HomeMy WebLinkAboutMN-CC-1998-04-13
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 7:00 P.M. April 13, 1998
PRESENT:
Mayor Cohen
Alderpersons (9) Sams, Gray, Marcham, Blumenthal, Manos,
Farrell, Taylor, Vaughan, Spielholz
OTHERS PRESENT:
City Clerk – Conley Holcomb
Planning Systems Administrator – Foster
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to
the American flag.
DELETIONS FROM THE AGENDA:
Mayor Cohen deleted Item 2.2 - Funding for a Community
Survey. This item will be discussed at the next Budget and
Administration Committee meeting.
2.1 TCAT Appointments
Mayor Cohen explained the memo issued by City Attorney
Geldenhuys, and memos from Tompkins County Attorney
Jonathan Woods and Alderperson Marcham.
Resolution
By Mayor Cohen: Seconded by Alderperson Marcham
RESOLVED, That Alderpersons Marcham, Gray, and Farrell be
appointed to serve on the Tompkins County Area Transit
Board.
Alderperson Manos commented on the January Common Council
resolution which stated that it was the intent of Council
that the third appointee be chosen for sensitivity,
experience, and a working knowledge of labor and ridership
concerns.
Alderperson Sams voiced her agreement with Alderperson
Manos, and state that the City made a commitment that
someone outside of Common Council would be appointed to the
TCAT Board.
Alderperson Spielholz stated that she felt that the intent
of the January resolution should be fulfilled, and that a
labor representative be appointed to the Board.
Amending Resolution:
By Alderperson Vaughan : Seconded by Alderperson Spielholz
RESOLVED, That this item is tabled until the Program
Analysis Meeting on April 27, 1998 with an absolute
consideration deadline of that date.
Ayes (5) Sams, Manos, Taylor,
Vaughan, Spielholz
Nays (3) Farrell, Blumenthal, Gray
Abstain (1) Marcham
Carried
April 13, 1998
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2.3 Southwest Park Alienation – Home Rule Request
By Alderperson Vaughan : Seconded by Alderperson Blumenthal
WHEREAS, certain lands situated in the Southwest portion of
the City of Ithaca have been acquired, reserved or
designated for park and recreation purposes and are no
longer useful for such purposes, and
WHEREAS, the Common Council of the City of Ithaca wishes
to:
(1) Discontinue the use of those lands for park and
recreation purposes, and
(2) Be authorized and empowered to discontinue the use as
park land, and
(3) Sell and convey these lands upon such terms and
conditions as Common Council shall deem appropriate
and,
WHEREAS, Common Council has investigated and located
potential substitute parklands; now, therefore, be it
RESOLVED, That the Mayor and the City Clerk are hereby
authorized and directed to file a Home Rule Request with
the New York State Legislature requesting that the New York
State Legislature enact a special law entitled “An act to
authorize the City of Ithaca, Tompkins County, to
discontinue the use of certain lands owned for park and
recreation purposes”, Assembly No. A10677 and Senate No.
S.6901.
Carried Unanimously
2.4 Brownfields Grant Application Authorization
By Alderperson Vaughan : Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca herein called the
“Municipality”, after thorough consideration of the various
aspects of the problem and study of available data, has
hereby determined that certain work, as described in its
application and attachments, herein called the “Project”,
is desirable, is in the public interest, and is required in
order to implement the Project; and
WHEREAS, Article 56 of the Environmental Conservation Law
authorized State assistance to municipalities for
environmental restoration projects by means of a contract
and the Municipality deems it to be in the public interest
and benefit under this law to enter into contract
therewith; now, therefore, be it
RESOLVED, By the Common Council of the City of Ithaca
1. That the Mayor of the City of Ithaca is the
representatives authorized to act in behalf of the
Municipality’s governing body in all matters related to
State assistance under ECL Article 56, Title 5. The
representative is also authorized to make application,
execute the State Assistance contract, submit Project
documentation, and otherwise act for the Municipality’s
governing body in all matters related to the Project
and to State assistance;
2. That the Municipality agrees that it will fund its
portion of the cost of the Project and that funds will
be available to initiate the Project’s field work
April 13, 1998
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within twelve (12) months of written approval of its
application by Department of Environmental
Conservation;
3. That one (1) certified copy of this resolution be
prepared and sent to the Albany office of the New York
State Department of Environmental Conservation together
with the Application for State Assistance;
4. That this resolution takes effect immediately.
Alderperson Marcham voiced her opposition to the
application because she believes it commits the City
financially to the project. Mayor Cohen suggested that
Common Council pass a companion resolution asking the Mayor
not to take any action on this matter without consulting
Common Council.
Companion Resolution:
By Alderperson Blumenthal : Seconded by Alderperson Marcham
RESOLVED, That the Mayor will not take any action on the
Brownfields Application for Ithaca Falls, nor financially
commit the City in any regard without authorization from
Common Council.
Ayes (6) Gray, Marcham, Blumenthal,
Farrell, Vaughan, Spielholz
Nays (3) Sams, Taylor, Manos
Carried
Main Motion
A vote on the Main Motion resulted as follows:
Carried Unanimously
2.5 Simeon’s Alcohol Permit Request
By Alderperson Sams : Seconded by Alderperson Farrell
WHEREAS, since 1987 the City of Ithaca has issued a license
to Simeon's Restaurant allowing that restaurant to utilize
certain areas along Aurora Street and on the Ithaca Commons
for outdoor dining, and
WHEREAS, this use of public property has generally been
deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of
the Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of
alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at Simeon's Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this
or similar public property involving the same and consumption
of alcohol should be covered by a minimum of $500,000.00
insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 1998, that Common Council hereby
approves a revocable license agreement for the outdoor sale
and consumption of alcohol between the City and Simeon's
April 13, 1998
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Restaurant that includes the sale of alcohol in accord with
the terms and conditions set forth in application therefore,
including minimum Dram Shop coverage in the amount of
$500,000.00 and Commons Advisory Board approval for outdoor
dining permits.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting was adjourned at 7:50 P.M.
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor