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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. 319 -2- 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. 320 -3- 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 321 -4- 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 -S- 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)