HomeMy WebLinkAbout06-01-11 Common Council Meeting Agenda-webOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, June 1, 2011, at
6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca,
New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONSIAWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Proposal to Amend Chapter 325 of the
Municipal Zoning Code of the City of Ithaca in Order to Establish the Collegetown
Area Form Districts and Rezone Portions of the Existing R -1b, R -2a, R -3a, R -3b,
B -2b, and U -1 Zoning Districts to the Newly Established Traditional Residential
(TR), Village Residential (VR), and Mixed Use (MU) districts
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau — Request to Amend 2011 Department Budget - Resolution
8.2 Chamberlain's Office Correction to Tax Roll - Resolution
8.3 Finance /Controller's Office - Request to Amend 2011 Budget for Various
Reimbursements - Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Attorney's Office - Allocation of Additional Monies for Special Counsel (re:
Christopher Miller) - Resolution
9.2 Attorney's Office - Allocation of Additional Monies for 2011 Fair Market Rental
Value Report - Resolution
9.3 Attorney's Office - Authorization of Quit Claim Deeds for Woodcock Street and
Valentine Place Extension - Resolution
9.4 Attorney's Office - Authorization of Revocable License to Use City Parkland for
Congo Square Market — Resolution
9.5 Human Resources - A Local Law to Amend Sections of the City of Ithaca Charter
regarding the Appointment of City Officers — Resolution
Common Council Agenda
June 1, 2011
Page 2
9. CITY ADMINISTRATION COMMITTEE (Continued):
9.6 Human Resources - A Local Law to Amend Section C -19 of the City of Ithaca
Charter Regarding Financial Officers - Resolution
9.7 Human Resources - A Local Law to Amend Section C -22 of the City of Ithaca
Charter Regarding the Authorities and Responsibilities of Department Head and
Deputy Positions - Resolution
9.8 City Controller's Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal
Code entitled 'Zoning" to Establish the Collegetown Area Form Districts and
Rezoning of Portions of the R -1 b, R -2a, R -2b, R -3a, R -3b, B -2b, and U -1
Districts to Traditional Residential (TR), Village Residential (VR), and Mixed Use
(MU)
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
12.1 KilpatricksRestaurant - AlcoholPermitRequest — Resolution
12.2 Finger Lakes Wine Center - Alcohol Permit Request — Resolution
13. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
13.1 Mayor Peterson - Designation of Marriage Officer — Resolution
13.2 Alderperson Rosario — Request That Governor Cuomo Rescind "Secure
Communities" Agreement - Resolution
14. MAYOR'S APPOINTMENTS:
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the May 2, 2011 Special Common Council Meeting Minutes —
Resolution
18.2 Approval of the May 4, 2011 Regular Common Council Meeting Minutes —
Resolution
Common Council Agenda
June 1, 2011
Page 3
18. MINUTES FROM PREVIOUS MEETINGS (Continued):
18.3 Approval of the May 12, 2011 Special Common Council Meeting Minutes —
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274 -6570 at least 48
hours before the meeting.
1
Julie Conley Holcornb, CMC
City Clerk
Date: May 27, 2011
8. CONSENT AGENDA ITEMS:
8.1 Youth Bureau — Request to Amend 2011 Department Buduet - Resolutic
WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins
County Workforce Investment Board and they are estimating they will be receiving
$76,425.50 in new funding to develop a Tompkins Summer Youth Employment
Program, and
WHEREAS, the goal of this program is to provide short-term subsidized internships for
55 low- income eligible teens needing assistance in securing employment; now,
therefore, be it
RESOLVED, That Common Council hereby amends the 2011 Youth Bureau as follows:
Increase Revenue Account:
A7310 -4820 -1202
Youth Employment Service
$69,920.50
A7310 -4820 -1400
Administration
$6.505.00
Total
$76,425.50
Increase expenses:
A 7310 - 5120 -1202
Part time /Seasonal
$57,366.70
A 7310 - 5125 -1202
Overtime
$750.00
A 7310 -5425 -1202
Office Supplies
$868.10
A 7310 -5440 -1202
Staff Development
$250.00
A 7310 -5445 -1202
Travel & Mileage
$500.00
A 7310 -5460 -1202
Program Supplies
$2,500.00
A7310- 5120 -1400
Part time /Seasonal
$1,500.00
A 7310- 5437 -1400
Credit Card Fees
$1,000.00
A 7310 -5420 -1400
Gas & Oil
$1,000.00
A 7310 - 5415 -1401
Clothing
$112.50
A7310 -5475 -1401
Property Maintenance
$1,337.50
A 7310 -5480 -1401
Building Maintenance
$1,300.00
A 7310 -9030
FICA/Medicare
$4,445.95
A 7310 -9040
Workers' Comp.
$3.494.75
Total
$76,425.50
8.2 Chamberlain's Office Correction to Tax Roll - Resolution
WHEREAS, the 2011 City Tax Roil included a Business Improvement District (BID)
assessment in the amount of $17,682.00 on tax map number 70.4-5.2, 120 East Green
Street, and
WHEREAS, 120 East Green Street is a wholly exempt property owned by the City of
Ithaca, and
WHEREAS, the Tompkins County Assessment Department has determined that the
BID assessment was levied against the property in error; now therefore, be it
RESOLVED, That the Common Council accepts and approves the recommendation of
the Tompkins County Assessment Department to expunge the BID assessment, and be
it further
RESOLVED, That the City Chamberlain is authorized to correct the 2011 City Tax Roll
in accordance with the recommendation.
8.3 Finance /Controller's Office -Request to Amend 2011 Budoet for Various
Reimbursements - Resolution
WHEREAS, during 2011 City of Ithaca departments have received various
reimbursements, donations, and sold various scrap metal that were unanticipated and
need to be accounted for, and
WHEREAS, the reimbursements total $4,872.77 as follows:
Sale of Equipment/Scrap
$2,758.72
Refund of Training /Parts
1,379.05
Tree Donations
735.00
now, therefore be it
RESOLVED, That Common Council hereby amends the 2011 Authorized Budget as
follows to account for said receipt and expenditures of funds:
Increase Revenue Account
At 320 -2701
IT Refund Prior Year Expense
$1215.00
A3120 -2665
Police Sale of Equipment
2209.50
A5132 -2665
Garage Sale of Equipment
549.22
A5132 -2701
Garage Refund Prior Year Expense
164.05
A7111 -2705
Parks Gifts and Donations
735.00
$4,872.77
Increase Appropriation Accounts:
A1320 -5440
IT Staff Development
$1215.00
A3120 -5475 -5017 Police Property Maintenance
2209.50
A5132 -5481
Garage Small Tools
713.27
A5132 -5485
Parks Trees
735.00
$4,872.77
9. CITY ADMINISTRATION COMMITTEE:
9.1 Attorney's Office - Allocation of Additional Monies for Special Counsel (re:
Christopher Miller) - Resolution
WHEREAS, in 2010, a lawsuit seeking damages was commenced in federal court
against the City of Ithaca and several City employees (and others), by Christopher Miller
(an employee of the Ithaca Police Department); and
WHEREAS, the City's insurance carrier subsequently declined to provide a defense to
the City, or coverage of any award, on the grounds that the City had not provided notice
of earlier, administrative complaints by Mr. Miller (all of which were defended by City
staff, and ultimately dismissed on the merits or at the request of Mr. Miller); and
WHEREAS, as a result of its insurance carrier's action, the City retained special counsel
(Shea, Stokes, Roberts & Wagner) to defend the City and its employees, in that
litigation; and
WHEREAS, said special counsel has also represented the City in a subsequent, related
employment arbitration case initiated against the City by Mr. Miller; and
WHEREAS, the cost of such defense, and representation in the arbitration matter (both
of which are ongoing), through March 31, 2011, is approximately $242,200; and
WHEREAS, previous allocations by the Common Council, for these matters, are
insufficient to cover current charges (beyond February 2011); now therefore be it
RESOLVED, That an amount not to exceed $46,500 be and hereby is allocated, from
Account 1990 (Unrestricted Contingency), with transfer to account A1420 -5435
Attorney's Office Contracts for payment of the fees of special counsel retained to defend
the City in the afore - mentioned actions brought by Christopher Miller.
9.2 Attorney's Office - Allocation of Additional Monies for 2011 Fair Market
Rentaf Value Report - Resolution
WHEREAS, in May 2009, Common Council amended Chapter 170 of the City of Ithaca
Municipal Code (now entitled "Use of City Real Property "), so as to require that,
commencing in 2010, City-owned real property licensed for use by others should be
offered at not less than fair market rental value, which value is to be determined (and
periodically updated) through a professional appraisal process; and
WHEREAS, the City solicited proposals for performing this professional service, and
selected Pomeroy Appraisal Associates ( "Pomeroy "); and
WHEREAS, Pomeroy had submitted a proposal with a base fee of $21,500, for
establishing fair market rental values for certain categories of City-owned properties, as
described by the City, with additional appraisals of "unique" properties (not in an
established category) to cost between $500 and $1,500 apiece, and with an additional
cost of $90 to $175 per hour for a Pomeroy representative to meet with City
representatives in Ithaca; and
WHEREAS, on November 4, 2009, Common Council allocated $25,000 from
Unrestricted Contingency (Account At 990) for the purpose of paying for the estimated
total cost of "the initial round of appraisals" to be performed by Pomeroy; and
WHEREAS, the work of completing this appraisal process required more time than had
been anticipated (by the City or Pomeroy), involved a number of changes in the
categorization of properties and the appraisal of at least one unique property, and
required several visits to Ithaca by Pomeroy staff; and
WHEREAS, as a result of these changes and additional assignments, the total billing by
Pomeroy for its work is $33,000, representing $8,000 more than what the Council has
allocated; and
WHEREAS, a description and explanation of the additional work performed by Pomeroy
is included in a letter from the company to the City Attorney, dated May 9, 2011, and is
mentioned in the Fair Market Rental Value report provided by Pomeroy in January
2011; now therefore be it
RESOLVED, That the Common Council authorize and direct the allocation of an
additional amount, not to exceed $8,000, from Account At 990 (Unrestricted
Contingency), with transfer to account At 420-5430 Attorney's Office Fees for the
payment of the balance of monies owed to Pomeroy Appraisal Associates.
9.3 Attorney's Office - Authorization of Quit Claim Deeds for Woodcock Street
and Valentine Place Extension - Resolution
WHEREAS, various City maps and other historical documents show or describe certain
short, dead -end streets referred to as "Valentine Place Extension" and "Woodcock
Street," located to the south of East State /Martin Luther King, Jr., Street, in the City of
Ithaca; and
WHEREAS, certain components of a development project proposed for a 16.4 -acre site
on East Hill, known as "Collegetown Terrace," would occupy parts of what are known as
Valentine Place Extension and Woodcock Street; and
WHEREAS, in late 2009 and in 2010 the developer of the Collegetown Terrace project
(John Novarr, through certain legal entities under his control), who owns most of the
site, commenced "quiet title" proceedings in the New York Supreme Court, for Tompkins
County, seeking exclusive title to Valentine Place Extension and Woodcock Street,
respectively, based on the doctrine of adverse possession; and
WHEREAS, said proceedings named as defendants certain persons who were former
owners or mortgagees of real property in the vicinity of Valentine Place and Woodcock
Street or who may have had an interest in the streets themselves, but did not name the
City of Ithaca, nor was the City directly notified of these proceedings; and
WHEREAS, the Court awarded judgment (i.e., "sole and complete possession ") in both
actions to Mr. Novarr, essentially by default, as a result of the non - appearance of any of
the named defendants; and
WHEREAS, thereafter, Mayor Peterson sought an independent legal opinion as to the
history and current status of Valentine Place Extension and Woodcock Street, to
determine whether either of them was or is a City street, whether the City owned either
of them, and /or whether the public retains any rights in them, of which effort the
Common Council was duly apprised; and
WHEREAS, title research conducted by the City's special counsel (David A. Tyler,
Esq.), aided by preparation of an extensive abstract, resulted in his issuing a legal
opinion that is contained in letters to the Mayor dated April 20, 2011, and May 13, 2011;
and
WHEREAS, Attorney Tyler concluded that "it is doubtful the City now retains any rights
it may have once possessed [in the 185 - foot -long Valentine Place Extension]," but that
a right -of -way across the 80- foot -long, so-called "stub" of Woodcock Street (as it runs
westerly from Valentine Place), acquired by the City in 1922, was never conveyed by
the City to subsequent owners of the surrounding property (including Mr. Novarr's
entities), and therefore is still held by the City (and shared with the adjoining owner);
and
WHEREAS, attorneys for Mr. Novarr dispute Attorney Tyler's conclusions regarding the
status of Woodcock Street and any public rights therein, and seek the immediate
issuance of a building permit for the proposed Collegetown Terrace building (VY) that
would encroach (relatively slightly) upon a portion of the City's claimed Woodcock
Street right -of -way; and
WHEREAS, both the City and Mr. Novarr seek a timely, negotiated resolution to this
situation, without the costs and risks of litigation, if possible; and
WHEREAS, the City's Superintendent of Public Works has indicated that the City does
not rely upon the use of Valentine Place Extension or Woodcock Street for any essential
public works functions, and that Valentine Place itself (north of Valentine Place
Extension) can be maintained and treated as a City street whether or not the City
retains or asserts rights in Woodcock Street or Valentine Place Extension — provided
there is a feasible opportunity for City snowplows and other vehicles servicing Valentine
Place to accomplish a turn - around, using the internal driveways that are part of the
approved Collegetown Terrace site plan; and
WHEREAS, at its meeting on May 25, 2011, the Board of Public Works for the City of
Ithaca determined that, based on the practice and experience of the past 20 years or
more, Valentine Place Extension and Woodcock Street do not qualify as City streets,
that, from a public works standpoint, the City does not need to have or maintain rights in
or to control either of them, that any such rights should be treated as surplusage, and
that the Board does not object to the City's conveyance of such rights; and
WHEREAS, all real property on both sides of Woodcock Street (and Valentine Place
Extension) is owned by the developer of the Collegetown Terrace project, and the City's
conveyance of any rights it may retain in either of said streets will not leave any parcels
without public street frontage or render them non - conforming, nor would it affect any
property owners other than Mr. Novarr; and
WHEREAS, representatives of the City and of the adjoining property owner have
negotiated a proposed resolution of this dispute, pursuant to which the City would
provide quit claim deeds to Mr. Novarr, conveying any rights held by the City in
Woodcock Street (or Valentine Place Extension), and as consideration Mr. Novarr
would pay $12,500 to the City and would release the City from any claims he may have
or wish to assert regarding this dispute (e.g., involving delay in issuance of a building
permit, etc); now therefore be it
RESOLVED, That the Common Council hereby accepts the opinion of special counsel
that the City does not retain rights in Valentine Place Extension, and confirms the same
by issuance of a quit claim deed (for the parcel described in the first Supreme Court
proceeding referenced above, Index No. 09- 1410), from the City to the adjoining
property owner (Valentine Associates); and be it further
RESOLVED, That the Common Council hereby accepts the opinion of special counsel
that the City retains a shared right -of -way over Woodcock Street (as distinct from fee
title thereto), and determines that any such rights are deemed to be surplus from a City
standpoint and are therefore available for appropriate disposition; and be it further
RESOLVED, That the Common Council approves of the issuance of a quit claim deed
that would transfer any rights the City may possess in Woodcock Street (as that parcel
is described in the second Supreme Court proceeding referenced above, Index No.
2010 -0742) to the adjoining property owner, Valentine Park, LLC, in exchange for the
receipt of (1) a payment to the City by said grantee in the sum of $12,500, (2) mutual
releases of the parties from liability of any kind as to ownership of Woodcock Street (or
Valentine Place Extension), and (3) agreement by the owner of Collegetown Terrace to
allow City vehicles servicing Valentine Place to enter upon the project's driveways for
turn - around purposes; and be it further
RESOLVED, That the Mayor, upon consultation with the City Attorney, be and hereby is
authorized to execute and, upon receipt of the afore - mentioned consideration, to deliver
to Valentine Associates and Valentine Park, LLC, quit claim deeds as described herein,
and other, related documents, as needed, consistent with the intent of this resolution.
Board of Public Works Meeting Back Up Item — 9.3
May 25, 2011
Determination as to the Status of "Woodcock Street" and "Valentine Place
Extension"
By Commissioner Acharya: Seconded by Commissioner Warden
WHEREAS, various City maps and other historical documents show or describe certain
short, dead -end streets referred to as "Valentine Place Extension" and "Woodcock
Street," located to the south of East State/Martin Luther King, Jr., Street, in the City of
Ithaca; and
WHEREAS, certain components of a development project proposed for a 16.4 -acre site
on East Hill, known as "Collegetown Terrace," would occupy parts of what are known as
Valentine Place Extension and Woodcock Street; and
WHEREAS, in late 2009 and in 2010 the developer of the Collegetown Terrace project
(John Novarr, through certain legal entities under his control), who owns most of the
site, commenced "quiet title" proceedings in the New York Supreme Court, for Tompkins
County, seeking exclusive title to Valentine Place Extension and Woodcock Street,
respectively, based on the doctrine of adverse possession; and
WHEREAS, said proceedings named as defendants certain persons who were former
owners or mortgagees of real property in the vicinity of Valentine Place and Woodcock
Street or who may have had an interest in the streets themselves, but did not name the
City of Ithaca, nor was the City directly noted of these proceedings; and
WHEREAS, the Court awarded judgment (i.e., "sole and complete possession ") in both
actions to Mr. Novarr, essentially by default, as a result of the non - appearance of any of
the named defendants; and
WHEREAS, thereafter, Mayor Peterson sought an independent legal opinion as to the
history and current status of Valentine Place Extension and Woodcock Street, to
determine whether either of them was or is a City street, whether the City owned either
of them, and /or whether the public retains any rights in them; and
WHEREAS, title research conducted by the City's special counsel (David A. Tyler,
Esq.), aided by preparation of an extensive abstract, resulted in his issuing a legal
opinion that is contained in letters to the Mayor dated April 20, 2011, and May 13, 2011;
and
WHEREAS, Attorney Tyler concluded that "it is doubtful the City now retains any rights
it may have once possessed [in the 185 - foot -long Valentine Place Extension]," but that
a right -of -way across the 80- foot -long, so-called "stub" of Woodcock Street (as it runs
westerly from Valentine Place), acquired by the City in 1922, was never conveyed by
the City to subsequent owners of the surrounding property (including Mr. Novarr's
entities), and therefore is still held by the City (and shared with the adjoining owner);
and
WHEREAS, attorneys for Mr. Novarr dispute Attorney Tyler's conclusions regarding the
status of Woodcock Street and any public rights therein, and seek the immediate
issuance of a building permit for the proposed Collegetown Terrace building ( " #3 ") that
would encroach (relatively slightly) upon a portion of the City's claimed Woodcock
Street right -of -way; and
WHEREAS, both the City and Mr. Novarr seek a timely, negotiated resolution to this
situation, without the costs and risks of litigation, if possible; and
WHEREAS, the Superintendent of Public Works has indicated that the City does not
rely upon the use of Valentine Place Extension or Woodcock Street for any essential
public works functions; that Valentine Place itself (north of Valentine Place Extension)
can be maintained and treated as a City street whether or not the City retains or asserts
rights in Woodcock Street or Valentine Place Extension — provided that a feasible "turn-
around" opportunity for City snowplows or other vehicles is available at or near the
south terminus of Valentine Place, which it is, per the approved design of internal
circulation for Collegetown Terrace and with the consent of its owner; and that for at
least the past 20 years, Valentine Place Extension and Woodcock Street have not
functioned as or been treated as City streets; and
WHEREAS, the developer asserts that since the 1980s he has continuously maintained
what he refers to as the "driveways" that constitute Valentine Place Extension and
Woodcock Street, and will continue to do so as the Collegetown Terrace project is
constructed and in operation; and
WHEREAS, the City of Ithaca does not maintain an "Official Map" which designates
established City streets; and
WHEREAS, all real property on both sides of Woodcock Street (and Valentine Place
Extension) is owned by the developer of the Collegetown Terrace project, and the City's
conveyance of any rights it may retain in either of said streets would not leave any
parcels without public street frontage or render them non - conforming, nor would it affect
any property owners other than Mr. Novarr; and
WHEREAS, clarification of the ownership of the areas known as Valentine Place
Extension and Woodcock Street, in favor of the adjoining property owner, would
definitively relieve the City of any future responsibility or liability for maintenance or
repair of these areas; now therefore be it
RESOLVED, That the Board of Public Works hereby finds that:
a. based on the practice and experience of the past 20 years or more, the
so- called Valentine Place Extension and Woodcock Street do not
qualify as City streets;
b. from a public works standpoint, the City of Ithaca does not need to have
or maintain rights in or control of any part of Valentine Place Extension
(i.e., land that is to the south of the City street known as Valentine
Place, as that land is described in the first Supreme Court proceeding
referenced above, Index No. 09- 1410), or Woodcock Street (i.e., land
that is to the west of Valentine Place, as that land is described in the
second Supreme Court proceeding referenced above, Index No. 2010-
0742); and
C. from a public works standpoint, any such rights are and should be
treated as surplusage;
and be it further
RESOLVED, That the Board indicate to the Common Council that the Board has no
objection to the City's conveyance of whatever rights it may possess in Valentine Place
Extension or Woodcock Street.
Carried Unanimously
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9.4 Attorney's Office - Authorization of Revocable License to Use City Parkland
for Conao Square Market - Resolution
WHEREAS, in 2009 and 2010, the sponsors of an ongoing event known as the Congo
Square Market received a license from the City of Ithaca to operate a weekly, outdoor
market for local vendors on City-owned parkland immediately north of the Southside
Community Center, on South Plain Street, from June until September; and
WHEREAS, the current sponsors of the Congo Square Market, namely, the Ithaca
Youth Bureau (a department of the City of Ithaca) and the Southside Community
Center, Inc. (a not-for-profit corporation that leases a City-owned building), have
requested permission to operate the Market at the same location in 2011, on every
Friday evening (_ to pm) from May _, 2011, through , 2011;
and
WHEREAS, the vendors for the Market are expected to include both small - scale, local
entrepreneurs and City- sponsored youth projects; and
WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca ( "Use
of City Real Property "), such use of City parkland (for an event lasting more than five
days at a time or that occurs more than four times over the course of a year) requires
the approval of Common Council; now therefore be it
RESOLVED, That the Common Council, as it did in 2009 and 2010, finds that the
proposed Congo Square Market, as described by its sponsors and as experienced in
operation over the last two years, constitutes a recreation - related use of the park
adjacent to the Southside Community Center, which use, due to its limited duration (i.e.,
hours at a time, on _ occasions over the course of the year) and occupancy of
only a portion of the park, will not significantly compromise the public's ability to enjoy
the park and in fact could enhance the overall quality of the park's appeal and benefit to
the public; and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor - upon
consultation with the appropriate Department Heads as to form and compliance with all
applicable laws, rules and regulations, and upon receipt of a properly completed
application from the sponsors - to issue a revocable license to the Ithaca Youth Bureau
and the Southside Community Center, permitting such sponsors to operate the
proposed Congo Square Market in a portion of the City park adjacent to the Southside
Community Center on South Plain Street, for the requested period of time (between
and _ pm, each Friday between May _, 2011, and 2011,
and containing the standard terms and conditions of such a license, with regard to
liability insurance coverage, indemnification of the City, handling of trash and waste,
vendor conduct, amplified sound, and other pertinent matters; and be it further
RESOLVED, That as the City has not yet established a regular fee for such seasonal
use of its parkland, Council hereby sets a fee of $ for each day's operation
of the Congo Square Market, with the total amount due from the sponsors for the
requested number of days being $
9.5
• Consolidate all Charter and Code language governing appointments of City
officers into one section
• Eliminate redundant, repetitive and contradictory language regarding the
appointment of City officers
• Update titles to reflect current City officers; some historical titles are also being
preserved for future use; now, therefore,
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. That the following Sections and Subsections of the City Charter be
amended to read as follows:
§C -5.0 The appointed officers of the City shall be:
(2) Officers who serve at the pleasure of the Mayor: a City Attorney, who shall
serve as the head of the City Attorney's Office.
IWARM•
-
:.
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i
NO
Hi RN
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(5) Officers who serve as the deputies or assistant department heads of their
§C -17.A. ; Powers and
duties of police officers.
§C -20.
A. There shall be a Department of the City Clerk, the head of which shall be the
City Clerk. The Gity G'eFk shall be appointed by the Mayei: in the Fnanne
pFevided in §G 26 below7
§C -21.A
A. There shall be a Human Resources Department, the head of which shall be
the Director of Human Resources.
§C -59.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portion.
Section 3. Effective Date.
This Local Law shall take effect after it is approved by the electorate at the next general
election and is subsequently filed in the office of the Secretary of State.
W
;EAS, the intent of the following legislation is to:
To amend the Charter to reflect the current organizational structure and
operational practices of the City Controller's Office and City Chamberlain's
Office.
To clearly separate the authorities and responsibilities of the City Controller and
the City Chamberlain, so that a system of checks and balances is created and
maintained. now, therefore
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. That Section C -19 of the City Charter be amended to read as follows
§C -19: Financial Officers. DepaFtment of PnaAGe.
A. G. Powers and Duties of the City Controller.
(All existing language regarding powers and duties of the City Controller
remains.)
Ma
•
- -
•. _
•
.
A. G. Powers and Duties of the City Controller.
(All existing language regarding powers and duties of the City Controller
remains.)
B. B. Powers and Duties of the City Chamberlain.
(All existing language regarding powers and duties of the City Chamberlain
remains.)
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 3. Effective Date.
This Local Law shall take effect after it is filed in the office of the Secretary of State.
9.7 Human Resources -A Local Law to Amend Section C -22 of the City of
WHEREAS, the intent of the following legislation is to consolidate the basic/general
authorities and responsibilities inherent in all department head and deputy positions into
one section. New York State has delegated certain powers and responsibilities to the
Common Council. It is appropriate for Common Council, in turn and through the
Charter, to empower and charge its department heads (and deputies) with the carrying
out of certain, general duties. However, the day -to-day responsibilities, assignments
and tasks of the individual department head and deputy positions are more fluid and
change periodically as the priorities of the Mayor and Common Council change. Job
descriptions are more flexible and more easily amended than the Charter, and are
therefore the more appropriate location for prescribing daily activities and program and
functional responsibilities; now, therefore
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. That Section C -22 of the City Charter be amended to read as follows:
§C -22. Department Heads. Deputies and Assistants.
"T
1. To appoint discipline and remove as necessary, all subordinate officers and
emotoyees of their respective departments:
2. To direct and supervise the work of the officers and employees of their
respective departments:
3.
4. To exercise all powers and carry out all responsibilities vested in the office
which the department head holds, on behalf of the City:
5.
B. The deputy and assistant department heads of the City of Ithaca, as defined in
6C- 5.C(5) of this Charter, shall generally assist their superiors in the execution of
their powers and duties and may perform such part or portion of such duties as
designated by such superiors and, in the absence, inability or temporary vacancy
of their respective superiors, shall act as such and, when so acting, shall have all
the powers of such office.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portion.
Section 3. Effective Date.
This Local Law shall take effect after it is approved by the electorate at the next general
election and is subsequently filed in the office of the Secretary of State.
WHEREAS, the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" was
endorsed by the Common Council on August 5, 2009, and the plan recommended the
adoption of a form -based code, a binding design review process, a height incentive
zone, and several essential transportation measures, and
WHEREAS, from the beginning of the Collegetown planning process the adoption of a
form -based code has been considered to be an important implementation measure, and
WHEREAS, a capital project was approved in January 2008 to hire a consultant to
assist with the preparation of the proposed code, and
WHEREAS, the City, with a dollar- for - dollar match from Cornell University, hired Code
Studio of Austin, Texas to begin preparation of the form -based code during the
Collegetown planning process, and
WHEREAS, Lee Einsweiler of Code Studio recommended that the City pursue a hybrid
code rather than a true form -based code because (1) the hybrid code includes
regulations of density and use that are not included in true form -based codes and
density continues to be a critical issue in the Collegetown area and (2) this type of
zoning is new to the city and the hybrid code would ease the transition from traditional
zoning, and
WHEREAS, the Collegetown Zoning Working Group was formed in February 2009 to
focus on the proposed Collegetown zoning changes, and this group included Common
Council representatives, members of the Planning and Development Board,
neighborhood residents, a Collegetown landlord, the editor /publisher of New Urban
News, and staff from the City's Building and Planning Departments, and
WHEREAS, the Collegetown Zoning Working Group has worked to revise the draft
Collegetown Area Form Districts prepared by Code Studio to better reflect the goals of
the "2009 Collegetown Urban Plan & Conceptual Design Guidelines," and
WHEREAS, the proposed Collegetown Area Form Districts were presented at the
Collegetown Neighborhood Council and the Bryant Park Civic Association, and input
from these meetings as well as comments submitted by members of the public have
been incorporated into the proposed zoning, and
WHEREAS, public hearings on the proposed Collegetown Area Form Districts were
held on March 16, 2011 and April 20, 2011, and appropriate environmental review of the
proposed zoning has been completed; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Sections 32511 and 325 -5 of the Municipal Code of the City of Ithaca be
amended to establish the Collegetown Area Form Districts.
ORDINANCE NO.
Section 1. Declaration of Legislative Findings and Purpose
The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" identifies several
goals for future development in Collegetown. These goals include:
• To encourage exceptional urban design and high - quality construction
• To regulate elements of building form to ensure a compatible transition between
higher - density and lower- density zoning districts
• To concentrate additional density and growth in the central areas of Collegetown
and protect the character of the established residential neighborhoods
• To promote attractive, walkable neighborhoods that prioritize accommodation of
non - motorized modes of transportation
The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" recommends the
adoption of a form -based code to regulate elements of building form that are not
addressed under traditional zoning. The Collegetown Area Form Districts is a hybrid
code that combines regulations of physical form with regulations of use and density.
The Common Council finds that the establishment of the Collegetown Area Form
Districts will advance the City's goals for future development in Collegetown as
specified in the "2009 Collegetown Urban Plan & Conceptual Design Guidelines."
Section 2. Chapter 325, Sections 325-4 and 325 -5 of the Municipal Code of the City of
Ithaca are hereby amended to establish the Collegetown Area Form District which
include the following zoning districts: Traditional Residential 1 (TRA), Traditional
Residential 2 (TR -2), Traditional Residential 3 (TR -3), Traditional Residential 4 (TR -4),
Village Residential 1 (VR -1), Village Residential 2 (VR -2), Village Residential 3 (VR -3),
Village Residential 4 (VR -4), Village Residential 5 (VR -5), and Mixed Use (MU).
Section 3. Chapter 325 of the Municipal Code of the City of Ithaca is hereby amended
to add a new Article entitled Collegetown Zoning, to be inserted as Chapter 325, Article
VIII, and all subsequent articles and sections shall be hereby renumbered accordingly.
" §325 -41 Collegetown Area Form Districts," dated March 9, 2011, shall be inserted in its
entirety in Article VIII as §325 -41.
Section 4. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -1b, R -2b, and R -3a to TRA for the following tax parcels: 64.-6-1;
64.-6-2.2; 64.-6 -3; 64.-7-1; 64.-7-2; 64.-7-3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2;
65.-2-3; 65.2 -4; 65.-2-5; 67.-2-8; 67. -2 -9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3-
20; 67.-3-21; 67.-3-22; 68.-7-9; 68.-7-10; 68.-B-2; 68.-8-3; 68.-8-4; 83.-6-2; and 94.-1 -1;
and a portion of 67.-2-5.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section S. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -2a, R -2b, and R -3a to TR -2 for the following tax parcels: 64,1-
1; 64.-1-2; 64,11-4; 64.-3-2; 64.-3-3; 64,34; 64.-3-5; 64.-3-6; 64.4-1; 64.4-2; 64.11 -3;
64.-44; 64.4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64,54; 64.-8-1; 64,8-2; 64.-8-3; 64.-84; 64:
8 -5; 64.-8-6; 64.-8-7; 64.-B-8; 64.-8-9; 64,13-10; 64.-8-11; 65.-1 -1; 65,1-2; 65,1-3; 65:
1-4; 65.-1-5; 68. -6 -12; 68. -6 -13; 68.-6 -14; 68. -6 -15; 68.-7-2; 68.-7-3; 68,7-3; 68,74;
68.-7-5; 68.-7-6; 68.-7-7; 68. -7 -8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83,34; 83.-3-5: 83:
3-6.1; 83.-3-6.2; 83.-3-7; 83. -3 -8; 83. -3 -9; 83.4 -1; 83.4-3; 83.4-4; 83.4 -5; 83.4-6; 83:
6 -1; and 83. -6 -3.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 6. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -2a, R -2b, R -3a, and R -3b to TR -3 for the following tax parcels:
64.-2-7; 64.-2-8; 64.-2-9; 64. -2 -11; 64.-2-13; 64.-2-15; 64.-3-1; 64.-3-7; 64.-3-8; 64.-9-2;
64,9-3; 64,94; 64. -9 -5; 64.-9 -7; 64.-9-8; 64.-g-9; 67.-2-3; 67,24; 67. -3 -2; 67.-3-3; 67:
3 -23; 67.-3-24; 67.-3-25; 67.-3-26; 68.-5-14; 68. -5 -15; 68.-5-16; 68,5-17; 68. -5-18; 68:
5 -19; 68.-6-1; 68. -6 -16; 68,15-117; 68.-6-18; and 68.-6-19; and portions of 64.-2-33; and
67.-2-5.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 7. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -3a to TR-4 for the following tax parcels: 64.-2-2; 64.-24; 64.-2-5;
and 64.-2-6.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 8. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -3a to VRA for the fallowing tax parcels: 64.-2-14; 64.-2-17; and
64.-2-19; and a portion of 64.-2-33.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 9. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from U -1 to VR -2 for the following tax parcel: 63.-2-7.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 10. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -3a and R -3b to VR -3 for the following tax parcels: 64. -2 -18; 64:
2 -20; 64.-2-22; 64.-9-1; 64.-M; 64.-9-10; 67.-1-7; 67. -1 -8; 67.-2-1; 67. -2 -2; 67. -2 -12;
67.-2-13; 67.-2-14; 67.-2-15; 67.-2-16; 67.-2-17; 67.-2-18; 67.-3-1; 67.-3-29; 67.-3-30;
67.-3-31; 68. -4-9; 68.-4 -11; 68.4-12; 68.4 -13; 68.4-14; 68.4-15; 68.-5-2; 68.5 -3; 68:
54; 68.-5-5; 68.-5-6; 68.-B-7; 68. -5 -8; 68. -5 -9; 68. -6 -2; 68. -6 -3; 68.-64; 68. -6 -5; 68.-6-6;
68.-6-7; 68,6-8; 68. -6 -9; 68. -6 -10; 68,6-11; and 83.4 -2; and portions of 63.-6 -17; 68:
4 -10; and 68.4 -3.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 11. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -3b to VR4 for the following tax parcels: 64:10 -7; 64,10-8; 64.-
10-9; 64,10-10; 64,10-11; 67:14; 67,1-5; and 67,1-6; and portions of 64,10-13; 64:
10 -15; 67,1-1; 67,1-3; and ST-1-12.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011,"a copy of which shall be on file in the
City Clerk's office.
Section 12. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R -3b and B -2b to VR -5 for the following tax parcels: 67,1-9; 67.-l-
10; 67,1-11; 68.4 -8; 68. -5 -10; 68.-5-11; 68.-5-12; and 68.-5-13; and portions of 67,1-
3; and 67,1-12.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 13. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from B-2b, R -3a, and U -1 to MU for the following tax parcels: 63.-5-2;
63. -5 -3; 63.-5-5; 63. -5 -7; 63.-5-8; 63.-5-9; 63. -6 -1; 63. -6 -2; 61-6 -3; 63.-64; 63.-6-5; 63:
6 -8; 63. -6 -14; 63.-6-19; 63.-6-20; 63.-6-21; 63. -6 -23; 63.-6-24; 63,13-25; 63. -6 -26; 64,2-
1; 64.-2-23; 64.-2-24; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64,2-
32; 64,110-11; 64,10-2; 64,10-3; 64,10-4; 64,10-5; 54,10-6; 64,10-17.2; 64.- 10 -18;
64,10-19; 64.- 10 -20; 64,10-21; 68.4 -6; and 68.4 -7; and portions of 63.-6-17; 64.-10-
13; 64.- 10 -15; 67,1-1; 68.4 -3; and 68.4 -10.
The boundaries of this amendment are shown on the map entitled "Proposed
Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the
City Clerk's office.
Section 14. All applicable sections within the Municipal Code of the City of Ithaca shall
be updated in accordance with the amendments made herewith.
Section 15. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
daot yl�m l0-1
City of Ithaca
Full Environmental Assessment Form —Part III
Proposed Establishment of the Collegetown Area Form Districts and Rezoning of
Potions of the R -1 b, R -2a, R -2b, R-3a, R -3b, B -2b, and U -1 districts to Traditional
Residential (TR), Village Residential (VR), and Mixed Use (MU)
The "Collegetown Area Form Districts" is one of the key recommendations of the "2009
Collegetown Urban Plan & Conceptual Design Guidelines." The proposed zoning is a
hybrid code in that it is a mix of a form -based code and traditional zoning. It includes
regulation of physical form that is the focus of form -based codes but also includes
regulation of use and density found in traditional zoning. The adoption of the
"Collegetown Area Form Districts" would establish ten new zoning districts and re -zone
approximately 250 properties in the Collegetown area. The ten proposed districts can
be divided into three categories: Traditional Residential, Village Residential, and Mixed
Use. The principal goals of the form based code are a) protection of neighborhood
character in the Traditional Residential districts; b) regulation of the urban form in
anticipated growth areas, the Village Residential and Mixed Use districts; and c)
promotion of a lively, attractive, walkable neighborhood that prioritizes non - motorized
modes of transportation.
The four Traditional Residential JR) districts are designed to preserve the existing
character of the neighborhoods and either maintain or slightly decrease density. Large -
scale new development is not anticipated in these areas, but the proposed form
requirements would ensure that any new construction is in keeping with the existing
built form. Maximum building height, maximum lot coverage, and minimum lot size are
based on the existing zoning in these areas, with the exception of the TR-4 district. The
proposed TR-4 district is adjacent to the proposed Mixed Use district (currently B -2b)
and has a maximum building height of 4 stories and 42' with a maximum lot coverage of
50 %. This is an additional story and an additional 10% lot coverage over the existing
zoning. The TR-4 district is the only Traditional Residential district that proposes an
increase in maximum building height. In terms of form requirements, all new
construction in a Traditional Residential district will be required to have a pitched roof
and a front porch. There is a required amount of glazing for each story, and all surface
parking must be located at or behind the front fagade. There are no significant negative
impacts anticipated by the establishment of the Traditional Residential districts (TR -1,
TR -2, TR -3, and TR-4), and the establishment of the districts will have the positive
impact of protecting the built form of existing neighborhoods.
The five Village Residential (VR) districts are intended to promote redevelopment and
provide a transition between the lower- density Traditional Residential districts and the
higher - density Mixed Use district. The five VR districts range in maximum building
height from 3 stories and 35' to 5 stories and 53'. The proposed zoning allows for an
increase in developable square footage in most of the VR districts to encourage
redevelopment in these areas. While the proposed VR -2 district will result in a
decrease in maximum building height (existing 55'; proposed 45'), the maximum lot
coverage will increase from 35% to 75 %. The proposed VR -3 district will allow for a
10% increase in maximum lot coverage. The maximum building height will remain 4
stories but will increase to 45' to allow for improved construction quality. The proposed
VR-4 and VR -5 districts will allow a maximum of 5 stories and 53', which is an additional
story and 13' over the existing R -3b zoning in these areas. In addition, these proposed
districts allow maximum lot coverage of 70% and 80% respectively, a significant
increase over the 40% allowed under the existing zoning. While the proposed zoning
will allow increased development in the VR districts, these zones were carefully
designed to accommodate the development in a way that will be compatible with the
surrounding neighborhood. The form requirements necessitate that new construction
have either a front porch or a front stoop and functioning entries must be located no
more than 50' apart. The length of building facades are limited to between 100' and
300', depending on the district. These requirements work together to break up the
massing and create a more contextual pedestrian- friendly development. Similar to the
TR districts, surface level parking must be located at or behind the front fagade. The
setbacks for each VR district were determined based on topography and adjacent
buildings. The establishment of the Village Residential districts (VR -1, VR -2, VR -3, and
VR -5) will likely result in increased density and redevelopment within these zones;
however, it is anticipated that the form regulations that accompany the establishment of
these districts will mitigate any negative impacts to Collegetown's visual character
associated with additional development.
The Mixed Use (MU) district is proposed for the area that is currently zoned B -2b. The
requirements for the MU district maintain the maximum building height of 6 stories but
increase the maximum height in feet to 65' to provide adequate room for the ductwork
and mechanicals required for a 6 -story mixed -use building. The maximum lot coverage
remains 100 %, and the adoption of the new zoning would not result in an increase in
developable square footage within the MU district. The proposed zoning includes
several use and form requirements that will make the central core of Collegetown a
more vibrant and pedestrian - friendly area. Active uses are required on the street -level
story in much of the MU district, and the street -level story must have 65% glazing to
attract the interest of passers by and enliven activity in the commercial core. A deeper
setback along the 100 -block of Dryden Road will ultimately allow for wider sidewalks,
and required chamfered comers on buildings at the intersection of Dryden Road and
College Avenue will increase visibility for both pedestrians and drivers and reduce the
"canyon" effect observed on the 100 block of Dryden Road. The establishment of the
Mixed Use district is not anticipated to have any negative impacts and will have the
positive impact of improving the built form and vibrancy of Collegetown's commercial
core.
The establishment of the Collegetown Area Form Districts would allow approximately
380,000 square feet of additional development. At full build -out, there could be an
increased demand for fire protection, police, and transit services. The new
development will also provide the City with additional tax revenue to help fund additional
required fire and police services. In terms of transportation, existing parking
requirements will remain in place with the exception of a change to the parking
requirement for office uses within the proposed MU district, which would be reduced to
one space for every 400 square feet of net assignable floor area (existing requirement is
one space for every 250 square feet of net assignable floor area). The majority of the
projected new development is expected to occur in the central areas of Collegetown,
' In the VR -5 district, a front porch, a front stoop, or a recessed front entry is required.
which are well -served by multiple TCAT routes, are heavily traveled by pedestrians, and
can be easily accessed by other alternate modes of transportation. The additional tax
revenues that can be expected from these developments could also be utilized to
finance sidewalk expansions and other improvements to the public realm. The
proposed amendments to the Collegetown Parking Overlay Zone (CPOZ), a companion
proposal to this action, could also mitigate transportation impacts through the funding of
transportation improvements throughout Collegetown.
Overall, the establishment of the Traditional Residential, Village Residential, and Mixed
Use districts and the rezoning of approximately 250 properties in the Collegetown area
will not have a significant negative impact. The proposed rezoning is intended to
concentrate growth in the central part of Collegetown and limit further expansion into the
surrounding neighborhoods, one of the key goals of the "2009 Collegetown Urban Plan
& Conceptual Design Guidelines." Under the proposed hybrid code, potential negative
impacts of increased density in the Village Residential districts will be mitigated by the
form requirements that accompany the traditional regulations of use and density. The
form requirements will enhance all of the proposed districts by ensuring the compatibility
of new construction with existing buildings, improving the architectural form of the area,
and promoting a pedestrian friendly environment.
0PIM
LEGAL NOTICE I 0
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will
hold a public hearing to consider the proposal to amend Chapter 325 of the Municipal
Zoning Code of the City of Ithaca in order to establish the Collegetown Area Form
Districts and rezone portions of the existing R -1b, R -2a, R -3a, R -3b, B -2b, and U -1
zoning districts to the newly established Traditional Residential JR), Village Residential
(VR), and Mixed Use (MU) districts. The Collegetown Area Form Districts is a hybrid
code that is a mix between traditional zoning and form -based zoning. The primary
objective of the new code is to protect and strengthen the quality of Collegetown's urban
form. The proposed zoning includes regulations of building form, such as roof pitch,
porches, and glazing that are typical of a form -based code, but also includes regulations
of density and use that have been a part of the City's traditional zoning. The adoption of
the " Collegetown Area Form Districts" would establish 10 new zoning districts and
rezone approximately 250 properties in the Collegetown area. To view a list of
properties (identified by tax map parcel number) that would be directly affected by these
proposed changes, please contact the Department of Planning and Development at
274 -6550. This is a re- hearing of public hearings that were held on March 16, 2011 and
April 20, 2011.
The public hearing will be held in the Common Council Chambers, City Hall, 108 East
Green Street, in the City of Ithaca, New York, on Wednesday, June 1, 2011, at 6:00
p.m. If you have a disability and require accommodation in order to fully participate,
contact the City Clerk's Office at 274 -6570 by 12:00 p.m. on Tuesday, May 31, 2011.
A copy of the proposed zoning amendments can be accessed on the City's website
www.citvofithaca.orc or can be viewed at the Department of Planning & Development,
3 Floor City Hall, 108 East Green Street, Ithaca, New York.
Megan Gilbert
Planner
mailbertAcitvofithaca.ora
5/19/2011
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12. NEW BUSINESS:
12.1 KiloatricksRestaurant - AlcoholPermitReguest— Resolution
WHEREAS, the City Clerk has received a request to allow Kilpatrick's restaurant to utilize
certain areas along North Tioga Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Kilpatrick's restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2011, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Kilpatrick's restaurant
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
12.2 Finger Lakes Wine Center -Alcohol Permit Request— Resolution
WHEREAS, the City Clerk has received a request to allow Finger Lakes Wine Center to
utilize certain areas along South Cayuga Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Finger Lakes Wine Center, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2011, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Finger Lakes Wine
Center that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
13. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
13.1 Mayor Peterson -Designation of Marriage Officer— Resolution
RESOLVED, That Deborah Mohlenhoff be designated as a Marriage Officer in the City
of Ithaca for the month of July with the term to expire on July 31, 2011.
13.2 Alderperson Rosario —Request That Governor Cuomo Rescind "Secure
Communities" Agreement— Resolution
WHEREAS, in March 2008, U.S. Immigration and Customs Enforcement (ICE), an
agency of the Department of Homeland Security (DHS), announced the initiation of the
Secure Communities program; and
WHEREAS, on December 28, 2010, New York State entered into a Memorandum of
Agreement with ICE/DHS, regarding the Secure Communities program, which
agreement requires the State and any participating local police departments to use
fingerprint -based biometric technology during booking and to share this data
immediately with DHS; and
WHEREAS, the City of Ithaca has been repeatedly pressed by ICE to sign such an
agreement so as to make the Ithaca Police Department a participant in the biometric
program; and
WHEREAS, confusing and contradictory information has been provided as to whether
municipal participation in the Secure Communities program is voluntary or compulsory,
and
WHEREAS, civil rights organizations have expressed great concern about the erosion
of due process rights and racial profiling that the Secure Communities program creates,
the splitting up of families and strain on communities of increased deportations, and the
increased financial and resource burdens on local law enforcement, and
WHEREAS, on May 4, 2011, Governor Quinn of Illinois wrote a letter to DHS
terminating the Secure Communities Memorandum of Agreement between the Illinois
State Police and DHS, explaining that the stated purpose of the program to identify,
detain, and remove from the US aliens who have been convicted of serious crimes is
contrary to actual ICE - provided statistics, which show that more than 20% of the
deportations under the program have been of persons who were not convicted of any
crime, and
WHEREAS, New York State and the City of Ithaca have historically been beacons of
hope for immigrants and refugees, now therefore be it
RESOLVED, That the Common Council of the City of Ithaca does not support the City's
participation in the Secure Communities program, as that program is now constituted
and as it is being implemented, and be it further
RESOLVED, That the Common Council of the City of Ithaca hereby urges that the
current Memorandum of Agreement regarding the Safe Communities program be
rescinded in its entirety by the State of New York, through its governor, and that a
thorough investigation and review of the program be conducted before the State
commits to further involvement, and be it further
RESOLVED, That the City Clerk be and hereby is requested to convey copies of this
resolution to Governor Cuomo, Assemblywoman Lifton, and Senator O'Mara.