That the Common Council hereby approves the leasing of the Steamboat
Landing site (demarcated as “Parcel B” on a survey map entitled “Wastewater
Treatment Facility & Steamboat Landing Site,” prepared by T.G. Miller, P.C., and dated
October __, 2008) to the Ithaca Urban Renewal Agency, for subsequent sublease by
the IURA to an eligible and qualified sponsor of a producer-to-consumer market of
locally-produced goods (subject to Common Council approval of any such sublease),
and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute such a lease to the
IURA, following review by the City Attorney, provided that it contains the following
provisions:
1. Lease Term - the initial lease term shall not exceed 20 years, and any
optional extension shall not exceed an additional 20 years;
2. Retained Rights – The City shall retain rights to access, repair and replace
the sewer outfall pipe, to grant an easement for the Cayuga Waterfront Trail, and
to grant an easement for a sewer line to serve what is now the NYS Department
of Transportation site;
3. Rent from any sublessee shall be paid over by IURA to the City, less a
reasonable administrative fee and any direct costs. 2009 and 2010 rent for
sublessee shall be fixed at amount of Ithaca Farmers Market rent for 2007; in
subsequent years, rent shall be increased by rolling average of cost-of-living
increases for this region, over previous 10 years;
4. Insurance – any sublessee shall be required to maintain insurance
adequate to protect City from liability; initially at least $1,000,000 per event and
$2,000,000 annually, subject to modification by IURA after 2 years.
5. Real Property Improvements – no proposed modification of existing
structures or construction of new structures, by the lessee (or sublessee), that
requires a building permit, shall be permitted without lessor’s (or sublessor’s)
prior consent and, where applicable, site plan review pursuant to City Code;
6. The site – except for the enclosed parts of the pavilion or other, related
buildings – shall remain open for use by the general public when the market is
not in operation or being rented for private events;
7. Any docks constructed by the IFM or any other sublessee shall remain on
the site after the end or termination of the sublease; any sublessee may remove
any other improvements, at sublessee’s cost, at end or termination of sublease;
November 5, 2008
12
8. Early Termination - the lease and any sublease shall include provisions for
early termination or modification by the City (a) without prior notice, for
emergency situations where human life or safety are or are likely to be imperiled,
(b) after initial 5 years, then on 3 years’ notice, upon City adoption of a new area
plan, involving part or all of the leased premises, that is inconsistent with
continued use of the premises, as configured, for a producer-to-consumer market
and incubator for small, local businesses, (c) after initial 10 years, then on 3
years’ notice, in the event that part or all of the leased premises are needed for
wastewater treatment plant purposes, or (d) after initial 20-year term, on 3 years’
notice, for any reason;
9. In the event of early termination by the City, City “buy out” for depreciated
value of certain improvements to site made by any sublessee shall be limited to
amount of one year’s rent, unless sublessee relocates within the City, in which
case such buy out will be limited to 4 years’ rent. Depreciation of improvements
constructed prior to execution of new sublease will generally be on 40-year,
straight-line basis; depreciation schedules for improvements constructed after
such time will generally be consistent with those established for classes of
improvements in Section 11.00 of the NYS Local Finance Law,
and be it further
RESOLVED, That the Common Council hereby approves an adjustment of the lot lines
of record of the following tax map parcels owned by the City of Ithaca, pursuant to
Section 290.6 of the City Code, consistent with the proposal shown on the above-
referenced survey map, in order to facilitate such leasing (as well as the possible
conveyance of the wastewater treatment plant site – to wit, Parcel A on said survey map
– to the joint, municipal owners of that plant, as intended by those parties’ “Joint Sewer
Agreement”):
(a) 24-1-1;
(b) 23-1-1; and
(c) 23-2-1;
and such that what is now Parcel 24-1-1, following such adjustment, comprises primarily
the land actually occupied by the wastewater treatment plant (not including the outfall
pipe route, or any land now occupied by the Ithaca Farmers Market) and demarcated –
on three sides – by the fence enclosing the treatment plant site, and such that what is
now Parcel 23-1-1, following such adjustment, comprises the land leased to and
occupied by the Ithaca Farmers Market, and be it further
RESOLVED, That the Mayor be and hereby is authorized to prepare and submit the
necessary materials to apply for and memorialize the lot line adjustments described
above, and to execute all other documents reasonably required to implement the
provisions of this resolution.
Alderperson Coles explained that the negotiating team has been meeting throughout
the past year to develop this lease. She noted that the Ithaca Farmer’s Market is a
wonderful asset to the community, and thanked the City Attorney and Jan Rhodes
Norman for their hard work and dedication to this issue.
Amending Resolution:
By Alderperson Schuler: Seconded by Alderperson Myrick
RESOLVED, That the First and Third Resolved clauses be amended to read as follows:
“RESOLVED, That the Common Council hereby approves the leasing of the Steamboat
Landing site (to be demarcated as “Parcel B” on a survey map for the Wastewater
Treatment Facility & Steamboat Landing Site, to be completed by T.G. Miller, P.C., and
associated with said lease) to the Ithaca Urban Renewal Agency, for subsequent
sublease by the IURA to an eligible and qualified sponsor of a producer-to-consumer
market of locally-produced goods (subject to Common Council approval of any such
sublease), and be it further”
November 5, 2008
13
“RESOLVED, That the Common Council hereby approves an adjustment of the lot lines
of record of the following tax map parcels owned by the City of Ithaca, pursuant to
Section 290-6 of the City Code, consistent with the proposal as described to Council
and as to be shown on the above-referenced survey map, in order to facilitate such
leasing (as well as the possible conveyance of the wastewater treatment plant site – to
wit, Parcel A on said survey map – to the joint, municipal owners of that plant, as
intended by those parties’ “Joint Sewer Agreement”):
(a) 24-1-1;
(b) 23-1-1; and
(c) 23-2-1;
and such that what is now Parcel 24-1-1, following such adjustment, comprises primarily
the land actually occupied by the wastewater treatment plant (not including the outfall
pipe route, or any land now occupied by the Ithaca Farmers Market) and demarcated –
on three sides – approximately by the fence enclosing the treatment plant site, and such
that what is now Parcel 23-1-1, following such adjustment, comprises the land leased to
and occupied by the Ithaca Farmers Market, and be it further”
Carried Unanimously
City Attorney Hoffman described the areas where he disagreed with the preliminary
survey map and notations regarding the identification of the Farmer’s Market site and
the Wastewater Treatment Plant site.
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.8 Department of Public Works - Request to Take Over Financial Billing for
Septage Disposal at the Ithaca Area Wastewater Treatment Facility from
Tompkins County - Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, in their June 17, 2008 meeting the Tompkins County Legislature has
affirmed their support and desire for the IAWWTF to take over the billing from the
county, and
WHEREAS, the IAWWTF already has responsibility for all of the operational aspects of
septage receiving, treatment, and disposal, assuming the additional responsibility for all
the administrative and billing aspects of the same operation will serve to streamline our
work, making it a completely point of service operation, and
WHEREAS, IAWWTF management and staff have expressed their support for
assuming additional administrative work in a written recommendation to the Special
Joint Committee (SJC) at the August 13, 2008 meeting, and
WHEREAS, the SJC, at its regular meeting on October 8, 2008 approved the request
for the IAWWTF to take over financial billing of septage disposal from Tompkins County,
and
WHEREAS, the efficiencies of a complete point of service operation will outweigh the
additional administrative work entailed, and
WHEREAS, the additional revenue realized from assuming the administrative billing
functions will be $7.53 per 1000-gallons of septage plus $1.00 per truck load* (annually
amounting to about $30,000) which is adequate to cover the additional administrative
expenses incurred; now, therefore be it
RESOLVED, That the Common Council hereby approves taking over completely the
financial billing from Tompkins County for the septage disposal operations at the Ithaca
Area Wastewater Treatment Facility.
November 5, 2008
14
* The IAWWTF currently charges a fee of $41.38/1,000 gallons for septage disposal.
Tompkins county adds an additional $7.53/1,000 gallons plus $1.00 per load to cover
their costs for the billing. If the IAWWTF were to assume this same additional fee
structure to cover our costs, we will be billing $48.91/1,000 gallons plus $1.00 per load.
NOTE: the haulers and residents will not see any rate change on their end of the bill.
Carried Unanimously
9.9 City Controller’s Report
City Controller Thayer reported that Tompkins County Council of Governments
(TCCOG) Health Insurance Consortium members are working to include labor unions in
their health care plan discussions. The Council’s proposed timeline includes program
implementation in June, 2009 and an “opt-in” period that would extend to January 2010.
He explained that City health care rates would most likely remain the same, but the
overall program would be improved by increased efficiencies and related cost savings.
City Controller Thayer reviewed the budget process in case of a Mayoral veto and
answered questions regarding the budget process.
10. COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE:
10.1 Proposed Agreement with NYS Parks for Management of City-Owned
“Festival Lands” - Declaration of Intention to Act as Lead Agency - Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
WHEREAS, the City of Ithaca is the owner of certain lands in the City, contiguous with
the Allan H. Treman State Marine Park, which City-owned lands are comprised of Tax
Map Parcel No. 2-1-1.3, commonly referred to as the “Festival Lands,” and a small,
adjacent portion of Tax Map Parcel No. 2-1-1.2 (north and east, respectively, of the
marina entrance road and the driveway to the State Park maintenance building); and
WHEREAS, the State of New York, through its Office of Parks, Recreation and Historic
Preservation (hereinafter “Parks”), has proposed that the City and the State enter into a
long-term agreement pursuant to which Parks would have the authority and
responsibility to manage, operate and maintain the Festival Lands (together with the
small parcel referred to above) for recreational, educational and conservation purposes
(including provision of a fenced, off-leash area for dogs) and according to the same
standards applied to the adjacent State Park land, otherwise consistent with the
approved 1995 Master Plan for the State Park and subject to certain other conditions
and limitations; and
WHEREAS, representatives of the City and Parks have together developed the
proposed terms of such an agreement, and
WHEREAS, the approval of such an agreement, by the Common Council and Parks,
appears to be an unlisted action under the State Environmental Quality Review Act
(SEQRA) and the City’s Environmental Quality Review Ordinance (CEQRO), thus
requiring environmental review; and
WHEREAS, the SEQRA and CEQRO require that a lead agency be established for
conducting environmental review of non-exempt, proposed actions in accordance with
State and City law; and
WHEREAS, State and City law specify that where more than one agency is “involved”
(i.e., in a position to undertake, fund or approve a proposed action), the lead agency
shall be that involved agency which has primary responsibility for approving, funding or
carrying out the action; and
WHEREAS, the proposed agreement will require the approval of the Common Council
and the State of New York; and
November 5, 2008
15
WHEREAS, the Common Council conducts and makes determinations regarding
environmental reviews on a frequent basis, and is well prepared to undertake and
discharge that responsibility in this instance, in a timely manner, and Parks has
indicated that it prefers for Common Council to act as lead agency in this matter; now
therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare its
intention to act as the Lead Agency for the environmental review of the proposed
management agreement; and be it further
RESOLVED, That the Mayor be and hereby is authorized and requested to ensure that
an Environmental Assessment Form (EAF) is completed for this proposed action; and
be it further
RESOLVED, That the City Clerk be and hereby is authorized to notify the State of New
York, through the regional (Finger Lakes) office of its Office of Parks, Recreation and
Historic Preservation, of Common Council’s intention with regard to this action, and to
ensure that when the EAF for this action has been completed, it is transmitted to Parks,
together with notification that a lead agency must be designated within 30 calendar days
of such transmission; and be it further
RESOLVED, That although the Board of Public Works does not appear to be an
involved agency with regard to this action, the City Charter does confer an oversight
role upon the Board, with regard to City-owned lands, and the Mayor is therefore
requested to provide that Board with information as to the proposed terms of the
management agreement, for its review and possible comment.
Carried Unanimously
11. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
11.1 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter
325, Entitled “Zoning” to Amend Section 325-3 (“Definitions”) and Section
325-20 (“Off-street parking”)
A. Declaration of Lead Agency for the Environmental Review – Resolution
By Alderperson Tomlan: Seconded by Alderperson Dotson
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 state
and local 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 the
City Environmental Quality Review (“CEQR”) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of the proposed amendment
to the Off- street Parking Ordinance.
Alderperson Tomlan explained that the intent of the Ordinance is to re-organize and
clarify the City Code language to make it easier to enforce.
Discussion followed on the floor regarding how enforcement is currently being handled.
City Attorney Hoffman noted that this Ordinance addresses new parking areas and
expansions of existing lots. He explained that the City can’t make the legislation retro-
active unless the existing situation occurred without proper approval.
A Vote on the Resolution resulted as follows:
Carried Unanimously
November 5, 2008
16
B. Determination of Environmental Significance – Resolution
By Alderperson Tomlan: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca is considering an amendment to Sections 325-3 and 325-
20 of the Municipal Code regarding the City’s Off-street Parking Ordinance, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (“SEAF” dated August 25,
2008), 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 Short 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.
Alderperson Coles thanked Alderperson Tomlan for the amount of work she dedicated
to address the needed changes in this ordinance. She noted that this legislation has
been a work in progress for a number of years, and may not have been completed
without her. Alderperson Coles further stated that the South Hill neighborhood is very
appreciative of this effort.
A Vote on the Resolution resulted as follows:
Carried Unanimously
C. An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter
325, Entitled “Zoning,” to Amend Section 325-3 (“Definitions”) and Section 325-20
(“Off-street parking”)
By Alderperson Tomlan: Seconded by Alderperson Dotson
WHEREAS, the provision of off-street parking areas may be a benefit to individual
properties and neighborhoods to accommodate vehicles for long-term and short-term
storage, but may also be detrimental to property values, neighborhood character and
the natural environment, particularly in residential zones, and
WHEREAS, in the interest of obtaining the benefits and curtailing the detrimental effects
of off street parking areas, the City of Ithaca has regulated such parking in Section 325-
20 of Chapter 325, Zoning in the City of Ithaca Code, and
WHEREAS, it is important that the presentation of such regulations be as clear and
consistent as possible; now, therefore, be it
RESOLVED, That Sections 325-3 and 325-20 be amended to read as follows:
November 5, 2008
17
ORDINANCE NO. 2008-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1:
Section 325-3 of the City of Ithaca Municipal Code entitled “Definitions” is hereby
amended to add the following definitions:
§ 325-3. DEFINITIONS.
Driveway. A means of vehicular access from a street to the interior of a lot.
Driveway Aisle. The portion of a driveway which gives immediate vehicular access to 2
or more parking spaces.
Section 2:
Section 325-20 of the City of Ithaca Municipal Code entitled “Off street parking” is
hereby deleted in its entirety and replaced as follows:
§ 325-20. OFF STREET PARKING. [Amended 2-4-1987 by Ord. No. 87-6; 8-13-1987
by Ord. No. 87-13; 4-6-1988 by Ord. No. 88-4; 7-11-1990 by Ord. No. 90-5; 9-5-1990 by
Ord. No. 90-10; 1-2-1991 by Ord. No. 91-4; 8-5-1992 by L.L. No. 3-1992; 9-6-1995 by
Ord. No. 95-10; 3-6-1996 by Ord. No. 96-3]
A. Purpose and intent. The intent of this section is to regulate uniformly the
development and maintenance of off-street parking for both public and private
uses. The following regulations are designed to provide adequate parking and safe
vehicle movements while minimizing any detrimental effects to adjacent properties,
to surrounding neighborhoods and to the environment.
B. Applicability. Except as specified in § 325-8, the District Regulations Chart, which
is available in the City Clerk’s office, § 325-20 shall, after the effective date, govern
the creation, alteration or expansion of all off-street parking areas. Section 325-20
shall also govern the maintenance of all off-street parking areas.
C. General requirements.
(1) Required submissions and approvals
(a) Site plans and building permit. In all zoning districts, no parking area or
driveway may be constructed, added to, altered, or resurfaced (except for
routine repairs in kind or other minor alterations of an existing parking area,
other than resurfacing, that do not change the parking area or driveway's
size, capacity, configuration, or drainage characteristics) until a building
permit therefor has been issued by the Building Commissioner. All such
building permits shall be in accordance with this chapter's requirements.
Prior to obtaining a building permit, the applicant must submit two
dimensioned plans, drawn to scale, one indicating the existing conditions,
and one that indicates the proposed conditions, including the locations of
all of the green areas, parking areas, associated maneuvering areas and
driveways, any required screening, direction of ground slope, and drainage
provisions, and includes a calculation in square feet of the area of paving
and the area of the yard in which paving already exists or is proposed to be
constructed.
(b) Certificate of appropriateness. Any proposed parking development in
areas under the jurisdiction of the Ithaca Landmarks Preservation
Commission must obtain a certificate of appropriateness from the
Commission before a building permit can be issued.
(c) Site plan review. The creation or expansion of certain larger off-street
parking areas is also subject to site plan review. (See Chapter 276 for the
applicability of site plan review which, if required, must be completed
before a building permit can be issued.)
November 5, 2008
18
(d) Street permits. No curb cut, driveway entrance and/or drainpipe in the
street right-of-way shall be built or installed unless a street permit has first
been obtained from the City Engineer.
(e) City tree removal. There shall be no removal of any tree located on city
property unless approval has first been granted by the City Forester.
(2) General standards for all off-street parking areas, driveways and curb cuts.
(a) Parking. All off-street parking must occur in approved parking spaces,
parking areas or parking lots meeting the general standards for all off-
street parking areas in § 325-20C(2). Parking is specifically not permitted
on lawns, sidewalks, or other spaces not developed as a parking space.
[Added 2-4-1998 by Ord. No. 98-5]
(b) Clear boundaries. All parking areas, including associated driveways and
vehicle maneuvering areas, shall have clearly defined boundaries. A
"clearly defined boundary" shall mean, at a minimum, the existence of a
distinct edge to the material used to pave the parking area, such that the
yard area where parking is permitted is clearly distinguished from the yard
area where parking is not permitted. Where approved parking areas are
contiguous with sidewalks or other paved areas, there shall be a minimum
4” high curb or other equivalent continuous permanent barrier separating
the parking area from other paving, except as required to allow for
accessibility.
(c) Physical character of parking spaces. Each parking space shall be even-
surfaced and internally unobstructed by structures, walls, landscape
elements or other obstructing features, except that low curbs or wheel
stops may be located within or adjoining a space if they do not impede
vehicular access to or egress from the parking space. The surface of the
parking area and that portion of the access driveway which is not included
in Subsection C(2)(e)[1] below shall conform to standards and
specifications available at the office of the City Engineer and shall at a
minimum be a maintainable surface which will support the sustained
loads. Acceptable surface materials include crushed stone, brick,
concrete, asphalt, permeable pavement, or similar materials.
(d) Drainage. All newly constructed or enlarged parking areas, including
associated driveways and vehicle maneuvering areas, shall have
adequate provisions to prevent surface or runoff water from draining to or
across adjoining properties, sidewalks or streets during, at a minimum, a
two-year storm event, and shall comply with the provisions of Chapter
282, Stormwater Management and Erosion and Sediment Control. In the
event of inconsistency, the provisions of Chapter 282 shall prevail.
Stormwater runoff shall not be designed to flow across any public sidewalk
as a primary method of delivering the runoff to a stormwater facility. All
drainage systems in existing parking areas shall be maintained in good
working order. For more detailed requirements for parking areas with the
capacity for three or more parking spaces on lots within residential zoning
districts see also Section E(3) and for parking areas on lots in
nonresidential zoning districts see also Section F(2).
(e) Access requirements. All parking spaces shall have access to the street
by way of a driveway.
[1] The portion of access driveways extending from the street to the
sidewalk, or to the property line if no sidewalk exists, must be hard-
surfaced with concrete, brick, asphalt or other approved material, as
required by the City Engineer.
[2] Driveways must be at least eight feet in residential zoning districts
and at least 10 feet wide in non-residential zoning districts, and must
have clear visibility to the street. Any required screening must be so
designed that it shall not interfere with sight lines necessary for
pedestrian and driver safety.
November 5, 2008
19
[a] Maximum driveway grades. Driveways to areas containing
parking spaces for four or more vehicles shall be graded to
form a street entry with a maximum grade of 8% for a distance
of 25 feet from the curbline.
[b] Adjacent driveways and combined curb cuts. Driveways on
adjacent lots may be side by side or may be combined.
[3] Driveway aisles. In residential zoning districts, one-way driveway
aisles shall have a minimum width of 10 feet. In nonresidential zoning
districts, one-way driveway aisles shall have a minimum width of 12
feet. In all zoning districts, two-way driveway aisles shall have a
minimum width of 20 feet and a maximum width of 24 feet.
(f) Required maintenance. So long as they remain in use as such, all parking
areas and associated driveways and vehicle maneuvering areas as well as
any required screening, plantings and drainage systems must be
maintained to preserve their intended function and to prevent nuisances or
hazards to people, surrounding properties and public ways. Any planting
required by the provisions of this section (such as planting for the purpose
of screening or shading) that dies or, in the opinion of the City Forester,
becomes too unhealthy to serve its intended function shall be replaced at
the earliest occurring suitable planting season by healthy planting that
satisfies the provisions of this section.
(g) No refuse or litter. All parking areas, including associated driveways,
vehicle maneuvering areas and interior or peripheral planting areas, must
be kept free of refuse or litter.
(3) Number of off-street parking spaces required.
(a) Not withstanding anything contained herein to the contrary, there are no
requirements as to the minimum number of off-street parking spaces in the
following zoning districts: WF-1 [Added 3-26-2004 by Ord. No. 2004-3],
WEDZ-1a [Added 3-1-2000 by Ord. No. 2000-2], CBD-60, CBD-85, CBD-
100, CBD-120, B-1b, and B-2c.
(b) Parking spaces required for specific uses. Off-street parking spaces shall
be provided and maintained in accordance with § 325-20C(2) by the
property owner for each use or building which is newly established, erected
or enlarged after the effective date of this section (March 6, 1996), as
specified in the following chart:
Use1 Spaces Required2
Adult day-care home or group
adult day-care Facility
1 for client use, plus 1 per 2
supervisory staff or employees not
residing on the premises
Dormitory 1 per 4 persons housed
Dwelling unit
1 per 3 bedrooms or sleeping rooms,
plus 1 per 2 additional bedrooms or
sleeping in excess of 5 such rooms
Fraternity, sorority or group
house 1 per 2 persons housed
Rooming or boarding house 1 per 3 sleeping rooms
Auditorium or theater 1 per 5 seats
Bar, tavern or restaurant
1 per 50 square feet of net floor area of
the assembly space
Bed-and-breakfast home or bed-
and-breakfast inn 1 per guest room1,3
Bowling alley 2 per bowling lane
Church, funeral home or
mortuary 1 per 10 seating spaces
Fitness center or health club
1 per 5 persons allowed as determined
by the maximum occupancy load
Home occupation requiring
special permit 1 space3
Hospital or nursing or 1 per 5 patient beds
November 5, 2008
20
convalescent home
Hotel or motel 1 per guest room
Medical or dental office
1 per 250 square feet of net assignable
floor area
Nursery school, child day-care
center or private elementary or
secondary school
1 per 2 employees plus 1 per 15 pupils
enrolled
Office or bank
1 per 250 square feet of net assignable
floor area
Retail store or neighborhood
commercial facility
1 per 500 square feet of net assignable
floor area
Wholesale or industry
1 per 2 employees on maximum work
shift
Boat launch 8 per ramp4
Boat storage or repair 1 per 2 employees on maximum shift
Boatel 1 per 2 sleeping rooms
Marina 1 per 4 berths
Yacht club 1 per 4 member families
Human service agencies and
centers [Added 6-5-1996 by
Ord. No. 96-9] 1 per 250 square feet of floor area
NOTES:
1. In the case of mixed use of a building or property, the space
requirements shall be computed for each use, and the total
requirements for all uses shall be provided in accordance with this
section.
2. See also the District Regulations Chart for districts in which off-
street parking is not required.
3. Unless the Board of Appeals, upon consideration of all relevant
factors, including but not limited to the easy availability of on-
street parking or the expectation that a lesser parking requirement
will meet the parking needs of the use, determines during
consideration of the special permit that a lesser off-street parking
requirement is appropriate and will not have a negative impact on
the surrounding neighborhood.
4. Boat-launching ramps shall maintain 75% of their parking spaces
at a size of ten feet by forty feet to accommodate boat trailers.
Consult the New York State Parks and Recreation Department on
space requirements for maneuvering.
(c) Parking in the Collegetown Parking Overlay Zone [Added 10-4-2000 by
Ord. No. 2000-9]
[1] Notwithstanding anything to the contrary contained herein, in the
CPOZ, required off-street parking for residential uses in the R-3a
and R-3b zoning districts (Residential) and the B-2a and B-2b
Zoning districts (Business) shall be one space for every two resident
occupants in the areas designated CPOZ on the map entitled
"Collegetown Parking Overlay Zone," dated June 2000, a copy of
which is on file in the Ithaca City Clerk's Office. [Added 8-2-2000 by
Ord. No. 2000-7]
[2] The requirements contained in subsection 325-20C(3)(c) shall
not apply to buildings existing within the designated areas as of
October 4, 2000. Parking requirements for such buildings within
these areas shall remain as specified in the chart 325-20 C(3)(b),
provided that there is no increase in the number of resident
occupants. Notwithstanding anything to the contrary contained in this
Code, in cases where the number of resident occupants is increased,
the parking requirements of the Collegetown Parking Overlay Zone
shall be applied only to the additional resident occupants.
(d) Enclosed parking spaces that meet the minimum parking space size
requirements shall be counted toward meeting the required number of
parking spaces.
November 5, 2008
21
(e) Counting of end-to-end parking spaces. When determining the number of
off-street parking spaces provided to fulfill the number of off-street parking
spaces required for a use, no more than one pair of end-to-end parking
spaces shall be counted, unless all spaces have adequate maneuvering
space or direct street access. This is not to prevent the use of a parking
area for more than a single pair of end-to-end parking spaces if conditions
warrant.
(f) Shared parking. In a case where two or more establishments on the same
lot, or on lots meeting the distance requirements found in § 325-20C(4)(d)
of this section, have substantially different operating times, the Building
Commissioner (or, in the case of a project subject to site plan review, the
Planning and Development Board) may approve the joint use of parking
spaces, provided that the Building Commissioner or the Board finds that
the intent of the requirements of § 325-20 is fulfilled by reason of variation
in the probable time of maximum use by patrons and employees among
such establishments.
(4) Location requirements. [Amended 5-5-1999 by Ord. No. 99-5] All required
parking spaces provided pursuant to this section shall be on the same lot as
the building, use or activity that they serve or may be located off site on
another lot or parcel other than the lot or parcel on which the use is located or
conducted provided that such off-site parking meets the distance and use
district limitations as established below.
(a) The lot or parcel containing the off-site parking area must be connected to
and accessible by vehicular traffic from a public street. Off-site parking
cannot also be counted toward compliance with the parking requirement for
any other use except for those uses for which the Building Commissioner
has determined that shared parking is appropriate, as provided for in §
325-20C(3)(f).
(b) Use district. An off-site parking area must be located on a lot or parcel
located in the zoning district in which the use which requires the off-street
parking is also a permitted use as a matter of right. Any off-site parking
which is required for compliance with the parking requirement for a use
which is permitted by use variance from the district regulations must also
obtain a use variance for the off-site parking area; in these instances the
notice requirements of this chapter shall apply to all lots involved. The
notice requirements of this chapter shall apply to all lots if a use variance
is required.
(c) Pedestrian way required. A pedestrian way, which in this case may be
private or public, must connect the lots or parcels of both the use and the
off-site parking area. The pedestrian way must meet the standards of a
public sidewalk or as otherwise approved by the Board of Public Works.
(d) Distance from use. The distance from the lot or parcel containing the off-
site parking area and the lot or parcel containing the use which requires the
off-site parking shall be measured from parcel to parcel following and along
the pedestrian way that connects the off-site parking area to the use.
Except where no public sidewalk exists or where no crosswalks or corner-
curb aprons exist within 125 feet of the lot or parcel which requires the off-
site parking, pedestrianways that cross a public street shall be measured in
a way that only crosses such streets at crosswalks or corner-curb
aprons.The maximum distances of the pedestrian way shall vary by use
and shall be no longer than as follows:
[1] For mercantile uses, off-site parking lots or parcels must be within
250 feet of the lot or parcel on which the use is conducted.
[2] For all other uses, off-site parking lots or parcels must be within 500
feet of the lot or parcel on which the use is conducted.
(e) All land which is used to provide off-site parking must be restricted to that
use only, for as long as the building is occupied by the use which requires
off-street parking or until substitute parking, approved by the Building
Commissioner, is provided. Evidence of such off-site parking shall be
provided in the form of a recorded covenant, long-term lease or
comparable document that is approved by the Building Commissioner.
November 5, 2008
22
(5) Parking space, driveway, and driveway aisle size requirements.
(a) Parking space size requirements for parking areas with 10 or fewer parking
spaces. For such parking areas, a parking space shall have a minimum
dimension of eight feet by eighteen feet, exclusive of pedestrian ways,
maneuvering space and driveways appurtenant thereto and giving access
thereto. The edge of the parking space pavement may be up to two feet
inside the outermost line of the parking space where unobstructed vehicle
overhang is available. All parking spaces shall have adequate access.
(b) Parking space size requirements for parking areas with 11 or more parking
spaces.
[1] Perpendicular parking. For parking perpendicular to the driveway
aisle, parking spaces shall be eight feet six inches by 18 feet. The
edge of the parking space pavement may be up to two feet inside the
outermost line of the parking space where unobstructed vehicle
overhang is available
[2] Parallel parking. For parking parallel to the driveway aisle, parking
spaces shall be eight feet six inches by 20 feet.
[3] Angle parking. For angle parking, a standard parking space shall have
a minimum area of 255 square feet, the length of which shall be
measured, at the same angle of parking, from the center of the
outermost edge of the parking space to the center line of the
driveway aisle giving access to the parking space. The edge of the
parking space pavement may be up to two feet inside the outermost
line of the parking space where unobstructed vehicle overhang is
available.
(c) Possible variation from above standards under site plan review. The
Planning and Development Board may, at its discretion, allow parking
space sizes that vary from the above standards in those instances where
Chapter 276, Site Plan Review, applies.
(d) Parking for people with disabilities. For parking for people with disabilities,
the combined width of parking and access aisle shall be in compliance with
the New York State Uniform Fire Prevention and Building Code. Signage
as required by the NYS Uniform Fire Prevention and Building Code shall be
provided for all accessible parking spaces and associated access aisles.
D. Parking in front yards.
(1) In all residential districts, all front yard parking within 15 feet of the front
property line is restricted to a motor vehicle orientation that is within 10° of
perpendicular to the street.
(2) In all residential districts, parking in the front yard of lots which have a width at
the street line of 50 feet or less shall be restricted to parking within a driveway
that is perpendicular to the street or that is within 10° of perpendicular to the
street. Such driveway shall not be more than 12 feet wide for the portion that
passes through the front yard.
(3) In all residential districts, parking in the front yard of lots which have a width at
the street line of more than 50 feet shall be restricted to an area not greater
than 25% of the total area of the front yard, including turnaround and other
vehicle maneuvering areas and driveways leading to garages and parking
areas. The setback for any such parking area must meet the minimum front
yard setback dimensions specified in 325-8, District Regulations Chart, for the
zoning district in which the parking area is to be constructed.
(4) In all residential districts, on corner lots with more than one front yard as
defined in this Code, front yard parking according to the above provisions shall
only be permitted on one of the front yards.
(5) In all residential districts, where a parking area will use a front yard, the use of
the front yard for parking and associated maneuvering space shall not exceed
the amounts permitted by this section. Any permitted front yard parking area
shall have a clearly defined boundary as required by § 325-20C(2)(b), and the
remainder of the front yard shall be landscaped as a green area in keeping
with the surrounding neighborhood.
(6) In all districts, when a parking area is established on a lot that does not contain
a building, an area equivalent to the front yard that would be required if a
building did stand on the site shall be kept free of parking (except for an
access drive to the parking area). The area equivalent to the front yard that
would be required if a building did stand on the site shall be landscaped in
November 5, 2008
23
keeping with the surrounding neighborhood and shall be separated and
protected from the parking area by a suitable fence or safe barrier. (See the
more detailed screening requirements described below for parking areas
within residential zoning districts.)
E. Requirements for new or enlarged parking areas with the capacity for three or
more parking spaces on lots within residential zoning districts.
(1) Required permits. Plans submitted must include a site plan drawn to scale with
all existing and proposed green areas, parking areas, associated maneuvering
areas and driveways clearly indicated and dimensioned, must indicate
required screening, ground slope and drainage provisions and must include a
calculation in square feet of the area of paving and the area of the yards in
which paving already exists or is proposed to be constructed. No building
permit shall be issued unless the requirements of §325-20C(1)are met.
(2) Screening. The entire parking area, except entrances and exits, shall be
screened from public ways and adjacent properties. Screening devices shall
be at least four feet high, except where they are within 10 feet of the entrance
or exit, or within 20 feet of a property lot corner at a street intersection.
Screening may consist of hedge planting, walls, fences, trellises or a
compatible combination of these elements. Screening is not required where
the parking area is screened from the view of adjoining properties by buildings
or other accessory structures, or sufficiently dense vegetation located on the
same parcel as the parking area. Similarly, screening is not required where
buildings or accessory structures without windows or other openings facing the
parking area or other such screening devices exist on neighboring parcels and
effectively screen the parking area. However, upon removal of said building,
accessory structure or other such screening device by the adjoining property
owner, the required screening shall be installed within one year.
(a) Planting for the purpose of screening. Planting for the purpose of screening
shall form a year-round dense screen at least four feet high within two
years of the initial planting. Planting areas shall be curbed or otherwise
protected from vehicle damage on the parking area sides, be at least five
feet wide and have a minimum three-foot-deep excavation prior to planting.
(b) Fences and walls for the purpose of screening. Fences for the purpose of
screening must be sufficiently opaque, whether alone or in combination
with planting or other design elements, to function as an effective visual
barrier. Walls for the purpose of screening must be compatible in scale,
texture and color with surrounding structures.
(3) Drainage. Surface or runoff water must be collected and transmitted or piped to
the nearest storm sewer or, if a storm sewer is not available, then through
underground piping to the street gutter, or provisions shall be made for
stormwater retention or recharge. Stormwater drainage systems, including
their connections to public stormwater facilities, shall be in accordance with
this Code and with the provisions of Chapter 282, Stormwater Management
and Erosion and Sediment Control, and shall be subject to approval by the
City Engineer.] The applicant must provide runoff calculations for the parking
area for a two-year storm event and must calculate the appropriate pipe sizes
and additional collection devices necessary to carry the water to the public
stormwater system. When conditions warrant, the City Engineer may require
installation of a sump in the last structure in a parking area runoff collection
system prior to the delivery of stormwater to a public stormwater facility.
Installation, maintenance and repair of any pipe delivering stormwater to a
public stormwater facility shall be the responsibility of the property owner.
Such installation, maintenance and repair within a public right-of-way shall only
be performed with the written permission of the City Engineer.
(4) Maintenance. The landscaping or other elements used to comply with § 325-
20E shall be maintained, replaced or pruned as required to fulfill this section's
standards, including provision of the required screening and compatibility with
the surrounding residential neighborhood.
(5) Compliance methods. In order to protect the character of residential areas,
plans for parking areas with the capacity for three or more cars within
residential zoning districts must conform to either the setback compliance
method or the landscaping compliance method described respectively in
Subsections 325-20E(5)(a) and (b) below. Such plans must also comply with
all other general and specific standards of § 325-20. Where turnarounds, or
November 5, 2008
24
other maneuvering spaces not required for access to parking spaces, are
provided that meet minimum size for a parking space, they shall be counted as
a parking space for the purposes of this subsection.
(a) Setback compliance method. Parking areas using the setback compliance
method shall conform to the following standards:
[1] Setbacks. The parking area shall be located a minimum distance of
five feet from any side or rear interior lot line. These setbacks shall
not apply to any driveway up to 12 feet in width that provides access
for vehicles.
[2] Maximum yard coverage. The parking area, excluding any driveway
up to 12 feet in width that provides vehicle access to a street, but
including all other turnaround and vehicle maneuvering areas
associated with parking, shall not cover more than 50% of any side or
rear yard. For the purposes of this calculation the area of a side or
rear yard shall not include the building area of any accessory
structure located in the yard.
(b) Landscaping compliance method. A plan for a parking area using the
landscaping compliance method shall be submitted to the Planning and
Development Board for review, unless the proposed site is under the
jurisdiction of the Ithaca Landmarks Preservation Commission, in which
case the plan shall be submitted instead to the Commission for review. The
Board may designate a member of the Department of Planning and
Development to approve such a parking area on its behalf. The required
building permit shall not be issued until a plan approved by either the
Board, the Board's designee or the Commission, as appropriate in each
case, is on file in the Building Department. The reviewing body may, at its
discretion, approve a parking area that covers more than 50% of any side
or rear yard or that lacks the required 5’ setback from the property lines, if
the reviewing body finds that mitigating factors such as, but not limited to,
the following exist:
[1] Natural land forms or tall vegetation provide significant shielding of
views toward the parking area from the street and/or adjacent
properties.
[2] The configuration of the parking area protects and preserves existing
healthy and mature vegetation, especially trees over eight-inch DBH
(diameter at breast height).
[3] One or more curbed and landscaped planting areas are provided
within the parking area. Any such interior planting area shall be a
minimum of 80 square feet with no dimension being less than eight
feet.
[4] The parking area will be substantially shaded by existing woodland or
canopy trees, or the parking area plans call for the planting of trees of
a species that, at maturity, will provide canopy shading. Trees
currently or prospectively providing such shade may be located
around the periphery of the parking area or in interior planting areas.
Any such interior planting area accommodating such canopy trees
shall be a minimum of 80 square feet with no dimension being less
than eight feet. Such interior planting areas shall be curbed and have
a minimum three-foot-deep excavation prior to planting.
[5] All property owners using the landscaping compliance method must
notify surrounding property owners by placing a notice at the project
site in the form prescribed by the Planning and Development Board
or the Ithaca Landmarks Preservation Commission as appropriate.
F. Parking areas on lots in nonresidential zoning districts. Plans complying with the
requirements of this section shall be submitted for any employee, customer and/or
public parking area on a lot in a nonresidential zoning district, or for a residential
parking area with the capacity for three or more cars on a lot in a nonresidential
zoning district, for the required building permit. Plans submitted must include a site
plan drawn to scale with all existing and proposed parking areas, associated
maneuvering areas and driveways clearly indicated and dimensioned, must
indicate required screening, ground slope and drainage provisions. The plans shall
conform to the following regulations and standards, in addition to all other
applicable portions of § 325-20:
November 5, 2008
25
(1) Access. The portion of access drives extending from the street to the sidewalk,
or to the property line, if no sidewalk exists, must be hard-surfaced with
concrete, brick, asphalt or other approved material as required by the City
Engineer. Drives must be at least 10 feet wide and have clear visibility to the
street. Edges of access drives shall be readily visible, and divisions between
lanes on multilane access drives shall be marked.
(2) Drainage. Surface or runoff water must be collected and transmitted or piped to
the nearest storm sewer or, if a storm sewer is not available, then through
underground piping to the street gutter, or provisions shall be made for
stormwater retention or recharge. Stormwater drainage systems, including
their connections to public stormwater facilities, shall be in accordance with
this Code and with the provisions of Chapter 282, Stormwater Management
and Erosion and Sediment Control, and shall be subject to approval by the
City Engineer.] The applicant must provide runoff calculations for the parking
area for a two-year storm event and must calculate the appropriate pipe sizes
and additional collection devices necessary to carry the water to the public
stormwater system. When conditions warrant, the City Engineer may require
installation of a sump in the last structure in a parking area runoff collection
system prior to the delivery of stormwater to a public stormwater facility.
Installation, maintenance and repair of any pipe delivering stormwater to a
public stormwater facility shall be the responsibility of the property owner. Such
installation, maintenance and repair within a public right-of-way shall only be
performed with the written permission of the City Engineer.
(3) Parking areas on nonresidential zoning district lots when such lots are
contiguous to residential zoning district lots. A parking area on a nonresidential
zoning district lot when such lot is contiguous to a residential zoning district lot
shall be screened from the residential zoning district lot by a solid fence or wall
at least six feet high, except within 10 feet of the parking area's entrance or
exit. Such fence or wall shall be protected by wheel stops that prevent cars
from damaging the fence or wall. Such screening is not required where the
parking area is screened from the view of the adjoining residential property by
a building or other accessory structure located on the same parcel as the
parking area. Similarly, such screening is not required where a building or
accessory structure without windows or other openings facing the parking area
or other such screening device exist on adjoining residential parcels and
effectively screen the parking area. However, upon removal of said building,
accessory structure or other such screening device by the adjoining property
owner, the required screening shall be installed within one year.
G. Parking in WEDZ-1 District. [Added 3-1-2000 by Ord. No. 2000-2] The Board of
Planning and Development may approve notwithstanding anything contained
herein to the contrary, where off-street parking abuts the sidewalk in the WEDZ-1a
or WEDZ-1b District, the two areas must be separated by a low wall, with or
without plantings, or a planted hedge. The setback of the wall or hedge must meet
the fifteen-foot minimum, twenty-foot maximum setback requirement for new
buildings. The area of the setback shall include a minimum eight-foot-wide tree
lawn, a minimum five-foot-wide sidewalk and an additional two-foot distance
between the sidewalk and the wall or hedge. Where a fifteen-foot setback is not
feasible, the Planning and Development Board may approve a minimum eleven-
foot-wide sidewalk between the curb and the building facade. If parking and
sidewalk are separated by a low wall, the wall must be no less than three feet and
no greater than four feet high. A hedge planting may be substituted if the planting
area is at least four feet wide. The hedge shall be no less than three feet and no
greater than four feet high.
H. Parking in the Southwest Area. Parking areas are not permitted in the first 100 feet
measured from the nearest curb of a public street, unless the minimum setback
requirements for the Southwest Area Zoning District have been met in accordance
with § 325-29.2B(1) through (3). [Added 12-3-2003 by Ord. No. 2003-21]
I. Parking for the U-1 Zoning District.[Amended 1-10-2007 by Ord.No. 2007-2]
(1) For the purpose of this section, "main campus" shall be defined as the area
outlined on the map entitled "Main Campus Parking Inventory, Cornell
University Planning Office, March 2006," or on any updated map as
provided for in § 325-20G(7) below, a copy of which map is on file in the
Ithaca City Clerk's office.
November 5, 2008
26
(2) Notwithstanding anything contained herein to the contrary, the overall
required parking spaces for the U-1 Zoning District shall be the difference
between the basic required number of parking spaces and the number of
credited spaces for participation in the Cornell University Transportation
Demand Management (TDM) Program.
(a) The basic required number of parking spaces shall be calculated using
the following ratios derived from the Travers Associates' Ithaca/Cornell
Parking Study of February 1998:
[1] One parking space for each seven undergraduate students; and
[2] One parking space for each two graduate students; and
[3] Three parking spaces for each four employees; and
[4] One additional parking space for each 25 undergraduate students,
graduate students and employees combined.
(b) The number of credited parking spaces for participation in the TDM
Program shall be calculated using the same ratios derived from the
Travers Associates' Study of February 1998, to wit:
[1] One credited parking space for each seven participating
undergraduate students; and
[2] One credited parking space for each two participating graduate
students; and
[3] Three credited parking spaces for each four participating
employees; and
[4] One additional credited parking space for each 25 participating
undergraduate students, graduate students and employees
combined.
(3) Only full-time undergraduate and graduate students, full-time employees
and the full-time equivalents of each who are assigned to or have their
primary place of study or work on the main campus shall be included in the
above calculations. For the purpose of this section, "full-time undergraduate
and graduate students" are defined as students enrolled in 12 credits or
more per semester; "full-time employees" are defined as employees who
are employed at least 35 hours per week; and "full-time equivalents" are
defined as the number of part-time students or employees whose combined
credit enrollment equals 12 credits per semester or whose combined hours
of employment totals 35 hours per week.
(4) It is the purpose of the requirement in Subsection G(2)(a)[4] and (b)[4]
above to account for parking required for visitors, vehicles with handicapped
permits, service vehicles, off-street loading, occasional parkers, and other
miscellaneous parking demands.
(5) Parking spaces need not be specifically designated or used as set forth in
Subsection G(2) above so long as the total number of spaces is available.
(6) Parking spaces required above may be provided at any place or places
located on the main campus or any other locations within Tompkins County
which are owned, rented or otherwise utilized for parking purposes by the
institution or its affiliated institutions, without regard to municipal boundary.
To be so counted, any parking spaces located outside the main campus
must be utilized for parking by persons who are going to the main campus
and must be connected by bus service to, or be within a reasonable walking
distance of, the main campus. Any spaces located outside the main campus
shall not be considered to satisfy the parking requirements established
herein if they are being counted to satisfy the parking requirements of any
other section of this chapter, or the parking requirements of any zoning
ordinance of any other municipality, for uses other than those located on the
main campus.
(7) Parking spaces on the main campus shall be identified on the map, "Main
Campus Parking Inventory, Cornell University Planning Office, March 2006."
The map shall provide the names of prominent buildings and roads for the
November 5, 2008
27
sake of geographical reference, and shall provide inventory control numbers
for parking areas along with the number of parking spaces in each of the
control areas. The Main Campus Parking Inventory map shall be updated
every five years following its original date in 2006 and shall be submitted to
the Building Commissioner by April 15 of the year that an update is
required.
(8) The parking areas identified on the Main Campus Parking Inventory map
shall also be listed on a parking inventory spreadsheet, which shall give the
inventory control number and the number of spaces in each control area
and shall also provide the total number of parking spaces on the main
campus. The spreadsheet shall be updated every year and shall be
submitted to the Building Commissioner by April 15 of each year.
Accompanying the spreadsheet shall be a summary of the parking changes
that occurred in the preceding year.
(9) If the parking spaces in any given control area are not delineated by
striping, then the total number of spaces shall be determined by using the
parking space requirements outlined under §325-20C(5) of the City of
Ithaca Parking Ordinance for parking areas with 11 or more parking spaces.
(10) Every year, by no later than April 15, Cornell University shall submit to the
Building Commissioner a parking report that shall include:
(a) The annual parking inventory spreadsheet and summary;
(b) A count of full-time undergraduate and graduate students, full-time
employees and the full-time equivalents of each who are enrolled or
working at Cornell; and
(c) A count of full-time undergraduate and graduate students, full-time
employees and the full-time equivalents of each who are enrolled or
working at Cornell and who are enrolled in the TDM Program.
(11) Whenever 25 or more parking spaces on the main campus have been
permanently deleted after the last report to the Building Commissioner,
Cornell shall provide the Building Commissioner with a report stating where
the spaces were removed as well as provide a statement indicating the total
number of parking spaces remaining on the main campus.
(12) Upon receipt of this parking report, the Building Commissioner shall make a
determination of compliance with regard to the requirements of this
Subsection G, and shall submit the University's report and her/his
determination to the City of Ithaca Planning and Development Board for
discussion and comment. Copies of the report and the Building
Commissioner's determination shall also be provided to the Director of
Planning, Town of Ithaca, and the Zoning Officer, Village of Cayuga
Heights, for their information.
Section 3. Supersession.
The aforementioned Sections as amended by this Ordinance (to wit, 325-3 and 325-20)
are intended to supersede any inconsistent provision of the City Charter or Code.
Section 4. 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 5. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the concerns that have been raised regarding
quality of life, landlord’s ability to provide parking, and front yard setback dimensions.
November 5, 2008
28
Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Myrick
RESOLVED, That Section D of the Ordinance entitled “Parking in front yards.” be
amended to read as follows:
“(3) In all residential districts, parking in the front yard of lots which have a width at the
street line of more than 50 feet shall be restricted to an area not greater than 25% of the
total area of the front yard, including turnaround and other vehicle maneuvering areas
and driveways leading to garages and parking areas.”
Further discussion followed on the floor regarding environmental responsibility, and the
compromise this ordinance provides for students, landlords, and residents.
Alderperson Rosario withdrew his motion with no objection raised by Alderperson
Myrick.
Amending Resolution:
By Alderperson Myrick:
RESOLVED, That the last sentence in Section D3 be removed.
This motion failed for lack of a seconder.
A Vote on the Ordinance resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Rosario, Tomlan, Zumoff, Schuler,
Cogan
Nays (1) Myrick
Abstentions (0)
Carried
15. MAYOR’S APPOINTMENTS:
15.1 Board of Public Works – Resolution:
By Alderperson Rosario: Seconded by Alderperson Myrick
RESOLVED, That Cynthia Brock be appointed to the Board of Public Works to fill a
vacancy with a term to expire December 31, 2010, and be it further
15.3 Bicycle Pedestrian Advisory Council – Resolution:
RESOLVED, That Joshua Carlsen be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2009, and be it further
15.4 Board of Fire Commissioners – Resolution:
RESOLVED, That Paul R. Alexander be re-appointed to the Board of Fire
Commissioners (to complete Steve Williams term) with a term to expire June 30, 2009,
and be it further
RESOLVED, That Maureen Kelly be appointed to the Board of Fire Commissioners to
fill a vacancy with a term to expire June 31, 2010, and be it further
15.5 Community Police Board – Resolution:
RESOLVED, That Charles Firenze be appointed to the Community Police Board to fill a
vacancy with a term to expire December 31, 2010, and be it further
15.6 Conservation Advisory Council – Resolution:
RESOLVED, That Powers van der Mandele be appointed to the Conservation Advisory
Council to fill a vacancy with a term to expire December 31, 2011, and be it further
15.7 Disability Advisory Council – Resolution:
RESOLVED, That Jason Anderson be appointed to the Disability Advisory Council to fill
a vacancy with a term to expire June 30, 2010, and be it further
15.8 Planning and Development Board - Resolution
RESOLVED, That Tessa M. Rudan be appointed to the Planning & Development Board
to fill a vacancy with a term to expire December 31, 2009, and be it further
November 5, 2008
29
RESOLVED, That John Snyder be reappointed to the Planning & Development Board
with a term to expire December 31, 2011, and be it further
RESOLVED, That John Schroeder be reappointed to the Planning & Development
Board with a term to expire December 31, 2011, and be it further
RESOLVED, That Jill K. Tripp be appointed to the Planning & Development Board as
the Board of Public Works liaison with a term to expire December 31, 2009, and be it
further
15.9 Rental Housing Advisory Commission:
RESOLVED, That Alma Isabel A. Aldrich be appointed to the Rental Housing Advisory
Commission to fill a vacancy with a term to expire December 31, 2011.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Shade Tree Advisory Committee
Alderperson Schuler reported that 75 volunteers would be working with the Shade Tree
Advisory Committee to plant 50-60 trees on Elmira Road next week.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that there has been no new litigation.
19. MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the October 1, 2008 Regular Common Council Meeting Minutes
– Resolution:
By Alderperson Coles: Seconded by Alderperson Myrick
RESOLVED, That the minutes of the October 1, 2008 Regular Common Council
meeting be approved with noted corrections.
Carried Unanimously
20. ADJOURNMENT:
On a motion the meeting adjourned at 10:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor