HomeMy WebLinkAboutMN-CC-2001-06-13
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Continued Meeting 7:00 p.m. June 13, 2001
Continuation of June 6, 2001 Regular Common Council Meeting
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Blumenthal, Manos, Farrell, Vaughan, Spielholz,
Taylor, Hershey, Glasstetter
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
Planning and Development Director – Van Cort
Deputy Director of Planning and Development – Cornish
City Controller – Cafferillo
Deputy City Controller - Thayer
EXCUSED:
Alderperson Sams
Continuation of a Public Hearing To Amend Chapter 325 Entitled Zoning of the
City of Ithaca Municipal Code Regarding Exterior Property Maintenance
Resolution to Open Public Hearing
By Alderperson 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.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close the Public Hearing
By Alderperson Hershey: Seconded by Alderperson Farrell
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.
Carried Unanimously
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
Resolution to Open Public Hearing
By Alderperson Spielholz: Seconded by Alderperson Blumenthal
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 open.
Carried Unanimously
The following people addressed Common Council:
Frances Weissman, City of Ithaca, spoke in support of the proposed legislation.
Mary Tomlan, City of Ithaca, spoke in support of the proposed legislation.
Doreen Rudan, City of Ithaca, voiced her concern about 224 Bryant Avenue’s request to
remove this zoning requirement.
June 13, 2001
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Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson 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.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning Committee
Alderperson Farrell requested the deletion of Item 18.6 – Resolution Supporting the
Establishment of a New City of Ithaca Neighborhood Based Planning Initiative.
No Council member objected.
Economic Development Committee
Mayor Cohen requested the deletion of Item 19.4 – Economic Development Tracking
Sheet – Discussion. Mayor Cohen stated that this item will be discussed at the June
14, 2001 Economic Development Committee meeting.
No Council member objected.
MAYOR’S APPOINTMENTS:
By Mayor Cohen: Seconded by Alderperson Pryor
Ithaca Landmarks Preservation Commission
RESOLVED, That Common Council approves the appointment of Byron Suber to serve
on the Ithaca Landmarks Preservation Commission with a term to expire December 31,
2001, and be it further
RESOLVED, That Common Council approves the appointment of Helen Snyder to
serve on the Ithaca Landmarks Preservation Commission with a term to expire
December 31, 2003.
Disability Advisory Council
RESOLVED, That Common Council approves the appointment of Greg Gizewski to
serve on the Disability Advisory Council with a term to expire June 30, 2002, and, be it
further
RESOLVED, That Common Council approves the appointment of Michelle Hardy-Cook
to serve on the Disability Advisory Council with a term to expire June 30, 2002.
Ithaca Housing Authority
RESOLVED, That Common Council approves the appointment of John Pirko to serve
on the Ithaca Housing Authority with a term to expire October 17, 2003.
RESOLVED, That Common Council approves the appointment of Alvin Nelson to serve
on the Ithaca Housing Authority Board with a term to expire October 17, 2004.
Board of Zoning Appeals
RESOLVED, That Common Council approves the appointment of Steven Beer to serve
on the Board of Zoning Appeals with a term to expire December 31, 2003.
Housing Board of Review
RESOLVED, That Common Council approves the appointment of Christopher Anagnost
to serve on the Housing Board of Review with a term to expire December 31, 2003.
June 13, 2001
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Affirmative Action Committee
RESOLVED, That Common Council approves the appointment of Lauren Signer to
serve on the Affirmative Action Advisory Committee with a term to expire December 31,
2001.
Planning Board
RESOLVED, That Common Council approves the appointment of G. Zurenda to serve
on the Planning Board Committee with a term to expire December 31, 2002.
A vote on all of the Mayor’s appointments resulted as follows:
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Council to express their concern and disapproval of the
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, spoke in support of Fay Gougakis, and South West
Development.
Dan Hoffman, City of Ithaca, addressed Council regarding proposed legislation for
rezoning the Southwest Area.
COMMUNICATIONS :
The following written communications were read by the City Clerk:
Joel Savishinsky, City of Ithaca - Collegetown East Hill re-zoning
Nancy Kelly, Bryant Park Resident - support of re-zoning of Collegetown/East Hill
Camille Ouckama, City of Ithaca, wrote to Council regarding West Hill traffic problems
RESPONSE TO THE PUBLIC:
Joan Spielholz responded to comments made regarding the removal and arrest of Ms.
Gougkais. She stated that she regrets her actions during the chaos, and hopes that
something like that never happens again.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Hershey announced that on June 21, 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:
Mayor Cohen presented the Quarterly Employee Recognition award to Rose Tucker for
her assistance to Caroline Copensky during a medical emergency.
June 13, 2001
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Mayor Cohen proclaimed June as National Aphasia Awareness month.
Mayor Cohen reported on the status of the Ithaca Falls clean up project. He further
informed Council that new items have been added to the Transportation Improvement
Program. Two items that were added, with funding, were the reconstruction of
Coddington Road and Warren Road. As Coddington Road feeds into the South Hill
neighborhood, he raised many traffic related concerns and voiced his interest in
allowing the City to review the proposed design in advance.
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
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WHEREAS, Susan Brock has had significant involvement in the formulation and drafting
of the Exterior Property Maintenance Ordinance, and the Telecommunications
Ordinance, and
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 13, 2001
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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
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.
June 13, 2001
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(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 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]
June 13, 2001
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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,
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 not 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
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 – Determination of
Environmental Significance
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
June 13, 2001
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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
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.
Ayes (8) Pryor, Blumenthal, Glasstetter, Manos, Farrell
Spielholz, Taylor, Hershey
Nays (0)
Recusal (1) Vaughan
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
Ordinance 01-
BE IT ORDAINED AND ENACTED by Common Council of the City of Ithaca as follows:
Section 1. Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca is
hereby amended to create a new zoning district to be known as the Southwest District
(SW-1/SW-2/SW-3).
June 13, 2001
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Section 2. 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 3. 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.
Section 4. 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
June 13, 2001
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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
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 5. 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
June 13, 2001
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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 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:
General Notes: Subject to further provisions of §325-30
Al columns established by this section are subject to the supplementary regulation
stated in Article V of this ordinance. (Please see Chapter 325, Article V Supplemental
Regulations, Section 325-30 Building Setback)
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.
A vote on the Ordinance resulted as follows:
Ayes (7) Pryor, Manos, Taylor, Hershey, Glasstetter,
Spielholz, Farrell
Nays (1) Blumenthal
Recusal (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
June 13, 2001
13
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 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.
Alderperson Blumenthal raised concerns regarding the inclusion of the 27.5 acres set
aside land in this Resolution as this has not been discussed thoroughly in committee.
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Spielholz
RESOLVED, That the first Resolved clause be removed from the resolution.
Discussion followed on the floor regarding the Planning and Development Board’s
requests.
A vote on the Amending Resolution resulted as follows:
June 13, 2001
14
Ayes (1) Blumenthal
Nays (8) Pryor, Hershey, Taylor, Spielholz, Manos
Taylor, Farrell, Vaughan, Glasstetter
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
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 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
June 13, 2001
15
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, 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 __ -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
§ 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.
June 13, 2001
16
§ 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 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.
June 13, 2001
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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 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.
June 13, 2001
18
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.
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.
June 13, 2001
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§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.
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 13, 2001
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§ 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.
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
June 13, 2001
21
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 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
June 13, 2001
22
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 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
June 13, 2001
23
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.
(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.
June 13, 2001
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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.
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.
June 13, 2001
25
(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 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.
June 13, 2001
26
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 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
June 13, 2001
27
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 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.
June 13, 2001
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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 thanked Attorney Susan Brock, Alderperson Blumenthal and the
Committee members who spent many hours compiling this legislation.
City Attorney Schwab noted for the record that the proposed ordinance was referred to the
Tompkins County Department of Planning pursuant to Section 239 LM of the New York
State General Municipal Law, and no comments have been received.
A vote on the Ordinance resulted as follows:
Ayes (8) Manos, Pryor, Farrell, Blumenthal, Vaughan,
Spielholz, Hershey, Taylor
Nays (0)
Abstentions (1) Glasstetter
Carried
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 of the proposed East hill rezonings.
Carried Unanimously
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
June 13, 2001
29
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. --
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 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)
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.
June 13, 2001
30
Extensive discussion followed on the floor regarding the removal of 400 block of the
West Side of Eddy Street.
Amending Resolution:
By Alderperson Glasstetter: Seconded by Alderperson Taylor
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)
Alderpersons Spielholz, Vaughan and Blumenthal spoke in opposition to the
amendment.
City Attorney informed Council that this amendment would not be a substantive change
requiring further public notice. She further stated that pursuant to law, this Resolution
would require an affirmative three quarters (3/4) vote of Common Council.
Alderpersons Blumenthal, Spielholz and Vaughan stated that they would reluctantly
support the amendment because they believe the re-zoning for the rest of the area is
very important.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion As Amended
A vote on Main Motion as Amended resulted as follows:
Carried Unanimously
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 Alderperson 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.
Carried Unanimously
June 13, 2001
31
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 Harbor
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 an Environmental Assessment Form (EAF); 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 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 Farrell: 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
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 Harbor
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
June 13, 2001
32
WHEREAS, grant funding for public waterfront improvements at Old Port Harbor
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 Harbor 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 Harbor 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 Harbor 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 Harbor 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
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
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 Harbor site, to the following substitute activities:
$199,000 Argyle Associates, LLC public access waterfront improvements at
708 W. Buffalo St. (former Old Port Harbor restaurant site)
$35,000 PB Associates renovations at 403 Taughannock Blvd. resulting in
public access waterfront improvements
$234,000
and, be it further,
RESOLVED, 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, and, be
it further
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
June 13, 2001
33
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.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Farrell
RESOLVED, That an 11th Whereas clause be added to read as follows:
“WHEREAS, Argyle and PB Associates agree to provide public easements across their
properties to allow the public to access and use the waterfront promenade, and”
Carried Unanimously
Amending Resolution:
By Alderperson Farrell: Seconded by Alderperson Hershey
RESOLVED, that a Resolved Clause be added after the first Resolved clause to read
as follows:
“RESOLVED, 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 and be it further”
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
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
June 13, 2001
34
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
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
18.9 (a) 705 Giles Street - Declaration of Lead Agency for CEQR/SEQR
By Alderperson Farrell: 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
June 13, 2001
35
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, 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
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,
June 13, 2001
36
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:
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.
June 13, 2001
37
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/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.
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
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
June 13, 2001
38
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 the appeal process when the Chamberlain
denies a request.
A vote on the Resolution resulted as follows:
Carried Unanimously
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.
June 13, 2001
39
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. 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
June 13, 2001
40
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
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
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Spielholz
RESOLVED, That the following Resolved clause be added to the resolution:
“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.”
Upon further discussion regarding this amendment, Alderpersons Blumenthal and
Spielholz withdrew the motion.
Main Motion:
A vote on the Main Motion resulted as follows:
Carried Unanimously
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
June 13, 2001
41
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
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
Discussion followed on the floor regarding the design of the promenade.
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
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
June 13, 2001
42
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
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.
Discussion followed on the floor regarding necessary reductions due to reduced funding.
A vote on the Resolution resulted as follows;
Carried Unanimously
22. New Business:
22.1 Review of July Meeting Date – Discussion
By Alderperson Vaughan: Seconded by Alderperson Hershey
RESOLVED, That the July 2001 Regular Common Council meeting be held on
Thursday, July 5, 2001 at 7:00 p.m.
Carried Unanimously
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 Alderpersons Pryor and Manos withdrew their motion.
June 13, 2001
43
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
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
June 13, 2001
44
EXECUTIVE SESSION:
By Alderperson Pryor, Seconded by Alderperson Spielholz
RESOLVED, That Common Council adjourn into Executive Session to discuss the
employment history of an individual employee and to discuss pending litigation.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened into Regular Session with no formal action taken.
UNFINISHED AND MISCELLANEOUS BUSINESS:
23.1 Appointment of Common Council liaison to the Ithaca Downtown
Partnership.
By Alderperson Hershey: Seconded by Alderperson Manos
RESOLVED, That Alderperson Pryor be nominated to serve a two year term on this
committee as a voting Board member.
Carried Unanimously
23.2 Notification to Public Regarding Exterior Maintenance Ordinance -
Resolution
By Alderperson Blumenthal: Seconded by Alderperson Taylor
RESOLVED, That a newsletter regarding the adoption of the Property Maintenance
Ordinance will be mailed with receipts for tax notices to all property owners in the City of
Ithaca with a cost not to exceed $260.00
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 12:10 A.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor