HomeMy WebLinkAboutMN-CC-1995-09-06September 6, 1995
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. September 6, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Sams, Hanna, Gray, Thorpe,
Shenk, Mackesey, Schroeder, Efroymson
OTHERS PRESENT:
City Attorney - Guttman
City Clerk - Conley Holcomb
City Controller - Cafferillo
Building Commissioner - Eckstrom
Planning and Development Director - Van Cort
Police Chief - McEwen
Fire Chief - Wilbur
Youth Bureau Director - Cohen
Superintendent of Public Works - Gray
Assistant City Attorney - Kennedy
Assistant Superintendent of Streets and Facilities - Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the August 2, 1995 Common Council
Meeting
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the August 2, 1995 Common Council
be approved with corrections noted by Alderperson Schroeder.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested that Item 17.11, Authorization to
Retain Appraisal Firm, be added to the agenda.
No Council member objected.
Executive Session
Mayor Nichols requested an Executive Session at the end of the
meeting to discuss possible acquisition of property.
No Council member objected.
YOUTH AWARD:
Alderperson Sams introduced Serena Vaughn as the recipient of the
City of Ithaca Youth Award for August, 1995. She stated that
Serena is the daughter of Mary Vaughn, and is a senior at Ithaca
High School. Serena is an Assistant Sunday School teacher at Our
Lord's Temple of Jesus Christ Church, a member of the Community
Empowerment group, and also worked as a summer camp counselor at
GIAC. She aspires to be an elementary school teacher. Serena
was presented with a certificate of merit and a $20 gift
certificate to a City of Ithaca business of her choice.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Sections 325-3,
325-8, 325-9 and 325-20 of Chapter 325 Entitled "Zoning" of the
City of Ithaca Municipal Code Regarding Bed-and-Breakfast Uses
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That the Public Hearing to consider an Ordinance
amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325
entitled
September 6, 1995
"Zoning" of the City of Ithaca Municipal Code regarding Bed-and-
Breakfast Uses is declared open.
Carried Unanimously
Alderperson Schroeder explained the proposed Ordinance.
The following persons spoke in favor of the proposed Bed-and-
Breakfast Uses Ordinance:
Susan Hurwitz - 228 Wood Street
Theresa Alt - 206 Eddy Street
Jeremy O'Connell- 404 E. Seneca Street
Margie Rumsey - 110 East Buttermilk Falls Road
Stuart Stein, Third Ward Representative of the Tompkins County
Board of Representatives spoke in support of the Ordinance as
revised to exclude such establishments in R-1 zones. He argued
that protection of zoning was not "elitism".
Alderperson Schroeder noted that letters from Betsy Darlington
and the Washington Park Association were submitted, the former in
support of and the latter opposed to the Bed-and-Breakfast
Ordinance.
Mayor Nichols also noted that a letter was submitted from
Assemblyman Luster in support of the Bed-and-Breakfast Uses
Ordinance.
Resolution to Close Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Thorpe
RESOLVED, That the Public Hearing to consider an Ordinance
amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code regarding
Bed-and-Breakfast Uses is declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Literacy Volunteers
The following persons spoke to Common Council regarding Item
17.1, Request to Release Funds for Literacy Volunteers:
Shelley Burnside - Tutor for Literacy Volunteers
Valorie Rockney - Director of Literacy Volunteers
Marian Lane - Treasurer of Literacy Volunteers
Marge Dill - Human Services Coalition
Parking Issues
Ms. Jane Marcham, 414 East Buffalo Street, Independent Candidate
for Fourth Ward Alderperson, addressed Council regarding parking
issues in her ward. She stated that the parking meters installed
on Stewart Avenue are being boycotted, and students are parking
their vehicles in the surrounding neighborhoods. She urged
Council to consult with the neighborhoods, and the students in
considering a solution to this problem now, and not wait until
the new ordinance is drafted.
Writers Association
Ms. Jemma Macera, 125 West Green Street, President of the Writers
Association, noted that the Writers Association is 60 years old,
and a reception will be held on October 5, 1995 at 5:30 p.m. at
the Clinton House in celebration. She invited the Mayor and
Common Council members to attend.
IPAC Funding
Mr. Paul Sayvetz, 201 Elm Street, Mayoral Candidate, urged
Council members to support Item 17.2, Release of Funds for IPAC.
Mr. Nick Papatonis, Plain Street, also spoke in favor of the
Resolution to release funds for IPAC.
Youth Bureau Renovation Project
Mr. Paul Sayvetz urged Council to use caution in approving the
September 6, 1995
Youth Bureau renovation project because there are so many
competing needs for the funds involved.
ASA Site Selection
Ms. Jill Brantley, 612 Utica Street, addressed Council regarding
a Resolution reaffirming the American Sociological Association's
(ASA) policy to hold its meetings in cities where its members are
afforded legal protection from discrimination on the basis of
age, gender, marital status, national origin, physical ability,
race, religion, or sexual orientation. She stated that Tompkins
County, and Ithaca are listed as possible sites for a
professional association meeting specifically because of its
actions in non-discrimination.
RESPONSE TO PUBLIC:
Parking Issues
Alderperson Schroeder stated that he agrees that the Stewart
Avenue parking meters, which he had opposed, seem to be pushing
parking into adjacent neighborhoods. Alderperson Schroeder
further stated that the Planning Committee authorized staff to
begin drafting a zoning ordinance for a University zone,
according to certain general approaches, for example, basing the
as yet unspecified parking requirements on the numbers of
students and staff, as opposed to square footage of buildings.
Alderperson Schroeder noted that the neighborhoods around Cornell
will be consulted, and that there will be a public meeting in
Collegetown announced later this month where this issue will be
discussed.
Alderperson Booth stated that he does not believe installing the
parking meters on Stewart Avenue was a mistake. He noted that it
is not reasonable nor feasible for parking in the highly crowded
areas surrounding the campus to be free. He further stated that
he believes additional mitigating measures must be taken to
protect the neighborhoods.
Alderperson Johnson asked that the neighborhood civic
associations be kept informed and involved on this issue.
ASA Site Selection
Alderperson Thorpe noted that there are large academic
associations that hold annual conferences that are increasingly
moving out of cities because of the lack of anti-discrimination
legislation.
Youth Bureau Renovations
Alderperson Shenk stated that the Budget and Administration
Committee investigated many different alternatives to the Youth
Bureau renovation project, and while this option is expensive,
the Committee felt that this was the best solution.
REPORT OF BOARD OF REPRESENTATIVES:
1996 Budget Process
Tompkins County Board of Representatives member Stuart Stein
reported to Council on the following items:
Tompkins County 1996 budget process
Solid waste fees
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Electronics Future Committee
Alderperson Efroymson reported that the surrounding
municipalities have been investigating ways to be linked on the
Internet. Tompkins County has recently secured a connection to
the Internet, and the City may be asked to join the County in
this service, and share a portion of the associated costs.
REPORT OF CITY CLERK:
Appointment of Election Custodians
By Alderperson Shenk: Seconded by Alderperson Johnson
September 6, 1995
RESOLVED, That Michael Moseley and Robert Doner be appointed as
Election Custodians for the City of Ithaca.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.1 Common Council - Request to Release Funds for Literacy
Volunteers
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, Literacy Volunteers of Tompkins County, Inc. has
requested an emergency allocation of $5,000 from the City of
Ithaca, and
WHEREAS, the allocation is needed as part of a plan to restore
services recently suspended because of cuts in State funding to
BOCES, and
WHEREAS, Literacy Volunteers of Tompkins County, Inc. will also
be making a request to Tompkins County and the Ithaca City School
District and/or BOCES in the amount of $5,000 each; now,
therefore, be it
RESOLVED, That an amount not to exceed $5,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1012-435
Service Agency Contracts to fund an emergency allocation to
Literacy Volunteers of Tompkins County, Inc., and be it further
RESOLVED, That the $5,000 allocation will not be released to
Literacy Volunteers of Tompkins County, Inc. without a funding
commitment for a total of $10,000 from Tompkins County, and/or
the Ithaca City School District.
Extensive discussion followed on the floor regarding the funding
request.
Alderperson Booth stated that he will not support this resolution
because of the inter-related policy issues involved with this
request. In particular he noted that the City was the only
municipality that was being asked to contribute, and that City
residents paid County taxes as well as City taxes.
A vote on the resolution resulted as follows:
Ayes (9) - Johnson, Shenk, Gray, Mackesey, Hanna, Efroymson,
Thorpe, Sams, Schroeder
Nay (1) - Booth
Carried
PLANNING COMMITTEE:
* 19.1a. An Ordinance Amending Sections 325-3, 325-8, 325-9 and
325-20 of Chapter 325, Regarding Bed-and-Breakfast Uses -
Designation of Lead Agency Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment of Sections 325-3, 325-8, 325-9
and 325-20 of Chapter 325 of the City Code is an Unlisted Action
pursuant to SEQR, and a Type I Action pursuant to CEQR which
requires review under the City's Environmental Quality Review
Ordinance; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendment of Sections 325-3, 325-8, 325-9 and 325-20 of
Chapter 325.
September 6, 1995
Carried Unanimously
* 19.1b. An Ordinance Amending Sections 325-3, 325-8, 325-9 and
325-20 of Chapter 325, Regarding Bed-and-Breakfast Uses -
Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, an Ordinance Amending Sections 325-3, 325-8, 325-9 and
325-20 of Chapter 325, regarding Bed-and-Breakfast Uses has been
submitted to Common Council for consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Long Environmental Assessment Form
dated August 30, 1995, and be it further
RESOLVED, That this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and she is, hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
* 19.1c. An Ordinance Amending Sections 325-3, 325-8, 325-9 and
325-20 of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code, Regarding Bed-and-Breakfast Uses
By Alderperson Schroeder: Seconded by Alderperson Thorpe
ORDINANCE NO. 95 ____
AN ORDINANCE AMENDING SECTIONS 325-3, 325-8, 325-9 AND 325-20 OF
CHAPTER 325 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL
CODE, REGARDING BED-AND-BREAKFAST USES.
WHEREAS, bed-and-breakfast uses can strengthen the economic base
of communities by introducing new business opportunities; by
creating business income from non-income-producing property; and
by increasing the economic viability of neighborhoods without
diminishing residential character, and
WHEREAS, bed-and-breakfast uses promote the community's tourism
and travel industry by providing an alternative type of transient
accommodation that increases the lodging choices available to
tourists and travelers; by attracting lodgers who avoid hotels or
motels in favor of bed-and-breakfasts; by providing
accommodations for travelers at tourism sites whose settings are
not amenable to commercial hotels and motels; and by relieving
any shortage of rooms during special events or seasonal high-
occupancy periods, and
WHEREAS, bed-and-breakfast uses encourage maintenance,
rehabilitation and historic preservation of older residential
buildings in areas where the housing stock is sound but
deteriorating, thereby promoting neighborhood revitalization and
conservation, and
September 6, 1995
WHEREAS, bed-and-breakfast uses are an appropriate adaptive reuse
for large older houses, when the original uses as a single-family
dwelling is obsolete and the dwelling can be converted from
multiple tenancy back to an owner-occupied bed-and-breakfast,
thereby encouraging owner occupancy, and
WHEREAS, the ordinance provision limiting in certain zones the
proximity of bed-and-breakfast homes to each other is intended to
ensure such uses do not, through concentration, diminish the
residential character of neighborhoods in which they may be
established; now, therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to add to the permitted
primary uses in the R-2 zones "Bed-and-breakfast home by special
permit
from the Board of Zoning Appeals, such permit requiring renewal
by this Board every five years."
Section 2. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to add to the permitted
primary uses in the R-3 and R-U zones "Bed-and-breakfast home and
bed-and-breakfast inn by special permit from the Board of Zoning
Appeals."
Section 3. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to delete "Tourist
home" from the permitted primary uses in the R-3 zone.
Section 4. That the current Section 325-3 entitled "Definitions
and word usage" be amended by adding the following items under
the heading "B. Specific terms or words":
"BED-AND-BREAKFAST HOME -- An owner-managed occupation conducted
by the owner-occupant of a one- or two-family home that provides
one (1) to four (4) rooms for paying guests on an overnight
basis. Guest occupancy periods shall not exceed twenty-one (21)
consecutive days. The occupancy of such a bed-and-breakfast home
is limited to two (2) persons or one (1) family per lodging unit
or guest room.
BED-AND-BREAKFAST INN -- An owner-managed occupation that
provides five (5) to ten (10) guest rooms, limited to two (2)
persons or one (1) family per lodging unit or guest room, on an
overnight basis for periods not to exceed twenty-one (21) days."
Section 5. That the current Section 325-3 entitled "Definitions
and word usage" be amended by deleting the current item "TOURIST
HOME" and its definition and by deleting the words "and `tourist
home'" currently appearing at the end of the definition of the
item "BOARDING HOUSE." An historical note shall be added to the
Code referring to the former "TOURIST HOME" definition, and
noting that this former use required one off-street parking space
per guest room.
Section 6. That the current Section 325-9 entitled "Standards"
be amended by adding a new Subsection 325-9.C.(1)(r) which shall
read as follows:
"(r) Bed-and-breakfast homes and bed-and-breakfast inns."
Section 7. That the current Section 325-9 entitled "Standards"
be amended by adding a new Subsection 325-9.C.(4)(g) which shall
read as follows:
September 6, 1995
"(g) Bed-and-breakfast homes and bed-and-breakfast inns:
[1] The Board of Zoning Appeals shall only grant a
special permit for a bed-and-breakfast home or a bed-
and-breakfast inn (in those districts allowing such
uses) if the following special conditions are met and
adhered to during the period the bed-and-breakfast use
is in operation:
[a] Each such use before it commences must obtain a
Certificate of Occupancy from the Building
Commissioner.
[b] A bed-and-breakfast home must be owner-occupied
and owner-managed. A bed-and-breakfast inn must be
owner-managed.
(i) An owner-occupant is an individual who
owns at least a one-half interest in the real
estate on which the bed-and-breakfast home is
located and also owns at least a one-half
interest in the business of running the bed-
and-breakfast home and who primarily resides
in and lives in the bed-and-breakfast home
for at least eighty per cent of the days (in
each calendar year) when the bed-and-
breakfast home is open for business as a bed-
and-breakfast home.
(ii) An owner-manager is an individual who
owns at least a one-half ownership interest
in the real estate on which the bed-and-
breakfast home or bed-and-breakfast inn is
located and also owns at least a one-half
interest in the business of the bed-and-
breakfast home or bed-and-breakfast inn and
who is primarily responsible for the
management of the bed-and-breakfast home or
bed-and-breakfast inn and is physically
present in the bed-and-breakfast home or bed-
and breakfast inn at least once per day for
eighty per cent of the days (in each calendar
year) when the bed-and- breakfast home or
bed-and-breakfast inn is open for business.
[c] Bed-and-breakfast homes or inns in residential
zones must be compatible with the surrounding
residential neighborhood. No alterations to the
exterior of the house for the purpose of
establishing or expanding bed-and-breakfast
operations shall be permitted except for routine
maintenance, alterations not requiring a building
permit, restoration or requirements related to
safety or handicapped accessibility. There shall
be no exterior indication of a business except the
one permitted sign as indicated below and required
parking. Drawings illustrating any proposed
exterior modifications must be submitted with the
special permit application.
[d] Drawings illustrating any major proposed
interior modifications (excluding plumbing, wiring
or other utility work) directly related to
establishing or continuing the bed-and-breakfast
use must be submitted with the special permit
application. Examples of major interior
modifications are the removal, replacement or
installation of staircases or partitioning walls.
[e] No cooking facilities are permitted in the
individual guest rooms.
September 6, 1995
[f] Food service shall only be provided to guests
taking lodging in the bed-and-breakfast home or
inn.
[g] In R-2 zones, no bed-and-breakfast home may be
located on a lot closer than five hundred (500)
feet from any other lot containing a bed-and-
breakfast home, with only one such establishment
permitted per block face.
[h] There shall be no more than one (1) sign. Such
sign shall not be self-illuminated and shall not
exceed five (5) square feet in area. Additional
requirements described in Chapter 272 entitled
"Signs" of this Code shall be met.
[2] The response of those notified by the appellant as
required in the procedures set forth in Section 325-41,
as well as that expressed at the public hearing, should
be a principal factor in the Board's decision to grant
or deny the special permit.
[3] A special permit granted for a bed-and-breakfast
home located in an R-2 zone shall expire after a period
of five (5) years. All the requirements pertaining to
the application for and granting of a first-time
special permit for a bed-and-breakfast home shall also
apply to the application for and granting of a renewed
special permit for a bed-and-breakfast home located in
an R-2 zone, including the notification procedures set
forth in Section 325-41 and the expiration of such
renewed special permit after five (5) years."
Section 8. That the current Section 325-20.A.(4)(a), a table
detailing the off-street parking spaces required for certain
uses, be amended by adding the following category:
"Bed-and-breakfast home or bed-and-breakfast inn -- 1
per guest room.*
* Unless the Zoning 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 bed-and
breakfast home or bed-and-breakfast inn special permit
that a lesser off-street parking requirement is
appropriate and will not have a negative impact on
the surrounding neighborhood."
and that the same Section 325-20.A.(4)(a) table be amended by
replacing the category "Hotel, motel or tourist home -- 1 per
guest room" with the following revised category:
"Hotel or motel -- 1 per guest room"
Section 9. Effective Date. This ordinance shall take effect
immediately in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the deletion of the R-
1 zone.
A vote on the ordinance resulted as follows:
Carried Unanimously
INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE:
Use of Time Warner's I-Net by City
By Alderperson Efroymson: Seconded by Alderperson Hanna
September 6, 1995
WHEREAS, concerns have been raised over the use of the
Institutional Network (I-Net) in various circumstances, and
WHEREAS, the Cable Franchise Agreement between the City of Ithaca
and Time Warner Cable provides that the use of the Institutional
Network includes the transmission of data signals, and
WHEREAS, the intended use of the I-Net, under the Franchise and
the City Ordinance, includes its use for computer data, or any
other appropriate electronic communications; now, therefore, be
it
RESOLVED, That Common Council supports the current application by
the Mayor of the City of Ithaca for use of the I-Net for
communications between City government and other entities.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.2 Common Council - Release of Funds for IPAC
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Ithaca Performing Arts Center (IPAC) has requested
that the remaining $4,000 set aside as contingency reserve in the
1995 budget be now granted to IPAC, and
WHEREAS, IPAC has provided information to the City that shows
improvement in the management and operation of IPAC in the past
seven months, and
WHEREAS, IPAC has satisfied the conditions set by Council for
release of the remaining funds; now, therefore, be it
RESOLVED, That the $4,000 in contingency reserve be added to the
existing contract between the City and IPAC for 1995.
Extensive discussion followed on the floor regarding the funding
request.
A vote on the resolution resulted as follows:
Ayes (8) - Mackesey, Johnson, Gray, Shenk, Hanna, Thorpe,
Sams, Schroeder
Nay (1) - Booth
Abstention (1) - Efroymson (conflict of interest)
Carried
* 17.3 Southside Center - Request to Establish Capital Project
for Feasibility Study
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, Southside Community Center is in need of code-related
improvements and expansion for the City-owned facility, and
WHEREAS, the code improvements will be addressed from CDBG funds,
but building expansion costs need to be established and funded,
and
WHEREAS, the Southside Director, its Board of Directors, and the
Southside Center Design Committee established by the Mayor have
requested that an architect be retained to analyze the
feasibility and the potential cost of an expansion to the
Southside building at a cost estimate of $12,000 for such
services; now, therefore, be it
RESOLVED, That Capital Project #313 be established in an amount
not to exceed $12,000 to hire an architect to study the feasible
alternatives of expanding the Southside Center, which study will
utilize a statement of program needs to be prepared by the
Planning Department and/or the Human Services Coalition in
September 6, 1995
conjunction with the Southside Center's Board and staff, and be
it further
RESOLVED, That the funds for said feasibility study will be
advanced from the General Fund and repaid at the time the project
is started and financed.
Carried Unanimously
* 17.4 DPW - Request to Establish Capital Project for Cold
Storage Building
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the DPW is now requesting funding in the amount of
$279,000 for the construction of an 8,800 square foot cold
storage building on the Streets and Facilities site to house the
department's larger pieces of equipment, and
WHEREAS, the DPW has included the construction of this cold
storage building in a preliminary overall site plan for DPW
consolidation, and
WHEREAS, Streets and Facilities has lost all of its off-site
covered storage space over the past few months which includes the
DPW building at First and Franklin Streets which was turned over
to the Sciencenter and the site of the Day Care building project
and the BT Glass Building, and
WHEREAS, these covered storage sites housed various expensive
vehicles and materials and without such covered storage
facilities, many of the DPW vehicles, equipment and materials
will have to be placed outside and subjected to the elements;
now, therefore, be it
RESOLVED, That Capital Project #314 be established in an amount
not to exceed $279,000 to construct a cold storage building for
the Department of Public Works on the current Streets and
Facilities site, and be it further
RESOLVED, That the said funds will be derived from the issuance
of serial bonds.
Discussion followed on the floor regarding the need for this
building.
Alderperson Schroeder noted that the site plan should be reviewed
by the Planning Board.
Superintendent Gray and City Controller Cafferillo spoke to
Council regarding the resolution.
A vote on the resolution resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed at 9:10 p.m. and reconvened at 9:20 p.m.
* 17.5 DPW - Request to Amend IAWWTP Capital Project
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, by vote of Common Council at its April 5, 1995 Common
Council meeting, the City's share of funding for increasing the
IAWWTP treatment capacity and selection of Stearns and Wheler for
the related engineering services was approved in the amount of
$48,800, and
WHEREAS, the Special Joint Sewer Committee at its regular meeting
on August 1, 1995 authorized an increase in the project from
$48,800 to $54,200 for additional engineering services to provide
a programmable logic controller (PLC) based control system
capable of controlling the operation of the new raw wastewater
pumps as well as the two existing raw wastewater pumps which are
equipped with variable frequency drives, and
WHEREAS, the PLC-based control system will be designed to permit
future programming (at a later date) for the control of the two
September 6, 1995
existing wastewater pumps which operate off the FloMatcher pump
control system; now, therefore, be it
RESOLVED, That Capital Project #402J be increased by an amount
not to exceed $6,000, giving a total project cost of $54,800, for
purposes of funding said additional engineering services, and be
it further
RESOLVED, That funds for said project shall be derived from the
IAWWTP Capital Reserve Account J-1 and allocated among the City
of Ithaca, Town of Ithaca, and the Town of Dryden as per the
existing capital cost allocation agreement.
Carried Unanimously
* 17.6 Planning & Development - Authorization of Certified Local
Government Subgrant Program Application
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City would like to co-sponsor a workshop in Ithaca
regarding economic hardship for landmarks preservation
commissions, and
WHEREAS, the City may apply for funding to the New York State
Office of Parks, Recreation and Historic Preservation through the
Certified Local Government Subgrant Program for the cost of such
a workshop, and
WHEREAS, the City has estimated a $12,300 budget for the
development and hosting of a statewide workshop on economic
hardship, and
WHEREAS, the City would have no required cash match and no more
than thirty-five hours of in-kind staff time for contract
administration and participation during the day of the workshop;
now, therefore, be it
RESOLVED, That the Mayor be authorized to sign the funding
application for New York State aid from the Office of Parks,
Recreation, and Historic Preservation through the Certified Local
Government Subgrant Program to fund the cost of development and
hosting of the statewide Workshop on Economic Hardship.
Carried Unanimously
* 17.7 Youth Bureau - Request Amendment to Youth Bureau
Renovation Capital Project
By Alderperson Booth: Seconded by Alderperson Thorpe
WHEREAS, Common Council has previously approved an amount of
$620,000 for the Youth Bureau Acoustics/HVAC Project, and
WHEREAS, the bids for the Youth Bureau Acoustics/HVAC Capital
Project came in over budget and a Client Committee has performed
a long and careful review of the City's options in regard to the
Youth Bureau Acoustics/HVAC Project, and
WHEREAS, the Client Committee is recommending Option 3A, a
modified version of the ground source heat pump system with
building acoustics that was originally approved and bid, at a
revised total capital cost of $753,807, and
WHEREAS, this selected option represents a need for a project
cost authorization increase from the previously approved amount
of $620,000 to $753,807, or a $133,807 increase including a
$12,000 NYSEG rebate program, and
WHEREAS, Option 3A was selected by the Client Committee for the
following reasons:
A. This option offers the greatest energy efficiency and
lowest consumption of fossil fuels;
B. This option offers the best addition of heating to the
present system;
C. This option offers the least disruption of, and potential
for future problems to the present building;
September 6, 1995
D. This option does not have any negative aesthetic impacts;
E. This option has the lowest operating and maintenance
costs; and
F. This option offers the lowest cost for redesign work;
now, therefore, be it
RESOLVED, That Capital Project #244 Youth Bureau Acoustics/HVAC
be increased by an amount not to exceed $133,807, to a total
project cost not to exceed $753,807, for the Acoustic and HVAC
System Remediation, and be it further
RESOLVED, That $122,000 for said project be financed through the
issuance of serial bonds and $12,000 be funded from the
applicable NYSEG Rebate Program.
Discussion followed on the floor regarding the renovation
project.
A vote on the Resolution resulted as follows:
Ayes (9) - Booth, Johnson, Schroeder, Shenk, Thorpe, Sams,
Gray, Efroymson, Hanna
Nay (1) - Mackesey
Carried
* 17.8 Finance/Chamberlain - Request Authorization to Charge for
Delinquent Tax Notices
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Chamberlain is required by City Charter and New
York State Real Property Tax Law to mail notice to each owner of
real property upon which taxes remain unpaid prior to enforcement
of the unpaid tax, and
WHEREAS, Real Property Tax Law provides that the expense of
mailing such notice shall be an additional penalty of not more
than two dollars chargeable against the parcel; now, therefore,
be it
RESOLVED, That the City Chamberlain is authorized to charge a
penalty of not more than $2 for each such notice, such
authorization to be contingent upon Tompkins County's tax
collection software change to automatically add $2.00 to the
County taxes when the notice is mailed to the property owner.
Carried Unanimously
* 17.9a. An Ordinance Amending Section 210-43 Entitled
"Certificates of Compliance" of Chapter 210 Entitled "Housing
Standards" of the City of Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Johnson
ORDINANCE NO. 95- _____
AN ORDINANCE AMENDING CHAPTER 210 ENTITLED "HOUSING STANDARDS"
OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED, by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. That Section 43 entitled "Certificates of
Compliance" of Chapter 210 entitled "Housing Standards" of the
Municipal Code is hereby amended as follows:
210-43. Certificate of compliance
A. The Building Department shall issue every three (3) years a
certificate of compliance with all applicable city and state
codes to all rental dwelling units covered in Section 210-42.
B. The Building Department shall not issue a certificate of
compliance to any rental unit as described in Section 210-42 that
is in violation of any applicable city or state code.
September 6, 1995
C. Failure of an owner of any rental dwelling unit to hold a
valid certificate of compliance for said rental dwelling unit
shall be deemed a violation of the Housing Code.
D. The fee for a Certificate of Compliance shall be based on the
following:
(1) Twenty-eight dollars ($28.00) plus twenty-eight dollars
($28.00) per hour for the time spent by the Inspector at
the premises doing the initial inspection to determine
whether the premises are in compliance with the
Housing Code; plus
(2) If, at the time the initial inspection is done, the pre-
mises are not in compliance with the Housing Code,
twenty-eight dollars ($28.00) per hour for all time
spent by the Inspector regarding the premises after
such initial inspection, including but not limited to
the time spent in correspondence, review of the appro-
priate files, transportation and further inspections.
E. Upon the issuance of a Certificate of Compliance, the
property owner shall be billed for services rendered at the rates
established pursuant to Section 210-43(D)(1) and (2). This fee
shall be paid to the City Chamberlain within thirty days of the
billing date. If the required fee is not paid within thirty days
of the billing date, the City Chamberlain shall enter the same
as a lien against the premises as provided in Section C-54 of the
Charter of the City of Ithaca. The Chamberlain shall add the same
to the next assessment roll of general city taxes and shall
collect and enforce the assessment in the same manner and by the
same proceedings, at the same time and with the same penalties as
the general city tax and as a part thereof, except that, in
addition to the penalties provided for in the aforementioned
provisions, interest shall accrue from the date of billing to the
date of actual payment at twelve percent (12%) per annum or $3.00
per month, whichever is greater.
F. The exclusive administrative remedy for a property owner
wishing to appeal the amount of the bill which has been
established pursuant to Section 210-43(D)(1) and (2) is to file a
notice of appeal with the Building Commissioner within seven days
of the mailing date to the property owner of the bill for the
inspection services. When a notice of appeal is filed, the
Building Commissioner, using the regulations of the Housing Board
of Review, shall schedule the matter at the next possible regular
meeting of the Housing Board of Review. The property owner then
has the responsibility to perfect the appeal to the Housing Board
of Review, by submitting three copies of the appeal and detailing
the reasons why the property owner believes the fee is not
justified. The property owner bears the burden of establishing
that the accounting submitted by the inspector of the time spent
for initial inspection, correspondence, review of the appropriate
files, transportation, further inspections or other time spent is
inaccurate. The Housing Board of Review shall have the authority
to approve or reject such appeal in whole or in part.
Section 2. Effective Date. This ordinance shall take effect
immediately in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
Carried Unanimously
* 17.9b. A Local Law Amending Charter Section C-21 Entitled
"City Chamberlain of the City of Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Johnson
LOCAL LAW NO. ______ OF THE YEAR 1995
CITY OF ITHACA
September 6, 1995
A LOCAL LAW AMENDING CHARTER SECTION C-21 ENTITLED "CITY
CHAMBERLAIN" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
SECTION 1. AMENDING CHARTER SECTION C-21
Paragraph B of section C-21, entitled " City Chamberlain" of the
City of Ithaca Charter is hereby amended to read as follows:
C-21.B. The City Chamberlain shall:
(1) Receive and collect all taxes, water and sewer charges
and such other fees and rentals due to the city as are provided
for in the city charter or other sections of the municipal code
or in the rules and regulations of the Board of Public Works.
(3) Enforce the collection of delinquent property taxes and
liens from unpaid fees, charges and rentals due to the city,
charge and receive penalties and interest pursuant to law and
conduct tax sales and account for the proceeds thereof pursuant
to law.
SECTION 2. EFFECTIVE DATE
This local law shall take effect immediately after filing in the
office of the secretary of state and upon publication as
required.
Carried Unanimously
17.9c. A Local Law Amending Charter Section C-54 Entitled
"Liens" of the City of Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Johnson
LOCAL LAW NO. ______ OF THE YEAR 1995
CITY OF ITHACA
A LOCAL LAW AMENDING CHARTER SECTION C-54 ENTITLED "LIENS"
OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
SECTION 1. AMENDING CHARTER SECTION C-54
Section C-54, entitled " Liens" of the City of Ithaca Charter
shall be amended to read as follows:
C-54. LIENS
(1) Every fee, bill, tax and assessment authorized or imposed
under any of the provisions of this Charter or any other
ordinance or resolution authorized by this Charter shall be a
lien upon all real estate which was the subject of or related to
the fee, bill, tax or assessment. Any such lien against or
concerning the real estate shall be assessed for ten (10) years
from the final assessment or imposition thereof, superior to any
mortgage, judgment or other lien of any nature except general
city and school taxes affecting the same, and shall have priority
thereto or to any conveyance thereof, and notice to the occupant
or tenant shall be held to be deemed notice to the owner or
owners thereof.
(2) The notice shall contain at least the following
information:
(a) the name and address of the property owner, as
may reasonably be determined;
(b) the nature of the fee, bill, tax or assessment;
(c) the amount due when the notice is mailed;
(d) the date of mailing;
September 6, 1995
(e) the date when the owner or the owner's representative
or agent may appear before the appropriate board to contest the
bill or the date for appearance before the appropriate committee
of Common Council, if one has been established, to contest the
addition of the bill to the subsequent tax roll.
(3) Fees, bills, taxes or assessments shall be payable
without penalty within thirty (30) days of the billing date,
unless a different period is established for the particular fee,
bill, tax or assessment.
(4) Any fee, bill, tax or assessment which has not been paid
within thirty (30) days from the billing date, or other period
established for the particular fee, bill, tax or assessment
shall be subject to interest and penalties calculated and
accrued at the rates established for taxes in Section C-43 of
this Charter unless a different rate is otherwise established.
(5) Any uncontested fee, bill, tax, or assessment remaining
unpaid on or before November 1 of any year, shall be added to the
subsequent year's city property tax, First Installment, to be
collected with and as a part of the City tax. Fees, bills,
taxes, or assessments which have been contested in a timely
manner and which have been determined by the designated board or
committee to be due and payable before November 1 of any year
shall be similarly collected. The Chamberlain may not accept
the payment of any city property tax for the affected property
unless the fee, bill, tax, or assessment, with any added penalty
and interest, is tendered at the same time as the tax payment.
(6) Any uncontested fee, bill, tax, or assessment remaining
unpaid, but due for payment after November 1 of any year, shall
be added to the city property tax, First Installment, to be
collected with and as a part of the City tax in the second year
following. Fees, bills, taxes, or assessments which have been
contested in a timely manner and which have been determined by
the designated board or committee to be due and payable after
November 1 of any year shall be similarly collected. The
Chamberlain may not accept the payment of the city property tax
for the affected property unless any fee, bill, tax, or
assessment, which has been added to the city property tax with
any added penalty and interest, is tendered at the same time as
the tax payment.
SECTION 2. EFFECTIVE DATE
This local law shall take effect immediately after filing in
the office of the secretary of state and upon publication as
required.
Carried Unanimously
* 17.10 Building Department - Request to Amend Capital Project
for Computer Purchases
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Common Council approved a Retirement Incentive Program
for the City, including the Building Department, at its June 7,
1995 meeting, and
WHEREAS, as part of the conceptual plan established to ameliorate
the impacts of these retirements, the Building Department had
plans to purchase $52,150 in various computer hardware and
software for their department in order to become more efficient
and effective, and
WHEREAS, the Building Department had estimated the following
computer purchases as part of the mitigation process:
A. Purchase new laser printer for department $ 2,000
B. Purchase and upgrade 12 department computers
and software, 8 laptop purchases, 2 pentium
machines and 2 memory upgrades 23,920
September 6, 1995
C. Disposal of older machines by auction (2,000)
D. Upgrade Network Operating System 1,200
E. Field computer analysis 2,000
F. Data management analysis 1,000
$28,120
now, therefore, be it
RESOLVED, That Capital Project #211 Computer Acquisition be
amended by an amount not to exceed $28,120 to a total
authorization of $709,149 for the purpose of upgrading the
Building Department's computer system, and be it further
RESOLVED, That the purchase of the computer hardware and software
is contingent on the approval of the Computer Committee as it
relates to compatibility with the overall City network, and be it
further
RESOLVED, That said funds will be derived from the issuance of
serial bonds.
Discussion followed on the floor with Building Commissioner
Eckstrom answering questions from Council members. Further
discussion followed on role of the Computer Committee. The
Inter-Institutional Committee will review related policy issues.
A vote on the Resolution resulted as follows:
Carried Unanimously
* 17.11 Authorization to Retain Appraisal Firm
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, the City's Department of Planning and Development has
requested summary appraisals of certain property within the
City's Central Business District as part of its ongoing analysis
of parking demand within the CBD, and
WHEREAS, Planning Department staff has received proposals for
this assignment from two qualified appraisal firms, and
WHEREAS, staff recommends that Midland Appraisal Associates, Inc.
be retained for this assignment based on their experience and fee
proposal; now, therefore, be it
RESOLVED, That the Mayor be authorized to execute a contract for
this appraisal assignment for a fee not to exceed $3,300, and be
it further
RESOLVED, That $3,300 be hereby transferred from A1990
Unrestricted Contingency for said purpose.
Discussion followed on the floor with Alderperson Johnson stating
that he will not support this Resolution as he feels that a local
appraisal firm should have been retained for this purpose.
A vote on the Resolution resulted as follows:
Ayes (9) - Booth, Hanna, Gray, Mackesey, Shenk, Sams,
Schroeder, Thorpe, Efroymson
Nay (1) - Johnson
Carried
Community Service Agency Requests - Report
Alderperson Booth reported that the Budget and Administration
Committee reviewed Community Service Agency requests totaling
$191,000 and made recommendations totaling $107,000. These
recommendations will be forwarded to the Mayor.
ECONOMIC DEVELOPMENT COMMITTEE:
Local Development Corporation - Report
Alderperson Mackesey reported that the Economic Development
Committee has drafted by-laws to establish a Local Development
September 6, 1995
Corporation within the City of Ithaca. This Local Development
Corporation will be a non-profit organization made up of a
combination of the business, financial, and labor sectors, social
services agencies, and Common Council members. The
organization's main focus will be on economic development and job
creation. She stated that copies of the draft by-laws are
available in the Planning and Development Office. A final draft
will be considered at the September Economic Development
Committee meeting.
PLANNING COMMITTEE:
* 19.2 An Ordinance Amending Sections 1-1, 325-23, 325-47 and
331-4 of the City of Ithaca Municipal Code, Regarding Exterior
Property Maintenance--Call for Public Hearing
RESOLVED, That Ordinance 95-_____ entitled “An Ordinance Amending
Sections 1-1, 325-23, 325-47 and 331-4 of the City of Ithaca
Municipal Code, regarding exterior property maintenance, is
hereby introduced before the Common Council of the City of
Ithaca, New York, and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance to be held in
the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, October 4, 1995 at
7:00 p.m., and be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board true and exact copies of the proposed
zoning ordinance for their reports thereon.
The Ordinance to be considered shall be as follows:
ORDINANCE NO. 95 _____
An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of
the City of Ithaca Municipal Code, Regarding Exterior Property
Maintenance.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code is hereby amended
to add to Section 325-23.B. a new Subsection 325-23.B.(2),
entitled "Exterior Property Maintenance," which shall read as
follows:
"(2) Exterior property maintenance.
(a) Declaration of Purpose. The purpose of this subsection is to
provide a minimum standard for the maintenance of the
exterior grounds and visible facades of properties within
the City. This ordinance is intended to help provide stable
and attractive neighborhoods, and to promote individual
health and safety by prohibiting certain deficiencies in
exterior property maintenance which create or contribute to
unsightly, unhealthy or hazardous conditions. This ordinance
is also intended to impose on property owners and to a limit
extent, tenants and occupants, the obligation to perform
such repair and maintenance of properties as will prevent
deficiencies in exterior property maintenance from becoming
an attractive nuisance to children, trespassers, insects,
vermin and other animals.
September 6, 1995
The adoption and vigorous enforcement of this subsection
is
intended to deter effectively substandard exterior property
maintenance and to protect property investment, the tax
base, and the health, safety and welfare of all City
residents.
(b) Definitions. For the purposes of this subsection, the
following definitions shall apply:
[1] COMPOSTING MATERIALS shall mean a compost pile of less
than 25 cubic feet that (1) is maintained and operated in a
safe, nuisance-free manner; (2) contains no sewage, sludge
or septage; (3) contains no inorganic materials, such as
metal, plastic or glass; (4) follows acceptable methods of
composting that minimize odors and produce a useful, stable
end product.
[2] GARBAGE shall mean food wastes, food wrappers,
co
ntain
ers,
non-
recyc
lable
s or
other
mater
ials
resul
ting
from
the
use,
consu
mptio
n,
and
prepa
ratio
n of
food
or
drink
, as
well
as
other
waste
s
such
as
plast
ic,
metal
,
rags,
or
glass
,
etc.,
or
any
other
waste
s
gener
ated
from
the
day-
September 6, 1995
to-
day
activ
ities
of a
house
hold,
busin
ess,
or
publi
c or
quasi
-
publi
c
facil
ity.
The
term
garba
ge
does
not
inclu
de
prope
rly
prepa
red
and
store
d
recyc
lable
mater
ials
or
prope
rly
maint
ained
compo
st
areas
.
[3] The terms GROUNDS and EXTERIOR PROPERTY shall mean
any area of a building or lot not enclosed within the walls
of a building. Exterior property includes porches and other
portions of structures or lots which are exposed to view
from the public way or which can be seen from adjoining
properties. These terms include any public rights-of-way
adjacent to a property, including the area between the
sidewalk, if there is one, and the street.
[4] The term PUBLIC VIEW shall mean areas that are
visible
by pedestrian or vehicular traffic in the public right-of-
way.
[5] The term SOLID WASTE shall include materials or
substances that are discarded or rejected as being spent,
worthless, useless or in excess to the owners at the time of such dis
materials or substances such as garbage, refuse, industrial
and commercial wastes, sludge from air or water treatment
facilities, rubbish, tires, ashes, incinerator residue,
construction and demolition debris, discarded automobiles,
household and commercial appliances, furniture and offal.
Solid waste shall be presumed to be discarded or rejected
when it is stored, placed or left on the grounds or exterior
of the property in the view of neighbors or passersby under
September 6, 1995
circumstances which meet any of the following criteria:
[a] The production of an offensive smell;
[b] The exposure to the weather of objects
designed for interior use or made of
materials which are only suitable for
interior use;
[c] A degree of dilapidation that renders the
material unsuitable for or incapable of being
used for its original intended purpose.
[d] Materials which can cause injuries.
(c) Standards. It shall be the duty and responsibility of
all
owners of property in the City of Ithaca to ensure that:
[1] Grounds and exterior property are kept clean and free of
solid waste.
[2] Garbage is accumulated, stored and completely contained
in durable, nonabsorbent, water-tight containers having
a tight-fitting lid in place. Heavy water-proof liners
may be used inside such containers for the accumulation
of garbage,and may be removed, securely tied and placed
at the curbside for collection on the evening before
scheduled collections or may be taken to an approved
refuse disposal site. Composting materials, so long as
they are maintained as defined by this section, shall
not be considered garbage.
[3] Solid waste, including tires, is not stored in the public
view.
[4] Unlicensed vehicles are not stored in the public view.
[5] Grass, weeds or other vegetation on grounds and exterior
property, except those planted or maintained for some
ornamental or other useful purpose, are maintained at a
height of less than 9".
[6] The area along public rights-of-way adjacent to the
property, including but not limited to the lawn area
between the sidewalk and the curb, is maintained in a
reasonably clean and sanitary condition free of solid
waste, with any grass, weeds and brush in said area cut
or trimmed in compliance with Section 325-23.B.(2)(c)
[5] above, so that unobstructed pedestrian traffic is
permitted. Premises situated at street intersections
or on curved streets shall be kept in such a condition
as to give a clear and unobstructed view of the
intersection or curve.
[7] Trees and shrubs are pruned in a manner that will
not
obstruct street lights, obstruct the passage of
pedestrians on sidewalks, obstruct vision of traffic
signs, or obstruct the view of any alley or street
intersection. Street trees owned by the City are
excluded.
[8] Fences and other minor constructions are maintained in
safe, substantial and non-deteriorated condition.
[9] Steps, walks, driveways, parking spaces and other
similar paved areas are maintained so as to afford safe
passage under normal use and weather conditions.
[10] Sidewalks are kept substantially clear of snow, ice and
other obstructions, including but not limited to free
flowing water from drains, ditches, and/or downspouts
located on the property. All sidewalks, ramps and curb
September 6, 1995
cuts shall be cleared of such obstructions within
twenty four hours of the time when such obstruction
initially occurs. For properties abutting an
intersection of two streets, the portion of sidewalk
that must be kept substantially clear from snow, ice
and other obstructions shall include that portion of
the sidewalk which runs to the curb line of any street
and shall include any access ramps therein.
[11] Removal of graffiti visible to the public.
(d) Responsibilities of agents and/or tenants or occupants.
The
responsibilities outlined in Section 325-23.B.(2)(c) may be
delegated to a registered agent by the property owner so
long as the following requirements are met at the time of
any violation of the standards:
[1] An agency agreement is on file in the City Building
Department which contains the following information: the
identity of the owner and the
agent, the agent's
address, the property or
properties the agent is
accepting responsibility for,
the beginning and ending
date of the agreement, the
exact sections of this Code
assigned to the agent, and the
signatures of both the
property owner and agent.
[2] At the discretion of the Building Commissioner or the
Commissioner's designee, the tenants or occupants of a
property may be held responsible for adherence to the
listed exterior property maintenance standards, and
charged with a violation of such standards, providing
that a copy of the agreement or lease between the
property owner or rental agent and the tenant(s) is
provided to the City Building Department and the lease
or agreement includes an explicit agreement by the
tenants that the tenants will perform clearly-listed
types of property maintenance. The lease or agreement
must identify the standards of the municipal Code for
which the tenants have agreed to assume responsibility,
and must inform the tenant of the penalties for
violation of the standards. The beginning and ending
date of the agreement must be stated, as well as the
tenants' names and addresses, and the agreement must be
signed by the tenant(s) and property owner. Provided
that all of the above criteria have been met and the
tenants are within the jurisdiction of the Ithaca City
Court and the property owner can demonstrate good faith
efforts to achieve compliance with the standards at his
or her property, the Building Commissioner may
thereafter charge any tenant or occupant for violations
of the standards outlined in Section 325-23.B.(2)(c)
which occurred during the tenants' possession or
occupancy of the property."
Section 2. Current Municipal Code Section 325-23.B.(2) and
Section 325-23.B.(3) shall be renumbered respectively as Section
325-23.B.(3) and Section 325-23.B.(4), and the first sentence of
the newly renumbered Section 325-23.B.(3) shall be amended to
read as follows, without changes to the subsequent sentences:
"In any case in which the City intends to correct a violation of
Sections 325-23.B(1) or 325-23.B.(2) and then bill the property
owner for the correction of the violation, the Building
Commissioner or his/her designee shall notify the owner of the
property, in writing, of any violation of this section."
September 6, 1995
Section 3. The following language shall be added to the end of
Municipal Code Section 325-47, entitled "Penalties for offenses":
"C. Violations of Section 325-23.B.(2) shall be punishable in
accordance with Section 1-1 of this Code."
Section 4. Current Municipal Code Section 1-1.B. shall be
amended to read as follows:
"B. Notwithstanding the penalty provisions of the preceding
subsection or other penalties specified in subsequent sections of
this Code, the penalties for violation of the Code sections
listed below shall be: not more than forty dollars ($40.) for a
first offense; not more than sixty dollars ($60.) for a second
offense; and not more than one hundred dollars ($100.) for a
third offense, if a conviction for such offense occurs within the
same twelve-month period. Each day on which the condition exists
may be charged and shall be considered as a separate offense.
CODE SECTION
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36.C. (Accessory structures)
210-38 (Garbage and refuse)
272-4.D. (Mobile signs)
272-4.E. (Banners and pennants)
285-5 (Sidewalks)
325-20.A.(5) (Front yard parking)
325-23.B.(1) (Yard maintenance)
325-23.B.(2) (Exterior property maintenance)
Section 5. Current Municipal Code Section 331-4 shall be amended
to read as follows:
"Section 331-4 Prohibited actions. No person shall throw, cast,
drop, put or place, or having accidentally dropped, fail to pick
up any bag, bottle, bottle cap, box, container, garbage, paper,
piece of paper, wrapper or any other trash or litter in or upon
any public or private park or place, except in receptacles
provided for such purposes."
Section 6. Effective Date.
This ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Extensive discussion followed on the floor regarding the current
enforcement problems facing the Building Department.
Motion to Refer
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That the proposed ordinance amending Sections 1-1, 325-
23, 325-47 and 331-4 of the City of Ithaca Municipal Code,
Regarding Exterior Property Maintenance be referred back to the
Planning Committee for further discussion and comments from
neighborhood groups.
Carried Unanimously
* 19.3 Local Waterfront Revitalization Program
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, the New York State Department of State Environmental
Protection Fund has issued a notice of funding availability for
local waterfront revitalization program grants, and
WHEREAS, the deadline for the submission of such grants is
September 11, 1995, and
September 6, 1995
WHEREAS, the City of Ithaca meets the basic eligibility criteria
for the grant application, and
WHEREAS, the City of Ithaca places a high value on its waterfront
and is vitally interested in its stewardship, and
WHEREAS an important part of such stewardship is the proper
planning for the future preservation and use of these areas; now,
therefore, be it
RESOLVED, That the City of Ithaca does hereby authorize and
direct the Mayor to make application to New York State Department
of State for $15,000 in planning funds to study the
implementation of the Inlet Island Land Use Plan.
Planning and Development Director Van Cort explained the grant
application requirements. Further discussion followed on the
floor regarding the overall waterfront plan, that would be if
this grant is approved.
A vote on the resolution resulted as follows:
Carried Unanimously
* 19.4 Designation of Lead Agency Status for Environmental
Review of an Ordinance Amending the District Regulations Chart
and Chapter 325, Entitled "Zoning", of the City of Ithaca
Municipal Code, Regarding the Creation of a New "U-1"
(University) Zoning District and the Rezoning of Certain Areas of
East Hill From "P-1" to "U-1"
By Alderperson Schroeder: Seconded by Alderperson Hanna
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed ordinance amending the District Regulations
Chart and Chapter 325 of the City Code, regarding creation of a
new "U-1" zoning district and the rezoning of certain areas of
East Hill from "P-1" to "U-1" is an Unlisted Action pursuant to
SEQR, and a Type I Action pursuant to CEQR which requires review
under the City's Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed ordinance amending the District Regulations Chart and
Chapter 325 of the City Code, regarding creation of a new "U-1"
zoning district and the rezoning of certain areas of East Hill
from "P-1" to "U-1".
Carried Unanimously
Revision of Section 325-20, "Off-Street Parking" - Report
Alderperson Schroeder reported that revisions to Section 325-20,
Off-Street Parking have been drafted. Several of the specific
proposed changes relate to regulations for back yard and side
yard parking lots.
Zoning Strategies to Promote Affordable Housing - Report
Alderperson Schroeder reported that Summer Intern Colin Forth has
proposed two ordinances relating to solving problems in the R-2c
zone which is in the Zoning Ordinance, but not on the zoning map,
and amending the Cluster Zoning Ordinance. These matters will be
discussed further at the September Planning Committee meeting.
September 6, 1995
NEW BUSINESS:
* 21.1 Designation of Rethinking Day Care and Families Day
By Alderperson Mackesey: Seconded by Alderperson Johnson
WHEREAS, early childhood education and supporting families with
young children are key elements in preventing many social
problems, including crime and drugs, and
WHEREAS, Ithaca has in the past 20 years made many strides in
meeting the child care needs in our community, including
improvements in quality, accessibility, and range of services
provided, and
WHEREAS, despite this progress, the needs of many families still
go unmet, and
WHEREAS, many federal and state programs supporting families and
children are being cut and/or eliminated, and
WHEREAS, Ithaca Community Childcare Center, a non-profit day care
center, is holding a 20th anniversary celebration and rally to
raise awareness about child care issues; now, therefore be it
RESOLVED, That this Common Council proclaims Sunday, October 1,
1995, to be "Re-Imagining Child Care and Family Issues in the
21st Century" Day.
Carried Unanimously
* 21.2 Cornell Negotiations
By Alderperson Mackesey: Seconded by Alderperson Sams
WHEREAS, Common Council has agreed that the Mayor, John Efroymson
and Richard Booth will act as representatives of Common Council
and the City in negotiations with Cornell, and
WHEREAS, Common Council has the responsibility of approving any
such agreement that the three representatives negotiate, and
WHEREAS, full knowledge of what has transpired is required in
order for Common Council members to make an informed decision;
now, therefore, be it
RESOLVED, That the Mayor, John Efroymson and Richard Booth shall
give each Common Council member full and regular reports
following each meeting with Cornell University.
Alderperson Booth reported that the City representatives have met
with the Cornell representatives, Vice President for Public
Relations Henrik Dullea, Senior Vice President/Chief Financial
Officer Frederick Rogers, and Vice President of Facilities Hal
Craft, three times. He stated that Cornell is willing to enter
into a 6 year agreement, such agreement will involve several
items, including an increase in Cornell's contributions to the
City, but their proposal at this time does not include any
specific numbers.
Alderperson Booth stated that if Council members have questions
or concerns, they should contact one of the Negotiating Committee
members.
Mayor Nichols stated that in the ongoing discussions between the
City and Cornell, representatives are discussing the mutual
interests of the City and Cornell University.
Motion to Refer
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That the Resolution regarding Cornell negotiations be
referred to the Inter-Institutional and Community Information
Committee for further discussion.
Ayes (7) - Booth, Johnson, Efroymson, Shenk, Gray,
Schroeder, Hanna
Nays (3) - Thorpe, Sams, Mackesey
September 6, 1995
Carried
EXECUTIVE SESSION:
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That this Council adjourn into Executive Session to
discuss possible land acquisition.
REGULAR SESSION:
Common Council reconvened into regular session at 11:05 p.m., and
no items were brought forth from the Executive Session.
ADJOURNMENT:
On a motion the meeting adjourned at 11:10 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor