HomeMy WebLinkAboutMN-CC-1990-04-04•19 9
1 April 4, 1990
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 4, 1990
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Cummings, Johnson, Blanchard, Hoffman,
Daley, Schroeder, Peterson, Romanowski,
Golder
OTHERS PRESENT:
City Attorney - Guttman
City Clerk - Paolangeli
City Controller - Cafferillo
Deputy City Controller - Thayer
Planning and Development Director - Van Cort
Commons Coordinator - Deming
(k]
Police Chief - McEwen
Personnel Administrator - Walker
€" Building Commissioner - Datz
Fire Chief - Olmstead
Superintendent of Public Works - Thadani
EvIA Community Development Administrator - Evans
`'X Board of Public Works Commissioner - Reeves
yo k -f e(1t.i (),'Si�'
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the February 7, 1990 Common Council
Meeting
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That the minutes of the February 7, 1990 Common Council
meeting be approved as published.
Carried Unanimously
Approval of Minutes of the March 7, 1990 Common Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That the minutes of the March 7, 1990 Common Council
meeting be approved as.published.
Carried Unanimously
ADDITIONS TO THE AGENDA
Executive Session
Mayor Nichols asked for an Executive Session of Council at the
end of the meeting to discuss possible land purchase and a
personnel matter.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Review 1990 - 1991 Community Development Block
Grant
Resolution to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Peterson
RESOLVED, That the public hearing to review 1990 - 1991 Community
Development Block Grant be declared open.
Carried Unanimously
Community Development Administrator Evans gave a brief
presentation regarding the Community Development Small Cities
Application for 1990 -1991.
Anne Bookout, Executive Director of StaHome Healthcare, Inc.,
gave background information on the organization and explained
their need for this grant.
400
2
April 4, 1990
Paul Sayvetz, 201 Elm Street, made comments to Council regarding
the process for the Community Development Block Grant. He asked
that in future years there be a more active outreach for
community projects.
Lucy Brown, Chair of Ithaca Neighborhood Housing Services Board,
spoke to Council of need for these funds for the Polygon
Associates Housing Project.
Resolution to Close Public Hearing
By Alderperson Cummings: Seconded by Alderperson Daley
RESOLVED, That the public hearing to review the 1990 - 1991
Community Development Block Grant be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS
Design Review Board
Mayor Nichols requested approval of Common Council for the re-
appointment of Val Kevin Warke, 286 Midline Road, Freeville to
the Design Review Board with a term to expire December 31, 1992.
Resolution
By Alderperson Schroeder: Seconded by Alderperson Golder
RESOLVED, That this Council approves the re- appointment of Val
Kevin Warke to the Design Review Board with a term to expire
December 31, 1992.
Carried Unanimously
Housing Board of Review
Mayor Nichols reported that he has appointed Marcy Sacks, 505
Wyckoff Avenue, to the Housing Board of Review with a term to
expire December 31, 1990.
COMMUNICATIONS•
Betsey Darlington, Chair of the Conservation Advisory Council
called Beth Mulholland to the podium and read the following
dedication to her:
"Beth Mulholland has been named the recipient of the Conservation
Advisory Council's Spring Commendation, for her many
accomplishments on behalf of hikers, wildflowers, and wildflower
lovers. Beth was instrumental in getting the Six -Mile Creek area
designated as a wildflower perserve. She has served on a variety
of City committees, but most notably, Beth was, and is, the
guiding light behind Circle Greenway, the system of trails and
paths - -some still being developed - -that encircle the City of
Ithaca.
Beth has led numerous wildflower walks in the preserve, and we
have her to thank for keeping the Wildflower Preserve trails free
of litter. She as well as other Circle Greenway committee
members walk the trails frequently and pick up the rubbish left
by others.
Given her love of wildflowers and her dedication to improving the
opportunities for all of us to enjoy them Spring seems an
especially appropriate time for thanking Beth Mulholland for all
she has done for the community over so many years."
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Fall Creek Recreational River Designation
The following persons addressed Council in favor of the Fall
Creek Recreational River designation:
Sarah Jane Bokaer
John Bokaer
David Weinstein
Mark Finkelstein
Betsey Darlington
Guy Gerard
- 417 Linn Street
- 417 Linn Street
- 51 Freese Road, Freeville
- 210 Lake Street
- 204 Fairmount Avenue
- 140 College Avenue
401
We surmise that the responsibility for this mistake lies with
(rtf4Y the construction crew who enlarged the Marina in 1984 and who
s dredged to the wrong line on State Parks working drawing 11026.
Instead of dredging 50 feet from a line which represented the
.. -¢y planned top of the Marina bank as they were directed to do, they
dredged exactly to that line, which not only represents the top
of the bank but also the boundary line of the Festival Lands.
<X This means that the riprap at the water edge, and the slope of
the bank (which takes a good 20 feet), and the marina light poles
sited further back from the top of the bank, all intrude onto the
Festival Lands.
The intersting thing about this mistake is that the distance
between the last pier (Pier 6) and the top of the marina bank now
is 104 feet. The proposed plans for marina expansion call for a
distance of about 110 feet from pier 6 to bulkhead. (Bulkheads,
as you know, drop directly down at right angles.) We suggest
that State Parks modify their planned distance of 110 feet by 6
feet and drop their bulkhead down from the top of the present
marina bank, which would give them a distance of 104 feet from
the pier. At the eastern end of the marina the distance between
the bulkhead and Pier 1 is only 97 feet, between Piers 4 and 5,
only 82 feet, and between Piers 5 and 6, 105 feet. Incidentally
some of the biggest boats were moored in 1989 at the eastern
bulkhead - 5 boats 45 feet in length and two boats 50 feet in
length.
In short, State Parks has already appropriated the amount of the
Festival Lands that it needs to carry out its proposal to enlarge
the marina. And the City has thus already fulfilled the terms
outlined in the March 21, 1985 contract signed by the Mayor.
Now to the other two items. First, in an August 25, 1989 letter
to the Mayor, Andy Mazzella, Director of Fingerlakes State Parks,
said that the present Marina "is hardly a rich man's yacht club"
and cited as proof that "there are only 8 boats in the marina or
2% of the total slips which are occupied by boats of 40 feet or
more ". But according to State Parks personnel in charge of
leasing the marina slips there are more than five times that
(Wool number -- there are in fact 43 slips for boats 40 feet or more in
length.
Secondedly,it has come to our attention that Larry Fabbroni as
BPW liaison to the newly appointed Parks Commission has
incorrectly informed them both at meetings and in a March 9, 1990
memorandum that the City has already agreed to transfer the
Festival Lands to State Parks. The Parks Commission was given,
as evidence of this incorrect assertion, a copy of the October 4,
1989 resolution which, in its first clause, incorrectly states
that the City had signed the March 21, 1985 contract to transfer
Festival Lands to State Parks, whereas in fact only the Mayor
signed, and whereas the contract specifically states it is
contingent on Common Council and State approval, neither of which
3
April 4, 1990
Lois Darlington - 409 Lake
Street
Alfredo Rossi - 409 Lake
Street
Margaret Fabrizio - 213 King
Street
State Marina
Doria Higgins, representing Citizens
to Save
Our Parks, read the
following statement to Council:
(4woll
"There are three items we'd like to bring to your attention
tonight - -two very briefly which we'll leave to the last, and the
third in somewhat more detail.
We have just discovered that the
part of the Treman Marina
already extends into the City owned
Festival
Lands by at least 20
feet. This distance is sufficient for State
parks to enlarge the
Marina as planned.
We surmise that the responsibility for this mistake lies with
(rtf4Y the construction crew who enlarged the Marina in 1984 and who
s dredged to the wrong line on State Parks working drawing 11026.
Instead of dredging 50 feet from a line which represented the
.. -¢y planned top of the Marina bank as they were directed to do, they
dredged exactly to that line, which not only represents the top
of the bank but also the boundary line of the Festival Lands.
<X This means that the riprap at the water edge, and the slope of
the bank (which takes a good 20 feet), and the marina light poles
sited further back from the top of the bank, all intrude onto the
Festival Lands.
The intersting thing about this mistake is that the distance
between the last pier (Pier 6) and the top of the marina bank now
is 104 feet. The proposed plans for marina expansion call for a
distance of about 110 feet from pier 6 to bulkhead. (Bulkheads,
as you know, drop directly down at right angles.) We suggest
that State Parks modify their planned distance of 110 feet by 6
feet and drop their bulkhead down from the top of the present
marina bank, which would give them a distance of 104 feet from
the pier. At the eastern end of the marina the distance between
the bulkhead and Pier 1 is only 97 feet, between Piers 4 and 5,
only 82 feet, and between Piers 5 and 6, 105 feet. Incidentally
some of the biggest boats were moored in 1989 at the eastern
bulkhead - 5 boats 45 feet in length and two boats 50 feet in
length.
In short, State Parks has already appropriated the amount of the
Festival Lands that it needs to carry out its proposal to enlarge
the marina. And the City has thus already fulfilled the terms
outlined in the March 21, 1985 contract signed by the Mayor.
Now to the other two items. First, in an August 25, 1989 letter
to the Mayor, Andy Mazzella, Director of Fingerlakes State Parks,
said that the present Marina "is hardly a rich man's yacht club"
and cited as proof that "there are only 8 boats in the marina or
2% of the total slips which are occupied by boats of 40 feet or
more ". But according to State Parks personnel in charge of
leasing the marina slips there are more than five times that
(Wool number -- there are in fact 43 slips for boats 40 feet or more in
length.
Secondedly,it has come to our attention that Larry Fabbroni as
BPW liaison to the newly appointed Parks Commission has
incorrectly informed them both at meetings and in a March 9, 1990
memorandum that the City has already agreed to transfer the
Festival Lands to State Parks. The Parks Commission was given,
as evidence of this incorrect assertion, a copy of the October 4,
1989 resolution which, in its first clause, incorrectly states
that the City had signed the March 21, 1985 contract to transfer
Festival Lands to State Parks, whereas in fact only the Mayor
signed, and whereas the contract specifically states it is
contingent on Common Council and State approval, neither of which
02
4 April 4, 1990
has been given. We think it is a reflection on the honor and
integrity of this body that you permit this falsehood to remain
in a City document -- especially so when that falsehood is being
manipulated for political purposes. Citizens to Save Our Parks
thinks it imperative that the first clause in the October 4, 1989
resolution concerning the Festival Lands be either rescinded or
corrected. Otherwise, newcomers to Common Council will
incorrectly assume the resolution is correct and incorrectly
assume the City is already obligated to State Parks in this
matter and vote under this misapprehension."
Northside Park
Bryan Isacks, President of the Northside /Cascadilla Creek Civic
Association, addressed Council regarding the City's purchase of
the Pogo Parcel so that a park can be created there. He stated
that the Association will work enthusiastically with the City to
secure funding for the land and for the park. He urged Council
to vote tonight to save that green space. The neighborhood
believes the City will win State funding but if we wait and the
land gets developed, it will be too late.
Laura Kreidler, 202 Madison Street, spoke to Council regarding
Northside development, housing in the area, and the need for a
park in that area. She asked that Council vote to purchase the
land behind the P &C food market.
David Nutter, Interim Parks Commission member, stated that the
Parks Commission urges the City to purchase the Pogo Parcel in
part for a park in order to increase the amount of park land
within the City.
Mr. Nutter urged the Council to support a plan to incorporate
bicycles in plans for city projects, especially streets.
Mr. Nutter asked Council to amend the letter which is being sent
to State Parks regarding their environmental impact statement on
the expansion of the Marina to include an analysis of impacts on
all wildlife, not just the endangered species.
Parking in Collegetown
Mr. David Hawxhurst, 111 Dryden Road, spoke to Council on the
parking situation in Collegetown. He presented a petition
regarding the fees that are being charged to residents in that
area for parking. He urged Council not to change the ordinance
regarding parking that is on tonight's agenda.
Cornell University Vending Program
Alice Lindholm, Cooks Falls, NY, addressed Council on the matter
of transient merchant permits to sell goods within the City of
Ithaca. She explained that she is part of a group of people who
are contracted through Cornell with Willard Straight Hall to help
raise money for a student group on campus. She said that they
are professional people and have been doing this for five years.
Mrs. Lindholm stated that they have sales tax certificates and
they operate legally everywhere. They were closed down today by
the Ithaca Police because they did not have a transient merchant
permit for the City of Ithaca.
Mrs. Lindholm explained that the vendors help the student groups
raise a lot of money. She did not believe they compete with the
merchants in the City since they only come to the University once
a semester for three days. Mrs. Lindholm stated that the vendors
paid for the space, they are contracted for three days in the
space. She asked that the City allow the vendors to complete
their sale tomorrow with the idea between this time and the time
they are supposed to do their next show that Cornell and the City
work out the problem.
0
19
403
5 April 4, 1990
Mayor Nichols explained to Mrs. Lindholm that about a month ago
several merchants came to him complaining about sales going on in
Willard Straight Hall. The City does have an ordinance regarding
transient merchant permits. At that time, he wrote a letter to
David Stewart at Cornell explaining the procedure and asking him
to see that it was stopped unless these merchants obtained the
correct permit. Mr. Stewart replied that he would inform the
Cornell authorities and see that it would not happen again.
Mayor Nichols stated that when he found out today that sales were
again going on, he sent the Police officers to Willard Straight
Hall. He explained to Mrs. Lindholm that if she wishes to come
to City Hall in the morning to apply for a permit in the proper
way, he is certain it will be issued.
Mayor Nichols stressed that this law applies to any transient
vendor in the City of Ithaca whether they are here for one day,
three days or whatever and whether they are at Cornell or
(i anywhere else in the City. The City is going to see that the
ls� City's laws are enforced.
r--
�a1 Fall Creek Designation
David I. Stewart, Director of Community Relations at Cornell
Wl University, referred to a letter that he had passed out to
< Council members and the Mayor regarding the designation. He
stated that Cornell is not in opposition to the designation.
Mr. Stewart stated that the conditions as stated in the letter
are very important because Fall Creek is the source for Cornell
University's water supply. There are many activities that are
related to the maintenance of that system and to the chilled
water and other systems in Fall Creek and Beebe Lake that could
Q00" be jeopardized if the provisos that Cornell has asked for are not
included in the legislation.
RESPONSE TO PUBLIC:
Criticism of Building Department
Alderperson Booth referred to the criticism that has been going
on in recent months regarding the Building Department. He thinks
the criticism is unfair, unreasonable and they are undermining an
important City effort to make sure that the public health and
safety of the residents of this City, both now and in the future,
are protected.
Alderperson Booth stated that it is important to be clear about a
few things in respect to the City Building Code. The first is,
it is a State mandated code that the City is required by law to
enforce and that is what the City of Ithaca has chosen to do and
he thinks that they have chosen to do it in a very proper
fashion. Secondly, a strongly enforced Building Code is
essential to the economic well -being of this City, both now and
in the future, and to the economic and social and personal health
and safety of our residents.
Alderperson Hoffman, in reference to Mr. Nutter's concern about
the environmental impact statement regarding the wildlife at the
State Marina, stated that a letter has been sent to the State
asking them to take into consideration all wildlife in that area,
not just the threatened or endangered species.
Transfer of
Land
Alderperson
Romanowski explained the time
frame and
how steps
were taken
the license
regarding the transfer of Festival Lands.
expires on May 1, 1990. There will be an
He stated
opportunity
to vote on
the license renewal if Council
decides to
do so. He
further said
that is when any misjudgment,
misstatement or error
in procedure
can and will be corrected.
Alderperson Hoffman, in reference to Mr. Nutter's concern about
the environmental impact statement regarding the wildlife at the
State Marina, stated that a letter has been sent to the State
asking them to take into consideration all wildlife in that area,
not just the threatened or endangered species.
404
n
Parking in Collegetown
Alderperson Schroeder, in answer to
does not believe there is any member
to eliminate parking in Collegetown.
April 4, 1990
Mr. Hawxhurst, stated that he
of Common Council who wishes
Alderperson Golder extended an invitation to anyone who has
concerns regarding parking in Collegetown and other issues that
affect the fourth ward. to a meeting of fourth ward residents on
April 5, 1990 at 7:30 p.m. at 111 Oak Avenue.
REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following:
Fall Creek Designation - The designation for Fall Creek
was discussed today at the Board of- Public Works Committee of the
Whole meeting. An informal vote was taken with the results being
5 in favor and 1 opposed to designation. There were 4 members
opposed to broadening the designation to include Stewart Park and
the Golf Course. There is some real concern about that for the
future of the park and the golf course. What the Board is doing
in essence, is endorsing the plan as it appears on the map.
Traffic Enforcement Officer - At the Board of Public Works
meeting on March 28, 1990 a resolution was passed endorsing this
particular position.
Trash Tags for Low Income Residents - It was Commissioner
Reeves understanding that this matter was to go before the Board
for discussion and recommendation before it went to Council. She
stated that although the Board approves of this the Board has not
yet formally voted on this issue.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16.1 1990 Work Program for the Department of Planning and
Development
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the City of Ithaca Administrative Code requires that the
Department of Planning and Development submit for approval a
work program showing planned activities for each calendar year
for approval by Common Council, and
WHEREAS, the Department's proposed 1990 Work Program has been
reviewed by the Planning and Development Committee, now,
therefore, be it
RESOLVED, That Common Council does hereby approve the Department
of Planning and Development 1990 Work Program.
Discussion followed on the floor regarding development of the
Southwest area of the City. Alderperson Cummings remarked that
she believed it was irresponsible not to include adequate staff
time to pursue this pressing need. She therefore, could not
support this resolution.
A vote on the resolution resulted as follows:
Ayes (8) - Hoffman, Peterson, Schroeder, Golder, Booth,
Romanowski, Blanchard, Johnson
Nays (2) - Daley, Cummings
Carried
* 16.2 Community Development Application 1990 - 1991 CD Small
Cities Application
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, Common Council recognizes the need to continue efforts
which enhance and preserve residential neighborhoods, promote job
creation and retention, and improve community facilities, and
•7 April 4, 1990
WHEREAS, the Planning and Development Committee has reviewed the
proposed Community Development Grant application as adopted by
the Ithaca Urban Renewal /Community Development Agency and
endorsed by the Planning and Development Board and the Planning
and Development Committee of Common Council; now, therefore be it
RESOLVED, That the Common Council approve the 1990/1991 Community
Development Block Grant Small Cities budget and programs as
recommended by the Ithaca Urban Renewal /Community Development
Agency, and be it further
RESOLVED, That the Mayor be and hereby is authorized and directed
to sign upon advice of the City Attorney and the Director of
Planning and Development any and all instruments necessary to
submit the City's 1990/1991 Community Development application to
the United States Department of Housing and Urban Development.
Amending Resolution
Alderperson Booth moved to delete the portion of the application
that deals with Eddy Street Cooperative Market, Inc.
The amending resolution was not seconded.
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (8) - Peterson, Johnson, Cummings, Daley, Golder,
Schroeder, Romanowski, Blanchard
Nay (1) - Booth
Abstention (1) - Hoffman (conflict of interest)
Carried
* 16.3 Fall Creek Recreational River Boundaries
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, Common Council has endorsed the designation of Fall
Creek as a Recreational River, on April 5, 1989, and reaffirmed
its support on October 4, 1989, and
WHEREAS, the Fall Creek Conservation Committee has proposed
certain boundaries, within the City of Ithaca, for said
designation, and
WHEREAS, State Assemblyman Martin Luster has asked Common Council
to specify what boundaries it supports for designation, and
WHEREAS, the Planning and Development Committee of Common Council
conducted a public hearing on the proposed boundaries for
designation on March 8, 1990; now, therefore, be it
RESOLVED, That Common Council endorses the boundaries as shown on
the map entitled "Map of Fall Creek Recreational River
Boundaries ", and be it further
Alderperson
Hoffman requested permission
to be excused from both
the discussion and the vote on this issue
since he has a conflict
.?
of interest.
For 15 months he served on
the Board of Directors
IS
of the Eddy
Street Co -op, which is a
non - profit organization
included in
the economic development components of this project.
that
In addition,
he is one of two co- signers
on a $15, 000 loan
E•.�
the co -op received
last year. Alderperson Hoffman stated that he
would like
Alderperson Booth to handle
the discussion of the
resolution.
Discussion
followed on the floor
with statements from
Alderpersons
Booth and Cummings.
Amending Resolution
Alderperson Booth moved to delete the portion of the application
that deals with Eddy Street Cooperative Market, Inc.
The amending resolution was not seconded.
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (8) - Peterson, Johnson, Cummings, Daley, Golder,
Schroeder, Romanowski, Blanchard
Nay (1) - Booth
Abstention (1) - Hoffman (conflict of interest)
Carried
* 16.3 Fall Creek Recreational River Boundaries
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, Common Council has endorsed the designation of Fall
Creek as a Recreational River, on April 5, 1989, and reaffirmed
its support on October 4, 1989, and
WHEREAS, the Fall Creek Conservation Committee has proposed
certain boundaries, within the City of Ithaca, for said
designation, and
WHEREAS, State Assemblyman Martin Luster has asked Common Council
to specify what boundaries it supports for designation, and
WHEREAS, the Planning and Development Committee of Common Council
conducted a public hearing on the proposed boundaries for
designation on March 8, 1990; now, therefore, be it
RESOLVED, That Common Council endorses the boundaries as shown on
the map entitled "Map of Fall Creek Recreational River
Boundaries ", and be it further
406
0
April 4, 1990
RESOLVED, That Common Council respectfully requests Assemblyman
Martin Luster and Senator James Seward to develop appropriate
legislation to facilitate the timely designation of Fall Creek,
within the City of Ithaca, as a Recreational River, and be it
further
RESOLVED, That the Mayor of the City of Ithaca be directed to
inform the New York State Legislature and the New York State
Department of Environmental Conservation that the Common Council
of the City of Ithaca does not support any interim or final
boundaries that are more extensive within the City of Ithaca than
those shown on the map, and be it further
RESOLVED, That Common Council requests that such legislation
specify that the "interim boundaries" for Fall Creek designation,
if any are required, be no more extensive than the final
boundaries as shown, in order to avoid unnecessary hardship and
confusion for nearby property owners.
Alderperson Hoffman suggested that the second Whereas clause be
replaced with Cornell wording as follows: "WHEREAS, the Fall
Creek Conservation Committee and Cornell University, a major
affected private land owner, have proposed certain boundaries,
within the City of Ithaca, and certain other conditions as set
forth below for said designation, and"
No Council member objected and the Whereas Clause above was
accepted to replace the Second Whereas Clause in the original
resolution.
Alderperson Hoffman suggested that the third Resolved of the
resolution be deleted.
Alderperson Hoffman explained the reason for deleting this
Resolved clause and discussion followed on the floor. It was
the consensus of Council that that Resolved clause should be left
in the resolution.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLVED, That a final Resolved clause (which is the language
from Cornell) be added as follows: "RESOLVED, That Common
Council requests that such legislation specify that no
classification or other treatment of Fall Creek which may occur
as the result of Recreational River designation, shall
automatically serve to restrict or prohibit utility or similar
facilities support- related systems or activities of the Land
Grant Institution of the State, Cornell University, in
furtherance of its educational purposes, located upstream of the
designated area of Fall Creek, including but not limited to the
operation of its chilled water plant, water filtration plant (and
intakes for the same and for its hydroelectric plant and the
necessary dredging of intake areas), storm water drains, utility
lines, and foot bridges which might otherwise be permitted but
for the Recreational River designation."
Discussion followed on the floor on the amendment.
Alderperson Hoffman clarified that the language of the amendment
refers to activities outside the designation. Cornell is
concerned that in some cases, recreational river designation may
restrict activities they may wish to pursue outside the
designated area, such as withdrawal of water or discharge.
Alderperson Daley stated that he has a memo from the City
Attorney in which he refers to very similar language that has
been submitted to Cornell and are awaiting a response from them.
40
9 April 4, 1990
City Attorney Guttman stated that the language in that memo is
the language that was worked on originally and his understanding
is that the language that is in that memo to Council was
submitted to Shirley Egan and the language which Alderperson
Hoffman has just moved was the response from Shirley Egan. He
said that he believes the major difference is the word
"activity ".
Alderperson Daley asked City Attorney if he sees any legal
(400", reason why the Council should be concerned with the inclusion of
the word "activity".
City Attorney Guttman responded that he thinks the word
"activities" broadens the intent of this paragraph. This only
has to do with activities which take place upstream, outside of
the designation and the intent of this is that if DEC is deciding
whether to permit this, that they would use a balancing test not
automatically excluded.
(_0 David Stewart, Cornell University Director of Community
C; Relations, stated to Council that the word "activities" is broad
but in this context that we are talking about it, it is the type
of activities that need to take place on a fairly regular basis
to maintain the systems that deal with chilled water and with the
public water supply. Fall Creek itself all the way back up
several miles is part of the area of the watershed for Cornell's
public water supply. Mr. Stewart stated that they have to do
some dredging behind the dam where their water intake is, they
have to do dredging further down in Beebe Lake where there is
intake for the chilled water system, and for the existing
hydropower plant. Those are the activities that Cornell is
talking about.
Mr. Stewart further stated that the way that the designation
reads is that it automatically prohibits activities that are now
permitted but for which you must apply. Cornell is not saying
that they can automatically do something. They would still have
to go through a permitting process through DEC but one section of
environmental conservation law cancels out the other section
because of the way the designation wording and the designation
sections of State law exist. He said that Cornell wants to avoid
that jeopardy of being prohibited automatically - that is the
real concern.
Alderperson Schroeder read the following from a memorandum from
City Attorney Guttman to the Mayor and members of Common Council,
dated April 3, 1990 and expressed the opinion that this language
is more understandable than the language from the Cornell
resolution:
"Resolved, That Common Council request that such legislation
specify that no classification or other treatment of Fall Creek
which may occur as a result of Recreational River designation,
shall serve to restrict or prohibit utility or similar
facilities - support related activities of Cornell University in
furtherance of its educational purposes, located upstream of the
(600" designated area of Fall Creek, which would otherwise be permitted
but for the Recreational River designation."
City Attorney Guttman stated that there is a difference between
that language and the language that is before the Council now.
The language which Alderperson Hoffman has moved establishes the
balancing test, the designation does not automatically prohibit
something. The language which Alderperson Schroeder just read is
the language that Cornell proposed originally and he thinks the
intent of that language would be that no classification would
serve to restrict and therefore if the DEC was going to grant a
permit they would not consider designation.
408
10 April 4, 1990
Amendment to the Amending Resolution
By Alderperson Golder: Seconded by Alderperson Daley
RESOLVED, That in Alderperson Hoffman's amending resolution
the fourth line shall read as follows: "shall serve to restrict
or prohibit utility or similar facilities- support - related systems
or facilities support related activities of the land grant
institution, etc."
Alderperson Golder's amendment to the Amending Resolution was
accepted and therefore will become a part of the Amending
Resolution.
Alderperson Booth
Amending Resolution
not limited to the
filtration plant
hydroelectric plant
storm water drains,
suggested moving the parenthesis in the
thus: "area of Fall Creek (including but
operation of its chilled water plant, water
and intakes for the same and for its
and the necessary dredging of intake areas,
utility lines, and foot bridges)," etc.
The moving of the parenthesis was accepted by the Council.
The Amending Resolution shall read as follows:
"RESOLVED, That Common Council requests that such legislation
specify that no classification or other treatment of Fall Creek
which may occur as the result of Recreational River designation,
shall serve to restrict or prohibit utility or similar
facilities- support - related systems or facilities- support- related-
activities of the land grant institution of the State, Cornell
University, in furtherance of its educational purposes, located
upstream of the designated area of Fall Creek (including but not
limited to the operation of its chilled water plant, water
filtration plant and intakes for the same and for its
hydroelectric plant and the necessary dredging of intake areas,
storm water drains, utility lines, and foot bridges), which might
otherwise be permitted for the Recreation River designation."
J,6 z, ft� thy)
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Alderperson Hoffman stated that the resolution needs to refer to
the boundary description prepared by the City Attorney. He
suggested that in the First Resolved, the following be added
after the word "boundaries" - -- "and described in the boundary
description, dated April 4, 1990," etc.
No Council member objected, therefore, the wording was added to
the First Resolved.
Alderperson Hoffman suggested for the sake of saving time, that
he point to the changes that were made since the Planning
Committee meeting and since the public hearing. He referred to a
map on the wall and explained the boundaries, specifically in the
Stewart Park area as they have been endorsed by the citizens
group and accepted by Cornell University.
Alderperson Booth referred to the last Resolved clause that was
added to the resolution. He asked City Attorney Guttman if the
City knows what the likely reaction is of the State of New York,
namely DEC, to that last Resolved.
City Attorney Guttman stated that we do not know their reaction
yet. The Resolved was worked out this week and we do not have
any knowledge of whether DEC will accept that or what their
reaction will be at this point.
Alderperson Booth suggested that the record reflect that the
Council directs the Mayor to advise Assemblyman Luster that while
the City supports this being added to the legislation, that if
the State can't support that, the City would still like the
I Wn
10! J
11
April 4, 1990
boundaries to go forward. He stated that he is raising the
possibility that the State of New York may object to the Last
Resolved because it raises, potentially, some implications for
them for this river system.
City Attorney Guttman agreed with Alderperson Booth that that
should be made a part of the record. No Council member objected.
Mayor Nichols stated that he will act on this recommendation and
so advise Assemblyman Luster.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Hoffman
RESOLVED, That in the Fourth Resolved Clause, after the word
"specify" in the second line, there be a 1) added. At the end of
the sentence, "after nearby property owners ", a semi -colon be
inserted and the following wording be added: 112) that
responsibility for administration of the designated area be
C\j delegated to an appropriate agency of the government of the City
of Ithaca. ", and etc.
Attorney Guttman suggested that Alderperson Daley's amendment be
added as a separate Resolved paragraph.
Discussion followed on the floor on the amendment.
Alderperson Daley agreed to the make his amendment a separate
Resolved to read as follows: "RESOLVED, That Common Council
requests of the Department of Environmental Conservation that
responsibility for the administration of the designated area be
delegated to an appropriate agency of government of the City of
Ithaca."
(Woo., Council concurred, therefore the separate Resolved was added.
Alderperson Schroeder suggested that in the second Resolved
clause, after the words "City of Ithaca ", the following be added:
"specifying the boundaries endorsed above ", as a ...etc.
No Council member objected, therefore, the wording was added to
the second Resolved.
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Booth
RESOLVED, That Stewart Park (but not the Golf Course) be included
in the boundaries for designation.
Discussion followed with Alderpersons Blanchard, Peterson, Daley,
and Golder stating pros and cons of including Stewart Park in the
designation for the Recreational River.
Margaret Fabrizio, member of the (Fall Creek Conservation
Committee, suggested that for the south boundary of that area the
Railroad track on the west side of the Youth Bureau would be a
good marker to use as a boundary line.
The wording for Alderperson Peterson's amendment was changed to
read as follows: "That the portion of Stewart Park located
northerly of Fall Creek and westerly of the Railroad tracks shall
be included within the boundaries, and be it further"
A vote on the amendment resulted as follows:
Ayes (7) - Johnson, Booth, Schroeder, Daley, Peterson,
Hoffman, Golder
Nays (3) - Blanchard, Romanowski, Cummings
Carried
410
12
April 4, 1990
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That all of the remainder of the Golf Course, not
already included, be included in the boundary, and that the City
Attorney is directed to adjust the boundaries accordingly.
Board of Public Works Commissioner Reeves stated that the main
objection of the Board to that suggestion was that they did not
want to restrict future possible expansion of the Golf Course.
Discussion followed on the boundaries of the Golf Course and
inclusion of this land for designation.
Alderperson Booth quoted from the City Charter regarding
boundaries. He stated that City regulations define the Golf
Course as part of Stewart Park in Section 241.21.
Further discussion followed on the floor.
Alderperson Booth added the following words to his amendment:
"That this motion does not include any existing Department of
Public Works building south of Pier Road, and the City Attorney
is directed to draw the boundaries accordingly."
Alderperson Booth stated that his intention is not to include any
existing Department of Public Works working facility but it is to
include any building that is on what we typically think of as the
Newman Golf Course.
A vote on Alderperson Booth's amending resolution resulted as
follows:
Ayes (5) - Peterson, Schroeder, Johnson, Golder, Booth
Nays (5) - Blanchard, Romanowski, Cummings, Daley, Hoffman
Mayor Nichols voted Nay, breaking the tie
Motion Fails
Mayor Nichols stated that in the interest of getting a stronger
support for the designation he had voted Nay.
r Alderperson Romanowski asked that his remarks become a part of
the record. He stated that he wished to commend Margaret
Fabrizio and others for the hard work that has been done on this
legislation but he has always been very uncomfortable with the
State government's involvement. In any land use regulation, and
he believes local zoning is more than adequate for this,
zlEonight's'Elee*s2�an on this particular resolution has more than
reinforced his thoughts about this. He also finds it
interesting that Cornell is approving this designation but
exempting much of its activity within the boundaries.
Alderperson Romanowski further stated that the City Attorney has
answered his question about DEC - that if they grant us local
authority in this and they don't like the decisions, they are
going to take it back.
Alderperson Romanowski commented that if a Council member decides
to vote against this resolution, he thinks they are being
characterized as insensitive and despoilers of nature and
wildlife, in allowing all matter of toxic materials to be dumped
into the stream. He stated that he is worried about the private
citizens who live along this stream and the impact this
legislation will have on them and the enjoyment of their long
held property.
0
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19
ill,
13 April 4, 1990
Alderperson Romanowski stated that he does not hear too much
about local conservation efforts done by the City of Ithaca,
like bank stabilization projects. The main key also missing is
the active participation of Dryden and the Town of Ithaca, whose
impacts on this stream are infinitely greater than the City of
Ithaca can ever inflict.
Alderperson Romanowski stated that lastly, the proposed purpose
of this resolution is to prevent the building of a hydropower
plant at the Fall Creek site. In the short run, this will
probably be accomplished but if there ever is a major energy
crisis in this country, rest assured that this site will be
reconsidered, deregulation or designation or not - we will have a
hydropower site if the country needs power. He thinks that,
tonight, anybody looking at this legislative effort and what is
being done on the floor of Council, should be very afraid of it.
Alderperson Romanowski stated that he was intending to go along
C`i_► with the original boundaries, he understands people wanting to
protect a natural resource, but the citizens for the last 200
a. years have done a fairly decent job of doing that along Fall
Creek and the other creeks and streams in this area. He stated
that he worries about the impact this is going to have on future
try generations and he worries a tremendous amount about imposing
State regulations on what should be a local concern.
Alderperson Blanchard stated, for the record, that she thinks it
is real easy to support these kind of good environmental things.
It is a lot harder to question them and if you do question them,
you are cast as a very negative person.
Alderperson Blanchard stated that her remarks come from over 24
years as a professional planner, involved as Alderperson Booth
has been, in a number of regulatory programs with the State of
New York. She stated that the thoughts she has have been
developed over the past three weeks with conversations with a
number of people. She has spoken with the administrator of the
program in Albany and his chief lieutenant, she has spoken with
two DEC officers who administer the Recreational Rivers Program
in a lower Hudson DEC region. She visited their office and
visited a river that has been designated as a recreational river
- very successfully. She has also spoken with people in the Town
of Riverhead, who have had a fairly gruesome experience with the
river designation. In proceeding with this legislation, which was
originated in opposition to hydropower, it is her view that we
are using this rivers act to really subvert the legislative
intent. This was not the legislators purpose in passing this
legislation. It is really a misapplication of State law. She
stated she does not find that acceptable from an ethical
standpoint.
Alderperson Blanchard said that if protection of Fall Creek was
really the issue here as opposed to hydropower, there is the
Federal Clean Water Act, we have a number of other Federal
statutes that refer to clean air, we have State laws that refer
to the polluting of streams, stream protection laws, pure waters
act, SEQR, other State statutes that include flood control, fresh
water wetlands, plus our own local County Health Department laws,
so we have plenty of legislation that takes care of Fall Creek.
Alderperson Blanchard referred to the matter of river corridors
that was mentioned by Mr. Weinstein earlier in the meeting. She
does not find anything in any of the material that we have been
presented with that indicates that there has been any scientific
approach to designating a river corridor, that there has been any
sort of accurate mapping, that there has been any sort of a
process that would be normally acceptable in good planning
standards to come to this boundary. She stated that she is very
troubled by our involvement with DEC and how this works when you
are talking about local land use matters. The legislation says
that within one year of an interim boundary designation, there
49
14 April 4, 1990
will be a final boundary designation. What she found was that in
Riverhead, the interim boundary designation, which has been very
painful for that community, has been in place for two and a half
years. They had their public hearing last March; they were
promised a final boundary designation by December and it has not
arrived yet. The river that she did visit that was a successful
recreation river is the Shawangunk Kill, which is south of New
Pulse-. It is a very different situation; it is totally rural in
an agricultural area. They have had their interim boundary
designation for 9 years. She stated that she finds it very
discomforting when the laws says one thing and the actualities
are so different.
Alderperson Blanchard stated that we have been promised local
control. From her research she has learned that none of the
communities that have designated rivers have local control.
Alderperson Blanchard quoted from a DEC report as follows: "The
effects of designation as a Recreational River would provide for
more stringent zoning by the State to be administered by DEC."
She said that is the bottom line. She stated that if this is
what everyone wants to do, we should all understand it. She
relayed to Council a few of the things people had said to her on
the phone: "The town had drawn up their own plan but after DEC
studied it they expanded it. If you pass this you lose control.
A public hearing after a law is enacted is a big joke. The
determination will be made in Albany." "The regulations are
short - sighted, contradictory and restrictive. They lock an area
into current use even if misused." Finally, the last person she
talked with stated: "It is scary how DEC ignores you after they
have achieved river designation."
Alderperson Blanchard stated that there is no way she can support
the designation after she has spent all this time getting the
other side of the story. She said that does not make her a
defiler of Fall Creek, she sincerely hopes that it will remain
the way it is, but she thinks the risk that the City is taking
here far outweigh any of the possible very nebulous benefits.
Alderperson Cummings stated she agrees that we need energy
conservation and she would support an underground environmentally
non - obtrusive plant on Fall Creek. She does not think that this
particular river designation is going to provide the long term
protection of prevention of hydropower that its advocates hope
that it will. She shares the belief of Alderperson Romanowski,
that within ten or twenty years, perhaps less, there will indeed
be hydropower development at that Falls, regardless of what we
pass here tonight.
Alderperson Cummings stated that she is going to vote for this
because she thinks that it may provide the incentive to do
further upstream designation. If there is some possibility that
our taking this action downstream could bring the towns upstream
into supporting designation she is willing to take that chance
because that is the part of the stream that needs protection.
She stated that she sincerely hopes that these people who have
worked so hard for designation will work just as hard to make
sure that 1) regulation is workable and sane in this community
and 2) will work just as hard to carry this designation where it
should be which is upstream.
J
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413
15 April 4, 1990
The Main Motion as Amended shall read as follows:
WHEREAS, Common Council has endorsed the designation of Fall
Creek as a Recreational River, on April 5, 1989, and reaffirmed
its support on October 4, 1989, and
WHEREAS, the Fall Creek Conservation Committee and Cornell
University, a major affected private land owner, have proposed
certain boundaries, within the City of Ithaca, and certain other
conditions as set forth below for said designation, and
WHEREAS, State Assemblyman Martin Luster has asked Common Council
to specify what boundaries it supports for designation, and
WHEREAS, the Planning and Development Committee of Common Council
conducted a public hearing on the proposed boundaries for
designation on March 8, 1990; now, therefore, be it
0i
({) RESOLVED, That Common Council endorses the boundaries as shown
on the map entitled "Map of Fall Creek Recreational River
�• Boundaries ", and described in the boundary description, dated
April 4, 1990, and be it further
RESOLVED, That Common Council respectfully requests Assemblyman
Martin Luster and Senator James Seward to develop appropriate
legislation to facilitate the timely designation of Fall Creek,
within the City of Ithaca, specifying the boundaries endorsed
above as a Recreational River, and be it further
RESOLVED, That the Mayor of the City of Ithaca be directed to
inform the New York State Legislature and the New York State
Department of Environmental Conservation that the Common Council
(600e of the City of Ithaca does not support any interim or final
boundaries that are more extensive within the City of Ithaca than
those shown on the map, and be it further
RESOLVED, That Common Council requests that such legislation
specify that the "interim boundaries" for Fall Creek designation,
if any are required, be no more extensive than the final
boundaries as shown, in order to avoid unnecessary hardship and
confusion for nearby property owners, and be it further
RESOLVED, That Common Council requests of the Department of
Environmental Conservation that responsibility for the
administration of the designated area be delegated to an
appropriate agency of government of the City of Ithaca, and be it
further
RESOLVED, That the portion of Stewart Park located northerly of
Fall Creek and westerly of the Railroad tracks shall be included
within the boundaries, and be it further
RESOLVED, That Common Council requests that such legislation
specify that no classification or other treatment of Fall Creek
which may occur as the result of Recreational River designation,
shall automatically serve to restrict or prohibit utility or
similar facilities- support - related systems or facilities- support-
related- activities of the Land Grant Institution of the State,
Cornell University, in furtherance of its educational purposes,
located upstream of the designated area of Fall Creek (including
but not limited to the operation of its chilled water plant,
water filtration plant and intakes for the same and for its
hydroelectric plant and the necessary dredging of intake areas,
storm water drains, utility lines, and foot bridges), which might
otherwise be permitted but for the Recreational River
designation.
414
16
April 4, 1990
Ayes (8) - Johnson, Booth, Daley, Schroeder, Cummings,
Hoffman, Golder, Peterson
Nays (2) - Romanowski, Blanchard
Carried
DESCRIPTION OF NORTHERN BOUNDARY OF FALL CREEK RIVER CORRIDOR
Beginning at a point at the intersection of the high water mark
of Cayuga Lake, on the southerly boundary of Cayuga Lake, and
the northerly boundary of Fall Creek, said point being in the
northerly boundary of Stewart Park; running thence northeasterly
along the northerly boundary of Stewart Park to its intersection
with the westerly boundary of the Lehigh Valley Railroad; running
thence in a southerly direction along the westerly edge of the
Lehigh Valley Railroad approximately 3,450 feet to a point
located 50 feet northerly along said railroad from the north bank
of Fall Creek; running thence in a southeasterly direction
parallel with and 50 feet northerly from the north bank of Fall
Creek, crossing Cayuga Street to a point on the easterly boundary
of Cayuga Street, located approximately 20 feet northerly from
the north bank of Fall Creek, said point being the intersection
of the easterly boundary of Cayuga Street with extended line of a
chain link fence on Ithaca School District property running
approximately parallel with Fall Creek; running thence in a
southeasterly direction along the extended line of the chain link
fence and continuing along said chain link fence, approximately
parallel to Fall Creek to the end of the chain link fence;
continuing thence in a southeasterly direction along the extended
line of said chain link fence approximately 5 feet to the south
line of a sidewalk which runs through Ithaca School District
property approximately parallel with Fall Creek; continuing
thence along the south line of said sidewalk to the intersection
of the south line of said sidewalk with the westerly boundary of
Lake Street; running thence perpendicular to Lake Street
approximately 50 feet to the east boundary of Lake Street;
running thence in a northwesterly direction along the east line
of Lake Street approximately 75 feet to a point of the northwest
corner of City Tax Parcel 12 -1 -1; running thence in an easterly
direction along the northerly boundary of tax parcel 12 -1 -1
approximately 250 feet to the northeast corner of Tax Parcel 12-
1-1; continuing thence on the same course along a line shown on
Tax Maps Numbers 12 and 11 as a match line and along the
northerly boundary line of Tax Parcel 6 -2 -1 approximately 600
feet to the northwest corner of Tax Parcel 11 -1 -1, said point
being located approximately 12.5 feet westerly from the westerly
boundary of Stewart Avenue; running thence easterly approximately
12.5 feet along the north boundary of Tax Parcel 11 -1 -1 to the
westerly boundary of Stewart Avenue; running thence in a south-
easterly direction along the southwesterly boundary of Stewart
Avenue approximately 464 feet to the southeasterly corner of Tax
Parcel 11 -1 -2; running thence in an easterly direction
perpendicular to and across Stewart Avenue to a point in the
easterly line of Stewart Avenue approximately 25 feet northerly
of the northerly boundary of the Stewart Avenue bridge; running
thence northerly and easterly along the easterly and southerly
boundary of Fall Creek Drive, (also known as Wyckoff Drive) as it
curves to a point located approximately 145 feet southerly along
Fall Creek Drive (also known as Wyckoff Drive) from the
intersection of the east boundary of Fall Creek Drive (also known
as Wyckoff Drive) and the south boundary of Thurston Avenue, said
point being located at the intersection of the easterly boundary
of Fall Creek Drive (also known as Wyckoff Drive) and a line
extended westerly being a line 10 feet southerly from the
southerly boundary of the tennis courts located southeasterly
from the intersection of Thurston Avenue and Fall Creek Drive;
running thence easterly along said extended line and 10 feet
southerly from the southerly boundary of the said tennis courts
to the intersection of said line extended easterly and the
northeasterly boundary of an asphalt path which runs south-
westerly from Prudence Risley Hall to Thurston Avenue; running
0
4 t `i
17 April 4, 1990
thence in a southeasterly direction along the northerly boundary
of said asphalt path to the intersection of said asphalt path
with the westerly boundary of Thurston Avenue; running thence
southerly along the westerly boundary of Thurston Avenue to a
point located 25 feet northerly from the north edge of the gorge;
running thence westerly parallel with and 25 feet northerly from
the north edge of the gorge to its intersection with the line of
the west face of the foot ridge over the gorge as extended
northerly; running thence southerly to and along the west face of
said foot bridge to a point in the center line of Fall Creek.
DESCRIPTION OF SOUTHERN BOUNDARY OF FALL CREEK RIVER CORRIDOR
Beginning at a point at the intersection of the high water mark
at the south end of Cayuga Lake with the east bank of Cayuga
Inlet; running thence southerly along the east bank of Cayuga
Inlet approximately 1,050 feet to a point marking the
intersection of the east bank of the Cayuga Inlet with the south-
west corner of Tax Parcel 2 -2 -1; running thence easterly along
the south boundary of Tax Parcel 2 -2 -1 approximately 600 feet to
a point marked by a 2 -inch square iron pin, said point being
located approximately 100 feet southwesterly from the west bank
-�� of Fall Creek; running thence southeasterly approximately 1,290
�= feet to a point at the east side of the golf course access gate;
running thence easterly approximately 80 feet to the eastern edge
of Pier Road; running thence southeasterly along the east edge of
Pier Road approximately 950 feet to the north edge of a gravel
access road which runs to the Lehigh Valley Railroad; running
thence southeasterly along the north edge of said gravel access
road to the westerly right -of -way of the Lehigh Valley Railroad;
running thence northwesterly along said right -of -way to a point
located approximately 50 feet southerly from the south bank of
Fall Creek; running thence southeasterly parallel with and 50
feet southerly from the south bank of Fall Creek to the west edge
of Woodland Place, being also the easterly right -of -way line of
New York State Route 13; running thence southwesterly along the
east right -of -way line of New York State Route 13 and the west
side of Woodland Place to a point in the north boundary of Tax
Parcel 13 -1 -5; running thence northeasterly and southeasterly
along the south line of Woodland Place, being also the north
lines of Tax Parcel Nos. 13 -1 -5, 13 -1 -6, and 13 -1 -7 215.6 feet to
the west boundary of North Cayuga Street; continuing thence along
the same course across Cayuga Street to a point being the north-
westerly corner of Tax Parcel No. 5 -2 -1; running thence
southeasterly along the northeasterly boundaries of Tax Parcel
Nos. 5 -2 -1, 5 -2 -6, 5 -2 -7, 5 -2 -8, 5 -2 -9 and 5 -2 -10 a distance
approximately 480 feet to the easterly corner of Tax Parcel No.
5 -2 -10, said point being the intersection of the north boundary
of East York Street and the west boundary of North Tioga Street;
running thence northerly along the west boundary of North Tioga
Street to the bank of Fall Creek; running thence southeasterly
along the bank of Fall Creek to the northwest corner of Tax
Parcel No. 12 -2 -1; running thence southeasterly along the
northerly boundary of Tax Parcel Nos. 12 -2 -1 and 12 -2 -2 360 feet
to the northeast corner of Tax Parcel No. 12 -2 -2; running thence
easterly along the northerly boundary of Tax Parcel No. 12 -2 -13
45.5 feet to the northeast corner of Tax Parcel No. 12 -2 -13;
running thence southerly approximately 25 feet along the easterly
boundary of Tax Parcel No. 12 -2 -13 to the northwest corner of Tax
Parcel No. 12 -2 -12; running thence easterly along the northerly
boundary of Tax Parcel No. 12 -2 -12 36.33 feet to a point; running
thence southerly approximately 12.5 feet; and running thence
easterly along the north boundary to Tax Parcel No. 12 -2 -12
approximately 40 feet to a point; continuing thence along the
northerly boundaries of Tax Parcel Nos. 12 -2 -11, 12 -2 -10, 12 -2 -9,
12 -2 -8, 12 -2 -7, 12 -2 -6, 12 -2 -5, and 12 -2 -4 approximately 328.6
feet to the westerly boundary of Lake Street at the southwest
corner of the Lake Street bridge over Fall Creek; continuing
thence across Lake Street along the south edge of the Lake Street
bridge over Fall Creek to a point in the easterly boundary of
41-6
18 April 4, 1990
Lake Street; running thence southerly along the east boundary of
Lake Street 401 feet to a point marking the intersection of the
east boundary of Lake Street and the southerly boundary of
Lincoln Street extended; continuing thence easterly along the
southerly boundary of Lincoln Street extended 180 feet to a
point marking the southeast corner of Lincoln Street extended;
continuing thence on the same course approximately 75 feet to a
point in the east Boundary of Tax Parcel No. 12 -7 -5; running
thence northerly along the east boundary of Tax Parcel No. 12 -7 -5
approximately 69 feet to a point; running thence easterly along
the northerly boundary of Tax Parcel No. 11 -3 -1 100 feet to a
point at the southerly boundary of a creek tributary; running
thence easterly along the southerly boundary of said creek
tributary a chord distance of approximately 362.5 feet to a point
in the westerly boundary of Tax Parcel No. 11 -3 -3; running thence
southerly along the westerly boundary of Tax Parcel No. 11 -3 -3
approximately 68 feet to a point marking the northwesterly corner
of Willard Way; running thence southeasterly and southerly along
the northerly and easterly boundaries of Willard Way to the
southwesterly corner of Tax Parcel No. 11 -3 -3 said point also
being the northwesterly corner of Tax Parcel No. 11 -3 -6; running
thence easterly along the southerly boundary of Tax Parcel No.
11 -3 -3 110 feet to a point in the northwesterly boundary of
Stewart Avenue; running thence northerly and easterly along the
westerly and northerly boundary of Stewart Avenue approximately
298 feet to a point located approximately 35 feet southerly from
the Stewart Avenue bridge; running thence in an easterly
direction across Stewart Avenue to a point marking the southerly
boundary of the Cayuga Trail; running thence easterly along the
southerly boundary of the Cayuga Trail to the northwesterly
boundary of University Avenue; running thence northerly and
easterly along the westerly and northerly boundaries of
University Avenue to the intersection of the north line of
University Avenue and the west line of Thurston Avenue;
continuing thence easterly along the north line of University
Avenue as it becomes the north line of Forest Home Drive and
along the north line of Forest Home Drive approximately 600 feet
to the intersection of the north line of Forest Home Drive with
the line of the west face of the foot bridge over Fall Creek
Gorge as extended southerly; running thence northerly along said
extended line and the east face of the said foot bridge to the
center of Fall Creek.
*16.4 Northside Land Use Planning
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, the Northside City Land Committee has studied possible
future plans for development and use of the northside area, and
WHEREAS,one element of these plans is the potential purchase of
the so- called "Pogo Parcel," and
WHEREAS,the Planning and Development Committee, as well as the
Northside City Land Committee and other appropriate committees
are continuing to discuss the possible use of the Northside lands
for institutional, park, housing and other appropriate uses, both
public and otherwise; now, therefore, be it
RESOLVED, That Common Council endorses in concept the potential
acquisition by the city of the so- called "Pogo Parcel" in order
to further pursue said purposes, and be it further
RESOLVED, That the Mayor is hereby authorized to continue
negotiations with the owner of the "Pogo Parcel" to see if it is
possible to arrive at an appropriate price for that parcel, and
be it further
RESOLVED, That the office of the Planning Director is directed to
initiate required SEQR review for said acquisition.
D
o
( ),
f
L171
<t
19 April 4, 1990
Discussion followed on the floor. Mayor Nichols noted that this
resolution was strongly endorsed by the Northside Civic
Association.
A vote on the resolution resulted as follows:
Ayes (9) - Blanchard, Cummings, Daley, Johnson, Schroeder,
Peterson, Hoffman, Golder, Booth
Nay (1) - Romanowski
Carried
* 16.5 Proposal to Create a City Bicycle Advisory Council
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, bicycling is an efficient, clean, healthy, inexpensive,
non - congesting means of transportation, 'which benefits the City
of Ithaca and its citizens, and
WHEREAS, Ithaca currently lacks a system of safe, efficient
bikeways for recreation, short trips within the city, and
commuting, and
WHEREAS, the New York State Department of Transportation Design
manual (sections 18.01 and 18.08.01) states that "whenever a
highway is being constructed, reconstructed, or rehabilitated and
there is existing or anticipated pedestrian or bicyclist traffic,
the designer should evaluate what type of facility would provide
for safe and convenient pedestrian or bicycle travel ", and
WHEREAS, an Ithaca bikeway plan, prepared for the city in 1975
but not implemented, is being updated, and
WHEREAS, this work deserves formal attention from the city; now,
therefore, be it
RESOLVED, That the Mayor, with the approval of Common Council, is
directed to appoint a Bicycle Advisory Council to be composed of
seven (7) members, a majority of the members to be city
residents, and a majority of the members to be bicyclists, with
liaisons from the Board of Public Works, Common Council, the
Parks Commission, and the Planning and Development Board, and be
it further
RESOLVED, That terms of office for the Bicycle Advisory Council
shall be three (3) years except that of the initial appointments,
two shall expire 12/31/90, two on 12/31/91, and three on 12/31/92
and be it further
RESOLVED, That the Bicycle Advisory Council shall be charged with
the following:
1) to develop for presentation to Common Council within one
year, using input from members of the Ithaca community, city
government, and adjacent jurisdictions, a comprehensive plan for
bicycle routes and facilities for safe and efficient bicycling
throughout the City of Ithaca, and
2) to review, at least once every six months, ongoing and
upcoming city projects in order to assess their impacts on
bicycling, and advise appropriate city bodies with respect to
proper implementation of the bikeway plan vis -a -vis those
projects, and
3) to make other recommendations regarding bicycling, as
appropriate.
Discussion followed on the floor.
417
4 1
20 .April 4, 1990
Alderperson Golder suggested that #2 of the last Resolved Clause
read as follows: 2) to review, at least once every six months,
ongoing and upcoming city projects in order to assess their
impacts on bicycling, and advise appropriate city bodies with
respect to facilitating bicycling within the city and feasible
implementation of the eventual bikeway plan vis -a -vis those
projects, and
No Council member objected. Therefore, the wording was added to
the resolution.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 16.6 Marina Expansion — City Comments to State on EIS Process
By Alderperson Hoffman: Seconded by Alderperson Peterson
WHEREAS, the Finger Lakes Park Commission (the Commission) is
considering the expansion /development of Treman Park Marina (the
Park), and
WHEREAS, the Commission is beginning to develop a draft
environmental impact statement regarding the proposed
expansion /development of the Park, and
WHEREAS, the Common Council wishes to advise the Commission
respecting certain issues that the Council would like to see
addressed in the draft environmental impact statement being
prepared by the Commission; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca adopts
the memorandum (said memorandum is addressed to the Commission
and is dated March 22, 1990) which sets forth a statement of
concerns that should be addressed in the draft environmental
impact statement being prepared by the commission regarding its
plans for the expansion /development of the Park, and be it
further
RESOLVED, That the Common Council directs the Mayor to transmit
this memorandum to the Commission as quickly as possible.
The memorandum to The Finger Lakes Parks Commission from the
Common Council of the City of Ithaca, dated March 22, 1990 reads
as follows:
"The Common Council of the City of Ithaca welcomes the
opportunity to provide these comments regarding the topics and
issues that should be covered in the Draft Environmental Impact
Statement (DEIS) that the Finger Lakes Park Commission is
preparing with respect to its expansion /development plans for the
Treman Park Marina (the Park). We will look forward to reviewing
and commenting on the DEIS when it has been prepared.
NEED FOR THE PROPOSED PROJECT
The DEIS must provide a fair and careful analysis of the need to
undertake the proposed expansion /development of the Park. At the
present time the Park and the lands surrounding it provide a
variety of recreational opportunities - ranging from very
intensive to very passive. The plans that have been suggested
for expanding /developing the Park may well enhance certain
opportunities and values (e.g., greater access to Cayuga Lake for
persons owning large boats), but they will inevitably do so at
the costs of other opportunities and values (e.g., the reduction
of lake shore open space that can be utilized for passive,
outdoor recreation and leisure). A decision to go forward with
the proposed expansion /development plans will greatly please some
people, and a decision not to proceed with those plans will
greatly please some people. Accordingly, it is critical
importance that the DEIS examine closely the need for this
proposed project.
rr�
41.9
21
DESCRIPTION OF EXISTING CONDITIONS
April 4, 1990
The DEIS must carefully assess existing environmental conditions
in the Park and in the area surrounding the Park. Among the most
important existing conditions that must be assessed are the
following:
1. current (and projected) levels of outdoor recreational uses
at the southern end of Cayuga Lake (e.g., boating access and use
by large boats; boating access and use by small boats and other
small water craft; active recreational uses; and passive
recreational uses such as walking, picnicking, and watching
wildlife); and an assessment of the balance that exists among
these different types of recreational uses around the southern
end of Cayuga Lake at the present time;
2. the current (and projected) availability of areas and
facilities that allow /encourage outdoor recreational uses;
3. the amount and quality of publicly- owned, open space land
-.� areas available for different types of recreational uses around
the southern end of Cayuga Lake, with particular focus on both:
b_ (a) the amount and quality of those types of areas available for
passive outdoor recreational uses (e.g., walking and watching
wildlife), and (b) the amount and quality of those types of areas
for passive recreational uses that are easily accessible to the
increasing urban population in and near the City of Ithaca;
4. the amount and quality of land areas that provide important
wildlife habitat around the southern end of Cayuga Lake; and
5. the aesthetic qualities of the existing open space areas that
adjoin the developed portions of the presently developed marina
area.
IMPACTS OF THE PROPOSED PROJECT
Obviously the DEIS must address the various impacts that may be
created by the proposed project and by any alternatives being
considered for that project. Among the most important impacts
that the DEIS must address are the following:
1. the loss and /or degradation of critical or important habitat
for wildlife, including but not limited to impacts caused: (a)
by eliminating /reducing the existing buffer areas around the
Hogs' Hole, (b) by expanding the numbers of people and vehicles
using the Park, and /or (c) by mowing the field areas that now
exist in the so- called Festival Lands;
2. any impacts on plant life or wildlife (including but not
limited to any endangered, threatened, or rare plant or wildlife
species or any species designated as being of special concern) in
or adjacent to the Park caused by the development of the project
or by increased or altered human use of the Park and surrounding
areas;
3. the loss of any future opportunity to enhance and /or increase
wildlife habitat at the southern end of Cayuga Lake by utilizing
those areas in and adjacent to the Park that are currently in an
open, semi -wild condition;
4. the overcrowding caused by the increased use of large boats
on the southern portion of Cayuga Lake;
5. the pollution impacts caused by increased use of boats with
motors at the southern end of Cayuga Lake;
6. the loss of what has become an increasingly important area
for passive, outdoor recreational opportunities near the shores
of Cayuga Lake (i.e., the so- called Festival Lands are
420
22
April 4, 1990
increasingly important in their current undeveloped state for
such passive recreational activities as walking and watching
wildlife), with a particular focus on what this loss will mean as
the population of this area of the state grows;
7. the aesthetic impacts of changing the open space character of
much of the land adjoining the existing developed marina area
into a more intensively used area;
8. from both statewide and local perspectives, the relative
impacts on the availability of recreational resources that will
be caused by undertaking the proposed project (and by not
undertaking it); and
9. the impacts of any future development of the marina beyond
the limits of the current proposal.
10. the impacts of the proposed project in terms of the number of
people that will use the expanded marina during the months of the
year that it will be in operation compared to the number of
people that utilize the existing marina during those months; and
the impacts of the proposed project in terms of the number of
people that will utilize the expanded marina during the months
the marina is in operation compared to the number of people that
on a year -round basis utilize or may utilize the undeveloped
areas of the existing Park and the undeveloped areas that
currently adjoin the existing Park.
ALTERNATIVES TO THE PROPOSED PROJECT
The DEIS must carefully assess all reasonable alternatives to the
proposed project (and the impacts associated with those
alternatives), including but not limited to the following:
1. the possibility of not undertaking any expansion of the
developed portions of the Park;
2. the possibility of not expanding the existing marina, but
instead installing a paved sidewalk along the western edge of the
marina in a northerly direction to the lake shore in order to
provide easy access for people with wheelchairs, walkers,
bicycles, and baby carriages and strollers through that
essentially undeveloped area to the edge of the lake;
3. the possibility of significantly expanding the existing Hogs'
Hole wetland to the south and east in order to provide a larger
area for wildlife habitat;
4. the possibility that the Festival Lands will remain in the
ownership of the City of Ithaca and the alternative choices that
this fact will impose in terms of the future use and possible
development of the Park; and
5. the various techniques New York State might utilize to
guarantee: (a) that its future management of an expanded Park
will in fact protect the sensitive wildlife habitat that now
exists in or adjacent to the Park, and (b) that there will be no
further expansion of the developed portions of the Park beyond
the limits of the current proposal."
Alderperson Hoffman referred to a memo from Alderperson Blanchard
which has some changes to the wording of the Memo to the Finger
Lakes Parks Commission. The suggestions were as follows:
"Page 1. Under Need for the Proposed Project - Delete (eg.
greater access to Cayuga Lake for persons owning large
boats). Insert instead (eg. increased boating
opportunities on Cayuga Lake).
W-U
23
April 4, 1990
Page 2. Paragraph 2. - Add "at the southern end of Cayuga Lake"
following "outdoor recreational uses."
Paragraph 5. Revise to read "the aesthetic qualities
of both the existing open space areas and the developed
portions of the presently developed marina area."
(Woo, Page 3. Paragraph 4. - Revise to read "the impact of increased
boating on the southern portion of Cayuga Lake."
Page 4. Following Paragraph 10. - Add a paragraph 11. "the
economic impact of the proposed project on area
businesses."
Alderperson Hoffman stated that he has no objections to the
changes for pages 1, 2, and 3 that Alderperson Blanchard has
suggested. They were therefore added to the memorandum to the
State.
Discussion followed on the floor on the changes to page 4.
' Amendment to Memorandum from Alderperson Blanchard
t"r,? By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That on Page 4, add a paragraph 11 to read as follows:
"the economic impact of the proposed project and its possible
alternatives on area businesses."
Inlet Land Disposition and Route 96 /89_ProjectlDowntown Building
Height - Reports
Alderperson Hoffman reported that the Planning Committee did not
support the resolution to ask the State to move Route 89
alignment further north on the island and the Planning Committee
did not endorse a lower building height for downtown buildings.
Alderperson Hoffman stated that in regard to the downtown
building height issue, there is no additional protection for
downtown, there is no incentive zoning that would give the city
some of the assets it might want in exchange for taller
buildings. He wanted the Council to be aware that unless
something else is proposed, additional tall buildings are
permitted without any restriction to them.
Discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Daley: Seconded by Alderperson Hoffman
RESOLVED, That the matter of building height for downtown
(400", buildings be referred to the Planning and Development Committee
with direction to study the overall aspects of zoning in
downtown to include incentive zoning, building heights, parking
requirements, and other appropriate measures for re- zoning of
downtown.
Carried Unanimously
Ayes (9)
- Blanchard,
Romanowski, Cummings, Daley, Booth,
Peterson,
Schroeder, Johnson, Golder
Nay (1)
- Hoffman
Carried
(Wo",
Main Motion
A vote on the
Main Motion
resulted as follows:
Carried Unanimously
Inlet Land Disposition and Route 96 /89_ProjectlDowntown Building
Height - Reports
Alderperson Hoffman reported that the Planning Committee did not
support the resolution to ask the State to move Route 89
alignment further north on the island and the Planning Committee
did not endorse a lower building height for downtown buildings.
Alderperson Hoffman stated that in regard to the downtown
building height issue, there is no additional protection for
downtown, there is no incentive zoning that would give the city
some of the assets it might want in exchange for taller
buildings. He wanted the Council to be aware that unless
something else is proposed, additional tall buildings are
permitted without any restriction to them.
Discussion followed on the floor.
Motion to Refer to Committee
By Alderperson Daley: Seconded by Alderperson Hoffman
RESOLVED, That the matter of building height for downtown
(400", buildings be referred to the Planning and Development Committee
with direction to study the overall aspects of zoning in
downtown to include incentive zoning, building heights, parking
requirements, and other appropriate measures for re- zoning of
downtown.
Carried Unanimously
42,9
24 April 4, 1990
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 Revocable License for Outdoor Alcohol Service and
Consumption - Simeon's Restaurant
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, in 1987, 1988 and 1989 the City of Ithaca issued a
license to Simeon's Restaurant allowing that restaurant to
utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine +
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at Simeon's Restaurant,
including the sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $500,000 insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, for the year 1990, that Common Council hereby approves
a revocable license agreement for the outdoor sale and
consumption of alcohol between the City and Simeon's Restaurant
that includes the sale of alcohol in accord with the terms and
conditions set forth in the application therefor, including
minimum Dram Shop coverage in the amount of $500,000 and
Commons Advisory Board approval for outdoor dining permits.
Alderperson Booth spoke against the resolution. He believes this
resolution encourages the use of alcohol.
Ayes (9) - Peterson, Johnson, Golder, Schroeder, Daley,
Hoffman, Cummings, Blanchard, Romanowski
Nay (1) - Booth
Carried
* 17.2 Revocable License for Outdoor Alcohol Service and
Consumption - T.J. Tuesday's Restaurant
By Alderperson Peterson: Seconded by Alderperson Cummings
WHEREAS, in 1988 and 1989 the City of Ithaca issued a license to
T.J. Tuesdays Restaurant allowing that restaurant to utilize
certain areas on the Ithaca Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
including outdoor dining, and
Ithaca Commons,
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at T.J. Tuesdays, including
the sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $500,000 insurance
under the Dram Shop Act; now, therefore, be it
25 April 4, 1990
RESOLVED, for the year 1990, that Common Council hereby approves
a revocable license agreement for the outdoor sale and
consumption of alcohol between the City and T.J. Tuesday's
Restaurant upon the terms and conditions set forth in the
application therefor, including an end to sale and service of
alcohol no later than 8:30 P.M. everyday and consumption of
alcohol no later than 9:00 P.M. daily and including minimum Dram
Shop coverage in the amount of $500,000. This agreement is made
(woo" pending a Commons Advisory Board permit for outdoor dining that
stipulates an ending time of 9:00 P.M. for such outdoor dining.
Discussion followed on floor regarding the conditions that are
being set with regards to T.J. Tuesdays. Several Alderpersons
expressed concern because of complaints about inappropriate
behavior at this establishment.
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City hall, 108 East Green Street,
Ithaca, New York on Wednesday, May 2, 1990 at 7:00 p.m., and, be
it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and, be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
Carried Unanimously
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING FOOTNOTE 1 TO THE "PARKING SPACE
REQUIREMENTS CHART" OF SECTION 30.37 (A) (4) OF THE
MUNICIPAL ZONING ORDINANCE
WHEREAS, footnote 1 to the current "Parking Space Requirements
Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance
directs that parking spaces in rental dwelling units must be
provided by the owner of the units without additional charge to
the tenant, and
A vote on
the resolution resulted as follows:
(�)
Ayes
(7) - Daley, Romanowski, Blanchard, Golder, Johnson,
Cummings, Schroeder
Nays
(3) - Booth, Peterson, Hoffman
Carried
Cf.]
* 17.3
Amendment to Footnote 1 Section 30.37 of the Zoning
Ordinance
- Call for Public Hearing
By Alderperson Peterson: Seconded by Alderperson Johnson
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES
TO THE ZONING ORDINANCE AND PROVIDING FOR
PUBLIC NOTICE AND PUBLIC HEARING
RESOLVED,
That Ordinance Number 90 - entitled "An Ordinance
Amending
Footnote 1 of Section 30.37 of Chapter 30 Entitled
(Woo
'Zoning'
of the City of Ithaca Municipal Code" be and it hereby
is introduced
before Common Council of the City of Ithaca, New
York, and
be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City hall, 108 East Green Street,
Ithaca, New York on Wednesday, May 2, 1990 at 7:00 p.m., and, be
it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and, be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
Carried Unanimously
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING FOOTNOTE 1 TO THE "PARKING SPACE
REQUIREMENTS CHART" OF SECTION 30.37 (A) (4) OF THE
MUNICIPAL ZONING ORDINANCE
WHEREAS, footnote 1 to the current "Parking Space Requirements
Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance
directs that parking spaces in rental dwelling units must be
provided by the owner of the units without additional charge to
the tenant, and
42`1
26 April 4, 1990
WHEREAS, there have been significant changes in traffic patterns
in the City such that the Common Council of the City of Ithaca
wishes to discourage the use of automobiles, where appropriate,
and encourage the use of public transportation, walking, and the
use of bicycles as alternatives to car use, and
WHEREAS, the Common Council of the City of Ithaca wishes to
ensure that the owners of automobiles bear the full burden for
the cost of maintaining such automobiles, and
WHEREAS, it appears that the requirement that owners of rental
dwelling units provide parking spaces for free for their tenants
has encouraged the practice of raising the rent for all tenants
whether they are car owners or not as a method of recouping the
profits which would have been made-by directly charging tenants
with cars for parking spaces; now, therefore, be it
RESOLVED! Footnote 1, to the "Parking Space Requirements Chart"
of Section 30.37 (A) (4) of the Municipal Zoning Ordinance is
hereby amended to remove the sentence which reads: "In the case
of rental dwelling units, the required number of parking spaces
must be provided by the owner without additional charge to the
tenant."
Discussion followed on the floor regarding the resolution.
Building Commissioner Datz answered questions from Council
members.
Alderperson Hoffman suggested removing, in the 3rd Whereas
Clause, the words "burden for the ".
Alderperson booth suggested in the fourth Whereas Clause, the
words "has" be deleted and the words "may have" be inserted.
No Council member objected to either suggestion and the change in
wording was accepted.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the second Whereas clause be deleted from the
resolution.
Ayes (6) -
Nays (4) -
Peterson, Booth, Johnson, Daley, Blanchard,
Romanowski
Hoffman, Cummings, Schroeder, Golder
Carried
The resolution as amended shall read as follows:
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING FOOTNOTE 1 TO THE "PARKING SPACE
REQUIREMENTS CHART" OF SECTION 30.37 (A) (4) OF THE
MUNICIPAL ZONING ORDINANCE
WHEREAS, footnote 1 to the current "Parking Space Requirements
Chart" of Section 30.37 (A) (4) of the Municipal Zoning Ordinance
directs that parking spaces in rental dwelling units must be
provided by the owner of the units without additional charge to
the tenant, and
WHEREAS, the Common Council of the City of Ithaca wishes to
ensure that the owners of automobiles bear the full cost of
maintaining such automobiles, and
,16-9
D
27 April 4, 1990
WHEREAS, it appears that the requirement that owners of rental
dwelling units provide parking spaces for free for their tenants
may have encouraged the practice of raising the rent for all
tenants whether they are car owners or not as a method of
recouping the profits which would have been made by directly
charging tenants with cars for parking spaces; now, therefore, be
it
Motion to Extend Common Council Meeting for One -half Hour
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That the meeting be extended one -half hour.
Carried Unanimously
City Environmental Quality Review Hearing - Report
Alderperson Peterson reported that the Charter and Ordinance
CC Committee is re -doing the City Environmental Quality Review
legislation.
HUMAN SERVICES COMMITTEE: (Items held over from 3/7/90 Council
meeting)
Community Arts Coalition - Report
Alderperson Johnson reported that the Tompkins County Task Force
for Cultural Resources and the Community Arts Coalition have been
busy the last two months meeting with the various artists in the
community and business and governmental people to find out
(400" their perspective on the Arts Coalition and what the future of
the former Arts Council should be in the City and in the County
at large. There will be a report forthcoming.
Tompkins /Cortland Labor Coalition Employment Maintenance - _Report
Alderperson Johnson reported that the Labor Coalition report
focused in March on the Postal workers and it appears that many
of the positions (50 to 60) that are here in Ithaca, are going to
remain here.
Fire Department Volunteers - Report
Alderperson Johnson reported that the coordinator came on board
this past Fall. At this time there are 68 active volunteers.
There are 12 new members that have begun the 45 hour training
session and the coordinator is working with students at Cornell
to develop PR to recruit new volunteer members.
Housing Trust Fund - Resolution
This item was removed from the agenda as the legislation was
passed by the House of Representatives on April 3, 1990.
HUMAN SERVICES COMMITTEE:
* 18.1 Traffic Enforcement
By Alderperson Daley: Seconded by Alderperson Johnson
WHEREAS, to ensure public safety, there is a need to increase the
enforcement of existing moving traffic laws, such as stopping at
traffic lights and stop signs as well as obeying speed limits,
and
WHEREAS, the Human Services Committee has consulted with the
Chief of Police and heard recommendations from the Board of
Public Works; now, therefore, be it
RESOLVED, That the Human Services Committee requests that the
Budget and Administration Committee examine ways that the City
can hire an additional officer whose sole responsibility will the
aforementioned traffic enforcement.
RESOLVED, Footnote 1, to
the
"Parking
Space Requirements Chart"
of Section 30.37 (A) (4)
of
the Municipal Zoning Ordinance is
hereby amended to remove
the
sentence
which reads: "In the case
of rental dwelling units,
the
required
number of parking spaces
must be provided by the
owner without
additional charge to the
tenant."
Motion to Extend Common Council Meeting for One -half Hour
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That the meeting be extended one -half hour.
Carried Unanimously
City Environmental Quality Review Hearing - Report
Alderperson Peterson reported that the Charter and Ordinance
CC Committee is re -doing the City Environmental Quality Review
legislation.
HUMAN SERVICES COMMITTEE: (Items held over from 3/7/90 Council
meeting)
Community Arts Coalition - Report
Alderperson Johnson reported that the Tompkins County Task Force
for Cultural Resources and the Community Arts Coalition have been
busy the last two months meeting with the various artists in the
community and business and governmental people to find out
(400" their perspective on the Arts Coalition and what the future of
the former Arts Council should be in the City and in the County
at large. There will be a report forthcoming.
Tompkins /Cortland Labor Coalition Employment Maintenance - _Report
Alderperson Johnson reported that the Labor Coalition report
focused in March on the Postal workers and it appears that many
of the positions (50 to 60) that are here in Ithaca, are going to
remain here.
Fire Department Volunteers - Report
Alderperson Johnson reported that the coordinator came on board
this past Fall. At this time there are 68 active volunteers.
There are 12 new members that have begun the 45 hour training
session and the coordinator is working with students at Cornell
to develop PR to recruit new volunteer members.
Housing Trust Fund - Resolution
This item was removed from the agenda as the legislation was
passed by the House of Representatives on April 3, 1990.
HUMAN SERVICES COMMITTEE:
* 18.1 Traffic Enforcement
By Alderperson Daley: Seconded by Alderperson Johnson
WHEREAS, to ensure public safety, there is a need to increase the
enforcement of existing moving traffic laws, such as stopping at
traffic lights and stop signs as well as obeying speed limits,
and
WHEREAS, the Human Services Committee has consulted with the
Chief of Police and heard recommendations from the Board of
Public Works; now, therefore, be it
RESOLVED, That the Human Services Committee requests that the
Budget and Administration Committee examine ways that the City
can hire an additional officer whose sole responsibility will the
aforementioned traffic enforcement.
426►
28 April 4, 1990
Discussion followed on the floor with Chief McEwen answering
questions from Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
Closing Southside Emergency Shelter - Report
Alderperson Johnson read the following resolution of appreciation
that is being presented to Roberta Glasser:
R E S O L U T I O N
WHEREAS, LaBerta Glasser has demonstrated her concern for the
homeless over the past several years, and
WHEREAS, she was the co- founder of the Homeless Task Force in
October 1987, and
WHEREAS, she brought forward a request to Common Council that the
City open an Emergency Homeless Shelter, and
WHEREAS, she served as the first Volunteer Shelter Director and
has continued to do outreach and intake for the shelter; now,
therefore, be it
RESOLVED, That the Common Council, on behalf of the City of
Ithaca, commends LaBerta Glasser for her concern regarding the
welfare of the homeless and for her efforts and successes on
their behalf to establish and maintain the Temporary Emergency
Homeless Shelter, and, be it further
RESOLVED, That this Resolution be spread upon the minutes of this
Glasser.
meeting and a copy forwarded to LaBerta
Alderperson Johnson reported that over the past year, there have
been 86 different individuals who used the Southside Emergency
Homeless Shelter and we ended with 995 bed nights. He further
reported that several of the persons who worked with the Homeless
Task Force worked with a sub -group focusing on emergency shelter
to work toward a plan where the Red Cross would be able to
provide shelter for some of the people who had been using the
Southside Emergency Shelter. They are looking at the Department
of Social Services finding a facility and maybe EOC developing
and carrying on a program that would provide for those people who
wouldn't be sheltered in the Red Cross program.
Tompkins /Cortland Employment Maintenance - Report
Alderperson Johnson stated that he will report on the trip to
Elmira with the postal workers at the next Council meeting.
BUDGET AND ADMINISTRATION COMMITTEE:
* 19.1 Police Department Standardization of Badges
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, this Common Council has been requested by the City of
Ithaca Police Department to standardize on badges manufactured by
the Entenmann -Rovin Company as the badges to be used by the
Police Officers of the Ithaca Police Department, and to authorize
the City to purchase approved badges from the manufacturer, or a
representative thereof, and
WHEREAS, it is deemed to be in the best interests of the City for
reasons of efficiency, uniformity, compatibility and economics to
approve such standardization, as more fully spelled out in the
following items:
1. The City of Ithaca Police Department presently has all
Entenmann -Rovin badges.
,.y r1
ir.r 1
29 April 4, 1990
2. This action will provide for the standardization of all
badges for the Police Department so that all Police
Officers will have the same type badges which will be
easily recognized by members of the public as the
official badges of the City of Ithaca Police
Department.
3. Present Entenmann -Rovin badges are satisfactory to the
uses of the City of Ithaca Police Department;
now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision 5 of the
General Municipal Law of the State of New York, this Common
Council hereby authorizes the _standardization of badges
manufactured by the Entenmann -Rovin Company as the badges to be
used and purchased by the City of Ithaca Police Department for
the year 1990.
Carried Unanimously
19.2 Police Department Standardization of Radio Equipment
�e By Alderperson Booth: Seconded by Alderperson Peterson
+� WHEREAS, this Common Council has been requested by the City of
Ithaca Police Department to standardize on Motorola radio
equipment as the type of equipment to be used by the Ithaca
Police Department, and to authorize the City to purchase approved
equipment from the manufacturer, or a representative thereof,
and
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve
(,Moe such standardization, as more fully spelled out in the following
items:
1. The City of Ithaca Police Department presently has all
Motorola radio equipment and radio console.
2. This action will minimize the inventory of repair parts
which would have to be maintained for the service of
said radio equipment.
3. Labor costs for maintenance and service of a standard
type of equipment will be less than if required to
service several different types of equipment.
4. Present Motorola radio equipment has been satisfactory
to the uses of the City of Ithaca Police Department.
5. Standardization provides the need for only one service
contract for its entire radio system, whereas
additional contractual agreements would be required
for other types of equipment;
now, therefore, be it
* 19.3 Resolution Authorizing the City Chamberlain to Include
Emergency Phone Number Stickers with Tax Bills
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, Police Chief McEwen has requested permission to enclose
an emergency phone number sticker with the second installment of
the 1990 City Tax bill, and
WHEREAS, it is necessary for Common Council to approve all such
enclosures; now, therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision 5 of the
General Municipal Law of
the State of New York,
this Common
Council hereby authorizes
the standardization of Motorola radio
equipment as the type of
equipment to be used and
purchased by
the City of Ithaca Police
Department during the year
1990.
Carried
Unanimously
* 19.3 Resolution Authorizing the City Chamberlain to Include
Emergency Phone Number Stickers with Tax Bills
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, Police Chief McEwen has requested permission to enclose
an emergency phone number sticker with the second installment of
the 1990 City Tax bill, and
WHEREAS, it is necessary for Common Council to approve all such
enclosures; now, therefore, be it
4 21 '1
30
RESOLVED, That this Common Council approves and
enclosure of an emergency phone number sticker
installment of the 1990 City tax bill.
Carried Unanimously
April 4, 1990
authorizes the
with the second
* 19.4 Denial of Request to Expunge Interest and Penalties on
117 West State Street 1989 School Tax
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, a request has been received on behalf of Corners
Community Center, Inc. to waive the penalty on the 1989 School
Tax, currently being collected by the City Chamberlain, because
the owners did not receive the bill, and
WHEREAS, the Budget and Administration Committee has considered
this request, and
WHEREAS, the New York State Real Property Tax Law provides that
failure to receive the bill shall not affect the validity of the
tax or interest penalties; now, therefore, be it
RESOLVED, That the request to waive penalty on the 1989 School
Tax for 117 West State Street be denied.
Carried Unanimously
* 19 5 Denial of Request to Expunge Penalty on 1990 First
Installment of City Tax for 831 -915 Cliff Street
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, a request has been received on behalf of Orthopedic
Associates of Ithaca to waive penalty on 1990 City Tax, First
Installment, for 831 -915 Cliff Street, 821 Cliff Street and 815
Cliff Street because the bills were presented to the
Chamberlain's Office on February 1st, the same day the bills
would have been received by the Chamberlain's Office had they
been mailed, and
WHEREAS, the Budget and Administration Committee has considered
this request, and
WHEREAS, City Charter and Real Property Tax Law provides that
penalties will be collected on bills not paid or postmarked by
January 31st; now, therefore, be it
RESOLVED, That the request to waive penalties on 1990 City Tax,
First Installment bills for Orthopedic Associates' Cliff Street
properties is denied.
Carried Unanimously
* 19.6 Request to Amend Authorized Equipment List
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the authorized equipment list for Water and Sewer
funds be amended, by deleting one full size sedan and adding one
pickup truck.
Carried Unanimously
* 19.7 City Participation in Trash Tag System for Low Income
Residents
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Tompkins County Department of Social Services has
established a program to subsidize the sale of trash tags to low
income residents; now, therefore, be it
RESOLVED, That the City Chamberlain is authorized to sell 758
sheets of City Trash Tags to the Tompkins County Department of
Social Services for the base tipping fee cost of $8.40 per sheet,
and be it further
RESOLVED, That Common Council reserves determination of future
city participation in this program, subject to an evaluation of
the criteria established by the County for the distribution of
such tags by Social Services.
J
31 April 4, 1990
Discussion followed on the floor.
Carried Unanimously
* 19.8 Renovations to Youth Bureau 15- Passenger Van
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That an amount not to exceed $7,000 be transferred from
Account A1990 Unrestricted Contingency to Account A7310 -476
Equipment Maintenance, for renovations to a 15- passenger van,
(aw" which was damaged in an uninsured accident in December of 1989.
Carried Unanimously
* 19.9 Southwest Drainage Study
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the City of Ithaca has received a proposal from Cornell
University to perform a run -off calibration study for the period
November 1, 1989 through December 31, 1990, in connection with
the overall southwest drainage study; now, therefore, be it
( \.i
RESOLVED, That the Superintendent of Public Works be authorized
to enter into an agreement with Cornell University for basic
study and other professional agencies for related support
analytical testing, and be it further
=..:j RESOLVED, That $17,500 be transferred from Account A1990
Restricted Contingency to Account A1440 -435 Contractual Services
in the amount of $16,000 and $1,500 Account A1440 -425 for the
preparation of such study.
Ayes (9) - Cummings, Booth, Romanowski, Daley, Schroeder,
Johnson, Peterson, Hoffman, Golder
Nay (1) - Blanchard
(4w" Carried
* 19.10 Request to Amend Authorized Equipment List - City
Prosecutor's Office
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the authorized equipment list for the City
Prosecutor's Office be amended to include one Word Processing
System, for an amount not to exceed $1,500.00, and be it further
RESOLVED, That $1,500 be transferred from Account A1110 -430
Contractual Services to Account A1110 -210 Office Equipment for
the procurement thereof.
Carried Unanimously
* 19.11 Audit
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the bills presented, as listed on Audit Abstract
#6/1990, in the total amount of $39,806.76, be approved for
payment.
Carried Unanimously
Motion to Extend Meeting
By ALderperson Daley: Seconded by Alderperson Johnson
RESOLVED, That this Common Council meeting be extended 15
minutes.
Carried Unanimously
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Mayor Nichols reported that this committee will be meeting on
Friday, April 6 to discuss the City Hall Annex. It was suggested
that this committee establish a definite meeting time so that it
could be placed on the monthly calendar. Mayor Nichols stated
this will be discussed at the April 6 meeting.
32 April 4, 1990
NEW BUSINESS•
Alteration to Term of Position for Assistant City Attorney
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, Attorney John Kelleher, who was serving as a part -time
assistant in the Office of the City Attorney, has resigned
effective March 30, 1990, and
WHEREAS, the Mayor and the City Attorney have requested that
alterations be made to the position of Assistant City Attorney
which would allow them to reintegrate the position of Assistant
City Attorney into a single position and to hire an experienced
attorney for this position, and
WHEREAS, the Mayor and the City Attorney have requested that the
position of Assistant City Attorney be altered to create a
single, .80 (i.e., 4 days per week) exempt position and that the
annual salary for that position be established at $36,000 with
City Civil Service fringe benefits included in order to allow
them to hire current part -time Assistant City Attorney Patricia
Kennedy for the position; now, therefore, be it
RESOLVED, That the position of Assistant City Attorney, for the
remainder of the 1990 fiscal year, is altered to a 32 -hour (.8
time) per week exempt position with a salary of $36,000 per year
with fringe benefits, and be it further
RESOLVED, That the 1990 budget is amended in the following
manner:
1. $14,066 from contract services allocated for Assistant City
Attorney John Kelleher;
2. $10,022 from contract services allocated for Assistant City
Attorney Patricia Kennedy;
3. $4,700 remaining from the benefits originally budgeted for
the Staff Attorney position;
4. $2,217 from t]
Office;
5. $4,511 from the
Such transfers
and fringe benefits
1990 to December 31,
1e Restricted Contingency for the Mayor's
Unrestricted Contingency Fund;
totalling $35,516 necessary to fund salary
for this position for the period April 9,
1990.
Alderperson Booth gave background information on the resolution
and discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Peterson, Daley, Golder, Hoffman, Johnson,
Blanchard, Romanowski, Schroeder
Nay (1) - Cummings
Carried
* 22.2 Amendment to Section 27.10 of Chapter 27 - Referral
Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the following resolution be referred to the
Charter and Ordinance Committee for review and report back to
Common Council.
Carried Unanimously
WHEREAS, placing refuse (garbage) disposal containers in the
front yards of residential properties for extended periods of
time can create serious negative aesthetic impacts, can seriously
diminish the residential character of neighborhoods, can cause
significant harm to property values on nearby properties, can
J
19
413 d
33
April 4, 1990
discourage people living on neighboring properties from
reinvesting in their properties and can encourage those people to
move out of their neighborhoods and thereby diminish the
residential nature of those neighborhoods; and
WHEREAS, there have been reports of a significant increase in
recent months in the numbers of refuse containers placed in front
(Woo" of residential properties; and
WHEREAS, it appears that the institution of the garbage tag
system has encouraged owners of a number of rental properties to
place refuse disposal containers in front of residential
structures that they own; now, therefore, be it
RESOLVED, That this Common Council does hereby adopt the
following provisions in order to prohibit the placement of refuse
containers in front yards.
C�l
0 Section 1. Section 27.10 of Chapter 27 of the City of Ithaca
Municipal Code (entitled "Housing Code ") is hereby amended by
adding a new subdivision E as follows:
L�.1 E. (1) It shall be prohibited for any person to place or leave a
<1 container used for collecting refuse (garbage) in the front yard
of any residential property.
(2) The term "front yard" as used in this subdivision shall
be defined in the same way as it is in section 30.3 (B)(97)(a) of
Chapter 30 (entitled "Zoning ") of the city of Ithaca Municipal
Code.
(3) The term "refuse" as used in this subdivision shall be
defined in the same way as it is in section 69.1(M) of Chapter 69
(entitled "Collection of Refuse ") of the City of Ithaca Municipal
Code.
(4) This subdivision shall not be deemed to prohibit the
placement of a refuse container(s) near a curbside or near the
side of a street for a period of time not exceeding twenty
consecutive hours within any seven day period in order to permit
regular collection of refuse by the City of Ithaca or by any
private waste hauler which is properly doing business in the City
of Ithaca.
Section 2. Chapter 69 (entitled "Collection of Refuse ") is
hereby amended as follows:
A. Section 69.11 (entitled "Regulations ") and section 69.12
(entitled "Effective date ") of said Chapter are hereby renumbered
69.12 and 69.13, respectively.
B. A new section 69.11 is hereby added to said Chapter, such
section to read as follows:
69.11 Prohibited Acts
A. No person shall place or leave a container used for collecting
refuse in the front yard of any residential property.
B. The term "front yard" as used in this section shall be defined
in the same way as it is in section 30.3(B)(97)(a) of Chapter 30
(entitled "Zoning ") of the City of Ithaca Municipal Code.
C. This section shall not be deemed to prohibit the placement of
a refuse container(s) near a curbside or near the side of a
street for a period of time not exceeding twenty consecutive
hours within any seven day period in order to permit regular
collection of refuse by the City of Ithaca or by any private
waste_ hauler which is properly doinq business in the Citv of
Ithaca.
4 �J
34
April 4, 1990
Section 3. Effective Date
These provisions shall take effect immediately and in accordance
with law upon publication of a notice as provided in section
3.11(B) of the City Charter.
*
22.3 Planning and Development Committee - Community
Participation
By Alderperson Johnson: Seconded by Alderperson Booth
RESOLVED, That the following resolution be referred to the
Planning and Development Committee for investigation:
Carried Unanimously
WHEREAS, it is crucial that the City guarantee maximal community
involvement in the planning and decision making process; now,
therefore, be it
RESOLVED, That the Planning and Development Committee investigate
approaches to formalize community participation that other cities
have used and make recommendations for a formal structure and
procedures to achieve maximal feasible participation.
Executive Session
On a motion the Common Council adjourned into Executive Session
at 12:20 a.m. to discuss land acquisition.
ADJOURNMENT:
Common Council came out of Executive Session and the meeting was
adjourned at 12:35 a.m.
1
gal-lista F. Paolangeli
City Clerk
Benj`wa_m n Nichols
Mayor
19'