HomeMy WebLinkAboutMN-CC-2000-09-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 September 6, 2000
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Sams, Blumenthal, Glasstetter, Manos,
Vaughan, Spielho1z, Taylor, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
Assistant City Attorney – Dunn
City Controller – Cafferillo
Planning and Development Director – Van Cort
Economic Development Director – McDonald
Community Development Director - Bohn
Superintendent of Public Works – Gray
City Chamberlain – Parsons
Human Resources Director – Michell-Nunn
Fire Chief – Brian Wilbur
Youth Bureau Director – Cohen
Deputy Youth Bureau Director – Green
EXCUSED:
Alderperson Farrell
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
YOUTH AWARD:
Alderpersons Pryor and Manos presented the Distinguished Youth
Award to the Enclave Group of the Ithaca City School District
Special Education Summer School. Under the supervision of their
teachers, this group engaged in tasks such as gardening at Titus
Towers, Ithaca Children’s Garden, and Boynton Middle School,
completing a community clean-up at Beverly J. Martin School and
Washington Park neighborhoods, washing windows in the Stewart
Park Pavilions, and participating in the intergenerational
program at Hospicare. The Enclave Group setting allows students
to develop specific job skills and to develop work habits and
attitudes that will help them to be productive and successful
employees after graduation from high school.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Resources Committee
Alderperson Manos requested that Item 19.1 - Youth Bureau -
Amendment to Personnel Roster and Item 19.2 - Youth Bureau -
Request to Reduce Hours be moved to the Consent Agenda.
No Council member objected.
New Business
Mayor Cohen requested the addition of Item 21.2 Possible
Executive Session to discuss possible property acquisition.
No Council member objected.
September 6, 2000
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Meg Wahlig Cole, Town of Enfield, addressed Council in favor of
the Ithaca Children’s Garden proposal for use of a portion of
Cass Park.
Jane Marcham, City of Ithaca, addressed Council to request that
the height of buildings in the CBD 140 district be reduced to 60
feet instead of 85 feet.
A representative from the Ithaca Children’s Garden shared the
groups Mission and Vision Statement with Common Council and spoke
in favor of the proposal for use of Cass Park.
Michael Angeley, Town of Jacksonville, spoke in opposition to the
installation of traffic diverters on Wood Street, South Street,
and Titus Avenue.
Fay Gougakis, City of Ithaca, addressed Council regarding the EPA
clean up of Ithaca Falls, and voiced her support for the existing
Coast Guard site.
Joel Harlan, Town of Dryden, addressed Council regarding the EPA
clean up of Ithaca Falls.
RESPONSE TO THE PUBLIC:
Alderperson Blumenthal responded to comments made about the
Ithaca Children’s Garden Proposal.
Mayor Cohen responded to comments made regarding the EPA clean up
of Ithaca Falls.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen announced that the Annual Employee Recognition Picnic
will be held September 15, 2000 at Stewart Park at 12:00 noon.
Mayor Cohen and Alderperson Manos presented the Quarterly
Recognition Award to City Electricians Jim Crandall, Ron Smith,
Charlie Malone, and Building Maintenance Employee Bob Mitchell.
These employees were nominated for the award for their work on
the City Hall Renovation Project. The nomination states: “There
are so many City employees that work “behind the scenes” and
receive very little positive recognition, and in fact, only get
thought about if something goes wrong. Jim, Ron, Charlie and Bob
deserve recognition for all of the things they do “right”, day in
and day out, that keeps all of our jobs running smoothly, for
their quick response time, their sense of cooperation and
teamwork, and most importantly their sense humor.”
CONSENT AGENDA:
19.1 Youth Bureau – Amendment to Personnel Roster - Resolution
By Alderperson Manos: Seconded by Alderperson Hershey
RESOLVED, That the Personnel Roster of the Ithaca Youth Bureau be
amended as follows:
Add: One (1) Maintenance Supervisor (Recreational
Facilities)
and, be it further
RESOLVED, That the position of Maintenance Supervisor
(Recreational Facilities) be assigned to the CSEA DPW Unit at
Grade 32, and, be it further
September 6, 2000
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RESOLVED, That John Sladich be provisionally appointed to the
position of Maintenance Supervisor (Recreational Facilities) at
an hourly rate of $18.549/hour, and, be it further
RESOLVED, That the Working Supervisor position that is currently
authorized on the Department of Public Works Personnel Roster and
assigned to Cass Park be retained on the Department of Public
Works Personnel Roster in a vacant, unfunded capacity until Mr.
Sladich has successfully completed the civil service examination
process for the Maintenance Supervisor (Recreational Facilities)
position, and, be it further
RESOLVED, That $880 be transferred from account # A7310-5410-1514
to account # A7310-5115-1514.
Carried Unanimously
19.2 Youth Bureau – Request to Reduce Hours - Resolution
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, Monica Bosworth, a member of the Youth Bureau Outing
Program, has requested permission to reduce her hours per week
from 35 to 28 hours for personal reasons, and
WHEREAS, the Youth Bureau will be able to maintain services by
using temporary/seasonal staff; now, therefore be it
RESOLVED, That Common Council hereby grants the request to reduce
the hours of Monica Bosworth by seven hours per week for the
period from September 11, 2000 until April 15, 2001, and, be it
further
RESOLVED, That $1,337.00 be transferred from account # A17310-
110-1221 to Account # A7310-120-121.
Carried Unanimously
REGULAR AGENDA ITEMS:
18. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.1 Ithaca Children’s Garden – Resolution of Conceptual Approval
By Alderperson Blumenthal: Seconded by Alderperson Glasstetter
WHEREAS, the Ithaca Children's Garden has requested
permission to locate near the southern end of Cass Park in
the City of Ithaca, and
WHEREAS, the Ithaca Children's Garden will provide an
opportunity for hands-on educational opportunities for
youth of all ages, and
WHEREAS, the Ithaca Children's Garden would be a tourist
attraction, and
WHEREAS, the Ithaca Children's Garden activities would
compliment existing youth focused, sports recreation and
summer camp activities already in existence in the park,
and
WHEREAS, the Ithaca Children's Garden would provide a
highly visible, attractive entrance to the City, and
WHEREAS, the southern end of Cass Park is the least
intensively used part of the park and has space which could
be made available to the Ithaca Children's Garden, and
WHEREAS, the Ithaca Children's Gardens would complement the
recently approved Tompkins County Waterfront Development Plan,
and provide a stopping point on the proposed Black Diamond Trail,
and
September 6, 2000
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WHEREAS, existing infrastructure facilitates the development of
garden in that area, and
WHEREAS, the site is on existing public transportation
routes, and
WHEREAS, the Ithaca Children's Garden has strong organizational
and community support, and
WHEREAS, the Ithaca Children's Garden has worked with the
Youth Bureau Board and Staff, the City Forester, and the
Parks Commission for guidance and conceptual approval; now
therefore, be it
RESOLVED, That the Common Council approves in concept the
location of the Children's Garden in Cass Park and directs
staff to prepare the appropriate lease or permit for such
activity be returned to Common Council for final approval.
Carried Unanimously
18.2 An Ordinance to Amend Ordinance No. 00-07 Entitled “An
Ordinance To Amend the Municipal Code and the Official Zoning Map
of the city of Ithaca, New York, Chapter 325 Entitled “Zoning”, to
Change the Zoning Designation of Certain Areas of the City of
Ithaca in and Around Collegetown and to Establish an Overlay Zone
with Appropriate District Regulations, (CPOZ)”—Call for Public
Hearing
By Alderperson Blumenthal: Seconded by Alderperson Manos
RESOLVED, That An Ordinance to Amend Ordinance No. 00-07 entitled
“An Ordinance To Amend the Municipal Code and the Official Zoning
Map of the city of Ithaca, New York, Chapter 325 Entitled
“Zoning”, to Change the Zoning Designation of Certain Areas of
the City of Ithaca in and Around Collegetown and to Establish an
Overlay Zone with Appropriate District Regulations, (CPOZ)” is
hereby introduced before the Common Council of the City of
Ithaca, NY, and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the aforesaid amended ordinance in the Common Council
Chambers, City Hall, 108 East Green Street, in the City of
Ithaca, New York, at 7:00 p.m. on Wednesday, October 4, 2000, and
be it further
RESOLVED, That the City Clerk shall 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. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board and to the Conservation Advisory Council
and other appropriate groups true and exact copies of the
proposed zoning ordinance for their reports thereon.
Carried Unanimously
The Ordinance to be considered shall be as follows:
An Ordinance to Amend Ordinance No. 00-07 Amending the Municipal
Code Municipal Code And The Official Zoning Map Of The City Of
Ithaca, New York, Chapter 325 Entitled ‘Zoning' To Change The
Zoning Designation Of Certain Areas Of The City Of Ithaca In And
Around Collegetown And To Establish An Overlay Zone With
Appropriate District Regulations,(CPOZ)”
September 6, 2000
5
Ordinance 00-__
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca that Section 3 and Section 4 of Ordinance 00-07 be
amended as follows:
Section 3. Section 325-8A(4) of the Municipal Code of the
City of Ithaca is hereby amended as follows to change the required
number of parking spaces for the R-3a and R-3b zones (Residential)
and the B-2a and B-2b zones (Business), within the new CPOZ as
follows:
Collegetown Parking Overlay Zone - CPOZ - R-3, (R-3a and R-3b)
Off-Street Parking Requirements
1. All residential uses including but not limited to single and
two family dwelling units, apartments, boarding houses,
cooperative households, dormitories, garden apartments,
group homes, hotels, motels, rooming houses, townhouses,
tourist homes, fraternities and sororities.
2. All other permitted uses: Same as listed in Section 325-8,
District Regulations Chart.
Collegetown Parking Overlay Zone - CPOZ - B-2a
Off-Street Parking Requirements
1. Residential uses: Same as CPOZ R-3
2. All other permitted uses: Same as listed in Section 325-
8, District Regulations Chart.
Collegetown Parking Overlay Zone - CPOZ - B-2b
Off-Street Parking Requirements
1. Residential uses: Same as CPOZ B-2a
2. All other permitted uses: Same as listed in Section 325-8,
District Regulations Chart.
Section 4. Chapter 325, Section 325-20 of the Municipal
Code of the City of Ithaca entitled "Off-Street Parking" is
hereby amended to add a new subsection to be known as subdivision
(-) (-) (-) to read as follows:
(1) Required off-street parking for residential uses in the
R-3a and R-3b zones, (Residential) and the B-2a and B-
2b zones, (Business) shall be increased from one space
for every three resident occupants to one space for
every two resident occupants in the areas designated
CPOZ on the map entitled "Collegetown Parking Overlay
Zone”, dated June, 2000, a copy of which is on file in
the Ithaca City Clerk's Office.
(2) The restrictions contained in this section shall not
apply to existing buildings within the designated
areas. Such existing buildings may be maintained and
repaired provided there is no increase in the number of
resident occupants. "Notwithstanding anything to the
contrary contained in this Code: in cases where the
number of resident occupants is increased, the parking
requirements of the Collegetown Parking Overlay Zone
shall be applied only to the additional resident
occupants.
September 6, 2000
6
18.3. An Ordinance to Amend the “CBD-140” Sub-District Boundary –
Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Spielholz
WHEREAS, it has been proposed that Article II, Section 325-5
"Zoning Map" of the City of Ithaca Zoning Ordinance be amended to
modify the boundary of the Sub-District known as "CBD-140," to
re-define boundaries for said Sub-District to include a portion
of the Seneca Street Parking Garage within the Sub-District "CBD-
85" as delineated on the attached map, and
WHEREAS, details of the proposed amendment have been circulated
to all appropriate boards, councils, departments and individuals
for their consideration and recommendations, now therefore be it
RESOLVED, That the proposed amendment to Article II, Section
325-5 "Zoning Map" of the City of Ithaca Zoning Ordinance to
modify the boundary of the Sub-District known as "CBD-140" to re-
define boundaries for said Sub-District to include a portion of
the Seneca Street Parking Garage within the Sub-District "CBD-85"
as delineated on the attached map, and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid amendment in the Common
Council Chambers, City Hall, 108 East Green Street, in the City
of Ithaca, New York, at 7:00 p.m. on Wednesday, October 4, 2000,
and be it further
RESOLVED, That the City Clerk shall 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. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board true and exact copies of the proposed
zoning ordinance for their reports thereon.
Carried Unanimously
The Zoning Ordinance Amendment to be considered shall be as
delineated on the attached map.
18.4 An Ordinance Amending Chapter 325 entitled "Zoning" of the
City of Ithaca Municipal Code, regarding Adult Use
Establishments--Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of an Ordinance amending Chapter 325
entitled “Zoning” of the City of Ithaca Municipal Code, regarding
Adult Use Establishments, in the Common Council Chambers, City
Hall, 108 East Green Street, in the City of Ithaca, New York, at
7:00 p.m. on Wednesday, October 4, 2000, and be it further
RESOLVED, That the City Clerk shall 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. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
September 6, 2000
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and Development Board true and exact copies of the proposed
zoning ordinance for their reports thereon.
Carried Unanimously
The proposed Ordinance reads as follows:
ORDINANCE 2000- _____
An Ordinance Amending Chapter 325 of the Code of the City of
Ithaca, entitled “Zoning” to provide for Adult Uses.
Section 1.
Section 325-3 shall be amended to delete the definition
entitled “Adult Entertainment Establishment” in its entirety.
Section 2.
There shall be a new section 325- __ added to Chapter 325 of
the Code of the City of Ithaca. The new section 325- __ shall be
entitled “Adult Uses” and read as follows:
A. Findings:
Based upon a comprehensive study of the adverse secondary
impacts of adult use establishments as documented in accordance
with the ruling of the U.S. Supreme Court in the matter of the
City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and
commissioned by the Department of Planning and Development of the
City of Ithaca, the City of Ithaca finds that:
1) There are adverse secondary impacts associated with the
establishment and operation of adult-oriented businesses within a
community;
2) Among these adverse secondary impacts are a deterioration
in the local quality of life, an adverse effect upon local
property values, an adverse effect upon local economic viability,
an imposition, whether intentional or unintentional, of exposure
to adult-oriented expression undesired by neighbors, pedestrians
and passersby, an increase in traffic, noise, litter and
nuisance, criminal and illicit sexual behavior, a threat to the
health and safety of children and young adults and an undermining
of the established sense of community;
3) These adverse secondary impacts of the establishment and
operation of adult-oriented businesses are a threat to the
general health, safety and economic viability of the community;
4) The unregulated establishment and operation of adult-
oriented businesses would lead to the wide-spread imposition of
adverse secondary impacts upon the residents, businesses,
economic viability, property values, and quality of life of the
City and would therefore be detrimental to the general health,
safety and economic viability of the community;
5) The United States Constitution, and the Constitution and
laws of the State of New York grant to the City of Ithaca the
powers, especially police powers, to enact reasonable legislation
and measures to regulate the location and operation of adult-
oriented businesses, hereinafter defined, in order to protect the
general health, safety and economic viability of the community.
B. Statement of Intent
September 6, 2000
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1) It is the express intent of the City of Ithaca in
adopting this ordinance to:
a) Ameliorate, mitigate, reduce or prevent the wide-
spread and unregulated imposition of the adverse secondary
impacts of adult-oriented businesses upon the residents,
businesses, economic viability, property values, quality of
life and general health, safety and welfare of the
community;
b) To protect the right of free expression, guaranteed
by the United States Constitution and the New York State
Constitution, as may be expressed and presented in the form
of goods and services offered by adult-oriented businesses.
2) It is not the intent of the City of Ithaca in adopting
this ordinance to:
a) Deny any person the right of free expression,
guaranteed by the United States Constitution and the New
York State Constitution, as may be expressed and presented
in the form of goods and services offered by adult-oriented
businesses; or
b) To impose upon any person any additional limitations
or restrictions upon the right of free expression,
guaranteed by the United States Constitution and the New
York State Constitution, as may be expressed and presented
in the form of goods and services offered by adult-oriented
businesses, beyond those granted to the City under the
United States Constitution, the New York State Constitution
and the laws of the State of New York regarding the time,
place and manner of that free expression. These
constitutionally protected rights are understood to include
the right to sell, distribute and exhibit the legal goods
and services offered by adult-oriented businesses; or
c) To impose upon any person any additional limitations
or restrictions upon the right to obtain, view or partake of
any communications guaranteed by the United States
Constitution and the New York State Constitution, as may be
expressed and presented in the form of goods and services
offered by adult-oriented businesses, beyond those granted
to the City under the U.S. Constitution, the New York State
Constitution and the laws of the State of New York regarding
the time, place and manner of that free expression; or
d) To estimate, decide, determine, resolve, consider,
conclude, judge or qualify in any manner or fashion the
quality or value of the content, nature, message, form,
format, appearance, substance or presentation of the free
expression guaranteed by the United States Constitution and
the New York State Constitution, as may be expressed and
presented in the form of goods and services offered by
adult-oriented businesses.
Aware that, according to numerous decisions by both Federal
courts and courts of the State of New York, the regulation of the
location of adult businesses must be based upon a finding of the
adverse secondary impact of these businesses upon the community
and must be directed solely toward the mitigation of these
impacts, not be directed toward any form of speech or expression,
be no broader than necessary and must provide alternative
locations within the City for adult use businesses, the City of
Ithaca hereby adopts this amendment to its City Zoning Law.
September 6, 2000
9
C. Definitions
1) Adult Use Business
For the purposes of this ordinance, an adult use
business shall be defined as any business which:
a) is the use of land, structure or location for an
"adult entertainment business" or as an "adult physical
contact establishment” as herein defined; or
b) is any use of land, structure or location which, by
the provisions of the Penal Law is required to restrict the
access thereto by minors; or
c) which is an establishment, location, building or
structure which features topless dancers, nude dancers or
strippers, male or female; or
d) which is a location, building or structure used
primarily for presenting, lending or selling motion picture
films, video cassettes, cable television or any other such
visual media, or used primarily for presenting, lending or
selling books, magazines, publications, photographs or any
other written materials distinguished or characterized by an
emphasis on matter depicting, describing or relating to
'specific sexual activities' or 'specific anatomical areas'
as defined below.
2) Adult Entertainment Businesses
Adult entertainment businesses, including adult book
stores, adult video stores, adult motion picture
theaters, adult mini-motion picture theaters, adult
cabarets, and adult drive-in theaters shall be defined
as follows:
a) an adult book store is defined as an
establishment having a substantial or significant
portion of its stock in trade books, magazines and
other periodicals which are distinguished or
characterized by their emphasis on matter depicting,
describing or relating to 'specific sexual activities'
or 'specific anatomical areas' as defined below.
b) an adult video store is defined as an
establishment having as a substantial or significant
portion of its stock in trade video films, video
cassettes or other films for sale or rental which are
distinguished or characterized by their emphasis on
matter depicting, describing or relating to 'specific
sexual activities' or 'specific anatomical areas' as
defined below.
c) an adult motion picture theater is defined as a
building with a capacity of fifty (50) persons or more
used for presenting material distinguished or
characterized by its emphasis on matter depicting,
describing or relating to 'specific sexual activities'
or 'specific anatomical areas' as defined below for the
observation of patrons therein;
d) an adult mini-motion picture theater is defined
as an enclosed building with a capacity of less than
fifty (50) used for presenting material distinguished
or characterized by its emphasis on matter depicting,
describing or relating to 'specific sexual activities'
or 'specific anatomical areas' as defined below for the
observation of patrons therein;
September 6, 2000
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e) an adult cabaret is defined as an establishment
which features live go-go dancers, exotic dancers,
strippers, male or female, male or female impersonators
or similar entertainers whose performances are
characterized by partial or full nudity;
f) an adult drive-in theater is a drive-in theater
utilized for the presentation of materials
distinguished or characterized by their emphasis on
matter depicting, describing or relating to 'specific
sexual activities' or 'specific anatomical areas' as
defined below for the observation of patrons therein;
3) Adult Physical Contact Establishment
An adult physical contact establishment is
defined as any establishment which offers or purports
to offer massage or other physical contact to patrons
of either gender by employees or staff of either
gender. Medical offices, offices of persons licensed or
authorized under the Education Law to practice massage
therapy, offices of persons licensed or otherwise
authorized by the Education Law as a physical therapist
or physical therapist assistant and electrolysis,
karate, judo and dance studios are not to be considered
adult physical contact establishments under this
section;
4) Specified sexual activities
a) human genitals in a state of sexual stimulation or
arousal; or
b) acts of human masturbation, sexual intercourse or
sodomy; or
c) fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breast.
5) Specified anatomical areas
a) less than completely and opaquely covered human
genitals, pubic region, buttock and female breast below
a point immediately above the top of the areola; or
b) human male genitals in a discernable turgid state,
even if completely or opaquely covered;
D. Location
1) “The use of the term adult uses below shall include adult
use business, adult entertainment, and adult physical
contact establishment. Adult Uses may not be located in any
zone except the following portions of the I-1 use districts
as more fully detailed on the official zoning map of the
City of Ithaca. The permitted adult use areas are
conveniently described herein solely for purposes of this
legislation.
a) The I-1 site bordered on the east by the railroad
property known as parcel numbers 525.-6-1 which borders on
New York State Routes 13 and 34, on the north and west by
parcel 16.-1-3 which is the site of the TCAT and Ithaca DPW
facilities, and on the south by parcels 16.-1-8, 16.-1-5.2
and 16.-1-5.1;
b) The area, generally known as the site of the
Tompkins County Recycling and Solid Waste Center, along
Commercial Avenue;
September 6, 2000
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c) The area bounded on the north by the northerly
border of parcel 78.-1-1.1, on the east by parcel 78.-1-2.2,
by Cherry Street on the west and by Cecil Malone Drive (the
former West Clinton Street) on the south;
d) The area bordered by Cherry Street on the west, by
Cecil Malone Drive on the north, by a line perpendicular to
the end of Cherry Street on the south and by the railroad
parcels known as 525.-6-1 on the east.
2) Adult Uses may not be located, when initially opened
as, or converted to, an adult use, within 350 feet of any
of the following:
a) The boundary of any residential zoning district.
b) Any property, including the exterior lot, used as a
licensed day-care facility.
c) Any structure, including the exterior lot, which has
tax exempt status as a religious or educational use.
d) Any waterfront, park or farmers' market.
e) Any gymnastic center, library or museum.
f) Within 200 feet of the boundary of any Marine
Commercial Districts.
E. Public View and Lighting
1) Lighting throughout an adult use establishment shall
be sufficient to
illuminate every place to which patrons are permitted access.
2) Any and all booths, cubicles, studios, studies and
rooms for the private viewing of adult motion pictures and/or
live performances or areas shall
a) be open to public view from the common area of
the establishment;
b) not have any doors, curtains, blinds or other
structures or devices that shall impede observation of
the entire area of such private viewing areas from the
common area of the establishment;
c) be well lighted and readily accessible at all
times and shall continuously be open to view.
F. Sale of Alcohol Prohibited
The sale and/or consumption of alcohol is prohibited
within the designated adult use zone.
G. Site Plan Review/Landscaping.
1) All adult use establishments shall be subject to
Chapter 272 entitled “Signs” of the Code of the City of Ithaca.
2) All adult use establishments, when initially opened
as, or converted to, an adult use shall be subject to Chapter 276
entitled “Site Plan Review” of the Code of the City of Ithaca and
shall be subject to appropriate landscaping as determined in the
site plan review process.
Section 3.
This Ordinance shall take effect immediately in accordance
with law upon publication of a notice as provided in the Ithaca
City Charter.
September 6, 2000
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Extensive Discussion followed on the floor regarding censorship,
freedom of speech, and differences between adult bookstores/video
stores versus stores with a small section of adult materials and
intent of the ordinance.
18.5 Community Development Strategic Plan Technical Assistance
Grant Application - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Manos
WHEREAS, the Governor’s Office for Small Cities (GOSC) recently
announced through their web page the availability of Community
Development Strategic Plan Technical Assistance Grants, and
WHEREAS, eligible applicants are units of general local
government eligible for the CDBG Small Cities Program in New York
State, and
WHEREAS, the GOSC intends to allocate $250,000 for the Community
Development Strategic Plan Technical Assistance Program, and
WHEREAS, the maximum award for a Community Development Strategic
Plan Technical Assistance Grant is $25,000, and
WHEREAS, communities seeking to develop a plan that will address
specific goals and objectives in a downtown/main street area are
encouraged to apply for grant funding, and
WHEREAS, the Ithaca Downtown Partnership (IDP) is interested in
seeking grant funding for a strategic plan to develop specific
implementation steps to achieve goals contained in the Downtown
Ithaca Development Strategy: 2000 to 2010, and
WHEREAS, the IDP has committed to provide the minimum match
requirement for the grant, and
WHEREAS, the Common Council recognizes the need to strengthen the
downtown through initiatives to implement goals contained in the
Downtown Ithaca Development Strategy: 2000 to 2010, now,
therefore, be it
RESOLVED, That the Common Council hereby authorizes the IURA to
submit a Community Development Strategic Plan Technical
Assistance grant application to the Governor’s Office for Small
Cities in an amount not to exceed $25,000, provided no future
cash contribution match pledge from the City is required, and be
it further,
RESOLVED, That the Mayor, upon the advice of the City Attorney
and the Executive Director of the IURA, is hereby authorized to
execute any and all documents for the submission of this
application and acceptance of funding, and be it further,
RESOLVED, That the Common Council hereby authorizes the IURA to
administer the grant if awarded and establish an agreement with
the Ithaca Downtown Partnership to implement the program in
accordance with applicable regulations, including, but not
limited to, Title 24, Section 570 of the Code of Federal
Regulations.
Carried Unanimously
September 6, 2000
13
20. BUDGET AND ADMINISTRATION COMMITTEE:
20.1 Fire Department – Budget Amendment Approval for Proceeds of
Sale of Fire Station #7
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the City will be receiving $68,000 in proceeds from the
sale of Fire Station #7, and
WHEREAS, the department is in need of various equipment to assist
with its program needs, and
WHEREAS, there are currently many unmet demands for additional
space, and there exists the probability that expansion of
existing programs or addition of new programs will add more
demands to the need for space, and
WHEREAS, Common Council has agreed that a portion of the funds
from the sale of Fire Station #7 can be used by the Fire
Department to assist in their space and equipment needs, and
WHEREAS, Common Council has agreed that future sale of property
proceeds shall be reviewed on a case-by-case basis to determine
the appropriate allocation of such funds; now, therefore be it
RESOLVED, That Common Council agrees that the disposition of
proceeds from the future sale of city property shall be reviewed
on a case-by-case basis, to determine the appropriate allocation
of such funds; now, therefore be it
RESOLVED, That this is subject to the approval of the Board of
Fire Commissioners.
RESOLVED, That the Fire Department short term fixes shall be
instituted wherever possible to utilize the space available as
efficiently as possible, including, but not limited to:
- sharing of space,
- consolidation and/or relocation of volunteer company
offices,
- first floor improvements as noted below;
and be it further
RESOLVED, That the Common Council hereby approves the list of
projects totaling $53,952 to utilize a portion of the funds from
the sale of Fire Station #7 to help address short term space,
equipment, and utilization improvements at Central Fire Station
as follows:
- purchase of 48 lockers to provide personal locker space
for personnel to replace current wardrobe system ($5,192)
- conversion of front enclosure to useable office space
($21,000)
- face mask acquisition ($15,000)
- corridor separation to facilitate operations and building
security ($4,260)
- awnings at rear to provide shelter for persons waiting
for after-hours entry into the building ($2,500)
- portable radio acquisition ($6,000)
and be it further
RESOLVED, That Common Council hereby amends the 2000 City Budget
to account for the proceeds of the sale of Fire Station #7 as
follows:
Increase Revenue Account:
September 6, 2000
14
A0001-2660 Sale of Property $68,000
Increase Appropriation Accounts:
A1990-5000 Unrestricted Contingency $14,048
A3410-5225-12050 Other Equipment 53,952
Extensive discussion followed on the floor regarding the
disposition of the proceeds from the sale of this property and
the precedent it would set for other departments.
Amending Resolution:
By Alderperson Hershey: Seconded by Alderperson Blumenthal
RESOLVED, That the fourth Whereas clause be amended to read as
follows:
“WHEREAS, Common Council has agreed to consider that a portion of
the funds from the sale of Fire Station #7 can be used by the
Fire Department to assist in their space and equipment needs,
and”
Ayes (8) Pryor, Sams, Blumenthal, Glasstetter, Vaughan
Spielholz, Taylor, Hershey
Nays (0)
Abstentions (1) Manos
Carried
Amending Resolution:
By Alderperson Taylor: Seconded by Alderperson Glasstetter
RESOLVED, That the fifth Whereas clause be changed to a Resolved
clause to read as follows:
“RESOLVED, That Common Council agrees that the disposition of
proceeds from the future sale of City property shall be subject
to approval by the Board of Fire Commissions on a case-by-case
basis to determine the appropriate allocation of such funds; now,
therefore be it”
Ayes (8) Pryor, Sams, Blumenthal, Glasstetter, Manos,
Spielholz, Taylor, Hershey
Nays (0)
Abstentions (1) Vaughan
Carried
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (6) Pryor, Sams, Glasstetter, Spielholz, Taylor
Vaughan
Nays (3) Hershey, Blumenthal, Manos
Abstentions (0)
Carried
September 6, 2000
15
20.2 City Chamberlain – Request to Waive Tax Penalty
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, Suzy Leveille, an out-of-state property owner, has
provided documentation showing that her City 2nd installment
taxes were not delivered on time because the bill was damaged in
post office equipment, and
WHEREAS, the City considers these special circumstances; now,
therefore, be it
RESOLVED, That the City Chamberlain is authorized to accept 2nd
installment taxes due on 510 University Avenue in the amount of
$664.69 without penalty.
Carried Unanimously
Alderperson Sams was absent
during the vote
20.3 DPW – Request to Amend Capital Project for Lake Source
Cooling Construction
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the Lake Source Cooling Project is now complete, and the
City has been billed by Cornell University for the City’s share
of the project in the amount of $535,778, and
WHEREAS, City staff has valued the City portion of the Lake
Source Cooling Project AT $2,000,000, and
WHEREAS, the City has paid $366,868, $195,000 for street work and
$171,868 for water and sewer work, of the $535,778 total project
cost, leaving a balance due of $168,910 in street construction
cost, and
WHEREAS, the City had previously authorized Capital Projects in
the amount of $200,000 for street work and $200,000 for water and
sewer work; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #371
Lake Street/University Road Construction by an amount not to
exceed $175,000 for a total project authorization of $375,000 for
the purposes of paying Cornell University said final Lake Source
Cooling Street Construction payment and applicable bonding costs,
and be it further
RESOLVED, That funds for said amendment shall be advanced from
Capital Reserve #17 Sewer Construction and later repaid by the
issuance of Serial Bonds.
Mayor Cohen stated, for the record, aside from the City paying
more, the university is paying twice what we are paying in
additional costs over and above what they had anticipated. So,
it’s a pretty fair deal.
Alderperson Spielholz added that it’s not for lake source cooling
but for the project that it directly benefits which is the road
work project. It is to rebuild Lake Street.
Ayes (6) Pryor, Blumenthal, Glasstetter, Manos,
Vaughan, Spielholz
Nays (1) Taylor
Abstentions (1) Hershey
Alderperson Sams absent during vote
Carried
20.4 DPW – Request to Amend Capital Project for Parking Facility
Security & Lighting
September 6, 2000
16
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the City has undertaken the design of lighting and
security improvements for the downtown garages and originally
created a Capital Project #296 in 1995, and amended in 1998,
which is currently funded at $250,000, and
WHEREAS, during the design work it was discovered that the
garages require emergency lighting which is difficult to do
because of the large areas and limited exit locations, and
WHEREAS, the city received one bid from Shisler Electric, Ithaca,
NY in the amount of $340,000 for the lighting and security
improvements, making the total project cost $415,000 if built as
designed, and
WHEREAS, there is a strong public desire to complete this project
in a timely manner, the design engineer indicates that the bid is
below the engineer’s estimate for the current design and the cost
changes are largely due to the requirement for emergency
lighting; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #296
Parking Garage Security and Lighting Improvements by an amount
not to exceed $165,000 for a total project cost of $415,000, and
be it further
RESOLVED, That the funds necessary for said amendment shall be
advanced from Capital Reserve #14 Parking Areas and later repaid
by the issuance of Serial Bonds.
Carried Unanimously
20.5 Controller – Request to Approve Civil Service Agreement for
the Year 2001
By Alderperson Vaughan: Seconded by Alderperson Manos
RESOLVED, That the Mayor and City Clerk be authorized and
directed to execute an agreement between the City of Ithaca and
the Ithaca City School District for performance of services by
the City in connection with Civil Service matters for the period
July 1, 2000 to June 30, 2001, in the amount of $35,570.00,
payable to the City of Ithaca on or before November 1, 2000.
Carried Unanimously
20.6 Acceptance Recreation Partnership Proposal – Resolution of
Acceptance
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, a designated group of elected officials and volunteers
from all participating municipalities and Tompkins County have
worked diligently for almost two years to produce a new
Recreation Partnership Proposal and,
WHEREAS, this proposal details the following important
consideration:
1) Providing for a wide variety of shared services
2) Equitably distributing the cost of programs
3) Allowing for the full participation in programs for all
children and families in the partnership communities
4) Describing a process for planning and decision making for
facilities and parks and
5) Acknowledging the importance of a timely facilities and parks
agreement, and
WHEREAS, the County, City, and other municipal attorneys will be
drawing up a formal agreement, now therefore be it
RESOLVED, That Common Council accepts the final proposal of the
Recreation Partnership, and be it further
September 6, 2000
17
RESOLVED, That Common Council directs the Mayor to send notice to
the Tompkins County Administrator by September 15, 2000 of
confirmation of the City’s intention to continue its involvement
in the partnership both as partner and provider as described in
the Recreation Partnership Proposal.
Carried Unanimously
Resolution to Enter into Executive Session to Discuss Possible
Property Acquisition
By: Alderperson Glasstetter, Seconded by: Alderperson Pryor
Carried Unanimously
Mayor Cohen stated that Common Council met in Executive Session;
no formal action was taken. He is going to put together a quick
resolution here
Mayor Cohen stated Debra do you want to come forward? Dominick,
we need you as well. You’ve been handed out an item in typically
Cafferillo font.
21. NEW BUSINESS:
Resolution – Chamberlain’s Office Request for Part-time Seasonal
Help:
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That a parttime/seasonal account clerk/typist position
shall be added to the Office of the Chamberlain, with a budget
line of A1317-5120, and be it further,
RESOLVED, That funding shall be derived from existing budget
lines.
City Chamberlain Parsons explained the reason for this request to
Common Council.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Glasstetter: Seconded by Alderperson Pryor
RESOLVED, That Common Council adjourn into Executive Session to
Discuss Possible Property Acquisition.
Carried Unanimously
REGULAR SESSION
Common Council reconvened into regular session with no action
taken.
Creation of Common Council Committee to Work with Ithaca
Neighborhood Housing Services to Identify Possible Properties for
Inclusion in their Rehabilitation Program - Resolution:
By Mayor Cohen: Seconded by Alderperson Hershey
RESOLVED, That Common Council forms a committee comprised of
Alderpersons Spielholz, Sams, Taylor, Farrell, and Mayor Cohen to
work with Ithaca Neighborhood Housing Services on identifying tax
foreclosure properties that might be eligible for inclusion in
INHS’s program, and be it further
RESOLVED, That the Common Council authorizes an amount not to
exceed $7,000 for the acquisition of tax lien properties that are
up for auction at the September 16, 2000 tax foreclosure auction,
and be it further
September 6, 2000
18
RESOLVED, That the determination of the suitability of purchase
of properties will be determined by the committee in conjunction
with Ithaca Neighborhood Housing Services.
Carried Unanimously
Approval of Funding for End of Construction Celebration for Linn
Street Residents - Resolution:
By Alderperson Hershey: Seconded by Alderperson Taylor
RESOLVED, That Common Council hereby approves an allocation of no
more that $300.00 from the already established neighborhood
improvement fund for an end of construction celebration for the
Linn Street Community.
Discussion followed on the floor regarding the request and how
the construction affected the Linn Street neighborhood.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:40 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor