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HomeMy WebLinkAboutMN-CC-1996-09-04COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 p.m. September 4, 1996 PRESENT: Mayor Cohen Alderpersons (8) - Mackesey, Shenk, Efroymson, Blumenthal, ABSENT: Alderpersons (2) - Johnson, Sams OTHERS PRESENT: City Clerk - Conley-Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Planning and Development Director - Van Cort Planning and Development Deputy Director - Sieverding Building Commissioner - Eckstrom Deputy Police Chief - Barnes Fire Chief - Wilbur Interim Personnel Administrator - Hurlbut Board of Public Works Commissioner - Ehrhardt Superintendent of Public Works - Gray Commons Coordinator - Deming GIAC Assistant Director - Thomas PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the March 6, 1996 Common Council Meeting By Alderperson Shenk: Seconded by Alderperson Marcham RESOLVED, That the Minutes of the March 6, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the April 3, 1996 Common Council Meeting By Alderperson Gray: Seconded by Alderperson Shenk RESOLVED, That the Minutes of the April 3, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the April 8, 1996 Common Council Meeting By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That the Minutes of the April 8, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the April 17, 1996 Common Council Meeting By Alderperson Shenk: Seconded by Alderperson Marcham RESOLVED, That the Minutes of the April 17, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the April 24, 1996 Common Council Meeting By Alderperson Gray: Seconded by Alderperson Hanna RESOLVED, That the Minutes of the April 24, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the May 1, 1996 Common Council Meeting By Alderperson Marcham: Seconded by Alderperson Gray RESOLVED, That the Minutes of the May 1, 1996 Common Council meeting be approved as published. Carried Unanimously Approval of Minutes of the May 8, 1996 Common Council Meeting By Alderperson Blumenthal: Seconded by Alderperson Marcham RESOLVED, That the Minutes of the May 8, 1996 Common Council meeting be approved as published. Carried Unanimously YOUTH AWARD: Alderpersons Shenk and Mackesey awarded the Youth Award to the participants of the "Justice Summer" program. The program included 15 young people between the ages of 16 and 24 who learned about, and participated in social justice issues. MAYOR'S APPOINTMENTS: Ithaca Urban Renewal Agency Mayor Cohen requested Council approval for the appointment of Richard D. Farr, 302 Sunnyview Lane, to the Ithaca Urban Renewal Agency, with a term to expire June 30, 2000. Resolution By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That Common Council approves the appointment of Richard Farr to the Ithaca Urban Renewal Agency with a term to expire June 30, 2000. Extensive discussion followed on the floor regarding the residency requirements for members of the IURA. A vote on the resolution resulted as follows: Ayes (3) - Marcham, Blumenthal, Shenk Nays (5) - Efroymson, Mackesey, Gray, Thorpe, Hanna Motion Failed COMMUNICATIONS: East Hill Neighborhood Improvements Alderperson Marcham thanked Acting Chief Barnes on behalf of the East Hill neighborhoods for the extra work he and the department completed in an attempt to maintain order and enforce city laws during the first week of the Fall semester. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Hospicare Ms. Nina Miller, Village of Cayuga Heights, addressed Council regarding the Hospicare request for an emergency grant. Substitute Park Land for Southwest Park Ms. Betsy Darlington, City of Ithaca, informed Council that Tompkins County was recently approached by a private individual who wished to purchase property on the Elmira Road. The County has rejected the proposal, however, several County Board members were unaware that the County's portion of the property is in the designated area for acquisition for substitute park lands for Southwest Park, which was approved by Common Council and New York State in 1985 and reaffirmed by Common Council in 1995. West End Business District Ms. Cynthia Yahn, City of Ithaca, requested that the West End Business Association be placed on the Budget and Administration Committee agenda to discuss public relations funding, and property tax relief proposals. She stated that the Association has contacted Tompkins County, the Ithaca City School District, and Assemblyman Luster for further discussion of this matter. A petition is currently being circulated to all involved parties within the district. Ms. Yahn further requested that the Association be placed on the Planning and Economic Development Committee for discussion regarding parking issues. RESPONSE TO THE PUBLIC: Alderperson Blumenthal noted that the land in the FW1 zone on the Elmira Road is restricted and development is prohibited. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Commissioner Ehrhardt reported to Council on the following matters: The Board passed a resolution granting a request from the Short Stop Deli for a 85-foot loading zone on the east side of North Albany Street, and the use of State Street bricks for improvements on the West Seneca Street side of the property. The Board passed a resolution awarding bids for two pieces of paving equipment for the Streets and Facilities Division. The Board passed a resolution changing the hours for public use of the Six Mile Creek Natural Area and the adjoining parking area on Giles Street. The hours are now 4:00 a.m. - 10:00 p.m. The Traffic Committee met with residents of lower South Hill concerning a request to change one block of South Hill Terrace to a one-way street. The request is still under consideration. Recreation Partnership Alderperson Hanna, liaison to the Recreation Partnership, reported that he will be placing mailboxes an update from Nancy Zahler in Council mailboxes regarding the status of each municipalities participation in the partnership. Southside Festival Alderperson Efroymson noted that the Southside Festival is scheduled for Saturday, September 7, 1996, from 11 a.m. to 8 p.m. COMMUNICATIONS FROM THE MAYOR: Welcome Back Students Mayor Cohen welcomed all the Cornell University and Ithaca College students to the City of Ithaca. Mayor's Office Mayor Cohen stated that questions have been raised staff members regarding the operations of the Mayor's office and made the following disclosure: In late February, 1996 he wrote a letter on City letterhead on behalf of an Ithaca resident who was incarcerated and was scheduled to be released. He stated that it has always been his belief that as the elected leader of the community, he was within his rights to submit it. Since the letterhead controversy arose, he has restrained from writing any other such letters. Three additional letters were written to personal friends on City stationary. A package of newspapers were mailed to his mother, and the City Controller has been reimbursed for the postage costs. He has not accepted any gifts over $75.00 in value, but has received smaller gifts, and has gone out to dinner with friends and business associates. All trips taken have been Mayoral business, to NYCOM, and Washington, D.C. Graffiti Removal Day Mayor Cohen thanked the Community Police Officers and the local residents that participated in the most recent graffiti removal day. PROCLAMATIONS: Mayor Cohen proclaimed September 1, 1996 as "Bound for Glory Day". PBA Ball Mayor Cohen announced that the Policeman's Ball is scheduled for October 5, 1996. REPORT OF THE CITY ATTORNEY: Litigation Matters City Attorney Geldenhuys stated that the Heritage Coalition has appealed to the Court of Appeals. She has been notified that the Coalition was not granted permission to appeal to the Court of Appeals, so they have exhausted all avenues of appeal and the case is officially over. City Attorney Geldenhuys reported that an appeal has been filed in the matter of Storrs vs City Clerk Holcomb. The Storrs filed a direct appeal with the Court of Appeals, and City Attorney Geldenhuys has filed an objection to that appeal. City Attorney Geldenhuys noted that the City of Ithaca vs. EPG Associates and Lambrou, is a code violation case for over occupancy and conversion of property from two unit to multiple family. City Attorney Geldenhuys stated that the Larry Brown vs. City of Ithaca case regarding wrongful arrest has been dismissed. COMMUNITY ISSUES COMMITTEE: * 17.1 Request for Funding for Martin Luther King Day Celebration By Alderperson Thorpe: Seconded by Alderperson Gray WHEREAS, the Martin Luther King celebration offers cultural, diverse programs and keeps within the theme and spirit of uniting people together, and WHEREAS, next year's funding will include City, County and Cornell; now, therefore, be it RESOLVED, That the City fund the Martin Luther King Day celebration in an amount not to exceed $1,800, and be it further RESOLVED, That a way will be worked out to get them included in our community funding process for next year. Carried Unanimously * 17.2 Request for Funding for the Hospicare Center By Alderperson Thorpe: Seconded by Alderperson Hanna WHEREAS, Hospicare provides care for people who are unable to remain in their homes, because they do not have a primary care giver or their homes are unsafe, and WHEREAS, the costs for many of these patients are not fully covered by Medicare or their incomes are so low that they cannot pay; now, therefore, be it RESOLVED, That $4,000 be taken from unrestricted contingency to help subsidize the Hospicare program for needy patients. Extensive discussion followed on the floor regarding the amount of Hospicare's request, and the procedures for emergency funding requests. Amending Resolution By Alderperson Thorpe: Seconded by Alderperson Shenk RESOLVED, That the Resolved clause be amended to read as follows: "RESOLVED, That $1,500 be taken from unrestricted contingency to help subsidize the Hospicare program for needy patients." The Motion was withdrawn by Alderpersons Thorpe and Shenk. Amending Resolution By Alderperson Mackesey RESOLVED, That the Resolved clause be amended to read as follows: "RESOLVED, That $2,500 be taken from unrestricted contingency to help subsidize the Hospicare program for needy patients." The motion failed for lack of a second. Main Motion A vote on the Main Motion resulted as follows: Ayes (4) Gray, Hanna, Efroymson, Mackesey Nays (4) Blumenthal, Marcham, Thorpe, Shenk Motion Fails Amending Resolution By Alderperson Thorpe: Seconded by Alderperson Shenk RESOLVED, That the Resolved clause be amended to read as follows: "RESOLVED, That $1,500 be taken from unrestricted contingency to help subsidize the Hospicare program for needy patients." Ayes (5) Gray, Efroymson, Mackesey, Thorpe, Shenk Nays (3) Blumenthal, Marcham, Hanna Motion Fails Amending Resolution By Alderperson Hanna: Seconded by Alderperson Efroymson RESOLVED, That the Resolved clause be amended to read as follows: "RESOLVED, That $2,500 be taken from unrestricted contingency to help subsidize the Hospicare program for needy patients." Alderpersons Hanna and Efroymson withdrew their amendment. Amending Resolution By Alderperson Hanna: Seconded by Alderperson Thorpe RESOLVED, That the Resolved clause be amended to read as follows: "RESOLVED, That $1,800 be taken from unrestricted contingency to help subsidize the Hospicare program for needy patients." Ayes (5) Mackesey, Efroymson, Hanna, Thorpe, Gray Nays (3) Shenk, Marcham, Blumenthal Motion Fails Amending Resolution By Alderperson Hanna: Seconded by Alderperson Mackesey RESOLVED, That the Resolved clause be amended to read as follows: "RESOLVED, That an amount of $1,500 be taken from unrestricted contingency and placed in account A1012-5435 to help subsidize the Hospicare program." Ayes (6) - Hanna, Mackesey, Thorpe, Efroymson, Shenk Nays (2) - Marcham, Blumenthal Carried Main Motion as Amended A vote on the Main Motion an Amended resulted as follows: Ayes (6) - Hanna, Mackesey, Thorpe, Efroymson, Shenk Nays (2) - Marcham, Blumenthal Carried LAW AND GOVERNANCE COMMITTEE Proposed Committee of the Whole/Council Meeting Procedures - Report Alderperson Efroymson reported that the Common Council Committee of the Whole meeting agendas will now be available on the Tuesday before the meeting. He stressed the need for Department Heads to submit their supporting materials to the City Clerk's office in time to be included in the agenda packets. Alderperson Efroymson reported that the Law and Governance Committee discussed the topic of presentations made at the Committee of the Whole meetings. The Committee concurred that criteria should be established for the scheduling of presentations. The following proposals were discussed: If a council member, a department head, or the mayor, requests that a presentation be made to Common Council, then it should be referred to a committee for discussion and the committee would decide if the appropriate forum is a presentation to the full Common Council. or The Committee Chairperson could decide if the presentation should be made in front of the full Council. Discussion followed on the floor regarding various options. The matter will be discussed further at the next Law and Governance Committee meeting. Items 14.2 through 14.9 These Items were withdrawn from the agenda. Extensive discussion followed on the floor regarding mandatory referendum procedures. City Attorney Geldenhuys stated that the Municipal Home Rule Law, Section 23, explains the time line for referendum items. She further explained that the laws that will be considered at the November general election have to be adopted by September 6, 1996. City Attorney Geldenhuys explained that State law requires that once a majority of Council votes in favor of a law, there is a specified procedure whereby it is presented to the Mayor, a public hearing is held, and the Mayor has to approve or disapprove the law. If it is not subject to referendum the Mayor's approval is the final step, and then it is filed with the Secretary of State and becomes law. If there is a referendum requirement, that is the last step required before the law is sent to referendum. City Attorney Geldenhuys stated that if the Mayor disapproves the law, he is required to provide the reasons for his disapproval in writing to the City Clerk. The City Clerk, at the next regularly scheduled meeting of Council presents the written reasons. Council then has the opportunity to override the veto on a two- thirds vote of Council, excluding the Mayor. If there is a two- thirds vote, then the veto is overridden and the law is approved. City Attorney Geldenhuys further stated that the whole process needs to be completed, including override of a possible veto, by September 6, 1996, or these laws cannot be placed on the November ballot. If a veto is exercised later than September 6, 1996, these items would either go to the 1997 general election, or they could be presented to a special election. Assuming that there is a veto override, it has to happen at a regular meeting of Council, which would be tonight. The deadline for mayoral action on these votes is after September 6, 1996 in both cases. On the first set of local laws, the deadline is September 9, 1996, and the deadline for the second set of local laws is September 14, 1996. Extensive discussion followed on the floor regarding the aforementioned procedures. BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 Youth Bureau - Request to Amend Personnel Roster By Alderperson Shenk: Seconded by Alderperson Thorpe WHEREAS, the Youth Bureau experimented with the idea of assigning communication, public relations, record keeping, and other non- direct duties to one staff member, and WHEREAS, the Youth Bureau concluded that all titles in the One- to-One Program should relate directly to youth work and volunteer supervision; now, therefore, be it RESOLVED, That the Youth Bureau's 1996 Personnel Roster be amended as follows: Add: One (1) Youth Worker Position 35 hours/week Delete: One (1) Administrative Assistant 35 hours/week and be it further RESOLVED, That this Personnel Amendment does not impact the 1996 Youth Bureau Budget. Carried Unanimously * 15.2 Youth Bureau/GIAC - Request Funds for GIAC Door Replacement By Alderperson Shenk: Seconded by Alderperson Mackesey WHEREAS, the 1996 GIAC Budget included $5,451 for the replacement of six doors at GIAC, and WHEREAS, quotes have been received with cost estimates at $19,800 for the replacement of all six doors at GIAC, and WHEREAS, Staff has reviewed the door replacement quotes and is recommending that Novarr Mackesey be hired to complete the door replacement project at a cost of $19,800; now, therefore, be it RESOLVED, That the Contractor Novarr Mackesey be hired to replace six doors at GIAC at a cost not to exceed $19,800, and be it further RESOLVED, That an amount not to exceed $14,349 be transferred from Account 1990 Unrestricted Contingency to Account A7311-5480- 1100 GIAC Building Maintenance for the replacement of six doors at GIAC. Carried Unanimously * 15.3 Finance/Controller - Request to Approve 1996-1997 Civil Service Agreement By Alderperson Shenk: Seconded by Alderperson Marcham RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period July 1, 1996 to June 30, 1997, in the amount of $26,716.00, payable to the City of Ithaca on or before November 1, 1996. Carried Unanimously * 15.4 Finance/Controller - Request to Approve 1995 Annual Financial Report This item was withdrawn from the agenda. * 15.5 Mayor - Designation of Systems Administrator Position By Alderperson Shenk: Seconded by Alderperson Gray WHEREAS, Common Council has established the position of Systems Administrator, subject to a job evaluation to be performed by the Interim Personnel Administrator, and subject to Civil Service Commission approval; now, therefore, be it RESOLVED, That, based on said evaluation, the position of Systems Administrator be designated as Management Confidential, 40 hours, in accordance with Section 201 (7a) of the Civil Service Law, with an annual salary range of $35,000 to $45,000, and be it further RESOLVED, That subsequent to approval by the Civil Service Commission, the Mayor shall administer a statewide search process to fill said position. Carried Unanimously * 16.6 Planning - Request for Funding for West End Public Relations Program By Alderperson Shenk: Seconded by Alderperson Blumenthal RESOLVED, That an amount up to $2,000 be transferred from Account A1990, Unrestricted Contingency to Account A8020-430, Planning Department Fees for Professional Services, to fund the West End Public Relations Program, in connection with the Route 96 reconstruction project. Carried Unanimously RECESS: Common Council recessed at 8:50 p.m. and reconvened at 9:00 p.m. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: * 16.1 400 Block East State Street Rezoning - a. Designation of Lead Agency Status for Environmental Review By Alderperson Blumenthal: Seconded by Alderperson Gray WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of the Zoning Map, Section, 325-5 of the City of Ithaca Municipal Code requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendment to the City Code. Carried Unanimously * 16.1b An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code --Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Johnson RESOLVED, That Ordinance 96-___ entitled “An Ordinance Amending the Zoning Map, Section 325-5 of the City of Ithaca Municipal Code” is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, October 2, 1996, at 7:00 p.m., and be it further RESOLVED, That the City Clerk shall 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. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered shall be as follows: ORDINANCE NO. 96 -- An Ordinance Amending the Zoning Map, Section 325-5 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. The City of Ithaca Municipal Code, Section 325-3 entitled "Zoning Map" is hereby amended to add the following: "Section 325-5. Zoning Map. That an area generally bounded by East State Street, East Green Street, Six-Mile Creek, and a line forming the easterly boundary of Tax Parcel 69-6-3 and then extending on the same alinement to Six-Mile Creek, is reclassified from the B-4 district to the CBD-60 district." Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. * 16.2A B-1 Zone/Medical Offices Zoning Amendment - Designation of Lead Agency Status for Environmental Review By Alderperson Blumenthal: Seconded by Alderperson Efroymson WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of the Section 325-8, District Regulations, of the City of Ithaca Municipal Code requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendment to the City Code. Carried Unanimously * 16.2B An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code --Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Marcham RESOLVED, That Ordinance 96-___ entitled “An Ordinance Amending the Zoning Map, Section 325-8 of the City of Ithaca Municipal Code, regarding District Regulations” is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, October 2, 1996, at 7:00 p.m., and be it further RESOLVED, That the City Clerk shall 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. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered shall be as follows: ORDINANCE NO. 96 -- An Ordinance Amending the Zoning Map, Section 325-8 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. The City of Ithaca Municipal Code, Section 325-8 entitled "District Regulations" is hereby amended as follows: 1. Revise Item 2 in Column 2, Permitted Primary Uses, for C-SU to read: “2. Professional offices of computer consultant, architect, engineer, lawyer, realtor, accountant, planning, management, design and finance consultants, and similar occupations based on provision of written, verbal, graphic or electronically-transmitted materials to clients; or medical or dental offices. (See Sec. 325-42, -43, and -44)” 2. Delete Item 3 in Column 2, Permitted Primary Uses, for C-SU. 3. Revise Item 1 in Column 2, Permitted Primary Uses, for B-1 to read: “1. Any use permitted in C-SU.” Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. * 16.3 Flood Control Channel Dredging By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, the flood control channel was constructed in the City of Ithaca by the Army Corps of Engineers, and WHEREAS, the New York State Department of Environmental Conservation has responsibility for long-term maintenance of the flood control channel, and WHEREAS, the Army Corps of Engineers has authority and funding under Public Law 84-99 to dredge and riprap that part of the flood control channel from State Street Bridge running south to the fish ladder and stabilize its banks, and WHEREAS, bank stability and sedimentation in the channel have long been a concern to the City of Ithaca, and WHEREAS, these concerns have been exacerbated by the flood events during the Winter of 1996; now, therefore, be it RESOLVED, That the City of Ithaca does hereby urge the Army Corps of Engineers and the Department of Environmental Conservation to take all necessary steps to dredge and stabilize the flood control channel as described above, and be it further RESOLVED, That the City Clerk is hereby directed to transmit copies of this resolution to Representative Maurice Hinchey, State Assemblyman Martin Luster and State Senator James L. Seward in addition to the Army Corps of Engineers and New York State Department of Environmental Conservation. Carried Unanimously Northside Land Use Plan - Report Alderperson Blumenthal reported that the final recommendations on the Northside Land Use plan were completed in December 1990. That report was updated in June 1994. The plan was not adopted by either the Common Council or the Planning Board at that time. There is very little opposition to the suggestions in the study and in fact many recommendations have already been adopted and implemented, such as the Sciencenter. Discussion will continue on this matter at the October Planning Committee meeting, following formal comments by the Planning Board at their September meeting. Awning Ordinance Revisions - Report Alderperson Blumenthal stated that the present ordinance for approving awnings and canopies is highly complex and requires several layers of review by City Boards, including the ILPC, the Design Review Board, and possibly the Commons Advisory Board. She said that the Committee is attempting to simplify that process. Planning and Development Director VanCort and Building Commissioner Eckstrom are proposing that we establish criteria that would allow certain types of awnings to be approved. This process would allow the applicant to be given a permit by the Building Department without needing to go to a Board for discretionary approval, if the awning didn't meet those criteria, it would be forwarded to the appropriate discretionary Board after that. Alderperson Blumenthal stated that this matter will be further discussed at the next Planning Committee meeting. NEW BUSINESS: * 18.1 Proposed Resolution on "New Southwest Park/Provision of Public Access from Elmira Road, etc. By Alderperson Gray: Seconded by Alderperson Thorpe WHEREAS, the City of Ithaca has determined that the present Southwest Park should be alienated and has identified substitute park land that includes the Negundo Woods, an unchannelized section of the Cayuga Inlet and adjacent fields and wetlands, and WHEREAS, the Common Council reaffirmed on June 7, 1995, that the City of Ithaca intends to use Parcels A1 and A2, as identified in Chapter 757 of N.Y.S. Laws of 1985, as substitute park land for Southwest Park, and WHEREAS, the City and Town have cooperated in identifying and attempting to acquire said substitute park lands, and significant public investment has already occurred, and WHEREAS, the City's Conservation Advisory Council, the Town Conservation Board, the Tompkins County Management Council, the City's Parks Commission and the Tompkins County Greenway Coalition have all endorsed the substitute park land as a natural area more attractive and more important for protection than the present Southwest Park, and WHEREAS, the optimal use of the new park/natural area requires adequate public access from both the Town (Route 13A) and City (Elmira Road) sides, as well as non-conflicting adjacent land uses, and WHEREAS, the currently designated substitute park land does not provide for adequate public access to the new park/natural areas from the City side, and WHEREAS, current City zoning does not adequately protect the proposed park/natural area from conflicting adjacent land uses that could have a detrimental impact on views, drainage, noise, litter, glare, and potential for public access, and WHEREAS, Tompkins County owns property that is both within and adjacent to the proposed park/natural area; now, therefore, be it RESOLVED, That the City of Ithaca reaffirms its support for acquisition of the proposed substitute park land to replace at least part of the present Southwest Park, and encourages the Town of Ithaca to take any steps necessary to acquire or secure all the designated land, to prevent inappropriate development thereof, and to make such efforts a high priority, and be it further RESOLVED, That Common Council urges the Tompkins County Board of Representatives to consult and coordinate with the City's Planning and Economic Development Committee in a timely fashion, before any County-owned land in the area is conveyed to private parties, to ensure that provision is made for adequate public access from Elmira Road and for protection of the proposed park/natural area from conflicting adjacent land uses. Extensive discussion followed on the floor regarding the urgency of this matter. Alderperson Shenk stated that she would prefer that this matter be referred to the Planning Committee and brought back to Council next month through the committee. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Shenk RESOLVED, That the fifth, sixth, seventh and eighth Whereas Clauses be deleted from the resolution as well as the first Resolved Clause, and end the final Resolved Clause after the word "parties". A vote on the Amending Resolution resulted as follows: Ayes (7) - Gray, Efroymson, Thorpe, Shenk, Mackesey, Marcham, Hanna Nay (1) - Blumenthal Carried (7-1) Main Motion as Amended A vote on Main Motion as Amended resulted as follows: Ayes (7) - Gray, Efroymson, Thorpe, Shenk, Mackesey, Marcham, Hanna Nay (1) - Blumenthal Carried Unanimously The resolution in final form shall read as follows: WHEREAS, the City of Ithaca has determined that the present Southwest Park should be alienated and has identified substitute park land that includes the Negundo Woods, an unchannelized section of the Cayuga Inlet and adjacent fields and wetlands, and WHEREAS, the Common Council reaffirmed on June 7, 1995, that the City of Ithaca intends to use Parcels A1 and A2, as identified in Chapter 757 of N.Y.S. Laws of 1985, as substitute park land for Southwest Park, and WHEREAS, the City and Town have cooperated in identifying and attempting to acquire said substitute park lands, and significant public investment has already occurred, and WHEREAS, the City's Conservation Advisory Council, the Town Conservation Board, the Tompkins County Management Council, the City's Parks Commission and the Tompkins County Greenway Coalition have all endorsed the substitute park land as a natural area more attractive and more important for protection than the present Southwest Park; now, therefore, be it RESOLVED, That Common Council urges the Tompkins County Board of Representatives to consult and coordinate with the City in a timely fashion, before any County-owned land in the area is conveyed to private parties. CONTINUATION OF MEETING: By Alderperson Efroymson: Seconded by Alderperson Hanna RESOLVED, That this Common Council meeting shall continue to Friday, September 6, 1996 at 12:00 noon. Carried Unanimously Julie Conley Holcomb Alan J. Cohen City Clerk Mayor CONTINUATION OF SEPTEMBER 4, 1996 COMMON COUNCIL PROCEEDINGS September 6, 1996 12:00 p.m. PRESENT: Acting Mayor Thorpe Alderpersons (7) Shenk, Mackesey, Efroymson, Gray, March OTHERS PRESENT: City Clerk - Conley Holcomb EXCUSED: Mayor Cohen Alderpersons (2) Sams, Johnson Alderperson Efroymson reported that there were no items to vote on at this time. He further explained the procedures involved with a special election. Alderperson Blumenthal left the meeting at 12:30 p.m. RECESS: By Alderperson Mackesey: Seconded by Alderperson Gray RESOLVED, That Common Council recess until 11:30 p.m. tonight. Carried Unanimously Julie Conley Holcomb Rochella Thorpe City Clerk Acting Mayor CONTINUATION OF SEPTEMBER 4, 1996 COMMON COUNCIL PROCEEDINGS September 6, 1996 11:30 p.m. PRESENT: Acting Mayor Thorpe Alderpersons (7) Shenk, Efroymson, Hanna, Marcham, Gray, Mackesey, Blumenthal OTHERS PRESENT: City Clerk - Conley Holcomb EXCUSED: Mayor Cohen Alderpersons (2) Sams, Johnson Alderperson Efroymson stated that there are no items to vote on at this time. Discussion followed on the floor regarding cost estimates for a special election. The Law and Governance Committee will be discussing this issue further at their next meeting. Alderperson Hanna requested that the record show the reason for Mayor Cohen's absence. City Clerk Holcomb reported that the Mayor was not present due to prior commitments. ADJOURNMENT: On a motion the meeting adjourned at 11:45 p.m. Julie Conley Holcomb Rochella Thorpe City Clerk Acting Mayor