HomeMy WebLinkAboutMN-CC-2010-09-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. September 1, 2010
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, McCollister, Zumoff, Rooker,
Myrick, Cogan, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Superintendent of Public Works – Gray
City Planner - Kusznir
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning & Economic Development Committee:
City Clerk Conley Holcomb noted that a Substitute Resolution for Item 9.1 B had been
placed on Council members’ desks. The new Resolution reflects changes that were
made at the Planning & Economic Development Committee meeting but were not
incorporated into the agenda.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed the period between September 15 and October 15, 2010 as
Latino Heritage Month in the City of Ithaca.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Youth Council Update:
Kelvin Kim, Chair and Cody Austern-Aceto, Vice Chair, addressed Common Council on
behalf of the Youth Council to provide the following update:
• The Youth Leadership Training Series will begin in late September, early October
• The 2nd Annual Cowabunga Celebration/Fund Raising Event will be held on
September 25, 2010 at the Enfield Fair.
• There are seven (7) vacancies on the Youth Council that need to be filled.
• The focus of the Youth Council this year will be on health: physical, mental,
emotional, nutrition, self-expression, and stress management
• Regular meetings are the 1st Thursday of each month at 6:00 p.m. at the Youth
Bureau
Alderperson Mohlenhoff, who is employed at Tompkins Cortland Community College
(TC3), noted that they have a similar theme for this year focused on a safe and healthy
campus. Since the themes of the Youth Council and TC3 seem to match, she
suggested that maybe there could be collaboration on an event.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Susan Titus, Titus Gallery on The Commons, shared her thoughts on the tree grove on
the Commons and recent concerns regarding the bird waste issues. She further
discussed her feelings about the proposed redesign of The Commons and the special
attributes that the trees provide to the Commons.
The following people addressed Common Council regarding the need for an additional
investigation into the death of Shawn Greenwood:
Nevin Sabat, City of Ithaca
Leslie Schultz, City of Ithaca
Clare Grady, City of Ithaca
Lisa Duggan, Town of Ithaca
Gino Bush, City of Ithaca
Viola Scott, City of Ithaca
September 1, 2010
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Joel Harlan, Town of Newfield, discussed quality housing development for students,
regional economic development issues, and the Shawn Greenwood incident.
Tomo Shibata, City of Ithaca, addressed Council to request the establishment of a task
force to investigate organized stalking.
Ron Kweller, owner of the Thrift Boutique on the Commons, and Hamid Omar, owner of
Ameritalia on The Commons described the negative impact the new smoking ordinance
has had on their businesses as a majority of the smokers have relocated to areas near
their businesses and associated behaviors have become problematic.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McCollister responded to comments made about the impact the new
smoking ordinance is having on businesses on The Commons. She hopes that there
will be enough flexibility in it for revisions that may address some of the concerns
raised.
Alderperson Myrick also responded to the comments made about the impact the new
smoking ordinance is having on the businesses on The Commons. He would support a
“no smoking” zone that would be from curb to curb on The Commons and would be
willing to re-activate the sub-committee to review possible revisions.
Alderperson Mohlenhoff responded to comments made about the impact of the new
smoking ordinance. She noted that the legislation was written in a way that would
provide for periodic reviews. She encouraged the public to continue to provide input as
time goes by with the implementation of the new ordinance. She further noted that the
five (5) year anniversary of Hurricane Katrina just took place as well as the upcoming
National Day of Service on September 11th. She encouraged everyone to perform
some type of service to honor the day.
Alderperson Mohlenhoff also noted that an independent investigation into the shooting
of Shawn Greenwood was conducted and followed the required legal system to its
outcome. She encouraged community members to try to move forward and work on the
root causes of problems in the community, and to improve relationships between the
community and police. She encouraged everyone to try to honor Shawn’s memory in a
positive and productive way.
Alderperson Rosario responded to comments made about the new smoking ordinance.
He noted that information to date shows that the West end of the Commons seems to
be experiencing clusters of smokers while the East end of the Commons and Bank Alley
are not. He stated that the concerns raised warrant revisiting the legislation and agrees
that perhaps the ban on smoking should be from curb to curb on The Commons. He
thanked the speakers for coming out tonight and noted that it takes a great amount of
courage to do so.
Alderperson Rosario further stated that the City followed the only process it could with
the independent investigation into the shooting of Shawn Greenwood and while
everyone may not agree with the decision, the process was done in an open and
transparent manner which resulted in the exoneration of Sgt. Bangs. He further stated
that he feels that it is a reasonable request, by the public, to view the surveillance tape
and hopes that might be possible. He noted that the partnership with the Ithaca Police
Department and the 2nd Ward neighborhoods has been outstanding and he will dedicate
his time to finding meaningful ways to work out differences between community
members and the police department. He further noted that any healthy democracy will
have a safe place to ask questions, such as the case tonight with the comments
received from the public.
Alderperson Clairborne thanked the speakers for their comments and responded that he
agrees that some adjustments might be needed with the smoking ordinance. He further
responded to comments made about Shawn Greenwood, and noted that tensions
remain high in the community, and community conversations need to continue. He
further acknowledged the recent passing of Robin Palmer, Dr. Donald Graham, and
September 1, 2010
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Kahlil King, a Cornell University student who lost his life in the Fall Creek gorge due to
an accident.
Alderperson Dotson stated that she appreciates it when people come to Common
Council meetings to talk about their concerns and acknowledged the bravery it takes to
speak out. She noted that there is a lot of hard work to do in many aspects of the
community to address bias and fear issues.
Alderperson Myrick noted that from his reading of District Attorney Weeden Wetmore’s
report, he agrees with the conclusion that the shooting may have been justified. He
agrees that the surveillance tapes should be made public and further stated that he has
reached out to Assemblywoman Barbara Lifton to try to get the cooperation of the State
Police to explain how these CNET operations are run.
Mayor Peterson stated that the City of Ithaca does not have the surveillance tape. She
noted that either the New York State Police or the store owner would have it. She
further stated that the investigation involved three levels of review – by the State Police,
the Special Prosecutor’s Office, and the Grand Jury. She supports the process that was
followed in the investigation. She noted that CNET operations are still on the list to be
followed up on but that the State Police is currently investigating the arson of Sgt.
Bangs house. She noted that her office has been working on these issues nearly daily
since February 23rd.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau - Request to Amend 2010 Youth Bureau Roster - Resolution
By Alderperson Zumoff: Seconded by Alderperson Myrick
WHEREAS, the Ithaca Youth Bureau has requested permission to amend the 2010
personnel roster, decreasing the hours of a currently vacant Recreation Program
Leader from 35 hours per week to 30 hours per week effective September 2, 2010, and
WHEREAS this change will result in a savings of about $1,900.00 during the remainder
of 2010 and a savings of about $7,600.00 during 2011, and
WHEREAS, the proposed reduction of hours reflects an effort on the part of the
Recreation Support Services Program and the Ithaca Youth Bureau to assist in cost
saving measures during this fiscally challenging time; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2010 Youth Bureau roster as
follows:
Decrease the hours of one Recreation Program leader from 35 hours per week to
30 hours per week effective September 2, 2010.
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Ordinances to Amend The City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” to Establish the New R-3aa Zoning Districts - Environmental
Review - Resolution
A. Declaration of Lead Agency for Environmental Review - Resolution
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Type I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
September 1, 2010
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RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of ordinances to (1) amend
the City of Ithaca Municipal Code in order to establish a R-3aa zoning district and (2)
rezone portions of the R-3a and R-3b zoning districts to R-2b, R-2c, and to the newly
established R-3aa zoning districts.
Carried Unanimously
B. Determination of Environmental Significance - Resolution
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, the City of Ithaca is considering amendments to Chapter 325 of the
Municipal Zoning Code in order to (1.) establish the R-3aa zoning district and to (2.)
rezone portions of the R-3a and R-3b zoning districts to R-2b, R-2c and the newly
established R-3aa district, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (FEAF), dated July 27, 2010, and
WHEREAS, these zoning amendments have been reviewed by the Tompkins County
Planning Department Pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the FEAF prepared by planning staff; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated July 27, 2010, and be it further
RESOLVED, that this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, that this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
9.1C An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Establish and Add the R-3aa Residential Zoning District
Thereto, and to the District Regulations Chart
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, the City of Ithaca consists of multiple zoning designations, including single-
family residential, two-family residential, multi-family residential, and various types of
commercial designations, and
WHEREAS, the City of Ithaca is fortunate to have a substantial housing and building
stock dating from the 19th century and later, that is still in use and in good condition
today, and
WHEREAS, many of the City’s one- and two-family zoning districts directly abut more
dense residential and/or commercial districts, and
WHEREAS, where significantly different zoning districts abut one another, it is typically
appropriate for there to be a transition zone between them that mitigates the potential
conflict between the contrasting architectural character and building types in those
districts, and
September 1, 2010
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WHEREAS, in 2007, the City Planning and Development Board raised concerns to
Common Council that the R-3 zoning district allows development and new structures
that are not appropriate, particularly in areas where the preponderance of structures are
traditional one- and two-family homes, and where the proximity of more dense zones
creates development pressure that has the potential to negatively affect the existing
neighborhood character, and
WHEREAS, the Planning Board proposed that the City address this problem by the
creation of a new transition zone, called R-2c, that would allow R-3a uses but would
restrict area regulations, would encourage construction of structures appropriate to
neighborhood character, and would remove some incentives to tear down older houses,
thereby preserving neighborhood character, and
WHEREAS, such a proposal was made, in 2007, with regard to an area in the upper
Collegetown neighborhood, which won the support of a majority of Council, but which
was not successful because it did not garner a “super-majority” (three-fourths), which
margin was required as a result of a protest by more than 20% of the affected property
owners; and
WHEREAS, in 2009, Mayor Carolyn Peterson created a subcommittee of the Common
Council, the Planning & Development Board, and Planning Staff to evaluate all R-3
areas of the City as to whether the R-3 zone best supported appropriate development or
preservation in the various neighborhoods and areas; and
WHEREAS, that subcommittee made site visits to all potentially-affected zones and has
now made recommendations to Common Council to rezone certain parts of the existing
R-3a and R-3b district to R-2b, R-2c, and to a proposed, new, “R-3aa” zoning
designation; and
WHEREAS, the current R-3 zoning does not address the possibility of consolidation of
multiple parcels, which can significantly change the effectiveness of current area, yard
and setback requirements, which, for parcels that are of conventional size, act to control
building massing, open space and separation of structures, and which, in turn, affect the
rhythm of the streetscape and therefore the health and viability of the residential
experience in R-3 districts, and
WHEREAS, in determining where to apply the proposed new R-3aa zoning district, or
whether to rezone from an R-3 to an R-2 designation, the Council has considered
criteria such as whether the area has a traditional residential pattern of individual lots
and individual houses of similar scale, orientation, and setbacks on both sides of a
street, or along the block on the same side of the street, whether the existing
neighborhood character is worthy of preservation, whether the area is already protected
by historic district designation, and whether the type of large-scale residential
development that could occur in the area under current, R-3 zoning would compromise
the desirable character of the neighborhood, now therefore
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
ORDINANCE NO. 10-___
Section 1.
Chapter 325 (“Zoning”), Section 325-4 (“Zoning Districts”) of the Municipal Code of the
City of Ithaca is hereby amended to establish and add the “R-3aa” residential zoning
district thereto, and the District Regulations Chart, which is made a part of Chapter 325
by Section 325-8, is hereby amended by adding the following:
Column 1: Use District – add “R-3aa”.
Column 2: Permitted Primary Uses (for R-3aa)–
1. One-family detached, semi-detached or attached dwelling or two family
dwelling
2. Any use permitted in the R-1 and R-2 Zoning Districts
3. Multiple dwellings (See §325-3)
4. Rooming or boarding house
September 1, 2010
6
5. Cooperative household (See §325-3)
6. Fraternity, sorority or group house
7. Townhouse or garden apartment housing
8. Nursery school, child day care center, group Adult Day Care
9. Nursing, convalescent or rest home
BY SPECIAL PERMIT OF BOARD OF APPEALS:
10. Any uses permitted by special permit in R-1 and R-2
11. Neighborhood commercial facility
12. Hospital or Sanatorium
13. Bed and Breakfast Homes and Inns
Column 3: Permitted Accessory Uses (for R-3aa) –
1. Any accessory uses as permitted in R-2
2. Private garage for 4 or more cars
3. Neighborhood parking area subject to regulations of §325-20 (B).
Column 4: Off-Street Parking Requirements (for R-3aa) –
1. Same as R-2
2. Rooming or boarding house: 1 space per 3 persons housed
3. Bed and Breakfast Homes and Inns: 1 space per bedroom
4. Fraternity, sorority, group house, cooperative household: 1 space per 2
persons housed
5. Hospital, nursing home, similar uses: 1 space per 5 beds
See Also Requirements for Collegetown Parking Overlay Zone.
Column 5: Off-Street Loading Requirements (for R-3aa) –
1. Same as R-2
2. Multiple dwellings with 25 or more dwelling units: 1 space for up to 10,000 SF
of floor space, plus 1 space for each additional 15,000 SF or major fraction
thereof.
3. Nursing home, hospital or sanatorium: 1 space.
Column 6: Minimum Lot Size (for R-3aa) –
1. One-family detached or semi-detached dwellings or 2-family dwellings: 5,000
SF.
2. One-family attached dwelling, new construction: 6,000 SF for the first 1-3
units, plus 750 SF for each additional unit, plus 500 SF per room let for
profit.
3. Multiple dwellings, new construction: 6,000 SF for the first 1-3 units, plus 750
SF for each additional unit, plus 500 SF per room let for profit.
4. One-family attached dwelling, conversion: 7,000 SF for the first 1-3 units, plus
750 SF for each additional unit, plus 500 SF per room let for profit.
5. Multiple dwellings, conversion: 7,000 SF for the first 1-3 units, plus 750 SF for
each additional unit, plus 500 SF per room let for profit.
6. Fraternity, sorority or group house: 25,000.
7. Other Uses: 6,000. See Also General Note 11.
Column 7: Minimum Lot Size, Width in Feet at Street Line (for R-3aa) – 50.
Column 8: Maximum Building Height, Number of Stories (for R-3aa) – 3
Column 9: Maximum Height of Building, Height in Feet (for R-3aa) – 35.
Column 10: Maximum Percent of Lot Coverage by Buildings (for R-3aa) – 35.
Column 11: Yard Dimensions, Front, Required Minimum (for R-3aa) – 10.
Column 12: Yard Dimensions, Side, One Side at Least (for R-3aa) – 10.
Column 13: Yard Dimensions, Side, Other at Least (for R-3aa) – 5.
September 1, 2010
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Columns 14 and 15: Yard Dimensions, Rear (for R3-aa) –25% or 50 feet and not less
than 20 feet.
Column 16: Minimum Height of Building/Maximum Building Footprint, Height in Feet (for
R-3aa) –
Minimum height: Two Stories.
Maximum building footprint: No new construction of a primary structure in the R-3aa
zone shall contain a footprint that is larger than 120% of the average footprint of the
existing buildings along the entire block front in which the building is located. If one or
more such surrounding buildings have been demolished, then the calculation for
maximum building footprint shall use the footprint of the primary structure that most
recently stood on any lot where a demolition had occurred.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Dotson explained that this amendment to the zoning ordinance is the result
of extensive work by a sub-committee that looked at areas all over the City.
Alderperson Zumoff stated that he appreciates the hard work of the committee but will
vote in opposition as he feels that the City’s zoning laws are too complicated and
restrictive. He stated that the City should look at decreasing the number of zoning
districts, not adding to them.
Alderperson Clairborne clarified that the legislation preserves neighborhoods and
prevents inappropriate development in residential areas.
A vote on the Ordinance resulted as follows:
Ayes (9) Coles, Dotson, Clairborne, Rosario, McCollister, Myrick, Rooker,
Cogan, Mohlenhoff
Nays (1) Zumoff
Abstentions (0)
Carried
9.2 An Ordinance to Amend The City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” to Rezone Portions of the R-3a and R-3b Zoning District to R-2b,
R-2c, and R-3aa
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, the City of Ithaca consists of multiple zoning designations, including single-
family residential, two-family residential, multi-family residential, and various types of
commercial designations, and
WHEREAS, the City of Ithaca is fortunate to have a substantial housing and building
stock dating from the 19th century and later, that is still in use and in good condition
today, and
WHEREAS, many of the City’s one- and two-family zoning districts directly abut more
dense residential and/or commercial districts, and
WHEREAS, where significantly different zoning districts abut one another, it is typically
appropriate for there to be a transition zone between them that mitigates the potential
conflict between the contrasting architectural character and building types in those
districts, and
WHEREAS, in 2007, the City Planning and Development Board raised concerns to
Common Council that the R-3 zoning district allows development and new structures
that are not appropriate, particularly in areas where the preponderance of structures are
September 1, 2010
8
traditional one- and two-family homes, and where the proximity of more dense zones
creates development pressure that has the potential to negatively affect the existing
neighborhood character, and
WHEREAS, the Planning Board proposed that the City address this problem by the
creation of a new transition zone, called R-2c, that would allow R-3a uses but would
restrict area regulations, would encourage construction of structures appropriate to
neighborhood character, and would remove some incentives to tear down older houses,
thereby preserving neighborhood character, and
WHEREAS, such a proposal was made, in 2007, with regard to an area in the upper
Collegetown neighborhood, which won the support of a majority of Council, but which
was not successful because it did not garner a “super-majority” (three-fourths), which
margin was required as a result of a protest by more than 20% of the affected property
owners; and
WHEREAS, in 2009, Mayor Carolyn Peterson created a subcommittee of the Common
Council, the Planning & Development Board, and Planning Staff to evaluate all R-3
areas of the City as to whether the R-3 zone best supported appropriate development or
preservation in the various neighborhoods and areas; and
WHEREAS, that subcommittee made site visits to all potentially-affected zones and has
now made recommendations to Common Council to rezone certain parts of the existing
R-3a and R-3b district to R-2b, R-2c, and to a proposed, new, “R-3aa” zoning
designation; and
WHEREAS, the current R-3 zoning does not address the possibility of consolidation of
multiple parcels, which can significantly change the effectiveness of current area, yard
and setback requirements, which, for parcels that are of conventional size, act to control
building massing, open space and separation of structures, and which, in turn, affect the
rhythm of the streetscape and therefore the health and viability of the residential
experience in R-3 districts, and
WHEREAS, in determining where to apply the proposed new R-3aa zoning district, or
whether to rezone from an R-3 to an R-2 designation, the Council has considered
criteria such as whether the area has a traditional residential pattern of individual lots
and individual houses of similar scale, orientation, and setbacks on both sides of a
street, or along the block on the same side of the street, whether the existing
neighborhood character is worthy of preservation, whether the area is already protected
by historic district designation, and whether the type of large-scale residential
development that could occur in the area under current, R-3 zoning would compromise
the desirable character of the neighborhood, now therefore
ORDINANCE NO. 10___
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby
amended as follows:
Section 1. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is
hereby amended to change the zoning designation from R-3a and R-3b to the newly
established R-3aa designation for the following tax parcels: 49.-1-1, 49.-1-22, 49.-1-23,
49.-1-24, 49.-1-25, 49.-1-26, 49.-1-27, 50.-4-12, 50.-4-13, 50.-4-14, 50.-4-15, 60.-
3-1, 60.-3-14, 60.-3-2, 60.-3-3, 60.-3-4, 60.-3-5, 60.-3-6, 60.-3-7, 60.-3-8, 60.-3-9.1,
60.-4-1, 60.-4-10, 60.-4-2, 60.-4-3, 60.-4-4, 60.-4-5, 60.-4-8, 60.-4-9, 61.-1-1, 61.-1-13,
61.-1-14, 61.-1-15, 61.-1-18, 61.-1-19, 70.-7-15, 70.-7-16, 70.-7-3, 71.-10-1, 71.-10-10,
71.-10-11, 71.-10-2, 71.-10-3, 71.-10-4, 71.-10-5, 71.-10-6, 71.-10-7, 71.-10-8, 71.-10-9,
71.-7-1, 71.-7-10, 71.-7-11, 71.-7-12, 71.-7-13, 71.-7-14, 71.-7-15, 71.-7-16, 71.-7-17,
71.-7-18, 71.-7-2, 71.-7-7, 71.-7-8, 71.-7-9, 71.-8-1, 71.-8-2, 71.-8-3, 71.-8-4, 71.-8-5,
71.-8-6, 71.-8-9, 71.-9-1,71.-9-2, 71.-9-3, 71.-9-4, 71.-9-5, 71.-9-6, 72.-8-10, 72.-8-11,
72.-8-12, 72.-8-13, 72.-8-14, 72.-8-15, 72.-8-16, 72.-8-9, 80.-10-4, 80.-10-5, 80.-10-6,
80.-10-7, 80.-10-8, 80.-10-9, 80.-6-2, 80.-6-3, 80.-6-4, 80.-6-5, 80.-6-6, 80.-6-7, 80.-8-1,
80.-8-10, 80.-8-11, 80.-8-12, 80.-8-13, 80.-8-14, 80.-8-2, 80.-9-1, 80.-9-10, 80.-9-11,
80.-9-2, 80.-9-3, 80.-9-4, 80.-9-5, 80.-9-6, 80.-9-7, 80.-9-8, 80.-9-9, 89.-3-1, 89.-3-14,
September 1, 2010
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89.-3-15, 89.-3-2, 89.-3-3, 89.-3-4, 89.-3-5.1, 92.-10-1, 92.-10-10, 92.-10-11, 92.-10-12,
92.-10-13, 92.-10-14, 92.-10-15, 92.-10-9, 92.-3-11, 93.-1-10, 93.-1-11, 93.-1-12, 93.-1-
13, 93.-2-1, 93.-2-10, 93.-2-7, 93.-2-8, 93.-2-9, 93.-3-3, 93.-3-4, 93.-3-5, 93.-3-6, 93.-3-
7, 83.-2-19, and a portion of parcels 83.-2-15.1 and 83.-2-16.2.
The boundaries of this amendment are shown on the map entitled “Proposed R-3aa, R-
2c, R-2b Zoning Amendment-July 2010,” a copy of which shall be on file in the City
Clerk’s office.
Section 2. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3a to R-2b for the following tax parcels: 50.-4-30, 50.-4-28, 50.-
4-27, 50.-4-37, 50.-4-36, 50.-4-35, 50.-4-34, 50.-4-33, 50.-4-32, 50.-4-31, 60.-3-11, 60.-
3-10, 60.-3-16, 60.-3-15, 60.-3-13, 60.-3-12, 60.-3-17, 93.-2-6, 93.-2-3, 93.-2-4, 93.-2-5,
93.-2-2, 80.-8-7, 80.-8-8, 80.-8-9, 80.-8-6, 80.-8-3 and 80.-8-5.
The boundaries of this amendment are shown on the map entitled “Proposed R-3aa, R-
2c, R-2b Zoning Amendment-July 2010,” a copy of which shall be on file in the City
Clerk’s office.
Section 3. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3a to R-2c for the following tax parcels: 57.-3-1, 57.-3-2.2, 57.-3-
3, 57.-3-4, 74.-3-1, 74.-3-2, 74.-3-3, 74.-3-4, 74.-3-5, 74.-3-6, 74.-3-7, 74.-3-8, 74.-3-9,
74.-3-11, 74.-3-10, 74.-3-12, 74.-3-13,74.-3-14, 74.-3-15, and 77.-2-3.
The boundaries of this amendment are shown on the map entitled “Proposed R-3aa, R-
2c, R-2b Zoning Amendment-July 2010,” a copy of which shall be on file in the City
Clerk’s office.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Dotson recognized the work of Alderperson Rosario and the Planning
Department staff in taking the initiative to send information out about this legislation to
all the affected property owners, which was not legally required.
Alderperson Rosario thanked the Mayor for extending the timeline to allow for more
public feedback, and noted that he would like to have it mandated that whenever zoning
changes are proposed, affected property owners would be notified in writing.
Alderperson Myrick expressed concern about the prospect of more restrictive zoning
especially in regards to balancing the need for more rental housing units in the City.
Alderperson Zumoff stated that he would vote in opposition to this Ordinance as he
feels that it is not fair to restrict people who purchased property under a different set of
circumstances and may have certain expectations for the future use of the property.
Alderperson Rooker stated that he is also opposed to this proposed Ordinance, as he
does not feel that it is a good practice to zone without a comprehensive plan in place.
A Vote on the Ordinance Resulted As Follows:
Ayes (8) Coles, Dotson, Clairborne, Rosario, McCollister, Myrick, Cogan
Mohlenhoff
Nays (2) Rooker, Zumoff
Abstentions (0)
Carried
September 1, 2010
10
9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 196,
Entitled “Garbage and Refuse” to Disallow Use of Plastic Bags for Placement of
Yard Waste for Collection at the Curb
By Alderperson Dotson: Seconded by Alderperson Rooker
ORDINANCE NO. 10 ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 196, Section 196-3 of the City of Ithaca Municipal Code be amended as
follows.
Section 1. Declaration of Legislative Findings and Purpose
The Common Council finds that this Ordinance will protect the health and safety of City
staff in collection of yard waste, as well as help fulfill City goals and policies for reducing
environmental impacts.
Section 2. Chapter 196, Section 196-3, “Preparation and placement at curb,” sections
B & C, of the City of Ithaca Municipal Code are hereby amended as follows
(strikethrough indicates deletion, underline indications new language).
B. No person shall place any garbage at or near any curb, sidewalk or street for
purposes of collection unless that person complies with one or both of the following
requirements:
(1) Each person shall provide and utilize separate containers for disposal of
garbage. Any such containers shall be made of metal, plastic or other suitable
material, shall have tight-fitting covers, shall have handles on the top and sides
and shall be shaped so that all materials flow freely when the container is
dumped. No such container shall exceed 32 gallons in capacity, and, when filled,
no such container shall weigh more than 70 pounds.
(2) Each person shall provide and utilize disposable plastic bags for disposal of
rubbish. Any such bag shall be at least 1.5 mils thick and sufficiently strong to
contain the materials enclosed. When filled, each such bag shall be securely tied
and shall weigh no more than 50 pounds.
C. No person shall place any collectible yard wastes at or near any curb, sidewalk or
street for purposes of collection by the Department unless that person complies with
the following requirements:
(1) For purposes of disposing of collectible yard waste other than brush, each
person shall provide and utilize containers that meet the requirements of
Subsection B(1) of this section with the exception that no covers are required
and/or paper plastic bags that are sufficiently strong to contain the materials
enclosed under reasonably expected weather conditions, such as paper bags
made for temporary storage of yard waste meet the requirements of Subsection
B(2) of this section. When filled, each such bag shall weigh no more than 50
pounds. No person shall put out otherwise collectible yard wastes in plastic bags
for collection by the Department.
(2) Each person shall securely tie brush in bundles, with no individual bundle
exceeding 48 inches in length or 50 pounds in weight. No person shall put out
more than two such bundles of brush for any one collection by the Department.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Dotson noted that Working Supervisor Dan Spencer, Streets and Facilities,
has been involved in the committee meetings and has been very helpful.
Alderperson Zumoff noted that he compared the price of plastic bags ($.20) vs. paper
bags ($.70) and stated that some residents may have a difficult time with this
requirement.
September 1, 2010
11
Alderperson Rosario stated that he voted against this proposal at the committee
meeting as he feels that the language is confusing regarding the use of paper bags with
plastic coatings.
Amending Resolution:
By Alderperson Cogan: Seconded by Alderperson Dotson
RESOLVED, That section C(1) be amended to read as follows:
“C. For purposes of disposing of collectible yard waste other than brush, each
person shall provide and utilize containers that meet the requirements of Subsection
B(1) of this section (with the exception that no covers are required) and/or
biodegradable paper plastic bags that are sufficiently strong to contain the materials
enclosed under reasonably expected weather conditions, such as paper bags made for
temporary storage of yard waste meet the requirements of Subsection B(2) of this
section. When filled, each such bag shall weigh no more than 50 pounds. No person
shall put out otherwise collectible yard wastes in bags composed in any part of plastic
for collection by the Department.
Carried Unanimously
Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson McCollister
RESOLVED, That the effective date of the ordinance be November 1, 2010.
Alderperson Rosario stated that he believes there should be a longer time period before
this new ordinance would take effect.
Amendment to Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Myrick
RESOLVED, That the effective date for the ordinance be changed to January 1, 2011.
Supt. Gray stated that staff would be disappointed by the change in effective date
because they wanted it approved for this season. He further stated that staff
experiences ergonomic issues by shaking the contents of plastic bags into the truck,
and ends up inhaling and handling undesirable materials such as mold, dust, animal
waste, etc.
Alderperson Dotson explained that three warnings are provided to the public before a
ticket is issued for a violation of the ordinance.
Call the Question:
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, That the Question be Called on the Amendment to the Amending
Resolution.
Carried Unanimously
A vote on the Amendment to the Amending Resolution resulted as follows:
Ayes (4) Rosario, Clairborne, Myrick, Zumoff
Nays (6) Coles, Dotson, McCollister, Rooker, Cogan, Mohlenhoff
Abstentions (0)
Failed
Amending Resolution:
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Coles, Dotson, Clairborne, Rosario, McCollister, Rooker, Myrick
Mohlenhoff, Cogan
Nays (1) Zumoff
Abstentions (0)
Carried
September 1, 2010
12
9.5 Collegetown Resources Survey Grant - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, from December of 2007 – June of 2009 the City of Ithaca was engaged in a
planning process that culminated in the 2009 Collegetown Urban Plan and Conceptual
Design Guidelines, endorsed by the Common Council in August 2009, and
WHEREAS, in June 2009, after completion of the plan and before Council
endorsement, a report entitled Collegetown Historic Resources Worthy of Designation
was presented to the Ithaca Landmarks Commission by co-authors Mary Tomlan and
John Schroeder, and
WHEREAS, the report identifies 29 resources including Icons, Individual Buildings,
Architectural Ensembles and Landscape Features to be studied for consideration of
various treatments that would highlight, bring attention to, or protect distinctive elements
in Collegetown many of which have been overlooked, and
WHEREAS, the Collegetown Historic Resources report draws on recommendations in
the Collegetown Plan, and specifically cites the following section,
Section 5. M. “Historically significant resources within the entire
Collegetown Planning Area which merit designation as local historic
landmarks, but which currently have no such protection, should be
identified by the Ithaca Landmarks Preservation Commission and
designated by Common Council. Ideally, this process would take place
concurrently with consideration and adoption of the proposed form-based
Collegetown zoning amendments.”
WHEREAS, the Department of Planning & Development proposes to apply to the New
York State Office of Parks, Recreation and Historic Preservation Certified Local
Government Subgrant program for funds to engage a consultant to survey and
document selected historic resources pursuant to the preparation of materials which
could serve as a basis for consideration by the Ithaca Landmarks Preservation
Commission of local landmark designation, and which information could also be used
for future New York State and National Register nominations, and
WHEREAS, such subgrants are available exclusively to New York State government
entities that have received certification from the New York State Office of Parks,
Recreation, and Historic Preservation, such as the City of Ithaca, and
WHEREAS, the estimated project budget is $15,000 for which the CLG Subgrant
program guidelines recommends a local match of 40%, which can be a combination of
in-kind, services and a cash contribution, and
WHEREAS, staff is recommending a cash match of 20% of the project budget, equal to
$3,000, and in-kind contributions of City personnel professional services, and donated
volunteer research work amounting to at least 20% of the project budget; now therefore
be it
RESOLVED, That the Common Council authorizes the application for a Certified Local
Government Subgrant to survey and document selected historic resources included in
the Collegetown Historic Resources Worthy of Designation, as recommended in the
2009 Collegetown Urban Plan and Conceptual Design Guidelines, and be it further
RESOLVED, That the Common Council authorizes a cash match not to exceed $3,000
to be drawn from the 2011 City budget should the City be the recipient of a grant award
from the Certified Local Government Subgrant program.
Alderperson Dotson stated that the City’s match would come out of the 2011 budget.
A vote on the Resolution resulted as follows:
Carried Unanimously
September 1, 2010
13
RECESS:
Common Council recessed and reconvened into Regular Session at 9:00 p.m.
10. CITY ADMINISTRATION COMMITTEE:
10.1 Department of Public Works - Request for Funds for Stewart Park Small
Pavilion - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the small pavilion (Tea House) at Stewart Park is currently in a state of
disrepair, and
WHEREAS, DPW staff have estimated approximately $4,000 in funds will be needed to
perform the following:
Material Testing
Construction Materials for Shoring
Independent Evaluation of the Building including
Alternative Programs of Demolition, Rehabilitation and
Reconstruction
and,
WHEREAS, the City has established Capital Reserve #11 Parks and Recreation with a
current balance of $200,000, which can be used to provide said funding for the small
pavilion at Stewart Park; now, therefore be it
RESOLVED, That Common Council hereby authorizes the use of an amount not to
exceed $4,000 from Capital Reserve #11 Parks and Recreation to provide necessary
testing, construction materials and evaluation of the small pavilion at Stewart Park.
Discussion followed on the floor regarding the designation of the building as historic, the
use of funds to repair the pavilion given the City’s financial status, and the large
community efforts taken in preserving the park and fixing its structures. Mayor Peterson
further noted that this pavilion generates revenue through rentals.
A vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Rosario, McCollister, Zumoff, Myrick, Rooker,
Mohlenhoff, Cogan
Nays (1) Clairborne
Abstentions (0)
Carried
10.2 A Local Law to Amend the City of Ithaca Charter, Section C-33 entitled
“Acting Mayor and Alternate Acting Mayor”
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the Charter of the City of Ithaca, in Section C-33, currently provides for the
annual election by the Common Council of an Acting Mayor and Alternate Acting Mayor,
to act in the Mayor’s stead in the event the Mayor’s absence, incapacity or
unavailability; and
WHEREAS, the Common Council has determined that, due to the importance of the
working relationship and need for continuity of direction between the Mayor and the
Acting Mayor or Alternate Acting Mayor, it is most sensible and efficient for the Mayor to
select the Acting Mayor and Alternate Acting Mayor, on an annual basis, such that the
process is comparable to the Mayor’s selection of the chairpersons of Council’s
standing committees (and other, special committees); and
WHEREAS, such a change in the selection process for Acting Mayor and Alternate
Acting Mayor represents a transfer of the power to make that selection from Common
Council to the Mayor, and, as such, is subject to a mandatory referendum, pursuant to
Section 23.2.f of the Municipal Home Rule Law of the State of New York, to be
conducted at the next general election (in this case, on November 2, 2010) provided it is
not less than 60 days from the adoption hereof, or at a special election not less than 60
days from such adoption; and
September 1, 2010
14
WHEREAS, the Common Council has determined that certain other improvements
should be made to the language of Section C-33 of the City Charter, which changes are
set forth below; now therefore
Local Law ___-2010
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1:
Section C-33 of the Charter of the City of Ithaca is hereby amended (subject to
mandatory referendum by the electors of the City) to read as follows.
[Language to be deleted is stricken; language to be added is bolded and underlined.]
§C-33. Acting Mayor; Alternate Acting Mayor.
A. By the time of the first regular Common Council meeting of each year, the
Mayor shall appoint a member of the Council to serve (when needed) as
Acting Mayor until the next such annual appointment or replacement by the
Mayor. In the Mayor’s absence or in the event of a vacancy in the office of
the Mayor, the Acting Mayor shall preside at meetings where the Mayor
would normally preside, if there is no other provision for another officer to
preside at that meeting in the Mayor’s absence. In case the event that the
Mayor shall be is unable to perform the other duties of the Mayor’s office, in
consequence of due to sickness or absence and unavailability, sickness or
incapacitation, or resignation, removal or death, or if there shall be a vacancy
in the office, at the first meeting in each year or as soon thereafter as may be
practicable, the Common Council shall appoint one of its members to preside at
the meetings, and the presiding officer thus chosen the Acting Mayor shall be
vested with all the powers and perform all the duties of the Mayor of the City, -
except as provided specified in §C-33A(1), herein – until the Mayor shall
resume the duties of the office or the until any vacancy in the office of Mayor
shall be filled for the unexpired term, by election according to law. The Acting
Mayor shall not be authorized to make appointments, to remove City
officers from their positions or to cast a veto, unless the Mayor is absent or
incapacitated for more than 30 days. (1) The Acting Mayor shall not be vested
with the voting powers of the Mayor as described in Section C-30, but shall
instead exercise the voting rights afforded Council members other than the
Mayor. The officer so appointed shall be styled “Acting Mayor” and shall sign all
necessary papers with the Mayor’s name, adding thereto the words “Acting
Mayor.”
B. The Common Council Mayor may shall in the same manner and for the same
term appoint another of its members of the Common Council as Alternate
Acting Mayor, to which person shall assume the powers and perform all the
duties of the Mayor in the same manner and fashion as the Acting Mayor,
whenever the Acting Mayor is required to assume such the powers and duties of
the Mayor’s office but is unable to do so in consequence as a result of sickness
or absence from the City and unavailability, sickness or incapacitation, or
resignation, removal or death.
C. In the event of the failure of the Mayor to appoint an Acting Mayor or
Alternate Acting Mayor, as provided for above, the Common Council may
do so, which appointment(s) shall stand until the first Council meeting of
the following year.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 3. Mandatory Referendum.
This Local Law shall be submitted to a referendum at the next general election, on
November 2, 2010.
September 1, 2010
15
Section 4. Effective Date.
This Local Law shall take effect after it is approved by the electorate at the next general
election and is subsequently filed in the office of the Secretary of State.
Alderperson Cogan explained the reasons behind the decision by the Charter Review
Ad-Hoc Committee to propose these changes. He explained that the intent of the
proposal is to provide for continuity of government and to de-politicize the process for
the appointment of the Acting and Alternate Acting Mayor.
Alderperson Clairborne expressed his concerns about the proposed change, including
the need for different branches of government to have checks and balances, and the
need to change a process that has appeared to work for many years. He further stated
that he feels the proposed change dilutes the power of Common Council.
Alderperson Coles responded that there is nothing democratic about the way Common
Council elects the Acting or Alternate Acting Mayor. It is an opaque process, there is
nothing “open” about it, and the fall-out often lasts for more than a year. She further
stated that this proposed change would take away the rancor as well as an obstacle to
good working relationships between Common Council members.
Alderperson Myrick stated that currently Common Council has a disproportional amount
of power in the selection process.
Mayor Peterson stated that a survey was conducted of all cities in New York State and
this issue is handled in a variety of ways throughout the State.
A vote on the Local Law resulted as follows:
Ayes (9) Coles, Dotson, Rosario, Zumoff, McCollister, Myrick, Rooker,
Mohlenhoff, Cogan
Nays (1) Clairborne
Abstentions (0)
Carried
10.3 Determination of Public Need for Water Main Easement and Authorization
to Proceed with Its Acquisition – Resolution
By Alderperson Coles: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca owns and maintains a 20-foot-wide easement for a
municipal water main (the “Carpenter line"), which main is currently available to service
property owners along Carpenter Circle in the former Carpenter Business Park and to
the south thereof; and
WHEREAS, the Carpenter line extends through and across private property owned by
Templar, LLC (City tax parcel 36.-1-3.5) (the “Templar Property”), to the east of the
tracks of the Norfolk Southern Railroad Company; and
WHEREAS, an extension of the Carpenter line running northwesterly from its existing
route (the “Water Line Extension”) is necessary to provide adequate municipal water
service to properties located to the north and west of said railroad tracks, including but
not limited to lands owned by Cornell University that are improved by the Cornell rowing
center (City tax parcel 37.-1- 4.2) now under redevelopment, and by the New York State
Department of Transportation (City tax parcel 37.-1-1); now therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby makes the following
findings:
1. Certain properties to the north and west of the Templar Property are
without adequate municipal water service, which causes problems as to
adequacy of supply (including for fire protection purposes) and renders
their full development impracticable, and which, in turn, adversely affects
the interests of the City of Ithaca and its residents in providing adequate
municipal services to property owners, in encouraging appropriate
development of properties in the City and in enhancing the municipal tax
base.
September 1, 2010
16
2. The location of the proposed Water Line Extension lies wholly within
existing utility easements granted to New York State Electric and Gas
Corporation (“NYSEG Easements”) for high-tension electric power lines,
such that development within that area is already severely constrained.
3. In order to construct and maintain the Water Line Extension, it will be
necessary for the City to acquire a permanent easement across the
Templar Property that is approximately 100 feet in length and 20 feet in
width, together with a temporary construction easement representing
approximately 25 feet of additional width on each side of the permanent
easement, throughout the length of the permanent easement.
4. Due to the particular location and small scope of the proposed easement,
the rights sought by the City therefore are de minimis within the meaning
of Eminent Domain Procedure Law ("EDPL") §206(D) and judicial
interpretations thereof (see, Town of Coxsackie v. Dernier, 105 AD2d 966
(3d Dep't 1984), and in City of Yonkers v. Hvizd, 93 AD2d 887 (2d Dep't
1983)), by reason of the following: (i) the Water Line Extension will not
require the removal of any existing structures upon the land, (ii) the
acquisition of the easements will not interfere with the current land use,
and (iii) the NYSEG Easements already preclude construction upon the
portion of the Templar Property which would otherwise be affected by the
easement sought herein.
And be it further
RESOLVED, That, in light of the foregoing, the Mayor of the City of Ithaca and/or the
Mayor’s designee(s), upon the advice of the City Attorney, shall be and hereby are
authorized to take any and all actions as may be authorized by law, including but not
limited to negotiations for the purchase of interests in real property and/or, if necessary,
the institution of eminent domain proceedings under New York’s Eminent Domain
Procedure Law (“EDPL”), to acquire such interests, including without limitation those
interests described in Finding 3 as may be necessary to facilitate the above-described
extension of the City’s water main located at Carpenter Circle that have not already
been acquired by negotiation, and to enter into and execute such documents as may be
necessary to carry out the purpose of this Resolution, and be it further
RESOLVED, That the Mayor and/or the Mayor’s designee shall be and hereby is
empowered to employ the services of a consultant fee appraiser for these purposes.
Alderperson Zumoff questioned the timing of the resolution. City Attorney Hoffman
responded that it is important for Common Council to vote on this tonight; otherwise, a
month would be lost if this is not adopted now. He further stated that there is urgency in
this request as work is taking place now on the west side of the tracks.
Alderperson Clairborne stated that he has concerns regarding the use of the Eminent
Domain Clause in the second Resolved clause as the use of those words has negative
connotations for people. He asked if Common Council could have a special meeting, if
needed, to consider this.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Myrick
RESOLVED, That the second Resolved clause be amended to read as follows:
“RESOLVED, That, in light of the foregoing, the Mayor of the City of Ithaca and/or the
Mayor’s designee(s), upon the advice of the City Attorney, shall be and hereby are
authorized to take any and all actions as may be authorized by law, including but not
limited to negotiations for the purchase of interests in real property to acquire such
interests, including without limitation those interests described in Finding 3 as may be
necessary to facilitate the above-described extension of the City’s water main located at
Carpenter Circle that have not already been acquired by negotiation, and to enter into
and execute such documents as may be necessary to carry out the purpose of this
Resolution, and be it further”
September 1, 2010
17
Ayes (1) Clairborne
Nays (9) Coles, Dotson, Rosario, McCollister, Zumoff, Rooker, Myrick,
Mohlenhoff, Cogan
Failed
Supt. Gray stated that extensive discussions with the property owners have taken place
with little or no cooperation. He further stated that it is not only useful, but timely to
include this language now because staff has been open and honest with the property
owners throughout discussions with them. He would advise and request that the
resolution be adopted as written.
A vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Rosario, McCollister, Zumoff, Rooker, Myrick,
Mohlenhoff, Cogan
Nays (1) Clairborne
Carried
Resolution to Extend Meeting:
By Alderperson Coles: Seconded by Alderperson Myrick
RESOLVED, That the Common Council meeting be extended fifteen minutes to 10:15
p.m..
Carried Unanimously
10.4 Controller’s Report:
City Controller Thayer reported to Common Council on the following:
• 2011 Budget preparation is well underway and meetings between department
heads and the Mayor are almost complete. He stated that the Federal and State
economic status have had a negative impact on the City. The 2010 State aid to
cities will be reduced by 1% in the City’s next two payments by approximately
$27,000 each.
• There have been discussions at the State level of a property tax cap of 2-4% or a
CPI reduction.
• Sales tax revenues remain uncertain; they are currently 4.5% ahead of last year.
• Health insurance costs remain high. The Health Care Consortium project a
premium rate increase of 9-10% for 2011.
• Pension costs are increasing dramatically
• The City’s Compensation Study is being reviewed by the respective labor units.
City Controller Thayer thanked Common Council members for their participation in the
recent budget training program.
Alderperson Rosario suggested that in the future the Report from the City Controller be
placed earlier in the agenda before Common Council makes important funding
decisions.
12. NEW BUSINESS:
12.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider
Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2010 Apple Harvest
Festival – Resolution
By Alderperson Myrick: Seconded by Alderperson Dotson
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine. beer,
and hard cider tasting and sales as part of the 2010 Apple Harvest Festival; now,
therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine,
beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths
during the Apple Harvest Festival on the Ithaca Commons, October 1-3, 2010, and, be it
further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply
with all applicable state and local laws and ordinances, and shall enter into an
September 1, 2010
18
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of wine and hard cider on
the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of
Ithaca as an additional insured, and shall provide evidence of such insurance to the City
Clerk prior to the event.
Carried Unanimously
MAYOR’S APPOINTMENTS:
Examining Board of Plumbers:
By Alderperson Coles: Seconded by Alderperson Myrick
RESOLVED, That David Warden be appointed to the Examining Board of Plumbers to
fill a vacancy with a term to expire December 31, 2010.
Carried Unanimously
REPORT OF CITY CLERK:
City Clerk Holcomb read a thank you letter from the U.S. Census Bureau to Common
Council for their hard work and assistance in conducting the 2010 Census.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported on the following:
• The Crockford civil lawsuit will be handled by the City’s insurance carrier.
• The City received a discrimination complaint from the Human Rights
Commission.
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the July 14, 2010, August 4, 2010, and August 17, 2010
Common Council Meeting Minutes – Resolution
By Alderperson Zumoff: Seconded by Alderperson Myrick
RESOLVED, That the minutes of the July 14, 2010 Special Common Council Meeting
Minutes be approved with noted corrections, and be it further
RESOLVED, That the minutes of the August 4, 2010 Regular Common Council meeting
be approved with noted corrections, and be it further
RESOLVED, That the minutes of the August 17, 2010 Special Common Council
meeting be approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor