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HomeMy WebLinkAboutMN-CC-1995-07-05July 5, 1995 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 P.M. July 5, 1995 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Johnson, Efroymson, Hanna, Sams, Thorpe, Gray, Mackesey, Shenk, Schroeder OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Guttman City Controller - Cafferillo Deputy Planning and Development Director - Sieverding Police Chief - McEwen Fire Chief - Wilbur Board of Public Works Commissioner - Reeves Superintendent of Public Works - Gray Youth Bureau Director - Cohen Youth Development Coordinator - Green PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of the Minutes of the June 7, 1995 Common Council Meeting The approval of the Minutes of the June 7, 1995 Common Council meeting was postponed until the August 2, 1995 Common Council meeting. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider 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 Resolution to Open Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the public hearing to consider 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 be declared open. Carried Unanimously Alderperson Schroeder explained the Ordinance. Ms. Faye Gougakis, 412 E. Tompkins Street, addressed Council in favor of the Ordinance. Resolution to Close Public Hearing By Alderperson Schroeder: Seconded by Alderperson Mackesey RESOLVED, That the public hearing to consider 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 be declared closed. Carried Unanimously Public Hearing to Consider 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 Resolution to Open Public Hearing By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That the public hearing to consider 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 be declared open. Carried Unanimously July 5, 1995 Alderperson Schroeder explained the Ordinance. Ms. Susan Hurwitz, 228 Wood Street, thanked Common Council for time spent on this matter. She stated that bed-and breakfast establishments will be nice additions to neighborhoods. She requested that amendments be made to the Ordinance so that renovations would not be monitored by the Board of Zoning Appeals, that the five year period of the permit be abolished, and that another mechanism be provided to address neighborhood concerns. Ms. Hurwitz suggested that the Ordinance go back to committee for further discussion, since the last time it was discussed there seemed to be disagreement on several issues. Mr. Fred Somkin, Cornell Walk, stated that this Ordinance would be undermining the City of Ithaca zoning law. He stated that single-family home ownership in a residential neighborhood is the investment of a lifetime, an investment made on the assumption of the integrity of residential zoning. Mr. Somkin further believes that to inflict a zoning change upon homeowners now, is to rob them of their investment by forcing them to accept a severe impairment of the quality of life. Mr. Somkin requested that the matter be held until Fall when vacationing residents have returned, and further requested a requirement that all residents of a neighborhood where a bed-and-breakfast is proposed express their approval. Resolution to Close Public Hearing By Alderperson Schroeder: Seconded by Alderperson Efroymson RESOLVED, That the public hearing to consider 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 be declared closed. Carried Unanimously YOUTH AWARD: Alderperson Mackesey introduced Tafari Jenkins as the recipient of the City of Ithaca Youth Award for July, 1995. She stated that Tafari is the son of Claudia and Sylvester Jenkins, and is a freshmen at Ithaca High School. Alderperson Mackesey spoke further of Tafari's interests and talents. Tafari will be presented with a certificate of merit and a $20 gift certificate to a City of Ithaca business of his choice. MAYOR'S APPOINTMENTS: Advisory Commission on Art and Design for Public Space Mayor Nichols requested Council approval for the re-appointment of Richard Driscoll, 114 Bank Street, Newfield to the Advisory Commission on Art and Design for Public Space, with a term to expire June 30, 1998. Resolution By Alderperson Mackesey: Seconded by Alderperson Shenk RESOLVED, That this Council approves the re-appointment of Richard Driscoll to the Advisory Commission on Art and Design for Public Space, with a term to expire June 30, 1998. Carried Unanimously Disability Advisory Commission Mayor Nichols requested Council approval for the re-appointment of Richard Farruggio, 317 South Cayuga Street; John Ives, 512 Miller Road, Newfield; and Arthur A. Stern, 637 Sheffield Road, to the Disability Advisory Commission with terms to expire June 30, 1998. Resolution By Alderperson Gray: Seconded by Alderperson Shenk RESOLVED, That this Council approves the re-appointment of Richard Farruggio, John Ives and Arthur A. Stern to the Disability Advisory Commission with terms to expire June 30, 1998. Carried Unanimously July 5, 1995 Board of Fire Commissioners Mayor Nichols requested Council approval for the re-appointment of Alvin Nelson, 502 South Albany Street, to the Board of Fire Commissioners, with a term to expire June 30, 1998. Resolution By Alderperson Efroymson: Seconded by Alderperson Hanna RESOLVED, That this Council approves the re-appointment of Alvin Nelson to the Board of Fire Commissioners with a term to expire June 30, 1998. Carried Unanimously Six Mile Creek Advisory Committee Mayor Nichols requested Council approval for the re-appointment of Elizabeth Mulholland, 105 Penny Lane and Marjorie Z. Olds, 100 Renzetti Place, to the Six Mile Creek Advisory Committee with terms to expire December 31, 1997. Resolution By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That this Council approves of the re-appointment of Elizabeth Mulholland and Marjorie Z. Olds to the Six Mile Creek Advisory Committee with terms to expire December 31, 1997. Carried Unanimously Youth Bureau Advisory Council Mayor Nichols announced that he has appointed Alice Miller, 421 Hook Place, to the Youth Bureau Advisory Council with a term to expire December 31, 1997. Tompkins County Youth Board Mayor Nichols announced that he has appointed Brenda l. Wickes, 313 Park Place and Don Fredericksen, 205 DeWitt Place, to the Tompkins County Youth Board with terms to expire December 31, 1996. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Same Sex Marriage Issue The following persons spoke to Council in support of same sex marriages: Ms. Pat Pryor - 508 South Albany Street, representing Coalition for Children First and Bias Free Schools Mr. Nick Papatonis - 406 South Plain Street Mr. Toshav Storrs - 603 Winston Court Ms. Deirdre Silverman - 100 Traver Road, Willseyville, representing Tompkins County Human Rights Commission Ms. Lynn Greenspan Gallo - 835 Taughannock Boulevard Mr. Larry Roberts - 406 South Plain Street Mr. Will Kone - 10 Judd Falls Ms. Margaret McCarthey - 210 South Albany Street Mr. Lynn A. Grove - 227 North Willard Way, read a statement from the Religious Society of Friends (Quakers) Ms. Elizabeth Reed - 149 East Lake Road, Lansing Ms. Sandy Pollack - 313 Washington Street Ms. Suzanne Reine - 409 Campbell Avenue Ms. Janet Shortell - 1927 Slaterville Road Ms. Anne Kornman - 89 West Main Street, Trumansburg Ms. Margaret Dwyer - 204 West Lincoln Street Ms. Vera Whisman - 521 Linn Street Ms. Susan Steigerwalt - 114 Sears Street Ms. Joyce Muchan - 309 Washington Street Ms. Katherine Latham - 1354 Slaterville Road Ms. Sarah Pryor - 407 North Cayuga Street Ms. Maria Iannacome Coles - 502 Warren Place Mr. Terrence Calhoun - Ithaca Mr. Kirby Edmonds - 411 Esty Street Same Sex Marriage Issue July 5, 1995 The following persons addressed Council in opposition of the same sex marriage issue: Mr. Calvin Criss - Buffalo Street Mr. John Coggin - 132 Judd Falls Road, submitted a petition with 175 signatures Mr. Edwin D. Faulks, Jr. - George Street, Lisle Mr. Douglas Chabra - 47 Bennett Avenue, Binghamton Ms. Sara Jo Mendez - Ithaca Newman Golf Course Mr. Gary Sloane, 6 Janivar Drive, presented a petition to Council on behalf of the Lou Adesso Golf League at the Newman Golf Course. He stated that the petition, in support of reinstating the previous arrangement with Mr. Torrant, was also presented to the Board of Public Works. Mr. Sloane said that he has many questions which he will submit to Council in writing. Prejudice and Institutional Racism Resolution The following persons spoke to Council in support of the Prejudice and Institutional Racism resolutions on the agenda: Mr. Mendez, 246 Floral Avenue, Coalition for Children First and Bias Free Schools Mr. Larry Roberts - 406 South Plain Street Mr. John Coggin - 132 Judd Falls Road Ms. Margaret McCarthy - 210 South Albany Street Ms. Sarah Pryor - 407 North Cayuga Street Mr. Terrence Calhoun - Ithaca Ms. Faye Gougakis - 412 East Tompkins Street Fall Creek Dumping Mr. Nick Papatonis, 406 South Plain Street, spoke to Council regarding the possibility of dumping in the Beebe Lake, Fall Creek area which is killing thousands of crayfish, minnows and other aquatic life. Candlelight Vigil Invitation Suzanne Davis, 523 First Street, announced that there will be a candlelight march and vigil in the honor and support of Kahil Manning and his family on June 8, 1995 at 7:45 p.m. She invited the members of Council and the audience to join them, either at GIAC or Southside. Cable Archive Ms. Faye Gougakis, 412 East Tompkins Street, spoke to Council in support of an archive regarding cable access. RESPONSE TO PUBLIC: Alderpersons Thorpe responded to comments made by Mr. Coggin. Alderpersons Thorpe and Shenk thanked all the people who came before Council to speak on the same sex marriage issue. Mayor Nichols requested that the following item be advanced on the agenda: YOUTH AND HUMAN SERVICES COMMITTEE: * 17.1 Support of Same Sex Marriage By Alderperson Shenk: Seconded by Alderperson Thorpe WHEREAS, groups and municipalities throughout the nation have been asked to endorse the following resolution; now, therefore, be it RESOLVED, That Common Council adopts the following marriage resolution: "Because marriage is a fundamental right under our Constitution, and because the Constitution guarantees equal protection of the law, July 5, 1995 RESOLVED, that New York State should permit same sex couples to marry and share fully and equally in the rights and responsibilities of marriage." Alderperson Mackesey stated that she supports the resolution because she believes that democracy demands that we provide equal opportunity for everybody in our country. Alderpersons Hanna, Efroymson and Schroeder noted their reasons for supporting the resolution. Alderperson Booth stated that he strongly endorses this resolution. This discussion, however, is related to another issue which is whether the City of Ithaca may properly and lawfully issue a marriage license to a same sex couple. He stated that marriage is an institution regulated entirely by the State of New York, and the City of Ithaca has no authority independent of the State of New York. Alderperson Booth also stated that in his opinion the City of Ithaca must abide by the current state of the law. Alderperson Booth noted that he will willingly and strongly vote for this resolution tonight, but he will strongly criticize any decision to issue a marriage license in contravention of state law. He further stated that recommending that the legislature change the law is proper and responsible, but violating state law, even for a good purpose, is both improper and irresponsible. Alderperson Shenk stated that she does not believe that the City is violating the State law. Alderperson Sams stated that sometimes a law has to be broken to make things happen, and as a marriage officer she would be happy to perform marriage ceremonies for same sex couples. Alderperson Johnson offered an Amendment asking that this Resolution be forwarded to Assemblyman Luster and Senator Seward so that it may be introduced into the appropriate committees of the State Legislature. Alderperson Thorpe stated that this Resolution should be forwarded to the Lambda Legal Defense, NYS Pride Agenda and the Lesbian/Gay/Bisexual Community in Ithaca, and let them decide when it would be appropriate to forward it to the State Legislature. Alderperson Johnson withdrew the Amendment. Alderperson Thorpe also stated that a lot of research is being conducted regarding this matter and that anyone who thinks that the City is rushing into anything is mistaken. Mayor Nichols stated that the law is not precisely clear in regards to same sex marriages. He further stated that the New York State Constitution states that neither the State or any subdivision thereof shall deny equal protection under the law. He stated that the City of Ithaca is a subdivision of the State of New York, and we have the duty to provide equal protection under the law, and if we believe that equal protection under the law means that we should issue a marriage license to a same sex couple, it's not only something that we will do because it's the right thing to do, it's our duty to do it. A vote on the resolution resulted as follows: Carried Unanimously RECESS: Common Council recessed at 9:10 p.m. and reconvened in regular session at 9:20 p.m. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: July 5, 1995 Board of Public Works Commissioner Reeves reported that the Board of Public Works considered the following items in June, 1995: On-site treatment program for contaminated soils Accepted the Traffic Task Force Report Adopted procedures on how to address neighborhood traffic concerns Permit use of Stewart Park for training dogs that assist disabled persons Approved the Amateur Softball contract Free State Street bricks for IPAC Denied GIAC request to use the Wood Street Park for the expanded basketball league program Commissioner Reeves stated that the Board of Public Works would like to be involved with the Planning Committee's discussions regarding Cornell rezoning. REPORT OF THE CITY ATTORNEY: Time Warner Cable City Attorney Guttman reported that Time Warner will be issuing refunds for over-charges of the Cable-plus Tier. Wal-Mart Environmental Review Issue City Attorney Guttman reported that the lawsuit against the City regarding the Wal-Mart environmental review issue has been dismissed. PLANNING COMMITTEE: * 16.2 An Ordinance Amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325, Regarding Bed-and-Breakfast Uses a. Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325 of the City Code is an Unlisted Action pursuant to SEQR, and a Type I Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendment of Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325. Carried Unanimously b. Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Mackesey WHEREAS, an Ordinance Amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325, regarding Bed-and-Breakfast Uses has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act, and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it July 5, 1995 RESOLVED, that this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Long Environmental Assessment Form dated June 27, 1995, and be it further RESOLVED, that this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, that this resolution shall constitute notice of this negative declaration, and the City Clerk be, and she is, hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Extensive discussion followed on the floor regarding the possible negative impacts to neighborhoods. A vote on the resolution resulted follows: Ayes (8) - Schroeder, Mackesey, Shenk, Thorpe, Gray, Booth, Sams, Efroymson Nay (1) - Johnson Abstention (1) - Hanna Carried (8-1-1) c. 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 By Alderperson Schroeder: Seconded by Alderperson Shenk 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 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 July 5, 1995 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: [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: July 5, 1995 [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 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. [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 July 5, 1995 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 have a negative impact on 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. Extensive discussion followed on the floor regarding how well neighborhoods understood the proposed ordinance. Motion to Postpone By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED, That the Ordinance amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325 regarding Bed-and-Breakfast uses be postponed until the October Common Council meeting. Ayes (3) - Booth, Johnson, Hanna Nays (7) - Schroeder, Mackesey, Thorpe, Gray, Efroymson, Sams, Shenk Motion Fails (3-7) July 5, 1995 Further discussion followed on the floor regarding the public notice that was placed with the Ithaca Journal and the coverage of the proposed ordinance in the local media. Motion to Postpone By Alderperson Mackesey: Seconded by Alderperson Hanna RESOLVED, That a final vote on the Ordinance amending Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325 regarding Bed-and- Breakfast uses be postponed until the September Common Council meeting. Ayes (7) - Booth, Johnson, Mackesey, Hanna, Schroeder, Sams, Shenk Nays (3) - Gray, Thorpe, Efroymson Carried (7-3) Mayor Nichols requested that the following items be advanced on the agenda: NEW BUSINESS: * 21.1 Elimination of Prejudice and Institutional Racism By Alderperson Sams: Seconded by Alderperson Johnson WHEREAS, the Ithaca Common Council acknowledges that racism is a serious problem within our jurisdiction, and WHEREAS, Common Council recognizes the need for government and community leadership to take sustained action to address this problem; now, therefore, be it RESOLVED, That Common Council agrees to make combating racism in our community a top priority for the coming year, and be it further RESOLVED, That Common Council will see that our budget decisions reflect this commitment as much as possible, and will make this issue a top budgeting priority starting in 1996. Alderpersons Thorpe and Mackesey spoke in favor of the Resolution. Carried Unanimously * 21.2 Bias Related Crimes Resolution By Alderperson Sams: Seconded by Alderperson Johnson WHEREAS, Common Council is aware of the dynamics that come into play to cause bias related crimes, and WHEREAS, we want to help lessen or eradicate these sorts of crimes all together, and WHEREAS, we recognize that one such way is to eliminate bias crime through education and understanding the impact of ones crime; now, therefore, be it RESOLVED, That $3,000 be transferred from Unrestricted Contingency July 5, 1995 Account #A1990 to the appropriate line in the City Prosecutor's budget, such money to be used by the Prosecutor to design and implement a program to help reduce or eradicate crimes which may involve bias and to develop an appropriate information base for the Prosecutor's use relative to said crimes. Discussion followed on the floor regarding the wording of the Resolution, and the City Prosecutor's ability to use the funds for any type of bias related crimes. The City Prosector stated her belief that the Resolution gave her sufficient flexibility to use the funds appropriately. Alderperson Hanna stated that he is in favor of the purpose of this Resolution but he is opposed to the implementation process proposed. A vote on the resolution resulted as follows: Ayes (9) - Sams, Johnson, Efroymson, Shenk, Gray, Thorpe, Schroeder, Mackesey, Booth Nay (1) - Hanna Carried (9-1) PLANNING COMMITTEE: * 16.1 An Ordinance Amending Sections 325-3 and 325-8 of Chapter 325, Regarding Adult Entertainment Establishments a. Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Mackesey WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of Sections 325-3 and 325-8 of Chapter 325 of the City Code is an Unlisted Action pursuant to SEQR, and a Type I Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendment of Sections 325-3 and 325-8 of Chapter 325. Carried Unanimously b. Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, an Ordinance Amending Sections 325-3 and 325-8 of Chapter 325, regarding Adult Entertainment Establishments has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act, and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated June 27, 1995, and be it further RESOLVED, that this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a July 5, 1995 significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, that this resolution shall constitute notice of this negative declaration,and the City Clerk be, and she is, hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously c. 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 By Alderperson Schroeder: Seconded by Alderperson Mackesey 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 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 downgrading 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 July 5, 1995 genitals, pubic region, b) human buttock, anus, or c) female breasts below a point immediately above the top of the areola; or 2) erect penis, 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; 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.” Carried Unanimously * 16.3 Minor Revision to Agreement With Comex Plaza Associates By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, a Memorandum of Understanding was entered into between the City of Ithaca and Comex Plaza Associates on December 10, 1993, regarding the use and design of ground floor retail space in the property known as the “Rothchild’s Building” and WHEREAS, this agreement was modified by action of the Common Council dated April 5, 1995, and WHEREAS, Comex Plaza Associates has requested that the terms of the Memorandum of Understanding be modified to expand slightly the permitted tenanted use of the building; now therefore, be it RESOLVED, for the reasons more particularly stated in the proposed agreement, the City of Ithaca agrees to amend the Memorandum of Understanding dated December 10, 1993 and modified April 5, 1995, and be it further RESOLVED, that the Mayor is hereby authorized to enter into the Memorandum of Understanding dated July 5, 1995 amending the December 10, 1993 Memorandum of Understanding as amended on April 5, 1995. A vote on the resolution resulted as follows: Ayes (9) - Booth, Johnson, Schroeder, Mackesey, Efroymson, Sams, Shenk, Thorpe, Gray Abstention (1) - Hanna (possible conflict of interest) July 5, 1995 Carried (9-0-1) *16.4 Acquisition Through Tax Sale of Southwest Park Substitute Park Land Parcel SW1, Located in the City of Ithaca By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, the City of Ithaca has acquired the tax sale deed to a 4.33 acre parcel (tax parcel 127-1-3) which is part of Negundo Woods and which is located in the City along the Cayuga Inlet, and WHEREAS, this parcel, sometimes known as parcel SW1, has been identified as substitute park land for Southwest Park, and is part of the substitute park land called Parcel A1 in Chapter 757 of New York State Laws of 1985, and WHEREAS, no property taxes have been paid on this parcel for over three years, and WHEREAS, Robert Gonet of the New York State Office of Parks, Recreation and Historic Preservation, Finger Lakes State Parks Commission, has advised the City that he does not believe the acquisition of this property now will interfere with the later use of this property as substitute park land, and WHEREAS, the City could file the tax deed and establish City ownership of the land if it pays the taxes which are owed to the County for this parcel; now, therefore, be it RESOLVED, Upon the recommendation of the Planning Committee of Common Council, the Common Council does hereby direct that the County taxes of approximately $250.00 be paid on this parcel and that the City take title to the parcel and file the deed for the parcel with the County Clerk, and be it further RESOLVED, That the Mayor is hereby authorized and directed upon the advice of the City Attorney to sign any and all instruments necessary to carry out this resolution. Alderperson Booth stated for the record that he will vote in favor of this Resolution, however, this vote does not indicate any support for de-parking Southwest Park. A vote on the resolution resulted as follows: Carried Unanimously * 16.5 Procedure for Sale of State Street Bricks By Alderperson Schroeder: Seconded by Alderperson Hanna WHEREAS, the City has an ample supply of used paving bricks which are now stored in the southwest area of the City, and WHEREAS, Common Council has previously authorized BPW to dispose of these bricks in accordance with certain policies, and WHEREAS, Council recognizes that these bricks may be of value to certain not-for-profit organizations within the City; now, therefore, be it RESOLVED, that the Common Council hereby requests that the BPW consider a modification to the existing policy which would allow not-for-profit organizations to acquire these bricks at no cost provided that their use meets the other criteria previously established for their disposition. Carried Unanimously Rezoning of Cornell University - Report Alderperson Schroeder reported that the Planning Committee is discussing the rezoning Cornell University and any Council member who has any ideas or concerns regarding the rezoning is welcome to attend the next several meetings. July 5, 1995 Zoning Strategies to Promote Affordable Housing - Report Alderperson Schroeder distributed the work program for the summer intern who is working on zoning strategies designed to encourage creation of affordable housing in the City. Alderperson Schroeder stated that intern Colin Forth is working on the Cluster Zoning Ordinance, R-2c Zone, and the investigation of a floating affordable housing zoning district. Discussions will be ongoing at the Planning Committee and Planning Board meetings. Specific proposed ordinances will be forwarded to the Planning Committee for consideration this Fall. BUDGET AND ADMINISTRATION COMMITTEE: * 19.1 Finance/Controller - Request to Transfer Funds for Computer Network Support Contract By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, Phase I of the City-wide computer network is 95% implemented, which includes networking City Hall, the Police Department, and the Fire Department, and WHEREAS, the Computer Committee has discussed various alternatives for management of the new network and has determined that a tier management approach should be instituted, and WHEREAS, the tier management approach should include: (1) City Hall floor server managers resolving daily internal network and PC problems; (2) Basic system and server problem resolution from Tompkins County computer systems analysts; (3) System support under a contract with The Computing Center; and (4) Special system support from additional support contracts already in place, and WHEREAS, the Computer Committee is recommending that the City enter into a contract with The Computing Center to provide for Network System Support for hardware and software on an as-needed basis for the remainder of 1995 at a cost not to exceed $10,000, and WHEREAS, the Computer Committee will evaluate the network and related needed system support after the six-month period and make further recommendations for system network management; now, therefore, be it RESOLVED, That an amount not to exceed $10,000 be transferred from Account A1990 Unrestricted Contingency to Account A1315-435 Contracts for the purpose of providing a Network Service System contract with The Computing Center for the remainder of 1995. Carried Unanimously * 19.2 DPW - Water/Sewer - Request to Temporarily Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, Paige Rumsey, since returning from maternity leave, is working 14.5 hours per week at her position as Account Clerk- Stenographer and 17.5 hours per week out-of-title as a Principal Account Clerk, when Joanne Phillips is not working, and WHEREAS, Joanne Phillips, since covering for Paige Rumsey after her own maternity leave, is working 20.0 hours per week at least through December 31, 1995, and WHEREAS, Beverly Klinko is currently working 16.0 hours per week as a temporary Account Clerk/Typist, and WHEREAS, the arrangement to accommodate families, while retaining job skills the city has helped develop, is working well at less expense to the city with useful cross-training, and WHEREAS, the DPW is able to accommodate these particular arrangements; now, therefore, be it July 5, 1995 RESOLVED, That the 1995 Water and Sewer Personnel Roster be temporarily amended by reducing the full-time positions of Account Clerk-Stenographer and Principal Account Clerk from 35 hours per week to 32 and 20 hours per week respectively, through December 31, 1995, and be it further RESOLVED, That a temporary Account Clerk/Typist position be established for up to 24 hours per week through December 31, 1995. Carried Unanimously * 19.3 Finance/Clerk - Request Funds for Purchase of Municipal Code Software By Alderperson Booth: Seconded by Alderperson Hanna WHEREAS, the City Clerk's Office is recommending that PC Codebook Software be purchased and placed on the City's new network system, and WHEREAS, it has been determined that placing PC Codebook on the City network will reduce staff time spent in maintaining hard- copy copies of the City Code, reduce staff research time, make the City Code more accessible to citizens via the City's public access system, and produce annual cost savings for the City, and WHEREAS, the initial set up costs and licensing agreement have been estimated at $3,450 with an annual cost estimated at $6,750; now, therefore, be it RESOLVED, That an amount not to exceed $3,450 be transferred from Account A1990 Unrestricted Contingency to A1315-225 Other Equipment for the purchase of said codebook software, and be it further RESOLVED, That with the purchase of said PC Codebook Software, the City Clerk shall maintain any hard-copy copies required by law, and discontinue maintenance of all but approximately 20 existing hard-copy code books. Carried Unanimously * 19.4 Planning & Development - Request Funds for Transcript Cost of ILPC Meeting By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, an Article 78 proceeding has been filed challenging the actions of the Ithaca Landmarks Preservation Commission (ILPC) regarding Sage Hall, and WHEREAS, the City Attorney's office has requested a transcript of the ILPC meeting at an estimated cost of $1,540; now, therefore, be it RESOLVED, That an amount not to exceed $1,540 be transferred from Account A1990 Unrestricted Contingency to Account A8020-435 for the purpose of funding said transcript. Carried Unanimously * 19.5 Youth Bureau - Ithaca Youth Bureau Acoustic/HVAC Project After extensive discussion, this item was withdrawn from the agenda. * 19.6 Building Department - Request to Transfer Funds By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, at its June 7, 1995 meeting Common Council approved, in concept, the Building Department's proposed operational changes that would be required by Dannie Conrad's pending retirement pursuant to the New York State Retirement Incentive Program, and WHEREAS, Dannie Conrad will retire effective July 22, 1995 but will leave active service June 25, 1995, and July 5, 1995 WHEREAS, as part of the retirement mitigation plan, a Computer Network Management Overtime fund in the amount of $1,000 for the remainder of 1995 will be established and used, as needed, to pay a Building Department staff member to undertake network repairs and system set-ups; now, therefore, be it RESOLVED, That an amount not to exceed $1,000 be transferred from Account A3620-110 Staff Salaries to Account A3620-125 Overtime to establish said overtime fund, and be it further RESOLVED, That the continued establishment of the overtime fund is contingent on the retirement of Housing Inspector Dannie Conrad, and subsequent elimination of his position. Carried Unanimously * 19.7 Building Department - Request to Promote Personnel By Alderperson Booth: Seconded by Alderperson Thorpe WHEREAS, the Building Department was left with an open Code Inspector position as a result of a recent resignation from the department, and WHEREAS, the Building Commissioner is recommending that the open Code Inspector position be filled by the promotion of Housing Inspector Linda Jain; now, therefore, be it RESOLVED, That Linda Jain be promoted from the position of Housing Inspector and appointed to the position of Code Inspector at an annual salary of $27,942, that being Grade 16 on the 1995 CSEA Administrative Unit, effective July 6, 1995, and be it further RESOLVED, That this promotion is contingent upon the elimination of the Housing Inspector position. Carried Unanimously * 19.8 Building Department - Request to Promote Personnel By Alderperson Booth: Seconded by Alderperson Hanna WHEREAS, as part of the Building Department's mitigation plan for dealing with Dannie Conrad's pending retirement pursuant to the New York State Retirement Incentive Program, which plan has been approved in concept by Common Council on June 7, 1995, the mitigation plan requested by the Department would involve promoting the current Code Inspector Michael Niechwiadowicz to Plan Review Officer, and WHEREAS, the financial implication of the Code Inspector promotion to Plan Review Officer for the remainder of the year is $1,400, which can be derived from within the existing 1995 Building Department Budget; now, therefore, be it RESOLVED, That Michael Niechwiadowicz be promoted from the position of Code Inspector and appointed to the position of Plan Review Officer at an annual salary of $36,993, that being Grade 19 on the 1995 CSEA Administrative Unit, effective July 24, 1995, and be it further RESOLVED, That the above promotion is contingent on the retirement of Housing Inspector Dannie Conrad and subsequent elimination of his position. Carried Unanimously * 19.9 Building Department - Request to Amend 1995 Personnel Roster By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, as part of the Building Department's mitigation plan for dealing with Dannie Conrad's retirement pursuant to the New York State Retirement Incentive Program, which plan has been approved in concept by Common Council on June 7, 1995, the mitigation plan requested by the Department would involve amending the Department's typist position from its current part-time status to a full-time position, and July 5, 1995 WHEREAS, it has been determined that a full-time typist is needed in the Building Department to assist in data input and filing, and WHEREAS, the financial implication of the increased weekly hours of the typist position for the remainder of the year is $4,450, which can be derived from within the existing 1995 Building Department Budget; now, therefore, be it RESOLVED, That the 1995 Building Department Personnel Roster be amended, effective July 24, 1995, as follows: Delete: (1) Typist Part-time (20 hours) ($8.5184/hour) Add: (1) Typist Full-time (40 hours) ($8.5184/hour), Grade 2 of the 1995 CSEA Administrative Unit and be it further RESOLVED, That the above personnel amendment is contingent on the retirement of Housing Inspector Dannie Conrad and subsequent elimination of his position. Carried Unanimously * 19.10 Youth Bureau - Request to Amend 1995 Budget By Alderperson Booth: Seconded by Alderperson Hanna WHEREAS, the City of Ithaca has received a grant from the New York State Division of Youth in the amount of $23,000 to fund the Community Enterprise Opportunity Program, and WHEREAS, the Community Enterprise Opportunity Program and this grant will allow ten young people to set up food vending operations, design and purchase a food vending cart, and purchase one computer system, and WHEREAS, all contracts for this program will be issued to Jeffrey Furman as lead agent for services for the Community Enterprise Opportunity Program; now, therefore, be it RESOLVED, That the 1995 Youth Bureau Budget be amended as follows for purposes of said grant program: Increase Revenues Account: A-3820 State Aid Youth Programs $23,000 Increase Appropriations Account: A 7310-435-1400 Contracts $23,000 Carried Unanimously 19.11 DPW - Request to Establish Capital Project for Purchase of Buses By Alderperson Booth: Seconded by Alderperson Thorpe WHEREAS, Common Council, at their regular meeting of October 7, 1992, authorized the City to purchase two (2) 19-passenger buses with the assistance of grant funds from the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964, and WHEREAS, the City's share of said bus purchase was authorized to be derived from Capital Reserve #22 Bus Acquisitions based upon a final project audit by the New York State Department of Transportation, and WHEREAS, the final project audit for the two (2) 19-passenger bus purchases has been received and the funding allocation is as follows: Federal Funds (U.S. Dept. of Transportation) $124,491 New York State Funds (Dept. of Transportation) 15,562 Local Share (City of Ithaca) 15,561 July 5, 1995 $155,614 now, therefore, be it RESOLVED, That Capital Project #312 Transit Bus Purchases be established in an amount not to exceed $155,614 for said bus purchases with the City's share of $15,561 being derived from Capital Reserve #22 Bus Acquisitions as authorized by Common Council in October, 1992, and be it further RESOLVED, That the Federal and State reimbursement of $140,053 will be placed in Capital Project #312 upon receipt. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:55 p.m. Julie Conley Holcomb Benjamin Nichols City Clerk Mayor