Loading...
HomeMy WebLinkAboutMN-CC-2001-06-06 1 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 2 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 June 6, 2001 3 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 June 6, 2001 4 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 5 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 6 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 7 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 June 6, 2001 8 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 9 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. June 6, 2001 10 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 11 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 12 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