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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 2 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 3 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 4 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