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HomeMy WebLinkAboutMN-C&OI-2008-03-12Community and Organizational Issues Committee Regular Meeting March 12, 2008 7:30 p.m. PRESENT: Chair J. R. Clairborne Alderpersons (8) Dan Cogan (Vice Chair), Robin Korherr, Svante Myrick, Joel Zumoff, Mary Tomlan, Jennifer Dotson, Eric Rosario, Nancy Schuler OTHERS PRESENT: Mayor — Carolyn K. Peterson City Attorney — Daniel Hoffman City Clerk — Julie Conley Holcomb EXCUSED: Alderperson Coles PUBLIC COMMENT: Matthew Peterson, Titus Gallery, voiced his opposition to a proposed general prohibition of smoking on the Commons; however he noted that he would support a site specific prohibition. Lou Cassaniti, downtown mobile vendor, voiced his support for legislation to ban smoking on the Commons. He noted that he is sponsoring a fundraiser on the Commons to support the SPCA and he would like that to be a smoke -free event. ANNOUNCEMENTS AND REPORTS FROM COMMITTEE MEMBERS: Chair Clairborne further announced that the Common Council Orientation Program would be conducted on March 18 and March 25, 2008 from 5:30 pm — 9:00 pm. He noted that the intent was to have all members of Common Council participate in the training. 6. COMMITTEE MEETING SCHEDULE: Chair Clairborne announced that the regular Community and Organizational Issues Committee meeting would be held on the 3d Tuesday of each month at 7:30 p.m. The next meeting is scheduled for April 15, 2008. 7. PRESENTATION: A. Chamber of Commerce Conversations on Class and Race Executive Director of the Tompkins County Chamber of Commerce Jean McPheeters reported to the Committee on the recent actions taken by the Chamber to address issues of class and race. At the January 7, 2008 Chamber of Commerce meeting, 120 attendees representing 70 businesses and organizations met to begin a dialog about race and class issues. Approximately 25 people have volunteered to continue the work and have organized four sub - committees that will focus on sustained dialog, benchmarking best practices, training, and community values. The Cayuga Radio Group has donated $50,000 worth of air time (3,000 30- second messages) to aid in the continuation of the discussion of these issues. The History Center has developed a series of four community meetings. The Workforce Investment Board has donated $6,000 toward training. Upcoming training courses include: Diversity Recruitment & Retention and Inclusion in your Business Workforce. March 12, 2008 Alderperson Korherr remarked how impressive the Chamber members' efforts have been. She stated that merging public and private sectors in the discussion of this global issue is critical. Chair Clairborne asked if the Chamber would consider making quarterly reports on their progress to the Committee. Executive Director McPheeters responded that they would be pleased to do so. Alderperson Rosario noted that the Chamber of Commerce also provided transportation to both of the community forums hosted by the U.S. Department of Justice. He reported that the 2nd forum was well attended and that there were comments and suggestions made about how to develop an action plan. A highlight of the evening were comments made by Ithaca High School Student Cameron Younger and the work that the Youth Bureau Advisory Board is doing on this issue. 8. DISCUSSION: A. Teen Leadership Presentation, Ithaca Youth Bureau Advisory Board Stel Walton Whitehead, Youth Bureau Advisory Board, reported to the Committee on the following issues: As part of the Ithaca Youth Bureau's 601h Anniversary Celebration the Youth Bureau will be hosting a Bowl -a -thon on April 26, 2008. They are also encouraging the community to participate in the "60 Miles for 60 Years" walking challenge that will take place from April 21, 2008 through June 23, 2008. Ms. Walton Whitehead thanked the City for their support of the community forums focused on equity issues and stated that she is grateful for the sustained conversation. She further reported on the "Undoing Racism" forum that was recently hosted by GIAC and asserted her belief that the community can move this issue forward. Ms. Walton Whitehead introduced Cameron Younger, Ithaca High School sophomore and Youth member of the Youth Bureau Advisory Board, Ashely Martinez, Lehman Alternative School, and Jen Gluck, Youth Advisor. Mr. Younger reported on the Youth Leadership Forum that 5 youth from Ithaca recently attended in Albany. The Youth Leadership Forum is part of the New York Association of Youth Bureaus and the intent is to bring teen leaders together to network and share ideas. While attending the Forum, the group was able to attend a Legislative breakfast and meet with Assemblywoman Barbara Lifton to request a $21,000 grant to purchase a van for the College Discovery Program (to make a total of 2 vans). Mr. Younger explained that the College Discovery Program serves 5th and 6th grade students that live in a wide geographical area. It currently takes 90 minutes to get the kids home at the end of their after school programs. Assemblywoman Lifton stated that she would submit this in the 2009 budget. Mayor Peterson asked Mr. Younger if he had noticed any changes or improvements as a result of the students working with Mr. Rivera and the U.S. Department of Justice. Mr. Younger responded that he feels the biggest issue is lack of communication. Chair Clairborne stated that he liked the idea of creating a Youth Council to harness the leadership and energy of the area's youth. Karen Friedeborne, Ithaca Youth Bureau, noted that the City ran a Youth Council in 1986 and the group made a video on racism. K March 12, 2008 Alderperson Schuler noted all of the wonderful programming that is currently being produced by local youth such as Rock the Arts, Orange Tree Theater, the Skate Park development and improvement initiatives and the former Youth Court. Alderperson Myrick stated that he would be very excited to work on the development of a Youth Council. He stated that he has been working with the Youth Bureau for years and has seen the benefits of youth empowerment. B. Smoke -free Zone Legislation Mr. Ted Shiele, Tompkins County Health Department provided background information about the Smoke -free Zone initiative and explained the risks of second hand smoke and the burden on health care systems to treat tobacco related diseases. Alderperson Korherr explained that the original proposal was separated into two separate actions: establishing tobacco free zones around the entrances to public buildings and requesting that local businesses change the way they advertise tobacco products. City Attorney Hoffman reviewed a memorandum that was issued by him to members of Common Council in December, 2007 explaining that there was no case law that regulates outdoor smoking. He stated that the prudent course would be to regulate smoking in areas where there is an easily identifiable public health risk. Discussion followed on the floor regarding role modeling behaviors for children and changing the social norms. Alderperson Myrick noted that the Motion Picture Association has recently decided to add depictions of glamorous use of tobacco on their notification screens. Alderperson Cogan stated that he would be interested in receiving sample legislation regarding smoking bans on playgrounds and reviewing suggestions regarding restricting smoking on the Commons after a public comment session. Mayor Peterson noted that the Downtown Ithaca Alliance seemed to approve of restricting smoking in the outdoor dining areas, playground, pavilions, and during festivals when there are large crowds of people. Alderperson Korherr suggested that city parks including the golf course be added to the list. Alderperson Schuler questioned how enforcement would be handled. Mr. Schiele responded that these areas would be peer enforced. Discussion followed on the floor regarding what the next steps should be. The City Attorney was asked to draft legislation that could be shared with the Downtown Ithaca Alliance, Chamber of Commerce and the Parks Commission for review and comment. In addition, a public comment session should be scheduled so the public would have an opportunity to speak on this topic. Alderperson Dotson questioned why daycare centers, schools, transit stops and parking garages were excluded from the list. City Attorney Hoffman stated that he could develop a checklist for the Committee to review at the April 15, 2008 meeting and decide which options should be included before the legislation is drafted. 41 March 12, 2008 Chair Clairborne asked that Committee members discuss this issue with the committees they are liaisons for to see if it would impact them. 9. Old Business: A. Proposed Memorandum of Understanding of University Avenue Issues City Attorney Daniel Hoffman, Cornell Counsel Shirley Egan, and Board of Public Works Commissioner Ray Schlather joined the Committee for the discussion of this item. City Attorney Hoffman offered a brief history of the issue. He stated that the proposed Memorandum of Understanding (MOU) is intended to resolve many years of debate and confusion regarding the ownership of the portion of University Avenue that runs through the Cornell campus between the Thurston / East Avenue intersection and a point between the Johnson Art Museum and West Avenue. The concept is that the City would discontinue that identified portion of University Avenue as a city street and release its right -of -way interest to Cornell in exchange for Cornell's contractual commitment to repair and reconstruct, maintain, and ensure continued use of the public thoroughfare for that portion of the road. He further noted that the idea is to get this information out to the public and conduct a public hearing. After feedback from the community is received the agreement would be finalized and voted on by the Board of Public Works and Common Council. Common Council should also declare itself Lead Agency for the purpose of environmental review. Alderperson Rosario disclosed that he is an employee of the Cornell Alumni Affairs and Development Division so he will recuse himself from the discussion and the vote. He stated that no conflict of interest exists; however, the public may have a perceived notion of bias. Board of Public Works Commissioner Schlather reported that the Board gave itself "Power to Act" to continue the discussion of University Avenue as no vote has been taken. He noted that a member of the public attended the meeting and stated that there hadn't been enough public notice given about this topic. Mayor Peterson noted that the majority of the Board of Public Works is prepared to vote on this issue; however, they agreed to table the vote until their April 2, 2008 meeting so that all members could be present. She stated that this solution has the potential to resolve issues that have been on -going for more than 25 years. Objections raised at the Board of Public Works meeting include: 1.) Not all agenda items were made available on the city's website 2.) Fall Creek Recreational Area — a Recreation Management Plan was never created for the City 3.) The boundary of the impacted area is not clearly defined 4.) Air rights, road width, and bus shelter location issues have not been addressed Alderperson Korherr stated that she would support tabling this issue for a month in order for the Board of Public Works to continue their work. Mayor Peterson stated that she was opposed to tabling the issue as there is a lot of information that needs to be discussed. EI March 12, 2008 City Attorney Hoffman stated that the Board of Public Works has spent a lot of time listening to all of the complexities of this issue. He further noted that the offer from Cornell University to pay for 100% of the costs of road rehabilitation will not remain on the table indefinitely. If the offer is rescinded, the discussions will go back to the beginning to try to ascertain who is responsible for making the needed repairs. City Attorney Hoffman further stated that the recreational river issue does not have to be connected to the Memorandum of Understanding. The City does have to develop a recreational management plan; however, it can be separate from this action. Alderperson Cogan stated that he is comfortable moving forward with the MOU as it commits both parties to a process that includes extensive public comment. Alderperson Tomlan stated that she is not prepared to vote on anything tonight and questioned why the MOU was necessary for public comment. City Attorney Hoffman clarified that the MOU is not necessary to collect public comment; however, it is a means to set forth the City's intention in writing. Cornell Counsel Shirley Egan noted that this issue has been debated for 28 years and the University has a strong interest in having the road look nice and be maintained in a safe manner. She further noted that Cornell has changed its position from agreeing to pay for half of the cost of repairs to paying the full cost of repairs due to the amount of time that negotiations have taken. She stressed that this is a limited time offer however and will not be on the bargaining table for long as University Avenue is a city street and therefore the responsibility of the City. Ms. Egan clarified that the Committee is only being asked to endorse the Memorandum of Understanding at this time and that there will be plenty of time to work out the details of the actual agreement. Alderperson Korherr stated that she needed to leave the meeting; however, she feels that this approach is a win /win solution. She left the meeting at 10:05 pm. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA AND CORNELL UNIVERSITY REGARDING A PORTION OF UNIVERSITY AVENUE By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, New York's General City Law, Section 20(7), grants to cities the authority "to lay out, establish, construct, maintain, operate, alter and discontinue streets;" and WHEREAS, the Charter of the City of Ithaca (in Section C -71) grants to the City's Board of Public Works the authority to "lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, bridges and crosswalks," and (in Section C -61), provides that the Board shall "have control" of the City department pertaining to "Streets and Sidewalks" and its property, albeit "subject to the limitations herein contained and the direction and review of the Common Council." WHEREAS, a certain public street or highway, known as University Avenue, is contained within the boundaries of the City and runs, in part, through or past lands owned by Cornell University; and WHEREAS, representatives of the City and Cornell have been engaged in discussions from time to time for many years without reaching a definitive conclusion about the nature and extent '61 March 12, 2008 of the public right -of -way over University Avenue, as well as the responsibility for proper upkeep of the street (which is now in need of substantial reconstruction and improvement); and WHEREAS, as a means of resolving this situation, Cornell has offered to assume sole responsibility for rebuilding that portion of University Avenue between the Thurston Avenue /East Avenue /Forest Home Drive intersection and the intersection of University Avenue with the westerly boundary line of Chi Psi Fraternity, to mutually acceptable standards, and to keep the street open permanently, for use by the public, in exchange for the City's discontinuance of that portion of the street as a public street and conveyance of its property interest therein to Cornell; and WHEREAS, the parties acknowledge that it would be in the interest of the public health, safety and welfare to resolve the parties' on -going discussion about University Avenue, to have the condition of the above - referenced portion of University Avenue improved, to have a bicycle lane added to the upgraded portion of University Avenue where space permits, and to facilitate the provision of certain other enhancements to the improved portion of University Avenue; and WHEREAS, it appears that the proposed discontinuance of a portion of University Avenue as a City street, together with the proposed Agreement between the City and Cornell University regarding the reconstruction of the street, its future maintenance, and the right of the public to continue to use it, are matters that should properly require the review and approval of both the Board of Public Works and the Common Council; now therefore be it RESOLVED, that, subject to the concurrence of the Board of Public Works and upon the advice of the City Attorney, the Mayor be and hereby is authorized and directed to enter into a Memorandum of Understanding between the City of Ithaca and Cornell University, substantively as follows, and to schedule the public informational meeting and public hearing called for therein: ( 2/28/08) Proposed MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ITHACA AND CORNELL UNIVERSITY REGARDING A PORTION OF UNIVERSITY AVENUE THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made the day of , 2008, by and between the City of Ithaca, a New York municipal corporation, with offices at City Hall, 108 East Green Street, Ithaca, New York, 14850 (hereinafter, "City ") and Cornell University, a New York education corporation, with offices at 317 Day Hall, East Avenue, Cornell University, Ithaca, New York, 14853 (hereinafter, "Cornell "); INTENTION: It is the intention of the parties to this MOU, namely, the City of Ithaca, New York and Cornell University, to find a timely, mutually acceptable solution to the long- standing issues posed by a portion of University Avenue that runs through the Cornell campus. The portion is described as running between the Thurston Avenue /East Avenue /Forest Home Drive intersection and the intersection of University Avenue with the westerly boundary line of Chi Psi Fraternity. Toward that end, the parties intend to explore an approach by which the City would convey its property interest in that portion of University Avenue to Cornell, in exchange for the University's formal agreement to repair or rebuild the road to mutually acceptable standards, at the University's sole cost, and to maintain it, permanently to agreed -upon, general standards, as a thoroughfare generally open to use by the public. The parties' goal is for University Avenue to Al March 12, 2008 be a safe, solid and attractive link in the community's transportation infrastructure, meeting the needs of both Cornell and the City and relieving taxpayers of a significant financial responsibility. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Within four (4) weeks of the execution of this MOU, the City will initiate and then carry out with dispatch the process that is statutorily required in order for the City to be able to make a decision on the proposed discontinuance of a portion of University Avenue - between East Avenue and the point (below Central Avenue) where the property of the Chi Psi fraternity begins - as a City street. Such discontinuance would consist of conveying the City's property interest in that portion of the street to Cornell, subject to the conditions and agreement described below. 2. The process of considering discontinuance will include: a. Consideration of a proposed, binding agreement between the parties, including the points set forth below (in paragraphs 3 and 4); b. One or more public information meetings and a public hearing, convened by the City, prior to a final City decision on discontinuance; c. Environmental review of the proposed discontinuance and agreement; d. Solicitation of the advice of the City's Planning and Development Board on the matter; e. Votes by the Board of Public Works and Common Council on the proposed discontinuance itself, and its conditions (as set forth in the agreement). 3. Prior to any public presentation of the details of the proposed discontinuance, the parties will establish proposed, minimum parameters for the rebuilt street, which Cornell would agree to meet and maintain, including but not necessarily limited to: a. The minimum unimpeded height of the travel corridor; b. The number and width of travel lanes; c. The addition of an uphill bicycle lane; d. Associated curbing and sidewalk; e. Associated curb lawn(s), if feasible; f. Associated lighting. 4. The proposed, written agreement between the City and Cornell (an initial draft of which is appended hereto, for discussion purposes — note: this agreement would not be voted on until after the public meetings; an initial draft of it will be made available at or before the BPW meeting on March 5 and in advance of the Community and Oganizational Issues Committee meeting on March 12) will also provide for the following: A. City to convey its property interest in the subject portion of University Avenue to Cornell, subject to a permanent right to be retained by City for all existing and future reasonable underground utilities; B. Cornell, at its sole cost, to design and implement a comprehensive repair /rebuilding of the said portion of University Avenue, to standards at least as rigorous as those met by other, typical University -owned streets on campus, except for repairs or upgrades to City utilities associated with the roadway that are not necessitated by the work, the cost of which shall be the responsibility of the City; C. Cornell to comply with all applicable requirements with respect to the design and implementation of the rebuilding of University Avenue, including but not limited to, obtaining Site Plan Approval, and meeting the design requirements rA March 12, 2008 of the Americans With Disabilities Act (ADA) concerning curb cuts, crosswalks, and sidewalks, recognizing that the campus as a whole is subject to the ADA and that Cornell maintains a large ADA - compliant network that facilitates accessibility and campus compliance when unavoidable steep grades and other site constraints are present at individual locations. D. Cornell, at its sole cost, to maintain the street and sidewalks to standards at least as rigorous as those met by other, typical University -owned streets and sidewalks on campus; E. Cornell to retain and use the name "University Avenue" for the street; F. Upon proper prior notice (except in the case of an emergency or other short - term exigency when it is not feasible to give advance notice) and with provisions for reasonable emergency vehicle access (which may be suitable alternative access), Cornell to be entitled to close this portion of University Avenue temporarily: (i) As required for adjacent construction, or for street repairs or reconstruction, Cornell to take reasonable steps to minimize the time period of any complete closure; and (ii) for special campus events; G. Cornell to be entitled to establish traffic controls for the portion of University Avenue in question consistent with the same authority and requirements that Cornell is subject to for the establishment of controls over other campus roads; H. Cornell to keep the street open permanently for public travel, subject to Paragraphs 45 and 4.G, above; I. The parties will choose, describe and utilize a dispute resolution mechanism intended to address disagreements regarding compliance with the terms of the agreement, in a fair and timely manner; J. Cornell will enter into a legally- binding agreement embodying all the covenants and conditions agreed upon with respect to University Avenue, and either party may record such agreement in the Tompkins County Clerk's office; 5. It is intended that, following the completion of the steps listed in Paragraphs 2, 3, and 4, above, the Board of Public Works and Common Council will vote on the proposed discontinuance and the accompanying agreement, by July 2008. 6. Separate from the discontinuation process involving University Avenue, but with a similar intention, the parties will engage in a good faith attempt to resolve the future status of the portion of Forest Home Drive within the City. 7. Also separate from the discontinuance process involving University Avenue, the parties recognize that certain work and amenities associated with or proximate to University Avenue may be desirable. For instance, pedestrian facilities including the possibility of moving a portion of University Avenue (including the sidewalk on its north side) further north in the area behind the east end of Tjaden Hall and west end of Sibley Hall, off - street parking facilities, slope stabilization, storm water management and erosion control improvements, gorge paths and steps, may be facilitated by clarifying the status and other matters relating to the Fall Creek Recreational River. Accordingly, the City will take timely steps (i) to determine exactly where the southerly boundary of the Recreational River designation is in this area and (ii) to adopt a Recreational River Management Plan as required of the City by the New York State Environmental Conservation Law and associated regulations for Wild, Scenic, and Recreational Rivers. Neither matter is a pre- requisite to the steps described above or to any decision to discontinue University Avenue. �V March 12, 2008 Alderperson Schuler stated that she would prefer to wait one month as she would like the Board of Public Works to vote on this issue first. She stated that she wasn't sure why a MOU is needed and voiced her concern about air rights. Alderperson Dotson stated that the MOU doesn't address specific issues such as air rights and width. She further noted that the Committee has the ability to defer this action to the April 15, 2008 Community and Organizational Issues Committee or directly to Common Council. Mayor Peterson noted that the Board of Public Works will meet prior to the Common Council meeting so if changes are made at the Board level they will be brought to the Council meeting. The Board can't vote sooner due to accommodations of Commissioner Schlather's and City Attorney Hoffman's schedules. Chair Clairborne questioned what the effect of a one month delay would be. He asked if the July deadline could still be met. Ms. Egan stated that she was not sure how the Senior Management of Cornell would respond; however, the community historically does not like to discuss issues of importance during the summer months when people are away. Mayor Peterson stated that she could call Special Common Council meetings to keep the time line on track. She stated that she believes this is a unique opportunity as that street is difficult to maintain. Chair Clairborne asked how likely it was that this item would come back to the Committee. He clarified that the issue regarding air rights was the fact that Cornell University owns the air rights and the land underneath the road. BPW Commissioner Schlather stated that he clearly disagrees with the whole argument regarding who owns what, and how. He noted that Cornell has made a very generous offer, but that this issue is more about policy and whether the City's streets are for sale. He further stated that the proposed legal agreement states that the City would have 15' high air rights, which excludes cranes, dump trucks, and potentially vehicles of the future. City Attorney Hoffman stated that he wrote a legal opinion regarding the City's rights to University Avenue. He believes that Cornell University owns the underlying title to the land. The City has a well established public right -of -way, however there is nothing in writing. The City has established the right by law but it is limited to what is actually used. Main Motion A vote on the Main Motion resulted as follows: Ayes (4) Zumoff, Dotson, Myrick, Cogan Nays (3) Schuler, Tomlan, Clairborne Abstention (1) Rosario Failed (4 -3 -1) Alderperson Korherr absent from vote Alderperson Coles excused from meeting Mayor Peterson requested that due to the absences from the meeting, this item return to the April 15, 2008 Community & Organizational Issues Committee for reconsideration in conjunction 041 March 12, 2008 with a Special Common Council meeting being called for the same night. This item will not be forwarded to the April 2, 2008 Common Council agenda. 10. New Business: Motion to Enter into Executive Session to discuss a Real Estate Transaction and a Public Safety Matter By Alderperson Dotson: Seconded to Alderperson Schuler RESOLVED, That the Committee enter into Executive Session to discuss a Real Estate Transaction, and a Matter that if Disclosed would Imperil Public Safety. Carried Unanimously Reconvene: The Committee reconvened into Regular Session with no items brought forth. ADJOURNMENT: On a motion the meeting adjourned at 11:40 p.m. Julie Conley Holcomb City Clerk [K J. R. Clairborne Chair