Loading...
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 2 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 3 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 4 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 6 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 7 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 8 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 9 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 10 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