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HomeMy WebLinkAboutMN-CC-1996-04-08 27 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 : 00 P.M. April 8, 1996 PRESENT: Mayor Cohen Alderpersons (9) - Blumenthal, Marcham, Johnson, Gray, Thorpe, Sams, Hanna, Efroymson, Mackesey EXCUSED: Alderperson Shenk OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Deputy Planning and Development Director - Sieverding Deputy Building Commissioner - Radke Superintendent of Public Works - Gray Police Captain - Haus Fire Chief - Wilbur Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. MINUTES : Approval of the Minutes of the February 7, 1996 Common Council Meeting By Alderperson Blumenthal : Seconded by Alderperson Marcham RESOLVED, That the Minutes of the February 7, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the February 14, 1996 Common Council Meeting By Alderperson Thorpe : Seconded by Alderperson Hanna RESOLVED, That the Minutes of the February 14, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the February 28, 1996 Common Council Meeting By Alderperson Gray: Seconded by Alderperson Mackesey RESOLVED, That the Minutes of the February 28, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of the Minutes of the March 6, 1996 Common Council Meeting Approval of the Minutes of the March 6 , 1996 Common Council meeting was postponed. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Youth Award Alderperson Thorpe requested that the Youth Award be postponed until the May Common Council meeting as the youth to be honored is out of town. No Council member objected. Budget and Administration Committee Alderperson Marcham requested the addition of Item 17 . 5 - Appointment of Interim Personnel Administrator - Resolution. No Council member objected. 1 28 April 8 , 1996 New Business Alderperson Efroymson requested that Item 19 . 1, Restoration of CDBG Funds - Resolution, and Item 19 . 3 , Temporary Suspension of Prohibition of Portable Signs Within or Abutting the Route 96 Project Area - Resolution, be deleted from the agenda. No Council member objected. MAYOR' S APPOINTMENTS: pow Affirmative Action Advisory Council Mayor Cohen requested Council approval for the appointment of Patricia Lengermann, 613 Utica Street, to the Affirmative Action Advisory Council with a term to expire December 31, 1997 . Resolution By Alderperson Mackesey: Seconded by Alderperson Thorpe RESOLVED, That this Council approves the appointment of Patricia Lengermann to the Affirmative Action Advisory Council with a term to expire December 31, 1997 . Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: City Lands/State Parks Ms . Doria Higgins, 2 Hillcrest Drive, representing Citizens to Save Our Parks, spoke to Council regarding restitution to the City for land that has been annexed by State Parks for the Allan H. Treman State Marine Park. Drug Problems Mr. Jim Hardesty, 309 Second Street, spoke to Council about the drug, violence, and weapons problem the Second Ward is facing. He emphasized the need for Council to work with the community to find solutions to these problems . Ms . Gloria Balluffi, 312 Second Street, addressed Council to stress the need for additional drug investigators . Ms . Barbara Balluffi, 312 Second Street, spoke to Council regarding the drug activity in the City and offered possible solutions, including eviction of residents from crack houses . Route 96 Construction Project Mr. Guy Gerard, 209 Giles Street, addressed Council to recommend enhancing public awareness by mailing notices to residents of areas that are scheduled to be affected by major construction projects such as the Route 96 project . He noted that these mailings should be in addition to the public hearings currently being held. Stewart Park Clean-up Day Mr. Dale Flinn, 847 Ridge Road, Lansing, addressed Council to suggest that a "Stewart Park Family Fun Clean-up Day" be arranged to clean up Stewart Park after the winter/spring storms . His idea included combining the use of City personnel and equipment with community members to reduce the amount of money that the City would have to expend, and to avoid the need for FEMA money. West End Breakfast Club Mr. Joe Cassaniti handed out fliers in regarding to the West End Breakfast Club, which meets the second Tuesday of each month at the VFW on West State Street . He extended invitations to all present . West Buffalo Street Parking Ms . Cynthia Yahn, 610 West Buffalo Street, representing the residents of West Buffalo Street, spoke to Council about the desperate need for a parking area in the West Buffalo Street area during the Route 96 construction project . 2 29 April 8 , 1996 Child Abuse Prevention Month Ms . Sonia Bouvier, Educator with the Child Sexual Abuse Project, thanked Council for the proclamation naming April as Child Abuse Prevention month. She noted the activities that are scheduled in the City for the month of April . REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES• Board of Public Works Commissioner Reeves reported to Council on the following matters : The Board approved an increase to the Golf Course rates . The Board approved the increase in the engineering contract for the plant capacity upgrade at the Wastewater Treatment Facility. The Board passed a Resolution to participate in cooperative purchasing of highway services with Tompkins County. The Hangar Theater has a provision in their lease that any and all capital improvements must be approved by the Board of Public Works . The Board approved a request for an upgrade of equipment, fixtures, and fire protection systems . They will also be increasing the backstage area of the theater which will require an addition to the back of the building, approximately 18' x 281 . The Board has discussed Stewart Park clean-up solutions at length. There have been several requests from community groups to assist with the clean-up. Further discussions are planned regarding the City' s legal liability for volunteer crews . The Board is discussing public notification issues . COMMUNICATIONS FROM THE MAYOR: Eric Lerner Recognition Mayor Cohen read the following proclamation into the record: WHEREAS, Eric Lerner was elected to the office of City of Ithaca Second Ward Representative to the Tompkins County Board of Representatives on January 1, 1990, and WHEREAS, he has faithfully performed his duty as a City Representative, giving tirelessly of himself and his time to his community, and WHEREAS, during his tenure on the Board of Representatives he has made worthwhile and significant contributions which have enhanced the quality of life we enjoy as citizens of the City of Ithaca, and WHEREAS, it is deemed appropriate to show gratitude for the dedicated services of Eric Lerner, on behalf of Common Council and the City of Ithaca, I do hereby express our thanks to Eric Lerner for his service to the City of Ithaca and Tompkins County, and further wish Eric success in all his future endeavors . Mr. Lerner accepted the proclamation with appreciation to the Mayor and Common Council . Proclamations for April Mayor Cohen announced proclamations for the following: April 1 - 7 Student Employment Week April 2 - 7 Daffodil Festival Week April 1 - 15 International Weeks April 29 Taste of the Nation Day 3 u April 8 , 1996 Letters to the Mayor Mayor Cohen noted that he received a letter from John Beach, Stop DWI Coordinator, reported that Ithaca Police Department has just completed the most successful year of DWI enforcement by any single agency in the history of Tompkins County. He commended the Police Department for those efforts . Ithaca Journal Editorial Mayor Cohen referred to an editorial in the Ithaca Journal regarding the lack of snow removal on Easter Sunday. He stated that City crews were out plowing snow on Easter Sunday, and they two did an excellent job. Removal of Graffiti Mayor Cohen thanked Officers Torres and Slattery for their community service by cleaning graffiti off the side of a building on Plain Street while off duty. REPORT OF THE CITY ATTORNEY: Sage Hall Litigation City Attorney Geldenhuys reported that the City received a decision in the Sage Hall litigation. The Ithaca Landmark Preservation Committee and Planning Board' s decisions were upheld in approving the Sage Hall renovation. The Supreme Court dismissed the petition on the basis that the Heritage Coalition as an organization did not have standing to bring this kind of litigation. The Heritage Coalition has appealed the decision, and it will be heard before the Appellate Division in Albany. COMMUNITY ISSUES COMMITTEE: * 15 .1 Resolution Declaring April 1996 Child Abuse Prevention Month in the City of Ithaca By Alderperson Sams : Seconded by Alderperson Johnson WHEREAS, Common Council has previously declared April Child Abuse Prevention Month in the City of Ithaca, and WHEREAS, this follows both state and national commitments made to declare each April Child Abuse Prevention Month, and WHEREAS, over the past two years this Resolution by the City of Ithaca proved to be of great support for local volunteer efforts, and WHEREAS, those efforts resulted in more than one thousand volunteers wearing blue ribbons to raise public awareness, and over 1, 000 promises to be supportive of families were made, and WHEREAS, the Child Sexual Abuse Project and the prevention office of the County Department of Social Services have joined in efforts this year to promote the 10, 000 Promises and the Blue Ribbon Campaign during April, and WHEREAS, the Child Sexual Abuse Project and others in this community are members of the National Committee to Prevent Child Abuse - New York State, and WHEREAS, that National Committee is convening an important statewide conference on child abuse prevention, May 9 and 10, in Tarrytown, New York, and WHEREAS, for the first time in memory, both the County Board of Representatives and the City of Ithaca Common Council have decided in the same year to make a declaration for Child Abuse Prevention Month; now, therefore, be it RESOLVED, That Common Council renews its commitment to positive community and neighborhood support for parents and hereby declares 4 April 8 , 1996 April 1996 as Ithaca' s Child Abuse Prevention Month, and be it further RESOLVED, That the Mayor is directed to issue this Resolution to the press and to the public, along with any further declaration or ceremony that would further the purposes of Child Abuse Prevention and Positive Support for Families in our community. Carried Unanimously * 15 .2 Community Issues Committee 1996 Work Plan Items By Alderperson Sams : Seconded by Alderperson Blumenthal RESOLVED, That the following is the work plan for the Community Issues Committee for 1996 : * Domestic Violence Issues - Statistical analysis of City Court cases - Discussion with City Prosecutor - Community Education in conjunction with Domestic violence Prevention Month in October - Elderly violence and neglect * State of the Ithaca Child: Statistical report from County Youth Bureau due in April * Setting Community Standards: Discussion of material provided by Frank Barry of Cornell' s Family Life Development Center, and the ICSD' s outcome-based educational objectives * Review of City-funded community service agencies: - Community Services Grants - Southside Community Center - Ithaca Youth Bureau - Greater Ithaca Activities Center - Human Services Coalition - Labor Council * Recreation Partnership: Review of planning for after the Youth Bureau' s two-year pilot program ends in 1996 * Dog Leash Law: Recommendation from the Disability Advisory Council * Multi-Cultural Resources Center: Resolution * Domestic Partners: Proposal on certificates, privileges, ceremony * Use of City Letterhead: Resolution * Bias-related Crime: Re-visit last year' s Council resolution * Speak-outs or hearings on specific issues to be defined * Coordinating efforts with Ithaca City School District * Drug House Issues: Root causes Discussion followed on the floor regarding prioritization of issues . A vote on the resolution resulted as follows : Carried Unanimously 5 April 8 , 1996 LAW AND GOVERNANCE COMMITTEE: * 16. 1 An Ordinance Amending Section 320-4 of Chapter 320 Entitled "Watershed" of the City of Ithaca Municipal Code By Alderperson Efroymson: Seconded by Alderperson Johnson ORDINANCE NO. 96- An Ordinance Amending Section 320-4 of Chapter 320 Entitled "Watershed" of the City of Ithaca Municipal Code WHEREAS, the Board of Public Works has received a request from the Six Mile Creek Advisory Committee to allow exceptions to Section 320-4 of the City of Ithaca Municipal Code, and WHEREAS, the intent of the exception is to allow the City of Ithaca' s Youth Bureau' s Outing Program to rock and ice climb in the Six Mile Creek Natural Area, and WHEREAS, the Board of Public Works upheld its Resolution passed on October 10, 1984 prohibiting rock and ice climbing except under the direct supervision of the Ithaca Youth Bureau; now, therefore 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, Section 320-4 of Chapter 320 Entitled "Watershed" is hereby amended to read as follows : Section 320-4 . Prohibited Activities The City hereby prohibits the following activities throughout the gorge area: A. Swimming. B. Boating. C. Ice skating. D. Camping. E . Littering. F. Amplified sound. G. Wood cutting. H. Trapping. I . Rock climbing and rappelling. J. Hunting and shooting. K. Motorized vehicle and bicycle riding. L. Plant digging. M. Flower picking. N. Consumption of alcoholic beverages . O. Fires of any kind. P. Skiing. The Board of Public Works is authorized to grant specific, revocable exceptions to any of the above prohibitions, upon consultation with the Six Mile Creek Advisory Committee and a find of special circumstances . When granting such an exception, the Board shall retain the right of the City to impose reasonable conditions intended to protect public safety, the water supply system, the natural environment or to control the City' s potential liability. Section 2 . Effective Date. This Ordinance shall effect immediately in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously 6 33 April 8 , 1996 BUDGET AND ADMINISTRATION COMMITTEE: * 17 . 1 Common Council - Request Funds for Drug Task Force Pilot Streetlighting Project By Alderperson Marcham: Seconded by Alderperson Efroymson WHEREAS, the Drug Task Force is recommending that the City enter into a one year agreement, dated March 18 , 1996, with New York State Electric & Gas (NYSEG) to provide services for a Pilot Streetlighting Project in the City to help in the fight against the City' s drug problem, and WHEREAS, the pilot project would provide the City with the following: free lighting design for each light location up to six luminares in the City up to six moves during the agreement and, WHEREAS, the cost of the Pilot Streetlighting Project has been estimated at $1, 800 for one year, including moving of streetlights six times, installation of streetlights, and cost of electricity for streetlights; now, therefore, be it RESOLVED, That the Mayor be hereby authorized to enter into an agreement with NYSEG to provide services for said Drug Task Force Pilot Streetlighting Project, and be it further RESOLVED, That an amount not to exceed $1, 800 be transferred from Unrestricted Contingency to Account A1490-435 Public Works Administration Contracts for purposes of said Pilot Streetlighting Project . Carried Unanimously * 17 .2 DPW - Request to Amend IAWWTP Capacity Upgrade Project By Alderperson Marcham: Seconded by Alderperson Johnson WHEREAS, by vote of Common Council at its April 5, 1995, September 6 , 1995, and December 6, 1995 Common Council meetings, the funding for increasing the Ithaca Area Wastewater Treatment Plant (IAWWTP) treatment capacity and the selection of Stearns and Wheler for the related engineering services was approved in the amount of $64 , 600 , ' and WHEREAS, the Special Joint Sewer Committee, at its regular meeting on March 19, 1996, voted unanimously to establish the total cost of the IAWWTP Capacity Upgrade Project at $666, 200, including all related engineering services, and WHEREAS, the upgrade project will allow the IAWWTP capacity to increase from 10 MGD to 13 MGD and will improve the plant' s overall operation as follows : - Improve retention time for biological solids in the final clarifiers; - Reduce the possibility for solids to short circuit through the final clarifiers; - Increase influent pumping capacity to handle high flow concerns with the addition of a fifth pump; - Create a physical condition to allow pump testing without activating the raw sewage bypass line to Cascadilla Creek; - Increase the plant' s total capacity rating by 3 MGD to a total of 13 MGD on a 30-day average; now, therefore, be it RESOLVED, That Capital Project #4021 be amended by an amount not to exceed $601, 600, giving a total project cost not to, exceed $666, 200 7 t� April 8, 1996 for purposes of funding said additional construction and engineering services, and be it further RESOLVED, That funds will be derived from the following sources : Capital Reserve J-1 $ 64, 600 Issuance of serial bonds or current funds 601, 600 $666, 200 and be it further RESOLVED, That the cost of the project will be allocated among the owners; the City of Ithaca $380, 700, the Town of Ithaca $272, 300 and the Town of Dryden $13 , 200, as per the existing capital cost allocation agreement . Carried Unanimously * 17 .3 Police - Recruest to Adjust Deputy Police Chief Salary By Alderperson Marcham: Seconded by Alderperson Johnson WHEREAS, upon the retirement of Police Chief Harlin McEwen February 19, 1996, Deputy Police Chief David Barnes was appointed to Acting Police Chief until a permanent Police Chief is appointed; now, therefore, be it RESOLVED, That Acting Police Chief David Barnes' annual salary be increased by ten percent (10%) retroactive to February 19, 1996, and be it further RESOLVED, That the adjusted annual salary of $67, 826 be effective until a permanent Police Chief is appointed. Carried Unanimously * 17 .4 Common Council - 1997 Budget Process - Discussion Alderperson Marcham noted that the Budget & Administration Committee will discussing the 1997 budget process at the April 17, 1996 meeting. * 17 . 5 Appointment of Interim Personnel Administrator By Alderperson Marcham: Seconded by Alderperson Gray WHEREAS, Personnel Administrator Valerie Saul is scheduled to begin her maternity leave shortly, and WHEREAS, it is necessary to continue to fill the position of Personnel Administrator while Ms . Saul is on leave; now, therefore, be it RESOLVED, That Hugh Hurlbut is hereby appointed Interim Personnel Administrator at an annual salary of $45, 000 (35 hours) , and be it further RESOLVED, That Mr. Hurlbut is hereby appointed for the period April 8 , 1996 through October 4 , 1996, and be it further RESOLVED, That Mr. Hurlbut be and hereby is authorized and directed to fulfill the responsibilities and exercise the authorities of the permanent Personnel Administrator as outlined in the City Charter and civil service job description for the position. Carried Unanimously Executive Session Request Alderperson Marcham requested an executive session at the end of the meeting to discuss labor negotiations . No Council member objected. 8 35 April 8 , 1996 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: * 18 .1 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 Efroymson 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, May 1, 1996, at 7 : 00 p.m. , and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance . This notice shall be published once at least fifteen (15) 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 : REVISED 3-6-96 REVISED 3-25-96 REVISED 3-27-95 This Ordinance is presented to Common Council on April 8, 1996 for a Public Hearing on May 1, 1996 : 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. 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 : 11 (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 neighborhoods and 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 9 1 C Jo April 8, 1996 that property owners or their delegated agents perform such repair and maintenance of properties as will prevent deficiencies that could become an attractive nuisance with regard to children, trespassers or household pets or that may attract insect or animal pests . [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] managed 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 . [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 the exterior around level of 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 motor vehicles [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; 10 37 April 8, 1996 [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 stored outside is completely contained in nonabsorbent, water-tight durable containers having a tight- fitting lid in place Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal site [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 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 not more than thirty (30) days . Reusable household discards may be placed at curbside on special "Scavenger" days designated by the De,Qartment of Public Works but unclaimed discards must be removed by the property owner by the deadline set by the Department. Residents may lace reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two (2) successive 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 unlicensed motor vehicle may be stored in the front yard in compliance with Section 325-20 . However, this section shall not apply to a motor vehicle which constitutes "solid waste" as defined in Section 1 (2) (b) [61 above [5] that grass, weeds or other vegetation on grounds and exterior Property are maintained so that the height of vegetation is limited to nine (9) inches, except for trees, bushes and other vegetation Planted, maintained or kept for some ornamental or other useful Purpose. Natural woodlands shall be considered an ornamental or useful purpose. [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 911 . 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 annuals and perennials in these sidewalk 11 33 April 8, 1996 areas shall be allowed, but 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 Ow 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 except during flooding. All sidewalks, ramps and curb cuts shall be cleared of 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 delegated by property owners [and/or tenants or occupants] . [ [1] ] The responsibilities outlined in Section 325-23 .B. (2) (c) may be delegated to an [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 . [ [21 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 tenants) 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 12 39 April 8 , 1996 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 property owner. Provided that all of the above criteria have been met, and the tenants) 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 (i) 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) 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 outdoor place, except in receptacles provided for such purposes . " 13 April 8 , 1996 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 May 1, 1997 [March 6, 19971 . * 18 .2 Inlet Island/Cass Park Conversion - Declaration of No Sicgnificant Environmental Impact By Alderperson Blumenthal : Seconded by Alderperson Hanna WHEREAS, the City of Ithaca is pursuing the Alienation and AWN& 6 (f) Conversion process to remove park status from certain parcels of land on Inlet Island that were part of the original Cass Park land acquisition and substitute those parcels with land at Ithaca Falls, in the Six Mile Creek corridor and along the Flood Control Channel, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act, and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Long Environmental Assessment Form dated March 15, 1996, and be it further RESOLVED, That this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration, and the City Clerk be, and she is, hereby directed to file a copy of the same, together with the attachment, in the City Clerk' s Office and forward the same to any other parties as required by law. Carried Unanimously * 18 . 3 Resolution to Authorize the Mailing of Information to Property Owners By Alderperson Blumenthal : Seconded by Alderperson Johnson WHEREAS, recent changes to the municipal code place certain responsibilities on all property owners in the area of exterior property maintenance and other pertinent issues related to real property in the City of Ithaca, and WHEREAS, it is the strong desire of Common Council to provide notice to the public of these regulations and requirements so that the property owners in the City of Ithaca are aware of the purpose of these changes and understand their responsibilities, and WHEREAS, the Chamberlain' s office is mailing a notice of each property owner' s liability for City taxes in May of 1996 and it will be cost effective to include an educational brochure in the tax bill mailing for property owners, and WHEREAS, including an educational brochure in the tax bill mailing can be accomplished in a way that will not substantially increase the City' s cost for mailing of these tax bills, and 14 41 April 8, 1996 WHEREAS, the costs for mailing the educational brochure directly to property owners and to property owners whose tax bills are mailed to lenders for payment through various escrow accounts should not exceed $1, 200; now, therefore, be it RESOLVED, That the City Chamberlain be authorized to include in the June City tax installment billing, an educational brochure about the new Exterior Property Maintenance Ordinance and other pertinent issues related to real property in the City of Ithaca, and, be it further RESOLVED, That an amount not to exceed $1, 200 be moved from unrestricted contingency funds to A-32-3620-425 for the purposes of covering the cost of the additional mailing by the Building Department, an be it further RESOLVED, That the funding only be allocated upon the passage of the Ordinance. Carried Unanimously * 18.4 Reprogramming of CDBG Funds for an Economic Development Loan--Ithaca Millworks By Alderperson Blumenthal : Seconded by Alderperson Gray WHEREAS, the IURA and the City of Ithaca have been working to reprogram CDBG funds from the 1992 and 1993 awards from projects which could not be implemented according to plan, and WHEREAS, in 1995 the IURA, based on the recommendation of the Community Advisory Committee, was prepared to recommend to the Common Council that a loan be made to Ithaca Millworks in the amount of $75, 000 from reprogrammed funds, to be used for the = purchase of production equipment by Ithaca Millworks related to a proposed expansion of the Company at the former Ithaco property, and WHEREAS, Ithaca Millworks was not successful in acquiring that site and wishes now to amend their proposal to include instead the construction of an approximately 20, 000 square foot, $400, 000 millwork building on property the firm owns on Taber Street, and WHEREAS, since this new construction project will cost more than the previous proposal and the company has a fixed amount of financing available from a conventional lender, Ithaca Millworks needs to increase the amount of the CDBG loan from $75, 000 to $100, 000, and WHEREAS, the proposed new construction project will allow Ithaca Millworks to increase its workforce by 6 to 10 workers and also remove a blighted building currently on the site; now, therefore, be it RESOLVED, That the Common Council approves the proposed reprogramming for an amount not to exceed $100, 000 and authorizes the Mayor, subject to the advice of the Community Development staff and City Attorney, to submit all required documentation to HUD in order to implement this reprogramming. Carried Unanimously Viewshed Overlay Zone - Report Alderperson Blumenthal reported that the viewshed overlay zone issue was not identified as a work item for the Planning Department for 1996 . She noted that former Alderperson John Schroeder had summarized possible approaches to establishing a viewshed overlay zone and that included four components, one of which was restricting the size of development and developing design guidelines for the site . Alderperson Blumenthal further reported that there are three property owners that are involved with this site as well as 15 April 8, 1996 adjoining property owners, that are in opposition to this change therefore a super majority vote of Common Council could be required to pass a zoning change . The Planning Committee voted 4-1 not to study this issue, and to place the item on the Planning Committee agenda. Extensive discussion followed on the floor with Council members voicing their opinions on the issue . All 0% Cliff Street Parking - Report Alderperson Blumenthal reported that the Cliff Street parking area issue will be discussed at the Planning Committee meeting in April . She noted that there are basically two options, either purchasing the parcels at 701 and 705 Cliff Street, for an approximate cost of $95, 000 - $110, 000, or purchasing the parcels at 705 and 711 Cliff Street, for an approximate cost of $65, 000 to $80, 000 . The second option has significant environmental drawbacks such as filling in a gorge and removing trees from the hillside . If the City is interested ir using fill from the Route 96 project, several decisions need to be made in the near future . She further noted that the Board of Public Works has concerns regarding the use of public funds for engineering, and construction services for parking lots . The BPW also has concerns regarding the future maintenance of this lot . Zonincr Amendment - Chart Chancre Allowing Public and Quasi-Public Social Services Agencies in B-1 Zones - Report Alderperson Blumenthal reported that the Senior Citizens Center is interested in purchasing the OBGYN site on Court Street but it is not a permitted use in the B-la zone . As a result they are requesting that Common Council expand the list of permitted uses in the B-la zone to include quasi-public or public social service organizations . The zone currently permits offices and banks . The B-2a zone includes clubs, lodges or private social clubs, but the Planning Committee thought that those types of uses would have a greater impact on the adjoining residential neighborhood, and recommended that a new category in the chart be created. The Committee further recommended that language be drafted regarding the zoning change for next meeting. The timetable would be discussion at the April Planning Committee meeting, a public hearing at Common Council in May, and a vote on the zoning change in June . Economic Development Plan - Report Alderperson Blumenthal reported that the Economic Development Plan was designated the highest priority item on the 1996 Planning Department Work Plan. The Planning Committee is considering completing an assessment relative to the assets and constraints facing the City, and the future opportunities for economic development . This is one component of a strategic planning process which was started in 1987 with an affordable housing study and area studies including the Northside, Southwest Park, Downtown, Inlet Island, and the West Hill Master Plan. This issue will be discussed in detail at the April Planning Committee meeting. Parking Lot Control Equipment - Report Alderperson Blumenthal reported that the report on the parking lot control equipment will be postponed until the June meeting. NEW BUSINESS• * 19 . 2 New York State Tax Cuts By Alderperson Efroymson: Seconded by Alderperson Johnson WHEREAS, the proposed ` 96- ` 97 New York State budget has deep cuts in social services and mental health programs, which will have a devastating impact on many of our citizens and our community, and 16 43 April 8 , 1996 WHEREAS, State aid to education is being cut again on all levels- -pre-K handicapped, primary and secondary, SUNY, TAP, and a freeze on- aid to community colleges--which will prevent many New Yorkers from getting the education that would prepare them for the world of work and to be informed citizens in a democracy, and WHEREAS, New York State has the third most unequal distribution of income in the nation, while more of New York' s children live in poverty than in the rest of the nation as a whole, (23 . 50 vs . 20 . 10) , and WHEREAS, the multi-year tax cuts which were implemented in 1987- 1989 in NYS did not stimulate job growth, which is the rationale given for these income tax cuts for the affluent, and, in fact, were followed by a period when the rate of employment growth actually decreased, and WHEREAS, the reduction in aid from the state to help fund education and vital local services will mean an increase in local property taxes, which are regressive, and which will therefore most hurt the elderly on fixed incomes, the middle class and working poor; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby support the enactment of the Stringer/Leichter bill, which would repeal the reduction in State income tax for those families earning more than $100, 000 per year, and be it further RESOLVED, That the City Clerk be directed to forward this resolution to our local Assemblyman and Senator and to Governor Pataki, Senator Bruno, Assemblyman Silver, and NYCOM. Carried Unanimously BUFFALO STREET PARKING: Extensive discussion followed on the floor with Superintendent Gray and Deputy Planning and Development Director Sieverding answering questions from Council members . This issue was referred to the Board of Public Works for further discussion. RECESS: Common Council recessed at 9 : 40 p.m. and reconvened at 9 : 50 p.m. EXECUTIVE SESSION: By Alderperson Johnson: Seconded by Alderperson Sams RESOLVED, That Common Council adjourn into Executive Session to discuss labor negotiations and pending litigation. Carried Unanimously REGULAR SESSION: Common Council reconvened in regular session. No items were brought forth from Executive Session. ADJOURNMENT: On a motion the meeting adjourned at 10 :40 p.m. ,4�1 ON,, G ulie onie4j Holcomb Alan J. Cohen City Clerk Mayor 17