HomeMy WebLinkAboutMN-CC-1984-03-15� 07
COW-40N COUNCIL PROCF)_ :J)TNGS
CITY OF ITHACA, NEW YORK
Special Meeting 7 :30 P.M. March 1S, 1.984
PRESENT:
Mayor - Gutenberger
Aldermen (9) _. DI ennis, Maine, llof;,:,;.�, lioldsT- north, Killeen, Myer;;
P eterson, komaiiowsk " ,
ABSENT:
Alderman (1) - Cummings
OTHERS PRESENT:
Urban Renewal Agency members - Gutenberger, Dennis, Jones, Stein
Dep. Dir., Planning & Development - Sieverding
Dir., Planning & Development - Van Cort
Asst. Fire Chief - Reeves
City Clerk - Rundle
Sr. Vice Pres., Citizens Savings Bank - George Gesslein
Developer, Center Ithaca - Stan Goldberg
Architect, Center Ithaca - Peter Levatich
Corporate Counsel - Stumbar
-� PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Alderman Schlather commented that he wished to make it clear that
there were two resolutions in connection with the proposed rezoning
in Collegetown, both of which call for a public hearing on April 4,
1984.
PETITIONS AND HEARINGS OF PERSONS BEFORE THE COUNCIL:
Center Ithaca
Elva Holman, 141 Pearsall Place, Chairman of the Commons Advisory
Board, addressed the Council as follows: "The Commons Advisory Board
(awoe has not yet met in formal session since the Center Ithaca plans were
presented. However, in informal conversation with members of the
CAB there is concern about the handling of the public space in the
Center now that the proposed redesign calls for the atrium to be used
as dining space for the Center Ithaca eating establishment. If_
Council should so choose, the CAB would be willing to review the
closing documents, the agreement between Center Ithaca and the City
on the handling of tenants for the use of that space and forward to
you recommendations on how that space would be handled."
SPECIAL ORDER OF BUSINESS:
Collegetown UDAG Terms
Herman Siever ing reported to the Council on the status of the project.
Mr. Van Cort informed the Council that HUD had volunteered to come
to Ithaca to meet with the Council, pgssibl.y before April 4, 1984, to
discuss the project. He will. arrange the meeting.
B -1. Resolution Calling for Public Hearing on Proposed Rezoning in
Collegetown
By Alderman Schlather: Seconded by Alderman Holdsworth
RESOLVED, That Ordinance No. 84- entitled. "An Ordinance Amending
thU 2011 inc(i Map and SS 30.21 entitled 'Establishment of Zoning
(two., Districts'; 30.2S, 'District Regulations'; 30.37, 'Off- street
Parking' and 30.S9, 'Design Review Board' of Chapter 30 entitled
'Zoning' of the Cit•)- of Tthaca Nfilnicipal Code" be, and it hereby
is, introduced befure tlic: Commc'>> Council of the ALty of Ii_haca,
New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chamber, City Hall, 108 East Green Street,
in the City of Ithaca, New York on Wednesday, the 4th day of April,
1984, at 7:30 p.m. and be it further
-.2- March l5, 1984
RESOLVED, That the City Clerk give notice of such public hearing by
the publication of a notice in the official news paper, specifying
the time when and the place where such public hearing wi.l.l. be held,
and in general. terms describing the proposed ordinance. Such notice
shall be published once at least fifteen days prior t:o the public
hearing, a.r0 he it further
RESOLVED, That the City Clerk shall transmit a copy of 1:11e proposed
ordinance to the Board of Planning and Development of the City of
Ithaca for its report thereon.
ORDINANCE N0, 84-
AN ORDINANCE AMENDING THE ZONING MAP AND 9 30.21 ENTITLED "ESTAB-
LISHMENT OF ZONING DISTRICTS"; g 30.25, "DISTRICT REGULATIONS ";
8 30.37, "OFF- STREET PARKING "; and S 30.59, "DESIGN REVIEW BOARD"
OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE.-IT ORDAINED AND ENACTED by thEs.Commo.n Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING ZONING MAP.
"1. That the 'Official Zoning Map of the City of Ithaca., New York,'
as last amended, is hereby amended and changed so that all properties
currently zoned B -2a, B -2b fronting on Eddy Street, Dryden
Road or College Avenue, including properties so zoned (current
Assessment Parcel Nos. 63 - -6 -16.2, 63 =6 -17, 63 -6 -18, 63 -6 -22 and.
64 -2 -2S) which have no street frontage but which are contiguous to
properties zoned B -2a, B -2b and including also properties
owned by the City of Ithaca zoned P -1 fronting on Dryden Road.
as shown on the current Zoning Map, is reclassified and clianged to
the Collegetown Commercial District (C -CD)."
"2. That in accordance herewith the City Clerk is hereby directed
to make or cause to be made the necessary changes on. said Zoning Map.
SECTION 2. AMENDING SECTION 30.21.
That S 30.21 is hereby amended to add-
"C-CD Collegetown Commercial District."
SECTION 3. AMENDING SECTION 30.25.
That the District Regulations Chart, g 30.2S, is hereby amended
to add:
"Col. 1 C -CD
Col. 2 1. Any use permitted in B -2 District
See g 30.S9, Design Review
Col. 3. Any accessory use permitted in a B -2 District
See g 30.S9, Design Review
Col. 4. 1. Retail, restaurant and similar uses: l_ space
per 650 sq. ft.
2. Office, bank and similar uses: 1 space per
400 sq. ft.
3. Multiple dwellings, fraternities, sororities
and group houses: I space per 4 persons housed.
4. All other uses: See S 30.37.
Col. S. Same as B -2
Col. 6. Same as B -2b
!4
C)
0
GO
I
-S_ March IS, 1.984
Col. 7. Same as B -2b
Col. 8. None
Col. 9. 75
Col. 10. Same as B -2b
Col. 11. Same as B- "2b
Col. 12. Same as B -2b
Col. 13. Same as B -2b
Col. 14. Same as B -2b
Col. 15. Same as B -2b"
SECTION 4. AMENDING SECTION 30.37.
That Subdivision A.4, the Parking Space Requirements Chart, of
9 30.37 is hereby amended to read: (words added are underlined).
"PARKING SPACE REQUIREMENTS CHART
Use Space Per Each
Dwelling Unit [no change]
[no change]
Cooperative Household
Rooming or boarding
house, rooms let
Fraternity, Sorority,
Group House
Dormitory
Church, funeral home,
mortuary
Auditorium, theater,
bar, tavern, restaur-
ant
1 additional bedroom or
sleeping room in excess
of five such rooms,
except in C -CD, where 1
space shall be provided
for every 4 persons
housed.
[no change]
[no change]
1 two persons housed,
except in C -CD, where 1
space shall e provided
for every 4 persons
housed.
[no change]
[no change]
1 five seats, except in
C -CD, where I space shall
be provided for every 6SO
sq _ ft, for _a ,,_tavern,
restaurant.
Bowling alley [no change]
Hotel, motel, tourist home [no change]
Hospital, nursing or
convalescent home [no change]
"teci.i_ca1 or dental 1 250 sq. ft. of floor
office space, except in C -CD,
where 1 space shall be
provided for every 400
sq.
4-
Use Space
Nursery school, child
day care center, private
elem, or secondary school. [no change]
Office or bank.
building
Retail store, neighbor-
hood commercial facility
Wholesale or industry
Marina
Boat Launch
Yacht club
Boat rental
Marine sales
Boatel
Fishing pier
Boat storage or repair
March 1.5, 1984
Per Each
1 250 sq. ft. of office or
bank floor, except in
C -CD, where 1 space shall
be pr v decd —for every
400 sq. ft.
I 500 gross sq. ft. of floor
area, except in C -CD,
where 1 space shall e pro-
vided for every 50 sq. ft.
1 two employees on maximum
work shift
1.25 berth
8 r. amp
1 member family
1 S00 sq. ft, of loi: area
3 500 sq. ft. of gross
floor area
1 two employees on maximum
shift, plus
1 two sleeping rooms
1 1. 5 lineal feet of pier
1 two employees on maximum
shift, plus
1 500 sq. ft. of gross
floor area
SECTION S. AMENDING SECTION 30.59.
That Subdivisions B, C and D of 9 30.59 are hereby amended to read:
(words added are underlined; words d eleted are in (parentheses)).
"B. Purpose.
I rn
This section is intended to promote the general public welfare by
providing advisory recommendation or approval, as applicable, by the
Design Review Board to the Board of Planning and Development and the
Board of Zoning Appeals concerning architectural designs and plans for
new construction as well as alterations to existing structures. The N
objectives of this section shall be to =r)mote excellence of archi-
tectural and urban design, conservation of coliimunity resources such a
historic architecture and neighborhood character, and desirable urban
growth and development. The zones designated B -1 -b, B -2 -b (and),
C -SU a7)d C--CD on the (amended) Zoning Map of the City of Ithaca, as
amended, are considered to require such control because of their
special nature in terms of architectural character, intensity of
existing use and development, sensitivity to the effect of change in
use or other reason.
All applications for building permits or demolition permits within
the zones designated B -1 -b, B -2 -b, (and) C -SU, and C -CD and all zoning
appeals within the zones designated B -lb, B -2b, and C -SU and C -CD
shall be referred to the Design Review Board immediately upon receipt
-5- March 15, 1.981
of such application. The Building (,ommj,,.;ioner or the Director of
Planning and Development shall refer such plans or proposal t.o the
Design Review Board for advisory recommendation or approval. as
applicable in accordance with the purposes stated in B of this
Section. In addition, any indivi.du;)l or group proposing construction
or development anywhere within the boundaries of the City of Ithaca
may request the informal review and advisory recommendation of the
Design Review Board.
The Design Review Board shall meet within ten (10) days of receipt
of notice of such referral or request to review such plan or proposal,
and shall within twenty (20) days of receipt of such notice make
recommendations on the modifications if any which it deems necessary
or desirable in conformity with #(3 -)B above. Such review and recom-
mendation periods may be extended by mutual agreement of the indi-
vidual or group presenting the proposal and the Design Review Board,
The Design Review Board shall provide to the Board of Planning and
Development and to the Building Commissioner a written recommendation
concerning the acceptability of each plan or proposal and any neces-
sary or desirable changes within twenty (20) days of receipt of a
request or referral notice. The requirement for reporting may be
extended by agreement with the individual or group making the proposal,
but failure of the Design Review Board to act within either the twenty
�.: (20) days or the agreed -upon extended period shall constitute approval
of the plan or proposal as submitted. Recommendations of the Design
,�- Review Board shall not be binding upon the group or individual submit-
ting the plan or proposal, except in-the C -SU District, but shal.1. be
voluntary, unless such recommendations shall also be incorporated
into a decision of the Board of Zoning Appeals in the case of an
appeal action on such proposal. In the C -SU district, approval of
design must be given by the Design Review Board before a building
or demolition permit may be issued in connection with any plan or
proposal, as further specified in this Section and in Section 30.60,
below.
[no further change]
"D. Applicability.
The provisions of this Section shall apply to any action within
the B -1 -b, B -2 -b, (and) C -SU and C -CD zoning districts of the City
of Ithaca, and shall include, but not be limited to, the following:
1. through 6. ... [no further change]
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in g 3.11(B) of
the Ithaca City Charter.
Discussion followed on the floor.
Amendment to Resolution
By Alderman Killeen: Seconded by Alderperson Haine
RESOLVED, That SECTION 1. AMENDING ZONTNG MAP, paragraph 1, be
amended as follows:
line
3:
insert
"or
P -1"
following
B -21);
(6woo� line
7:
insert
"or
P -1"
following
B -2b; and
line
9:
insert
"and
Eddy
Street"
following Dryden Road.
Discussion followed on the floor.
A rote on the Amendment resulted as follows:
Ayes (1) - Killeen
Nays (8) - Peterson, Hoffman, Haine, Dennis, Holdsworth, Myers,
Schlather, Romanoiski.
Absent. (1) - Cummings
Motion Defeated
A rote on the Main Motion resulted as follows:
Carried Unanimously
6- March l ` >, 1984
B -2. Resolution Calling for Public Ilearing on Alternative to-Proposed
Rezoning in Collegetown
By Alderman Schlather: Seconded by Alderman Holdsworth
RESOLVED, That Ordinance No. 84- entitled "An Ordinance Amending
the Zoning Map and 9 30.25 entitled 'District Regulations'; of
Chapter 30 entitled 'Zoning' of the City o -f Ithaca Municipal Code,"
be, and it hereby is, introduced before the Common Council of the
City of Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance to be held at the
Common Council Chamber, City Hall, 108 East Green Street, in the Ci.i:y
of Ithaca, New York on Wednesday, the 4th day of April., 1.984 at
7:30 p.m., and be it further
RESOLVED, That the City Clerk give
the publication of a notice in the
time when and the place where such
in general terms describing the pr
be published at least fifteen days
it further
notice of such public bearing by
official newspaper, specifying the
public hearing will be held, and
oposed ordinance. Such notice shall
prior the public hearing, and be
RESOLVED, That the City Clerk shall transmit a copy of the proposed
ordinance to the Board of Planning and Development of the City of
Ithaca for its report thereon.
ORDINANCE NO. 84-
AN ORDINANCE AMENDING THE ZONING MAP AND S 30.25 ENTITLED "DJSTRICT
REGULATIONS" OF CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING ZONING MAP.
111. That the 'Official Zoning Map of the City of Ithaca, New Yor!-, .
as last amended is hereby amended and changed so that certain proper-
ties or portions of properties currently zoned P -1 or B -2a and having
frontage on the north side of the 100 block of Dryden Road, more
fully described as Assessment Parcel Nos. 63 -5 -6, -7, -8 and the
portion of Assessment Parcel No. 63 -5 -2 currently zoned 13-2a, are
reclassified and changed to B -2b."
"2. That in accordance herewith the City Clerk is hereby directed
to make or cause to be made the necessary changes on said Zoning M -p.'
SECTION 2. AMENDING SECTION 30.25.
"That the District Regulations Chart, S 30.25, is hereby amended
as follows:
Under Use District B -2, Sub - district B -2b, column 8, 'No. of
Stories,' delete 116" and add "NONE "; and in column 9, 'Height in
Feet,' delete "70" and add "75."
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance witl
law upon publication of notice as provided. in S 3.11_(B) of the Ithaca
City Cbar.ter.
Carried Ilnanimousa y
Center Ithaca Atrium Redesign
Ithaca Urban Renewal Agency Community Development Agency
By member Dennis: Seconded by member Stein
WHEREAS, Center Ithaca Associates and Citizens Savings Bank are
implementing the Halcyon Ltd. redesign proposals for Center Ithaca,
as conceptually modified by preliminary schematic design dated
March 15, 1984; and
-7-
March IS) 1,9813
WHEREAS, the redesign involves changes in the atrium of Center Ithaca,
the construction of which was funded in part with a UDAG loan to the
project; and
WHEREAS, as a result of this funding i.l,ere exists an agreement between
Center Ithaca Associates and the City governing the use of this space;
and
WHEREAS, modification to both the design of the atrium and this agree-
ment are necessary to implement the Halcyon, Ltd., Center Associates
and Citizens Savings Bank proposals for the atrium; now, therefore,
(Mell be it
RESOLVED, That the IURA recommend that the Common Council agree to the
following changes to the atrium and open -space agreement:
1. Permit utilization of the atrium for up to 30 movable tables
and 120 movable chairs for the purpose of providing seating
for customers of food service vendors, and for the public
generally without distinction. These tables and chairs shall
be removed if, from time to time, they are in conflict with the
public use of the atrium;
2. Permit utilization of up to 10% of the atrium space as leasable
(f area for use by Ithaca Center Associates to locate movable
carts or kiosks with a maximum height of 48 inches. These carts
and kiosks shall be removed if, from time to time, they are in
conflict with public use of the atrium;
3. Permit the charging of a reasonable fee by Ithaca Center
Associates when the atrium is utilized by any group where
services are provided by Ithaca Center personnel;
4. Permit public use of the atrium only during those times when
the Ithaca Center is open for normal operations;
and be it further
RESOLVED, That the IURA recommend that a joint committee composed of
representation of the bank, developer, Commons Advisory Board, Merchants
Association and the City be set up to iron out the details of the
design and revised operation and management of the atrium and report
back to the Planning and Development Committee; and be it further
RESOLVED, That the IURA recommend that the Common Council authorize
the Mayor to enter into an agreement with Center Associates imple-
menting these changes subject to the review and advice of the Corporate
Counsel and Director of Planning and Development, and provided further
that the conceptually modified preliminary schematic design dated
March 15, 1984 is implemented in concept by the developer.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
i Center Ithaca Atrium Redesign
Common Council
By Alderman Schlather: Seconded by Alderman Dennis
WHEREAS, Center Ithaca Associates and Citizens Savings Bank are
implementing the halcyon Ltd. rec'�?si.gn proposals for Center Ithaca
as conceptually modified by prelii::inary schematic design dated
March IS, 198'I ; and
WHERFA� ;, the redesign involves changes Iii the a Lrium of Center l l:haca ,
the construction of which was funded in part with a UDAG loan to the
project; and
WHEREAS, as a result of this funding there exists an agreement between
Center Ithaca Associates and the City governing the use of this space,
and
WHEREAS, modification to both the design of the atrium and this agree-
ment are necessary to implement the Halcyon, Ltd., Center Associates
and Citizens Savings Bank proposals for the atrium; now, therefore, be
it
31Z 1 . -8- March IS, 1984
RESOLVED, That the Common Council agree to the following changes to
the atrium and open -space agreement:
1. Permit utilization of the atrium for tip to 30 movable tables
and 120 movable chairs for the purpose of providing seating
for customers of food service vendors, and for the public
generally without distinction. These tables and r_ha.i.rs shall
be removed if from time to time they are in conflict with the
public use of the atrium.
2. Permit utilization of up to 100 of the atrium space as leasable
area for use by Ithaca Center Associates to locate not more
than a total of three (3) movable carts or kiosks with a ma.ximur
height of 48 inches. These carts and kiosks shall be removed
if from time to time they are in conflict with the public use
of the atrium.
3. Permit the charging of a reasonable fee by Ithaca Center.
Associates when the atrium is utilized by any group where
services are provided by Ithaca Center personnel.
4. Permit public use of the atrium only during those times when
the Ithaca Center is open, for normal operations;
and be it further
RESOLVED, That the Mayor recommend that a joint committee composed.
of representation of the bank, developer, Commons Advisory Board,
Merchants Association and the City of Ithaca be set up to iron out
the details of the design and revised operation and management: of
the atrium; and report back to the Planning & Development Committee;
and be it further
RESOLVED, That the Common Council authorize the Mayor to enter into
an agreement with Center Associates implementing these changes sub-
ject to the review and advice of the Corporate Counsel and Director
of Planning and Development and provided further that the preliminary
schematic design dated March 1S, 1984 is implemented in concept by
the developer.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Peterson, Hoffman, Haine, Dennis, Killeen, Myers,
Schlather, Romanowski
Nay (1) - Holdsworth
Absent (1) - Cummings
Carried
Recess
Common Council recessed at 9:20 p.m. and reconvened in Regular session
at 9.25 p.m.
Urban Development Action Grant (UDAG) Restructuring
Ithaca Urban Renewal Agency7Community Development Agency
By member Dennis: Seconded by member Stein
WHEREAS, the City has acquired, through the Department of Housing and
Urban Development, the services of Halcyon Ltd. to assist Center
Ithaca Associates and Citizens Savings Bank in analyzing financial
structure, design and market programs of Center Ithaca, and
WHEREAS, Halcyon, in a two -part recommendation has suggested that a
financial restructuring of the debt carried by Center Ithaca and re-
design of the retail portion of the project is necessary in order to
enhance the future viability and stability of the project, and
WHEREAS, Citizens Savings Bank, as mortgagee in possession, in
implementing Halcyon's recommendation, is proposing to reduce the
interest and terms of the UDAG loan made to the project by the City
as a condition necessary to raise the private funds required for the
redesign of Center Ithaca; now, therefore, be it
March 15, 19015
RESOLVED, That the IURA recommend that the Common Council agree to
the following changes to the terms of the $1.45m UDAG loan and land
mortgage to Center Associates:
1. Capitalize all interest accrued through March 31, 1.984 at the.
present rate;
2. Reduce the interest rate to 20 per annum to be paid from
available cash flow, starting April 1, 1993; available cash
flow will be the difference between project income less ordi-
nary operating expenses and first mortgage debt service.
3. Beginning in 1993, amortize the total outstanding UDAG loan
and land mortgage loan, including capitalized interest, on a
30 7year schedule;
4. Amend existing loan documents to provide a moratorium against
foreclosure providing that the available cash flow is utilized
to pay debt service on the first three mortgage loans as
previously described. The term of such moratorium shall be
!S� concurrent with that determined by FmHA, but be no more than
00 15 years.
()1
j� S. Amend existing loan documents to eliminate any prohibition
against converting some or all of the Ithaca Center to condo -
miniums. The final approval of the City for any condominiums
would occur when a sale is proposed and a release will be
sought from the City and an appropriate reduction of existing
debt is negotiated.
6. All above approvals are contingent upon the Ithaca Center being
resyndicated and $2.4 million raised in calendar year 1.984 to
permit redesign of the Center in accordance with attached
schematics.
and be it further
RESOLVED, That IURA recommends that the Mayor be authorized to enter
into any agreements necessary to effectuate these changes subject to
the review and advice of the Corporate Counsel and Director, Planning
and Development.
Carried Unanimously
Center Ithaca UDAG Restructuring
Common Council
By Alderman Dennis: Seconded by Alderman Schl.ather
WHEREAS, the City has acquired, through the Department of Housing
and Urban Development, the services of Halcyon Ltd. to assist Center
Ithaca Associates and Citizens Savings Bank in analyzing financial
structure, design and market programs of Center Ithaca, and
WHEREAS, Halcyon, in a two -part recommendation has suggested that a
financial restructuring of the debt carried by Center Ithaca and
redesign of the retail portion of the project is necessary in order
to enhance the future viability and stability of the project, and
WHEREAS, Citizens Savings Bank, as mortgagee in possession, in imple-
menting Halcyon's recommendation, is proposing to reduce the interest:
and terms of the UDAG loan made to the project by the City as a
condition necessary to raise the private fonds required for the re-
design of Center Ithaca; now, therefore, be it
RESOLVED, That thc. Common Couwic i l rj ree to 1-.he Following chanp(!�; to
the terms of the $1.45m UDAG loan and $250,000 land mortgage "to
Center Associates:
1. Capitalize all interest accrued through March 31, 1984 at the
present rate.
2. Reduce the interest rate to 2% per annum to be paid from
available cash flow startin,' April 1, 1993. Available cash
flow will be the difference between project income less ordi-
nary operating expenses and first mortgage debt service.
3 161 March 15, 1984
3. Beginning in 1993, amortize the total outstanding UDAG loan
and land mortgage loan including capitalized interest on a.
30 -year schedule.
4. Amend existing loan documents to provide a moratorium against
foreclosure providing that the available cash flow is u i,il i zed
to pa.y debt service on the first three mortgage loans as
previously described. The term of such moratorium shall_ be
concurrent with that determined by FmHA, but be no more than
15 years.
S. Amend existing loan. documents to eliminate any prohibition
against converting some or all of the Ithaca Center to condo-
miniums. The final approval of the City for any condominiums
would occur when a sale is proposed and. a release will be sought
from the City and an appropriate reduction of existing debt is
negotiated.
6. All above approvals are contingent upon the Ithaca Center being
resyndicated and $2.4 million raised in calendar year 1984 to
permit redesign of the Center in accordance with attached.
schematics.
and be it further
RESOLVED, That the Mayor be authorized to enter into any agreements
necessary to effectuate these changes subject to the review and advice
of the Corporate Counsel and Director of Planning and Development.
Carried Unanimously
Resi nation of De put Director, Planning & Development
Mayor Guten erger announced the resignation of Herman Sieverding,
Deputy Director of Planning and Development, who will be joining
American Home Funding Marketing Company, effective May 7, 1984, Mr.
Sieverding has worked for the City for 4z years, initially as a
Planner II and, more recently, as the City's first Deputy Director of
Planning & Development. Mayor Gutenberger expressed regrets at losing
Mr. Sieverding.
News Racks
By Alderman Schlather: Seconded. by Alderman Holdsworth
ORDINANCE NO. 84 -4
AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE
CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
Section 1. That the existing Article VIII of Chapter 65 of the
Ithaca City Municipal Code be, and the same is, hereby known and
designated as Article IX of Chapter 6S of the City of Ithaca Muni_ci.pal.
Code.
Section 2. That a new Article VIII of Chapter 65 of the Ithaca
City Municipal Code to be known and designated as Article VIII
Entitled "News Racks" is hereby added to the City of Ithaca Municipal
Code to read in the manner and the form annexed.
Section 3. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
g 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
Amendment to Resolution
By Alderman Schlather: Seconded by Alderman Romanowski
RESOLVED, That para. D of S 65.85 entitled "Requirements for News
Racks Permitted on Sidewalks and Parkways" be amended to read as
follows:
"No news rack allowed under paragraph (C) hereof, shall weigh in
excess of 100 pounds when empty."
Carried Unanimously
-11-
March 1S, 19A417
Discussion followed on the Main Motion As Amended.
A vote on the Main Motion As Amended resulted as follows:
Carried Unanimously
TOMTRAM P,
By Alderman Schlather: Seconded by Alderman Hoffman
WHEREAS, Greyhound bus service is i r,adequate i_o meet local comirjuter
transit needs between the City of Ithaca and outlying communities
of Dryden, Groton, Freeville, Etna, Varna, Lansing, Cayuga Heights
and the Town of Ithaca, including the special transportation needs
of elderly and handicapped residents in these areas; and
WHEREAS, TOMTRAN /Ithaca- Dryden Transit (IDT) provides local public
transit service, convenient to residents of these communities; and
WHEREAS, TOMTRAN /IDT provides residents with access to employment,
education and job training, recreation, shopping, public services
and health care; and offers reduced fares and alternate accessible
transportation service for the elderly and handicapped, and special
(.! reduced fares for youth and commuters; and
(�) WHEREAS, the existence of these and other TOMTRAN transit programs
provide an economic benefit to the City of Ithaca by enhancing
access to the City's retail trade and reinforcing the City's role
as the county's central focus for employment, services and trade;
<X. and
WHEREAS, TOMTRAN /IDT has cooperated closely with the Ithaca Transit
bus system, allowing connections between routes, and transfers; and
WHEREAS, C.U. Transit, Inc. contracts with Tompkins County and
provides reliable, safe, efficient and well- managed operation of
TOMTRAN /IDT; now, therefore, be it
(WOO., RESOLVED, That the Common Council of the City of Ithaca supports the
continuation of all current TOMTRAN services; and be it further
RESOLVED, That Common Council requests the New York State Department
of Transportation to make available to the County of Tompkins the
already agreed upon allocation of Section 18 funding necessary for
the operation of TOMTRAN /IDT.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Dennis, Haine, Hoffman, Hol.dsworth, Myers, Peterson,
Romanowski, Schlather
Nay (1) - Killeen
Absent (1) - Cummings
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 10:48 p.m.
J _eph A. Rundle, City Clark I n C. Gutenberger; Mi ,r
11J_IS
ORDINANCE 84.4
CHAPTER 65
PUBLIC SAFETY
ARTICLE VIII
NEWS RACKS
S 65.81 Legislative Intent
The intent of this Article is to protect the public health,
welfare and safety by regulating the size, weight, appearance
and placement of news racks on public property in the City of
Ithaca so as to promote compatible uses and safety in the least
intrusive manner so as to avoid arbitrary and unnecessary
curtailment of freedom of speech and freedom of the press by
such regulation.
S 65.82 Definitions
"News racks" shall mean any self - service or coin - operated. box,
container, storage unit or other dispenser installed, used, or
maintained for the display, distribution or sale of newspapers,
magazines, news periodicals or other news publications.
"Street" shall mean all that area dedicated to public use for
public street purposes and shall include, but not be limited to
roadways, parkways, alleys, sidewalks and pedestrian malls.
"Roadway" shall mean that portion of a street improved., designed,
or ordinarily used for vehicular travel.
"Parkway" shall mean that area between the edge of the roadway
and the adjacent property line excluding that area occupied by the
sidewalks. Parkway shall also include any area within a roadway
which is not open to vehicular travel.
"Pedestrian Mall" shall mean a public thoroughfare designed as a
promenade for pedestrians from which vehicles are to be restricted
or prohibited.
"Sidewalk" shall mean any paved surface provided for the exclusive
use of pedestrians.
S 65.83 General Prohibition - Roadways of Public Streets
No person shall install or maintain any news rack which projects
onto, into or over any part of the roadway of any public street, or
which rests, wholly or in part, upon or over any portion of a. road-
way.
S 65.84 Limited Installation Permitted - Sidewalks and Parkways
No person shall install or maintain any news rack which in whole
or in part rests upon, in or over any sidewalk or parkway, when
such installation endangers the safety of persons or property, or
when such site or location is used for public utility purposes,
public transportation purposes or other government use, or when
such news rack unreasonably interferes with or impedes the flow
of pedestrian or vehicular traffic, the ingress into or egress
from any residence, place of business, or any legally parked or
stopped vehicle, or the use of poles, posts, traffic signs or
signals, hydrants, mailboxes, or other objects permitted at or
near said location, or when such news rack interferes with the
cleaning of any sidewalk by the use of mechanical sidewalk clean-
ing machinery.
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S 65.85 Requirements for News Racks Permitted on Sidewalks and
Parkways
Any news rack which in whole or in pars: rests upon., in or over
any sideaLilk or parl:wiy shall comply, wiih thy: following standards:
A. No news rack shall exceed foul feet in height, thi_r. i:y inches
in width, or two feet in depth.
B. News racks shall only be placed near a curb or adjacent to
the wall of a building. News racks placed near the curb sha.l.l be
placed a distance of 18 inches between the face of the curb and.
the nearest edge of the news rack. News racks placed adjacent to
the wall of a building shall be placed parallel to such wall and
not more than six inches from the wall.
C. News racks may be chained or otherwise attached to on.e
another; however, no more than three news racks may be joined to-
gether in this manner, and a space of no less than forty-four inches
shall separate each group of three news racks so attached.
D. No news rack allowed under paragraph (C) hereof, shall weigh
in excess of 100 pounds when empty.
E.
No news
rack
shall
be
placed, installed, used or maintained:
1.
within
three
feet
of
any mar]: (,d crossiva l k .
2. at any intersection: within the triangular area formed by
the intersection of the curb lines as extended to a point, thence
thirty feet from said point along each curb line to respective points
on each curb line, thence on a line connecting said respective curb
line points, all as - --
Illustration I
3. within fiftee
,is more rully 111ustratea in !I
curb
edge
n feet of any tire hvdrant. or of
lustration I below.
her fire- related
sprinkler or standpipe water connections, fire call box, police call
box, or other emergency facilit),.
4. within Five feet of any drh-c%vay.
S. within five feet of any public telephone.
6. within three feet ahead of, and thirty-five feet to the rear
of any sign marking the front end of a designated bus stop.
7. within three feet of any bus stop bench.
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8. at any location whereby the clear space for the passageway
of pedestrians is reduced. to less than four feet.
9. on any area improved with lawn, flowers, shrubs or trees; or
attached*to any flowers, shrubs or trees; or within three feel-. of
any display window of any building 8butti.ng the sidewalk or parl"way
or in such manner as to impede or interfere with the reason-able use
of such window or display purposes.
10. within any city park.
11. within one - hundred feet of any other news rack on the same
side of the street in the same block which contains the same issue
or edition of the same newspaper or news periodical.
F. No news rack shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase
of the newspaper or news periodical sold therein.
G. No pad, pole or other permanent fixture used for securing a
news rack at any particular site shall be installed except in
compliance with the rules and regulations of the Department of
Public Works.
H. Each news rack shall be maintained in a clean, neat and
attractive condition and in good repair at all times.
g 65.86 Name, Address, 'Telephone Number Required
Every person who, or entity which places or maintains a news rack
on the streets in the City of Ithaca shall have his /her /its name,
address, telephone number affixed thereto in a place where such
information may be easily seen. For purposes of this article, such
person or entity shall be deemed to be the owner of the news rack.
g 65.87 Removal
A. Emergency Removal
When any news rack is in violation of the provisions of the
article and constitutes an actual and imminent obstruction to
traffic, either vehicular or pedestrian, or other safety hazard
which cannot be cured by relocation of the news rack to a
nearby site, the news rack may be removed by the Superintendent
of Public Works or by order of the Ithaca Police Department or
Fire Department to a secure location under the care and control of
the City of Ithaca. Upon such removal, the removing agent must
immediately give notice of such removal and an opportunity to be
heard to the owner of the news rack in the manner set forth below.
The City shall not be liable for any reasonably unavoidable damage
sustained to the news rack in connection with such emergency
removal.
B. Non - emergency Removal
When any news rack is found in violation of this order but does
not constitute an actual and imminent obstruction to traffic, either
vehicular or pedestrian, or other safety hazard which cannot be
cured by relocation of the news rack to a nearby site, the news
rack may only be removed after notice of the proposed removal. and
an opportunity to be heard has been given to the owner of the news
rack in the manner set forth below.
C. Notice
1. If a news rack is removed under the emergency removal pro-
visions set forth herein, notice of such removal shall be given to
the owner of the news rack by, within twenty -four hours after said
removal, telephoning the owner of the news rack at the telephone
number listed on the news rack and mailing a written notice of the
same to the owner at the address specified on the news rack. If
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there is no telephone number or address specified on the news rack,
the removing agent shall take all reasonable steps necessary to
discover the identity ()f the owner of th(! news rack, and. within
twenty -four hours of such discoverv, give notice as provided herein.
If, after taking such reasonable steps, the identity of the owner
remains titi.know-ii, i:i►e I;ews rack fua� 'I)u rc�n ai
ioved it;,er the elliergency
removal provision herein.
2. In all other cases notice of a proposed removal shall. be in
(WOO., writing and mailed to the owner of the news rack at least ten days
before the proposed removal is scheduled to occur.
3. All notices required herein shall be in writing and contain
the following information:
a. the location of the news rack which is in violation.
b. the nature of the violation claimed.
10
Q) C. the site to which the news rack will be, or in the case
of an emergency removal, has been removed.
CO d. the name, address and telephone number of the city
(T) official to be contacted for recovery of the news rack
<f by the owner.
e. a statement setting forth the owner's right to a hearing
prior to any non - emergency removal or, promptly after
any emergency removal, together with an automatic stay of
all removal proceedings pending completion of such hearing.
f. a statement setting forth the hearing procedure indicating
how such hearing is to be requested, before what body it
is to be held and the time when it is to be held.
D. Hearings
Any hearings held herein shall be conducted by the Board. of Public
Works at its regularly scheduled meetings upon demand therefor in
writing by the owner of the news rack or his /her agent. Such hearings
shall be held no less than 10 days after demand therefor. The owner
of the news rack shall be entitled to be represented by an attorney,
and present witnesses and evidence as is deemed appropriate by said
owner. Formal rules of evidence shall not be required; however, the
owner of the news rack shall be accorded due process of law in all
respects. The decision of a majority of the full Board of Public
Works shall be the final decision for purposes of administrative pro-
ceedings.
E. Temporary Removal
Any news rack which is otherwise in conformity with provisions
of this article but which is attached to city property which must
be repaired, replaced or removed, may be temporarily removed in the
same manner as provided for the emergency removal of news racks
provided that said news rack is restored to the same location as
soon as the repair, replacement or removal of city property is
complete. Notice of such temporary removal and the opportunity
(amo"' for a hearing must be given to the owner of the box as provided
above.
5 65.88 Separability
If any provision of this Article shall be Held invalid or in-
effective in whole or in part for any reason whatsoever, it is the
purpose and intent of this Article that all other provisions
thereof shall nevertheless be separably and .Cully effective.
322
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S 65.89 Penalty for Violations
The violation of any of the provisions of this Article shall be
punishable as prescribed in S 1.10 of this Code. The i_mposit. ion
of one penalty for any single violation shall not excuse that
violation or permit it to continue; and all persons cited for
violation(s) shall be required to remedy such violation(s) within
a reasonable time; and when not otherwise specified, each day that
prohibited conditions are maintained shall constitute a separate
offense. In addition to other remedies, the Superintendent of the
Department of Public Works, or his /her designee, may institute any
appropriate action or proceedings to prevent or remedy any violation
of any of the provisions of this Article.
Authority: Charter S 3.9(10)
Gen. City L. S 20(13), (22)
References: Kash Enterprises, Inc. v. City of Los
Angeles, 562 P. 2d 1302, 138 Cal.
Rptr. 53, (1977)