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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