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