HomeMy WebLinkAboutMN-CC-1996-02-07February 7, 1996
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 P.M. February 7, 1996
PRESENT:
Mayor Cohen
Alderpersons (10) - Johnson, Efroymson, Mackesey, Shenk, Sams,
Gray, Blumenthal, Marcham, Hanna, Thorpe
OTHERS PRESENT:
City Attorney - Geldenhuys
City Controller - Cafferillo
Planning and Development Director - Van Cort
Building Commissioner - Eckstrom
Deputy City Clerk - Kaupe
Board of Public Works Commissioner - Reeves
Planning and Development Deputy Director - Sieverding
Deputy Police Chief - Barnes
Deputy City Controller - Thayer
Community Development Administrator - Stevenson
Superintendent of Public Works - Gray
Fire Chief - Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the December 6, 1995 Common Council
Meeting (POSTPONED)
Approval of the Minutes of the January 1, 1996 Special Common
Council Meeting
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That the Minutes of the January 1, 1996 Special Common
Council meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the January 3, 1996 Common Council
Meeting (POSTPONED)
Approval of the Minutes of the January 31, 1996
Continuation of January 3, 1996 Common Council Meeting
By Alderperson Efroymson: Seconded by Shenk
RESOLVED, That the Minutes of the January 31, 1996 Common Council
meeting (Continuation of January 3, 1996 meeting) be approved as
published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
February 7, 1996
Alderperson Shenk requested the addition of a resolution
establishing a salary range for the City Attorney and City
Prosecutor.
No Council member objected.
Unfinished and Miscellaneous Business
Alderperson Mackesey requested the addition of a resolution
regarding the IURA transfer of property to the Mutual Housing
Association.
No Council member objected.
Planning and Economic Development Committee
Alderperson Blumenthal requested the addition of a report on the
West State Street capital project.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing - Reprogramming of Community Development Block
Grant (CDBG) Funds
Resolution to Open Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to Consider the Reprogramming
of Community Development Block Grant (CDBG) Funds be declared
open.
Carried Unanimously
Community Development Administrator Stevenson stated that the
City has received over the years a number of Community
Development Block Grants and in 1992 and 1993 we were not able to
implement programs as we had anticipated. $650,000 remained from
two housing projects, one on West Hill and one at the former
Landmark Square. He stated that we are now in the process of
finding new appropriate uses for this money. The project in mind
tonight involves what is termed house recycling or acquisition
rehabilitation of houses which are currently vacant or abandoned
in the Southside neighborhood.
Community Development Administrator Stevenson noted that three
letters of support have been received from residents of the
Cleveland Avenue/Southside neighborhood expressing their concern
over the number of boarded-up houses and asking that the City
take action.
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Blumenthal
RESOLVED, That the Public Hearing to Consider the Reprogramming
of Community Development Block Grant (CDBG) Funds be declared
closed.
Carried Unanimously
February 7, 1996
YOUTH AWARD:
Alderperson Marcham, on behalf of Alderperson Hanna, presented
the following:
"The Fourth Ward members of Council, Tom Hanna and I, are pleased
to nominate the Community Service Group at the Alternative
Community School for the city's Distinguished Youth Award.
These 12 ACS students are each giving 100 hours of their time to
a variety of projects that benefit the community. That's a lot:
It means volunteering an average of nearly three hours a week
throughout the academic year. In return, they hope to attract
sponsors -- businesses, service clubs, and individuals -- who
will help finance the airfare for a trip they're planning to the
Grand Canyon in May.
Usually ACS students raise money for their spring trips through
dinners, auctions, car washes and such. But ACS teacher Francois
Bereaud, the advisor and academic counselor for this group,
wanted to encourage activities that have more meaning. Tom Hanna
and I met with Francois' group last week and we were much
impressed by their projects, designed to fit their individual
interests and skills. For example:
One student is helping an AIDSWork educator draft and AIDS
education program that suits today's secondary students and can
be used by them to inform other young people.
One whose native language is Spanish has taken courses to learn
how to teach English as a Second Language, and is now tutoring a
man from Azerbaijan.
One who plays women's varsity basketball is coaching younger
girls -- third to sixth graders -- in basketball every Sunday.
One student who directs programs for the public access channel is
filming a video on Southside Community Center. One has done photo
portraits of the entire GIAC staff for a hallway directory.
Others have worked at the Alternatives Credit Union, Caroline
After-School Program, and Cayuga Nature Center. As a group
they've helped staff such community events as the Southside
Center's Harvest Dinner and the GIAC's Martin Luther King
Breakfast.
I want to add, we Fourth Warders are especially pleased to honor
this group from ACS because our own neighborhood school -- the
late, lamented East Hill Elementary School -- was a pioneer,
locally and nationally, in alternative education.
Now, I want to introduce these students. Stand up and take a bow
when I read your name: Katya Levitan-Reiner, Vongdao Sengponexay,
Oscar Tovar, Jessica Evett-Miller, Ever Benites, Jesse Crane-
Seeber, Susan Thompson, Trevor Ryan, Tim Fallon, Sean Peck, Rafe
Terrizzi, Leah Bennett
I'd like to call Francois Bereaud up to present the Certificate
to him.
Here's the certificate, in their behalf."
Oscar Tovar and Vongdao Sengponexay acknowledged the Award on
behalf of the group.
MAYOR'S APPOINTMENTS:
February 7, 1996
Mayor Cohen stated that he has provided Council with quite a
number of appointments for this month and a number of members of
Council have felt, quite understandably, a bit overwhelmed by the
sheer number of appointments. He stated that he understood that a
motion would be made later for the continuance of this meeting to
review appointments that are subject to Council approval and he
would be more than happy to wait on approval for those particular
appointments until the continued meeting.
Alderperson Shenk requested that the Mayor wait on all the
appointments for a week.
Mayor Cohen stated again that he would delay the appointments
which required Council approval.
Discussion followed on the floor.
Mayor Cohen referred to a letter from Pat Lengerman, 613 Utica
Street and read the following from that letter:
"I appreciate your commitment to diversity as you understand it.
I hope we will have the opportunity to work together so that I
can make my point that diversity is not reached by the
appointment of a single minority person to a Board though that is
a beginning. Diversity is achieved by insuring that minorities,
women, racial, class, physical disability, are not so isolated in
policy-making settings that they have no confirmation from others
like themselves about what is just."
Mayor Cohen stated that he couldn't agree with Ms. Lengermann
more and that he has endeavored wherever possible to increase the
diversity of all of the city's boards and commissions and will
endeavor to do so as time goes on.
Appointments Not Requiring Council Approval
Mayor Cohen announced the following appointments to committees,
boards, commissions and councils that do not require Council
approval:
Energy Commission
Paul Sayvetz 3 year term
Paul Glover 3 year term
Ed Cope 3 year term
Janice Putnam 3 year term
Disability Advisory Council
Mark Hassan 1 year term
Frank Schafer 3 year term
Joanne Parke 3 year term
Bob Newhart 1 year term
Youth Bureau Advisory Council
David Delchamps 3 year term (re-appointment)
Gino Bush 3 year term
Amy Kuo 1 year term
Kurt Johnson 1 year term
William Murphy 3 year term
February 7, 1996
Recreation Partnership
Donald Holley 1 year term
Housing Board of Review
Scot Raynor 3 year term (re-appointment)
Neil Howard 3 year term
Examining Board of Plumbers
Claude Colleyacme 3 year term (re-appointment)
Jack Bacon 3 year term (re-appointment)
Rick Albanese 3 year term (re-appointment)
IURA - Housing Committee
Lucy Brown
Brad Nelson
IURA - Economic Development Committee
Eric Rosario
Martha Preston
IURA - Citizens Advisory Committee
Terry Plater
Tompkins County Board of Health (City Representative)
Dan Hargett
Tompkins County Youth Board
Cassandra Nelson
Tompkins County Environmental Management Council
Barbara Ebert
Tompkins County Fire, Disaster and EMS Advisory Board
Ken Reeves
Board of Zoning Appeals
Linda Thornhill 3 year term
William Olney 3 year term
Kenneth Vineberg 1 year term (re-appointment)
Planning and Development Board
Clarence Reed 3 year term
Ellen McCollister 3 year term
Scott Whitham 2 year term
Mayor Cohen named Steven Ehrhardt for the Board of Public Works
and Jane Marcham for Common Council as the Liaisons to the
Planning and Development Board. He also announced that Clarence
Reed will be Chairperson for the Planning and Development Board.
Extensive discussion followed on the appointments not requiring
Council approval.
February 7, 1996
COMMUNICATIONS FROM THE MAYOR:
Proclamations
Mayor Cohen announced the following proclamations:
Immaculate Conception School Day - February 16, 1996.
National Condom Week - February 14 - 21, 1996.
Exchange of Personal Property - Police Chief McEwen
Mayor Cohen stated that Police Chief McEwen has asked him to note
for the public record that there has been a transaction, which
both the Controller and the City Attorney have reviewed. The
Chief has exchanged some personal property that was installed in
some cars - a Motorola cellular flip-phone and extended card
system and a television set that is used for the distribution
system in the Police Station, valued at $2,111. and the City is
exchanging that for a Motorola Spectra radio, valued at $1,565.
Letter from Mr. Mark Finkelstein
Mayor Cohen read the following letter into the record:
"Dear Chief McEwen:
By this letter I would like to thank the Police Department and
particularly commend two of your officers for a job very well
done. On the night of January 5-6 the convenient store at my
firm's apartment complex on Gun Hill was broken into. Patrolman
Barker and Lieutenant Howe responded very quickly to our call.
Upon inspecting the scene, patrolman Barker noticed beer drips
leading away, he then discovered shoe prints in the snow that
matched those found at the scene. He followed the prints right to
the door of an apartment at a neighboring apartment complex.
After being permitted in by the residents he found broken glass
and beer bottles matching those at the scene.
At the time I am writing this letter, it is not yet known if
people will be charged and how the matter will be handled but
there is no doubt in my mind that thanks to his powers of
perception and skills of detection, Patrolman Barker, with the
able assistance of Lieutenant Howe has identified the
perpetrators.
In this day and age when some people assume might not have time
to fully investigate and solve relatively minor crimes, it is
extremely gratifying and refreshing to see good officers solving
a crime right on the spot.
My sincerest congratulations and thanks to Officers Barker and
Howe for the Sherlock Holmes work and the entire Police
Department for all the wonderful and often thankless work you do
on behalf of our City."
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Permit Parking/Off-Street Parking Ordinance
February 7, 1996
Mr. Douglas Reed, 105 Sheldon Road, spoke to Council in
opposition to permit parking and the proposed Off-Street Parking
Ordinance and explained his reasons for being against both.
Mutual Housing/IURA
Mr. Joseph Sweet, Ward One resident, board member and treasurer
of the Mutual Housing Association of Tompkins County, spoke on
behalf of the residents and all the members of the Mutual Housing
organization to thank the Ithaca Urban Renewal Agency for sending
its proposal to Common Council to reduce the cost of land for
phase II.
Ms. Millie Smiley, 310 Adams Street, President of the Board of
Directors for Mutual Housing, requested that Council support the
IURA decisions for the land for mutual housing. She stated that
this will secure housing for 14 more low-income families and that
the association is dedicated and committed to carrying out their
mission of establishing a diverse and drug free community. This
is a positive step in the direction to have secure low-income
housing and continue the work that Mutual Housing and the City
believes in.
Parking/Exterior Property Maintenance
Mr. Eric Skalwold stated that he delivered a letter to the
Mayor's Office concerning regulation of private property and
parking. He expressed his opposition to these proposed
ordinances.
Mayoral Appointment Process
Ms. Jill Brantley, 613 Utica Street, spoke to Council regarding
the memorandum of January 29 from City Attorneys Geldenhuys and
Kennedy concerning Mayoral appointments to commissions, boards,
committees and councils. She stated that she is concerned about
the process because we don't have a parliamentary system, we have
a system that depends on checks and balances and a separation
among the legislative, the judiciary and the executive branches
and she would like to understand how Common Council is to come
back into this since these laws were originally passed by Common
Council and she thinks the intent of Common Council was clear.
Youth Awards
Ms. Jill Brantley stated that she thinks it was really nice that
the Youth Award this evening was given to a group of students.
Exterior Property Maintenance Ordinance
Mr. Paul Sayvetz, 201 Elm Street, spoke to Council regarding
property rights of residents in the City of Ithaca.
Mayoral Appointments
Ms. Joyce Muchin, 309 Washington Street, requested that when they
review the Mayor's appointments during the week, that they
consider that he has appointed more people of color ever in the
history of Ithaca.
February 7, 1996
Exterior Property Maintenance Ordinance
Mr. Guy Gerard, 209 Giles Street, spoke to Council regarding
private property rights.
Dogs on the Commons
Mr. Steve Carriddi, 409 Columbia St, spoke in favor of the
proposed ordinance permitting dogs on the Commons.
RESPONSE TO PUBLIC:
Exterior Property Maintenance/Off-Street Parking Ordinances
Alderperson Gray stated that the Council will be voting tonight
on resolutions to have public hearings regarding Off-Street
Parking and Exterior Property Maintenance and he suggested that
the speakers tonight come and bring friends to speak on those
topics to the March 6 Common Council meeting.
Alderperson Shenk stated that we are walking a fine line with the
proposed Exterior Property Maintenance Ordinance.
Mayor's Appointments
Alderperson Thorpe stated that she thinks that what happened
tonight with regard to the Mayor's appointments, the key words
that were different were the words "with Council approval." She
said that Alderperson Shenk was asking that all the appointments
be held off and what the Mayor was saying was that he was not
willing to hold off on the ones he felt did not need Council
approval.
Alderperson Thorpe stated that she is concerned that now that a
list of all the potential people has been read, if the Council
does not appoint all those people, we've somehow found them
lacking and that is what she would like to avoid in the future.
Parking Study
Alderperson Blumenthal noted that the parking issue at Cornell
will be addressed in a parking study to be done in the Spring as
part of the re-zoning effort at Cornell.
Mayor's Appointments
Mayor Cohen stated that he did not read the names of persons
nominated for Committees, Boards, Councils or Commissions that
require Council approval.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Disability Advisory Council
Mr. Larry Roberts, 406 South Plain Street, member of the
Disability Advisory Council, reported on the DAC's concern with
two issues:
Regarding the Board of Public Works project list, he stated that
the DAC understood that handicapped access to City facilities,
with particular emphasis on City Hall bathrooms, is somewhere in
the middle of the list and the DAC wanted that item given a
higher priority.
February 7, 1996
The DAC also proposed changes to be made in the "Leash Law" which
would prohibit harassment of a service animal for people with
disabilities by a dog and recognize that stronger penalties
should be assessed for this violation.
Alderperson Sams stated that the matter will be placed on the
Community Issues Committee agenda for discussion in March.
Board of Public Works
Commissioner Reeves reported to the Council on the following
actions taken by the Board of Public Works in January 1996:
The Board passed a resolution to establish a Traffic Subcommittee
to review all requests. This Subcommittee will consist of the
Commissioner for Traffic Issues, the Commissioner for Parking
Issues, the Board Liaison to the Bicycle Advisory Council,
Chairperson of the Task Force on Traffic Issues and the Traffic
Systems Engineer. This Subcommittee will make recommendations to
the Traffic Systems Engineer on requests which do not require
Board approval. They'll make recommendations to the Board on
requests which do require Board approval and will traffic
management proposals of its own before the Board.
The Board passed a resolution regarding the environmental impact
of modifications to the Ithaca Area Wastewater Treatment Facility
for increased capacity. The proposed action is a Type I action
under State Environmental Quality Review Act. The Board is Lead
Agency and determine that the proposed action will not have a
significant affect on the environment. The determination was
based on a Stearns and Wheler study completed in 1995.
The Board re-elected Commissioner Carol Reeves as Vice-Chair for
the year 1996.
The Board passed a resolution to increase the transit fares,
effective February 1, 1996.
Under Budget and Administration Committee, Agenda Item 3, there
is a request to establish a capital project for flashing yellow
school zone lights on West Court Street between North Albany and
North Plain Streets. The Board passed that resolution in January.
The Board is currently working on traffic issues and they are
also in an in depth discussion about the Engineering Office Work
Program. Currently there are approximately 32 capital projects on
the list and there is only enough staff time to complete a third
of those capital projects. The Board is in the process of
prioritizing the items and they would like to be able to report
to the Budget and Administration Committee in March on their
recommendations. In the process of the discussions, the Board
discussed the Disability Advisory Council and its need to have
certain items accomplished. Assistant Superintendent Ferrel is
aware of the things that need to be done and the Board is
currently asking that a break down be made of all of these
capital projects into three separate categories. The categories
are health and safety issues, items that would cost a lot more
money if we put them off and did them at a later date, and the
third category is items that are already under contract.
February 7, 1996
REPORT OF THE CITY ATTORNEY:
Request for Executive Session
City Attorney Geldenhuys requested an Executive Session at the
end of the meeting to give a detailed update to Council on
pending litigation.
Litigations
Sage Hall/Cornell University
City Attorney Geldenhuys reported that in regard to the Sage Hall
litigation, there is a motion scheduled for February 9 in
Cortland in front of Judge Rumsey. The Heritage Coalition and
individual petitioners have obtained an order halting all further
construction on Sage Hall pending the argument.
Wal-Mart
City Attorney Geldenhuys reported that the Wal-Mart argument was
postponed at the request of the developer's counsel. The argument
for that motion will now be on February 16 in front of Judge
Relihan in Ithaca.
Time Warner Cable
City Attorney Geldenhuys noted that Council should have received
a memorandum today regarding Time Warner Cable. She stated that
there is a "Social Contract" between Time Warner Cable and the
FCC and there has been a great deal of dissatisfaction with the
"Social Contract" from the Ithaca Cable Commission and many other
communities around the country. She stated that the New York City
Cable Commission is suing the FCC claiming that it followed
incorrect procedures in entering into this "Social Contract."
City Attorney Geldenhuys stated that the reason this is before
Council is to consider a request that we join in this litigation
against FCC.
Discussion followed on the floor.
Alderperson Shenk suggested that this matter be held over to the
Common Council meeting on February 14.
Referendum Issue
City Attorney Geldenhuys invited Council members to discuss the
matter of referendum with her. She stated that from the
Attorneys' perspective, it is an issue that they are concerned
about as Attorneys for the City since they have discovered now
that there are laws on the books that are not valid as passed and
they want to address that issue with all due speed and correct
that situation.
She stated that this matter will be discussed at upcoming Law and
Governance Committee meetings. She said that the process is
taking the current City Code, looking at all sections that have
to do with functions performed by any elected official, whether
it be Common Council or the Mayor and then tracing that section
back through the various incarnations of the Code. This is a
process that will take time but it is being worked on. The
Attorneys' priority is to get Council members the information so
that they will know which ordinances and local laws need to be
addressed.
February 7, 1996
City Attorney Geldenhuys stated that the opinion they have
rendered is based on judicial interpretations. The judiciary has
already ruled on the referendum issue. There were instances where
one side or the other in a situation like this took it to the
courts to ask them if this is the kind of situation that was
intended in this statute. There is a body of case law and a long
list of precedents where the courts have already had the
opportunity to look at this statute and give an opinion of what
it means. The City Attorney's opinion is based on all those case
law precedents. She stated that if either the State's statute or
the existing case law was unclear or contradictory, it would be
necessary to go to the courts and get some clarification. The
existing case law, in the Attorney's opinion, is clear enough
that this is not necessary.
City Attorney Geldenhuys noted that she had requested an Attorney
General's advisory opinion on this matter. The Attorney's Office
has received a verbal response that the Attorney General agrees
with the City Attorney's interpretation. A written opinionis
forthcoming. However, unfortunately, it does take time to get a
written opinion.
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Finance/Controller - Request Approval of 1994 Single Audit
By Alderperson Shenk: Seconded by Alderperson Efroymson
RESOLVED, That the Single Audit Report for the period of January
1, 1994 through December 31, 1994, prepared by the accounting
firm of Ciaschi, Dietershagen, Little and Mickelson, C.P.A.'s, be
accepted to comply with all the City's applicable Federal Single
Audit and related Audit Requirements.
Carried Unanimously
* 16.2 Council - Request to Release Funds for IPAC Funding
By Alderperson Shenk: Seconded by Alderperson Sams
WHEREAS, the 1996 City of Ithaca Budget included $12,000 for
Ithaca Performing Arts Center (IPAC), and
WHEREAS, at their regular Council meeting of January 3, 1996,
Council transferred the IPAC funding into the Restricted
Contingency account to be released when IPAC submitted an
acceptable plan of repayment to the City of Ithaca for all debts
outstanding, and
WHEREAS, IPAC has met with the Budget and Administration
Committee and City staff and has submitted an acceptable
repayment plan for the repayment of the outstanding debt; now,
therefore, be it
RESOLVED, That the Common Council approves the following
repayment plan from IPAC for the outstanding real estate taxes,
outstanding water bills and outstanding fees to the Ithaca Fire
Department:
1. The City will deduct $3,016.96 from the $12,000 in
Restricted Contingency funding which represents the payments for
the Fire Department bill of $1,287.00 and the water bill from
February 7, 1996
6/1/95-12/1/95 of $1,729.96. These funds will be transferred from
the Restricted Contingency account to the appropriate accounts
for repayment of said bills.
2. The City will deduct $1,000 from the $12,000 funding and
establish a tax escrow account to repay the outstanding
City/School taxes, penalties and interest.
3. The City will release $7,983.04 from the Restricted
Contingency Account A1990 which represents the balance of funding
to IPAC for 1996.
4. Beginning with March 15, 1996, and on or before the 15th
day of each month thereafter, IPAC will deposit $650.00 into the
City of Ithaca's established tax escrow account. The funds will
be accumulated in the escrow account to repay outstanding tax
bills, and related interest and penalties.
5. If IPAC has additional funds available, beyond the
$650.00 per month, the funds will also be deposited to the
established escrow account for repayment of outstanding taxes and
related interest and penalties.
6. The $650.00 monthly escrow payment will be re-negotiated
before the end of 1996, and annually thereafter, to establish
1997 monthly payments to the escrow account. Increasing monthly
tax escrow payments made by IPAC to the City will be anticipated.
7. Quarterly reports or as needed, made by the Controllers
Office, will be made to Council on the status of the IPAC
repayment plan.
8. Current and future water, sewer, fire and tax bills will
be paid on a timely basis by IPAC,
and be it further
RESOLVED, That the IPAC repayment plan will be reviewed and re-
negotiated, if necessary, based on the determination of IPAC's
tax exempt status by May 1996.
Alderperson Shenk explained the resolution. She stated that IPAC
has applied for tax exempt status.
Alderperson Johnson asked what happens if IPAC does not
contribute $650.00 per month to the escrow account.
City Controller Cafferillo responded that the majority of the
monies owed the City are in the form of tax sales certificates,
tax liens. They are enforceable when they run their course. After
approximately three to four years, the City could foreclose at
that point in time if they were not paid off. Interest accrues on
a monthly basis so even during the time when $650.00 per month is
February 7, 1996
being paid, that money will remain in the escrow account. Any
interest earned will accrue to IPAC's credit but we can only pay
taxes when the full amount of one of the tax liens has been
accumulated.
Alderperson Efroymson stated that the City Attorney has informed
him that he is permitted to partake in the discussion regarding
IPAC also to vote.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.3 DPW - Request to Establish Capital Project for Flashing
Yellow Lights on West Court Street
By Alderperson Shenk: Seconded by Alderperson Marcham
WHEREAS, the 300 block of West Court Street is adjacent to
Immaculate Conception School, BJM Elementary School, the GIAC,
and many other recreation facilities, including the Haley Pool,
basketball courts and playgrounds, and
WHEREAS, the installation of flashing yellow lights on this block
has been requested to slow traffic and reduce hazards to the
unusually large number of child pedestrians, and
WHEREAS, the Traffic Systems Engineer, Board of Public Works, and
the Budget and Administration Committee have reviewed the
request, and
WHEREAS, the estimated cost for said traffic control device is
$9,000; now, therefore, be it
RESOLVED, That Capital Project #330 be established in an amount
not to exceed $9,000 for purchase and installation of yellow
flashing lights on West Court Street between North Plain and
North Albany Streets, and be it further
RESOLVED, That said funds will be derived and transferred to the
Capital Fund from the Consolidated and Local Street and Highway
Improvement Program account.
Discussion followed on the floor.
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Hanna
RESOLVED, That a third Resolved clause be added to the resolution
to read as follows:
"RESOLVED, That the Department of Public Works be directed to do
pre- and post-installation studies to determine the lights'
effectiveness, that study to be completed and reported on at
Common Council's October 2, 1996 meeting."
Superintendent Gray responded to questions from Council members.
Discussion followed on the floor on the amending resolution.
A vote on the amending resolution resulted as follows:
February 7, 1996
Carried Unanimously
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Recess
Common Council recessed at 9:05 p.m. and reconvened at 9:20 p.m.
* 16.4 Fire Department - Request to Temporarily Amend Personnel
Roster
By Alderperson Shenk: Seconded by Alderperson Efroymson
WHEREAS, the Ithaca Fire Department has requested, and been
approved by the Vacancy Review Committee, to hire two
firefighters to replace two retiring firefighters, and
WHEREAS, the Fire Department is requesting that the two
additional firefighters be hired two weeks prior to the
retirements be begin the lengthy training process early to
alleviate spring and summer staffing shortages, and
WHEREAS, the Fire Department will have funds within their 1996
budget to accomplish said early hiring due to an open roster
position; now, therefore, be it
RESOLVED, That the 1996 Authorized Fire Department Personnel
Roster be temporarily amended as follows:
Add: Two (2) full time firefighter positions
and be it further
RESOLVED, That said temporary firefighter positions will be
deleted from the Authorized Personnel Roster upon the retirement
of the two existing firefighters on February 28, 1996.
Carried Unanimously
* 16.5 Finance/Controller - Request Delegation of Authority on
Bond Issuance
By Alderperson Shenk: Seconded by Alderperson Johnson
RESOLUTION DATED FEBRUARY 6, 1996.
A RESOLUTION DELEGATING TO THE CITY CONTROLLER OF THE CITY OF
ITHACA, TOMPKINS COUNTY, NEW YORK, POWER AND AUTHORITY TO
DETERMINE WHETHER BONDS OF SAID CITY SHALL BE PAYABLE IN A
SUBSTANTIALLY LEVEL OR DECLINING ANNUAL DEBT SERVICE MANNER AND
OTHER MATTERS RELATING THERETO.
WHEREAS, the Local Finance Law of the State of New York provides
that a legislative body of the City may delegate to the chief
fiscal officer of said City, certain powers of said legislative
body with respect to the issuance of obligations of said City,
and
WHEREAS, the Common Council of the City of Ithaca, Tompkins
County, New York, (the "City") has previously delegated to the
February 7, 1996
City Controller of said City as the chief fiscal officer on
January 2, 1991, February 6, 1991, March 6, 1991, June 5, 1991,
February 5, 1992, April 1, 1992, July 1, 1992, January 5, 1994
and June 1, 1994 certain powers with respect to the issuance of
obligations authorized on said dates which could be so delegated
pursuant to the provisions of the Local Finance Law, and
WHEREAS, on June 20, 1994, the Governor of the State signed into
law Chapter 201 of the Laws of 1994 which, among other things,
authorizes a legislative body to determine to provide for
substantially level or declining annual debt service on bonds and
bond anticipation notes of a City as an alternative to providing
that such bonds and bond anticipation notes be amortized in
accordance with the so-called fifty per cent rule, and
WHEREAS, said Chapter authorizes the finance board of a City,
being the Common Council of this City, to delegate such
determination, together with certain other determinations therein
provided, to the chief fiscal officer, and
WHEREAS, it is now desired to delegate to the City Controller of
the City of Ithaca, as chief fiscal officer of the City, power to
make all such determinations; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. Pursuant to the provisions of paragraph a of Section
56.00 of the Local Finance Law, the power to determine whether to
issue bonds and bond anticipation notes having substantially
level or declining annual debt service, as provided in paragraph
d of Section 21.00 of the Local Finance Law, is hereby delegated
to the City Controller of the City of Ithaca, Tompkins County,
New York, the chief fiscal officer of said City, for the
following authorizations:
Authorization
Date
Project Description Serial Bond
Authorization
Amount
1/2/91 Acquisition of a Building and
the Site thereof and the
Reconstruction of said building
for the provision of Day Care
Services
$237,500
2/6/91 Various Capital Projects and
Improvements
$2,847,720
3/6/91 Additional Costs of Various
Capital Improvements
$233,155
6/5/91 Additional Costs of the
Construction of a new Court
Facility/Reconstruction of
Existing Facility
$570,000
2/5/92 Various Capital Projects and
Improvements
$3,500,000
4/1/92 Various Capital Projects and
Improvements
$196,000
February 7, 1996
4/1/92 Reconstruction of the North
Cayuga Street Bridge over
Cascadilla Creek
$50,000
4/1/92 Additional Costs of
Construction of GIAC Pool
$100,000
7/1/92 Additional Costs of Various
Capital Improvements
$601,577
1/5/94 Various Objects or Purposes $1,713,125
6/1/94 Certain Objects or Purposes
(Day Care Facility and Fiber
Optic Line)
$202,000
All other matters relating to such bonds and bond anticipation
notes to be issued by said City and having substantially level or
declining annual debt service, including, but not limited to, the
power to determine the weighted average period of probable
usefulness of the objects or purposes to be included in such
bonds or bond anticipation notes, the maximum authorized period
or maturity of indebtedness of such objects or purposes to be
actually sold, the estimated average rate of interest at which
fixed interest rate bonds of the same maturities would be sold if
such bonds were to be issued with a variable rate of interest,
pursuant to Section 54.90 of the Local Finance Law, whether
interest on such bonds shall be compounded and payable at
maturity or prior redemption, whether such bonds shall be issued
as serial bonds, as sinking fund bonds, as term bonds, or any
combination thereof, and all other matters which may be delegated
pursuant to such Section, is hereby delegated to the City
Controller of the City of Ithaca, Tompkins County, New York, the
chief fiscal officer.
Section 2. This resolution shall take effect immediately.
A roll call vote on the foregoing resolution resulted as follows:
Johnson Aye Efroymson Aye
Thorpe Aye Shenk Aye
Sams Aye Hanna Aye
Blumenthal Aye Gray Aye
Mackesey Aye Marcham Aye
Ayes (10)
Nays (0)
Carried Unanimously
* 16.6 Mayor/Personnel - Request Payment of Daycare Expenses
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, it has been and is the policy of the City of Ithaca not
to permit temporary employees to participate in the City benefit
programs, including Day Care Assistance Program, and
February 7, 1996
WHEREAS, on July 12, 1995, at the City's request, Lisa Boyd began
working for the City of Ithaca as temporary Administrative
Assistant in the Mayor's Office while Theresa Alt maintained the
permanent rostered position of Administrative Assistant until
July 21, 1995, and
WHEREAS, Lisa Boyd was not authorized by Council as a permanent
employee until July 21, 1995, and
WHEREAS, she incurred two weeks of daycare costs, for the period
July 12, 1995 to July 21, 1995, which under the City Daycare
Program would equate to $120., and
WHEREAS, she requested the reimbursement for daycare through the
City Daycare Program and was told that because of her temporary
roster status for that period she would be denied, and
WHEREAS, this Common Council determines that due to the unique
specific facts of this situation, it would be fair and equitable
to make an exception to the aforesaid City policy and to allow
Lisa Boyd to submit and receive the daycare reimbursement of
$120.; now, therefore, be it
RESOLVED, That this Council reaffirms the aforesaid City policy,
makes an exception to that policy in the particular case
involving Lisa Boyd, which exception shall not establish a
precedent respecting the future implementation of such policy and
authorizes the payment of $120. in daycare costs for the period
of July 12, 1995 to July 21, 1995 to Lisa Boyd and further
directs appropriate City personnel to take all necessary actions
to effectuate the payment of daycare costs.
Carried Unanimously
* 16.7 An Ordinance Amending Section 157-13 Entitled "Animals" of
Chapter 157 Entitled "Commons" of the City of Ithaca Municipal
Code
By Alderperson Shenk: Seconded by Alderperson Thorpe
WHEREAS, the Code of the City of Ithaca currently does not
provide for transportation of animals by their owners to and from
premises on the Primary Commons, and
WHEREAS, this amendment is intended to apply only to
transportation of animals by tenants and owners of premises on
the Commons whose only access to their premises is from the
Primary Commons; now, therefore, be it
RESOLVED, That the Code of the City of Ithaca, New York, Section
157-13, shall be modified to read:
ORDINANCE NO. 96____
AN ORDINANCE AMENDING SECTION 157-13 ENTITLED "ANIMALS" OF
CHAPTER 157 ENTITLED "COMMONS" 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:
February 7, 1996
Section 1. That the current Section 157-13 entitled "Animals" of
Chapter 157 entitled "Commons" of the City of Ithaca Municipal
Code be deleted in its entirety and replaced with the following
new Section 157-13:
"No animals are allowed on the Primary Commons. This provision
does not apply to seeing eye dogs, service animals providing
assistance to handicapped people and police working dogs.
Owners or tenants of residential or commercial premises on the
Primary Commons, whose only access to their premises is from the
Primary Commons, may apply to the Commons Advisory Board for a
special permit. Such permit shall be conditional on compliance
with all City laws and ordinances pertaining to animals.
The permit shall allow tenants and owners of premises on the
Primary Commons to transport their animals to and from their
premises. Animals shall be leashed or transported in carriers.
The permit shall not be transferrable and shall be valid for the
duration of the owner's lease or ownership of premises on the
Commons or for a period of one year, whichever is shorter. The
permit shall be renewable annually upon application to the
Commons Advisory Board. The permit fee shall be twenty dollars
($20.00) per animal. No more than two permit shall be issued for
each residential or commercial unit."
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.
Discussion followed on the floor.
Deputy Police Chief Barnes spoke to Council in opposition to the
proposed ordinance and explained why the Police Department is
against animals on the Commons. He stated that if this ordinance
is passed, there is a definite need for large signs on the
Commons stating the rules and regulations.
A vote on the amended ordinance resulted as follows:
Ayes (8) - Shenk, Sams, Mackesey, Gray, Johnson, Marcham,
Efroymson, Thorpe
Nays (2) - Blumenthal, Hanna
Carried (8-2)
* 16.8 Personnel - Assignment of Salary Ranges for City Attorney
and City Prosecutor
This item was removed from the agenda.
February 7, 1996
Time Warner Cable
At this time Richard Entlich of the City Cable Commission
discussed extensively the possible City involvement in a lawsuit
against Time Warner. Council decided to discuss the issue further
at the continued meeting proposed for February
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 17.1 Resolution re. Opposition to Down-Sizing of the Department
of Environmental Conservation
By Alderperson Blumenthal: Seconded by Alderperson Hanna
WHEREAS, the Division of Regulatory Services, central office
section of the New York State Department of Environmental
Conservation (DEC) is that section of DEC which is responsible
for the implementation of the State Environmental Quality Review
Act (SEQRA) and for the monitoring of SEQRA for compliance with
the provisions of SEQRA as well as providing permit assistance to
local governments and overseeing the environmental review of
State Revolving Fund projects, and
WHEREAS, the Common Council of the City of Ithaca had earlier
been informed that the Regulatory Services central office of DEC
was to be downsized 54% (16 out of 30 positions) on February 14,
but have since learned that the February 14 downsizing will not
occur on that date, and
WHEREAS, the State budget which will be voted on or after April 1
recommends a total staff reduction of 185 positions from a base
of 4,026 positions for DEC statewide, which is 4.5% of the total
DEC positions, and
WHEREAS, the wording in the text of the DEC budget and the
allocations in the listing of figures and agency sections is so
general that the plan to disproportionately downsize Regulatory
Services central office staff by 54% on February 14 could still
be implemented after the budget is approved; now, therefore, be
it
RESOLVED, that Common Council does hereby strongly oppose the
possibility of any proportionately high reduction in the staff of
Regulatory Services central office which would seriously
undermine effective implementation of SEQRA and curtail the other
services that office provides to local government, and be it
further
RESOLVED, that Governor Pataki and DEC Commissioner Zagata be
informed by the Mayor, with covering letter, of the opposition of
the Common Council of the City of Ithaca to the possibility of
any disproportionate reduction in the staff of the Regulatory
Services central office section of DEC by sending them copies of
this resolution.
Carried Unanimously
* 17.2 Community Development Block Grant Program - Resolution
Authorizing the Re-programming of Up To $350,000 of 1992 and 1993
February 7, 1996
Community Development Block Grant Funds for INHS "Southside
Housing Rehabilitation Project"
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca received Community Development Block
Grant (CDBG) funds in 1992 for the West Inlet Housing Development
Project, and in 1993 for the Landmark Square Housing
Rehabilitation Project, and
WHEREAS, neither project could be implemented according to plan,
thus leaving $650,000 in funds to be allocated or "reprogrammed”
for other uses, and
WHEREAS, during the process of identifying projects for
reprogramming, a number of houses became vacant and boarded up in
the Southside Neighborhood, resulting in a request by the IURA to
INHS to develop a proposal to address deteriorating housing
conditions, and
WHEREAS, INHS responded with a proposal to use $350,000 in CDBG
funds for the purchase and renovation of the most distressed
houses in the neighborhood, with the houses to be sold to
qualified first time home buyers, and with the money obtained by
the sale of the houses to be used to continue the program into
the future, and
WHEREAS, the former Planning Committee of the Common Council gave
conceptual approval to the proposal in November, 1995, pending
public comments on the proposal,
WHEREAS, both the IURA and the Planning and Economic Development
Committee of the Common Council recommend to the Common Council
that the "Southside Housing Revitalization Project” be approved
as a reprogramming request to the U.S. Department of Housing and
Urban Development (HUD), subject to the public comment process,
be it
RESOLVED, That the Ithaca City Common Council approves this
project for submission to HUD, for up to $350,000 in
reprogramming funds, for final approval, and authorizes the Mayor
to sign all related documents.
Carried Unanimously
* 17.3 An Ordinance Amending Section 325-20 Entitled "Off-Street
Parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code
a. Declaration of No Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, an Ordinance amending Section 325-20 of the City of
Ithaca Municipal Code, regarding Off-Street Parking, 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
February 7, 1996
RESOLVED, That Common Council of the City of Ithaca 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 December 18, 1995, and be it further
RESOLVED, That Common Council of the City of Ithaca 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
* 17.3b An Ordinance Amending Section 325-20 Entitled "Off-Street
Parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code - Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That Ordinance 96-___ entitled "An Ordinance Amending
Section 325-20 Entitled "Off-Street Parking" of Chapter 325
Entitled "Zoning" of the City of Ithaca Municipal Code," 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, March 6, 1996, 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 15
(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.
Carried Unanimously
The Ordinance to be considered shall be as follows:
February 7, 1996
Proposed Revision of Section 325-20 Entitled "Off-Street Parking"
ORDINANCE 96__
An Ordinance Amending Section 325-20 Entitled "Off-Street
Parking" of Chapter 325 Entitled "Zoning" 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 the current Section 325-20 entitled "Off-Street
Parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code be deleted in its entirety and replaced with the
following new Section 325-20:
§ 325-20. Off-Street Parking.
A. Purpose and Intent. The intent of this section is to regulate
uniformly the development of off-street parking for both public
and private uses.
The following regulations are designed to provide adequate
parking and safe vehicle movements while minimizing any
detrimental effects to adjacent properties, to surrounding
neighborhoods and to the environment.
B. Applicability. Except as specified in Section 325-8, the
"District Regulations Chart," Section 325-20 shall, after the
effective date, govern the creation or expansion of all off-
street parking areas. The creation or expansion of certain larger
off-street parking areas is also subject to Site Development Plan
Review. (See Chapter 276 for the applicability of Site
Development Plan Review.) Section 325-20 shall also govern the
maintenance of all off-street parking areas.
C. General requirements.
(1) General standards for all off-street parking areas.
(a) Required maintenance. So long as they remain in use as such,
all parking areas and associated driveways and vehicle
maneuvering areas as well as any required screening, plantings
and drainage systems must be maintained to preserve their
intended function and to prevent nuisances or hazards to people,
surrounding properties and public ways. Acceptable surface
materials include crushed stone, brick concrete, asphalt or
similar materials. Any planting required by the provisions of
this section (such as planting for the purpose of screening or
shading) that dies, or in the opinion of the City Forester
becomes too unhealthy to serve its intended function, shall be
replaced at the earliest occurring suitable planting season by
healthy planting that satisfies the provisions of this section.
February 7, 1996
(b) No refuse or litter. All parking areas, including associated
driveways, vehicle maneuvering areas and interior or peripheral
planting areas, must be kept free of refuse or litter.
(c) Clear boundaries. All parking areas, including associated
driveways and vehicle maneuvering areas, shall have clearly-
defined boundaries. A clearly defined boundary shall mean, at a
minimum, the existence of a distinct edge to the material used to
pave the parking area, such that the yard area where parking is
permitted is clearly distinguished from the yard area where
parking is not permitted.
(d) Drainage. All newly constructed or enlarged parking areas,
including associated driveways and vehicle maneuvering areas,
shall have adequate provisions to prevent surface or runoff water
from draining to or across adjoining properties during, at a
minimum, a two-year (2 year) storm event. Storm water runoff
shall not be permitted to flow across any public sidewalk as a
method of delivering the runoff to a storm water facility. All
drainage systems in existing parking areas shall be maintained.
(e) Street permits. No curb cut, driveway entrance and/or
drainpipe in the street right-of-way shall be built unless a
street permit has first been obtained from the City Engineer.
(f) Combined curb cuts. Driveways on adjacent lots may be side by
side and should be combined whenever possible.
(g) City tree removal. There shall be no removal of any tree
located on City property unless approval has first been granted
by the City Forester.
(h) Certificates of Appropriateness. Any proposed parking
development in areas under the jurisdiction of the Ithaca
Landmarks Preservation Commission must obtain a Certificate of
Appropriateness from the Commission before a building permit can
be issued.
(i) Building permits required. In all zoning districts, no
parking area may be constructed, added to or altered (except for
routine repairs in kind or other minor alterations of an existing
parking area that do not change the parking area's size or
configuration) until a building permit therefor has been issued
by the Building Commissioner.
All such building permits shall be in accordance with this
chapter's requirements.
(2) Parking space size requirements.
(a) Parking space size requirements for parking areas with ten
(10) or fewer parking spaces.
February 7, 1996
[1] For such parking areas, a parking space shall have a minimum
dimension of eight (8) feet by eighteen (18) feet, exclusive of
passageways, maneuvering space and driveways appurtenant thereto
and giving access thereto. The edge of the parking space pavement
may be up to two (2) feet inside the outermost line of the
parking space where unobstructed vehicle overhang is available.
All parking spaces shall have adequate access.
(b) Parking space size requirements for parking areas with eleven
(11) or more parking spaces.
[1] Driveway aisles. In residential zoning districts, one way
driveway aisles shall have a minimum width of ten (10) feet. Two-
way driveway aisles shall have a minimum width of twenty (20)
feet and a maximum width of twenty-four (24) feet.
[2] Perpendicular parking. For parking perpendicular to the
driveway aisle, parking spaces shall be eight (8) feet six (6)
inches by eighteen (18) feet. The edge of the parking space
pavement may be up to two (2) feet inside the outermost line of
the parking space where unobstructed vehicle overhang is
available.
[3] Parallel parking. For parking parallel to the driveway aisle,
parking spaces shall be eight (8) feet six (6) inches by twenty
(20) feet.
[4] Angle parking. For angle parking, a standard parking space
shall have a minimum area of two hundred fifty five (255) square
feet, the length of which shall be measured, at the same angle of
parking, from the center of the outermost edge of the parking
space to the center line of the driveway aisle giving access to
the parking space. The edge of the parking space pavement may be
up to two (2) feet inside the outermost line of the parking space
where unobstructed vehicle overhang is available. (See
illustration below.)
[Note: A finished drawing based on this rough sketch would go in
the Code book]
(c) Possible variation from above standards under Site
Development Plan Review. The Planning and Development Board may,
at its discretion, allow parking space sizes that vary from the
above standards in those instances where Chapter 276, Site
Development Plan Review, applies.
(d) Parking for people with disabilities. For parking for people
with disabilities the combined width of parking and loading aisle
shall be in compliance with the New York State Uniform Fire
Prevention and Building Code.
(3) Access requirements.
February 7, 1996
(a) Maximum driveway grades. Driveways to areas containing
parking spaces for four (4) or more vehicles shall be graded to
form a street entry with a maximum grade of eight (8) percent for
a distance of twenty five (25) feet from the curb line. (See
illustration below.)
[A new drawing reflecting the revised standards will be prepared]
(b) Clear access. All parking spaces shall have access to the
street, and access drives to parking areas for four or more cars
shall be kept clear and open to the street at all times.
(4) Location requirements.
(a) All parking spaces provided pursuant to this section shall be
on the same lot as the building, use or activity that they serve,
except that off-street parking applicable to the amounts
specified by this chapter of the Code may be provided on one or
more lots other than that on which the building, use or activity
is located, provided that all of the following conditions are
met:
[1] Off-site parking for non-residential uses, except retail
uses, may be provided within seven hundred fifty (750) feet along
public pedestrian thoroughfares, measured from property line to
property line.
[2] Off-site parking for residential uses may be provided within
one thousand (1000) feet along public pedestrian thoroughfares,
measured from property line to property line.
[3] Off-site parking for retail uses may be provided within two
hundred fifty (250) feet along public thoroughfares measured from
property line to property line.
[4] All off-site parking areas must be located in a zoning
district in which the building, use or activity that the off-site
parking is intended to serve is a permitted use.
[5] All land which is used to provide off-site parking must be
restricted to that use only, for as long as the building is
occupied by the use which requires off street parking or until
substitute parking, approved by the Building Commissioner, is
provided. Evidence of such off-site parking shall be provided in
the form of a recorded covenant, long-term lease or comparable
document that is approved by the Building Commissioner.
(5) Number of parking spaces required.
(a) Parking spaces required for specific uses. Off street parking
spaces shall be provided and maintained in accordance with
section 325-20 (C) (1) by the property owner for each use or
building which is a newly established, erected, or enlarged after
February 7, 1996
the effective date of this ordinance [March 6, 1996], as
specified in the following chart:
Use1
Spaces Required2
Adult day-care home or group
adult day-care facility.
1 for client use, plus 1 per 2
supervisory staff or employees
not residing on the premises.
Cooperative household. 1 per 2 persons housed.
Dormitory. 1 per 4 persons housed.
Dwelling unit. 1 per 3 bedrooms or sleeping
rooms or part thereof, plus 1
per 2 additional bedrooms or
sleeping rooms or part thereof,
plus 1 per additional bedroom or
sleeping room in excess of 5
such rooms.
Fraternity, sorority or group
house.
1 per 2 persons housed.
Rooming or boarding house. 1 per 3 persons housed.
Auditorium or theater. 1 per 5 seats.
Bar, tavern or restaurant. 1 per 50 square feet of net
floor area of the assembly
space.
Bed-and-breakfast home or bed-
and-breakfast inn.
1 per guest room.1
Bowling alley. 2 per bowling lane.
Church, funeral home or
mortuary.
1 per 10 seating spaces.
Fitness center or health club. 1 per 5 persons allowed as
determined by the maximum
occupancy load.
Hospital or nursing or
convalescent home.
1 per 5 patient beds.
Hotel or motel. 1 per guest room.
Medical or dental office. 1 per 250 square feet of net
assignable floor area.
Nursery school, child day-care
center or private elementary or
secondary school.
1 per 2 employees plus 1 per 15
pupils enrolled.
Office or bank. 1 per 250 square feet of net
assignable floor area.
Retail store or neighborhood
commercial facility.
1 per 500 square feet of net
assignable floor area.
Wholesale or industry. 1 per 2 employees on maximum
work shift.
Boat launch. 8 per ramp.4
Boat storage or repair. 1 per 2 employees on maximum
shift.
Boatel. 1 per 2 sleeping rooms.
Marina. 1 per 4 berths.
Yacht club. 1 per 4 member families.
February 7, 1996
NOTES TO ABOVE CHART:
1 In the case of mixed use of a building or property, the space
requirements shall be computed for each use, and the total
requirements for all uses shall be provided in accordance with
this section.
2 See also the District Regulations Chart.
3 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.
4 Boat launching ramps shall maintain seventy five (75) percent
of their parking spaces at a size of ten by forty (10 x 40) feet
to accommodate boat trailers. Consult the New York State Parks
and Recreation Department on space requirements for maneuvering.
(b) Physical character of parking spaces. Each parking space
provided to satisfy the requirements of the above chart shall be
even-surfaced and internally unobstructed by structures, walls,
landscape elements or other obstructing features, except that low
curbs or wheel stops may be located within or adjoining a space
if they do not impede vehicular access to or egress from the
parking space.
(c) Counting of end to end parking spaces. When determining the
number of off-street parking spaces provided to fulfill the
number of off street parking spaces required for a use, no more
than one pair of end to end parking spaces shall be counted,
unless all spaces have adequate maneuvering space or direct
street access. This is not to prevent the use of a parking area
for more than a single pair of end to end parking spaces if
conditions warrant.
(d) Shared parking. In a case where two or more establishments on
the same lot, or on lots meeting the distance requirements found
in Section 325-20.C.(4)(a) of this section, have substantially
different operating times, the Building Commissioner (or, in the
case of a project subject to Site Development Plan Review, the
Planning and Development Board) may approve the joint use of
parking spaces, provided the Building Commissioner or the Board
finds that the intent of the requirements of Section 325-20 is
fulfilled by reason of variation in the probable time of maximum
use by patrons and employees among such establishments.
D. Parking in front yards.
February 7, 1996
(1) In all residential districts, all front yard parking within
fifteen (15) feet of the front property line is restricted to a
motor vehicle orientation that is within ten (10) degrees of
perpendicular to the street. (See illustration below.)
(2) In all residential districts, parking in the front yard of
lots which have a width at the street line of fifty (50) feet or
less shall be restricted to parking within a driveway that is
perpendicular to the street, or that is within ten (10) degrees
of perpendicular to the street. Such driveway shall not be more
than twelve (12) feet wide for the portion that passes through
the front yard. (See illustration below.)
(3) In all residential districts, parking in the front yard of
lots which have a width at the street line of more than fifty
(50) feet shall be restricted to an area not greater than twenty-
five (25) percent of the total area of the front yard, including
turnaround and other vehicle maneuvering areas and driveways
leading to garages and parking areas. (See illustration below.)
(4) On corner lots with more than one front yard as defined in
this Code, front yard parking according to the above provisions
shall only be permitted on one of the front yards.
(5) Where a parking area will use a front yard, the use of the
front yard for parking and associated maneuvering space shall not
exceed the amounts permitted by this section. Any permitted front
yard parking area shall have a clearly defined boundary as
required by Section 325-20.C.( 1 )(c), and the remainder of the
front yard shall be landscaped in keeping with the surrounding
neighborhood.
(6) When a parking area is established on a lot that does not
contain a building, an area equivalent to the front yard that
would be required if a building did stand on the site shall be
kept free of parking (except for an access drive to the parking
area). The area equivalent to the front yard that would be
required if a building did stand on the site shall be landscaped
in keeping with the surrounding neighborhood and shall be
separated and protected from the parking area by a suitable fence
or safe barrier. (See the more detailed screening requirements
described below for parking areas within residential zoning
districts.)
E. Within residential zoning districts, any construction or
enlargement of a parking area to contain four (4) or more cars:
(1) General requirements.
(a) Required permits. Plans for any new parking area for four (4)
or more cars on a lot within a residential zoning district—or
plans for the addition of one or more parking spaces to an
existing parking area within a residential zoning district, such
that the resulting parking area will park four (4) or more cars —
February 7, 1996
must be submitted to the Building Commissioner for the required
building permit. Proposed parking development in areas under the
jurisdiction of the Ithaca Landmarks Preservation Commission must
also obtain a Certificate of Appropriateness from the Commission
before a building permit can be issued. A street permit for a
driveway entrance and curb cut and/or drainpipe in the street
right-of-way shall be obtained from the City Engineer.
(b) Screening. The entire parking area, except entrances and
exits, shall be screened from public ways and adjacent
properties. Screening devices shall be at least four (4) feet
high, except where they are within ten (10) feet of the entrance
or exit. Screening may consist of hedge planting, walls, fences,
trellises, or a compatible combination or these elements.
Screening is not required where the parking area is screened from
the view of adjoining properties by buildings or other accessory
structures located on the same parcel as the parking area.
Similarly, screening is not required where buildings or accessory
structures without windows or other openings facing the parking
area or other such screening device exist on neighboring parcels
and effectively screen the parking area. However, upon removal of
said building, accessory structure or other such screening device
by the adjoining property owner, the required screening shall be
installed within one (1) year.
[1] Planting for the purpose of screening. Planting for the
purpose of screening shall reasonably be expected to form a year-
round dense screen at least four feet high within two years of
the initial planting. Planting areas shall be curbed or otherwise
protected from vehicle damage on the parking area sides, be at
least five (5) feet wide, and have a minimum three (3) foot deep
excavation prior to planting.
[2] Fences and walls for the purpose of screening. Fences for the
purpose of screening must be sufficiently opaque, whether alone
or in combination with planting or other design elements, to
function as an effective visual barrier. Walls for the purpose of
screening must be compatible in scale, texture and color with
surrounding structures.
(c) Access. The portion of access drives extending from the
street to the sidewalk, or to the property line if no sidewalk
exists, must be hard-surfaced with concrete, brick, asphalt or
other approved material, as required by the City Engineer. Drives
must be at least eight (8) feet wide, and have clear visibility
to the street. Any required screening must be so designed that it
shall not interfere with sight lines necessary for pedestrian and
driver safety.
(d) Drainage. Surface or runoff water must be collected and
transmitted or piped to the nearest storm sewer or, if a storm
sewer is not available, then through underground piping to the
street gutter, or provisions shall be made for storm water
retention or recharge. Storm water drainage systems, including
February 7, 1996
their connections to public storm water facilities, shall be in
accordance with this Code, and shall be subject to approval by
the City Engineer. The minimum size of any pipe installed to
deliver runoff to a storm sewer shall be twelve (12) inches in
diameter. When conditions warrant, the City Engineer may require
installation of a sump in the last structure in a parking area
runoff collection system prior to the delivery of storm water to
a public storm water facility. Installation, maintenance and
repair of any pipe delivering storm water to a public storm water
facility shall be the responsibility of the property owner. Such
installation, maintenance and repair within a public right-of-way
shall only be performed with the written permission of the City
Engineer.
(e) Surface. The surface of the parking area and that portion of
the access drive which is not in the public right-of-way shall
conform to generally accepted standards and shall at a minimum be
a maintainable surface which will support the sustained loads.
The surface shall be such as to minimize erosion and be graded to
prevent drainage of surface water from the parking area and
access drives onto adjacent properties, sidewalks or streets
under normal conditions. Acceptable surface materials include
crushed stone, brick, concrete, asphalt or similar materials.
(f) Maintenance. The landscaping or other elements used to comply
with Section 325-20.E. shall be maintained, replaced, or pruned
as required to fulfill this section's standards, including
provision of the required screening and compatibility with the
surrounding residential neighborhood.
(2) Compliance methods. Plans for parking areas for four (4) or
more cars within residential zoning districts must conform with
either the "Setback compliance method" or the "Landscaping
compliance method" described respectively in subparagraphs (a)
and (b)below. Such plans must also comply with all other general
and specific standards of Section 325 -20.
(a) Setback compliance method. Parking areas using the "setback
compliance method" shall conform to the following standards:
[1] Setbacks. The parking area shall be located a minimum
distance of five (5) feet from any side or rear interior lot
line. These setbacks shall not apply to any driveway up to twelve
(12) feet in width that provides access for vehicles.
[2] Maximum yard coverage. The parking area, excluding any
driveway up to twelve (12) feet in width that provides vehicle
access to a street, but including all other turn-around and
vehicle maneuvering areas associated with parking, shall not
cover more than fifty (50) percent of any side or rear yard.
(b) Landscaping compliance method. A plan for a parking area
using the "landscaping compliance method" shall be submitted to
the Planning and Development Board for review, unless the
proposed site is under the jurisdiction of the Ithaca Landmarks
February 7, 1996
Preservation Commission, in which case the plan shall be
submitted instead to the Commission for review. The Board may
designate a member of the Department of Planning and Development
to approve such a parking area on its behalf. The required
building permit shall not be issued until a plan approved by
either the Board, the Board's designee or the Commission, as
appropriate in each case, is on file in the Building Department.
The reviewing body may, at its discretion, approve a parking area
that covers more than fifty (50) percent of any side or rear
yard, if the reviewing body finds that mitigating factors such
as, but not limited to, the following exist:
[1] Natural land forms or tall vegetation provide significant
shielding of views toward the parking area from the street and/or
adjacent properties.
[2] The configuration of the parking area protects and preserves
existing healthy and mature vegetation, especially trees over
eight (8) inch DBH (diameter at breast height).
[3] One or more curbed and landscaped planting areas are provided
within the parking area. Any such interior planting area shall be
a minimum of eighty (80) square feet with no dimension being less
than eight (8) feet.
[4] The parking area will be substantially shaded by existing
woodland or canopy trees, or the parking area plans call for the
planting of trees of a species that, at maturity, will provide
canopy shading. Trees currently or prospectively providing such
shade may be located around the periphery of the parking area or
in interior planting areas. Any such interior planting area
accommodating such canopy trees shall be a minimum of eighty (80)
square feet with no dimension being less than eight (8) feet.
Such interior planting areas shall be curbed and have a minimum
three (3) foot deep excavation prior to planting.
[5] All property owners using the landscaping compliance method
must notify surrounding property owners by placing a notice in
the form prescribed by the Planning and Development Board at the
project site.
F. Parking areas on lots in non-residential zoning districts.
Plans shall be submitted for any employee, customer and/or public
parking area on a lot in a nonresidential zoning district, or for
a residential parking area for four (4) or more cars on a lot in
a non-residential zoning district, for the required building
permit. The plans shall conform to the following regulations and
standards, in addition to all other applicable portions of
Section 325-20:
(1) Access. The portion of access drives extending from the
street to the sidewalk, or to the property line if no sidewalk
exists, must be hard-surfaced with concrete, brick, asphalt or
other approved material as required by the City Engineer. Drives
February 7, 1996
must be at least ten (10) feet wide, and have clear visibility to
the street. Edges of access drives shall be readily visible, and
divisions between lanes on multi-lane access drives shall be
marked.
(2) Required front yard. Front yards shall conform to the
requirements of the district in which the parking lot is located.
(3) Drainage. Runoff water must be collected and transmitted or
piped to the nearest storm sewer or, if a storm sewer is not
available, then through underground piping to the street gutter,
or provisions shall be made for storm water retention or
recharge. Storm water drainage systems, including their
connections to public storm water facilities, shall be in
accordance with this Code, and shall be subject to approval by
the City Engineer. The minimum size of any pipe installed to
deliver runoff to a storm sewer shall be twelve (12) inches in
diameter. When conditions warrant, the City Engineer may require
installation of a sump in the last structure in a parking area
runoff collection system prior to the delivery of storm water to
a public storm water facility. Installation, maintenance and
repair of any pipe delivering storm water to a public storm water
facility shall be the responsibility of the property owner. Such
installation, maintenance and repair within a public right-of-way
shall only be performed with the written permission of the City
Engineer.
(4) Surface. The surface of the parking area and that portion of
the access drive which is not in the public right-of-way shall
conform to generally accepted standards and shall at a minimum be
a maintainable surface which will support the sustained loads.
The surface shall be such as to minimize erosion and be graded to
prevent drainage of surface water from the parking area and
access drives onto adjacent properties, sidewalks or streets
under normal conditions. Acceptable surface materials include
crushed stone, brick, concrete, asphalt or similar materials.
(5) Parking areas on non-residential zoning district lots when
such lots are contiguous to residential zoning district lots. A
parking area on a nonresidential zoning district lot when such
lot is contiguous to a residential zoning district lot shall be
screened from the residential zoning district lot by a solid
fence or wall at least six (6) feet high, except within ten (10)
feet of the parking area's entrance or exit. Such fence or wall
shall be protected by wheel stops that prevent cars from damaging
the fence or wall. Such screening is not required where the
parking area is screened from the view of the adjoining
residential property by a building or other accessory structure
located on the same parcel as the parking area. Similarly, such
screening is not required where a building or accessory structure
without windows or other openings facing the parking area or
other such screening device exist on neighboring parcels and
effectively screen the parking area.
February 7, 1996
However, upon removal of said building, accessory structure or
other such screening device by the adjoining property owner, the
required screening shall be installed within one (1) year.
Section 2. Current Municipal Code Section 325-39, entitled
"Neighborhood and private parking area permits," shall be deleted
in its entirety, and current Sections 325-40 through 325-48 shall
be renumbered respectively as Sections 325-39 through 325-47.
Section 3. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
* 17.4a 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
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That Ordinance 96-___ 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, March 6, 1996, 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 15
(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.
Carried Unanimously
The Ordinance to be considered shall be as follows:
Proposed Revision of Sections 1-1, 325-23, 325-47 and 331-4 of
the City of Ithaca Municipal Code
ORDINANCE 96___
An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of
the City of Ithaca Municipal Code, Regarding Exterior Property
Maintenance.
February 7, 1996
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 all properties within the City.
This ordinance is intended to help provide stable and attractive
neighborhoods as well as neat and inviting business and
commercial districts, and to promote public 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 ensure that
property owners and to a limited extent, tenants and occupants,]
perform such repair and maintenance of properties that will
prevent deficiencies in exterior property maintenance from
becoming an attractive nuisance to children, trespassers,
insects, vermin and animals.
The adoption and enforcement of this subsection is intended to
serve as a deterrence to substandard exterior property
maintenance and as a tool for protecting 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 yard trimmings, vegetable
wastes and other organic matter saved for the purpose of natural
transformation into "compost" and stored in a container or
compact pile that (1) contains no sewage, sludge or septage; (2)
contains no inorganic materials, such as metal, plastic or glass;
and (3) is maintained in a manner to minimize odors and the
attraction of insect and animal pests.
[2] GARBAGE shall mean food wastes, food wrappers, containers,
non-recyclables or other materials resulting from the use,
consumption, and preparation of food or drink, as well as other
expended, used or discarded materials, such as paper, plastic,
metal, rags, or glass, etc., or any other wastes generated from
the day-to-day activities of a household, business, or public or
quasi-public facility. The term garbage does not include properly
prepared and stored recyclable materials or properly maintained
compost areas.
February 7, 1996
[3] The terms GROUNDS and EXTERIOR PROPERTY shall mean any area
of a building or lot, excluding PORCH AREAS, not enclosed within
the walls of a building. These terms include any public rights-
of-way which pass through or are adjacent to a property,
including the sidewalk and any area between the sidewalk, if
there is one, and the street pavement.
[4] The term PORCH AREA shall include any open and/or partially
enclosed porches or decks, as well as any entranceways or
exitways which are in the PUBLIC VIEW.
[5] The term PUBLIC VIEW shall mean areas of any property that
are visible by pedestrian or vehicular traffic in the public
right-of-way or visible from adjoining properties or properties
within 100 feet of the subject property.
[6] 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 discard or
rejection, including but not limited to 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, discarded household and commercial
appliances, and discarded furniture. An object shall be presumed
to be discarded or rejected solid waste when the object is
stored, placed or left on the grounds or exterior of the property
in the view of neighbors or passersby under circumstances which
meet any of the following criteria:
[a] The object produces an offensive smell;
[b] The object is of a type designed for interior use or
made of materials which are suitable only for interior use
and the object is left outside and exposed to precipitation;
[c] The object has reached a degree of dilapidation or
disrepair that can reasonably be presumed to render the
material unsuitable for or incapable of being used for its
original intended purpose or some other reasonable purpose;
[d] The object is left, placed or stored in a manner which
appears likely to cause injuries.
(c) Standards for Grounds and Exterior Property.
It shall be the duty and responsibility of all owners of property
in the City of Ithaca to ensure:
[1] that all grounds and exterior property are kept clean and
free of solid waste.
[2] that all garbage, when placed outside, is stored and
completely contained in durable, nonabsorbent, water-tight
containers having a tight-fitting lid in place. Plastic bags are
not considered durable containers. Composting materials, so long
February 7, 1996
as they are maintained as defined by this section, shall not be
considered garbage.
[3] that solid waste, other than garbage stored in proper
containers described above, is not stored in the public view,
except that construction and demolition debris related to an
ongoing construction project with a valid building permit may not
be stored in the public view for more than thirty (30) days.
[4] that, within all residential zoning districts, unlicensed
motor vehicles are not stored in a front yard in the public view,
unless there is no side or rear yard. Within all residential
zoning districts no more than one (1) unlicensed motor vehicle
may be stored in the public view in a side or a rear yard. If
there is no side or rear yard, one motor vehicle may be stored in
the front yard in compliance with Section 325-20.
[5] that grass, weeds or other vegetation on grounds and exterior
property are to be maintained by property owners, with the height
of vegetation limited to nine (9) inches, except for trees,
bushes and vegetation planted, maintained or kept for some
ornamental or other useful purpose.than 9". This rule shall not
apply to areas that are already wooded or grown with brushwood.
[6] that the area along public rights-of-way adjacent to or on
the property, including but not limited to the area between the
front property line or sidewalk and the curb or street pavement,
is maintained in a reasonably clean and sanitary condition free
of garbage and/or 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. The planting of trees or shrubs, in these
sidewalk areas shall not be permitted without the approval of the
Superintendent of Public Works. 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] that trees, shrubs or other vegetation are pruned such that
they will not obstruct the passage of pedestrians on sidewalks.
The maintenance of City trees, including trees between the
sidewalk and curb, must be left to the Department of Public
Works.
[8] that fences and walls are maintained in a safe and
structurally sound condition.
[9] that 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] that 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 cuts shall be cleared of
February 7, 1996
such obstructions within twenty four (24) hours of when the
obstruction initially occurs. For properties that abut the
intersection of two (2) streets, the sidewalks that must be kept
substantially clear of snow, ice and other obstructions shall
include that portion of the sidewalk which runs to the curbline
of any street and shall include any access ramps therein. (See
Section 285-5.) The obstruction of sidewalks and access ramps is
presumed to have commenced concurrently with the beginning of any
snow or ice fall or storm.
(d) Standards for Porch Areas.
It shall be the duty and responsibility of all owners of property
in the City of Ithaca to ensure:
[1] That porch areas are kept free of garbage, unless stored and
completely contained in durable, nonabsorbent, water-tight
containers having a tight-fitting lid in place. Plastic bags are
not considered durable containers.
[2] That construction and demolition debris be located on porch
areas for no longer than thirty (30) days.
(e) Responsibilities of agents and/or tenants or occupants.
[1] The responsibilities outlined in Section 325-23.B.(2)(c) may
be delegated to a registered agent by the property owner, so long
as at the time of any violation of this ordinance, 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 owner's and agent's addresses and current phone
numbers, 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, along
with each party's date of birth. The agent must be a resident of
or maintain an office for the transaction of business in Tompkins
County. Post office boxes will not be accepted as addresses for
agents.
[2] The tenant(s) or occupant(s) 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 tenant(s) that
the tenant(s) will perform clearly-listed types of property
maintenance. The lease or agreement must identify the standards
or sections of the municipal Code for which the tenant(s)
has/have agreed to assume responsibility. The beginning and
ending date of the agreement must be stated, as well as the
tenant's or tenants' name(s) and address(es) and phone numbers,
if any, and the agreement must be signed by the tenant(s) and
February 7, 1996
property owner. Provided that all of the above criteria have been
met, and the tenant(s) are within the jurisdiction of the Ithaca
City Court, the Building Commissioner may thereafter charge any
tenant or occupant for violations of the standards outlined in
Section 325-23.B.(2)(c) or (d) which occurred during the tenant's
or tenants' possession or occupancy of the property.
Notwithstanding any decision holding a tenant liable under this
subdivision, a landlord may still be held liable."
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, and, where relevant, the registered agent or tenant who
has assumed responsibility as outlined in Section 325-23.B (2)(e)
of this Code, in writing, of any violation of this section."
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) nor less
than twenty dollars ($20) for a first offense at the same
property; not more than sixty dollars ($60) nor less than thirty
dollars ($30) for a second offense at the same property; and not
more than one hundred dollars ($100.) nor less than fifty dollars
($50) for a third offense at the same property, 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
February 7, 1996
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 out door 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, but shall expire on March 6, 1997.
Discussion followed on the floor.
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Hanna
RESOLVED, That section 2(c)[5] which reads as follows: "[5] that
grass, weeds, or other vegetation on grounds and exterior
property are to be maintained by property owners, with the height
of vegetation limited to nine (9) inches, except for trees,
bushes and vegetation planted, maintained or kept for some
ornamental or other useful purpose. This rule shall not apply to
areas that are already wooded or grown with brushwood." be
deleted from the ordinance.
Discussion followed on the floor on the Amending Resolution.
A vote on the Amending Resolution resulted as follows:
Ayes (2) - Mackesey, Hanna
Nays (8) - Marcham, Thorpe, Shenk, Sams, Gray, Efroymson,
Johnson, Blumenthal
Motion Fails (2-8)
Further discussion followed on the proposed ordinance.
February 7, 1996
*17.5 Municipal Home Rule Request for State Statute Allowing a
Residential Parking Permit System in Residential Neighborhoods
Surrounding Cornell University
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, a lack of parking for residents of certain areas of the
City of Ithaca in the County of Tompkins has resulted in traffic
hazards, congestion and air and noise pollution and the
diminution of green space and trees and shrubs, and
WHEREAS, such lack of parking poses a hazard to residents and
other pedestrians in such area, and,
WHEREAS, a residential parking system has been demonstrated in
other municipalities with similar conditions to reduce such
hazards and pollution levels, and
WHEREAS, one of the primary causes for such lack of parking is
the influx of students, staff and faculty commuting to Cornell
University who park in certain residential portions of the City
instead of in available parking lots on the Cornell University
Campus, and
WHEREAS, Cornell University has on-campus parking to accommodate
commuting students, staff and faculty on a daily basis, and
WHEREAS, Cornell University has a demand management
transportation program designed to accommodate the on-campus and
commuting transportation needs of students, staff and faculty,
and
WHEREAS, Cornell University supports the City of Ithaca’s need
for and request for a residential parking permit system in
certain residential areas which adjoin the campus; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca requests
that the state legislature amend the state Vehicle and Traffic
Law by adding a new Section 1640-E to read as follows:
"§1640-E. Residential Parking System in the City of Ithaca
1. Notwithstanding the provisions of any law to the contrary, the
Common Council of the City of Ithaca may, by adoption of a local
law or ordinance, provide for a residential parking permit system
and fix and require the payment of fees applicable to parking
within the area in which such parking system is in effect in
accordance with the provisions of this section.
2. Such residential parking permit system may only be established
within the area of the City consisting of the following roadways:
A. East State Street from Cornell Street to Giles Street;
B. Giles Street to Water Street;
C. Water Street to Treva Avenue, including all of Treva Avenue;
D. Water Street from Treva Avenue to East State Street;
February 7, 1996
E. East State Street to Valentine Place, including all of
Valentine Place;
F. East State Street to Quarry Street; including all of Quarry
Street;
G. East State Street to Ferris Place, including all of Ferris
Place;
H. East State Street from Ferris Place to Seneca Way;
I. Seneca Way to East Seneca Street;
J. East Seneca Street to Parker Street;
K. Parker Street to Terrace Place;
L. Terrace Place to Linn Street, including Linn Street up to Farm
Street;
M. Linn Street to University Avenue;
N. University Avenue to Lake Street;
O. On Lake Street to the North Property Line of Tax Map Parcel
28-4-7;
P. University Avenue to Willard Way, including all of Willard Way
and Willard Way Loop;
Q. Willard Way to Stewart Avenue;
R. Stewart Avenue to the Corporate Boundary between the City of
Ithaca and the Village of Cayuga Heights;
S. Following the Corporate Boundary between the City of Ithaca
and the Village of Cayuga Heights east to the Corporate Boundary
between the City of Ithaca and the Town of Ithaca;
T. Following the Corporate Boundary between the City of Ithaca
and the Town of Ithaca south to East State Street;
U. East State Street to Giles Street;
V. Giles Street to Water Street;
W. Water Street to Treva Place, including all of Treva Place;
X. Water Street to East State Street;
Y. East State Street to Valentine Place, including all of
Valentine Place;
Z. East State Street to Quarry Street; including all of Quarry
Street;
February 7, 1996
AA. East State Street to Ferris Place, including all of Ferris
Place;
3. Notwithstanding the foregoing, no permit shall be required on
those portions of such streets where adjacent properties are
zoned for commercial/retail use.
4. The local law or ordinance providing for such residential
parking system shall:
a) set forth factors necessitating the enactment of such parking
system;
b) provide that motor vehicles registered pursuant to section
four hundred four -A of this chapter shall be exempt from any
permit requirement;
c) provide the times of the day and days of the week when permit
requirements shall be in effect;
d) make not less than twenty percent of the spaces within the
permit area available to non-residents, and shall provide short-
term parking of not less than 120 minutes in duration in the
permit area;
e) provide the schedule of fees to be paid for such permits, and
f) provide that such fees shall be credited to the general fund
of the City unless otherwise specified in such local law.
5. No ordinance shall be adopted pursuant to this section until a
public hearing thereon has been had in the same manner as
required for public hearings on a local law pursuant to the
Municipal Home Rule Law.
6. This act shall take effect immediately."
Carried Unanimously
* 17.6 Inlet Island - Resolution Establishing Common Council as
the Lead Agency for the Environmental Review of the Alienation
and Conversion Process
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the Inlet Island Land Use Study, adopted by the Planning
Board and approved by Common Council, calls for the removal of
park status by way of the Alienation and 6(f) Conversion of Cass
Park lands on Inlet Island, and
WHEREAS, New York State has already passed legislation approving
the Alienation of those lands as specified in Chapter 242 of the
1995 law, and
WHEREAS, the removal of park status from any designated property
and placing such park status on replacement lands according to
the 6(f) Conversion process requires an environmental review, and
February 7, 1996
WHEREAS, the Common Council is the lead agency for the Park Land
Conversion process, and
WHEREAS, State and local environmental review law requires that
the agency which has primary authority for an action acts as lead
agency for the environmental review of that action; now,
therefore, be it
RESOLVED, That Common Council hereby declares its intention to
act as lead agency for environmental review of the 6(f)
Conversion of the Cass Park Lands, and be it further
RESOLVED, That Common Council hereby gives notice to other
involved agencies of its intention in this matter.
Carried Unanimously
* 17.7 1996 Planning Department Work Program - Resolution
Establishing High Priority Project(s)
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
WHEREAS, the Department of Planning and Development's proposed
1996 Work Program has been reviewed by the Planning and
Development Board and the Planning and Economic Development
Committee; now, therefore, be it
RESOLVED, That the Common Council designate the following as the
Department's priority projects for 1996, with the highest
priority to be given to the project indicated with an asterisk:
Economic Development
Long Range Economic Development Plan*
Local Development Corporation
(establishment to follow adoption of long range economic
development plan)
Meadow Street Area Land Use and Rezoning Study
B.I.D. (assistance to downtown property owners/BID Steering
Committee which is initiating BID proposal
Expansion of Cherry Street Industrial Park
Sale of Unneeded City Land (Northside triangular block, the
Annex, others)
Inter-Municipal Relations
Coordination & Consolidation of City/Town/County Planning
Waterfront Planning Study with Town/County/Cornell
Inter-Institutional Planning
Cornell Rezoning
Lake Cooling Project
Neighborhood Planning
Study, Analyze and Propose Solutions for Problems Affecting the
Health and Stability of City Neighborhoods
Residential Parking permit System
February 7, 1996
Tax Incentive Program for Historic Districts/Neighborhood
Preservation
Housing
Revision of Cluster Subdivision and R-2c Ordinances
Work with Non-Profit Agencies to Expand Supply of Affordable
Housing
Identify Sites Suitable for Future Affordable Housing Projects
Transportation
East Hill Parking Study
City-Wide Bicycle Plan
Rt. 96 Project: Coordination with DoT as necessary
Development of Prototype Traffic-Calming Measures for
Neighborhoods East of Meadow Street
Continue Long-Range Planning Projects
Inlet Island Land Use Plan
Southwest Area Land Use Study
Northside Land Use Plan
Downtown Design Plan
Six Mile Creek Valley Land Acquisition
Geographic Information System
Alderperson Blumenthal explained the Work Program priority items.
Discussion followed on the floor.
Alderperson Efroymson stated, for the record, that he would like
to respond to two articles about the city's commitment to
downtown, businesses, etc. One of them was regarding the B.I.D.
saying that there is an absence of City government commitment to
bring changes. The City has been spending an incredible amount of
time and energy to bring about positive changes for downtown. He
thinks it is absurd for people to keep telling this tale of
Common Council's non-commitment to businesses and downtown.
Alderperson Efroymson further stated that there was an Ithaca
Journal editorial stating that the City needs its regulations and
good businesses too. He is glad that they think the Mayor has
been moving forward initiatives and he certainly appreciates his
work to try to make the City a positive place for businesses and
people in general. But when they say that they hope that Common
Council and various City Hall departments go along for the ride,
he thinks that is an insult to the people in the departments and
Common Council who are working incredibly hard to try to make
this place a better place for us all. Are we going to roll over
and let businesses take over at the expense of the environment?
No. He thinks we are looking for a balance but just the litany of
time after time that we get attacked, he is getting sick and
tired of it.
Mayor Cohen stated that he would like to second at least part of
Alderperson Efroymson's remarks. He acknowledged the efforts that
February 7, 1996
he has seen many members of Council and Council, as a body, as
well as our City staff, exert on behalf of improving our
downtown.
A vote on the resolution resulted as follows:
Carried Unanimously
West State Street Improvements - Report
Alderperson Blumenthal stated that a capital project was
established as part of the West State Street effort related to
the Human Services building. She noted that there is a request
now from staff to put forward some money to start working on the
schematic plan for that area to develop some ideas about
landscaping and so this needs to be done as part of the CDBG
effort.
Deputy Director Sieverding stated that last year at the time we
were negotiating the MOU with the County, there was a lot of
discussion about what the City was going to be doing in
connection with their investment on West State Street and part of
the MOU said that the City would establish a $100,000 capital
project for street improvements.
Mr. Sieverding stated that what they're going to be proposing to
the IURA and what will be coming back to Council for
consideration as part of this new CDBG application is a request
for funding from HUD as part of an overall West State Street,
west end improvement project, where we will then turn to the CDBG
program to help pay for the kinds of improvements that we have
talked about which would include improved lighting, landscaping,
sidewalks, and other amenities that would improve the physical
environment and enhance safety in the area.
Mr. Sieverding noted that March 13 is the application deadline,
so what he is proposing is that we retain Trowbridge Associates
to help us put together this concept plan and cost estimates for
the application. He stated that he has had several conversations
with Peter Trowbridge about what that kind of a system would cost
and they finalized a proposal today. Mr. Trowbridge's proposed
fee is $7,200 and Mr. Sieverding is suggesting that it come from
the $100,000 project that has been established.
Resolution
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to execute a contract with
Trowbridge and Wolf Associates for an amount not to exceed $7,205
to prepare a conceptual design and cost estimate for the proposed
West State Street improvements.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
February 7, 1996
COMMUNITY ISSUES COMMITTEE:
18.1 "Stop the Violence--Share the Hope"
By Alderperson Sams: Seconded by Alderperson Mackesey
WHEREAS, the national statistics show that youth violence is
worse in the U.S. than any other developed country. Public
schools once considered safe are now overrun by violence, gunshot
wounds kill 420 youth each month, and violence is found to be the
second leading cause of death for youth in America, and
WHEREAS, we have seen, heard and felt some of the repercussion of
this trend in our own City and school system, and
WHEREAS, we support and join in sponsorship with Tompkins County
E.O.C., Community Dispute Resolution Center (CDRC), and the
Ithaca Neighborhood Police Program on "Stop the Violence-- Share
the Hope" and
WHEREAS, as our portion of sponsorship of $500.00 will come from
unrestricted contingency and go toward helping with scholarships
for youth and parents who may not be able to afford the two day
registration fee of $75.00; now, therefore, be it
RESOLVED, That the City of Ithaca is committed to supporting and
willing to help in any way to educate and alleviate our community
of the devastating effect of violence.
Carried Unanimously
* 18.2 1996 Budget Directions - Resolution
By Alderperson Sams: Seconded by Alderperson Mackesey
WHEREAS, this Common Council has adopted the 1996 City of Ithaca
Municipal Budget, and
WHEREAS, it will be necessary throughout 1996 and beyond, to
exercise great caution in the expenditure of City tax monies and
to insure the collection of projected City revenues; now,
therefore, be it
RESOLVED, That effective January 1, 1996, no position for a City
employee that is vacant for any reason on or after said date
shall be filled unless and until the filling of that position is
approved by the Vacancy Review Committee, which committee shall
consist of the Mayor, one representative of the Budget and
Administration Committee to be designated by that committee, and
one member of Common Council to be appointed by Common Council,
and
That the Vacancy Review Committee shall work in conjunction with
the Controller, the Personnel Administrator, and the applicable
department head in determining whether or not to fill any vacant
position, and
That the Vacancy Review Committee shall not approve the filling
of any vacant position in the City government unless and until
the Committee determines either 1) that the filling of a
particular position is essential to the proper functioning of the
City government and/or essential to the protection of life and
February 7, 1996
safety of the residents of the City, and that such position must
be filled immediately; or 2) that the department in which a
vacant position exists proposes that the vacant position be
filled and that another position(s) be vacated and left vacant,
and that the department has the means available to accomplish
these actions, and be it further
RESOLVED, That the Vacancy Review Committee shall require any and
all departments to submit information, plans or proposals
regarding the reduction of personnel costs throughout 1996 and in
future years, and be it further
RESOLVED, That the Vacancy Review Committee shall report all of
its actions at least once a month to Common Council, and
be it further
RESOLVED, That Common Council shall retain authority and decide
any matter that has been, or might be, reviewed by the Vacancy
Review Committee, and be it further
RESOLVED, That the Vacancy Review Committee shall have the
authority to refer any matter subject to its review to the full
Common Council for its decision, and be it further
RESOLVED, That the Vacancy Review Committee shall have authority
to adopt such reasonable procedures including but not limited to
setting meeting dates and agendas and requiring the submission of
documentation relative to any request to fill a vacancy as it
deems necessary to carry out its authority under this resolution.
Discussion followed on the floor and Alderpersons Sams and
Mackesey withdrew the motion from the floor.
UNFINISHED AND MISCELLANEOUS BUSINESS:
21. Ithaca Urban Renewal Agency - Agreement Regarding Sale of
Second Phase Mutual Housing Site
By Alderperson Mackesey: Seconded by Alderperson Efroymson
WHEREAS, Common Council conveyed the second phase Mutual Housing
site to the Ithaca Urban Renewal Agency and authorized the Ithaca
Urban Renewal Agency to renegotiate the sale of the second phase
Mutual Housing site to the Mutual Housing Association of Tompkins
County in a manner that will promote the long term affordability
of the project, and
WHEREAS, the Urban Renewal Agency, after considering the total
cost of operating and maintaining the Mutual Housing project, has
concluded that eliminating the cost of land acquisition will
result in a savings of nearly $21 per unit per month, and
WHEREAS, the Urban Renewal Agency has concluded that this cost
savings is important in keeping the total cost of supporting the
Mutual Housing project at a level that will promote long term
affordability, and
WHEREAS, the Mutual Housing Association has been directed by the
New York State Housing Trust Fund to reduce the total cost of
developing the second phase project by $150,000, and
February 7, 1996
WHEREAS, by selling the site to the Mutual Housing Association
for $1.00, a cost savings of $60,000 has been achieved thereby
eliminating the need to cut project costs in other areas that
will compromise the design and construction quality of the
project; now, therefore, be it
RESOLVED, That the Common Council concurs with the Ithaca Urban
Renewal Agency's decision to sell the second phase Mutual Housing
site to the Mutual Housing Association of Tompkins County for
$1.00.
Ayes (9) - Mackesey, Johnson, Thorpe, Marcham, Blumenthal,
Hanna, Gray, Efroymson, Shenk
Abstention (1) - Sams
Carried (9-1)
23. REPORT OF COUNCIL LIAISONS
Alderperson Sams reminded everyone of the Annual GIAC dinner.
EXECUTIVE SESSION:
By Alderperson Shenk: Seconded by Alderperson Blumenthal
RESOLVED, That this Council adjourn into Executive Session at
11:25 p.m. to discuss pending litigation.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened into regular session at 11:50 p.m.
Motion to Continue Meeting
On a motion, Council continued the meeting to February 14, 1996
to discuss Mayor's appointments, the possible lawsuit against
Time Warner and to vote on Item 18.2 from the Agenda - Budget
Directions.
______________________ _________________________
William Kaupe Alan J. Cohen
Deputy City Clerk Mayor