HomeMy WebLinkAboutMN-C&OI-2008-04-15Community and Organizational Issues Committee Proceedings
Regular Meeting 7:00 p.m. April 15, 2008
PRESENT:
Chair J. R. Clairborne
Alderpersons (7) Vice Chair Dan Cogan, Svante Myrick, Joel Zumoff, Mary Tomlan,
Jennifer Dotson, Eric Rosario, Nancy Schuler
OTHERS PRESENT:
Mayor — Carolyn Peterson
City Clerk — Julie Conley Holcomb
City Attorney — Daniel Hoffman
EXCUSED:
Alderpersons (2) Maria Coles, Robin Korherr
MODIFICATIONS TO THE AGENDA:
Chair Clairborne stated that the smoke -free legislation would be withdrawn from the
agenda and would be placed on the May 20, 2008 meeting agenda.
SPECIAL ORDER OF BUSINESS:
University Avenue Memorandum of Understanding:
Public Comment (Limited to topic of University Avenue only)
Ms. Shirley K. Egan, Cornell Corporate Counsel, addressed the Committee in support of
Common Council approval of the Memorandum of Understanding. She explained that if
the Resolution is approved, an orderly and efficient process would be established;
public information sessions would be scheduled; the final agreement could be drafted;
and Cornell would assume the responsibility to re -build and maintain University Avenue
permanently.
Approval of Memorandum of Understanding Between the City of Ithaca and
Cornell University Regarding a Portion of University Avenue - Resolution
Alderperson Rosario stated that he would recuse himself from the discussion on this
issue and would be abstaining from the vote. He disclosed that he is an employee of
the Cornell University Alumni Affairs and Development Division. He explained that
although there is no pecuniary benefit, there may be a public perception that a vote on
this issue could impact the advancement of his career. He noted that he would like to
put that perception to rest, so he will not participate in this issue.
Resolution:
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
April 15, 2008
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;" and
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 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; and
WHEREAS, on April 9, 2008, the Board of Public Works (by a vote of 5 -0, with one
member absent) endorsed the proposed Memorandum of Understanding (in the form
set forth below) "as a means of bringing a specific, proposed arrangement regarding a
portion of University Avenue before the public and for consideration and timely decision -
making thereon by both the Board and the Common Council;" now therefore be it
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April 15, 2008
RESOLVED, That, 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.
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 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 contractual 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;
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April 15, 2008
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.
g. An associated bus shelter, which Cornell would agree to allow TCAT to
maintain in the vicinity, for as long as TCAT (or its successor) wanted it to be
so maintained.
4. The proposed, written, contractual agreement between the City and Cornell (an initial
draft of which is appended hereto, for discussion purposes) 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 (and for any
above - ground utility involving a future, new technology that is then in
use in an above - ground form along other Cornell streets);
B. Cornell to design and implement a comprehensive repair /rebuilding of
the said portion of University Avenue, by a fixed date to be specified by
the parties, to standards at least as rigorous as those met by other,
typical University -owned streets on campus, all at Cornell's sole cost
(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 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;
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April 15, 2008
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 (but not including
access - control gates or other such barriers) 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 generally unrestricted
public travel, subject to Paragraphs 4.F and 4.G, above;
I. The parties will choose, describe and utilize a dispute resolution
mechanism intended to address minor, operation - related
disagreements regarding compliance with the terms of the agreement,
in a fair and timely manner. With respect to any major dispute or
disagreement concerning an essential term or condition of the parties'
agreement (e.g., the obligation to reconstruct the road or to keep it
open for generally unrestricted public travel), either party shall have the
right to bring an action in a court of law with appropriate jurisdiction;
J. The parties' agreement will contain mutual indemnification and hold
harmless provisions regarding claims, actions, lawsuits, judgments, or
damages brought or awarded (collectively "claims ") against the
indemnified party for liability for negligence during the time the road
was owned, controlled by, or under the jurisdiction of the indemnifying
party, providing timely notice of such a claim, opportunity to control the
defense, and cooperation of the indemnified, is given; any such
indemnification and hold harmless provisions will not affect Cornell's
liability for any negligent maintenance of the sidewalk or for any failure
to make interim repairs (after discontinuance) that may be required by
the agreement;
K. Cornell will enter into a legally- binding agreement, binding upon any
successor to Cornell and 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, or as soon thereafter
as possible.
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April 15, 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.
[SIGNATURES for Cornell and City]
Proposed
DRAFT (for the purpose of public discussion)
4/10/08
NOTE: This initial draft is intended only to illustrate the starting point for the possible
terms of a contractual arrangement between the City and Cornell. It is anticipated that
the content and form may evolve as a result of further consideration, discussion and
negotiation, and comment by the public and interested agencies. The referenced
exhibits do not yet exist.
DRAFT
CONTRACTUAL AGREEMENT
BETWEEN CORNELL UNIVERSITY AND CITY OF ITHACA
CONCERNING A PORTION OF UNIVERSITY AVENUE
THIS AGREEMENT, made this 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 the "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 "),
WITNESSETH THAT:
WHEREAS, the parties entered into a certain Memorandum of Understanding Between
the City of Ithaca and Cornell University Regarding A Portion of University Avenue (the
"MOU ") on April , 2008, a copy of which is attached hereto at Exhibit A for
reference; and
WHEREAS, as more fully set forth in the MOU, for many years the parties have
discussed the legal status and physical condition of a certain portion of University
Avenue in the City of Ithaca (which portion is located between the intersection of
University Avenue with Thurston Avenue /East Avenue /Forest Home Drive and its
intersection with the westerly boundary of the property of the Chi Psi fraternity, and
which is more fully shown or described in Exhibit B hereto) that runs through the
campus of Cornell (hereinafter the "Portion" or "Portion of University Avenue "),
culminating with an offer by Cornell to assume sole responsibility for its rebuilding and
on -going maintenance and to keep it open permanently to members of the public for
purposes of travel, in exchange for the City's discontinuance of the Portion as a City
street and conveyance of its remaining property interest therein, if any, to Cornell; and
April 15, 2008
WHEREAS, pursuant to the authority granted by the Charter of the City of Ithaca (in
Section C -71) to "lay out, alter, discontinue, regulate, straighten, widen, pave, curb,
clean and sprinkle the streets, highways, bridges and crosswalks," which is consistent
with the authority granted to cities "to lay out, establish, construct, maintain, operate,
alter and discontinue streets," as set forth in New York's General City Law, Section
20(7), the City's Board of Public Works ( "BPW "), following a duly- noticed public hearing
and solicitation of comment from the City's Planning and Economic Development Board,
did on June 2008, by Resolution entitled,
(a copy of which is attached hereto
at Exhibit C for reference), vote to discontinue the Portion of University Avenue as a
City street; and
WHEREAS, the Common Council of the City did on July 2008, by Resolution
entitled, (a copy of
which is attached hereto at Exhibit D for reference), signify its review of and assent to
the said resolution by the BPW to discontinue the Portion of University Avenue, and
authorized the Mayor to execute a quit claim or other deed to Cornell, of the City's
property rights remaining after discontinuance (reserving nonetheless a right -of -way for
City -owned utilities, as described below), and to enter into this Contractual Agreement
on behalf of the City; and
WHEREAS, the Common Council, acting as Lead Agency, has complied with the
requirements of the City's Environmental Quality Review Ordinance (section 176 -1, et
seq.) and the New York State Environmental Quality Review Act and regulations, with
respect to the discontinuance and the execution of this Agreement by the City (and of
any associated documents required, including but not limited to the quit claim or other
deed, with reservation of right -of -way for public underground utilities); and
WHEREAS, the parties acknowledge and agree that it is in the interest of the public
health, safety and welfare to have the Portion of University Avenue reconstructed and
repaired together with the addition of certain amenities hereinafter described, to have it
maintained henceforth at private expense, to have it continue as an important link in the
community's transportation network in much the same way that many other private
roads on the Cornell campus add links to the network, and to secure for members of the
public the permanent ability generally to use it for travel purposes;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties hereby agree as follows:
1. The City agrees to convey to Cornell all of the City's property interests, of
whatever nature and type, in and to the discontinued Portion of University Avenue, by
quit claim or other deed, nonetheless reserving to the City a permanent right -of -way for
all the City's existing underground utilities associated therewith, together with the right
to maintain, repair, and upgrade such utilities at the City's sole cost, and reasonably to
add additional underground public utilities in the future (as well as above - ground
utilities that involve a future, new technology that is then in use in an above - ground form
along other Cornell streets), with the same right to maintain, repair, and upgrade them.
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April 15, 2008
The conveyance, by quitclaim or other deed, shall be executed, together with
associated documents required for filing purposes, within 60 days of the execution of
this Agreement, and recorded in the Office of the Tompkins County Clerk. The parties
acknowledge that the conveyance is made for no consideration other than the
contractual obligations assumed hereunder by Cornell.
2. Cornell, at its sole cost, agrees to design and implement the
comprehensive stabilization, reconstruction and repair of the Portion of University
Avenue (the "Project "), to standards at least as high as those met by other, typical
Cornell -owned streets on its campus that serve a similar, average daily traffic demand
(approximately 8,000 vehicles per day as of 2001). At its sole cost (but only if
necessary), Cornell shall relocate any City -owned underground utilities in the rebuilt
Portion of University Avenue. Cornell shall provide plans and specifications for such
relocation to the City Engineer in advance, for review and approval, which approval
shall not be unreasonably withheld or delayed. Cornell shall allow the City, if it so
elects, to upgrade such utilities at the City's own expense at the time of the Project. The
parties agree to share plans and information so that any such repairs or upgrades by
the City may be coordinated, and the work of both parties completed, in a cooperative,
efficient and timely manner.
3. Cornell shall complete implementation of the Project on or before
December 1, 2013, subject to obtaining necessary approvals of the Project and
completion of planned Cornell building projects adjacent to the Project area. In the
event that Cornell encounters delays due to unforeseen circumstances, it may request
an extension from the City, which request shall not be unreasonably denied. In the
event that, prior to commencement of the afore - mentioned reconstruction, the Portion of
University Avenue requires temporary repairs or maintenance (such as patching holes
or defects in the pavement), in order to ensure reasonable public safety or to maintain
general consistency with the standards applicable to and in use for other Cornell -owned
streets on its campus that are subject to similar traffic demands, then in that case
Cornell shall undertake such temporary repairs or maintenance in a timely fashion and
at Cornell's sole cost.
4. Cornell shall comply with all applicable legal requirements with respect to
the design and implementation of the Project, including but not limited to obtaining
approval pursuant to the City's Site Development Plan Review Ordinance. Cornell shall
meet the design requirements of the Americans With Disabilities Act (ADA) concerning
curb cuts, crosswalks, and sidewalks. The parties recognize that the Cornell 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.
5. The implemented design of the Portion of University Avenue shall contain
the following, and meet the following minimum specifications:
a. two lanes for motorized vehicular travel, each at least 10 feet wide,
with a combined total (minimum) width of 22 feet;
b. uphill bicycle lane 5 feet wide;
c. curbs on both sides of the paved travel lanes;
d. sidewalk 6 feet wide on the north /northwest side of the street;
e. unimpeded height of 15-0" for the travel corridor;
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April 15, 2008
f. street lighting similar to other street lighting on the Cornell campus for
locations with similar needs and usage, and including appropriate lighting
to maintain a safe, ambient level of light and visibility for any part of the
street that is located beneath a building;
g. an associated bus shelter, which Cornell agrees to allow Tompkins
Area Consolidated Transit (TCAT) to maintain in the vicinity for as long as
TCAT (or its successor) wants to so maintain it; and
h. curb lawn and snow storage area, where feasible (see below).
In order to provide the foregoing, it is agreed that Cornell shall not be required to move
the north /northwest line of the sidewalk any further north /northwest than its present
location, or the northern edge of the proposed Central Avenue Parking Garage any
further south. The parties recognize that a curb lawn between the sidewalk and the
west -bound travel lane, as well as snow storage areas, are desirable but will probably
be difficult to accommodate because of site conditions. The parties acknowledge that a
higher priority for available space and resources should be placed on an uphill bicycle
lane than on a curb lawn or snow storage area. The parties also acknowledge that the
site is extremely limited by steep topography (particularly to the north), the adjacent Fall
Creek Gorge (and Fall Creek's designation as a Recreational River), and Cornell's pre-
existing and planned land uses in the vicinity.
6. Cornell agrees that it will maintain the Portion of University Avenue and its
associated sidewalk, curbs, and lighting, to standards at least as high as those for other,
typical Cornell -owned streets and sidewalks on campus with similar traffic demands.
7. Cornell agrees that it will retain the name "University Avenue" for the
Portion of University Avenue.
8. Cornell agrees that it will permanently allow members of the public to use
the Portion of University Avenue for generally unrestricted travel purposes, and to keep
the Portion generally open for street purposes, except as provided for hereafter. Upon
appropriate 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 may close the Portion of University Avenue temporarily
(i) as required for adjacent construction, or for street repairs or reconstruction;
(ii) for special campus events; and
(iii) in the event of an emergency or other, short -term exigency.
Cornell agrees to take reasonable steps to minimize the time period of any complete
closure and to arrange for and coordinate emergency vehicle access during any such
closure.
9. Cornell agrees to be responsible for establishment traffic controls over the
Portion of University Avenue, consistent with the same authority and requirements that
Cornell is subject to for the establishment of controls over other campus roads, except
that in any case such controls shall not include access - control gates or other such
barriers to the normal flow of traffic.
10. The parties agree that this agreement may be recorded by either party in
the Office of the Tompkins County Clerk.
11. The parties agree that it is in their mutual interests to avoid
misunderstandings or failures of communication regarding compliance with the terms of
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April 15, 2008
this Contractual Agreement. If one party believes that there is a substantive
disagreement or difference, or potential substantive disagreement or difference (the
"Matter "), that is not being addressed through the normal channels of communication
between the parties, then that party agrees to send a written notice (if to the City to the
office of the Mayor, if to Cornell to the Office of the Executive Vice President), outlining
the nature of the Matter and certifying that the party believes it to be substantive and
within the terms of this Agreement. In the event that said disagreement pertains to a
minor or operation - related aspect of this agreement, the parties agree to use the dispute
resolution procedure described hereafter. If the disagreement instead concerns an
essential term or condition of the parties' agreement (such as the obligation to
reconstruct the road or to keep it open for generally unrestricted public travel), either
party may elect to waive the arbitration procedure described above and to bring an
action in a court of law with appropriate jurisdiction. Unless so waived, the dispute
resolution procedure shall proceed as follows. Within forty -five days of the submission
of the afore - mentioned notice of disagreement, the parties' representatives (not
necessarily the officers to whom notice was sent) shall meet to discuss the Matter
together and make a good faith effort to resolve it, or, if the Matter is such that it cannot
be resolved by one meeting, then the parties agree to meet again in a timely fashion, at
least one additional time, to try to resolve it. If either party is not satisfied with the
outcome of such efforts, then after not less than 150 days, but not more than 240 days,
the party may apply for resolution of the Matter to the American Arbitration Association
( "AAA ") by a single arbitrator. Each party shall bear the costs of its own representation
but the party that loses the arbitration shall bear the cost of the AAA fees and expenses.
The parties hereby agree that, during the pendency of any attempted discussion or
arbitration of any such disagreement, they will each refrain from commencing or
continuing to effect any physical change that would adversely affect the capacity of the
Portion of University Avenue to function as a street open for travel by members of the
public consistent with the minimum specifications set forth in Paragraph 5, above, and
that in the event of either party's alleged failure to so refrain, nothing herein shall be
construed to prohibit either party from seeking temporary or injunctive relief as
necessary from a court of competent jurisdiction.
12. [Mutual indemnification and hold harmless provision — text to be inserted.]
13. This agreement shall be binding upon, and the rights provided for
hereunder shall inure to the benefit of the successors of the parties.
14. If any provision or part of a provision of this Agreement is found to be
illegal or unenforceable or void or contrary to public policy, the parties agree to sever
the illegal or unenforceable or void or contrary to public policy portion and amend the
Agreement to preserve the meaning and intent of the Agreement in harmony with the
balance of the Agreement, without materially changing the substantive (including
financial) obligations and rights of, or exchange of consideration by, either party, without
its express written consent. Notwithstanding the foregoing, the parties agree
individually and collectively to defend vigorously this Agreement and the actions
authorizing their respective executions of it, against suits, proceedings (including under
Article 78 of the NY Civil Procedure Law and Rules), or other challenges.
15. This Agreement constitutes the entire agreement between the parties as
to the issues set forth herein, and prior agreements, negotiations, letters, and other
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April 15, 2008
communications concerning the Portion of University Avenue are superseded and
merged into this agreement.
Signed by the respective parties the day and year indicated below:
[Signature Page]
City Attorney Hoffman reviewed the differences between the current draft MOU and the
previous versions. He further noted the concerns that Board of Public Works
Commissioner Ray Schlather voiced and how some of them have been addressed in
the MOU.
Mayor Peterson reported that the Board of Public Works voted 5 -0 to approve the MOU
with Commissioner Schlather absent. She explained that Commissioner Schlather did
not intend to vote for the Resolution but he did his best to strengthen the MOU to the
City's benefit.
City Attorney Hoffman stated that the Recreational River management plan is a
separate project that the Mayor has directed the Planning staff to start working on.
Discussion followed on the floor regarding the draft agreement. Currently there is no
formal easement on file. In the draft agreement, the informal "easement by use" would
become a contractual obligation.
Mayor Peterson stated that a lot of work has been put into this issue during the past few
years and this is the closest that the City and Cornell have come towards reaching an
agreement in a debate that has spanned over 20 years.
Alderperson Zumoff asked City Attorney Hoffman to clarify that this issue was separate
from Millstein Hall. City Attorney Hoffman responded that yes, this issue is separate
from the Millstein Hall project as this action is not needed for Cornell University to
proceed with that construction.
Discussion followed on the floor with Alderperson Schuler reviewing the elements of the
Cornell University Master Plan. She noted that she is having trouble accepting that this
action is not related to the Millstein Hall project.
Mayor Peterson noted that the University Avenue discussions were happening years
before the Millstein Hall project was even considered. She explained that if this
Resolution is adopted, the MOU would structure the rest of the process including a
public information session, public hearing and formal review by the Planning Board,
Board of Public Works and Common Council.
Alderperson Tomlan questioned why Forest Home Drive wasn't included in the
negotiations. City Attorney Hoffman responded that the portion of Forest Home drive
that goes through the campus is located both in the City and the Town of Ithaca.
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April 15, 2008
Including the Town in negotiations at this time would complicate and slow down the
process. He further suggested that the University Avenue process could be used as a
model to address Forest Home Drive as that issue has not been dropped but will be
considered separately. Mayor Peterson noted that both the City and the Town have
completed serious road projects on Forest Home Drive so the condition of the road is
not as bad as University Avenue.
Alderperson Dotson stated that she is generally in support of the issue however she
feels that public facilities should remain public, not private.
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (5) Dotson, Clairborne, Zumoff, Myrick, Cogan
Nays (2) Schuler, Tomlan
Abstentions (1) Rosario
Failed
Mayor Peterson requested that this item go directly to the May Common Council
meeting without taking a vote at the Special Council meeting scheduled for 8:00 pm, as
she has the required six affirmative votes with Alderperson Coles being present.
Alderperson Tomlan responded that she would be more comfortable with that
suggestion as it would give Common Council more time to receive constituent
comments and digest the information.
Chair Clairborne recommended that Council members forward any questions or
requests for specific information to the Mayor and City Attorney before the May
Common Council meeting.
Recess:
The Committee recessed at 8:00 pm.
Reconvene:
The Committee reconvened at 8:05 pm.
Privilege of the Floor:
Alderperson Myrick reported on the Youth Council Initiative. He stated that he has been
researching past youth councils and gathering a list of past participants to provide input
and feedback. He is also looking at the shape and structure of other youth councils
across the country and is wondering if a full -time employee should be assigned to this
position (approx. $27,000 salary, $11,000 fringe benefits). He stated that he welcomes
any kind of involvement and /or feedback.
Mayor Peterson suggested that perhaps another option may be to create a Mayor's
Council of Youth. Examples of this type of council can be found in Somerville, MA and
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April 15, 2008
Muncy, IN. She suggested that NYCOM be consulted to see if any Mayor's Councils for
Youth exist in New York State.
Alderperson Schuler voiced her concern about the littering issue being created by the
delivery of Yellow Book directories around town. She stated that these books have
been left outside in snow banks and in gutters due to careless deliveries. Alderperson
Cogan stated that he has similar concerns and the City Prosecutor and the City
Attorney have been looking into this issue. This has been happening throughout the
County, not just in the City.
Alderperson Rosario announced that Assemblywoman Barbara Lifton would be hosting
a meeting on April 17, 2008 at 1:00 pm at the Ithaca Town Hall to discuss the status of
the truck traffic issue.
Mayor Peterson announced that the Youth Bureau's "60 Miles for 60 Years" event
would kick -off on April 21, 2008, 6:00 pm at Cass Park. She further reported that the
dredging meeting that took place yesterday was very successful. New York State has
dedicated $2 million in the budget for this project.
Announcements from the Chair
Chair Clairborne reminded Council members that the Orientation sessions would be
continuing on May 14, 2008 to discuss legal issues, presented by the City Attorney's
Office and on June 11, 2008 to discuss effective meetings, communication styles and
team building skills.
Mayor Peterson noted that she has a conflict with the Board of Public Works and asked
if the times could be adjusted. Discussion followed on the floor regarding what dates
and times were preferred for future training opportunities.
Chair Clairborne reported that a decision has been rendered on the Kearny human
rights case. He stated that the Ithaca City School District has the option to appeal the
decision. A new NYS Human Rights Commissioner needs to be appointed and that
person would need to finalize the preliminary decision. He noted that race & racism
concerns exist throughout the community and that the issue would be coming back to
the Committee for further discussion. He asked Committee members to consider how
they would like to participate in the various action plans that are being created.
Chair Clairborne wished Charles, a Mutual Housing Association resident, a speedy
recovery from his recent health concerns. He further congratulated the University of
Kansas Jay Hawks on their NCAA Basketball Championship.
9. Old Business:
a. Smoke -free Zone Legislation (information to be distributed under separate
cover
This item was deferred to the May, 2008 meeting.
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April 15, 2008
New Business:
Discussion: Water
Mayor Peterson distributed an update on the environmental review for the City of Ithaca
water supply options. She noted that she and Alderperson Cogan provided Bolton Point
with this update as well.
Alderperson Dotson left the meeting at 8:30 p.m.
Alderperson Schuler asked if the impact of the police firing range on the water was
being studied. City Attorney Hoffman responded that some testing had been completed
by Water & Sewer Division employee Roxy Johnston. Ms. Johnston reported those
results to the Natural Areas Commission; however, he noted that he needed to confer
with Acting Planning & Development Director JoAnn Cornish to see if this was included
in the environmental review. He further reported that the Draft Environmental Impact
Statement (DEIS) is approximately 90% complete.
Mayor Peterson questioned what the best approach would be for the Committee to
examine this issue, and whether an overview of the issues was needed for the new
Council members.
Alderperson Cogan stated that the goal of this review should be that Common Council
would be ready to make a decision on the future of the City's water supply once the
Final Environmental Impact Statement (FEIS) is complete.
Alderperson Rosario stated that the costs of both options should be looked at again as
he is not convinced that they are the same, and he would like to see more
documentation. Alderperson Tomlan agreed and noted that she would also like to see a
cost update.
City Attorney Hoffman noted that some key features were debated such as low energy
use. He also referred to the Natural Area Commission's position paper that indicated
that if the Watershed was not used for the water supply additional land could be used
for recreational purposes.
Alderperson Rosario stated that meeting time should be reserved for the next five
months and that decisions should be made regarding which features should be talked
about each month.
Alderperson Zumoff stated that it is difficult to measure the value of each feature and
questioned whether there was a way to prioritize which items should carry more weight.
City Attorney Hoffman responded that the only legal requirement is the consideration of
environmental factors.
Chair Clairborne asked what the deadlines were for specific decisions. Mayor Peterson
responded that Federal regulations have mandated water system upgrades. The Water
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April 15, 2008
Plant employees have done an excellent job of keeping the 100 year old plant operating
within the legal requirements. She further explained that the DEIS should be complete
within 4 -8 weeks and the FEIS should be completed in September. She stated that this
issue should be a Committee priority.
Chair Clairborne, Vice -Chair Cogan and Alderperson Rosario agreed to meet to map
out meeting topics so that the Committee could stay in -line with the upcoming
deadlines.
Mayor Peterson suggested that another joint Common Council — Board of Public Works
meeting could be scheduled to provide a general update on the topic.
Cross - committee Topics
Reports on Departmental Workforce Diversity and Inclusion Plans
Chair Clairborne explained that each City department had been requested to share their
workforce diversity and inclusion plans with Common Council. These reports were
originally scheduled to take place at City Administration Committee meetings; however,
the committee chairs have discussed this and agreed that it would be better if the
reports took place at the Community and Organizational Issues Committee as all 10
members of Common Council would be present.
Alderperson Tomlan noted that the Planning Department will be giving quarterly reports
at the Planning Committee meetings and that Acting Planning and Development
Director Cornish will be discussing diversity initiatives.
Mayor's Roundtable: Inlet Island Development
Alderperson Tomlan distributed a partial listing and summary of plans & studies for Inlet
Island that was assembled as the result of the discussion at the Mayor's roundtable
discussion. She noted that Planning Department staff would like to give a presentation
on all of the related plans and asked what questions or areas of concern that Council
members had. She stated that the ultimate goal would be to develop a vision for Inlet
Island.
She stated that Steve Flash is still the preferred developer for the area and the goal of
development in that area is a step process from the outside to the inside with buildings
up to 5 stories. Development obstacles include the size of the area, the contamination
of the site, and the Coast Guard site.
Alderperson Rosario stated that he believes the staff reports are a good place to start.
One of the main differences between 1998 and 2008 is the recent presence of Island
Fitness that has allowed people to visualize the plan. He noted that he would like to see
a public forum set -up so Council could hear public comment on these issues.
Mayor Peterson stated that a presentation on the 1998 plan and how it fits the new
development in the area would be helpful. A comparison of the vision versus the actual
situation will allow discussion to occur on whether the 1998 plan is still viable.
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April 15, 2008
Alderperson Schuler noted that not knowing the history of the area could be confusing
to potential developers.
Alderperson Cogan stated that Council shouldn't spend a lot of time on a 10+ year old
plan when what existing infrastructure won't allow the old plan to be feasible. The focus
of discussion should be what elements of the plan are salvageable. He stated that
Council needs to come up with a new plan starting with what exists now.
Alderperson Tomlan stated that the presentation and public forums should be done in a
broader format that would include all Council members.
Approval of Minutes:
Approval of the February 13, 2008 Community & Organizational Issues Committee
meeting minutes — Resolution
By Alderperson Myrick: Seconded by Alderperson Rosario
RESOLVED, That the minutes of the February 13, 2008 Community & Organizational
Issues Committee be approved with noted corrections.
Carried Unanimously (7 -0)
Alderperson Dotson absent from vote
Chair Clairborne announced that the next meeting would be May 20, 2008 at 7:30 p.m.
Due to conflict with the meeting dates and times, these meetings are not being
broadcast live; however, they are being taped and broadcast at a later date.
Chair Clairborne further announced that the Kearney News Conference would be
tomorrow, April 16, 2008, at 10:00 a.m., in front of the Tompkins County Human
Services Building and that the Ithaca City School District would be meeting in Executive
Session tomorrow as well.
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
Julie Conley Holcomb J. R. Clairborne
City Clerk Chair
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