HomeMy WebLinkAboutMN-CC-1993-01-06January 6, 1993
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. January 6, 1993
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley,
Booth,
Johnson, Schroeder, Golder, Hoffman, Berg
OTHERS PRESENT:
City Clerk - Paolangeli
City Controller - Cafferillo
Deputy City Controller - Thayer
City Attorney - Guttman
Planning and Development Director - VanCort
Fire Chief - Olmstead
Police Chief - McEwen
Board of Public Works Commissioner - Reeves
Tompkins County Board of Representatives - Lerner
Superintendent of Public Works - Gray
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
oval of the Minutes of the November 4, 1992 Common Council
By Alderperson Romanowski: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the November 4, 1992 Common Council
meeting be approved as published.
Carried. Unanimously
of the Minutes of the December 2, 1992 Common Council
Meeting
By Alderperson Hoffman: Seconded by Alderperson Berg
RESOLVED, That the Minutes of the December 2, 1992 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
City Attorney Guttman requested the addition of an item under New
Business to discuss Center Ithaca.
No Council member objected.
Budget and Administration Committee
Alderperson Booth requested the addition of item 15.14, regarding
changing the hours of the Personnel Administrator.
Alderperson Booth requested the addition of item 15.15, regarding
an extension of a police contract with the SPCA for removal of
rabid animals that have been killed.
No Council member objected.
January 6, 1993
entitled `Zoning" of the City of Ithaca Municipal Code, regarding
Group Care Residences, be declared open.
Carried Unanimously
Alderperson Schroeder gave an explanation of the proposed
amendment regarding Group Care Residences.
No one appeared to address the Council.
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Berg
RESOLVED, That the Public Hearing to consider an Ordinance
amending Section 325 -3.B, 325 -9.B and 325 -8 of Chapter 325
entitled Zoning' of the City of Ithaca Municipal Code, regading
Group Care Residences, be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Board of Public Works
Mayor Nichols requested Council approval for the re- appointment of
Jill. Tripp, 114 Monroe Street, with a term to expire December 31,
1995 and the appointment of Albert Smith, 707 North Cayuga Street,
with a term to expire December 31, 1995.
Resolution
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That this Council approves the re- appointment of Jill
Tripp and the appointment of Albert Smith to the Board of Public
Works, with terms to expire December 31, 1995.
Carried Unanimously
Bicycle Advisory Council
Mayor Nichols requested Council approval for the re- appointment of
Bob Lautenslager, 2081/2 Utica Street, with a term to expire
December 31, 1995; the re- appointment of Carl Lagoze, 203 Hook
Place, with a term to expire December 31, 1995; and the
appointment of David M. Nutter, 656 Five Mile Drive (to replace a
resignation) with a term to expire December 31, 1995.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the re- appointments of Bob
Lautenslager and Carl Lagoze and the appointment of David M.
Nutter, to the Bicycle Advisory Council, with terms to expire
December 31, 1995.
Carried Unanimously
Board of Appeals on Building Code
Mayor Nichols requested Council :approval for the appointment of Ed
Franquemont (Contractor), 319 Mitchell Street, with a term to
expire December 31, 1995, and the appointment of Charles R. Wilson
(Engineer), 412 West State Street with a term to expire December
31, 1993.
Resolution
By Alderperson Johnson: Seconded by Alderperson Berg
RESOLVED, That this Council approves the appointments to the Board
of Appeals on Building Code of Ed Franquemont, with a term to
expire December 31, 1995 and Charles R. Wilson, with a term to
January 6, 1993
Resolution
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the re- appointments to the
Board of Zoning Appeals of Kenneth Vineberg and Haralyn Kuckes,
with terms to expire December 31, 1995.
Carried Unanimoiusly
Conservation Advisory Council
Mayor Nichols requested Council approval for the following re-
appointments to the Conservation Advisory Council:
Betsy Darlington, 204 Fairmount Avenue, with a term to expire
December 31, 1994;
Paul Salon, 318 Park Place, with a term to expire December 31,
1994;
John Wertis, 106 W. York Street, with a term to expire December
31, 1994;
Judith W. Jones, 112 E. York Street, with a term to expire
December 31, 1994.
Resolution
By Alderperson Berg: Seconded by Alderperson Johnson
RESOLVED, That this Council approves the re- appointments to the
Conservation Advisory Council of Betsey Darlington, Paul Salon,
Jahn Wertis, and Judith W. Jones, with terms to expire December
31, 1994.
Carried Unanimously
Design Review Board
Mayor Nichols requested Council approval for the re- appointment of
Val Kevin Warke, 286 Midline Road, Freeville, with a term to
expire December 31, 1995.
Resolution
By Alderperson Johnson: Seconded by Aldeperson Berg
RESOLVED, That this Council approves the re- appointment of Val
Kevin Warke to the Design Review Board with a term to expire
December 31, 1995.
Carried Unanimously
Examining Board of Electricians
Mayor Nichols requested Council approval of Thomas "Armis"
Richardson, 306 East State Street, with a term to expire December
31, 1995.
Resolution
By Alderperson Berg: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the appointment of Thomas
"Armis" Richardson to the Examining Board of Electricians with a
term to expire December 31, 1995.
Carried Unanimously
Ithaca. Landmarks Preservation Commission
Mayor Nichols requested Council approval for the re- appointment of
Martha Preston, 636 Hudson Street, with a term to expire December
31, 1993.
January 6, 1993
Carried Unanimously
Parks Commission
Mayor Nichols requested Council approval for the re- appointments
of David Fernandez, 115 Kelvin Place, Joann Cornish -Epps, 318
Washington Street, and Beverly Baker, 320 South Geneva Street to
the Parks Commission with terms to expire December 31, 1995.
Resolution
By Alderperson Johnson: Seconded by Alderperson Berg
RESOLVED, That this Council approves the re- appointments of David
Fernandez, Joann Cornish -Epps, and Beverly Baker to the Parks
Commission with terms to expire December 31, 1995.
Carried Unanimously
Community Police Board
Mayor Nichols requested Council approval for the re- appointments
of Sara Shenk, 816 South Meadow Street with a term to expire
December 31, 1995 and Kirby Edmonds, 411 Esty Street with a term
to expire December 31, 1995.
Resolution
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the re- appointments of Sara
Shenk and Kirby Edmonds to the Community Police Board with terms
to expire December 31, 1995.
Carried Unanimously
Shade Tree Advisory Committee
Mayor Nichols requested Council approval for the re- appointments
of Marvin Adleman, 32 Cornell Street, with a term to expire
December 31, 1995 and Monika Crispin, 111 Worth Street with a term
to expire December 31, 1995.
Resolution
By Alderperson Johnson: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the re- appointments of Marvin
Adleman and Monika Crispin to the Shade Tree Advisory Committee
with terms to expire December 31, 1995.
Carried Unanimously
Mayoral Appointments
Mayor Nichols announced that he has made the following Mayoral
appointments:
City Historian -- Margaret Robbie, 966 East State Street
Term expires December 31, 1994 .
(re- appointment)
Examining Board.
of Plumbers Pick Albanese, 517 Hudson Street
Term expires December 31, 1995
(re- appointment)
Claude V. Colleyacme, 216 Esty Street
Term expires December 31, 1995
(re- appointment)
January 5, 1993
(re- appointment)
Citizens' Advisory
Committee to the IURA Carol Chernikoff, 418 W. Court Street
(new appointment)
Lillie Tucker, 318 S. Plain Street
(new appointment)
Planning and
Development Board Susan Blumenthal, 305 Mitchell St.
Term expires December 31, 1995
(re- appointment)
Sarah Adams, 112 W. Marshall Street
Term expires December 31, 1995
(re- appointment)
Youth. Bureau Board Herbert Nelson, 502 S. Albany Street
Term expires December 31, 1995
(re- appointment)
Patricia Lallas, 218 Utica Street
Term expires December 31, 1995
(re- appointment)
David Delchamps, 410 Mitchell Street
Term expires December 31, 1995
(new appointment)
COMMUNICATIONS`
Mayor Nichols read the following statement:
"This is the fourth start of a new year that I have had the
opportunity to share with you my thoughts on the state of Ithaca.
While I am sure that most of you remember and cherish every word
of my previous orations, there may be some who have forgotten or
missed them. Let me remind you of some of what I said last year.
I said then, "Our problems, like those of other cities, are
compounded by national and state tax and funding policies that
have unfairly transferred the bill for meeting our needs to the
already overburdened local property taxpayers. At a time of
rising unemployment when more people are in need and health costs
are escalating, the federal and state governments are continuing
to cut their support to cities. We have taken major steps to
balance the city budget without an excessive increase in the
property -tax rate but the prospects for the next year are even
more grim. Our task is to maintain progress toward improving the
quality of life in the city in a time of decreasing revenues."
This year we can say that we met that challenge. Our budget is
balanced and we kept the property -tax rate to 3.5 percent with no
increase in fees. We have increased our support for human
services. To do that we have reduced the size of our work force
January 6, 1993
Bush trickle down politics that left our ground dry will be
replaced by a nurturing policy that stimulates growth from well -
watered soil.
I said last year that "We will continue to work with the private
sector to implement the recommendations of the Downtown Vision
Task Force, including the rezoning of downtown to promote
controlled commercial and residential development, and improving
the physical quality and vitality of the Commons." We have done
that- -the Commons has been renovated and planning is now in
progress for a Business Improvement District- -and we will do more.
We are now prepared to make a decision about the future of the
Strand this year.
I said last year that "We will continue to work with not -for-
profit groups, Ithaca Neighborhood Housing Services, the Mutual
Housing Association and the private sector to increase the stock
of affordable housing." We have done that, and now the Mutual
Housing Association is ready to break ground. And we will do
more.
I said last year that "We will continue to work with the disabled
community to provide them access to wherever they wish to go." We
have done that and we will do more.
I said last year that "We will continue to work as part of the
business- school - community partnership to provide training and jobs
for the young people in our community." We have done that; the
Partnership for Youth is working well. The Youth Enterprise
Project has begun. And we will do more.
I said last year that "We will continue to promote the use of
public transit and park and ride lots." We have done that; the
Joint Transit Facility is in operation and provides the basis of
an integrated public transit system with Cornell, Tomtran and
Gadabout. And we will do more.
I said last year that "We will continue the effort to improve the
relations between the police and the minority community." We have
done that and we will do more.
I said last year that "We will continue to include more minorities
and women in all boards and commissions and City positions." We
have done that and we will do more.
I said last year that "I expect to proceed expeditiously with the
plans for Inlet Island, Southwest Park, and the protection of the
Six -Mile Creek natural areas." We have made progress on these
plans. We will continue and do more.
I said last year that "I expect us to work on proposals from the
Rental Housing Commission to protect the rights of tenants." In
spite of all the problems associated with that commission we
passed the first Security Deposit legislation in the City.
I expressed some hopes for progress last year that have not worked
out so well. The report card is not all A's. The Day Care
Council and the Drop -In Center have not yet been able to acquire
the funds for a new day -care center. We have held friendly
January 6, 1993
additional one - percent sales tax raised in the City rather than
the one -half which we deserve. We have to press the County hard
on this issue.
There are still many problems in our economy. I believe that in
spite of the present closing of McCurdy's on the Commons we will
see a much healthier downtown by the end of the year. We are
positioned to take advantage of any upturn in the economic
climate.
As we look forward to the coming year there is much to do. We
have strong City departments. We will continue our efforts to be
more efficient -- to do more with less. I expect that this will
be the year in which we begin the functional and physical
consolidation of the Department of Public Works, leading to more
opportunity for commercial development on Meadow Street. We must
prepare for that development with a plan and with proper zoning
which protects adjacent residential neighborhoods. We look
forward to the opening nearby of the Sciencenter.
We are an urban area in all its dimensions. On the positive side
our designation as a metropolitan area has led to our becoming
funded as a Metropolitan Planning Organization -- the
Ithaca /Tompkins County Transportation Council. We and our
adjoining municipalities may now plan together for the regional
transportation- -road and public transit- -needs of the future. On
the negative side we suffer from the continued growth of alcohol
and drug abuse, of excessive cars and traffic, of homeless and
many who cannot afford decent housing., of young people who are
not ready for a productive future and see no hope for one.
Our problems cannot be solved alone. As with the MPO the time is
long past when we should be breaking down the artificial barriers
that define each local government. I was recently interviewed by
an author who is writing a book about the best small cities of the
United States in which he told me Ithaca will play a prominent
role. He was enthusiastic about the breadth and vitality of our
social and cultural life - -of the progressive nature of our
programs - -of the international flavor of our people. But it was
quite clear that to him and to the many thousands of our
neighbors, Ithaca means more than the area defined by its City
limits. The population of the metropolitan area is more than half
the population of the county. Yet the County government still
seems to view Ithaca as a separate enclave that is not their
responsibility.
In the meantime, until the inevitable change in the attitude of
the national, state, and county governments we will continue to
meet our commitment to make Ithaca an even better place to live
for all our citizens. I pledge my best efforts to work with
Common Council and all the hundreds of Ithacans who willingly
contribute their time and effort in that endeavor. This year all
seats on Common Council will be up for election in the new
districts that have been created. It should be an exciting year.
I wish all of you a happy and productive New Year."
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Expansion of Treman Park Marina
Betsy Darlington
Peter Rosen
William Coon
Gregory Butcher
David Nutter
Sally Grubb
Eric Skawold
Jay Middleson
Carl David
Linda Loomis
Ruth Michener
Susan Titus
LeMoyne Farrell
Linda Orkin
Laura Stenzler
Helen Gibson
Bob Congdon
Ann Thomas
January 6, 1993
204 Fairmount Avenue
408 N. Cayuga Street
5132 Curry Road, Trumansburg
3 Union Street, Freeville
656 Five Mile Drive
104 Midway Road
222 Floral Avenue
Town of Ithaca
939 Cayuga Heights Road, Lansing
167 Calkins Road
Town of Ithaca
208 E. State Street
120 Eastwood Terrace
132 Muriel Street
147 Hunt Hill Road
Town of Ithaca
Troy Road
Taughannock Boulevard
The following persons spoke to Council with additional comments:
Ralph Jones, 607 Warren Place, asked Council to consider both
sides of the issue.
Charles Parkin, 218 Park Place, questioned fees charged for boat
launching.
ACC Franchise Dispute
The following persons spoke to Council regarding ACC problems and
franchise transfer problems:
William McCormick - 211 Schuyler Place
James Blizzard - 803 Coddington Road
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, 1st District, 1st Ward Representative addressed
Council on the following matters:
County Organizational Meeting - The County Board of Reps had its
organizational meeting for 1993 on January 5. Robert Watrous was
re-elected as Chair of the Board.
New Airport Terminal - The Board awarded the bids for the
construction of the new airport terminal and runway complex and
construction should begin soon.
Solid Waste - The Board is exploring new policy directions for
solid waste disposal. He will keep the Council informed as to any
new policies that may be set by the Board of Representatives.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters,
Consolidation Sub-committee - The Consolidation Sub-committee gave
its report to the Board at the Committee of the Whole meeting
today. A presentation will be forthcoming at the Common Council
January 6, 1993
regard to a Use Variance that was granted by the Board of Zoning
Appeals.
PLANNING AND DEVELOPMENT COMMITTEE:
WHEREAS,' the N. Y. S. Office of Parks,
Preservation ( "State Parks ") has prepared
Treman State Marine Park Draft Master Plan
Impact Statement, which have the status
documents ", and
Park
'rperson Blanchard
Recreation and Historic
a Preliminary Allan H.
and Draft Environmental
of unofficial "working
WHEREAS, State Parks has provided these documents to the Mayor and
Common Council of the City of Ithaca so the City may offer input
into these documents while they are still informal and easily
modified, now, therefore be it
RESOLVED, that, having been given an opportunity to comment on the
unofficial Preliminary Draft Master Plan and Draft Environmental
Impact Statement, Common Council recommends that these two
documents be modified as follows, and asks that these
modifications be included and evaluated as appropriate in Chapter
VII, "Analysis and Alternatives ", and in Chapter IX,
"Environmental Impacts ":
(1)Provide a permanent, paved, gateless pedestrian /bicycle
path connecting Cass Park and Allan H. Treman State
Marine Park ( "Treman Marine Park ") to insure that City
residents may always walk or bike to the Treman Marine
Park lake front from Cass Park without charge;
(2)Minimize the incursion of constructed, paved or formally
developed areas into the "Festival Lands" parcel (now
owned by the City);
(3)Eliminate the proposed row of 64 parking spaces along the
new bulkhead at the northwest edge of the marina;
(4)Reduce the number of parking spaces in the proposed lot at
the northeast lake front picnic area (currently, 50
parking spaces are suggested here);
(5)Investigate the feasibility of retaining the sewage pump -
out station in its current location, since the
N.Y.S.D.o.T. is apparently planning to dredge the Flood
Control Channel in the marina's vicinity; and be it
further
RESOLVED, that if the City decides to transfer the "Festival
Lands" to State Parks (and no such commitment has been or is now
being made), the deed of transfer will contain an automatic
reverter clause, whereby title to the "Festival Lands" will revert
to the City if State Parks increases the level of development in
any portion of the Allan H. Treman Marine Park beyond that
January 6, 1993
aggressively all necessary steps (including master planning,
conducting environmental review, securing funding, acquiring land,
etc.) preliminary to construction of the Cayuga Inlet Trail and
(2) to complete construction of all three phases of this trail at
the earliest feasible date. The three trail phases include the
Phase I link between Treman Marine Park and Buttermilk Falls State
Park; the Phase II extension to Robert H. Treman State Park; and
the Phase III extension to Taughannock Falls State Park. The
memorandum of understanding would augment, but not impair, the
existing 1983 agreement between State Parks, the City and the Town
of Ithaca concerning construction of what is now known as Phase I
of the trail; and be it further
RESOLVED, that State Parks investigate mechanisms by which the
City would be assured, if it decided to transfer the festival
lands to State Parks, that City residents arriving by car would
either not be charged a fee for using the "day use " areas of
Treman Marine Park or would be charged a reduced rate for using
these "day use" areas (if it is determined that existing
agreements do not already guarantee permanent free access for all
City residents), and be it further
RESOLVED, that while Common Council hopes to improve mutual
understanding between the City and State Parks through this
resolution, nevertheless no part of this resolution constitutes a
commitment or a legally- binding agreement between the City and
State Parks.
Alderperson Schroeder presented information on the proposed
expansion of the Treman Marine Park.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, That the fourth Resolved clause be replaced with the
following:
"RESOLVED, That no overall expiration date appears in the 1967
tripartite agreement ( "Joint Development Project for a National
Arts and Recreational Center at Ithaca "), nor in this agreement's
Clause 10 (which prohibits the City or the State from charging for
parking or picnicking on their respective lands, with only
strictly limited exceptions). The only clause containing an
expiration date is Clause 8 (which requires the City to provide
water and sewer service to Treman Marine Park for forty years
without charge). Therefore, all references in the Preliminary
Draft Master Plan and Draft Environmental Impact Statement to an
"expiration" of the tripartite agreement, or to the possibility of
changing the fee structure of the Treman Marine Park after "the
year 2015" should be eliminated."
Carried Unanimously
Amending Resolution
By Alderperson Berg: Seconded by Alderperson Efroymson
RESOLVED, That in #1 under the first Resolved clause, the words
"city residents" be deleted and the words "the public" be inserted
and after the words "without charge ", add the wards "in
January 6, 1993
'"; nor does the offer of the recommendations contained herein
necessarily imply endorsement by the City of other aspects of the
proposed Marina expansion and Master Plan; nor does the City waive
its right to offer further substantive comments and suggestions or
take other appropriate action following the public release of the
actual Draft Environmental Impact Statement and Final
Environmental Impact Statement and any public hearings required
pursuant to that process."
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Carried Unanimously
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Booth
RESOLVED, That the following wording be substituted for #3 and #4
of the first Resolved clause:
"Eliminate all roadway and parking northeast of the current
parking area, and place a paved pathway (approximately 5 feet in
width) along the new slips, to allow wheelchairs, strollers, etc.,
access to the lake front picnic area."
Discussion followed on the floor regarding this change in wording.
Motion to Table
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the matter of response to preliminary Allan H.
Treman State Marine Park Draft Master Plan and Draft Environmental
Impact Statement be tabled and sent back to the Planning and
Development Committee until such time as the Office of Parks,
Recreation and Historic Preservation issues a Draft Environmental
Impact Statement that is available for public comment and the
committee has taken a count of public sentiments regarding the EIS
and the proposed project.
Ayes (3) - Booth, Johnson, Golder
Nays (7) - Romanowski, Blanchard, Daley, Efroymson,
Schroeder,
Hoffman, Berg
Motion Fails
Further discussion followed. on Alderperson Efroymson's amending
resolution.
A vote on the amending resolution resulted as follows:
Ayes [7) - Booth, Efroymson, Daley, Golder, Berg, Hoffman,
Johnson
Nays (3) - Schroeder, Romanowski, Blanchard
Motion Carried
Mayor Nichols stated that he believes that one important issue in
this matter is maximum possible preservation of a natural area
that is Treman State Park outside the Marina itself. He stated
that if we can minimize the incursion of the new slips into the
Festival Lands and we have a plan which guarantees forever the
January 6, 1993
Alderpersons Blanchard, Schroeder and Booth made additional
comments.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the words "and easily modified" be deleted from the
second Whereas clause.
Ayes (8) - Booth, Hoffman, Golder, Daley, Berg, Schroeder,
Efroymson, Johnson
Nays (2) - Romanowski, Blanchard
Motion Carried
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That in the first Resolved Clause, the words "that these
two documents be modified as follows" be deleted and the words
"the following changes in the proposed park site development plan"
be inserted.
Carried Unanimously
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That a new Resolved clause be added after the final
Resolved clause to read as follows:
"RESOLVED, That Common Council does not hereby attempt to comment
on the adequacy of this preliminary Draft Environmental Impact
Statement."
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (9) - Booth, Berg, Johnson, Golder, Hoffman, Blanchard,
Efroymson, Daley, Schroeder
Nay (1) - Romanowski
Motion Carried
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the third Resolved clause be deleted and the
following be inserted:
"RESOLVED, That if the City decides to transfer the 'Festival
Lands' to State Parks, this transfer will occur only upon: (1)
State Parks' completion of construction of all three phases of the
Cayuga Inlet Trail, as well as all steps such as environmental
review necessary to the completion of such construction. The
three phases of this trail include the Phase I link between Treman
Marine Park and Buttermilk Falls State Park, the Phase II
extension to Robert H. Treman State Park, and the Phase III
extension to Taughannock Falls State Park. This action should be
consistent with the existing 1983 agreement among State Parks, the
City and the Town of Ithaca concerning what is now known as Phase
I of the trail; and (2) State Parks' payment to the City of Ithaca
of full value for the 'Festival Lands. ""
January 5, 1993
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Schroeder
RESOLVED, That in #5 of the first Resolved Clause, after the word
"vicinity ", the words "or relocating the station to the south of
the entrance to the marina" be added.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Schroeder, Blanchard, Berg, Johnson, Daley,
Hoffman, Romanowski, Efroymson
Nays (2) - Booth, Golder
Motion Carried
The Main Motion as Amended shall read as follows:
WHEREAS, THE N. Y. S. Office of Parks, Recreation and Historic
Preservation ("State Parks ") has prepared a Preliminary Allan H.
Treman State Marine Park Draft Master Plan and Draft Environmental
Impact Statement, which have the status of unofficial "working
documents ", and
WHEREAS, State Parks has provided these documents to the Mayor and
Common Council of the City of Ithaca, so the City may offer input
into these documents while they are still informal; now, therefore
be it
RESOLVED, that, having been given an opportunity to comment on the
unofficial Preliminary Draft Master Plan and Draft Environmental
Impact Statement, Common Council recommends the following changes
in the proposed park site development plan, and asks that these
modifications be included and evaluated as appropriate in Chapter
VII, "Analysis and Alternatives ", and in Chapter IX,
"Environmental Impacts ":
(1)Provide a permanent, paved, gateless pedestrian /bicycle
path connecting Cass Park and Allan H. Treman State
Marine Park ( "Treman Marine Park ") to insure that the
public may always walk or bike to the Treman Marine Park
lake front from Cass Park without charge in perpetuity;
(2)Minimize the incursion of constructed, paved or formally
developed areas into the "Festival Lands" parcel (now
owned by the City);
(3)Eliminate all roadway and parking northeast of the current
parking area, and place a paved pathway (approximately 5
feet in width) along the new slips, to allow
wheelchairs, strollers, etc., access to the lake front
picnic area.
(4)Investigate the feasibility of retaining the sewage pump -
out station in its current location, since the
N.Y.S.D.o.T. is apparently planning to dredge the Flood
Control Channel in the marina's vicinity or relocating
the station to the south of the entrance to the marina,
January 6, 1993
beyond that described in the final, agreed -upon Master Plan
without the prior written consent of the Common Council and the
Mayor of the City of Ithaca, and be it further
RESOLVED, that if the City decides to transfer the "Festival
Lands" to State Parks, this transfer will occur simultaneously
with the execution of a memorandum of understanding between the
City and State Parks wherein State Parks agrees (1) to pursue
aggressively all necessary steps (including master planning,
conducting environmental review, securing funding, acquiring land,
etc.) preliminary to construction of the Cayuga Inlet Trail and
(2) to complete construction of all three phases of this trail at
the earliest feasible date. The three trail phases include the
Phase I link between Treman Marine Park and Buttermilk Falls State
Park;
the Phase II extension to Robert H. Treman State Park; and the
Phase III extension to Taughannock Falls State Park. The
memorandum of understanding would augment, but not impair, the
existing 1983 agreement between State Parks, the City and the Town
of Ithaca concerning construction of what is now known as Phase I
of the trail; and be it further
RESOLVED, That no overall expiration date appears in the 1967
tripartite agreement ( "Joint Development Project for a National
Arts and Recreational Center at Ithaca "), nor in this agreement's
Clause 10 (which prohibits the City or the State from charging for
parking or picnicking on their respective lands, with only
strictly limited exceptions). The only clause containing an
expiration date is Clause 8 (which requires the City to provide
water and sewer service to Treman Marine Park for forty years
without charge). Therefore, all references in the Preliminary
Draft Master Plan and Draft Environmental Impact Statement to an
"expiration" of the tripartite agreement, or to the possibility of
changing the fee structure of the Treman Marine Park after "the
year 2015" should be eliminated, and be it further
RESOLVED, that while Common Council hopes to improve mutual
understanding between the City and State Parks through this
resolution, nevertheless no part of this resolution constitutes a
commitment or a legally- binding agreement between the City and
State Parks; nor does the offer of the recommendations contained
herein necessarily imply endorsement by the City of other aspects
of the proposed Marina expansion and Master Plan; nor does the
City waive its right to offer further substantive comments and
suggestions or take other appropriate action following the public
release of the actual Draft Environmental Impact Statement and
Final Environmental Impact Statement and any public hearings
required pursuant to that process, and be it further
RESOLVED, That Common Council does not hereby attempt to comment
on the adequacy of this preliminary Draft Environmental Impact
Statement.
Recess
Common Council recessed at 9.45 p.m, and reconvened in regular
session at 10:00 p.m.
Alderperson Efroymson asked permission to add an Item to the
for the year 1993, as follows:
TOMPKINS COUNTY TRUST COMPANY
ACCOUNT NAME
City of Ithaca General Fund
Employees Group Insurance Deductions
City of Ithaca Payroll Fund
Guaranty and Bid Deposits
City Tax Sale Redemption
Health Facility Agreement
Deposit on Water Meters
Sale of Unclaimed Property
Circle Greenway
Conference on College and Community
Center for Expressive Arts
Peter DeWysocki Memorial Fund
Cemetery Fund
Fire Department Recognition Banquet
Commons Cultural Tourism
West End Trees
Gene Slater Memorial Fund
Jack Kiely Scholarship Fund
DeWitt Park Improvement Fund
Employees N.Y.S. Withholding Tax
Employees U.S. Savings Bonds
Centennial Art Work
Central Business District Trees
N.Y.S. Policemen's and Firemen's
Retirement System
N.Y.S. Employees Retirement System
Ithaca Centennial Inc.
Capital Reserve Fund #4 - Bridges
Capital Reserve Fund #11 - Parks and
Recreation Areas
Capital Reserve Fund #14 - Parking Areas
Capital Reserve Fund
Replacement
Capital Reserve Fund
Water Sources
#15 - Fire Engine
#16 - Development of
Capital Reserve Fund #17 - Sewer Construction
Capital Reserve Fund #17A - Mandatory
Reserve for Sewer Plant Construction
Capital Reserve Fund #20 - West Hill Water
and Sewer Repla
Capital Reserve
Capital Reserve
Equipment
Capital Reserve
Capital Reserve
Capital Reserve
Capital Reserve
ACCOUNT NAME
cement
Fund
Fund
Fund
Fund
Fund
Fund
January 6, 1993
ACCOUNT NUMBER
01201- 001004
08- 201 - 001004
04- 201001004
05- 201- 001004
05- 201 - 001004
05- 201 - 001004
05- 201 - 001004
05- 201 - 001004
05- 201 - 001004
05- 201 - 001004
05- 201001004
05- 201 - 001004
05 -201- 001004
05- 201 - 001004
05- 201001004
05- 201 - 001004
05- 201 - 001004
05- 201 - 001004
05- 201001004
08- 201 - 001004
08- 201 - 001004
05- 201001004
05- 201001004
08- 201 - 001004
08- 201 - 001004
01- 101095437
01- 201 - 001055
01- 201 - 001055
01- 201 - 001055
030VAIJ=Q0[li.�
01 -201- 001055
01- 201 - 001055
01- 201 - 001055
01- 201 - 001055
#22 - Bus Replacement 01- 201 - 001055
#23 - Public Works
01- 201 - 001055
#24 - Energy Conservation01- 201 - 001005
#25 - Capital Improvements 01- 201001005
#26 - Land Acquisition 01- 201 - 001005
- Joint Activity Fund 01- 101 - 099762
FLEET BANK
January 6, 1993
* 15.2 Designation of Official Newspaper
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That pursuant to Section C -113 of the City Charter, the
Ithaca Journal be and it is, hereby designated as the official
newspaper of the City of Ithaca for the year 1993.
Ayes (7) - Booth, Hoffman, Golder, Johnson, Blanchard,
Berg, Romanowski
Nays ( 2 ) - Schroeder, Daley
Abstention (1) - Efroymson
Carried
* 15.3 Collateral to Secure Deposits
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the collateral deposited by the Tompkins County
Trust Company and the Fleet Bank as reported, be approved as to
form and sufficiency.
Carried Unanimously
* 15.4 Public Employee's Blanket Bond
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That pursuant to Section 11 of the Public Officers' Law,
the following Bond, which is on file in the Office of the City
Clerk, be, and is hereby approved in all respects for the year
1993.
Faithful Performance Blanket $250,000 Royal Globe
Bond Coverage Insurance Co.
* 15.5 Designation of Common Council Meetings
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the regular meetings of the Common Council, for the
year 1993, be held at 7:00 P.M., on the first Wednesday of each
month, in the Common Council Chambers, at City Hall, 108 East
Green Street, Ithaca, New York, unless otherwise determined by
Common Council.
Carried Unanimously
* 15.6 Finance Department /Controller - Approval of 1993 Human
Service and Community Service Agencies Contracts
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to execute the following
1993 contracts with Human Service and Community Services Agencies,
in accord with the adopted 1993 City budget:
AIDS Work Program
Community Dispute Resolution Center
Day Care Council
Displaced Homemakers
Drop In Center
EOC
Friendship Center
Housing Task Force
HOLES - Green Street
Ithaca Rape Crises
Learning Web - Y.O.
Literacy Volunteers
Multicultural Resource Center
$ 4,914
10,225
16,001
9,700
6,000
5, 612
1,524
8,350
5,512
3,425
21,761
3,225
3,000
Carri
Community Arts Partnership
Human Services Coalition
Tompkins County Area Development Corp.
S.P.C.A.
Celebrations
Tompkins - Cortland Labor Coalition
($2,500 in Restricted Contingency)
DeWitt Historical Society
Cornell Cooperative Extension
Partnership for Youth
Ithaca Festival
January 6, 1993
10,0()0
11,296
1,5()0
38,000
799
12,600
5,000
4,000
12,500
5,0()0
Carried Unanimously
* 15.7 City Attorney - Request to Purchase Property on Beech
Street
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That $1,000 be transferred from Account A1990
Unrestricted Contingency to Account A1420 -435 Contracts for the
purchase of property on Beech Street, and be it further
RESOLVED, That the City Attorney be authorized to negotiate the
purchase offer for the purchase of the property.
Carried Unanimously
* 15.8 1993 Contractual Coverage for Individuals Not Covered by a
Union
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That management employees not covered by a formal union
bargaining agreement shall be granted fringe benefits as though
they were members of the City Executive Association, with the
exception of longevity provisions as provided by Part III, A(6) in
said contract.
Carried Unanimously
* 15.9a An Ordinance Amending Section 325-41(c)4 of Chapter 325
Entitled 'Zoning' of the City of Ithaca Municipal Code - Call for
Public Hearing
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That Ordinance No. 93 - -- entitled "An Ordinance
Amending Subdivision C of Section 325 -41 of Chapter 325 Entitled
'Zoning' of the City of Ithaca Municipal Code ", regarding the
procedures of the Board of Zoning Appeals, is hereby 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 at 108 East Green Street
in the City of Ithaca, New York on Wednesday, February 3, 1993, at
7:00 p.m. of that day, and be it further
RESOLVED, That the City Clerk shall give notice of 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
(15) days prior to the public hearing, and be it further
January 6, 1993
ORDINANCE NO. 93 -
ORDINANCE AMENDING SUBDIVISION C OF THE SECTION 325 -41 OF CHAPTER
325 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING SUBDIVISION C OF SECTION 325 -41.
That subdivision C (4) of Section 325 -41 is hereby amended to read
as follows:
"C. (4) The appellant shall, at the time of filing his/her appeal,
pay to the Building Commissioner a fee of seventy -five dollars
($75) [fifteen dollars ($15.)] to help defray the cost of the
required legal notice and other incidental expenses. However, the
owner occupant of residential property on which are located no
more than two dwelling units shall pay a fee of fifty dollars
($50), and an officer or administrative official of the City of
Ithaca acting in his/her official capacity shall not be required
to pay said fee."
SECTION 2. EFFECTIVE DATE.
This Ordinance shall take effect immediately and in accordance
with laws upon publication of a notice as provided in the City
Charter.
* 15.9c Designation of Lead Agency
By Alderperson Booth: Seconded by Alderperson Berg
AMENDING CHAPTER 325, SECTION 325 -41 REGARDING THE PROCEDURES OF
THE BOARD OF ZONING APPEALS - DESIGNATION OF LEAD AGENCY FOR
ENVIRONMENTAL REVIEW
WHEREAS, State Law and Section 176 -6 of the City Code requires
that a lead agency be established for conducting Environmental
Review of projects in accordance with local and state
environmental law, and
WHEREAS, State law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, a proposed ordinance amending the Zoning Ordinance
regarding the Procedures of the Board of Zoning Appeals requires
review under the City's Environmental Quality Review Act, now,
therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the Environmental Review of the proposed amendment to
the Municipal Code of the City of Ithaca.
Carried Unanimously
*15.9d Declaration of No Significant Environmental Impact
By Alderperson Booth: Seconded by Alderperson Berg
January 6, 1993
WHEREAS, appropriate Environmental Review has been conducted
including the preparation of a Short Environmental Assessment
Form, and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR),
including the Part 617 Regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review Act,
and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment„ now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
hereby does adopt as its own findings and conclusions more fully
set forth in the Short Environmental Assessment Form dated
December 29, 1992, and be it further
RESOLVED, That this Common Council, as lead agency, does hereby
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachments
in the City Clerk's office and forward the same to all parties as
required by law.
Carried Unanimously
* 15.10 An Ordinance Amending Section 146 -7(c)2 of Chapter 146
Entitled 'Building Construction' of the City of Ithaca Municipal
1r,_ -j_
By Aiderperson Booth: Seconded by Alderperson Berg
Ordinance No. 93 -
AN ORDINANCE AMENDING SECTION 146 -7(c)2 OF CHAPTER 146 ENTITLED
BUILDING CONSTRUCTION' OF THE CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Section 146 -7(c)2 of the City of Ithaca Municipal
Code entitled "Building Permits - Permit Fees" be and the same is
hereby amended to read as follows:
2(a). Permit fees shall be paid before permit review can commence
according to the following schedule:
Temporary Certificates
of Occupancy $28.00 plus $28.00 for
each hour of inspection, review
or analysis
Section 2. The remainder of said schedule shall remain as
January 6, 1993
City Controller Cafferillo explained the purpose of the Bond
Resolutions which will be voted on tonight.
Alderperson Booth requested that the record show that the
understanding is that these are authorizations to the City
Controller, acting in conjunction with the Mayor, to act on his
decision as to when these various investments and other decisions
should be made.
Bond Resolution #1
By Alderperson Booth: Seconded by Alderperson Johnson
BOND RESOLUTION DATED JANUARY 6, 1993
A RESOLUTION AUTHORIZING THE ISSUANCE OF $164,175 SERIAL BOND OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY COSTS OF
VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR SAID CITY.
A Roll Call vote on Bond Resolution #1 resulted as follows:
Blanchard
- Aye
Romanowski -
Aye
Daley
- Aye
Hoffman -
Aye
Berg
- Aye
Johnson -
Aye
Booth
- Aye
Efroymson -
Aye
Golder
- Aye
Schroeder -
Aye
Carried
Unanimously
The complete
text of
Bond Resolution #1 appears in
the Common
Council Minute
Book.
Bond Resolution #2
By Alderperson Booth: Seconded by Alderperson Hoffman
BOND RESOLUTION DATED JANUARY 6, 1993.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,834,675 SERIAL BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COSTS
OF VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR SAID CITY.
A Roll Call vote on Bond Resolution #2 resulted as follows:
Hoffman
- Aye
Berg -
Aye
Blanchard
- Aye
Schroeder -
Aye
Romanowski-
Aye
Daley -
Aye
Efroymson
- Aye
Johnson -
Aye
Booth
- Aye
Golder -
Aye
Carried Unanimously
The complete
text of
Bond Resolution #2 appears
in the Common
Council Minute
Book.
Bond Resolution #3
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLUTION DATED JANUARY 6, 1993.
A RESOLUTION DELEGATING TO THE CITY CONTROLLER OF THE CITY OF
ITHACA, TOMPKINS COUNTY, NEW YORK, THE POWER TO PRESCRIBE THE
January 6, 1993
Romanowski- Aye Schroeder -Aye
Blanchard - Aye Efroymson -Aye
Carried Unanimously
The complete text of Bond Resolution #3 appears in the Common
Council Minute Book.
Bond Resolution #4
By Alderperson Booth: Seconded by Alderperson Daley
BOND RESOLUTION DATED JANUARY 6, 1993.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $115,650 SERIAL BOND OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY COSTS OF
VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR SAID CITY.
A roll call vote on bond Resolution #4 resulted as follows:
Golder
- Aye
Schroeder
- Aye
Romanowski
- Aye
Hoffman
- Aye
Booth
- Aye
Efroymson
- Aye
Blanchard
- Aye
Daley
- Aye
Johnson
- Aye
Booth
- Aye
Carried
Unanimously
The complete text of Bond Resolution #4 appears in the Common
Council Minute Book.
* 15.13 Plannina Department - Request to Temporarily Amend
Personnel Roster
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That based on a request initiated by the employee
involved, the personnel roster of the Planning and Development
Department is hereby temporarily amended by reducing the full -time
position of the Environmental and Landscape Planner from 35 hours
to 30 hours per week from January 1, 1993 to December 31, 1993, or
as the Director of Planning and Development may determine, and be
it further
RESOLVED, That the Director of Planning and Development may return
the position to its full time status at an earlier date should he
determine that the volume of work requires that the position
return to its full -time 35 hour per week status.
Carried Unanimously
* 15.14 Contract with SPCA for Removal of Rabid Animals
By Aiderperson Booth: Seconded by Aiderperson Romanowski
WHEREAS, the Police Department has recommended that the Society
for the Prevention of Cruelty to Animals (SPCA) be engaged to pick
up and dispose of suspected rabid raccoons and other rabid
animals, when called in by Police personnel; now, therefore, be it
RESOLVED, That subject to the review of the City Attorney, the
Chief of Police be authorized to execute an agreement with the
SPCA for 1993, at a per incident charge of $22.00, within existing
1993 budget appropriations.
Carried Unanimously
January 6, 1993
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Police Community Relations Recommendations - Report
Alderperson Hoffman reported on the recommendations that have been
made by the Police Community Relations Committee and handed out
copies of the recommendations to Council members.
Discussion followed on the floor regarding the report.
PLANNING AND DEVELOPMENT COMMITTEE:
* 17.1a An Ordinance Amending Chapter 325 Entitled 'Zoning' of
the City of Ithaca Municipal Code Regarding Group Care Residences
- Designation of Lead Agency Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Hoffman
WHEREAS, State Law and Section 176.6 of the City Code require that
a lead agency be established for conducting environmental review
of projects in accordance with local and State environmental laws;
and
WHEREAS, State law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the actions; and
WHEREAS, a proposed ordinance amending the Zoning Ordinance
regarding Group Care Residences requires review under the City
Environmental Quality Review Act, now, therefore be it
RESOLVED, that Common Council does hereby declare itself lead
agency for the Environmental Review of the proposed amendment to
the Municipal Code of the City of Ithaca.
Carried Unanimously
* 17.1b Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Hoffman
WHEREAS, an amendment to the Municipal Code of the City of Ithaca
Zoning Ordinance Sections 325 -3.B, 325 -9.B snf 325 -8 regarding
Group Care Residences requires review under the State's and City's
Environmental Quality Review Act; and
WHEREAS, appropriate Environmental Review has been conducted
including the preparation of a Short Environmental Assessment
Form; and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR),
including the Part 617 Regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review Act;
and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore be it
RESOLVED, that this Common Council, as lead agency in this matter,
hereby does adopt as its own the findings and conclusions more
January 6, 1993
RESOLVED, that this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachments
in the City Clerk's office and forward the same to all parties as
required by law.
Carried Unanimously
* 17.6c An Ordinance Amending Sections 325 -3.B, 325 -9.1B and 325 -8
of Chapter 325 Entitled 'Zoning' of the Citv of Ithaca Municipal
By Alderperson Schroeder. Seconded by Alderperson Blanchard
WHEREAS, the current City zoning ordinance contains regulations
concerning the location and special conditions of Group Care
Residence facilities which are licensed, certified or otherwise
authorized by a State health or welfare agency, and
WHEREAS, there are currently State and Federal regulations
regarding the siting of licensed, certified, or authorized Group
Care Residences, and an opportunity for comment by the City in the
selection of the location of such homes within the City, and
WHEREAS, the City Attorney's Office has extensively researched the
issue and has determined that the State law preempts the City's
authority to regulate the location and special conditions
concerning Group Care Residences except through the comment
process employed by the State site selection process and
recommends deletion of the City regulations to eliminate any
possible confusion as to the City's rights in the matter; now,
therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. That Chapter 325 entitled "Zoning" be modified by the
deletion of the definition of "Group Care Residence ", Subsection
325 --3.B Definitions.
SECTION 2. That the first paragraph of Subsection 325 -9.B be
amended to read as follows:
"Special conditions. The Building Commissioner shall approve the
following use only when the special conditions specified in
this subsection have been met:"
SECTION 3. That Subsection 325- 9.B(1 ), Special Conditions for
Group Care Residences be deleted in its entirety, and the
Subsection following be renumbered.
SECTION 4. That the Districts Regulation chart authorized by
Section 325 -8 be amended to delete "permitted by special
conditions ... Group Care Residences ... " from Column 2 in Zones
R -1, R -2, R -3, and R -U, and the remaining uses described in Column
2 of these zones be renumbered.
SECTION 5. This Ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
the Ithaca Citv Charter.
January 6, 1993
RESOLVED, that the Common Council designate the following projects
as "Nigh Priority Projects" for 1993:
Traffic Issues - response to 'task Force on Traffic Issues;
odd /even parking revision; back /side yard parking regulation
Inlet Island - continuing implementation of the approved
land use plan
Southwest Park - continuing development and preparation of a land
use plan
Geographic Information System and Census Data Gathering and
Analysis / new city Master Plan
CBD Business Improvement District and Parking Benefit Assessment
District
Meadow Street Zoning - land use analysis, land use plan and
rezoning proposal including the use of incentive zoning
options
These projects are to receive special and high priority attention
from both Department staff and the Planning and Development
Committee so that the goals, objectives and timetables which will
be developed for each of these projects will be accomplished in a
timely manner.
Extensive discussion followed on the floor regarding the Route 96
project.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That under the Resolved clause, in the item "Traffic
issues ", the following words be added to the end of the paragraph
";work on key issues pertaining to the Route 96 project."
Carried Unanimously
Further discussion followed on the floor regarding which items
should be on the work program for the Planning Department for
1993.
Amending Resolution.
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That Public Transit - planning functions pertaining to
the development of coordinated public transit be added to the work
program for 1993.
Ayes (7) - Booth, Johnson, Hoffman, Berg, Golder, Romanowski,
Efroymson
Nays (3) - Blanchard, Daley, Schroeder
Carried
Alderperson Schroeder requested that the record reflect that his
vote against the addition of public transit planning is not
because he does not think the issue is an important planning
topic.
January 6, 1993
RESOLVED, That Housing - planning functions pertaining to
provisions for low and moderate housing be added to the work
program for 1993.
Ayes (6) - Efroymson, Booth, Golder, Hoffman, Berg, Johnson
Nays (4) - Schroeder, Daley, Romanowski, Blanchard
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Schroeder, Golder, Romanowski, Efroymson, Berg,
Daley, Johnson
Nays (3) - Hoffman, Daley, Blanchard
Carried
* 17.3 Strand Theatre Final Environmental Impact Statement
By Alderperson Schroeder: Seconded by Alderperson Daley
WHEREAS, the proposed disposition of the Strand Theater is an
action that requires review under the City's Environmental Quality
Review Ordinance, the State Environmental Quality Review Act, and
may require review under the National Environmental Policy Act,
and
WHEREAS, the Common Council declared itself lead agency in
accordance with State Law and Section 176.5 of the Municipal Code,
and
WHEREAS, the Common Council has filed a positive declaration and
authorized preparation of an Environmental Impact Statement (EIS),
and
WHEREAS, the Common Council retained the LA Group to prepare a
Final Environmental Impact Statement (FEIS), which was submitted
on December 16, 1992; now, therefore, be it
RESOLVED, That in accordance with Chapter 176 of the Municipal
Cade, the Common Council hereby determines that the Final
Environmental Impact Statement is complete and directs the City
Clerk to file the attached notice of completion of the FEIS and to
file the FEIS in accordance with the requirement of Section 176-
10; and be it further
RESOLVED, That, in accordance with the requirement of Section 176
9(A.), there will be a period set aside to afford agencies and the
public time to consider the FEIS to begin January 7, 1993 and
continue to noon on January 20, 1993.
Carried Unanimously
Status of Rental Housing Commission - Report
Alderperson Schroeder reported that the Commission will be re-
constituted in a few months.
CHARTER AND ORDINANCE COMMITTEE:
* 18.1 An Ordinance
Districts' of the Chart
By Alderperson
Amending Section C -8 Entitled 'Election
r of the City of Ithaca
fman: Seconded by Alderperson Booth
January 6, 1993
SECTION 1. That Section C -8 entitled "Election Districts" of
the Charter of the City of Ithaca is amended to read as follows:
"The Common Council shall have authority to subdivide the
several wards into election districts in accordance with the
general election laws; and said districts, when so designated by
said Council, shall constitute election districts all general and
other elections to be held in said City, unless herein otherwise
provided; and all provisions of law applicable to election
districts and to the inspectors and other officers of election
thereof and therein shall apply to said election districts,
inspectors and other election officers."
The complete text and Ward Map of the new election districts
appear in the Common Council Minute Book.
A vote on the Ordinance resulted as follows:
* 18.2 An Ordinance
By Alderperson Hoffman:
Carried Unanimously
Chanter 285 Entitled Streets and
Seconded by Alderperson Schroeder-
ORDINANCE NO. 93 -
An Ordinance to amend the Municipal Code of the City of
Ithaca, Chapter 285 thereof entitled "Streets and Sidewalks" to
alter the manner in which persons may place goods, wares and
merchandise for display and sale and the manner in which permits
may be obtained.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows:
SECTION 1. Chapter 285 of the Municipal Code of the City of
Ithaca.
Section 285 -1 is hereby amended to read as follows:
"Section 285 -1. Use of streets and sidewalks; permission
required.
A. No person shall place, suspend or cause to be placed or
suspended any goods, wares or merchandise in any public
street or sidewalk in front of or alongside his /her
place of business at a greater distance therefrom than
twelve (12) inches, except upon application and written
approval of the Chief of Police of the City of Ithaca or
his /her designee or of the Commons Advisory Board with
regard to such activities to be held on the Commons
pursuant to Chapter 157, Commons, of the Ithaca Code.
In considering whether to grant such approval the Police
Chief, or his /her designee, or the Commons Advisory
Board shall, in their discretion consult with
appropriate City officials and Boards including but not
limited to the Building Commissioner, the Fire Chief and
the Superintendent of Public Works and shall consider
January 6, 1993
(3) That all appropriate safety concerns are satisfied;
(9) That the display is removed from the public street or
sidewalk at the close of business hours.
The approval shall contain a requirement that the permittee
carry appropriate insurance and agree to hold the City
harmless from any liability claim or damage that may
result from the permittee's activities pursuant to this
approval.
The approval may include such additional appropriate
conditions which the issuing official or body may deem
reasonable.
Such approvals may be granted for a period up to one year in
length.
B. The fee for any such approval shall be twenty -five
dollars ($25.00).
C. Violations of this Chapter shall be punished pursuant to
Article I, Section 1 -1 of this Code.
SECTION 2.This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the
Ithaca City Charter.
Carried Unanimously
Curfew - Report
Alderperson Hoffman reported that the Charter and Ordinance
Committee conducted a public hearing on the continuation of the
curfew with some updated language. There was a very small turn
out for the hearing. There was some concerns expressed about the
ordinance and also some support expressed. He stated that the
issue will be on the agenda for their meeting in January and a
recommendation from the committee should be in place before the
old ordinance expires.
Franchise Dispute with ACC - Report
Alderperson Hoffman reported that the required public hearing was
held on this matter. The City Attorney will be preparing a list
of the alledged violations which the committee will formally act
on in January unless there is a proposed agreement.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Alderperson Booth announced that he and Alderperson Blanchard were
exchanging responsibilities. He will be the liaison to the Youth
Bureau Board and Alderperson Blanchard will be the liaison to the
Board of Fire Commissioners.
NEW BUSINESS:
* 22.2 Preservation of Six Mile Creek Natural. Area
Alderperson Johnson stated that the Six Mile Creek Committee
requested that the following resolution be referred to the
Planning and Development Committee:
WHEREAS, the Six Mile Creek Watershed serves as the source of the
January 6, 1993
WHEREAS, the City of Ithaca in 1970 designated the Six Mile area
from Giles Street to Burns Road as a Wildflower Preserve, and
WHEREAS, in 1983 Common Council appointed a special Six Mile Creek
Study Commission which, in 1984, produced its report, "People and
Preservation," and
WHEREAS, the Common Council, in response to the report of the Six
Mile Creek Study Committee, began, in 1984, to take steps to
protect the recreational and ecological value of the Six Mile
Creek area, including the establishment of the Six Mile Creek
Gorge Committee, and the investment of public funds in signage,
the gorge ranger position, professional staff time, and the
expansion, by purchase, of land subject to inappropriate
development, and
WHEREAS, the Tompkins County Environmental Management Council has
named the Six Mile Creek area as a Unique Natural Area, and
WHEREAS, the Town of Ithaca's Conservation Advisory Council has
recognized the ecological and recreational value of the Six Mile
Creek area and has recommended its designation as a Critical
Environmental Area, and
WHEREAS, the Six Mile Creek Natural Area provides opportunities
for public education and ecosystems research, and
WHEREAS, the danger of infringement upon the character of the
Natural Area, by inappropriate private development, has increased
in recent years, and
WHEREAS, the protection of the City's investment, and the efforts
of many Ithacans to preserve this resource, requires additional
commitment and action by the City; now, therefore, be it
RESOLVED, That the Common Council hereby affirms the City of
Ithaca's commitment and intent to protect and maintain the
following three (3) uses of the Six Mile Creek Natural Area;
l.the water supply system, including the reservoirs, raw water
line, dams, access roads, and the necessary maintenance to
keep the water system operational for present and future use;
2.the current natural resources and natural character of the area,
which includes an exceptionally rich flora in a unique
habitat with adjacent buffer land;
3.the opportunities for passive, low - impact recreation appropriate
for a natural area of which the City of Ithaca has few that
are public and easily accessible;
and be it further
RESOLVED, That in its effort to protect and maintain these
attributes, the City shall be guided by the following principles:
1,The Six Mile Creek Natural Area (as defined on the attached Town
Map #9 dated August 8, 1990) shall remain as natural as
January 6, 1993
consideration to the objective of preserving, to the greatest
extent possible, all three of the uses listed above.
3.The City shall continue to seek the protection of all land
within the Natural Area boundary from development through a
planned strategy of negotiation of voluntary easements,
acquisition of development rights, or purchase.
4.The City shall continue to seek to work cooperatively with the
Town of Ithaca to ensure the protection of the area.
5.The Six Mile Creek area shall be open to the public up to the
foot of Potter's Falls, subject to safety and maintenance
considerations.
6.The Six Mile Creek Gorge Committee shall be the advisory body
that shall coordinate City and public concerns about the
Natural Area.
7. An ecologically- informed management plan for the Six Mile Creek
area shall be promulgated by the Department of Public Works,
in consultation with the Six Mile Creek Gorge Committee,
Circle Greenway, and the Conservation Advisory Council, and
subject to the approval of the Board of Public
Works.
Motion to Refer to Committee
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That the resolution from the Six Mile Creek Committee on
the preservation of the Six Mile Creek Natural Area be referred to
the Planning and Development Committee.
Carried Unanimously
Executive Session
By Aiderperson Booth: Seconded by Alderperson Berg
RESOLVED, That Council adjourn into Executive Session to discuss a
legal issue regarding Comex Plaza and McCurdy's, a legal issue
regarding the Center Ithaca bankruptcy hearing and possibly a
legal issue regarding the ACC franchise.
Carried Unanimously
Regular Session
Common Council reconvened in regular session at 11:35 p.m. and
presented the following resolution:
ACC Franchise
By Alderperson Efroymson: Seconded by Alderperson Daley
RESOLVED, That the City take all appropriate steps to rescind its
authorization and consent to the transfer of the American
Television and Communication Corporation shares to Time Warner and
the transfer of the franchise from American Community Cablevision
to Time Warner Entertainment Company, L.P. including any necessary
transfers to one or more subsidiaries of Time Warner."
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11 :45 p.m.