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HomeMy WebLinkAboutMN-CC-1995-06-07June 7, 1995 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. June 7, 1995 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Johnson, Mackesey, Gray, Efroymson, OTHERS PRESENT: City Clerk - Conley Holcomb City Controller - Cafferillo City Attorney - Guttman Planning and Development Director - Van Cort Police Chief - McEwen Superintendent of Public Works - Gray Board of Public Works Commissioner - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the April 5, 1995 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Shenk RESOLVED, That the Minutes of the April 5, 1995 Common Council meeting be approved with the corrections noted by Alderperson Schroeder. Carried Unanimously Approval of the Minutes of the May 3, 1995 Common Council Meeting By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That the Minutes of the May 3, 1995 Common Council meeting be approved with the correction noted by Alderperson Booth. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Economic Development Committee Alderperson Mackesey requested the addition of a resolution regarding the BT Glass building. No Council member objected. New Business Alderperson Mackesey requested the addition of a resolution concerning the Civil Service Law. No Council member objected. Executive Session Alderperson Mackesey requested an Executive Session at the end of the meeting to discuss possible litigation. No Council member objected. MAYOR'S APPOINTMENTS: Cable Commission Mayor Nichols requested Council approval for the appointment of Jill Brantley, 613 Utica Street to the Cable Commission with a term to expire December 31, 1995. Resolution By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That Council approves the appointment of Jill Brantley to the Cable Commission with a term to expire December 31, 1995. Carried Unanimously June 7, 1995 Conservation Advisory Council Mayor Nichols requested Council approval for the appointment of Martin Violette, 145 Cascadilla Park to the Conservation Advisory Council with a term to expire December 31, 1995. Resolution By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That Council approves the appointment of Martin Violette to the Conservation Advisory Council with a term to expire December 31, 1995. Carried Unanimously Affirmative Action Advisory Committee Mayor Nichols announced that he has appointed Arleathia "Cissy" Evans, 417 Cascadilla Street, and Julia Diann Sams, 521 First Street, to the Affirmative Action Advisory Committee, with terms to expire December 31, 1996 and December 31, 1997, respectively. Youth Bureau Advisory Council Mayor Nichols announced that he has appointed Joan Spielholz, 101 Orchard Place to the Youth Bureau Advisory Council with a term to expire December 31, 1997. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Octopus Design Ms. Faye Gougakis, 412 East Tompkins Street, spoke to Council in opposition to the design of the proposed construction at the Octopus. Pedestrian Walkways, Bike Routes on Route 13 Ms. Gougakis stated that she is disappointed to read that the merchants on Route 13 do not want pedestrian sidewalks or bicycle routes on Route 13. She further feels that the community should be promoting non-vehicular roads. She stated that she is also very disturbed about the widening of the road in front of Buttermilk Falls State Park, and that there should have been public hearings held on that matter. Archive/Cable Access Ms. Gougakis addressed Council on the issue of an archive for cable access. She further stated that she thinks the Cable Commission should be dismantled, and she noted her opposition to the appointment of Jill Brantley to the Cable Commission. New York State Cable Commission Mr. Nick Papatonis, Mayoral candidate, reported to Council that the New York State Cable Commission is allowing him back on cable access effective June 8, 1995. Southside Mr. Papatonis addressed Council regarding the increasing violence on the southside of town, and he feels that the police should patrol that area more. Policy for Traffic Mr. Joseph Daley, Chair of the Traffic Task Force, addressed Council regarding the Traffic Management in Residential Neighborhoods Resolution. He stated that the resolution represents a culmination of work by many people including the Traffic Task Force, Board of Public Works, and the Planning Committee. He urged Council to support the resolution. Mr. Steven Ehrhardt, Board of Public Works Commissioner, explained the guidelines for mitigating negative impacts of traffic changes. He also urged Council's support for the resolution. Cornell University Building Permits Mr. Alan Cohen, Mayoral candidate, 408 Hector Street, thanked Mayor Nichols for deciding to issue building permits to Cornell June 7, 1995 University. He stated that he believes this was the right thing to do and he hopes that Common Council fully supports the Mayor's actions in this regard. Inventory of City Properties Mr. Cohen referred to an article in the Ithaca Journal concerning the number of properties the City owns and the attempt to inventory these properties, and then dispose of appropriate parcels. He urged caution to the Mayor and Council regarding disposing of these properties without first looking at the potential for each of the individual parcels. He used the example of offering the City Hall Annex to the Town of Ithaca as an example of how municipalities could be cooperating and consolidating. Stop Wal-Mart Campaign Alderperson Efroymson stated that Tim Allen, one of the organizers of the Stop Wal-Mart Campaign, requested that the petition that was turned over to the Mayor, which contained approximately 7,000 names, be given to Common Council, as well as become part of the public record. Mr. Allen urges Common Council to do anything within its power to stop Wal-Mart from being located at the proposed site. RESPONSE TO THE PUBLIC: Route 13 Expansion/Public Hearings Alderperson Johnson stated that the New York State Department of Transportation held a public hearing at the Ithaca High School regarding the Route 13 expansion project. He also noted that the City had a discussion and vote on the expansion within the City limits. Cable Commission Appointment Alderperson Thorpe stated that she feels that Jill Brantley will be an excellent addition to the Cable Commission. Inventory of City Properties Alderperson Schroeder stated that he agrees that it would be ideal if the Town of Ithaca wanted to use the City Hall Annex, but he believes that the Town was approached by the City a couple of years ago, and the indication was that Town was not interested in the building. He stated that if the Town is interested in the building now, he would certainly like to know about it. Alderperson Booth stated that he agreed with Mr. Cohen's remarks regarding using caution while considering disposing of City property. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported that the Board of Public Works considered the following items: The Board approved the placement of trash barrels in the West end for a trial period of three months. The trial period ends June 30, 1995. In order to offset the costs of the trash pick-up, the Board decided to extend the "Carry-in/Carry-out" policy to Cass Park. Approval was given to the Hangar Theater for building modifications to improve handicap access. Approval was given for additional bike racks on the Commons. The Board voted to continue the Cass Park Ballfields Committee for the purpose of long-range planning. The Board requested the City Attorney to investigate the process for de-commissioning a portion of Lake Avenue from Adams Street to Route 13 for the purpose of establishing a park. The Board voted to combine Circle Greenway and the Parks Commission. A Charter change will be required. June 7, 1995 The Board passed a resolution authorizing a "No Right Turn on Red" at the intersection of College Avenue and Dryden Road. The Board voted to change parking regulations on West State Street in the area of Cramer's Auto Parts. Approval was given to remove one or two parking spaces at Oneida and Fairmount Avenue due to a request from a disabled resident. The Board authorized security lighting and signage at the Cascadilla Boat House through a request from the Cascadilla Boat Club. The Board is conducting discussions regarding re-organization of the Engineering Office and also procedures for handling neighborhood traffic requests. Commissioner Reeves reported that she attended the 9th Annual Southern Tier Bus Rodeo. There were 36 drivers who competed. Four Ithaca Transit drivers participated. Ann Ferris took first place in the Ithaca division; Pete Dzikiewicz came in second and Sue Barlow came in third. Ann Ferris' high score placed her eighth out of the 36 drivers. COMMUNICATIONS FROM THE MAYOR: Cornell Building Permits Mayor Nichols read the following statement into the record: "Over the past few days I have received assurances to convince me that the opportunity now exists of constructive negotiation to take place between the City of Ithaca and Cornell University. I anticipate that these discussions will begin in the very near future with the goal of reaching a long term agreement covering all outstanding issues, before the end of the summer. At the same time City staff will be preparing, as quickly as possible, a proposal for a revised zoning ordinance, appropriate to a university zone, for consideration by the Board of Planning and Development and Common Council. To enable all parties to focus on the goals of the creation and enforcement of an improved zoning law and a long term agreement for cooperation between the City and Cornell, I have issued instructions to the Building Commissioner to issue the building permits." Marriage Licenses for Same Sex Couples Mayor Nichols reported that the City was approached by two gay men who requested a marriage license. The City Attorney, City Clerk, Alderperson Thorpe, as well as people with more experience in lesbian and gay rights issues have met with the couple several times. Mayor Nichols stated that it is his belief that it is appropriate for same sex marriages to take place, just as it is appropriate for anyone else to have that right and responsibility. He further stated that he understands that there is nothing in the State law that forbids same sex marriages, and more importantly, it seems that under the equal protection clause of the constitution, people should have that right if they wish to exercise it. Mayor Nichols further remarked that at the moment, because of the need for further research, the marriage license has not been issued. Mayor Nichols suggested that Council take a position on this issue and consider a resolution that is being distributed state wide which reads as follows: June 7, 1995 "Because marriage is a fundamental right under our constitution and because the constitution guarantees equal protection of the law, Resolved, That the state should permit gay and lesbian couples to marry and share fully and equally in the rights and responsibilities of marriage." Mayor Nichols requested that the Youth and Human Services Committee consider this resolution at their next meeting, and to bring it back to Council for a vote. He also requested that in the course of the discussion at committee level, they involve as many people from the public as possible to get their views, so it is not simply a matter that is handled by the Mayor and City Attorney, but is one in which Council and members of the public have an opportunity to be heard on this issue. REPORT OF THE CITY CLERK: NYALGRO Conference City Clerk Conley Holcomb reported that she attended a seminar this week for local government records officers, and the City's computerization efforts have been recognized state-wide. She stated that a representative from the State Archives and Records Administration asked her for the specifications for our electronic Common Council minute index to be used as a model for other communities. Instructors at the conference also used Bill Kaupe's, and the Ithacanet's work as an example for the telecommunications initiative project, as communities that are already on line and providing public access to records through computerization. REPORT OF THE CITY ATTORNEY: Court Cases City Attorney Guttman reported that the City of Ithaca and the Landmarks Preservation Commission have recently been sued by the Heritage Coalition Inc. and Barbara Ebert. The lawsuit is based on the conceptual approval for renovations at Sage Hall. The City of Ithaca and the Planning and Development Board have recently been sued by Margaret Rumsey, John Kadar, and Guy Gerard. The lawsuit affects the approval process being considered by the Planning and Development Board for East Coast Development Corp. with regard to the WalMart site. Tompkins County Credit Needs Assessment City Attorney Guttman noted that last year in connection with the merger of Citizens Savings Bank and M & T Bank, negotiations took place and one point agreed upon was that the bank would be performing a Tompkins County credit needs assessment. Currently five local financial institutions have agreed to provide funding for the study including, Tompkins County Trust Company, Fleet Bank, Alternatives Federal Credit Union, Marine Midland Bank and M & T Bank. Cornell Federal Credit Union, First Federal Savings and Loan, Cayuga Mortgage Company, Invested Equity Company, Norwest Mortgage Company and Chase Manhattan were asked to participate but declined to do so. Four specific areas of the population will be surveyed including, households, small businesses, non-for-profits and community groups, and municipalities. The survey should be completed by the end of June and a report will be forwarded to Common Council at that time. Cable Television City Attorney Guttman reported that in a Council Resolution dated October 5, 1994, the City of Ithaca expressed reservations concerning Time Warner's introduction of a cable plus service tier, as well as how they treated public access commitments on subscriber bills. The matter was referred to the New York State Commission on Cable Television. June 7, 1995 On May 11, 1995, the Consumer Services Unit of the State Cable Commission issued a determination. The Commission specifically determined that subscribers who were charged for the cable plus tier for any part of the two month period from July 20 - September 21 of 1994, the period of time when the cable plus tier was not scrambled, are entitled to a refund or a credit, such charge on a pro rata basis. The State Cable Commission has asked Time Warner to provide a written statement indicating the number of subscribers who are affected, the total amount of the refund and in which billing cycle the subscriber accounts will be adjusted. With respect to the manner in which public education and governmental access related payments are reflected on subscriber bills, the State Cable Commission has determined that no charges other than that which specifically qualifies as the franchise fee payment, subject to the 5% ceiling, may be separately itemized as a line item on the subscriber bill. Time Warner was asked to reply within ten days ECONOMIC DEVELOPMENT COMMITTEE: * 14.1 Commons 20th Anniversary Resolution By Alderperson Mackesey: Seconded by Alderperson Johnson WHEREAS, the Ithaca Commons is celebrating its twentieth anniversary, and WHEREAS, the Commons was dedicated "to the citizens of Ithaca as a public gathering place, a commercial center and a community focal point", and WHEREAS, Ithaca citizens, businesses and visitors have made full use of this public space during its lifetime, and WHEREAS, the Commons has a bright future as the heart of Ithaca, and WHEREAS, a celebration is planned for June 22, 1995 on the Commons; now, therefore, be it RESOLVED, That Common Council joins with other residents and businesses in celebrating this landmark and supports its future good health and vitality. Carried Unanimously * 14.2 Sale of the BT Glass Building By Alderperson Mackesey: Seconded by Alderperson Thorpe WHEREAS, the City of Ithaca owns the property located at 201-205 Tompkins Street, commonly known as the "BT Glass" building, and WHEREAS, this Council has determined that the ownership of this property is not necessary for City purposes, and WHEREAS, the City of Ithaca has solicited bids for this property, and WHEREAS, the City received three (3) bids for the property, the highest bid being a bid of $91,000.00 by Tony Serviente who owns a small glass company which designs and makes stained glass and other forms of glass art work and who intends to occupy the apartment on the second floor of the building and use the ground floor for studio, office and small showroom, and WHEREAS, this Council is aware that the market value is defined by the Unified Standards of Professional Appraisal Practice as the most probable price at which a property should sell in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulant, and June 7, 1995 WHEREAS, the market through the bid process has determined that the fair market value of the BT Glass property today is $91,000.00, which price is affected by the current locally soft real estate market and the fact that the property is very unique (commercial property in a residential neighborhood) and needs a significant amount of rehabilitation and renovation work, and WHEREAS, Tony Serviente has obtained a mortgage commitment from the Tompkins County Trust Company which will enable him to purchase the property, and WHEREAS, due and proper notice of the proposed sale of this property has been published in the Ithaca Journal; now, therefore, be it RESOLVED, that this Council determines that the property at 201- 205 Tompkins Street in the City of Ithaca, commonly known as the "BT Glass" building is surplus property and may be sold by the City of Ithaca, and be it further RESOLVED, that this Council determines that the current fair market value of this property is the sum of $91,000.00, and be it further RESOLVED, that this Council hereby approves the sale of the aforesaid premises to Tony Serviente for the purchase price of $91,000.00 and authorizes the Mayor to execute all documents necessary to effectuate the transfer of the property. Discussion followed on the floor regarding the proposed uses for this building. A vote on the resolution resulted as follows: Carried Unanimously PLANNING COMMITTEE: * 15.1 An Ordinance Amending Sections 325-3 and 325-8 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding Adult Entertainment Establishments--Call for A Public Hearing By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That Ordinance 95-_____ entitled “An Ordinance amending Sections 325-3 and 325-8 of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code regarding Adult Entertainment Establishments in the City of Ithaca” be and it hereby is introduced before the Common Council of the City of Ithaca, New York and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, July 5, 1995, 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed Ordinance for its report thereon. Carried Unanimously THE PROPOSED ORDINANCE READS AS FOLLOWS: WHEREAS, the City of Ithaca in the exercise of its rights and powers as a municipality to provide for the health, safety, and welfare of existing and future residents desires to enact and enforce regulations on adult entertainment uses, and June 7, 1995 WHEREAS, Council has assessed the potential impacts of adult entertainment uses on the City of Ithaca and determined that there is convincing evidence that live performances of sexually- oriented adult entertainment uses, because of their very nature, have serious objectionable operational characteristics, and have a deleterious effect on both the existing businesses around them and the surrounding residential areas, causing increased crime and down-grading of property values, and WHEREAS, Council desires to control the adverse effects brought on by sexually oriented businesses and thereby protect the health, safety and general welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life in the City and preserve property values and the unique natural environment which characterizes the City of Ithaca, and WHEREAS, secondary effects in the form of deterioration, blight and economic decline associated with the establishment and operation of adult entertainment uses have been documented in other communities, and WHEREAS, the United States Supreme Court and the Court of Appeals for the State of New York have determined that certain types of adult entertainment are protected as constitutional expressions of speech and may not be prohibited, but only limited in their location within a community, and WHEREAS, the Council has determined that locating adult entertainment establishments, as that term shall be described in the subsequent ordinance, in a specified zone is in the interest of the health, safety, morals and general welfare of the people of the city; now, therefore be it ORDAINED as follows: That Chapter 325 of the Municipal Code entitled "Zoning" shall be amended to add the following definition to Section 325-3: Adult entertainment establishment is any establishment or place of business where any person engages in, conducts, operates, carries on, or permits to be engaged in, conducted, operated or carried on 1) live performances which are characterized by an emphasis on "specified anatomical areas" or "specified sexual activities"; or 2) where employees, as part of their employment, regularly expose to patrons, "specified anatomical areas". "Specified anatomical areas" as used in this definition include: 1) less than completely and opaquely concealed: a) human genitals, pubic region, b) human buttock, anus, or c) female breasts below a point immediately above the top of the areola; or 2) human male genitals in a discernable turgid state, even if completely and opaquely concealed. For the purposes of this definition of adult entertainment establishment the term "specified sexual activities" includes: 1) human genitals in a state of sexual stimulation or arousal; 2) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or 3) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breasts. Adult entertainment establishments may not be located in any zone except I-1 use districts and may not be located, when initially opened as or converted to an adult entertainment establishment, within three hundred and fifty feet of any of the following: 1) the boundary of any residential zoning district; June 7, 1995 2) any property, including the exterior lot, used as a licensed day care facility; 3) any structure, including the exterior lot, which has tax exempt status as a religious or educational use; 4) any waterfront, park or farmers' market; 5) any gymnastic center, library or museum. Adult entertainment establishments may not front on those portions of Meadow Street, Route 13 or Fulton Street which are bounded on the north by Cascadilla Street and on the south by Clinton Street. II. Amend Section 325-8: District Regulations Chart, to include for the I-1 zone a new paragraph 5 to read "Adult Entertainment Establishments" in the second column of the District Regulations chart entitled "Permitted Primary Uses" and add a notation "with further limitations as described in the definition of this use.". Discussion followed on the floor regarding the areas that Adult Entertainment Establishments will be allowed. Alderperson Booth stated that a map has been prepared showing a reasonable amount of locations that meet the criteria for this type of entertainment. * 15.2 An Ordinance Amending Sections 325-3, 325-8, 325-9, and 325-20 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding Bed-and-Breakfast Uses--Call for A Public Hearing By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That Ordinance 95-_____ entitled “An Ordinance amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code regarding Bed-and- Breakfast Uses in the City of Ithaca” be and it hereby is introduced before the Common Council of the City of Ithaca, New York and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, July 5, 1995, 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed Ordinance for its report thereon. Carried Unanimously THE PROPOSED ORDINANCE READS AS FOLLOWS: ORDINANCE 95 -_________ An Ordinance Amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding Bed-and-Breakfast Uses. WHEREAS, bed-and-breakfast uses can strengthen the economic base of communities by introducing new business opportunities; by creating business income from non-income-producing property; and June 7, 1995 by increasing the economic viability of neighborhoods without diminishing residential character, and WHEREAS, bed-and-breakfast uses promote the community's tourism and travel industry by providing an alternative type of transient accommodation that increases the lodging choices available to tourists and travelers; by attracting lodgers who avoid hotels or motels in favor of bed-and-breakfasts; by providing accommodations for travelers at tourism sites whose settings are not amenable to commercial hotels and motels; and by relieving any shortage of rooms during special events or seasonal high- occupancy periods, and WHEREAS, bed-and-breakfast uses encourage maintenance, rehabilitation and historic preservation of older residential buildings in areas where the housing stock is sound but deteriorating, thereby promoting neighborhood revitalization and conversion, and WHEREAS, bed-and-breakfast uses are an appropriate adaptive reuse for large older houses, when the original use as a single-family dwelling is obsolete and the dwelling can be converted from multiple tenancy back to an owner-occupied bed-and-breakfast, thereby encouraging owner occupancy, and WHEREAS, the ordinance provision limiting in certain zones the proximity of bed-and-breakfast homes to each other is intended to ensure such uses do not, through concentration, diminish the residential character of neighborhoods in which they may be established; now, therefore, be it ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Section 325-8 entitled "District Regulations Chart" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to add to the permitted primary uses in the R-1, R-2, R-3 and R-U zones "Bed-and- breakfast home by special permit from the Board of Zoning Appeals, such permit requiring renewal by this Board every five years." Section 2. That Section 325-8 entitled "District Regulations Chart" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to add to the permitted primary uses in the R-3 and R-U zones "Bed-and breakfast inn by special permit from the Board of Zoning Appeals, such permit requiring renewal by this Board every five years." Section 3. That Section 325-8 entitled "District Regulations Chart" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to delete "Tourist home" from the permitted primary uses in the R-3 zone. Section 4. That the current Section 325-3 entitled "Definitions and word usage" be amended by adding the following items under the heading "B. Specific terms or words": "BED-AND-BREAKFAST HOME -- An owner-managed occupation conducted by the owner-occupant of a one-family dwelling in R-1 districts, or of a one- or two-family home in other districts permitting residential uses, that provides one (1) to four (4) rooms for paying guests on an overnight basis. Guest occupancy periods shall not exceed twenty-one (21) consecutive days. The occupancy of such a bed-and-breakfast home is limited to two (2) persons or one (1) family per lodging unit or guest room. BED-AND-BREAKFAST INN -- An owner-managed occupation that provides five (5) to ten (10) guest rooms, limited to two (2) persons or one (1) family per lodging unit or guest room, on an overnight basis for periods not to exceed twenty-one (21) days." June 7, 1995 Section 5. That the current Section 325-3 entitled "Definitions and word usage" be amended by deleting the current item "TOURIST HOME" and its definition and by deleting the words "and `tourist home'" currently appearing at the end of the definition of the item "BOARDING HOUSE." An historical note shall be added to the Code referring to the former "TOURIST HOME" definition, and noting that this former use required one off- street parking space per guest room. Section 6. That the current Section 325-9 entitled "Standards" be amended by adding a new Subsection 325-9.C (1)(r) which shall read as follows: "(r) Bed-and-breakfast homes and bed-and-breakfast inns." Section 7. That the current Section 325-9 entitled "Standards" be amended by adding a new Subsection 325-9.C.(4)(g) which shall read as follows: "(g) Bed-and-breakfast homes and bed-and-breakfast inns: [1] The Board of Zoning Appeals shall only grant a special permit for a bed-and-breakfast home or a bed- and-breakfast inn (in those districts allowing such uses) if the following special conditions are met and adhered to during the period the bed-and-breakfast use is in operation: [a] Each such use before it commences must obtain a Certificate of Occupancy from the Building Commissioner. [b] A bed-and-breakfast home must be owner- occupied and owner-managed. A bed-and-breakfast inn must be owner-managed. (i) An owner-occupant is an individual who owns at least a one-half interest in the real estate on which the bed-and- breakfast home is located and also owns at least a one-half interest in the business of running the bed-and- breakfast home and who primarily resides in and lives in the bed-and-breakfast home for at least eighty per cent of the days (in each calendar year) when the bed-and-breakfast home is open for business as a bed-and-breakfast home. (ii) An owner-manager is an individual who owns at least a one-half ownership interest in the real estate on which the bed-and- breakfast home or bed-and-breakfast inn is located and owns at least a one-half interest in the business of the bed-and- breakfast home or bed-and-breakfast inn and who is primarily responsible for the management of the bed-and-breakfast home or bed-and-breakfast inn and is physically present in the bed-and- breakfast home or bed-and-breakfast inn at least once per day for eighty per cent of the days (in each calendar year) when the bed-and-breakfast home or bed- and-breakfast inn is open for business. [c] Bed-and-breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. No alterations to the exterior of the house for the purpose of establishing or expanding bed-and-breakfast June 7, 1995 operations shall be permitted except for historic restoration or for requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business except the one permitted sign as described below and required parking. Drawings illustrating any proposed exterior modifications must be submitted with the special permit application. [d] Drawings illustrating any major proposed interior modifications (excluding plumbing, wiring or other utility work) directly related to establishing or continuing the bed-and-breakfast use must be submitted with the special permit application. Examples of major interior modifications are the removal, replacement or installation of staircases or partitioning walls. Any such major interior modifications shall maintain or restore the basic historic integrity and arrangement of the interior spaces. [e] No cooking facilities are permitted in the individual guest rooms. [f] Food service shall only be provided to guests taking lodging in the bed-and-breakfast home or inn. [g] In R-1 and R-2 zones, no bed-and-breakfast home may be located on a lot closer than five hundred (500) feet from any other lot containing a bed- and-breakfast home, with only one such establishment permitted per block face. [h] There shall be no more than one (1) sign. Such sign shall not be self-illuminated and shall not exceed five (5) square feet in area. The wording on this sign shall be limited to the name of the bed-and-breakfast home or inn and the name of its owner. Additional requirements described in Chapter 272 entitled "Signs" of this Code shall be met. [2] The response of those notified by the appellant as required in the procedures set forth in Section 325-41, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the special permit. [3] A special permit granted for a bed-and-breakfast home or a bed-and-breakfast inn shall expire after a period of five (5) years. All the requirements pertaining to the application for and granting of a first-time special permit for a bed-and-breakfast home or a bed-and-breakfast inn shall also apply to the application for and granting of a renewed special permit for such use, including the notification procedures set forth in Section 325-41 and the expiration of such renewed special permit after five (5) years" Section 8. That the current Section 325-20.A.(4)(a), a table detailing the off-street parking spaces required for certain uses, be amended by adding the following category: "Bed-and-breakfast home or bed-and-breakfast inn -- 1 per guest room. * * Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy June 7, 1995 availability of on-street parking or the expectation that a lesser parking requirement will meet the parking needs of the use, determines during consideration of the bed-and-breakfast home or bed-and-breakfast inn special permit that a lesser off- street parking requirement is appropriate and will not negatively impact the surrounding neighborhood." and that the same Section 325-20.A.(4)(a) table be amended by replacing the category "Hotel, motel or tourist home -- 1 per guest room" with the following revised category: "Hotel or motel -- 1 per guest room" Section 9. Effective date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Alderperson Schroeder explained the background of the Ordinance. Extensive discussion followed on the floor regarding the requirements of the Ordinance. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That "[3]" under Section 7 be changed to read as follows: "A special permit granted for a bed-and-breakfast home located in an R-1 or R-2 zone shall expire after a period of five (5) years. All the requirements pertaining to the application for and granting of a first-time special permit for a bed-and-breakfast home shall also apply to the application for and granting of a renewed special permit for a bed-and-breakfast home located in an R-1 or R-2 zone, including the notification procedures set forth in Section 325-41 and the expiration of such renewed special permit after five (5) years." Carried Unanimously Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That in Section 1, the words "R-1, R-2, R-3 and R-U zones" be replaced with the words "R-1 and R-2 zones." Carried Unanimously Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That in Section 2, after the words "R-3 and R-U zones", the words "bed-and breakfast home and" be added, and that at the end of the paragraph, the words "such permit requiring renewal by this Board every five years" be deleted. Carried Unanimously Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Thorpe RESOLVED, That in Section 7, under "[c]", the word "historic" be deleted and the following words be inserted in its place: "routine maintenance, alterations not requiring a building permit," and that the word "for" be deleted before the phrase "requirements related to safety." Extensive discussion followed on the amending resolution. A vote on the amending resolution resulted as follows: Ayes (9) - Schroeder, Mackesey, Booth, Johnson, Gray, Sams, Thorpe, Shenk, Efroymson Nay (1) - Hanna Carried (9-1) Amending Resolution June 7, 1995 By Alderperson Shenk: Seconded by Alderperson Hanna RESOLVED, That in Section 7, under "[d]", at the end of the paragraph, delete the words "Any such major interior modifications shall maintain or restore the basic historic integrity and arrangement of the interior spaces." Ayes (7) - Shenk, Hanna, Booth, Thorpe, Johnson, Efroymson, Mackesey Nays (3) - Sams, Schroeder, Gray Carried (7-3) Amending Resolution By Alderperson Hanna: Seconded by Alderperson Booth RESOLVED, That in Section 7, under "[g]" delete the entire paragraph. Discussion followed on the floor regarding the possible effects on neighborhoods. A vote on the resolution resulted as follows: Ayes (2) - Hanna, Booth Nays (8) - Johnson, Shenk, Efroymson, Schroeder, Thorpe, Sams, Gray, Mackesey Motion Failed Amending Resolution By Alderperson Thorpe: Seconded by Alderperson Shenk RESOLVED, That in Section 7, under "[h]" delete the following words: "The wording on this sign shall be limited to the name of the bed-and-breakfast home or inn and the name of its owner." Ayes (6) - Hanna, Thorpe, Shenk, Sams, Mackesey, Efroymson Nays (4) -Schroeder, Gray, Booth, Johnson Carried (6-4) THE AMENDED ORDINANCE READS AS FOLLOWS: ORDINANCE NO. 95 ____ AN ORDINANCE AMENDING SECTIONS 325-3, 325-8, 325-9 AND 325-20 OF CHAPTER 325 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE REGARDING BED-AND-BREAKFAST USES. WHEREAS, bed-and-breakfast uses can strengthen the economic base of communities by introducing new business opportunities; by creating business income from non-income-producing property; and by increasing the economic viability of neighborhoods without diminishing residential character, and WHEREAS, bed-and-breakfast uses promote the community's tourism and travel industry by providing an alternative type of transient accommodation that increases the lodging choices available to tourists and travelers; by attracting lodgers who avoid hotels or motels in favor of bed-and-breakfasts; by providing accommodations for travelers at tourism sites whose settings are not amenable to commercial hotels and motels; and by relieving any shortage of rooms during special events or seasonal high- occupancy periods, and WHEREAS, bed-and-breakfast uses encourage maintenance, rehabilitation and historic preservation of older residential buildings in areas where the housing stock is sound but deteriorating, thereby promoting neighborhood revitalization and conservation, and WHEREAS, bed-and-breakfast uses are an appropriate adaptive reuse for large older houses, when the original uses as a single-family dwelling is obsolete and the dwelling can be converted from June 7, 1995 multiple tenancy back to an owner-occupied bed-and-breakfast, thereby encouraging owner occupancy, and WHEREAS, the ordinance provision limiting in certain zones the proximity of bed-and-breakfast homes to each other is intended to ensure such uses do not, through concentration, diminish the residential character of neighborhoods in which they may be established; now, therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Section 325-8 entitled "District Regulations Chart" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to add to the permitted primary uses in the R-1 and R-2 zones "Bed-and-breakfast home by special permit from the Board of Zoning Appeals, such permit requiring renewal by this Board every five years." Section 2. That Section 325-8 entitled "District Regulations Chart" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to add to the permitted primary uses in the R-3 and R-U zones "Bed-and-breakfast home and bed-and-breakfast inn by special permit from the Board of Zoning Appeals." Section 3. That Section 325-8 entitled "District Regulations Chart" and the official zoning map of the City of Ithaca, New York, as last amended, are hereby amended to delete "Tourist home" from the permitted primary uses in the R-3 zone. Section 4. That the current Section 325-3 entitled "Definitions and word usage" be amended by adding the following items under the heading "B. Specific terms or words": "BED-AND-BREAKFAST HOME -- An owner-managed occupation conducted by the owner-occupant of a one-family dwelling in R-1 districts, or of a one- or two-family home in other districts permitting residential uses, that provides one (1) to four (4) rooms for paying guests on an overnight basis. Guest occupancy periods shall not exceed twenty-one (21) consecutive days. The occupancy of such a bed-and-breakfast home is limited to two (2) persons or one (1) family per lodging unit or guest room. BED-AND-BREAKFAST INN -- An owner-managed occupation that provides five (5) to ten (10) guest rooms, limited to two (2) persons or one (1) family per lodging unit or guest room, on an overnight basis for periods not to exceed twenty-one (21) days." Section 5. That the current Section 325-3 entitled "Definitions and word usage" be amended by deleting the current item "TOURIST HOME" and its definition and by deleting the words "and `tourist home'" currently appearing at the end of the definition of the item "BOARDING HOUSE." An historical note shall be added to the Code referring to the former "TOURIST HOME" definition, and noting that this former use required one off-street parking space per guest room. Section 6. That the current Section 325-9 entitled "Standards" be amended by adding a new Subsection 325-9.C.(1)(r) which shall read as follows: "(r) Bed-and-breakfast homes and bed-and-breakfast inns." Section 7. That the current Section 325-9 entitled "Standards" be amended by adding a new Subsection 325-9.C.(4)(g) which shall read as follows: "(g) Bed-and-breakfast homes and bed-and-breakfast inns: June 7, 1995 [1] The Board of Zoning Appeals shall only grant a special permit for a bed-and-breakfast home or a bed- and-breakfast inn (in those districts allowing such uses) if the following special conditions are met and adhered to during the period the bed-and-breakfast use is in operation: [a] Each such use before it commences must obtain a Certificate of Occupancy from the Building Commissioner. [b] A bed-and-breakfast home must be owner-occupied and owner-managed. A bed-and-breakfast inn must be owner-managed. (i) An owner-occupant is an individual who owns at least a one-half interest in the real estate on which the bed-and-breakfast home is located and also owns at least a one-half interest in the business of running the bed- and-breakfast home and who primarily resides in and lives in the bed-and-breakfast home for at least eighty per cent of the days (in each calendar year) when the bed-and- breakfast home is open for business as a bed- and-breakfast home. (ii) An owner-manager is an individual who owns at least a one-half ownership interest in the real estate on which the bed-and- breakfast home or bed-and-breakfast inn is located and also owns at least a one-half interest in the business of the bed-and- breakfast home or bed-and-breakfast inn and who is primarily responsible for the management of the bed-and-breakfast home or bed-and-breakfast inn and is physically present in the bed-and-breakfast home or bed- and breakfast inn at least once per day for eighty per cent of the days (in each calendar year) when the bed-and- breakfast home or bed-and-breakfast inn is open for business. [c] Bed-and-breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. No alterations to the exterior of the house for the purpose of establishing or expanding bed-and-breakfast operations shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business except the one permitted sign as indicated below and required parking. Drawings illustrating any proposed exterior modifications must be submitted with the special permit application. [d] Drawings illustrating any major proposed interior modifications (excluding plumbing, wiring or other utility work) directly related to establishing or continuing the bed-and-breakfast use must be submitted with the special permit application. Examples of major interior modifications are the removal, replacement or installation of staircases or partitioning walls. [e] No cooking facilities are permitted in the individual guest rooms. June 7, 1995 [f] Food service shall only be provided to guests taking lodging in the bed-and-breakfast home or inn. [g] In R-1 and R-2 zones, no bed-and-breakfast home may be located on a lot closer than five hundred (500) feet from any other lot containing a bed- and-breakfast home, with only one such establishment permitted per block face. [h] There shall be no more than one (1) sign. Such sign shall not be self-illuminated and shall not exceed five (5) square feet in area. Additional requirements described in Chapter 272 entitled "Signs" of this Code shall be met. [2] The response of those notified by the appellant as required in the procedures set forth in Section 325-41, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the special permit. [3] A special permit granted for a bed-and-breakfast home located in an R-1 or R-2 zone shall expire after a period of five (5) years. All the requirements pertaining to the application for and granting of a first-time special permit for a bed-and-breakfast home shall also apply to the application for and granting of a renewed special permit for a bed-and-breakfast home located in an R-1 or R-2 zone, including the notification procedures set forth in Section 325-41 and the expiration of such renewed special permit after five (5) years." Section 8. That the current Section 325-20.A.(4)(a), a table detailing the off-street parking spaces required for certain uses, be amended by adding the following category: "Bed-and-breakfast home or bed-and-breakfast inn -- 1 per guest room.* * Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy availability of on-street parking or the expectation that a lesser parking requirement will meet the parking needs of the use, determines during consideration of the bed-and breakfast home or bed-and-breakfast inn special permit that a lesser off- street parking requirement is appropriate and will not negatively impact the surrounding neighborhood." and that the same Section 325-20.A.(4)(a) table be amended by replacing the category "Hotel, motel or tourist home -- 1 per guest room" with the following revised category: "Hotel or motel -- 1 per guest room" Section 9. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. * 15.4 General Principles to Guide the City’s Policy on Traffic Management in Residential Neighborhoods By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, the Mayor appointed a Task Force on Traffic Issues to report on the City’s traffic problems and propose solutions, and WHEREAS, the Task Force on Traffic Issues submitted a report to the Board of Public Works and the Planning Committee of Common Council in June of 1994 which identified traffic problems throughout the June 7, 1995 City and suggested numerous possible remedies, and WHEREAS, the Board of Public Works has accepted for consideration and action the recommendations contained in the Report of the Task Force on Traffic Issues, and WHEREAS, the Common Council agrees with the Board of Public Works and the Task Force on Traffic Issues that traffic management on Ithaca’s residential streets is a problem and that mitigating the negative impact of traffic on residential streets is a responsibility of the City, and WHEREAS, the Common Council also agrees with the Board and the Task Force that virtually all streets in Ithaca are residential streets and that changes to traffic patterns on one street affect traffic patterns on neighboring streets, and WHEREAS, the Common Council also agrees that residential neighborhoods along the City’s more heavily traveled streets are particularly threatened by the negative impacts associated with a high volume of traffic, that these impacts are a significant contributing factor in eroding the residential character of these neighborhoods, and that it is not in the City’s interest to allow this erosion to continue; now, therefore, be it RESOLVED, That Common Council joins the Board of Public Works and the Task Force on Traffic Issues in stating that the following general principles shall be used to guide the City’s policy on traffic management in residential neighborhoods: First, that the City will, where possible, take action to mitigate the negative impact of existing levels of traffic on the City’s residents, focusing on those streets where the quality of residential life is most threatened by traffic, particularly, but not limited to, streets experiencing a heavy volume of traffic, and Second, in the process of granting approval to traffic calming and traffic management measures designed to benefit a target area, the City will make an assessment of the potential negative impacts on residents of nearby streets that may result from the effects of any such measure, singly or cumulatively, and will take steps to mitigate any significant negative impacts. Carried Unanimously Recess Common Council recessed at 9:00 p.m. and reconvened in regular session at 9:10 p.m. * 15.3 Alienation and Substitution of Park Land Pursuant to Inlet Island Land Use Plan: Home Rule Request Concerning Slightly Amended Alienation Bill By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, the City of Ithaca submitted a Home Rule Request to the New York State Legislature in April to pass into law Assembly bill No. 6480-A and Senate bill No. 3827-A regarding alienation and substitution of park land pursuant to the Inlet Island Land Use Plan, and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has requested a change to that bill, and WHEREAS, the Cities Subcommittee of the Assembly has also requested that changes be made to the bill, and WHEREAS, the State Legislature has drafted a new bill incorporating these amendments to the bill, and WHEREAS, the amended bill differs from the bill recorded in the April 5, 1995 Common Council minutes in the following ways: June 7, 1995 --Section 1 in the amended bill reads as follows: Section 1. Notwithstanding any provision of law, rule or regulation to the contrary, concurrent with acquiring title in fee simple by the City of Ithaca to all of the lands described in section three of this act, the City of Ithaca, in the county of Tompkins, is hereby authorized and empowered to discontinue the use as park lands and to sell and convey for fair market value and upon such terms and conditions as it shall deem appropriate the lands described in section two of this act, which had been acquired, reserved or designated by the city of Ithaca for park and recreation purposes and are no longer useful for such purposes; provided the proceeds of such sale are used for the acquisition of replacement park lands as described in section three of this act and/or capital improvements to the parks of such city. Such city is authorized to execute and deliver a deed of conveyance of valid title in fee simple of the real property described in section two of this act or any part thereof. --Sections 4 and 5 in the amended bill read as follows: Section 4. The conveyance of park lands authorized by this act shall not occur until any federal requirements pertaining to alienation or conversion, including any required replacement of lands being alienated have been complied with. Section 5. This act shall take effect immediately. and WHEREAS, passage of the amended bill is contingent on Common Council submitting a new Home Rule Request referring to the amended bill, and WHEREAS, Common Council intends this action to be one step toward implementation of the Land Use Plan illustrated on Map 8 of the 1992 Report of the Inlet Island Land Use Committee; now, therefore, be it RESOLVED, That the Mayor and the City Clerk are hereby authorized and directed to file another Home Rule Request with the New York State Legislature requesting that the New York State Legislature enact a special law entitled “An act to authorize the City of Ithaca, in the County of Tompkins, to discontinue the use of certain real property owned for park purposes,” Assembly No. 6480-B and Senate No. 3827-B. Carried Unanimously * 15.5 Reaffirmation That the City of Ithaca Intends to Use Parcels A1 and A2, as Identified in Chapter 757 of N.Y.S. Laws of 1985, as Substitute Park Land for Southwest Park By Alderperson Schroeder: Seconded by Alderperson Hanna WHEREAS, Tax Parcels 31-2-5 and 31-2-6 situate in the Town of Ithaca, have previously been designated as appropriate substitute park land for Southwest Park, and WHEREAS, the County taxes on said parcels have not been paid and those parcels had been scheduled for sale at the County Tax Sale held on January 27, 1995, and WHEREAS, both the City of Ithaca and Town of Ithaca requested that these parcels not be sold at the January 1995 tax sale, which request was agreed to by Tompkins County, and WHEREAS, discussions have taken place between the City of Ithaca and the Town of Ithaca regarding the possibility of the Town purchasing these parcels from Tompkins County and holding them for possible later transfer to the City, at which time they would be used by the City as substitute park land, and June 7, 1995 WHEREAS, the Town of Ithaca is unwilling to purchase these properties unless and until a satisfactory environmental site assessment has been conducted, and unless and until the City of Ithaca reaffirms its intention to use these parcels as substitute park land for Southwest Park, and WHEREAS, it is in the interest of the City for these parcels to be purchased by the Town and to remain undeveloped, and WHEREAS, these parcels are an integral part of approximately 56 acres of land described and authorized as substitute park land for an alienated Southwest Park in Chapter 757 of N.Y.S. laws of 1985, an act which the State adopted in accordance with a Home Rule Request approved by Common Council on June 5, 1985, and WHEREAS, approximately half of the relevant substitute park land in Chapter 757 is called Parcel A1 and is located south of the Cayuga Inlet in the City, and whereas the remainder is called Parcel A2 and is located north of the Inlet in the Town, and WHEREAS, current Town of Ithaca planning documents, including the 1984 Park and Open Space Plan and the 1993 Comprehensive Plan, continue to call for the joint City-Town park envisioned in Chapter 757, and WHEREAS, numerous City of Ithaca planning documents -- including the 1966 Inlet Valley Development Plan, the 1968 Recreation and Open Space Plan, the 1971 General Plan, the 1976 Ithaca Waterways Study, and the 1977 Ithaca's Southwest: A Development Study -- call for the creation of park or protected green space on all or part of the above Chapter 757 lands, and WHEREAS, the recently submitted Southwest Area Land Use Study, written at the request of Common Council, again recommends use of the above Chapter 757 lands as Southwest Park substitute park land, and WHEREAS, the Conservation Advisory Council in a statement dated May 24, 1995 reaffirmed its support for protection of the entire area described in Chapter 757 as a major new public natural area, and WHEREAS, the City already owns a substantial portion of Parcel A1 and a small portion of Parcel A2, these portions having been purchased by the City in 1986 with the intention that they become Southwest Park substitute park land; now, therefore, be it RESOLVED, That Common Council reaffirms the City of Ithaca's intention to use Parcels A1 and A2, as described in Chapter 757 of New York State laws of 1985, as substitute park land for Southwest Park. Extensive discussion followed on the floor regarding the use of this property. A vote on the resolution resulted as follows: Ayes (7) - Schroeder, Mackesey, Gray, Sams, Shenk, Hanna, Th Nays (3) - Booth, Efroymson, Johnson Carried (7-3) * 15.6 Endorsement of Proposed State Legislation Which Would Enhance Local Court Authority in Land Use Matters By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, bills have been introduced in the State Senate and Assembly which are identified as S. 1381 and A. 2054, and WHEREAS, these bills would allow courts in the State of New York to issue preliminary injunctions and temporary restraining orders June 7, 1995 in the enforcement of laws regarding land use, building regulations and fire prevention codes; now, therefore, be it RESOLVED, That the City of Ithaca does hereby express its support for the proposed legislation and does request that State Senator James Seward and Assemblyman Martin Luster support the proposed legislation, and be it further RESOLVED, That the City Clerk is hereby directed to transmit a copy of this resolution to the Senator and Assemblyman at the earliest possible date. Carried Unanimously Zoning Strategies to Promote Affordable Housing - Report Alderperson Schroeder reported that the Mayor has hired a student of City and Regional Planning to work on zoning strategies to promote affordable housing. A draft work program will be developed for this student by the Mayor, the Planning and Development Director, the Chair of the Rental Housing Advisory Committee, the Chair of the Planning Committee, and the Chair of the Planning Board. Mayor Nichols requested that the following item be moved forward on the agenda: BUDGET AND ADMINISTRATION COMMITTEE: * 18.3 Common Council - Request Funds for Downtown Banners By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the City of Ithaca has been working in partnership with Downtown Ithaca, Inc. to design, purchase and install colorful banners in the Central Business District, and WHEREAS, the purchase and installation of such banners will serve to enhance the City's Central Business District, and WHEREAS, the estimated cost of the first phase of this banner project is $22,000 not including installation, and WHEREAS, in addition to providing installation and $1,200 for the design of the banners, the City would like to join with the business community in the fund-raising effort for this project; now therefore, be it RESOLVED, That the City of Ithaca will donate $2,000 to purchase banners for the Downtown Community project, and be it further RESOLVED, That an amount not to exceed $2,000 be transferred from Account A1990 Unrestricted Contingency to Account A1210-425 to purchase said banners. Beverly Apgar, Downtown Ithaca Inc., described the proposed location of the banners, and also explained the history and goals of the banner program. Carried Unanimously YOUTH AND HUMAN SERVICES COMMITTEE: * 16.1 Youth Recognition Award By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, at its February, 1995 meeting the Common Council decided to bestow awards on selected youth, and WHEREAS, there are regularly youth whose character, accomplishments, and activities go unnoticed by the majority of the City's population, and WHEREAS, Common Council recognizes the importance of acknowledging the contributions of youth; now, therefore, be it RESOLVED, That each member of Common Council, on a rotating basis, shall choose a youth, or group of youths, from the City of Ithaca, and be it further June 7, 1995 RESOLVED, That such youth be presented at a monthly Common Council meeting as the recipient of Ithaca Common Council's "Distinguished Youth Award", and be it further RESOLVED, That in addition to a certificate of merit, the youth will receive from the Jack Kiely Scholarship Account, a twenty dollar ($20) gift certificate to the City of Ithaca business of their choice. Ayes (9) - Johnson, Shenk, Mackesey, Sams, Thorpe, Gray, Efroymson, Schroeder, Hanna Nay (1) - Booth Carried (9-1) * 16.2 Authority for Youth Bureau Staff to Sign Appropriate Documents By Alderperson Shenk: Seconded by Alderperson Johnson WHEREAS, Youth Bureau programs and activities often take place at locations, fields, parks and facilities other than those of the City of Ithaca, and WHEREAS, permission to use these locations often requires the City to sign a form issued by the appropriate agency or government body, and WHEREAS, the City Attorney's office has suggested that the Youth Bureau Director or the Director's designee(s) be authorized by Common Council to sign such forms; now, therefore, be it RESOLVED, That authority be provided to the Youth Bureau Director or the Director's designee(s) to sign such forms, and be it further RESOLVED, That the broad issue of authority to sign documents in the name of the City be reviewed by Department Heads with a report to Common Council. Carried Unanimously INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE: Cable Commission Report Alderperson Efroymson reported that the Inter-Institutional and Community Information Committee had a discussion with the Cable Commission regarding the archive issue. He stated that the Commission is still grappling with that issue and he feels it is inappropriate for Council to intervene at this point. Alderperson Efroymson stated that the Committee requested that City Attorney Guttman conduct preliminary research on the legality of an archive. City Attorney Guttman stated that he has not reviewed some of the trademark issues which exist. In terms of the legal authority, the first amendment rights, there is at least one major case from the District Court in the District of Columbia. He stated from the preliminary research that he has completed he believes it is proper for the City to establish an archive, if it is doing it for certain purposes. There has to be a very clear determination if an archive is established, exactly what purpose is being served and what the City is trying to accomplish by it. City-wide Computer System Report Alderperson Efroymson reported that the Computer Committee is in the process of developing a flow chart of the overall networking project to show what has been completed to date, what still needs to be done, and what the project long-terms goals are. Alderperson Shenk stated that she would like to see information related to employee computer training (what has been done, and what needs to be done) as one of the factors on the flow chart. June 7, 1995 BUDGET AND ADMINISTRATION COMMITTEE: * 18.1 GIAC - Request to Transfer Funds to Purchase Program Supplies By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the GIAC Summer Camp Learn To Swim Program is in need of various pool supplies to allow the program to be utilized to the greatest degree by community youth swimming at the Alex Haley Pool, and WHEREAS, the cost of these pool supplies has been estimated at $1,500, and WHEREAS, the funds can be derived from a portion of the savings resulting from the open Recreation Supervisor position at GIAC; now, therefore, be it RESOLVED, That $1,500 be transferred from Account A7311-110-1102 Staff Salaries to Account A7311-460-1102 Program Supplies for the purpose of acquiring Alex Haley Pool supplies for the Learn To Swim Program. Carried Unanimously * 18.2 Youth Bureau - Request to Amend 1995 Youth Development Budget By Alderperson Booth: Seconded by Alderperson Hanna WHEREAS, the Youth Bureau will be receiving a $1,270 grant from Tompkins County to support the expansion of the Municipal Jobs Program, and WHEREAS, the funding will allow the Youth Bureau to hire two additional youths from the City for the summer to participate in the Municipal Jobs Program; now, therefore, be it RESOLVED, That the 1995 Youth Development budget shall be amended as follows: Increase Revenue Account: A2350 Youth Services Other Governments $1,270 Increase Appropriation Accounts: A7310-120-1202 Hourly P/T $1,150 A9030 Social Security 98 A9040 Workers Compensation 22 Carried Unanimously * 18.4 Finance/Chamberlain - Request to Temporarily Amend Personnel Roster and Funds for Temporary Office Help By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the Finance Department is currently converting the City's financial computer system, which activity will take most of 1995 to complete, and WHEREAS, the Chamberlain Office staff can not continue to maintain its normal work load and convert the City's financial computer system concurrently with the current staff levels, summer vacation schedule and maternity leave schedule, and WHEREAS, the Finance Department has recommended that to alleviate the time constraint and staffing problems the City should hire temporary office assistance and increase the Chamberlain's Office Manager hours to forty (40) hours through the end of the year; now, therefore, be it RESOLVED, That the Personnel Roster of the Finance Department is hereby temporarily amended by increasing the full-time position June 7, 1995 of the office manager from 35 hours to 40 hours per week from June 12, 1995 to January 31, 1996, and be it further RESOLVED, That an amount not to exceed $6,900 be transferred from Account A1990 Unrestricted Contingency to the following appropriation accounts for said personnel roster amendment and temporary office assistance: Account: A1315-110 Staff $2,900 A1315-435 Contracts $4,000 Carried Unanimously * 18.5 Finance/Chamberlain - Request Approval of Safe Deposit Box Contract By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Debra Parsons, as City Chamberlain, is authorized to enter into a contract to lease safe deposit boxes in the name of the City of Ithaca at Tompkins County Trust Company, and be it further RESOLVED, That Dominick Cafferillo, Steven Thayer, Debra Parsons, Joyce Day, and Marna McNeal are authorized to access safe deposit boxes so leased at Tompkins County Trust Company. Carried Unanimously * 18.6 Attorney/Chamberlain - Request to Extend Tax Sale Redemption Period By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, Fleet Bank, which represents the successor in interest to the mortgagee of 602 West State Street, requested and received extensions of the date for property redemption at Common Council's regular meetings of September 7, 1994 and March 1, 1995, and WHEREAS, Fleet Bank has requested an additional two month extension to permit redemption of said property, and WHEREAS, the City Chamberlain, City Attorney, and the Budget and Administration Committee have reviewed written documentation requesting an additional extension for property redemption at 602 West State Street; now, therefore, be it RESOLVED, That Fleet Bank be permitted to redeem the property at 602 West State Street up to July 21, 1995, for the total lien amount outstanding, plus additional interest, penalty, and related costs through the date of redemption. Carried Unanimously * 18.7 Attorney - Request Approval of City Judge and Acting Judge Positions By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca currently has two City Court Judges, including an elected one-half time position and an appointed one- quarter time position; and WHEREAS, Common Council is aware that the individual who previously held the one-half time elected position (Honorable M. John Sherman, now Tompkins County Judge) and the person who currently holds the elected one-half time position (Honorable Judith A. Rossiter) both needed to spend significantly more than forty (40) hours per week to meet the requirements of the Court based on Court activity so that, de facto, the City of Ithaca received the benefit of at least one full-time judicial position in addition to a one- quarter time position; and WHEREAS, based on statistics regarding case load activity which have been compiled by the Ithaca City Court and the New York State Office of Court Administration, it is clear that there is more than sufficient case load activity to support the argument June 7, 1995 that there should be at least one full-time and one one-quarter time judge for the Ithaca City Court; and WHEREAS, Common Council is aware that an act has been introduced into the New York State Legislature which would result in the Ithaca City Court being served by one full-time judge and an approximately one-twentieth (1/20th) time acting City Court Judge which law, if passed will effectively decrease the quantity of judicial presence in the Ithaca City Court; and WHEREAS, the increase in the position of the elected City Court Judge from one-half time to full-time is not, according to the proposed legislation, to take effect until the expiration of the term of office commencing after April 1, 1996 which would be January 1, 2002; now, therefore, be it RESOLVED, as follows: The Common Council of the City of Ithaca recommends: 1. That the proposed State Legislation be modified to provide that the Ithaca City Court be served by one full-time elected judge and, in addition, by a second appointed judge who would serve, at least, one-quarter time so that the judicial needs of the Court can be adequately served. 2. That the said law, on being passed, be effective in 1996 for both positions so that the current existing needs of the Court can be adequately served. Carried Unanimously * 18.8 Finance/Controller - Request Approval of 1995 NYS Retirement Incentive Program Participants By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City enacted Local Law #1, May 3, 1995, adopting the 1995 Retirement Incentive Program (Chapter 12, Laws of 1995), and WHEREAS, the applicable departments have carefully evaluated the effects of eliminating the following targeted positions where required, or the replacement of experienced personnel where authorized by Chapter 12 of the Laws of 1995, and WHEREAS, based on such examination, and subject to operational adjustments and considerations recognized in concept as a part of this resolution, departments have determined that in each instance services and related supervision can be provided on a reasonable basis, should the employees involved in the following targeted positions exercise their option to retire during the authorized open period; now, therefore, be it RESOLVED, That the following positions and incumbent employees be targeted for inclusion in the 1995 Targeted Retirement Incentive Program (Chapter 12, Laws of 1995): Working Supervisor, Parks and Forestry Division, Department of Public Works, Adam J. Carman, Jr. Working Supervisor, Building Systems, Department of Public Works, Joseph R. Edsall Mechanic, Water and Sewer Treatment Plants, Department of Public Works, John Harding Engineering Technician, Water and Sewer Division, Department of Public Works, John DeBell Assistant Chief Water Treatment Plant Operator, Department of Public Works, Robert N. Simpson Housing Inspector, Building Department, Dannie L. Conrad June 7, 1995 Recreation Coordinator, Youth Bureau, John N. Wilson Recreation Supervisor, Youth Bureau, John D. Stone and be it further RESOLVED, That the Controller's memorandum dated May 31, 1995 is accepted, in concept, to indicate the operational changes set forth by the applicable departments in the interest of continuing a consistent level of service and related supervision, each subject to future Common Council action where required. Mayor Nichols noted for the record that all the positions being targeted are voluntary. A vote on the resolution resulted as follows: Carried Unanimously NEW BUSINESS: Resolution Urging Amendment of the Civil Service Law in Relation to Appointment or Promotions By Alderperson Mackesey: Seconded by Alderperson Hanna WHEREAS, the New York State Constitution requires appointments and promotions in the Civil Service of the State of New York and all political subdivisions thereof be made according to merit and fitness by competitive examination as much as practicable, and WHEREAS, under current Civil Service Law, appointment to a position in the competitive class off an eligible list is restricted to selecting one of the three persons ("Rule of Three") standing highest on an eligible list who is willing to accept such appointment, and WHEREAS, no selection method is mandated from an eligible list comprised of less than three persons, and WHEREAS, legislation recently introduced amending the Civil Service Law to increase selection from one of three persons to one of ten persons standing highest on the eligible list will provide a greater pool of qualified applicants, thereby enhancing the selection process, and WHEREAS, selection from the top ten on the eligible list emphasizes the mandatory probation period which more accurately measures the ability of an individual to perform job duties and responsibilities, placing a greater emphasis on the individual's job performance rather than on exam score, and WHEREAS, this Resolution will in no way affect an appointment from an existing promotional list, which will remain with the current "Rule of Three"; now, therefore, be it RESOLVED, That the City of Ithaca goes on record urging the State Legislature to approve the appropriate legislation, and be it further RESOLVED, That copies of this Resolution be submitted to Gov. Pataki and the relevant State officials, including Assemblyman Luster and Senator Seward. Amending Resolution By Alderperson Booth: Seconded by Alderperson Thorpe RESOLVED, That a final Whereas clause be added to the resolution to read as follows: "WHEREAS, this legislation will expand the City's ability to meet its affirmative action goals and to promote existing City employees." Carried Unanimously A vote on the Main Motion as Amended resulted as follows: Carried Unanimously June 7, 1995 EXECUTIVE SESSION: By Alderperson Booth: Seconded by Alderperson Thorpe RESOLVED, That Common Council adjourn into Executive Session to discuss possible litigation at 10:10 p.m. REGULAR SESSION AND ADJOURNMENT: Common Council reconvened into Regular Session with no actions forthcoming, and adjourned the meeting at 10:30 p.m. Julie Conley Holcomb Benjamin Nichols City Clerk Mayor