HomeMy WebLinkAboutMN-CC-2001-06-06
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 June 6, 2001
PRESENT:
Mayor Cohen
Alderpersons (10) Pryor (Excused), Sams, Blumenthal, Manos,
Farrell, Vaughan, Spielho1z, Taylor, Hershey
Regular Meeting Continued from 6/6/01 June 13, 2001
PRESENT
Mayor Cohen
Alderpersons (10) Pryor, Taylor, Hershey, Glastetter,
Spielholz, Vaughan, Blumenthal, Farrell
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Cafferillo
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Community Development Director - Bohn
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
Resolution to open public hearing
SPECIAL ORDER OF BUSINESS:
By: Alderperson Hershey, Seconded by: Alderperson Farrell
RESOLVED, That the public hearing to consider a Proposed Amendment
to the Canal Corridor Initiative to Assist Argyle Associates, LLC
and PB Associates to Construct Public Access Waterfront
Improvements be declared open.
Carried Unanimously
The following people spoke regarding the proposed Canal Corridor
Initiative:
Dan Hoffman, City of Ithaca, member of CAC. CAC is very much in
favor of a waterfront promenade, it’s a great idea and tourist
draw for that area. However, they do have a concern that the
proposed corridor does not go through the whole property, it ends
at the entrance to the restaurant. Prior owners had agreed to
allow the promenade to go all the way through the property.
Concern is that it will not be the public resource that it was
originally intended to be if it basically dead-end promenade. It
should go all the way through. There is no physical obstacle to a
continuation of the promenade all the way to the Buffalo Street
and to a public thoroughfare. Strongly encourages the City to get
an easement that gives the City the right to continue that
promenade at some point in the future.
Joel Harlan, Town of Dryden, suggests that any improvement should
be made because it will help the City and the County.
Resolution to Close the Public Hearing
By: Alderperson Taylor, Seconded by: Hershey
RESOLVED, That the public hearing to consider a Proposed Amendment
to the Canal Corridor Initiative to Assist Argyle Associates, LLC
June 6, 2001
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and PB Associates to Construct Public Access Waterfront
Improvements be declared closed.
Carried Unanimously
Resolution to Open a Public Hearing
By: Alderperson Farrell, Seconded by: Alderperson: Sams
RESOLVED, That the Public Hearing to Consider an Ordinance to
Amend Chapter 325 Entitled Zoning of the City of Ithaca Municipal
Code Regarding Exterior Property Maintenance be declared open.
The following people spoke regarding the proposed Amendment to
Chapter 325 Entitled Zoning of the City of Ithaca Municipal Code
Regarding Exterior Property Maintenance
Ron Bergman, City of Ithaca, spoke in opposition to the proposed
changes and additional cost to property owners.
Larry Beck, lives in Lansing; manages and owns property in the
City of Ithaca and is a board member of the Tompkins County
Landlord Association. He was also invited to represent the
professional housing providers on the Exterior Property
Maintenance Ordinance Monitoring Committee. He expressed
opposition to the proposed changes in the Exterior Maintenance
Code and the additional financial burden it places on the owners
and tenants. He also expressed concerns of selective prosecution
of violations by the City.
Alderperson Glasstetter arrived at 7:30 p.m.
Mary Ann Marsh, City of Ithaca, supports the legislation and
higher fines for violations.
Judy Hardesty, City of Ithaca, presented an analysis of the cost
of one certain property to the City versus the capital gain the
owner earns each year. Supports the increased fines.
Bonnie Blanding-May, City of Ithaca, supports neighborhood
initiatives, urged Council members to remember those people that
elected them and the neighborhoods that they represent when
considering this legislation to improve the quality of life in the
neighborhoods.
Frances Weismann, City of Ithaca, supports the Exterior Property
Maintenance Ordinance and increased fines.
Trisha Carl, City of Ithaca, had question about how ordinance
would affect garage sales. Alderperson Farrell read section of
ordinance that relates to garage sales. Supports use of garbage
bags.
Jim Hardesty, City of Ithaca, supports the legislation and
increased fines.
Fay Gougakis, City of Ithaca, supports the legislation and
increased fines.
Mayor Cohen asked Ms. Gougakis to sit down, to sit down now, sit
down now, Fay, sit down now. Sit down now. Fay, please leave,
thank you. Fay, please leave. Mayor Cohen asked the officer to
please escort Ms. Gougakis out. Thank you. Good night Fay. Is
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there anyone else here to speak at this hearing. We are
recessing.
Motion to Recess Public Hearing
Mayor’s statement, what just took here was very unfortunate and I
think a number of us emotionally shaken and it’s going to be very
difficult to continue this meeting and I’ve discussed with my
colleagues and we are going to in a moment make a motion to
adjourn this meeting to next Wednesday. In our roles as public
officials we’re in very difficult positions in times like this and
it’s, we try as hard as we can to exhibit patience and to work
with people in our community of all kinds and to let people
contribute to the public process. We also have a responsibility
to conduct the business of this community and where we draw that
line sometimes is where we draw the line. I am not happy by what
happened, I am somewhat saddened by the fact the Ms. Gougakis had
to leave under the circumstances that she did and for those who
are here and those who are watching, I apologize for what has
happened and for the fact that we cannot continue and I’m sure
that I will get a lot of input on this from those present and
other people in the community and I will be happy to discuss that
with them. I am somewhat at a loss for words for what else to say
and maybe nothing else needs to be said at this point unless any
of my colleagues want to say anything.
Mayor Cohen made a motion to recess the public hearing so moved by
Alderperson Farrell.
Mayor Cohen made a motion to adjourn the meeting to next Wednesday
at 7:00 p.m. by Alderperson Manos, Seconded by: Alderperson Sams.
Carried Unanimously
Meeting adjourned
June 13, 2001
Continuation of meeting from June 6, 2001
Continuation of a Public Hearing
To Amend Chapter 325 Entitled Zoning of the City of Ithaca
Municipal Code Regarding Exterior Property Maintenance be declared
open.
No further public comment
Resolution to Close the Public Hearing
By: Alderperson Hershey
RESOLVED, That the public hearing to consider an Ordinance to
Amend Chapter 325 Entitled Zoning of the City of Ithaca Municipal
Code Regarding Exterior Property Maintenance be declared closed.
18.3(A)An Ordinance Amending Sections of the Municipal Code
Regarding Exterior Property Maintenance – Designation of Lead
Agency Status for Environmental Review
By Alderperson Farrell, Seconded by Alderperson Blumenthal
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
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WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed ordinance DELETING SECTIONS 325-23B(2),
325-23B(3), 325-23B(4), AND 325-23C FROM CHAPTER 325, ENTITLED
“ZONING,” ADDING CHAPTER 197, ENTITLED “EXTERIOR PROPERTY
MAINTENANCE,” ADDING SECTION 325-29.2, ENTITLED “DUMPSTERS” AND
AMENDING SECTIONS 325-15D AND 325-46C OF CHAPTER 325, ENTITLED
“ZONING,” AMENDING SECTION 1-1B OF ARTICLE 1, ENTITLED
“PENALTIES,” SECTIONS 276-7A(2) AND 276-7A(12) OF CHAPTER 276,
ENTITLED “SITE PLAN REVIEW,” THE TITLE TO CHAPTER 196 AND
SECTIONS 196-1, 196-2A, 196-3B, 196-3C(1), 196-3D, 196-3F, 196-4,
196-5, 196-7, AND 196-8 OF CHAPTER 196, ENTITLED “GARBAGE,
RUBBISH AND REFUSE,” OF THE CITY OF ITHACA MUNICIPAL CODE
RELATING TO GARBAGE, RECYCLING, EXTERIOR PROPERTY MAINTENANCE,
SITE PLAN REVIEW AND YARD SALES, of the City Code is an
"Unlisted" Action pursuant to SEQR, and an "unlisted" Action
pursuant to CEQR which requires review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendments to Chapter 325 of the City Code.
18.3 (B) An Ordinance Amending Sections of the Municipal Code
Regarding Exterior Property Maintenance –Declaration of No
Significant Environmental Effect
By Alderperson Farrell, Seconded by Alderperson Blumenthal
WHEREAS, AN ORDINANCE DELETING SECTIONS 325-23B(2), 325-23B(3),
325-23B(4), AND 325-23C FROM CHAPTER 325, ENTITLED “ZONING,”
ADDING CHAPTER 197, ENTITLED “EXTERIOR PROPERTY MAINTENANCE,”
ADDING SECTION 325-29.2, ENTITLED “DUMPSTERS” AND AMENDING
SECTIONS 325-15D AND 325-46C OF CHAPTER 325, ENTITLED “ZONING,”
AMENDING SECTION 1-1B OF ARTICLE 1, ENTITLED “PENALTIES,” SECTIONS
276-7A(2) AND 276-7A(12) OF CHAPTER 276, ENTITLED “SITE PLAN
REVIEW,” THE TITLE TO CHAPTER 196 AND SECTIONS 196-1, 196-2A, 196-
3B, 196-3C(1), 196-3D, 196-3F, 196-4, 196-5, 196-7, AND 196-8 OF
CHAPTER 196, ENTITLED “GARBAGE, RUBBISH AND REFUSE,” OF THE CITY
OF ITHACA MUNICIPAL CODE RELATING TO GARBAGE, RECYCLING, EXTERIOR
PROPERTY MAINTENANCE, SITE PLAN REVIEW AND YARD SALES, has been
submitted to Common Council for consideration, and
WHEREAS, appropriate environmental assessment forms have been
completed, and
WHEREAS, the proposed action is an “unlisted” action under the
State Environmental Quality Review Act, and is an unlisted 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, 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 hereby is,
June 6, 2001
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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 (c) An Ordinance Amending Sections of the City of Ithaca
Municipal Code Regarding Exterior Property Maintenance – Adoption
of Ordinance
By Alderperson Farrell, Seconded by: Blumenthal
ORDINANCE 01 - 2001
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. Chapter 325, Section 325-23B(2), entitled
“Exterior property maintenance,” Sections 325-23B(3)-(4) and
Section 325-23C are hereby deleted in their entirety from Chapter
325 and the entire text is inserted in its entirety in new
Chapter 178, entitled “Exterior Property Maintenance,” with the
following amendments:
Chapter 178, EXTERIOR PROPERTY MAINTENANCE
§ 178-1. [325-23B(2)(a)] Declaration of purpose.
The purpose of this Chapter [subsection] is to provide a
minimum standard for the maintenance of the exterior grounds and
visible facades of all properties within the city. This Chapter
[subsection] is intended to help provide stable 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 unhealthy or hazardous conditions. This Chapter
[subsection] is also intended to ensure 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. The
adoption and enforcement of this Chapter [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.
§ 178-2. [325-23B(2)(b)] Definitions.
For the purposes of this Chapter [subsection], the following
definitions shall apply:
BULK ITEMS – Large items and materials, including furniture
(other than aluminum and plastic yard furniture), house
furnishings and large appliances, such as refrigerators, stoves,
washing machines and clothes dryers.
COLLECTIBLE YARD WASTES – Grass, leaves, brush, and other
plant wastes and soil materials from gardens, lawns and yards,
prepared for collection in conformance with city requirements.
June 6, 2001
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DUMPSTER – A bulk storage container for garbage, recyclable
materials and other solid waste that can be hauled directly to
the point of disposal or emptied into a compactor-type truck for
disposal.
GARBAGE –
A. Discarded materials generated from the activities
of a household, business, institution, or public or quasi-
public facility, consisting of
(1) Food wastes, including but not limited to kitchen
and table scraps, decaying or spoiled vegetable, fruit and animal
matter, and fallen fruit.
(2) Any other used or discarded waste materials such as
paper, plastic, metal, rags, food wrappings and containers,
sweepings, rubber, leather, cloth, clothing, waste materials from
normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, ashes, wood, and glass.
B. “Garbage” does not include properly prepared and
stored recyclable materials or collectible yard wastes, properly
stored and maintained composting materials, rubble, bulk items,
industrial waste, hazardous materials, automobile or other motor
vehicle tires, or any other material that the City or private
waste hauler has specified will not be picked up curbside at a
property as part of the regular collection.
[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.]
HAZARDOUS MATERIALS – means, without regards to amount and/or
concentration, petroleum, petroleum distillates or products,
polychlorinated biphenyls (PCBs), asbestos, formaldehyde,
radioactive materials, and any substances which are defined as (or
otherwise included in the definition of) “hazardous substances,”
“hazardous materials,” “hazardous wastes,” “toxic substances,”
“toxic pollutants,” “pollutants,” or “contaminants” under any
federal or New York State law, statute, rule, regulation, or code.
INDUSTRIAL WASTE – Any substance resulting from any process
of industry or manufacturing, including but not limited to
chemical waste, sludge from air or water treatment facilities,
and incinerator residue.
RECYCLABLE MATERIALS OR RECYCLABLES – Materials that are
defined as recyclable materials or recyclables pursuant to
Tompkins County laws, rules or regulations, have not become
contaminated through household or other use, and are fit for
recycling.
REFUSE – Garbage, recyclable materials and collectible yard
wastes resulting from the normal day-to-day operation of a
household, business, institution or a public or quasi-public
facility. Refuse does not include properly stored and maintained
composting materials, rubble, bulk items, industrial waste,
June 6, 2001
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hazardous materials, automobile or other motor vehicle tires, or
any other material that the City or private waste hauler has
specified will not be picked up curbside at a property as part of
the regular collection.
ROOF – The outer cover and its supporting structures on top
of a porch or building.
RUBBLE – Waste material typically resulting from
construction, demolition and major renovation activities,
including but not limited to waste cement, concrete, masonry,
bricks, tiles, sheetrock, plaster, shingles, lumber, telephone
poles, railroad ties, wooden pallets, doors and door frames,
windows and window frames and any similar material.
SOLID WASTE – [Includes] Any materials or substances that
are discarded or rejected as being spent, worthless, useless or
in excess to the owners or users at the time of such discard or
rejection, including but not limited to [materials or substances
such as] garbage, refuse, industrial waste, [and commercial
wastes,] hazardous materials, [sludge from air or water treatment
facilities, rubbish,] tires, [ashes, incinerator residue,
construction and demolition debris,] rubble, discarded motor
vehicles, and discarded bulk items. [household and commercial
appliances and discarded furniture.] Notwithstanding the
foregoing, “solid waste” shall not include properly prepared and
stored recyclables or collectible yard wastes, or properly stored
and maintained composting materials. 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:
(1) The object produces an offensive smell.
(2) 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 the weather
[precipitation].
(3) 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.
(4) The object is left, placed or stored in a manner which
appears likely to cause injuries.
§ 178-3. [325-23B(2)(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:
A. [(1)] text unchanged.
B. [(2)] That all garbage, when stored outside, is
completely contained in nonabsorbent, watertight, 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
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before scheduled collections or may be taken to an approved
refuse disposal site. Garbage containers shall not be stored in
front yards, or any other yards that have frontage on a public
street unless all yards on the property have frontage on public
streets. Composting materials, so long as they are maintained as
defined by this section, shall not be considered garbage.
C. [(3)] That solid waste, other than garbage stored in
proper containers and in the locations described above, and other
than recyclable materials stored in accordance with Section 197-
3K below, 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 be stored
in the public view for not more than 30 days. Rest of text
unchanged.
D. [(4)] That[, within all residential zoning districts] no
more than one unlicensed motor vehicle may be stored in the
public view in a side or a rear yard, and such storage shall be
in compliance with § 325-20. If there is no side or rear yard,
one unlicensed motor vehicle may be stored in the front yard in
compliance with § 325-20. However, this section shall not apply
to a motor vehicle which constitutes solid waste as defined in §
197-2 [§ 325-23B(2)(b)] above, nor shall it apply to licensed car
dealers in non-residential zoning districts.
E. [(5)] text unchanged.
F. [(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 [§
325-23B(2)(c)(5)] Section 178-3E above. Rest of text unchanged.
G. [(7)] text unchanged.
H. [(8)] text unchanged.
I. [(I)] text unchanged.
J. [(10)] text unchanged.
K. That recycling containers and recyclable materials
shall not be stored in front yards, or any other yards that have
frontage on a public street unless all yards on the property have
frontage on public streets. If recyclable materials are stored
in plastic bags, such bags must be made of clear plastic.
Recyclable materials placed at curbside before a scheduled
collection may not be in plastic bags. This prohibition against
the use of plastic bags at curbside shall not apply to
collectible yard wastes as long as the provisions of Code Section
196-3C(1) are met.
L. That all provisions regarding dumpsters set forth in
Code Section 325-29.2 are met.
§ 178-4. [325-23B(2)(d)] Standards for exterior structures.
June 6, 2001
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It shall be the duty and responsibility of all owners of
property in the City of Ithaca to ensure:
A. [(1)] text unchanged.
B. [(2)] text unchanged.
C. [(3)] text unchanged.
D. That no furniture shall be permitted on any roof that
has not been specifically designed for occupancy and does not
have guardrails meeting the State Building Code requirements at
the time of construction. Roofs shall be kept free of solid
waste.
§178-5. [325-23B(2)(e)] Responsibilities of agents
delegated by property owners.
Property owners who do not reside in Tompkins County or one
of its contiguous counties must file an agency agreement with the
City Building Department designating an agent (i) to be
responsible for all of the responsibilities outlined in this
Chapter, and (ii) to accept service of process on behalf of the
property owner. Property owners residing within Tompkins County
or one of its contiguous counties may delegate the [The]
responsibilities outlined in this Chapter [§ 325-23B(2) may be
delegated] to an agent [by the property owner], so long as at the
time of any violation of this subsection, an agency agreement is
on file in the City Building Department. The property owner and
agent shall both be liable for violations of this Chapter and the
City may bring an enforcement action against either the property
owner or agent, or both. If a property owner who does not reside
in Tompkins County or one of its contiguous counties fails to
file an agency agreement with the Building Department within
sixty (60) days of the effective date of this law, then the City
Clerk shall be deemed to be the owner’s agent for the limited
purpose of accepting service of process on behalf of the owner.
All agency agreements shall be in the form specified by the City
Building Department and [which contains] shall contain at a
minimum 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 business in Tompkins County. Post office
boxes will not be accepted as addresses for agents. The owner
shall be responsible for informing the Building Department in
writing of changes to the owner’s and agent’s addresses and
telephone numbers that occur after the owner files the agency
agreement with the Building Department. The property owner may
not designate a residential tenant as the agent pursuant to this
section, except where such designation is contained in an
employment agreement between the property owner and the tenant.
The employment agreement shall not be contained in the lease
agreement between the property owner and the tenant, and the
tenant’s acceptance of designation as the agent shall not be a
condition of the lease agreement.
§ 178-6. New construction.
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For new construction of multiple dwellings, commercial
buildings, and office buildings, facilities for the storage and
collection of solid waste and recyclable materials shall be
subject to and meet the requirements of Code Section 276-7A(12).
§ 178-7. [325-23B(3)]Notification when City intends to
correct violation.
In any case in which the city intends to correct a violation
of this Chapter [§ 325-23B(1) or (2)] and then bill the property
owner for the correction [the of] of the violation, the Building
Commissioner or his/her designee shall notify the owner of the
property, and, where relevant the registered agent who has
assumed responsibility as outlined in § 197-5 [325-23B(2)(e)] of
this Code, in writing, of any violation of this Chapter
[section]. Such notice shall be served in person or by mail to
the address appearing on the city tax roll, requiring such
person, within a time specified in such notice but in no event
less than five days from the service or mailing thereof, to
comply with this Chapter [section] and to cause the grass, brush
or solid waste [rubbish] to be cut back or removed or, if
graffiti, to have the same removed so as to comply with this
Chapter [section]. Rest of text unchanged.
§ 178-8. [325-23B(4)] Board of Zoning Appeals
exemptions.
In cases where the Board of Zoning Appeals finds that a
property is of such size or of such topographical characteristics
as to make compliance with this Chapter [section] impractical or
a financial hardship to the owner, the Board may grant an
exemption (or a partial exemption to the extent dictated by the
special circumstances) from the requirement. Similarly, if the
Board finds that there exists a situation involving desirable
plant species or animal habitats deemed worthy of preserving, it
may grant an exception from the requirements.
§ 178-9. [325-23C] Liability for area between sidewalk and
curb.
Property owners shall be liable for any injury or damage
resulting from or caused by reason of omission, failure or
negligence to maintain the area between the sidewalk and the curb
of the street in the manner described in § 197-3F [325-
23B(2)(c)(6)].
§ 178-10. Enforcement.
Violations of this Chapter and of Section 325-29.2
(Dumpsters) shall be punishable as follows:
A. Criminal Penalties
(1) Any property owner and/or agent who violates any
provision of this Chapter or of Section 325-29.2, except those
provisions specified in subsection (2) below, shall be guilty of
an offense and upon conviction shall be punished by a fine of
fifty dollars ($50.00) for a first offense at a property within a
twelve (12) month period, two hundred dollars ($200.00) for a
June 6, 2001
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second offense at the same property within a twelve (12) month
period, and three hundred dollars ($300.00) for a third or
subsequent offense at the same property within a twelve (12)
month period.
(2) Any property owner and/or agent who violates any
provision of Section 197-3E, 197-3G, 197-3I, 197-3J, or any of
the provisions in Section 197-3F regarding grass, weeds, brush,
plantings, or obstruction of views, shall be guilty of an offense
and upon conviction shall be punished by a fine of forty dollars
($40.00) for a first offense at a property within a twelve (12)
month period, sixty dollars ($60.00) for a second offense at the
same property within a twelve (12) month period, and one hundred
dollars ($100.00) for a third or subsequent offense at the same
property within a twelve month period.
(3) Each violation of this Chapter or of Section 325-29.2,
and each day during which a violation continues, shall be deemed
to be a separate offense.
(4) Violation of any provision of this Chapter or of
Section 325-29.2 shall be a violation as defined by Section
55.10(3) of the New York Penal Law.
B. Civil Penalties
(1) Any property owner and/or agent who violates any
provision of this Chapter or of Section 325-29.2, except those
provisions specified in subsection (2) below, shall be liable for
a civil penalty of fifty dollars ($50.00) for the first violation
at a property within a twelve (12) month period, two hundred
dollars ($200.00) for a second violation at the same property
within a twelve (12) month period, and three hundred dollars
($300.00) for a third or subsequent violation at the same
property within a twelve (12) month period.
(2) Any property owner and/or agent who violates any
provision of Section 197-3E, 197-3G, 197-3I, 197-3J, or any of
the provisions in Section 197-3F regarding grass, weeds, brush,
plantings, or obstruction of views, shall be liable for a civil
penalty of forty dollars ($40.00) for the first violation at a
property within a twelve (12) month period, sixty dollars
($60.00) for a second violation at the same property within a
twelve (12) month period, and one hundred dollars ($100.00) for a
third or subsequent violation at the same property within a
twelve month period.
(3) Each violation of this Chapter or of Section 325-29.2,
and each day during which a violation continues, shall be deemed
to be a separate violation.
(4) The City Attorney or his or her designee may commence
an action or special proceeding against the violator in a court
of competent jurisdiction to collect these penalties, together
with costs, disbursements and recoverable attorneys’ fees, and/or
to compel compliance with or restrain by injunction any such
violation.
(5) When the City Attorney obtains a judgment in an action
or proceeding under this section either against the property
owner or agent, or both, in addition to the appropriate methods
for enforcement of judgments established in the Civil Practice
Law and Rules, such judgment for penalties may constitute a lien,
June 6, 2001
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be a lien on the subject property and on the rents therefrom, or
may be collected in the manner of any other civil judgment.
C. Appearance Tickets and Appeals
Notwithstanding any contrary Code provision, appearance
tickets may be issued by the Building Commissioner and/or
Commissioner’s designee(s) charging violations of this Chapter or
of Section 325-29.2 whenever there is probable cause to believe
that said violations have occurred. Any rights to administrative
appeals to any board or commission of the City of Ithaca
mentioned elsewhere in this Code shall not apply as a condition
precedent to issuing an appearance ticket charging a violation of
this Chapter or of Section 325-29.2. Any right to an
administrative appeal from a decision or determination of the
Building Commissioner or other city official with regard to the
above Code Chapter and section shall apply only in cases in which
the city intends to correct the violation and seek to charge the
property owner or agent for the costs of correction.
SECTION 2. Section 1-1B of the Ithaca City Code, entitled
“Penalties for offenses,” is hereby amended to delete the
reference to Code Section [325-23B(2)] and the phrase [(Exterior
property maintenance)].
SECTION 3. Chapter 325, entitled “Zoning,” is hereby
amended by adding Section 325-29.2 as follows:
§ 325-29.2. Dumpsters.
A. Declaration of purpose. The purposes of Chapter 197,
as set forth in Section 178-1, are hereby incorporated into and
apply to this section.
B. Definitions. The definitions in Chapter 178, as set
forth in Section 178-2, are hereby incorporated into and apply to
this section.
C. It shall be the duty and responsibility of all owners
of property in the City of Ithaca to ensure the following:
(1) No dumpster may be placed or allowed to remain on any
properties in the R1 or R2 zoning district except pursuant to a
variance from the Board of Zoning Appeals, as provided by this
section. Dumpsters for which variances are granted must be out
of the public view or meet all of the screening requirements of
subsection 7 hereof and may be located in front yards only if the
Board of Zoning Appeals finds there is no practical alternative
location.
(2) Dumpsters may be placed and allowed to remain on
properties in the R3 or RU zoning district if they are out of the
public view or meet all of the screening requirements of
subsection 7 hereof. Screened dumpsters may not be placed or
allowed to remain in place in front yards unless the Board of
Zoning Appeals finds there is no practical alternative location
and grants a variance, as provided by this section.
(3) A dumpster in the R-1, R-2, R-3 or RU zoning district
can serve only the property on which it is located and can serve
only one property.
June 6, 2001
13
(4) All dumpsters must have tightly fitting covers that are
kept closed at all times except when the dumpster is in the
process of being filled or emptied. Garbage, recyclable
materials, and other solid waste must be completely contained
within the dumpster and shall not accumulate so that the dumpster
cover cannot be firmly closed.
(5) Dumpsters shall not be located in any area that the City
Code requires must be constructed or maintained unencumbered to
comply with fire, building or public safety laws or requirements.
(6) All dumpsters shall have the name and telephone number
of the company or individual owning such dumpster clearly
printed, in letters at least three inches high, on either the
front or back of the dumpster.
(7) Dumpsters in the R-1, R-2, R-3 or RU zoning district
that are located in the public view must meet the following
screening requirements:
(a) Dumpsters shall be surrounded on all sides that are
visible from the public view by enclosure walls or vegetation
screens such as trees or hedges. There shall be a minimum of two
(2) feet of clearance between the dumpster and each wall or
vegetation screen. The walls or vegetation screen shall be a
minimum of four (4) feet in height, but in any event the walls or
vegetation screen shall be higher than the dumpster and shall
fully screen the dumpster from the public view.
(b) Constructed enclosure walls shall be made of wood,
masonry or other materials compatible with the main structure or
surroundings. Chain link fencing shall not be considered
acceptable screening material. Enclosure walls must be
constructed of masonry or other noncombustible materials if they
are within the fire limits of the City, as that term is defined
in Section 181-13 of the City Code. The minimum dimension for
wood screening materials shall be 1 inch by 4 inches. Enclosures
and partial enclosures shall be constructed to be as
inconspicuous as possible.
(c) Where vegetation screens are used, they shall form a
year-round dense screen at least four (4) feet high, and in any
event at least as high as the dumpster, within two (2) years of
the initial planting.
(d) Where a gate is necessary to provide access to the
hauler, the gate shall either swing fully outward or slide
parallel to the wall of the enclosure. Gates shall be designed
to be secured when in the open and closed positions. Gates shall
be closed at all times except when the dumpster is being
accessed. There shall be a minimum of ten (10) inches of
clearance between the bottom of the gate and ground.
(e) All enclosures and partial enclosures (whether
constructed or created by vegetation screens) shall be easily
accessible to collection vehicles and personnel. The area
directly in front of an enclosure or partial enclosure shall have
less than a two percent (2%) slope to make manipulation of
dumpsters as easy as possible. Steel poles or other types of
stop devices shall be placed near the back of the
enclosure/partial enclosure to prevent damage from the dumpster
when it is set back in the enclosure/partial enclosure. In
addition, where vegetation screens are used to screen one or both
June 6, 2001
14
sides of a dumpster, the plantings shall be curbed or otherwise
protected from damage by collection vehicles and the dumpster as
it is moved in and out of the enclosure.
(f) Property owners must keep constructed enclosures and
partial enclosures in good repair and in a safe and structurally
sound condition. Property owners must maintain the effectiveness
of vegetation screens by properly caring for and replacing, as
necessary, the plantings that serve as screening devices.
(g) The property owner shall be responsible for the cleanup
of the interior of each enclosure and partial enclosure.
Enclosure areas and partial enclosure areas shall be kept free
from litter and other solid waste except for that which is placed
in dumpsters. Enclosure areas and partial enclosure areas shall
be maintained to prevent odors and rodent and insect infestation.
Garbage and other solid waste shall not accumulate in any manner
that creates a visual or public health or safety nuisance.
(h) Recycling receptacles may be located inside the
enclosure or partial enclosure.
(8) Property owners in the R3 or RU zoning district who have
dumpsters on their property as of the effective date this
subsection and who intend to comply with this section by
screening the dumpster shall have one (1) year from the effective
date of this subsection to complete the plantings or the
construction of the enclosure or partial enclosure and other
related construction requirements.
(9) Property owners in the R1 and R2 zoning districts who
have dumpsters on their property as of the effective date this
subsection, apply for a variance from the Board of Zoning Appeals
within sixty (60) days of the effective date of this subsection,
and obtain a variance from the Board of Zoning Appeals to
maintain a screened dumpster shall have one (1) year from the
date of the variance to complete the plantings or the
construction of the enclosure or partial enclosure and other
related construction requirements.
D. In making any determination with respect to any
proposed dumpster, the Board of Zoning Appeals shall be guided by
the general purpose of this section, as stated in Section 325-
29.2A, and shall also consider the following:
(1) Need for the dumpster: the number of tenants to be
serviced by the dumpster and the availability of alternative
methods of solid waste storage and disposal.
(2) Proximity to neighbors: the proximity of the proposed
dumpster to neighboring properties and residences.
(3) Other dumpsters: other dumpsters in the vicinity of the
proposed dumpster.
(4) The character of the neighborhood: the proposed use
shall not be detrimental to the general amenity or neighborhood
character so as to cause a devaluation of neighboring property
values or material inconvenience to neighboring inhabitants or
material interference with the use and enjoyment by the
inhabitants of the neighboring property.
June 6, 2001
15
E. In granting any variance, the Board of Zoning Appeals
shall specify the exact location of any dumpster on a property,
make a determination as to whether the dumpster will be out of
the public view, require the dumpster to be screened as provided
in subsection 7 hereof if it will not be out of the public view,
and impose other requirements as necessary to meet the general
purpose of this Chapter.
F. Any person aggrieved by any decision of the Board of
Zoning Appeals may have the decision reviewed by a Special Term
of the Supreme Court in the manner provided by Article 78 of the
Civil Practice Law and Rules.
G. The provisions of this section shall not apply to
dumpsters used solely for construction and demolition debris.
The use of such dumpsters shall be regulated by Building
Department construction or demolition permits.
SECTION 4. Chapter 325, Section 325-46C, entitled
“Penalties for offenses,” is hereby amended as follows:
[Violations of § 325-23B(2) shall be punishable in accordance
with § 1-1 of this Code.] Violations of § 325.29.2 shall be
punishable in accordance with Section 178-10 of this Code.
SECTION 5. Chapter 276, Section 276-7A(2), entitled “Project
review criteria,” is hereby amended as follows: Compliance with
all other regulations applicable to the development. These
include, but are not limited to, the Zoning Ordinance, Sign
Ordinance, Subdivision Regulations, Landmarks Preservation
Ordinance, Exterior Property Maintenance Ordinance and
Environmental Quality Review ordinance of the City of Ithaca, and
the State Environmental Quality Review Act.
SECTION 6. Chapter 276, Section 276-7A(12), entitled
“Project review criteria,” is hereby amended by deleting
[Screening of dumpsters from public view and from adjoining
properties] and adding the following: For new construction of
multiple dwellings, commercial buildings and office buildings,
adequate and appropriately located facilities for the storage and
collection of solid waste and recyclable materials shall be
required. Developers of new commercial and mixed occupancy
buildings must design a waste management system that can support
the needs of any allowable use in the building, including those
uses that could result in maximum garbage generation. Screening
of these facilities, as well as other actions relating to the
appearance of the facilities, may be required.
SECTION 7. The title of Chapter 196 is hereby amended as
follows: GARBAGE[, RUBBISH] AND REFUSE.
SECTION 8. Chapter 196, Section 196-1, entitled
“Definitions,” is hereby amended as follows:
BULK ITEMS – Large items and materials, including furniture
(other than aluminum and plastic yard furniture), house
furnishings and large appliances, such as refrigerators, stoves,
washing machines and clothes dryers.
COLLECTIBLE YARD WASTES – Grass, leaves, brush and other
plant wastes and soil [waste plant and dirt] materials from
[vegetable and flow] gardens, lawns and yards, [and brush]
prepared for collection in conformance with city requirements.
June 6, 2001
16
COMPOSTING MATERIALS – Yard trimmings, vegetable wastes and
other organic matter managed for the purpose of natural
transformation into compost and stored in a container or compact
pile that contains no sewage, sludge or septage; contains no
inorganic materials, such as metal, plastic or glass; and is
maintained in a manner to minimize odors and the attraction of
insect and animal pests.
GARBAGE –
A. Discarded materials generated from the activities
of a household, business, institution, or public or quasi-
public facility, consisting of
(1) Food wastes, including but not limited to kitchen
and table scraps, decaying or spoiled vegetable, fruit and animal
matter, and fallen fruit.
(2) Any other used or discarded waste materials such as
paper, plastic, metal, rags, food wrappings and containers,
sweepings, rubber, leather, cloth, clothing, waste materials from
normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, ashes, wood, and glass.
B. “Garbage” does not include properly prepared and
stored recyclable materials or collectible yard wastes, properly
stored and maintained composting materials, rubble, bulk items,
industrial waste, hazardous materials, automobile or other motor
vehicle tires, or any other material that the City or private
waste hauler has specified will not be picked up curbside at a
property as part of the regular collection.
HAZARDOUS MATERIALS – means, without regards to amount and/or
concentration, petroleum, petroleum distillates or products,
polychlorinated biphenyls (PCBs), asbestos, formaldehyde,
radioactive materials, and any substances which are defined as (or
otherwise included in the definition of) “hazardous substances,”
“hazardous materials,” “hazardous wastes,” “toxic substances,”
“toxic pollutants,” “pollutants,” or “contaminants” under any
federal or New York State law, statute, rule, regulation, or code.
INDUSTRIAL WASTE – [Chemical waste generated by any
industrial process or operation.] Any substance resulting from
any process of industry or manufacturing, including but not
limited to chemical waste, sludge from air or water treatment
facilities, and incinerator residue.
RECYCLABLE MATERIALS OR RECYCLABLES – [These include
materials defined as recyclable materials or recyclables pursuant
to county law.] Materials that are defined as recyclable
materials or recyclables pursuant to Tompkins County laws, rules
or regulations, have not become contaminated through household or
other use, and are fit for recycling.
REFUSE – [The rubbish,] Garbage, recyclable materials and
collectible yard wastes resulting from the normal day-to-day
operation of a household, business, institution or a public or
quasi-public facility. [“Refuse” may be generated by a household,
a business establishment or a public or quasi-public facility.]
“Refuse” does not include properly stored and maintained
composting materials, rubble, bulk items, industrial waste,
hazardous materials, automobile or other motor vehicle tires, or
June 6, 2001
17
any other material [not covered under this definition] that the
City or private waste hauler has specified will not be picked up
curbside at a property as part of the regular collection.
[RUBBISH:
A. Includes:
(1) Food wastes, including but not limited to table
cleanings; fruit, vegetable and
animal matter parings and scraps; decaying or spoiled
vegetable, animal and
fruit matter; and fallen fruit.
(2) Any paper, plastic, cardboard or other material used to
wrap, cover or contain
food, other than certain materials defined in this
section as “recyclable materials,”
and any other household waste resulting from the use,
consumption and
preparation of food.
(3) Any other waste materials, other than those materials
defined as “recyclables,”
such as plastic, metal, rags, drugs, health aids and
materials, sweepings,
excelsior, rubber, leather, cloth, clothing, waste
materials from normal
maintenance and repair activities, pasteboard,
crockery, shells, dirt, filth, ashes,
wood, glass and brick.
B. “Rubbish” does not include recyclable materials as
defined in this section. However, “rubbish” shall include
recyclable materials which cannot be recycled because of
secondary household use.]
SOLID WASTE – Any materials or substances that are discarded
or rejected as being spent, worthless, useless or in excess to
the owners or users at the time of such discard or rejection,
including but not limited to garbage, refuse, industrial waste,
hazardous materials, tires, rubble, discarded motor vehicles, and
discarded bulk items. Notwithstanding the foregoing, “solid
waste” shall not include properly prepared and stored recyclables
or collectible yard wastes, or properly stored and maintained
composting materials. 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:
(1) The object produces an offensive smell.
(2) 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 the weather.
(3) 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.
June 6, 2001
18
(4) The object is left, placed or stored in a manner which
appears likely to cause injuries.
SECTION 9. Chapter 196, Section 196-2A, entitled
“Collection,” is hereby amended as follows: The Department is
authorized to collect on a regular basis those waste materials
that constitute refuse, namely [rubbish] garbage, recyclable
materials and collectible yard wastes.
SECTION 10. Chapter 196, Section 196-3B, entitled
“Preparation and placement at curb,” is hereby amended as
follows: No person shall place any [rubbish] garbage at or near
any curb, sidewalk or street for purposes of collection [by the
Department] unless that person complies with one or both of the
following requirements:
(1) Each person shall provide and utilize separate
containers for disposal of [rubbish] garbage. Any such
containers shall be made of metal, plastic or other suitable
material, shall have tight-fitting covers, shall have handles on
the top and sides and shall be shaped so that all materials flow
freely when the container is dumped. No such container shall
exceed 32 gallons in capacity, and, when filled, no such
container shall weigh more than [100] seventy (70) pounds.
(2) Each person shall provide and utilize disposable
plastic bags for disposal of rubbish. Any such bag shall be at
least 1.5 mils thick and sufficiently strong to contain the
materials enclosed. When filled, each such bag shall be securely
tied and shall weigh no more than fifty (50) pounds.
SECTION 11. Chapter 196, Section 196-3D, entitled
“Preparation and placement at curb,” is hereby amended as
follows: No person shall place any recyclable materials at or
near any curb, sidewalk or street for purposes of collection [by
the Department] unless that person separates the recyclable
materials, [and] prepares and places them at or near the curb,
sidewalk or street in a manner consistent with that required by
county and state rules and regulations, and complies with the
requirements of City Code Section 178-3K.
SECTION 12. Chapter 196, Section 196-3F, entitled
“Preparation and placement at curb,” is hereby amended as
follows: Refuse, as well as any other waste material the
Superintendent announces will be collected, shall be placed for
collection [by the Department] at or near a curb, sidewalk or
street after 2:00 p.m. on the day prior to the day designated for
collection and before [5:30] 4:00 a.m. on the day designated for
collection. For collections performed by the Department, there
[There] will be no callbacks to collect refuse or any other
wastes that are placed for collection after [5:30] 4:00 a.m. on
the designated collection day.
SECTION 13. The first sentence of Chapter 196, Section 196-
4, entitled “Removal of empty containers,” is hereby amended as
follows: All empty refuse containers and any other empty waste
containers shall be removed from the curb, sidewalk or street
where they have been placed as soon as possible after collection
[by the Department] and, in any event, on the same day as
collection.
June 6, 2001
19
SECTION 14. Chapter 196, Section 196-5, entitled “Removal
of uncollected materials,” is hereby amended as follows: Where
the Department or private hauler has not collected certain refuse
and/or waste materials because those materials were not placed or
prepared in accord with the provisions of this chapter and/or the
private hauler’s requirements, the person responsible for putting
those waste materials at or near a curb, sidewalk or street for
collection [by the Department] shall remove those wastes from
that location as soon as possible after the Department or private
hauler has refused collection and, in any event, by the end of
the designated collection day.
SECTION 15. Chapter 196, Section 196-8, entitled
“Collection or removal of recyclables,” is hereby amended as
follows: From the time any person places any recyclable materials
at or near any curb, sidewalk or street for purposes of
collection [by the Department], no person who is not acting under
authority of the city, Tompkins County, or [its] their authorized
agents [agent] shall collect, pick up, remove or cause to be
collected, picked up or removed any recyclable materials so
placed for collection, and each such unauthorized collection,
pickup or removal shall constitute a separate violation of this
chapter. However, where the Department or County has refused to
collect certain recyclable materials because they have not been
placed or treated in accord with the provisions of this chapter,
the person responsible for initially placing those materials for
collection may and shall remove those materials from any curb,
sidewalk or street side in accord with the provisions of this
chapter.
SECTION 16. Chapter 325, Section 325-15D, entitled “Use
regulations,” is hereby amended as follows: Garage sales. No
household, garage, porch or yard items for sale may be stored in
the open or continually displayed within any district where the
same may be construed by proper authority to be a menace to the
public health or safety or may be held to have a detrimental
influence upon adjacent properties or upon the neighborhood at
large. Household, garage, porch or yard sales shall not be held
on a property for more than seven (7) days (including weekends)
in a calendar month, nor shall such sales be held on a property
during the weekend for more than two consecutive weekends or for
more than two weekends in any month. For the purposes of this
subsection, “weekend” shall mean Saturday and/or Sunday. This
prohibition should not be construed to ban household, garage,
porch or yard sales themselves as long as they do not exceed the
frequencies listed in this subsection.
SECTION 17. Severability is intended throughout and within
the provisions of the ordinance. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is held to
be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of
the remaining portions of this ordinance.
SECTION 18. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
Alderperson Hershey wanted to take this opportunity to thank Susan
Brock and Susan Blumenthal, the Committee and the Committee
workers who spent many, many hours putting this together.
June 6, 2001
20
City Attorney Schwab wanted to make note for the record that the
proposed ordinance was referred to the County Department of
Planning pursuant to Section 239 LM of the New York State General
Municipal Law and we did receive comments back from them that
their determination had no negative, inter-community, State or
County impacts.
Carried Unanimously
Resolution to Open Public Hearing
By: Alderperson Spielholz, Seconded by: Blumenthal
RESOLVED, That a Public Hearing to Consider an Ordinance to Amend
Chapter 325 Entitled Zoning of the City of Ithaca Municipal Code
Regarding Proposed Zoning in the Collegetown Area be declared open
The following people spoke regarding the proposed zoning in the
Collegetown Area:
Frances Weissman, City of Ithaca, supports proposed legislation.
Mary Tomlan, City of Ithaca, supports proposed legislation.
Doreen Rudan – City of Ithaca, concerned about 224 Bryant Avenue,
requests that it not be included in the re-zoning of the
Collegetown Area.
Resolution to Close Public Hearing
By: Alderperson Hershey, Seconded by: Pryor
RESOLVED, That the Public Hearing to Consider an Ordinance to
Amend Chapter 325 Entitled Zoning of the City of Ithaca Municipal
Code regarding Proposed Zoning in the Collegetown Area be
declared closed.
June 6, 2001
21
ADDITIONS TO OR DELETIONS FROM THE AGENDA
Planning – remove 18.6
19.4 report not discussed
MAYOR'S APPOINTMENTS: ---***JULIE LOOK AT RESUMES TO GET TERMS**
Resolution
By: Mayor Cohen, Seconded by: Pryor
RESOLVED, That Common Council approves the appointments of Byron
Suber and Helen Snyder to serve on the Landmarks Commission
Board.
RESOLVED, That Common Council approves the appointments of Greg
Kazouski and Michelle Hardy-Cook to serve on the Disability
Advisory Council.
RESOLVED, That Common Council approves the appointments of John
Pirko and Alvin Nelson to serve on the Ithaca Housing Authority
Board.
RESOLVED, That Common Council approves the appointment of Steven
Beer to serve on the Board of Zoning Appeals.
RESOLVED, That Common Council approves the appointment of
Christopher Anagnost to serve on the Housing Board of Review.
RESOLVED, That Common Council approves the appointment of Lauren
Signer to serve on the Affirmative Action Advisory Committee.
RESOLVED, That Common Council approves the appointment of G.
Zurenda to serve on the Planning Board Committee.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Council to express their concern
and disapproval of the forced removal and arrest of Fay Gougakis
during the Exterior Property Maintenance Ordinance public hearing
at the June 6, 2001 Common Council meeting:
Fay Gougakis, City of Ithaca
Joe Wetmore, Town of Ithaca
Frances Weissman/Nancy Kelly, City of Ithaca
Bonnie Blanding-May, City of Ithaca
Richard Entlich, City of Ithaca
Neil Oolie, City of Ithaca
Lauren Serafin, City of Ithaca
Dan Cogan, City of Ithaca
Dick Booth, City of Ithaca addressed Council regarding the
termination of former Building Commissioner Richard Eckstrom.
Gary Jayne, City of Ithaca addressed Council regarding the
improvement of governmental operations and procedures.
Joel Harlan – Town of Dryden, support of Fay Gougakis, political
corruption, support of South West Development.
Dan Hoffman, City of Ithaca, SW re-zoning proposal – Planning
Board requests (Land Use Plan); where should “set aside” land be.
COMMUNICATIONS FROM PUBLIC (Read by City Clerk)
Joel Savishinsky, City of Ithaca – regarding Collegetown East
Hill re-zoning.
June 6, 2001
22
Nancy Kelly, Bryant Park Resident, in support of re-zoning of
Collegetown/East Hill re-zoning.
Camille Ouckama, City of Ithaca, West Hill traffic problems.
RESPONSE TO THE PUBLIC:
Joan Spielholz, apologized for what happened last week, regrets
her actions during the chaos last week. Hopes something like
that never happens again.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
None
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Hershey reports that 6/21/01 from 5:30 p.m. to 8:30
p.m. in the small pavilion at Stewart Park will be the third
annual Brooklynites in Ithaca reunion.
COMMUNICATIONS FROM THE MAYOR:
By Mayor Cohen
Quarterly Employee Recognition – Rose Tucker. For her assistance
to Caroline Copensky during a medical emergency.
Mayor Cohen announced the following proclamation:
June is National Aphasia Awareness month.
Mayor Cohen reported that he has had some communication from the
representative of the EPA. They are still waiting for the final
sign off paperwork on the Ithaca Falls clean-up, they are hopeful
that it will come within a matter of weeks and they do hope to
start that clean up by the end of June. They also plan on being
on site through the end of this calendar year.
Mayor Cohen reported on a recent MPO meeting that is the Ithaca
Tompkins County Transportation Council. Typically the work done
there is fairly route. Something came up at a recent meeting that
he wanted to share. Mayor Cohen would like to start getting some
of these items into our institutional memory because there are
things that are acted on over a period of years. What is called
the Transportation Improvement Program had some new items added
to it some of them with funding and some of them without funding.
Two items that were added with funding were reconstruction of
both Coddington Road and Warren Road. Mayor Cohen raised some
questions at the meeting about the design of the road, the
widening of it, issues of traffic calming, and several other
issues that are important to our entire community. Coddington
Road feeds right into our South Hill neighborhood and so there is
a direct correlation in the traffic that is fed in there. We
have no idea what the design of this reconstruction is going to
be like yet. The MPO will be voting again on funding for these
two projects in most likely two years from now. Mayor Cohen has
made it pretty clear to his colleagues on the MPO that the City
is not interested in doing business as usual and we want to see
some of the design work ahead of time. If we don’t see that
design work a head of time, the City might not support this
reconstruction project even though it is necessary. The City
does need to see and to remind Council that the MPO does operate
on a consensus basis. If the City says no then the project does
not happen. Mayor Cohen would like to see this project happen,
but he also wants to see it happen in a way that enhances our
community. Mayor Cohen will keep everyone posted on issues like
June 6, 2001
23
this as they come forward and if it takes more than two years and
one of you is in the Mayor’s seat at the MPO or something like
that, this is an issue that you need to be aware of and in
general these issues are things that we need to be aware of as a
City.
REPORT OF THE CITY CLERK:
No report
REPORT OF THE CITY CONTROLLER:
No report
REPORT OF THE CITY ATTORNEY:
No report
June 6, 2001
24
Consent Agenda Items:
16.1 Planning Department – Endorsement of Cayuga Waterfront
Trail Initiative
By Alderperson Vaughan, Seconded by Alderperson Pryor
WHEREAS, the Tompkins County Chamber of Commerce is sponsoring
the Cayuga Waterfront Trail Initiative to assist the City of
Ithaca in the design and fundraising for the Cayuga Waterfront
Trail, and
WHEREAS, the Tompkins County Chamber of Commerce is planning to
begin soliciting trail construction funds during the summer of
2001 through a Buy-A-Brick program and sponsorship of other trail
amenities, including benches, mileage markers and trail
directories, and
WHEREAS, the City of Ithaca will form a Client Committee to
oversee the design and location of all brick trailhead plazas and
trail amenities; now, therefore, be it
RESOLVED, That Common Council hereby endorses the Chamber of
Commerce’s efforts to raise funds for the construction of the
Cayuga Waterfront Trail through a Buy-A-Brick campaign and
through soliciting sponsorship of other City-approved trail
amenities.
Carried Unanimously
16.2 Chamberlain – Request Approval of Change to Tax Roll
By Alderperson Vaughan, Seconded by Alderperson Pryor
WHEREAS, the taxable status of 715-21 Willow Avenue was
incorrectly reported on the 2000 Assessment Roll and subsequent
tax rolls, and
WHEREAS, the County Director of Assessment recommends that the
application for correction to the 2001 Tax Rolls be approved;
now, therefore, be it
RESOLVED, That the City Chamberlain be directed to correct the
2001 City Tax Rolls, and be it further
RESOLVED, That the City Chamberlain refund any taxes previously
paid.
Carried Unanimously
16.3 City Attorney – Request Additional Funds for Outside
Legal Services
By Alderperson Vaughan, Seconded by Alderperson Pryor
WHEREAS, former City Attorney Mariette Geldenhuys resigned her
position at the end of the year 1999, and
WHEREAS, Norma W. Schwab did not assume the office of City
Attorney until July 2000, and
WHEREAS, Attorney Susan Brock was retained by the City during
that period of time to provide legal services on several issues
and projects for the City, and
WHEREAS, Susan Brock has had significant involvement in the
formulation and drafting of the Exterior Property Maintenance
Ordinance, and the Telecommunications Ordinance, and
June 6, 2001
25
WHEREAS, there is still work to be done to complete both
Ordinances, and
WHEREAS, it is neither efficient nor practical to require City
Attorney Norma W. Schwab to develop the necessary background or
expertise in these two specific areas to complete the Ordinances,
and
WHEREAS, Attorney Susan Brock has estimated that, assuming no
major revisions to either Ordinance, no more than an estimated
Five Thousand Dollars ($5,000.00) in legal fees will be
necessitated; now, therefore, be it
RESOLVED, That Common Council hereby approves that an amount not
to exceed $5,000.00 be transferred from account A1990
Unrestricted Contingency to the City Attorney’s Office account
A1420-5435 Contractual Services for payment to Susan Brock, upon
receipt of appropriate invoices, for legal services regarding the
Exterior Property Maintenance Ordinance and Telecommunications
Ordinance and any related matters.
Carried Unanimously
16.4 Police Department – Request to Amend 2001 Budget for
Criminal Justice Service Grant
By Alderperson Vaughan, Seconded by Alderperson Pryor
WHEREAS, the Ithaca Police Department has received a notice of
award for an $8,500 State of New York Division of Criminal
Justice Service (DCJS) Grant, and
WHEREAS, the grant funds will be used to purchase computers for
patrol vehicles to assist the traffic unit of the Police
Department; now, therefore, be it
RESOLVED, That Common Council hereby approves the following 2001
Budget Amendment in the amount not to exceed $8,500 for the
purposes of accepting said DCJS Grant:
Increase Revenue Account:
A3120-3389-5001 State Aid $8,500.00
Increase Appropriation Account:
A3120-5210-5001 Office Equipment $8,500.00
Carried Unanimously
16.5 Controller’s Office – Request to Amend 2001 Budget
By Alderperson Vaughan, Seconded by Alderperson Pryor
RESOLVED, That Common Council hereby approves the following
budget amendment to the 2001 City Budget:
Increase Revenue Account:
A1420-2680 Insurance Recoveries $180,000
Increase Appropriation Account:
A1420-5435 Attorney Contracts $180,000
Carried Unanimously
June 6, 2001
26
16.6 Human Resources - Request to Authorize Memorandum of
Understanding
By Alderperson Vaughan, Seconded by Alderperson Pryor
WHEREAS, Gary Gleason passed away recently, after fourteen years
of dedicated and exemplary service to the City of Ithaca as its
Chief Wastewater Treatment Plant Operator, and
WHEREAS, his surviving spouse, Patricia, does not need health
care coverage under the terms of the Executive Association
contract; now, therefore, be it
RESOLVED, That a Memorandum of Understanding between the City and
the Executive Association be hereby authorized to pay $2,201.51
in unused sick leave to his surviving spouse.
Carried Unanimously
16.7 City Clerk – Request to Amend Personnel Roster
By Alderperson Vaughan, Seconded by Alderperson Pryor
RESOLVED, That the Personnel Roster of the City Clerk’s Office be
hereby amended by increasing the hours of the Administrative
Secretary position from 35 hours to 40 hours effective June 11,
2001, and, be it further
RESOLVED, That an amount not to exceed $2,000 be transferred from
account A1990 Unrestricted Contingency to Account A1316-5110.
Carried Unanimously
June 6, 2001
27
REGULAR AGENDA ITEMS:
17. Neighborhood and Community Issues Committee:
17.1An Ordinance Amending Sections 146-8 and 146-52 of the City
of Ithaca Municipal Code
By Alderperson Pryor, Seconded by Alderperson Taylor
ORDINANCE 01-
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1. Amendments.
Chapter 146 of the City of Ithaca Municipal Code is hereby
amended as follows:
ARTICLE III, Unsafe Buildings
§ 146-8. Identification and notification.
A. The Building Commissioner may order any building which, in
his/her opinion, is unsafe or is not provided with sufficient
means of egress or exits in case of fire to be vacated forthwith.
B. All buildings or structures which are structurally unsafe,
insanitary or which constitute a fire hazard or are otherwise
dangerous to human life or which, in relation to existing uses,
constitute a hazard to safety or health by reason of inadequate
maintenance, dilapidation, obsolescence or abandonment are
severally, for the purpose of this article, unsafe buildings. All
such unsafe buildings are hereby declared to be illegal and shall
be abated by repair or demolition in accordance with the procedure
of this article.
C. Whenever the Building Commissioner shall find any building,
[of] structure or portion thereof to be unsafe, as defined in this
article, the Building Commissioner shall cause service of notice
upon the owner and all other persons having any interest in such
property upon which the unsafe building is located, either
personally or by registered mail, addressed to his/her last known
address as shown by the records of the Assessor's office of the
city and/or in the office of the County Clerk, containing a
description of the premises, a statement of the particulars in
which the building or structure is unsafe or dangerous and an
order of the Building Commissioner requiring the same to be
repaired or removed; and if such service is made by registered
mail, the Building Commissioner shall cause the posting of a copy
of such notice on the premises.
(1) If the Building Commissioner finds that there is actual and
immediate danger of failure or collapse so as to endanger life,
such notice shall also require the building, structure or portion
thereof to be vacated forthwith and not reoccupied until the
specific repairs and improvements are completed, inspected and
approved by the [building official.] Building Commissioner or
his/her designee. The Building Commissioner shall cause to be
posted at each entrance to such building a notice: “THIS BUILDING
IS UNSAFE AND ITS USE AND OCCUPANCY HAS BEEN PROHIBITED BY THE
BUILDING [DEPARTMENT] COMMISSIONER OF THE CITY OF ITHACA, NEW
YORK. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REMOVE, DEFACE, OR
DESTROY THIS NOTICE WITHOUT PERMISSION FROM THE BUILDING
COMMISSIONER”. Such notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful
for any person, firm or corporation or their agents or servants to
remove such notice without written permission of the Building
Commissioner or for any person to enter the building except for
the purpose of making the required repairs or of demolishing said
building. The owner of the subject building or structure shall be
June 6, 2001
28
responsible for obtaining the requisite permit pursuant to Section
146-7 before commencing the repairs or demolition.
(2) In cases of emergency which, in the opinion of the
Building Commissioner, involve imminent danger to human life or
health, he/she shall promptly cause such building, structure or
portion thereof to be made safe or removed. For this purpose, the
Building Commissioner or his/her designee may at once enter such
structure or land on which it stands, or abutting land or
structure, with such assistance and at such cost as may be
necessary. The Building Commissioner may order that [vacate]
adjacent structures be vacated and may protect the public by
appropriate barricades or such other means as may be necessary and
for this purpose may close a public or private way.
D. The notice shall contain the time within which the owner so
served shall commence the repair or removal of such unsafe
building.
E. The notice may also be filed in the office of the County
Clerk, which notice shall be filed by the Clerk in the same manner
as a notice of pendency pursuant to Article 65 of the Civil
Practice Law and Rules and shall have the same effect as a notice
of pendency as therein provided, except as otherwise hereinafter
provided in this Subsection. A notice so filed shall be effective
for a period of one year from the date of filing; provided,
however, that it may be vacated upon the order of a Judge or
Justice of a court of record or upon the consent of the City
Attorney. The County Clerk shall mark such notice and any record
or docket thereof as canceled of record upon the presentation and
filing of such consent or of a certified copy of such order.
F. The notice shall further contain [a time and place for a
hearing to be held before the Building Code Board of Appeals in
the city not less than two weeks nor more than four weeks from the
date of service of said notice] a statement that a hearing can be
requested in writing to the Building Commissioner within five (5)
days of receipt of the notice.
G. [In the event that a hearing is held or if the owner does not
appear and it is determined by the Building Code Board of Appeals
that there is an unsafe building located upon the premises and the
owner fails to commence the repair or removal of the unsafe
building within the time specified in the notice of determination,
the Building Commissioner shall notify the Superintendent of
Public Works that the owner has failed or refuses to repair or
remove the unsafe building within the time provided.] If a
hearing is requested, the same shall be held before the Building
Code Board of Appeals not less than two weeks nor more than four
weeks after the request for a hearing is received. The person
requesting the hearing shall be notified in writing at least seven
(7) days prior to the hearing of the time and place of the
hearing.
H. In the event that a hearing is held or if the owner does not
appear and it is determined by the Building Code Board of Appeals
that there is an unsafe building located upon the premises and the
owner fails to commence the repair or removal of the unsafe
building within the time specified in the notice of determination,
the Building Commissioner shall notify the Superintendent of
Public Works that the owner has failed or refuses to repair or
remove the unsafe building within the time provided.
§ 146-52. Penalties for aggravated violation. [Added 3-4-1992 by
Ord. No. 92-3]
If any person fails to comply with the written order of the
Building Commissioner within the time fixed for compliance
therewith or if any owner, builder, architect, tenant,
June 6, 2001
29
contractor, subcontractor, construction superintendent or their
agents or any other person taking part or assisting in the
construction or use of any building or any property should
knowingly violate any of the applicable provisions of law or any
lawful order, notice, directive, permit or certificate of the
Building Commissioner made thereunder and, as a result of such
failure to comply or such violation, injury occurs to any person
[or], [properties] property or building, whether or nor the
person, property or building so injured is the cause or subject
of said violation(s), then [as result of such failure to comply
or such violation,] the person who failed to comply with the
written order of the Building Commissioner or the person who
knowingly violated the applicable provision of law or order,
notice, directive, permit or certificate of the Building
Commissioner shall be guilty of a misdemeanor and shall be
punishable by a fine of not more than $1,000 or imprisonment for
not more than one year. For the purpose of establishing the
maximum amount of fine that may be assessed, each day that a
violation continues shall be deemed a separate offense.
Section 2. Severability.
Severability is intended throughout and within the
provisions of the ordinance. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is held to
be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date.
This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the
Ithaca City Charter.
Carried Unanimously
June 6, 2001
30
18. Planning Committee:
18.1(A) Southwest Area Rezoning - Declaration of Lead Agency for
CEQR/SEQR
By Alderperson Farrell, Seconded by Alderperson Manos
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed Southwest Area rezoning is an "Unlisted"
Action pursuant to the City of Ithaca Environmental Review
Ordinance and the New York State Environmental Quality Review
Act, which requires review under the City's Environmental Quality
Review Ordinance; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review for the
proposed Southwest Area rezoning.
Carried Unanimously
18.1(B) An ordinance amending the Municipal Code of the City of
Ithaca, Chapter 325, Section 325-4 ‘Zoning” to Change the Zoning
Designation of Certain Areas of the City from B-5, B-2a
(Business), I-1 (Industrial) and MH-1 (Mobile Home) as applicable
to the Southwest District (SW-1/SW-2/SW-3
By Alderperson Farrell, Seconded by Alderperson Spielholz
WHEREAS, the City of Ithaca is proposing a zoning amendment which
would create a new zone to be known as the Southwest District,
SW, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a Long Environmental Assessment Form
(LEAF), and
WHEREAS, the proposed action is a Type I action under the City
Environmental Quality Review Act (CEQR Sec. 176-12B), and
WHEREAS, Pursuant to § 239 –l and –m of the New York State
General Municipal Law, the Tompkins County Department of Planning
has reviewed and commented on the proposed rezoning, and
WHEREAS, The Conservation Advisory Council (CAC) and Planning
Board for the City of Ithaca has reviewed and commented on the
proposed rezoning, and
WHEREAS, on April 4, 2001 Common Council adopted the Southwest
Area Land Use Plan which included rezoning certain areas of the
City from B-5, B-2a (Business), I-1 (Industrial) and MH-1 (Mobile
Home) as applicable to the Southwest District (SW-1/SW-2/SW-3,
and
WHEREAS, the Common Council for the City of Ithaca, acting as
Lead Agency, has reviewed the LEAF Part I and Part II, dated July
17, 2000, and Part III dated July 17, 2000, revised April 26,
2001, for the Southwest Zoning District and prepared by City of
June 6, 2001
31
Ithaca Planning Staff, comments prepared by the Tompkins County
Department of Planning and the City of Ithaca Conservation
Advisory Council, and Planning & Development Board supplemental
information, and has determined 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 adopts as its own, the findings and conclusions
more fully set forth on the Long Environmental Assessment Form
Parts I, II, and III, and
BE IT FURTHER RESOLVED, that this Common Council, as lead agency,
hereby determines that the proposed action at issue will not have
a significant effect on the environment, and that further
environmental review is unnecessary, and
BE IT FURTHER RESOLVED that this resolution constitutes notice of
this negative declaration and that the City Clerk is hereby
directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to
any other parties as required by law.
8-0-1 Vaughan recused Carried
18.1 (c) AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, CHAPTER 325, ENTITLED "ZONING" TO CHANGE THE ZONING
DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA AND TO
ESTABLISH APPROPRIATE DISTRICT REGULATIONS.
By Alderperson Farrell, Seconded by Alderperson Hershey
BE IT ORDAINED AND ENACTED by Common Council of the City of
Ithaca that Chapter 325, Section 325-4 of the Municipal Code of
the City of Ithaca be amended to create a new zoning district to
be known as the Southwest District (SW-1/SW-2/SW-3).
Section 1. Declaration of the Legislative Findings and
Purpose
The Common Council finds that this Ordinance:
1. Will support the goals set forth in the Southwest Area
Land Use Plan.
2. Will ensure development in this area of the City
creating an urban pattern.
3. Will reinforce the Design Guidelines for the Southwest
Area, Meadow Street, and Elmira Road Corridor.
4. Will provide opportunities for large-scale
development currently lacking in other parts of the
City.
5. Will restrict the number of small stores allowed in the
Southwest Area that could potentially limit the amount
of land available for large-scale development.
Section 2. Chapter 325, Section 325-5 of the Municipal Code
of the City of Ithaca is hereby amended to change the zoning
designation of the following area from B-5, B-2a (Business), I-1
(Industrial) and MH-1 (Mobile Home) as applicable to the
Southwest District (SW-1/SW-2/SW-3), portions of which are shown
on the attached map.
June 6, 2001
32
Section 3. Section 325-8 of the Municipal Code of the City
of Ithaca is hereby amended as follows to establish district
regulations for the new SW District and Sub-Districts as follows:
Permitted Primary Uses:
SW-1: 1. Any use permitted in B-5 except offices as a primary
use, (with the exception of medical and dental, or
unless the office is a minimum of 25,000 square feet
with a single tenant), motor vehicle sales and service,
gasoline stations as a primary use, and redemption
centers.
2. Light industrial and manufacturing; wholesaling,
warehousing, storage and handling of bulk goods,
lumberyards, printing, heating, plumbing, welding, and
air conditioning.
3. Recreational or cultural facility such as park,
playground, and museums.
SW-2: 1. Any use permitted in B-5.
2. Light industrial and manufacturing; wholesaling,
warehousing, storage and handling of bulk goods,
lumberyards, printing, heating, plumbing, welding, and
air conditioning.
3. Recreational or cultural facility such as park,
playground, and museums.
SW-3:Same as SW -1
Permitted Accessory Uses:
SW-1: Any accessory use permitted in B-5, except gasoline
filling stations and redemption centers.
SW-2: Any accessory use permitted in B-5
SW-3: Same as SW - 1
Off-Street Parking Requirements:
SW-1: Same as B-5
SW-2: Same as SW-1
SW-3: Same as SW-2
Off-Street Loading Requirements:
SW-1: Same as B-5
SW-2: Same as SW-1
SW-3: Same as SW-2
Minimum Lot Size:
SW-1: 1. Area in Square Feet - 10,000
2. Width in Feet at Street Line - 40 ft.
SW-2: Same as B-5
2. Width in Feet at Street Line – Same as SW-1
SW-3: Same as SW-2
Maximum Building Heights:
SW-1: 1. Number of Stories - 5
2. Height in Feet - 60
SW-2: Same as SW-1
SW-3: 1. Number of Stories – 2
2. Height in Feet – 40
Maximum percent lot coverage by buildings:
SW-1: Maximum 60%
SW-2: Same as SW-1
SW-3: Same as SW-2
June 6, 2001
33
Subject to further provisions of § 325-30.
Yard Dimensions:
SW-1: 1. Front Yard - maximum 30 feet from curb1
2. Side Yards - none required
3. Rear Yard - 15% or 20 feet, whichever is less
SW-2: 1. Front Yard - minimum 15; maximum 34 feet from curb.
2. Side Yard – Same as SW-1.
3. Rear Yard – Same as SW-1.
SW-3: Same as SW-2.
Subject to further provisions of § 325-30.
Minimum height of building:
SW-1: None.
SW-2: Same as SW-1
SW-3: Same as SW-2
Minimum store size:
SW-1: 5000 square feet
SW-2: None
SW-3: Same as SW-1
Section 4. Chapter 325, Article V of the Municipal Code of
the City of Ithaca entitled "Supplementary Regulations" is hereby
amended to add a new section to be known as Section 325-30
Southwest District to read as follows:
A. General Note.
Any and all development projects within the SW-1 district and
sub-district SW-2 and SW-3 shall be subject to the guidelines set
forth in the Design Guidelines for the Southwest Area, Meadow
Street, and Elmira Road Corridor. The design guidelines shall be
implemented by the Planning Board during the Site Plan Review
(S.P.R.) process. No building permits shall be issued until the
Planning and Development Board has granted final site plan
approval and all conditions of site plan approval have been met.
B. Building Setback.
SW-1: A minimum of sixty percent (60%) of a lot's street
frontage must be occupied by a building or buildings. The
building or buildings, which occupy the front yard, may not
be setback more than 30 feet from the curb. The Planning
Board may allow a portion, not to exceed a third of the
required 60% building frontage to be occupied by an
integrated architectural wall.
SW-2: A minimum of 35% of a lot’s street frontage must be
occupied by a building or buildings. The building or
buildings, which occupy the front yard, may not be setback
more than 34 feet from the curb. The Planning Board may
allow a portion, not to exceed a third of the required 35%
building frontage to be occupied by an integrated
architectural wall.
SW-3: Same as SW-2
C. Minimum Store Size.
SW-1: Retail store size must be a minimum of 5,000 square
feet with the exception of individual freestanding
structures having only one tenant, food establishments,
banks, and light industrial uses. A freestanding structure
is considered one that has a minimum of fifty (50) feet of
June 6, 2001
34
separation from any other building. For buildings with
multiple tenants, each retail space must be at least 5000
square feet except that in any one building, there may be
one tenant with square footage of less than 5,000 square
feet.
SW-2: None
SW-3: Same as SW-1
Footnote:
Subject to further provisions of §325-30
That reference to the new section as described in the test ought
to be after minimum store size on page 3. In order for when the
new chart gets published, there needs to be a reference to that
section for minimum store size for any applicants that come to
the City so that they’ll know of the additional provisions
related to the 5,000 square foot minimum.
Blumenthal raised concerns regarding the inclusion of the 27.5
acres set aside land in this resolution as this has not been
discussed thoroughly by the Planning Committee or heard from
staff.
Motion by: Blumenthal, Second by: Spielholz
Amend first resolved, remove the 1st resolved clause.
Discussion followed on the floor regarding the control of the
Planning and Development Boards requests “minimum of 27 acres” –
Friendly amendment.
Section 5. The City of Planning and Development Board, the
City Clerk and the Planning Department shall amend the zoning map
and district regulations chart in accordance with the amendments
made herewith.
Section 6. Effective Date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
7-1 (Blumenthal)-1(Vaughan)
Carried
18.2 Southwest Area Development
By Alderperson Farrell, Seconded by Alderperson Pryor
Whereas, The Southwest Area Land Use Plan (dated 1994, with
addendum dated 1998, adopted by Common Council April 2001)
calls for rezoning parts of the southwest area in the City
of Ithaca, including the soon-to-be alienated Southwest
Park, and
Whereas, the Southwest Area Land Use Plan calls for the
development of the southwest area, including Southwest Park,
with a circulation and drainage system to serve the entire
area, and
Whereas, several questions remain regarding the disposition
of Southwest Park including protection of wetland and the
possibility of retaining certain parts of the park as
buffers, and
Whereas, the Common Council is committed to development in
the southwest area that is consistent with the Southwest
June 6, 2001
35
Area Land Use Plan and its attendant Generic Environmental
Impact Statement (GEIS) as adopted by the Common Council,
and
Whereas, it is important that the impacts of development in
the Southwest be mitigated in a timely manner, and
Whereas, the Common Council recognizes that City residential
neighborhoods have suffered the impacts of increased
vehicular traffic, and
Whereas, these traffic impacts will continue even without
extensive new development in the southwest area, now
therefore be it
Resolved, that it is Common Council’s intention to reserve a
minimum of 27 acres in Southwest Park and the abutting City-
owned land possibly to be sold at a future time only after
the City is able to gauge the impacts of development in the
rest of the southwest area, and in keeping with the
objective of limiting new retail and office space to one
million square feet, and be it further
Resolved that Common Council hereby makes a commitment to
creating, by the end of December 2001, an implementation
plan and project schedule, based on the results of the study
of the Six-Point Traffic Plan, and be it further
Resolved that Common Council restates its commitment to the
Southwest Area Land Use Plan and its Generic Environmental
Impact Statement (GEIS), including the Findings Statement,
and be it further
Resolved that Common Council affirms its support of the
Planning and Development Board in carrying out its
responsibilities in conducting site plan reviews in the
southwest area in accordance with the Southwest Area Land
Use Plan and GEIS, and be it further
Resolved that Common Council, in recognition of existing
traffic problems in residential neighborhoods, does hereby
recommit the City to mitigating the impacts of these traffic
problems through traffic calming; promotion of transit use,
walking and cycling; creation of safe pedestrian areas; and
such other mitigation measures as it may deem appropriate in
addition to such project as may arise from the Six-Point
Traffic Plan.
Carried Unanimously
18.3(A)An Ordinance Amending Sections of the Municipal Code
Regarding Exterior Property Maintenance – Designation of Lead
Agency Status for Environmental Review
By Alderperson Farrell, Seconded by Alderperson Blumenthal
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
June 6, 2001
36
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed ordinance DELETING SECTIONS 325-23B(2),
325-23B(3), 325-23B(4), AND 325-23C FROM CHAPTER 325, ENTITLED
“ZONING,” ADDING CHAPTER 178, ENTITLED “EXTERIOR PROPERTY
MAINTENANCE,” ADDING SECTION 325-29.2, ENTITLED “DUMPSTERS” AND
AMENDING SECTIONS 325-15D AND 325-46C OF CHAPTER 325, ENTITLED
“ZONING,” AMENDING SECTION 1-1B OF ARTICLE 1, ENTITLED
“PENALTIES,” SECTIONS 276-7A(2) AND 276-7A(12) OF CHAPTER 276,
ENTITLED “SITE PLAN REVIEW,” THE TITLE TO CHAPTER 196 AND
SECTIONS 196-1, 196-2A, 196-3B, 196-3C(1), 196-3D, 196-3F, 196-4,
196-5, 196-7, AND 196-8 OF CHAPTER 196, ENTITLED “GARBAGE,
RUBBISH AND REFUSE,” OF THE CITY OF ITHACA MUNICIPAL CODE
RELATING TO GARBAGE, RECYCLING, EXTERIOR PROPERTY MAINTENANCE,
SITE PLAN REVIEW AND YARD SALES, of the City Code is an
"Unlisted" Action pursuant to SEQR, and an "unlisted" Action
pursuant to CEQR which requires review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendments to Chapter 325 of the City Code.
Carried Unanimously
18.3 (B) An Ordinance Amending Sections of the Municipal Code
Regarding Exterior Property Maintenance –Declaration of No
Significant Environmental Effect
By Alderperson Farrell, Seconded by Alderperson Blumenthal
WHEREAS, AN ORDINANCE DELETING SECTIONS 325-23B(2), 325-23B(3),
325-23B(4), AND 325-23C FROM CHAPTER 325, ENTITLED “ZONING,”
ADDING CHAPTER 178, ENTITLED “EXTERIOR PROPERTY MAINTENANCE,”
ADDING SECTION 325-29.2, ENTITLED “DUMPSTERS” AND AMENDING
SECTIONS 325-15D AND 325-46C OF CHAPTER 325, ENTITLED “ZONING,”
AMENDING SECTION 1-1B OF ARTICLE 1, ENTITLED “PENALTIES,” SECTIONS
276-7A(2) AND 276-7A(12) OF CHAPTER 276, ENTITLED “SITE PLAN
REVIEW,” THE TITLE TO CHAPTER 196 AND SECTIONS 196-1, 196-2A, 196-
3B, 196-3C(1), 196-3D, 196-3F, 196-4, 196-5, 196-7, AND 196-8 OF
CHAPTER 196, ENTITLED “GARBAGE, RUBBISH AND REFUSE,” OF THE CITY
OF ITHACA MUNICIPAL CODE RELATING TO GARBAGE, RECYCLING, EXTERIOR
PROPERTY MAINTENANCE, SITE PLAN REVIEW AND YARD SALES, has been
submitted to Common Council for consideration, and
WHEREAS, appropriate environmental assessment forms have been
completed, and
WHEREAS, the proposed action is an “unlisted” action under the
State Environmental Quality Review Act, and is an unlisted 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, 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 hereby is,
June 6, 2001
37
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 (c) An Ordinance Amending Sections of the City of Ithaca
Municipal Code Regarding Exterior Property Maintenance – Adoption
of Ordinance
By Alderperson Farrell, Seconded by Alderperson Blumenthal
ORDINANCE NO. _________, 2001
AN ORDINANCE DELETING SECTIONS 325-23B(2), 325-23B(3), 325-
23B(4), AND 325-23C FROM CHAPTER 325, ENTITLED “ZONING,” ADDING
CHAPTER 178, ENTITLED “EXTERIOR PROPERTY MAINTENANCE,” ADDING
SECTION 325-29.2, ENTITLED “DUMPSTERS” AND AMENDING SECTIONS 325-
15D AND 325-46C OF CHAPTER 325, ENTITLED “ZONING,” AMENDING
SECTION 1-1B OF ARTICLE 1, ENTITLED “PENALTIES,” SECTIONS 276-
7A(2) AND 276-7A(12) OF CHAPTER 276, ENTITLED “SITE PLAN REVIEW,”
THE TITLE TO CHAPTER 196 AND SECTIONS 196-1, 196-2A, 196-3B, 196-
3D, 196-3F, 196-4, 196-5, AND 196-8 OF CHAPTER 196, ENTITLED
“GARBAGE, RUBBISH AND REFUSE,” OF THE CITY OF ITHACA MUNICIPAL
CODE RELATING TO GARBAGE, RECYCLING, EXTERIOR PROPERTY
MAINTENANCE, SITE PLAN REVIEW AND YARD SALES.
WHEREAS, the Common Council of the City of Ithaca wishes to
provide a minimum standard for the maintenance of the exterior
grounds and visible facades of all properties within the City,
and help provide stable and inviting neighborhoods and business
and commercial districts, and
WHEREAS, the City has received numerous complaints about garbage
and sanitary conditions, and wishes to prevent conditions that
attract rats, insects and other vermin, promote public health and
safety by prohibiting certain deficiencies in exterior property
maintenance which create or contribute to unhealthy or hazardous
conditions, and prevent deficiencies that could become an
attractive nuisance with regard to children, trespassers or
household pets; and
WHEREAS, the City wishes to protect property investment and the
tax base by maintaining and enhancing the quality of life in City
neighborhoods, preserving the aesthetic character of residential
neighborhoods, and ensuring attractive commercial districts;
ORDINANCE 01 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. Chapter 325, Section 325-23B(2), entitled
“Exterior property maintenance,” Sections 325-23B(3)-(4) and
Section 325-23C are hereby deleted in their entirety from Chapter
325 and the entire text is inserted in its entirety in new
Chapter 178, entitled “Exterior Property Maintenance,” with the
following amendments:
Chapter 178, EXTERIOR PROPERTY MAINTENANCE
June 6, 2001
38
§ 178-1. [325-23B(2)(a)] Declaration of purpose.
The purpose of this Chapter [subsection] is to provide a
minimum standard for the maintenance of the exterior grounds and
visible facades of all properties within the city. This Chapter
[subsection] is intended to help provide stable 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 unhealthy or hazardous conditions. This Chapter
[subsection] is also intended to ensure 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. The
adoption and enforcement of this Chapter [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.
§ 178-2. [325-23B(2)(b)] Definitions.
For the purposes of this Chapter [subsection], the following
definitions shall apply:
BULK ITEMS – Large items and materials, including furniture
(other than aluminum and plastic yard furniture), house
furnishings and large appliances, such as refrigerators, stoves,
washing machines and clothes dryers.
COLLECTIBLE YARD WASTES – Grass, leaves, brush, and other
plant wastes and soil materials from gardens, lawns and yards,
prepared for collection in conformance with city requirements.
DUMPSTER – A bulk storage container for garbage, recyclable
materials and other solid waste that can be hauled directly to
the point of disposal or emptied into a compactor-type truck for
disposal.
GARBAGE –
A. Discarded materials generated from the activities
of a household, business, institution, or public or quasi-
public facility, consisting of
(1) Food wastes, including but not limited to kitchen
and table scraps, decaying or spoiled vegetable, fruit and animal
matter, and fallen fruit.
(2) Any other used or discarded waste materials such as
paper, plastic, metal, rags, food wrappings and containers,
sweepings, rubber, leather, cloth, clothing, waste materials from
normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, ashes, wood, and glass.
B. “Garbage” does not include properly prepared and
stored recyclable materials or collectible yard wastes, properly
stored and maintained composting materials, rubble, bulk items,
industrial waste, hazardous materials, automobile or other motor
vehicle tires, or any other material that the City or private
June 6, 2001
39
waste hauler has specified will not be picked up curbside at a
property as part of the regular collection.
[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.]
HAZARDOUS MATERIALS – means, without regards to amount and/or
concentration, petroleum, petroleum distillates or products,
polychlorinated biphenyls (PCBs), asbestos, formaldehyde,
radioactive materials, and any substances which are defined as (or
otherwise included in the definition of) “hazardous substances,”
“hazardous materials,” “hazardous wastes,” “toxic substances,”
“toxic pollutants,” “pollutants,” or “contaminants” under any
federal or New York State law, statute, rule, regulation, or code.
INDUSTRIAL WASTE – Any substance resulting from any process
of industry or manufacturing, including but not limited to
chemical waste, sludge from air or water treatment facilities,
and incinerator residue.
RECYCLABLE MATERIALS OR RECYCLABLES – Materials that are
defined as recyclable materials or recyclables pursuant to
Tompkins County laws, rules or regulations, have not become
contaminated through household or other use, and are fit for
recycling.
REFUSE – Garbage, recyclable materials and collectible yard
wastes resulting from the normal day-to-day operation of a
household, business, institution or a public or quasi-public
facility. Refuse does not include properly stored and maintained
composting materials, rubble, bulk items, industrial waste,
hazardous materials, automobile or other motor vehicle tires, or
any other material that the City or private waste hauler has
specified will not be picked up curbside at a property as part of
the regular collection.
ROOF – The outer cover and its supporting structures on top
of a porch or building.
RUBBLE – Waste material typically resulting from
construction, demolition and major renovation activities,
including but not limited to waste cement, concrete, masonry,
bricks, tiles, sheetrock, plaster, shingles, lumber, telephone
poles, railroad ties, wooden pallets, doors and door frames,
windows and window frames and any similar material.
SOLID WASTE – [Includes] Any materials or substances that
are discarded or rejected as being spent, worthless, useless or
in excess to the owners or users at the time of such discard or
rejection, including but not limited to [materials or substances
such as] garbage, refuse, industrial waste, [and commercial
wastes,] hazardous materials, [sludge from air or water treatment
facilities, rubbish,] tires, [ashes, incinerator residue,
construction and demolition debris,] rubble, discarded motor
vehicles, and discarded bulk items. [household and commercial
June 6, 2001
40
appliances and discarded furniture.] Notwithstanding the
foregoing, “solid waste” shall not include properly prepared and
stored recyclables or collectible yard wastes, or properly stored
and maintained composting materials. 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:
(1) The object produces an offensive smell.
(2) 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 the weather
[precipitation].
(3) 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.
(4) The object is left, placed or stored in a manner which
appears likely to cause injuries.
§ 178-3. [325-23B(2)(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:
A. [(1)] text unchanged.
B. [(2)] That all garbage, when stored outside, is
completely contained in nonabsorbent, watertight, 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. Garbage containers shall not be stored in
front yards, or any other yards that have frontage on a public
street unless all yards on the property have frontage on public
streets. Composting materials, so long as they are maintained as
defined by this section, shall not be considered garbage.
C. [(3)] That solid waste, other than garbage stored in
proper containers and in the locations described above, and other
than recyclable materials stored in accordance with Section 197-
3K below, 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 be stored
in the public view for not more than 30 days. Rest of text
unchanged.
D. [(4)] That[, within all residential zoning districts] no
more than one unlicensed motor vehicle may be stored in the
public view in a side or a rear yard, and such storage shall be
in compliance with § 325-20. If there is no side or rear yard,
one unlicensed motor vehicle may be stored in the front yard in
compliance with § 325-20. However, this section shall not apply
to a motor vehicle which constitutes solid waste as defined in §
June 6, 2001
41
197-2 [§ 325-23B(2)(b)] above, nor shall it apply to licensed car
dealers in non-residential zoning districts.
E. [(5)] text unchanged.
F. [(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 [§
325-23B(2)(c)(5)] Section 178-3E above. Rest of text unchanged.
G. [(7)] text unchanged.
H. [(8)] text unchanged.
I. [(I)] text unchanged.
J. [(10)] text unchanged.
K. That recycling containers and recyclable materials
shall not be stored in front yards, or any other yards that have
frontage on a public street unless all yards on the property have
frontage on public streets. If recyclable materials are stored
in plastic bags, such bags must be made of clear plastic.
Recyclable materials placed at curbside before a scheduled
collection may not be in plastic bags. This prohibition against
the use of plastic bags at curbside shall not apply to
collectible yard wastes as long as the provisions of Code Section
196-3C(1) are met.
L. That all provisions regarding dumpsters set forth in
Code Section 325-29.2 are met.
§ 178-4. [325-23B(2)(d)] Standards for exterior structures.
It shall be the duty and responsibility of all owners of
property in the City of Ithaca to ensure:
A. [(1)] text unchanged.
B. [(2)] text unchanged.
C. [(3)] text unchanged.
D. That no furniture shall be permitted on any roof that
has not been specifically designed for occupancy and does not
have guardrails meeting the State Building Code requirements at
the time of construction. Roofs shall be kept free of solid
waste.
§178-5. [325-23B(2)(e)] Responsibilities of agents
delegated by property owners.
Property owners who do not reside in Tompkins County or one
of its contiguous counties must file an agency agreement with the
City Building Department designating an agent (i) to be
responsible for all of the responsibilities outlined in this
Chapter, and (ii) to accept service of process on behalf of the
property owner. Property owners residing within Tompkins County
June 6, 2001
42
or one of its contiguous counties may delegate the [The]
responsibilities outlined in this Chapter [§ 325-23B(2) may be
delegated] to an agent [by the property owner], so long as at the
time of any violation of this subsection, an agency agreement is
on file in the City Building Department. The property owner and
agent shall both be liable for violations of this Chapter and the
City may bring an enforcement action against either the property
owner or agent, or both. If a property owner who does not reside
in Tompkins County or one of its contiguous counties fails to
file an agency agreement with the Building Department within
sixty (60) days of the effective date of this law, then the City
Clerk shall be deemed to be the owner’s agent for the limited
purpose of accepting service of process on behalf of the owner.
All agency agreements shall be in the form specified by the City
Building Department and [which contains] shall contain at a
minimum 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 business in Tompkins County. Post office
boxes will not be accepted as addresses for agents. The owner
shall be responsible for informing the Building Department in
writing of changes to the owner’s and agent’s addresses and
telephone numbers that occur after the owner files the agency
agreement with the Building Department. The property owner may
not designate a residential tenant as the agent pursuant to this
section, except where such designation is contained in an
employment agreement between the property owner and the tenant.
The employment agreement shall not be contained in the lease
agreement between the property owner and the tenant, and the
tenant’s acceptance of designation as the agent shall not be a
condition of the lease agreement.
§ 178-6. New construction.
For new construction of multiple dwellings, commercial
buildings, and office buildings, facilities for the storage and
collection of solid waste and recyclable materials shall be
subject to and meet the requirements of Code Section 276-7A(12).
§ 178-7. [325-23B(3)]Notification when City intends to
correct violation.
In any case in which the city intends to correct a violation
of this Chapter [§ 325-23B(1) or (2)] and then bill the property
owner for the correction [the of] of the violation, the Building
Commissioner or his/her designee shall notify the owner of the
property, and, where relevant the registered agent who has
assumed responsibility as outlined in § 197-5 [325-23B(2)(e)] of
this Code, in writing, of any violation of this Chapter
[section]. Such notice shall be served in person or by mail to
the address appearing on the city tax roll, requiring such
person, within a time specified in such notice but in no event
less than five days from the service or mailing thereof, to
comply with this Chapter [section] and to cause the grass, brush
or solid waste [rubbish] to be cut back or removed or, if
graffiti, to have the same removed so as to comply with this
Chapter [section]. Rest of text unchanged.
June 6, 2001
43
§ 178-8. [325-23B(4)] Board of Zoning Appeals
exemptions.
In cases where the Board of Zoning Appeals finds that a
property is of such size or of such topographical characteristics
as to make compliance with this Chapter [section] impractical or
a financial hardship to the owner, the Board may grant an
exemption (or a partial exemption to the extent dictated by the
special circumstances) from the requirement. Similarly, if the
Board finds that there exists a situation involving desirable
plant species or animal habitats deemed worthy of preserving, it
may grant an exception from the requirements.
§ 178-9. [325-23C] Liability for area between sidewalk and
curb.
Property owners shall be liable for any injury or damage
resulting from or caused by reason of omission, failure or
negligence to maintain the area between the sidewalk and the curb
of the street in the manner described in § 197-3F [325-
23B(2)(c)(6)].
§ 178-10. Enforcement.
Violations of this Chapter and of Section 325-29.2
(Dumpsters) shall be punishable as follows:
A. Criminal Penalties
(1) Any property owner and/or agent who violates any
provision of this Chapter or of Section 325-29.2, except those
provisions specified in subsection (2) below, shall be guilty of
an offense and upon conviction shall be punished by a fine of
fifty dollars ($50.00) for a first offense at a property within a
twelve (12) month period, two hundred dollars ($200.00) for a
second offense at the same property within a twelve (12) month
period, and three hundred dollars ($300.00) for a third or
subsequent offense at the same property within a twelve (12)
month period.
(2) Any property owner and/or agent who violates any
provision of Section 197-3E, 197-3G, 197-3I, 197-3J, or any of
the provisions in Section 197-3F regarding grass, weeds, brush,
plantings, or obstruction of views, shall be guilty of an offense
and upon conviction shall be punished by a fine of forty dollars
($40.00) for a first offense at a property within a twelve (12)
month period, sixty dollars ($60.00) for a second offense at the
same property within a twelve (12) month period, and one hundred
dollars ($100.00) for a third or subsequent offense at the same
property within a twelve month period.
(3) Each violation of this Chapter or of Section 325-29.2,
and each day during which a violation continues, shall be deemed
to be a separate offense.
(4) Violation of any provision of this Chapter or of
Section 325-29.2 shall be a violation as defined by Section
55.10(3) of the New York Penal Law.
June 6, 2001
44
B. Civil Penalties
(1) Any property owner and/or agent who violates any
provision of this Chapter or of Section 325-29.2, except those
provisions specified in subsection (2) below, shall be liable for
a civil penalty of fifty dollars ($50.00) for the first violation
at a property within a twelve (12) month period, two hundred
dollars ($200.00) for a second violation at the same property
within a twelve (12) month period, and three hundred dollars
($300.00) for a third or subsequent violation at the same
property within a twelve (12) month period.
(2) Any property owner and/or agent who violates any
provision of Section 197-3E, 197-3G, 197-3I, 197-3J, or any of
the provisions in Section 197-3F regarding grass, weeds, brush,
plantings, or obstruction of views, shall be liable for a civil
penalty of forty dollars ($40.00) for the first violation at a
property within a twelve (12) month period, sixty dollars
($60.00) for a second violation at the same property within a
twelve (12) month period, and one hundred dollars ($100.00) for a
third or subsequent violation at the same property within a
twelve month period.
(3) Each violation of this Chapter or of Section 325-29.2,
and each day during which a violation continues, shall be deemed
to be a separate violation.
(4) The City Attorney or his or her designee may commence
an action or special proceeding against the violator in a court
of competent jurisdiction to collect these penalties, together
with costs, disbursements and recoverable attorneys’ fees, and/or
to compel compliance with or restrain by injunction any such
violation.
(5) When the City Attorney obtains a judgment in an action
or proceeding under this section either against the property
owner or agent, or both, in addition to the appropriate methods
for enforcement of judgments established in the Civil Practice
Law and Rules, such judgment for penalties may constitute a lien,
be a lien on the subject property and on the rents therefrom, or
may be collected in the manner of any other civil judgment.
C. Appearance Tickets and Appeals
Notwithstanding any contrary Code provision, appearance
tickets may be issued by the Building Commissioner and/or
Commissioner’s designee(s) charging violations of this Chapter or
of Section 325-29.2 whenever there is probable cause to believe
that said violations have occurred. Any rights to administrative
appeals to any board or commission of the City of Ithaca
mentioned elsewhere in this Code shall not apply as a condition
precedent to issuing an appearance ticket charging a violation of
this Chapter or of Section 325-29.2. Any right to an
administrative appeal from a decision or determination of the
Building Commissioner or other city official with regard to the
above Code Chapter and section shall apply only in cases in which
the city intends to correct the violation and seek to charge the
property owner or agent for the costs of correction.
SECTION 2. Section 1-1B of the Ithaca City Code, entitled
“Penalties for offenses,” is hereby amended to delete the
June 6, 2001
45
reference to Code Section [325-23B(2)] and the phrase [(Exterior
property maintenance)].
SECTION 3. Chapter 325, entitled “Zoning,” is hereby
amended by adding Section 325-29.2 as follows:
§ 325-29.2. Dumpsters.
A. Declaration of purpose. The purposes of Chapter 197,
as set forth in Section 178-1, are hereby incorporated into and
apply to this section.
B. Definitions. The definitions in Chapter 178, as set
forth in Section 178-2, are hereby incorporated into and apply to
this section.
C. It shall be the duty and responsibility of all owners
of property in the City of Ithaca to ensure the following:
(1) No dumpster may be placed or allowed to remain on any
properties in the R1 or R2 zoning district except pursuant to a
variance from the Board of Zoning Appeals, as provided by this
section. Dumpsters for which variances are granted must be out
of the public view or meet all of the screening requirements of
subsection 7 hereof and may be located in front yards only if the
Board of Zoning Appeals finds there is no practical alternative
location.
(2) Dumpsters may be placed and allowed to remain on
properties in the R3 or RU zoning district if they are out of the
public view or meet all of the screening requirements of
subsection 7 hereof. Screened dumpsters may not be placed or
allowed to remain in place in front yards unless the Board of
Zoning Appeals finds there is no practical alternative location
and grants a variance, as provided by this section.
(3) A dumpster in the R-1, R-2, R-3 or RU zoning district
can serve only the property on which it is located and can serve
only one property.
(4) All dumpsters must have tightly fitting covers that are
kept closed at all times except when the dumpster is in the
process of being filled or emptied. Garbage, recyclable
materials, and other solid waste must be completely contained
within the dumpster and shall not accumulate so that the dumpster
cover cannot be firmly closed.
(5) Dumpsters shall not be located in any area that the City
Code requires must be constructed or maintained unencumbered to
comply with fire, building or public safety laws or requirements.
(6) All dumpsters shall have the name and telephone number
of the company or individual owning such dumpster clearly
printed, in letters at least three inches high, on either the
front or back of the dumpster.
(7) Dumpsters in the R-1, R-2, R-3 or RU zoning district
that are located in the public view must meet the following
screening requirements:
(a) Dumpsters shall be surrounded on all sides that are
visible from the public view by enclosure walls or vegetation
June 6, 2001
46
screens such as trees or hedges. There shall be a minimum of two
(2) feet of clearance between the dumpster and each wall or
vegetation screen. The walls or vegetation screen shall be a
minimum of four (4) feet in height, but in any event the walls or
vegetation screen shall be higher than the dumpster and shall
fully screen the dumpster from the public view.
(b) Constructed enclosure walls shall be made of wood,
masonry or other materials compatible with the main structure or
surroundings. Chain link fencing shall not be considered
acceptable screening material. Enclosure walls must be
constructed of masonry or other noncombustible materials if they
are within the fire limits of the City, as that term is defined
in Section 181-13 of the City Code. The minimum dimension for
wood screening materials shall be 1 inch by 4 inches. Enclosures
and partial enclosures shall be constructed to be as
inconspicuous as possible.
(c) Where vegetation screens are used, they shall form a
year-round dense screen at least four (4) feet high, and in any
event at least as high as the dumpster, within two (2) years of
the initial planting.
(d) Where a gate is necessary to provide access to the
hauler, the gate shall either swing fully outward or slide
parallel to the wall of the enclosure. Gates shall be designed
to be secured when in the open and closed positions. Gates shall
be closed at all times except when the dumpster is being
accessed. There shall be a minimum of ten (10) inches of
clearance between the bottom of the gate and ground.
(e) All enclosures and partial enclosures (whether
constructed or created by vegetation screens) shall be easily
accessible to collection vehicles and personnel. The area
directly in front of an enclosure or partial enclosure shall have
less than a two percent (2%) slope to make manipulation of
dumpsters as easy as possible. Steel poles or other types of
stop devices shall be placed near the back of the
enclosure/partial enclosure to prevent damage from the dumpster
when it is set back in the enclosure/partial enclosure. In
addition, where vegetation screens are used to screen one or both
sides of a dumpster, the plantings shall be curbed or otherwise
protected from damage by collection vehicles and the dumpster as
it is moved in and out of the enclosure.
(f) Property owners must keep constructed enclosures and
partial enclosures in good repair and in a safe and structurally
sound condition. Property owners must maintain the effectiveness
of vegetation screens by properly caring for and replacing, as
necessary, the plantings that serve as screening devices.
(g) The property owner shall be responsible for the cleanup
of the interior of each enclosure and partial enclosure.
Enclosure areas and partial enclosure areas shall be kept free
from litter and other solid waste except for that which is placed
in dumpsters. Enclosure areas and partial enclosure areas shall
be maintained to prevent odors and rodent and insect infestation.
Garbage and other solid waste shall not accumulate in any manner
that creates a visual or public health or safety nuisance.
(h) Recycling receptacles may be located inside the
enclosure or partial enclosure.
June 6, 2001
47
(8) Property owners in the R3 or RU zoning district who have
dumpsters on their property as of the effective date this
subsection and who intend to comply with this section by
screening the dumpster shall have one (1) year from the effective
date of this subsection to complete the plantings or the
construction of the enclosure or partial enclosure and other
related construction requirements.
(9) Property owners in the R1 and R2 zoning districts who
have dumpsters on their property as of the effective date this
subsection, apply for a variance from the Board of Zoning Appeals
within sixty (60) days of the effective date of this subsection,
and obtain a variance from the Board of Zoning Appeals to
maintain a screened dumpster shall have one (1) year from the
date of the variance to complete the plantings or the
construction of the enclosure or partial enclosure and other
related construction requirements.
D. In making any determination with respect to any
proposed dumpster, the Board of Zoning Appeals shall be guided by
the general purpose of this section, as stated in Section 325-
29.2A, and shall also consider the following:
(1) Need for the dumpster: the number of tenants to be
serviced by the dumpster and the availability of alternative
methods of solid waste storage and disposal.
(2) Proximity to neighbors: the proximity of the proposed
dumpster to neighboring properties and residences.
(3) Other dumpsters: other dumpsters in the vicinity of the
proposed dumpster.
(4) The character of the neighborhood: the proposed use
shall not be detrimental to the general amenity or neighborhood
character so as to cause a devaluation of neighboring property
values or material inconvenience to neighboring inhabitants or
material interference with the use and enjoyment by the
inhabitants of the neighboring property.
E. In granting any variance, the Board of Zoning Appeals
shall specify the exact location of any dumpster on a property,
make a determination as to whether the dumpster will be out of
the public view, require the dumpster to be screened as provided
in subsection 7 hereof if it will not be out of the public view,
and impose other requirements as necessary to meet the general
purpose of this Chapter.
F. Any person aggrieved by any decision of the Board of
Zoning Appeals may have the decision reviewed by a Special Term
of the Supreme Court in the manner provided by Article 78 of the
Civil Practice Law and Rules.
G. The provisions of this section shall not apply to
dumpsters used solely for construction and demolition debris.
The use of such dumpsters shall be regulated by Building
Department construction or demolition permits.
SECTION 4. Chapter 325, Section 325-46C, entitled
“Penalties for offenses,” is hereby amended as follows:
[Violations of § 325-23B(2) shall be punishable in accordance
June 6, 2001
48
with § 1-1 of this Code.] Violations of § 325.29.2 shall be
punishable in accordance with Section 178-10 of this Code.
SECTION 5. Chapter 276, Section 276-7A(2), entitled “Project
review criteria,” is hereby amended as follows: Compliance with
all other regulations applicable to the development. These
include, but are not limited to, the Zoning Ordinance, Sign
Ordinance, Subdivision Regulations, Landmarks Preservation
Ordinance, Exterior Property Maintenance Ordinance and
Environmental Quality Review ordinance of the City of Ithaca, and
the State Environmental Quality Review Act.
SECTION 6. Chapter 276, Section 276-7A(12), entitled
“Project review criteria,” is hereby amended by deleting
[Screening of dumpsters from public view and from adjoining
properties] and adding the following: For new construction of
multiple dwellings, commercial buildings and office buildings,
adequate and appropriately located facilities for the storage and
collection of solid waste and recyclable materials shall be
required. Developers of new commercial and mixed occupancy
buildings must design a waste management system that can support
the needs of any allowable use in the building, including those
uses that could result in maximum garbage generation. Screening
of these facilities, as well as other actions relating to the
appearance of the facilities, may be required.
SECTION 7. The title of Chapter 196 is hereby amended as
follows: GARBAGE[, RUBBISH] AND REFUSE.
SECTION 8. Chapter 196, Section 196-1, entitled
“Definitions,” is hereby amended as follows:
BULK ITEMS – Large items and materials, including furniture
(other than aluminum and plastic yard furniture), house
furnishings and large appliances, such as refrigerators, stoves,
washing machines and clothes dryers.
COLLECTIBLE YARD WASTES – Grass, leaves, brush and other
plant wastes and soil [waste plant and dirt] materials from
[vegetable and flow] gardens, lawns and yards, [and brush]
prepared for collection in conformance with city requirements.
COMPOSTING MATERIALS – Yard trimmings, vegetable wastes and
other organic matter managed for the purpose of natural
transformation into compost and stored in a container or compact
pile that contains no sewage, sludge or septage; contains no
inorganic materials, such as metal, plastic or glass; and is
maintained in a manner to minimize odors and the attraction of
insect and animal pests.
GARBAGE –
A. Discarded materials generated from the activities
of a household, business, institution, or public or quasi-
public facility, consisting of
(1) Food wastes, including but not limited to kitchen
and table scraps, decaying or spoiled vegetable, fruit and animal
matter, and fallen fruit.
(2) Any other used or discarded waste materials such as
paper, plastic, metal, rags, food wrappings and containers,
June 6, 2001
49
sweepings, rubber, leather, cloth, clothing, waste materials from
normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, ashes, wood, and glass.
B. “Garbage” does not include properly prepared and
stored recyclable materials or collectible yard wastes, properly
stored and maintained composting materials, rubble, bulk items,
industrial waste, hazardous materials, automobile or other motor
vehicle tires, or any other material that the City or private
waste hauler has specified will not be picked up curbside at a
property as part of the regular collection.
HAZARDOUS MATERIALS – means, without regards to amount and/or
concentration, petroleum, petroleum distillates or products,
polychlorinated biphenyls (PCBs), asbestos, formaldehyde,
radioactive materials, and any substances which are defined as (or
otherwise included in the definition of) “hazardous substances,”
“hazardous materials,” “hazardous wastes,” “toxic substances,”
“toxic pollutants,” “pollutants,” or “contaminants” under any
federal or New York State law, statute, rule, regulation, or code.
INDUSTRIAL WASTE – [Chemical waste generated by any
industrial process or operation.] Any substance resulting from
any process of industry or manufacturing, including but not
limited to chemical waste, sludge from air or water treatment
facilities, and incinerator residue.
RECYCLABLE MATERIALS OR RECYCLABLES – [These include
materials defined as recyclable materials or recyclables pursuant
to county law.] Materials that are defined as recyclable
materials or recyclables pursuant to Tompkins County laws, rules
or regulations, have not become contaminated through household or
other use, and are fit for recycling.
REFUSE – [The rubbish,] Garbage, recyclable materials and
collectible yard wastes resulting from the normal day-to-day
operation of a household, business, institution or a public or
quasi-public facility. [“Refuse” may be generated by a household,
a business establishment or a public or quasi-public facility.]
“Refuse” does not include properly stored and maintained
composting materials, rubble, bulk items, industrial waste,
hazardous materials, automobile or other motor vehicle tires, or
any other material [not covered under this definition] that the
City or private waste hauler has specified will not be picked up
curbside at a property as part of the regular collection.
[RUBBISH:
A. Includes:
(1) Food wastes, including but not limited to table
cleanings; fruit, vegetable and
animal matter parings and scraps; decaying or spoiled
vegetable, animal and
fruit matter; and fallen fruit.
(2) Any paper, plastic, cardboard or other material used to
wrap, cover or contain
food, other than certain materials defined in this
section as “recyclable materials,”
and any other household waste resulting from the use,
consumption and
preparation of food.
June 6, 2001
50
(3) Any other waste materials, other than those materials
defined as “recyclables,”
such as plastic, metal, rags, drugs, health aids and
materials, sweepings,
excelsior, rubber, leather, cloth, clothing, waste
materials from normal
maintenance and repair activities, pasteboard,
crockery, shells, dirt, filth, ashes,
wood, glass and brick.
B. “Rubbish” does not include recyclable materials as
defined in this section. However, “rubbish” shall include
recyclable materials which cannot be recycled because of
secondary household use.]
SOLID WASTE – Any materials or substances that are discarded
or rejected as being spent, worthless, useless or in excess to
the owners or users at the time of such discard or rejection,
including but not limited to garbage, refuse, industrial waste,
hazardous materials, tires, rubble, discarded motor vehicles, and
discarded bulk items. Notwithstanding the foregoing, “solid
waste” shall not include properly prepared and stored recyclables
or collectible yard wastes, or properly stored and maintained
composting materials. 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:
(1) The object produces an offensive smell.
(2) 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 the weather.
(3) 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.
(4) The object is left, placed or stored in a manner which
appears likely to cause injuries.
SECTION 9. Chapter 196, Section 196-2A, entitled
“Collection,” is hereby amended as follows: The Department is
authorized to collect on a regular basis those waste materials
that constitute refuse, namely [rubbish] garbage, recyclable
materials and collectible yard wastes.
SECTION 10. Chapter 196, Section 196-3B, entitled
“Preparation and placement at curb,” is hereby amended as
follows: No person shall place any [rubbish] garbage at or near
any curb, sidewalk or street for purposes of collection [by the
Department] unless that person complies with one or both of the
following requirements:
(1) Each person shall provide and utilize separate
containers for disposal of [rubbish] garbage. Any such
containers shall be made of metal, plastic or other suitable
material, shall have tight-fitting covers, shall have handles on
the top and sides and shall be shaped so that all materials flow
June 6, 2001
51
freely when the container is dumped. No such container shall
exceed 32 gallons in capacity, and, when filled, no such
container shall weigh more than [100] seventy (70) pounds.
(2) Each person shall provide and utilize disposable
plastic bags for disposal of rubbish. Any such bag shall be at
least 1.5 mils thick and sufficiently strong to contain the
materials enclosed. When filled, each such bag shall be securely
tied and shall weigh no more than fifty (50) pounds.
SECTION 11. Chapter 196, Section 196-3D, entitled
“Preparation and placement at curb,” is hereby amended as
follows: No person shall place any recyclable materials at or
near any curb, sidewalk or street for purposes of collection [by
the Department] unless that person separates the recyclable
materials, [and] prepares and places them at or near the curb,
sidewalk or street in a manner consistent with that required by
county and state rules and regulations, and complies with the
requirements of City Code Section 178-3K.
SECTION 12. Chapter 196, Section 196-3F, entitled
“Preparation and placement at curb,” is hereby amended as
follows: Refuse, as well as any other waste material the
Superintendent announces will be collected, shall be placed for
collection [by the Department] at or near a curb, sidewalk or
street after 2:00 p.m. on the day prior to the day designated for
collection and before [5:30] 4:00 a.m. on the day designated for
collection. For collections performed by the Department, there
[There] will be no callbacks to collect refuse or any other
wastes that are placed for collection after [5:30] 4:00 a.m. on
the designated collection day.
SECTION 13. The first sentence of Chapter 196, Section 196-
4, entitled “Removal of empty containers,” is hereby amended as
follows: All empty refuse containers and any other empty waste
containers shall be removed from the curb, sidewalk or street
where they have been placed as soon as possible after collection
[by the Department] and, in any event, on the same day as
collection.
SECTION 14. Chapter 196, Section 196-5, entitled “Removal
of uncollected materials,” is hereby amended as follows: Where
the Department or private hauler has not collected certain refuse
and/or waste materials because those materials were not placed or
prepared in accord with the provisions of this chapter and/or the
private hauler’s requirements, the person responsible for putting
those waste materials at or near a curb, sidewalk or street for
collection [by the Department] shall remove those wastes from
that location as soon as possible after the Department or private
hauler has refused collection and, in any event, by the end of
the designated collection day.
SECTION 15. Chapter 196, Section 196-8, entitled
“Collection or removal of recyclables,” is hereby amended as
follows: From the time any person places any recyclable materials
at or near any curb, sidewalk or street for purposes of
collection [by the Department], no person who is not acting under
authority of the city, Tompkins County, or [its] their authorized
agents [agent] shall collect, pick up, remove or cause to be
collected, picked up or removed any recyclable materials so
placed for collection, and each such unauthorized collection,
pickup or removal shall constitute a separate violation of this
June 6, 2001
52
chapter. However, where the Department or County has refused to
collect certain recyclable materials because they have not been
placed or treated in accord with the provisions of this chapter,
the person responsible for initially placing those materials for
collection may and shall remove those materials from any curb,
sidewalk or street side in accord with the provisions of this
chapter.
SECTION 16. Chapter 325, Section 325-15D, entitled “Use
regulations,” is hereby amended as follows: Garage sales. No
household, garage, porch or yard items for sale may be stored in
the open or continually displayed within any district where the
same may be construed by proper authority to be a menace to the
public health or safety or may be held to have a detrimental
influence upon adjacent properties or upon the neighborhood at
large. Household, garage, porch or yard sales shall not be held
on a property for more than seven (7) days (including weekends)
in a calendar month, nor shall such sales be held on a property
during the weekend for more than two consecutive weekends or for
more than two weekends in any month. For the purposes of this
subsection, “weekend” shall mean Saturday and/or Sunday. This
prohibition should not be construed to ban household, garage,
porch or yard sales themselves as long as they do not exceed the
frequencies listed in this subsection.
SECTION 17. Severability is intended throughout and within
the provisions of the ordinance. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is held to
be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of
the remaining portions of this ordinance.
SECTION 18. This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter.
Carried Unanimously
18.4 (A) East Hill Rezonings - A Declaration of Lead Agency for
CEQR/SEQR
By Alderperson Farrell, Seconded by Alderperson Glasstetter
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed East Hill rezonings are an "Unlisted"
Action pursuant to the City of Ithaca Environmental Review
Ordinance and the New York State Environmental Quality Review
Act, which requires review under the City's Environmental Quality
Review Ordinance; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review for the
proposed East Hill rezonings.
Carried Unanimously
June 6, 2001
53
18.4 (B)East Hill Rezonings - Negative Declaration under
CEQR/SEQR
By Alderperson Farrell, Seconded by Alderperson Pryor
WHEREAS, a group of seven proposed rezonings for East Hill is
being considered by Common Council, 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 an "unlisted"
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 the City of Ithaca 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 hereby is,
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
18.4 (C) East Hill Rezoning - An Ordinance Amending the Zoning
Map Established Pursuant to Chapter 325 Entitled "Zoning" of the
City of Ithaca Municipal Code
By Alderperson Farrell, Seconded by Alderperson Vaughan
ORDINANCE NO. --
An Ordinance Amending the Zoning Map, Section 325-5 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. The City of Ithaca Municipal Code, Section 325-5
entitled "Zoning Map" is hereby amended to add the following:
"Section 325-5. Zoning Map.
That an area generally bounded by the western boundary of
Tax Parcel 83-6-2 and extending northward along the rear lot
lines of properties facing on Linden Avenue to the northern
boundary of Tax Parcel 67-2-6, then easterly across Linden Avenue
and along the northern boundary of Tax Parcel 67-3-2 to the
eastern boundary of said parcel, then southward along that
boundary and the rear lot lines of properties facing on Linden
Avenue to the southern boundary of Tax Parcel 84-1-1, then across
Mitchell Street to the beginning, is reclassified from the R-2b
and R-3b districts to the R-1b district. (LOWER END OF LINDEN)
That an area generally bounded by the southern boundaries of
Tax Parcels 67-2-5 and 67-3-23, extending along the rear lot
lines of properties facing Linden Avenue to Bool Street on the
west side of Linden Avenue and, on the eastern side of Linden
June 6, 2001
54
Street to the northern boundary of Tax Parcel 67-3-28, is
reclassified from the R-3b district to the R-2b district. (LINDEN
BUFFER)
That the following Tax Parcels are reclassified from the R-
2b district to the R-1b district, 68-7-9, 68-7-10, 68-7-11, 68-8-
1, 68-8-2, 68-8-3, and 68-8-4. (ORCHARD PLACE)
That the following Tax Parcels are reclassified from the R-
3a district to the R2-b district, 68-7-1, 68-7-2, 68-7-3, 68-7-4,
68-7-5, 68-7-6, 68-7-7, 68-7-8, 68-7-12, and 68-7-13. (NORTH OF
ORCHARD PLACE TO COOK ST)
That Tax Parcels 67-4-1, 67-4-2, 67-4-3, and 67-4-9 are
reclassified from the R-2a district to the R-1b district. (BRYANT
TRIANGLE)
That the following Tax Parcels are reclassified from the B-
2a district to the B2-d district, 63-1-5, 63-1-6, 63-8-1, 63-8-
22, 63-8-23, 63-8-24, 63-10-3, 63-10-4, 63-10-5. (WILLIAMS &
STEWART)
That the following Tax Parcels are reclassified from the B-
2b district to the B-2d district, 63-8-11, 63-8-12, 63-8-13, and
63-8-14. (400 BLOCK WEST SIDE OF EDDY ST)
Amending resolution
Motion by Glasstetter, Seconded by: Taylor
To amend 18.4(c) to remove the last paragraph on the second page
that discusses the 400 block of the West Side of Eddy Street so
that the following tax parcels are reclassified from b to b
district to b to d district and the parcel numbers directly
before section 2.
City Attorney wants to clarify what Alderperson Hershey said
earlier about, whether or not removing the Eddy Street portion
from the proposed re-zoning would require us to re-advertise and
re-public notice and her decision was that no, it would not
because you would only need to do that for a substantiative
change and you can’t have a substantiative change to the status
quo. We are basically keeping the language the same way it
currently reads. City Attorney has determined that there is no
need to do the re-advertising. We can go ahead and go through
with it tonight.
Alderperson Spielholz spoke against this amendment.
Alderperson Vaughan concurs with Alderperson Spielholz.
Alderperson Blumenthal also opposes the amendment.
Alderperson Glasstetter said he would definitely stand by the
point.
City Attorney Schwab reports that General City Law section 83
requires owners of 20% or more of the area of land included in
the proposed changed or by owners of 20% or more of the area of
the land immediately adjacent extending 100’ therefrom or, this
is a critical one if you look at some of these petitions, owners
of 20% or more of the area of land directly opposite thereto to
the proposed change extending 100’. It looks to me without
personally knowing, the law requires us to take this on its face
because it is an acknowledged document as being an accurate
document. What it means is we don’t go behind at this point and
June 6, 2001
55
look at whether or not these people in fact own 20%. It certainly
looks like they do, if not over that. The other news that’s even
more critical is that it’s not just a majority vote, it’s a
three-quarters vote of the entire legislative body that’s
required. Not just three-quarters of those present, so 8.25 on
my calculator rounds up to 9. So basically, we have to have a
unanimous vote. Three-quarters of the entire membership which
under our charter includes the Mayor as a member of Common
Council, that’s eleven. Three-quarters of 11 is 8.25, which
rounds up to 9.
Mayor Cohen stated that with the above information, he would hate
to see this die on the floor of council tonight. This is very
important and I’m hoping that my colleagues would work out some
compromise on this one thing that would not preclude you from
bringing this back for consideration after you’ve had an
opportunity to discuss the merits of this one street that has
raised concerns. He thinks that it is important to try to move
forward with the rest of the zoning amendment.
Amending resolution
Motion by Glasstetter, Seconded by: Taylor
To amend 18.4(c) to remove the last paragraph on the second page
that discusses the 400 block of the West Side of Eddy Street so
that the following tax parcels are reclassified from b to b
district to b to d district and the parcel numbers directly
before section 2.
Alderperson Blumenthal stated that she reluctantly will agree to
the amendment but that she strongly disagrees with what
Alderperson Hershey and Glasstetter have said. She hopes that
when it comes back to committee that council will have more
information on the historic district. There was an attempt to
include this in the district as part that the commercial zones
were included in the district purposefully and she hopes Leslie
Chatterton will agree and explain that some more. Alderperson
Blumenthal will support removing this only in so far that it will
help the rest of this package move forward this evening. She
regrets to say that.
Alderperson Spielholz seconded that for the same reasons. It
will need to be reviewed. She strongly disagrees with the fact
that in many cases, Mr. Novarr, for instance, who built a very
beautiful building out of Ithacare by keeping the historical
perspective and doing something very nice with an old building.
It’s not impossible to do nice things with old buildings.
Looking at an older building and saying that the only thing that
counts is the permanent people, that’s not what she is saying,
she thinks that there should be really nice historical housing
available as rental property. That is why we are pushing this.
In view of the fact that it obviously needs the right people, she
seconds the motion to take this particular one out.
Alderperson Vaughan stated that she is very uncomfortable with
the situation that has basically put the rest of this, what she
considers very important re-zoning and held it hostage to a
particular agenda. She is disturbed by that, but under the
circumstances, she will agree with her colleagues, that she will
June 6, 2001
56
assent to removing this in order to get the rest of the
legislation passed.
Alderperson Farrell stated that when she was looking at the old
store fronts on that side of Eddy Street, she really appreciated
their beauty. They really are beautiful old buildings and she
hopes the fact that they are in a historic district now will be
protection for them.
RESOLVED, That the following Tax Parcels be removed from the
proposed zoning change to be reclassified from the B-2b district
to the B-2d district, 63-8-11, 63-8-12, 63-8-13, and 63-8-14.
(400 BLOCK WEST SIDE OF EDDY ST)
Vote on main resolution as amended
Carried Unanimously
Discussion on main resolution as Amended – The Collegetown zoning
changes minus this portion of Eddy Street that was removed by
amendment.
No discussion
Carried Unanimously
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.
RECESS:
Common Council recessed at 9:10 p.m.
RECONVENE:
Common Council reconvened into regular session at 9:30 p.m.
18.5 (A) CCI Program Amendment to Assist Argyle Associates, LLC
and PB Associates Construct Public Access Waterfront Improvements
- Declaration of Lead Agency
By Alderson Farrell, Seconded by: Pryor
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed program amendment is an Unlisted Action
pursuant to the City of Ithaca Environmental Review Ordinance
which requires review under the City's Environmental Quality
Review Ordinance, now therefore be it
RESOLVED, that the Common Council for the City of Ithaca does
hereby declare itself lead agency for the environmental review
for the proposed CCI program amendment to provide funding to
assist Argyle Associates, LLC and PB Associates make public
access waterfront improvements along the NYS Barge Canal.
June 6, 2001
57
Carried Unanimously
18.5(B) CCI Program Amendment to Assist Argyle Associates, LLC
and PB Associates Construct Public Access Waterfront Improvements
– Determination of Environmental Significance
By Alderperson Farrell, Seconded by Alderperson Spielholz
WHEREAS, the City of Ithaca is proposing a program amendment to
the FY 1997 Canal Corridor Initiative program to identify
substitute activities in response to Ithaca Landing, LLC
withdrawing their proposal to acquire, renovate and expand the
Old Port Harbour restaurant located at 708 W. Buffalo along the
NYS Barge Canal, and
WHEREAS, the City proposes to assist Argyle Associates, LLC and
PB Associates construct public access waterfront improvements
along the NYS Barge Canal located at 708 W. Buffalo St. and 403
Taughannock Blvd., and
WHEREAS, the proposed action is an Unlisted action under the City
Environmental Quality Review Act (CEQR Sec. 176-12 and 176-13),
and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a Environmental Assessment Form
(EAF), and
RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own, the findings and conclusions
more fully set forth on the Environmental Assessment Form dated
May 8, 2001, and be it further
RESOLVED, that this Common Council, as lead agency, hereby
determines that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this
negative declaration and that the City Clerk is hereby directed
to file a copy of the same, together with any attachments, in the
City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
18.5 ( c) CCI Program Amendment to Assist Argyle Associates, LLC
and PB Associates Construct Public Access Waterfront Improvements
By Alderperson Farell, Seconded by Alderperson Blumenthal
WHEREAS, the U.S. Department of Housing and Urban Development
(HUD) developed the Canal Corridor Initiative (CCI) to assist
communities on the New York State Barge Canal System revitalize
their waterfront areas, and
WHEREAS, CCI funding is composed of a series of loans and grants
intended to leverage private sector investments in projects that
lead to the physical and economic revitalization of the
waterfront area, including the creation of jobs and expansion of
the local tax base, and
WHEREAS, HUD awarded the City of Ithaca $700,000 in grants and
loan commitments of up to $1,140,000 through the FY 1997 CCI, and
June 6, 2001
58
WHEREAS, the grant component of the CCI award included the
following public improvement activities:
$250,000 Public Waterfront Promenade at Inlet Island
$234,000 Public Promenade and Dock Improvements at Old Port
Harbour Restaurant
$100,000 Relocation of Utility Structure at Inlet Island
$95,000 Community FlyFisher Program
$21,000 Farmer’s Market Improvements at Steamship Landing,
and
$700,000
WHEREAS, grant funding for public waterfront improvements at Old
Port Harbour restaurant were awarded in support of an economic
development project to be undertaken by Ithaca Landing
Associates, LLC (Ithaca Landing), and
WHEREAS, Ithaca Landing proposed a $950,000 project to acquire
and renovate the Old Port Harbour restaurant, thereby creating an
additional 12 full-time equivalent (FTE) employment
opportunities, and
WHEREAS, Ithaca Landing has withdrawn from the project and sold
their interest in the Old Port Harbour restaurant property to
Argyle Associates, LLC (Argyle), and
WHEREAS, Argyle requests that $199,000 of CCI grant funds
previously earmarked to assist Ithaca Landing be committed to
assist Argyle for construction of a public waterfront promenade
at the former Old Port Harbour restaurant located at 708 W.
Buffalo Street along the New York State Barge Canal, and
WHEREAS, Argyle has pledged to undertake a $1.2 million project
to acquire and renovate the vacant Old Port Harbour restaurant
and lease the premises for operation of a restaurant to be known
as “Bistro Q,” serving breakfast, lunch and dinner as well as
offering evening entertainment and food service, and
WHEREAS, the proposed project is projected to result in the
creation of 26 FTE employment opportunities, of which at least
51% will be available to low/moderate income persons, and
Amend the following WHEREAS
By Alderperson Blumenthal, Seconded by: Farrell
WHEREAS, Argyle and PB Associates agree to provide public
easements across their property to allow the public to access and
use the waterfront promenade, and
Carried Unanimously
WHEREAS, Argyle disclosed that Doug Foster, a 25% shareholder in
Argyle, was formerly employed by the City of Ithaca as a Planning
Systems Manager in the Planning & Development Department between
1990 and 2000, and
WHEREAS, the IURA previously recommended utilizing $35,000 from
the FY 1997 CCI grant award to PB Associates to complete
acquisition and renovation of a commercial waterfront building
located along the NYS Barge Canal at 403 Taughannock Blvd. that
will provide public access along the waterfront, and
June 6, 2001
59
WHEREAS, at their 4/17/01 meeting, the IURA reviewed the request
and the potential conflict of interest issue regarding Doug
Foster and recommended the following, now, therefore be it
RESOLVED, that the Common Council hereby approves submission of
a proposed program amendment to HUD to commit $234,000 of FY 1997
CCI grant funding that was previously earmarked to assist Ithaca
Landing Associates, LLC make waterfront improvements at the Old
Port Harbour site, to the following substitute activities:
$199,000 Argyle Associates, LLC public access waterfront
improvements at 708 W. Buffalo St. (former Old
Port Harbour restaurant site)
$35,000 PB Associates renovations at 403 Taughannock Blvd.
resulting in public access waterfront
improvements
$234,000
and be it further,
WHEREAS, the Common Council is concerned that the HUD monies
would no longer be available if it doesn’t take action now to
apply for this programmatic change.
RESOLVED, that before Common Council gives final approval for
Argyle Associates to use HUD designated funds that the legal
issues regarding an easement along the entire waterfront must be
resolved. It means that they still have some details to work out
in terms in terms of legal easements and that if we have this
resolution now we can start asking HUD to re-program the money so
we don’t lose the money. Then, we need to work out the details
of that public easement part. Mayor Cohen stated if HUD does
approve this program amendment it still comes back to the City
Council for final approval and that’s the decision point prior to
which we would hope to have this easement question worked out.
Acquisition of easements regarding access…
Final time….that before Common Council gives final approval for
Argyle to use HUD funds, all legal issues, including the
acquisition of an easement along the water front, will be
resolved.
RESOLVED, that should PB Associates be unable to fulfill
conditions established in the Ithaca Urban Renewal Agency’s
(IURA’s) loan commitment to the IURA’s satisfaction, then CCI
funding earmarked to assist PB Associates shall be reallocated to
assist in construction of public access waterfront improvements
at 708 W. Buffalo St., and be it further,
RESOLVED, that the Mayor, upon the advice of the Director of
Planning and Development and the City Attorney, is authorized to
execute all necessary and appropriate documents for the
submission of the program amendment and implementation of this
resolution.
Carried Unanimously
18.6 Resolution Supporting the Establishment of a New City of
Ithaca Neighborhood Based Planning Initiative
This item was withdrawn from the agenda
June 6, 2001
60
18.7 A Statement of Commitment to Neighborhood-Based Planning
By Alderperson Farrell, Seconded by Alderperson Pryor
WHEREAS, the quality of life in Ithaca's residential
neighborhoods is critical to the overall health and welfare of
the City, and
WHEREAS, livable urban neighborhoods that are close to schools,
shopping, services, parks and other amenities can work to limit
sprawl and encourage non-automotive transportation, and
WHEREAS, the economic health of small city downtown, like ours,
depends on the support of nearby neighborhoods, and
WHEREAS, healthy, stable, and diverse neighborhoods engender
community vitality and civic engagement, and
WHEREAS, the efforts of residents to maintain and improve their
neighborhoods are strengthened by organization and communication,
and
WHEREAS, a neighborhood-based planning process can empower
neighborhood residents by providing the opportunity to deliberate
on possible futures, to build relationships and consensus, and to
create action plans for neighborhood revitalization, and
WHEREAS, a neighborhood-based planning process can promote
coordination of neighborhood residents, community associations,
city departments, local stakeholders, and human service providers
in efforts to serve neighborhoods, and
WHEREAS, the city has approved and filled two half-time staff
positions to work with neighborhood-based groups and residents,
and
WHEREAS, the City's Draft Economic Development Plan calls for the
City to "develop and implement an action-based and comprehensive
Neighborhood Improvement Plan which includes a strategy for
funding neighborhood improvement projects"; now, therefore, be it
RESOLVED, that Common Council directs the Department of Planning
and Development to work with residents and other community
stakeholders to identify neighborhood strengths, weaknesses,
opportunities, and threats and to address these with citizen-
based goals and action strategies, and be it further
RESOLVED, that the City shall facilitate a neighborhood-based
planning process that can build leadership capacity and empower
neighborhood groups to implement plans that will increase the
quality of life in their neighborhoods, and be it further
RESOLVED, that where neighborhood-based plans are created with
high levels of citizen participation, such plans will constitute
a representative voice for the neighborhood and shall serve as a
prioritized action list for neighborhood improvement, and be it
further
RESOLVED, that action steps recommended for implementation of
neighborhood goals serve as a guide for determining the work
priorities and budgets of City government, and be it further
June 6, 2001
61
RESOLVED, that City staff with decision-making authority meet
once a month to coordinate on the implementation of neighborhood
plans, and be it further
RESOLVED, that the Ithaca Neighborhood Council meet regularly to
discuss neighborhood plans, to network and to address issues that
transcend the smaller geographic boundaries of individual
neighborhoods, and be it further
RESOLVED, that Common Council intends to incorporate
neighborhood-based plans as amendments to the City of Ithaca's
Comprehensive Plan.
Carried Unanimously
18.8 Ithaca Children’s Garden-Home Rule Request for Enactment of
a Special Law
This legislation was discussed at a special meeting of Council on
June 11, 2001.
18.9 (a) 705 Giles Street - Declaration of Lead Agency for
CEQR/SEQR
By Alderperson Farrel, Seconded by Alderperson Vaughan
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed 705 Giles Street Land Exchange is an
"Unlisted" Action pursuant to the City of Ithaca Environmental
Review Ordinance and the New York State Environmental Quality
Review Act, which requires review under the City's Environmental
Quality Review Ordinance; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review for the
proposed 705 Giles Street Land Exchange.
Carried Unanimously
18.9(b) 705 Giles Street - Negative Declaration under CEQR/SEQR
By Alderperson Farrell, Seconded by Alderperson Glasstetter
WHEREAS, a proposed Land Exchange between the City of Ithaca and
Edward Cope, Caroline Cope, and Jan Klotz has been negotiated and
is being considered by Common Council, 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 an "unlisted"
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
June 6, 2001
62
RESOLVED, that the City of Ithaca Common Council, 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 hereby is,
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
18.9 (C) 705 Giles Street Property Exchange
By Alderperson Farrell, Seconded by Alderperson Manos
WHEREAS, the City of Ithaca currently owns a parcel of land
adjacent to 705 Giles Street, and
WHEREAS, the owners of 705 Giles Street are desirous of owning a
portion of said parcel on which minor improvements have been made
and of which the owners are currently making use, and
WHEREAS, the owners of 705 Giles Street are willing to exchange
an equal sized parcel of real property to the City of Ithaca,
which equal sized parcel backs up on the Six Mile Creek Natural
Area, for the City owned property, and
WHEREAS, said exchange would be beneficial to the City of Ithaca
as it would provide additional natural land to the City, and
WHEREAS, the Natural Areas Commission and Board of Public Works
have recommended approving the exchange; and
WHEREAS, these properties are shown as "Hatched Area to be
conveyed to Cope" and "Hatched Area to be conveyed to City of
Ithaca" on a survey map entitled "Survey Map No. 705 Giles
Street, City of Ithaca, Tompkins County, New York," prepared by
T.G. Miller, P.C., Engineers and Surveyors, dated May 5, 2000,
now, therefore, be it
RESOLVED, that the Common Council does hereby approve the
exchange of said real properties, and be it further
RESOLVED, that the Mayor, upon review by the City Attorney, is
hereby authorized to sign any and all instruments necessary for
the exchange of these properties with the owners of 705 Giles
Street.
Carried Unanimously
June 6, 2001
63
19. Economic Development Committee:
19.1 Approval of a Memorandum of Understanding Regarding the
Improvement and Maintenance of Home Dairy Alley – Resolution
By Mayor Cohen: Seconded by: Alderperson Farrell
WHEREAS, the City of Ithaca, the Ithaca Downtown Partnership,
Robert and Nancy Avery, owners of the Home Diary Building, and
Center Ithaca – TSD Associates, owners of Center Ithaca, have a
mutual desire to improve and maintain Home Dairy Alley and are
desirous of entering into an agreement to address this desire,
and
WHEREAS, a proposed Memorandum of Understanding has been
prepared, circulated among all parties and reviewed by the
Economic Development Committee of the Common Council at their
meeting of May 10, 2001 for their consideration and
recommendations, and
WHEREAS recommended changes and revisions have been made and the
document has been reviewed by the City Attorney and the Director
of Planning and Development; now therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby
approves the proposed Memorandum of Understanding between the
City of Ithaca, the Ithaca Downtown Partnership and the present
owners of the properties adjacent to Home Dairy Alley, and be it
RESOLVED, The display panels called for in the MOU will not be
fabricated and mounted until such time as the Common Council,
after consultation with the Commission on Art and Design for
Public Space, has approved of a procedure to guide decisions on
the content of the panels, and be it further
RESOLVED, That the display panels and gateways will not be mounted
until such time as an engineer has reviewed the mounting plan and
deemed the buildings able to accommodate the mountings, and be it
further
RESOLVED, That the Mayor of the City of Ithaca, upon the review
and advice of the City Attorney is hereby authorized to sign said
Memorandum of Understanding.
Carried Unanimously
19.2 Memorandum of Understanding Regarding the Improvement and
Maintenance of Home Dairy Alley – Resolution
By Mayor Cohen, Seconded by: Alderperson Spielholz
The City of Ithaca, 108 East Green Street, Ithaca, New York
14850 (“the City”) Robert and Nancy Avery, owners of the Home
Dairy Building, 143 East State Street (The Commons), Ithaca, New
York 14850, (“the Avery’s”), the Ithaca Downtown Partnership, 202
East State Street, Ste. 304, Ithaca, New York 14850 (“IDP”), and
the Center Ithaca/TSD Associates, 323 North Tioga Street, Ithaca,
New York 14850 (“Center Ithaca”),
Have a joint desire and vested interest in improving and
maintaining the appearance, attractiveness, and lighting, and
reducing the graffiti in the alleyway running between the Center
Ithaca building and the Home Dairy building, known as the Home
Dairy Alley.
To this common end, the parties agree as follows:
June 6, 2001
64
1. The City, or its Agent, shall be responsible for
improvements as follows: The City shall pressure wash
the concrete pavement in the alleyway, and the concrete
wall on the Center Ithaca building, and the brick wall
on the Home Dairy building, up to the height of eight
(8) feet. The City shall apply a clear primer, acrylic
paint, and clear graffiti sealer to the eight-(8) foot
level on the brick wall of the Home Dairy building. The
City will also apply a clear graffiti sealer to the
concrete Center Ithaca building wall.
A. The property owners shall be responsible
to maintain the walls as follows: The building
property owners (i.e., The Avery’s and Center
Ithaca/TSD Associates) shall be responsible for
continual graffiti removal from their respective
above-referenced walls.
1. The City shall purchase seven (7) lighting
fixtures. Center Ithaca/TSD Associates will arrange for
the installation of these fixtures at 15 feet mounting
height, as specified by the City Landscape Planner, on
the Center Ithaca wall. The installation costs incurred
by Center Ithaca/TSD Associates will be reimbursed by
the City, upon proper voucher and receipts, in an amount
not to exceed Three Thousand One Hundred Dollars
($3,100.00).
A. Center Ithaca n TSD Associates shall bill
the City quarterly for the energy cost associated
with the above-referenced lighting fixtures. The
agreed upon billing rate is as follows: seven (7)
fixtures with 100-watt metal halite bulbs will use
2,555 kilowatt hours annually, or approximately 640
kilowatt hours quarterly.
B. The City shall maintain the fixtures, and
shall retain ownership of the fixtures.
1. The City shall design, fabricate, and install four
(4) – four feet by eight feet (4’x8’) display panels, to
be mounted on the Home Dairy building wall, at mutually
agreed upon specific locations along the length of the
Home Dairy wall. These panels will not be constructed
and mounted until such time as the Common Council has
approved a procedure guiding how the content of the
panels will be determined.
A. The IDP will be responsible for
maintenance and content of the display panels,
pursuant to the policy approved by Common Council.
B. The City shall retain ownership of the
above-referenced display panels.
1. The City has the option of designing, fabricating,
and installing ornamental gateways at both ends of the
Home Dairy Alley. If such gateways are designed and
installed, the City shall maintain ownership of the
gateways and shall maintain the gateways.
June 6, 2001
65
2. The City shall design, fabricate, and install, with
proper hardware, pedestrian signage to be affixed to the
Center Ithaca building wall and the Home Dairy building
wall at appropriate mutually agreed upon locations.
A. The City shall maintain ownership of the
signage, and shall maintain the signage as stated.
1. It is specifically intended that this agreement
shall bind all parties, their successors and assigns.
AGREED as set for above:
Carried Unanimously
19.3 Possible Motion to Enter into Executive Session to
Discuss a Contract
By Alderperson Seconded by Alderperson
19.4 Economic Development Tracking Sheet - Discussion
Will be discussed at the meeting of the Economic and Development
Committee meeting on Thursday, June 14, 2001.
June 6, 2001
66
20. Human Resources Committee:
No agenda items submitted.
June 6, 2001
67
21. Budget and Administration Committee:
21.1 Chamberlain – Approval of Guidelines for Waiving
Of Penalty on Taxes
By Alderperson Vaughan, Seconded by Alderperson Spielholz
WHEREAS, the City Chamberlain is recommending that guidelines be
established to pre-qualify tax penalty waiver requests to
streamline the waiver of penalty-on-taxes procedure, and
WHEREAS, the pre-qualification process would involve the City
Chamberlain’s determination of tax penalty waiver granted or
denied based on the established guidelines, with approved requests
then submitted to Council for final approval; now, therefore, be
it
RESOLVED, That after a review of said procedures, Common Council
hereby establishes and approves the following guidelines for
waiving of penalty on taxes to be used by the City Chamberlain for
pre-qualification of said requests:
The City Chamberlain shall review each request for waiver of
penalty on taxes and approve or deny the request based on the
following:
1. The City portion of penalties on Ithaca City School District,
Tompkins County and City of Ithaca taxes may be waived if:
A. The owner can provide evidence that a check was
issued during the penalty free period, but the check was
apparently lost in the mail. Such proof might consist
of bank statements, showing checks numbered within the
range of the check in question clearing the bank during
the penalty free period or shortly after, a copy of the
check or a receipt for mailing;
B. The owner dies during the penalty free period;
C. The owner was hospitalized during the penalty free
period, and such hospitalization is not chronic.
1. Penalties will not be waived if:
A. The owner claims the bill or bills were not
received;
B. The postmark applied by the post office on the
payment envelope is after the penalty free period.
After determination of waiver has been made, approved requests
shall be sent to the Budget & Administration Committee and Common
Council for final approval.
Discussion followed on the floor regarding an appeal process if a
request is denied by the Chamberlain.
Carried Unanimously
June 6, 2001
68
21.2 A Local Law to Amend Section C-10 of Article II of the
Charter of the City of Ithaca Entitled “Election and terms of
office of Mayor, Judge and Council Members.”
By Alderperson Vaughan, Seconded by Alderperson Spielholz
WHEREAS, Section C-10 of Article II of the City of Ithaca Charter
provides that Common Council members are elected for four-year
staggered terms with one-half of the Council members being elected
every two years, and
WHEREAS, as the result of the 2000 census the City of Ithaca is
considering the need for reapportionment and expects to have such
reapportionment completed prior to the 2003 general election; and
in order to properly accomplish reapportionment all Council
members should be selected at once in 2003 on the reapportionment
basis, and
WHEREAS, the City wishes to continue the concept of Council
members serving staggered terms; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca, New York,
enacts the following Local Law:
LOCAL LAW NUMBER ____ OF THE YEAR 2001
A LOCAL LAW AMENDING ARTICLE II ENTITLED “CITY OFFICERS”, SECTION
C-10 THEREOF ENTITLED “MAYOR, JUDGE AND COUNCIL MEMBERS” OF THE
ITHACA CITY CHARTER.
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. Section C-10.A of the City of Ithaca Charter is
hereby amended as follows:
§ C-10. Election and terms of office of Mayor, Judge and Council
members
A. At the general election held in November 1995, and in every
four years thereafter, a Mayor shall be elected for a term of
four years. At the general election held in November 1989
and each sixth year thereafter, a City Judge shall be elected
for a term of six years. At the general elections held in
November 1983 and in November 1985, one Council member shall
be elected from each of the five new wards as described in §
C-3 of the Ithaca City Charter for a term of four years.
Thereafter, in each odd-numbered year, one Council member
shall be elected from each such ward in place of the Council
member whose term of office shall next thereafter expire,
such Council member to hold office for a term of four years.
Nothing in this section shall operate to shorten the term of
any public officer in office. In the case of any special
election for the office of any Council member, such vacancy
shall be filled by election from [either the old or new] the
ward[, as the case may be,] from which the Council member who
caused the vacancy was elected.
Section 2. Section C-10.B. of the City of Ithaca Charter is
Hereby amended as follows:
B. Notwithstanding the above, the term of all Council members
elected in [1991] 2001 shall be for a period of two years.
June 6, 2001
69
The term of ½ of the Council members elected in November of
[1993] 2003 shall be for a period of four years. The term of
½ of the Council members elected in November [1993] 2003
shall be for a period of two years. Thereafter, the term of
Council members shall revert to four years.
Section 3. Section C-10.C. of the Ithaca City Charter shall
be amended as follows:
C. For elections of Common Council members to be held in
November [1993] 2003, two Common Council members shall be
elected for each ward. On the election ballot there shall be
printed, for each ward, an office of member of Common Council
for a term of four years and an office of member of Common
Council for a term of two years. In all matters affecting
the nomination and designation of candidates for election, it
shall be designated whether the candidate is seeking the
office with a term of four years or the office with a term of
two years.
Section 4. Effective and operative date.
This local law shall become operative immediately and shall take
effect upon approval by electors of the City of Ithaca at the
general election to be held on November 6, 2001 and its filing in
the Office of the Secretary of State.
Carried Unanimously
21.3 Planning Department – Request to Establish a Capital
Project for Pedestrian, Bicycle, and Traffic Improvements along
Route 13, Dey Street, Third Street, and Cecil A. Malone Drive
By Alderperson Vaughan, Seconded by Alderperson Manos
WHEREAS, the City of Ithaca has been awarded a New York State
Multi-Modal Grant in the amount of $365,000 for improvements
related to pedestrian safety and access along Route 13, between
Cascadilla Street and Willow/Dey Streets, and
WHEREAS, the City of Ithaca’s Traffic Calming program, funded in
large part by New York State Multi-Modal Grant monies, is
currently working to calm traffic along Dey Street and in the
intersections of Dey and Third Streets with Route 13, and
WHEREAS, as a condition of site plan approval, Aldi, Inc. has
agreed to contribute 25% of the cost of rebuilding and widening
Third Street, subject to an upset of $20,000, exclusive of curbing
and sidewalks, for its proportionate share of the anticipated cost
for this work, and
WHEREAS, the funding provided for in this agreement with Aldi,
Inc. is set to expire in October, 2001, and
WHEREAS, as a condition of site plan approval, Wegmans Food
Market, Inc., has agreed to contribute toward the mitigation of
traffic impacts on the Southside residential neighborhood equal to
50% of the projected cost of such mitigation, not to exceed
$42,500, and
WHEREAS, the funding provided for in this agreement with Wegmans
Food Market, Inc. is set to expire January 1, 2002, and
June 6, 2001
70
WHEREAS, Dey Street, Third Street, and Cecil A. Malone Drive, in
the vicinity of Route 13, constitute major pedestrian and bicycle
travel routes, often in the face of high volumes of traffic; now,
therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project
#444 for Multi-Modal Improvements along Route 13 in an
authorization amount not to exceed $600,000, and be it further
RESOLVED, That said Project Funds shall be derived from the
following sources:
New York State Multi-Modal Grant $365,000
Aldi, Inc. 20,000
Wegmans Food Market, Inc. 42,500
City of Ithaca Issuance of Serial Bonds 172,500
$600,000
Motion to amend request
By: Alderperson Blumenthal, Seconded by: Alderperson Spielholz
RESOLVED, That the Bicycle Pedestrian Advisory Council and the
Board of Public Works will be consulted about the design for both
intersections prior to Common Council approval and construction
and reconstruction of the intersections.
Motion to withdraw amendment request
By: Alderperson Blumenthal
Carried Unanimously
Resolution passes unamended
21.4 Planning Department – Request to Establish a Capital
Project for the Inlet Island Promenade Cass Park Waterfront Trail
- Possible Resolution
By Alderperson Vaughan Seconded by Alderperson Pryor
WHEREAS, Tompkins County has received a New York State Multi-
Modal Grant in the amount of $77,000.00 for design, construction,
and related development of the Inlet Island Promenade, and
WHEREAS, Tompkins County has allocated these funds to the City of
Ithaca to incorporate into their overall development of Inlet
Island, and
WHEREAS, the City of Ithaca shall work in conjunction with the
Tompkins County Department of Planning on said project, and
WHEREAS, the City also has project funding sources from the 1997
Canal Corridor Initiative in the amount of $200,000, and
previously authorized City capital project funds in Capital
Project 275 in the amount of $175,000, and
WHEREAS, the City of Ithaca agrees to design and construct the
Inlet Island Promenade in accordance with the County’s
application for Multi-Modal Program Funding at a total Project
Cost of $452,000, and
WHEREAS, the City agrees to expend the funds in a manner
consistent with the requirements of the Multi-Modal Program, and
WHEREAS, the County has agreed to pay the City in quarterly
installments with repayment to the City within 30 days; now,
therefore, be it
June 6, 2001
71
RESOLVED, That Common Council hereby amends Capital Project #375
Improvements for the Inlet Island Promenade in an amount not to
exceed $277,000, and be it further
RESOLVED, That said project funds shall be derived from the
following funding sources:
Tompkins County (NYS Multi-Modal Grant) $ 77,000
1997 Canal Corridor Initiative 200,000
Previously authorized capital project
Funds in Capital Project #375 175,000
452,000
Amending Resolution
By: Alderperson Blumenthal, Seconded by Alderperson Farrell
RESOLVED, That the following resolved clause be added to the
resolution:
“RESOLVED, That the Mayor shall appoint a client committee for
the Inlet Island Design Study, with representation from Common
Council, the Board of Public Works, the Planning and Development
Board, the Conservation Advisory Council, the Parks Commission
and others as appropriate, and that the committee shall be
appointed prior to the commencement of the study.”
Carried Unanimously
Discussion followed on the floor regarding the design of the
promenade.
Main Motion as Amended
A vote on the main motion as amended resulted as follows:
Carried Unanimously
21.5 Planning Department – Request to Establish a Capital
Project for the Cass Park Waterfront Trail - Resolution
By Alderperson Vaughan, Seconded by Alderperson Blumenthal
WHEREAS, on August 24, 2000, the City of Ithaca Common Council
approved submission of a grant for $275,000.00 with a $275,000.00
match from the City of Ithaca to New York State for Environmental
Bond Act Funding for the Cass Park Waterfront Trail for a total
project cost estimate of $550,000, and
WHEREAS, this is the first phase of the proposed Cayuga
Waterfront Trail, and
WHEREAS, this phase of the project will rebuild the existing ¾
mile long Cass Park Trail and will add an additional 1-1/4 mile
of trail to form a loop trail, all to be paved with asphalt, and
WHEREAS, the City of Ithaca has been awarded $150,000.00 of the
requested $275,000.00 in Environmental Bond Act funding for the
Cass Park Waterfront Trail, and
WHEREAS, based on the grant award, City staff have developed a
Waterfront Trail project in the amount of $425,000 with $150,000
in New York State grant funds and the remaining balance funded by
the City; now, therefore, be it
June 6, 2001
72
RESOLVED, That Common Council hereby establishes Capital Project
#445 for the Cass Park Waterfront Trail, in an amount not to
exceed $425,000.00, and be it further
RESOLVED, That said Project Funds of $425,000 shall be derived
from the issuance of Serial Bonds, of which $150,000.00 will be
reimbursed through the New York State Environmental Bond Act
funding.
Carried Unanimously
June 6, 2001
73
22. New Business:
22.1 Review of July Meeting Date – Discussion
22.2 Request to Use Common Council Designation – Resolution
By Alderperson Pryor, Seconded by Alderperson Manos
WHEREAS, the Women with Disabilities Health Group of Tompkins
County is encouraging physicians and other health care
professionals to address the accessibility and health needs of
women with disabilities, and
WHEREAS, The Women with Disabilities Health Group will be mailing
a letter along with a survey to local physicians and health care
professionals asking for their support in removing the barriers
that impede access to health care and medical services, and
WHEREAS, Alderperson Diann Sams has been asked to put her name
and her affiliation as a member of Common Council on the
letterhead of the this group, and
WHEREAS, Common Council members wishing to use the designation of
their office to sponsor or endorse a particular cause should not
do so without the knowledge and approval of Common Council as a
body, in order to avoid possible confusion or misperception on
the part of the public, and
WHEREAS, Alderperson Diann Sams has requested such approval, and
WHEREAS, Common Council finds the use of designation of office
appropriate in this particular circumstance; now, therefore, be
it
RESOLVED, That Common Council approves Alderperson Sams’ use of
the designation of a Common Council member in the specific
circumstances set forth above.
After discussion both Alderperson Pryor and Alderperson Manos
withdrew their motion to support this request.
22.3 Benchwarmer’s Alcohol Permit Request
By Alderperson Pryor, Seconded by Alderperson Vaughan
WHEREAS, Benchwarmers Restaurant on the Commons has requested an
outdoor dining permit with permission for the sale and consumption
of alcohol, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Benchwarmers Restaurant, including
the responsible sale and consumption of alcohol, is desirable, and
June 6, 2001
74
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2001, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for Benchwarmers Restaurant that includes
the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop
coverage in the amount of $500,000.00 and the approval of an
outdoor dining permit.
Carried Unanimously
22.4 Taste of Thai’s Alcohol Permit Request
By Alderperson Glasstetter, Seconded by Alderperson Spielholz
WHEREAS, Taste of Thai Restaurant on the Commons has requested an
outdoor dining permit with permission for the sale and consumption
of alcohol, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Taste of Thai Restaurant, including
the responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2001, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for Taste of Thai Restaurant that includes
the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop
coverage in the amount of $500,000.00 and the approval of an
outdoor dining permit.
Carried Unanimously
22.5 Possible Motion to Enter into Executive Session to Discuss
Pending Litigation
By Alderperson Seconded by Alderperson
No items for this motion
22.6 Motion to Enter into Executive Session to Discuss the
Employment History of an Employee
By Alderperson Pryor, Seconded by Alderperson Spielholz
Carried Unanimously
June 6, 2001
75
UNFINISHED AND MISCELLANEOUS BUSINESS:
23.1 Appointment of Common Council liaison to the Ithaca Downtown
Partnership.
Moved by Alderperson Hershey, Seconded by Manos
RESOLVED, That Pat Pryor be nominated to serve a two year term on
this committee as a voting board member.
Carried Unanimously
Discussion regarding notification
By: Alderperson Blumenthal, Seconded by:
RESOLVED, That a notice will be sent to property owners, not
necessarily the people who pay the taxes so virtually all the
property owners will be notified and will not be very expensive.
It should only cost close to $260.00 or $300.00 so using that as
a model, I thought that it would be something that we could do.
REPORT OF COUNCIL LIAISONS:
No reports
ADJOURNMENT:
On a motion the meeting adjourned at 12:10 A.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor