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HomeMy WebLinkAboutMN-CC-1999-10-06 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 October 6, 1999 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey Manos, Farrell, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb Assistant City Attorney – Dunn City Controller – Cafferillo Planning and Development Director – Van Cort Economic Development Director - McDonald Superintendent of Public Works – Gray Asst. Supt. of Water & Sewer - Fabbroni Fire Chief - Wilbur PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Community Issues Committee: Alderperson Taylor requested the deletion of Item 18.1 – An Ordinance Providing for the Clean-Up of Graffiti from Public and Private Property. Planning and Economic Development Committee: Alderperson Blumenthal requested the deletion of Items 19.1(a) and (b) – An Ordinance Amending the Municipal Code of the City of Ithaca, Chapter 325, Section 325-4 “Zoning” to Change the Zoning Designation of Certain Areas of the City from M-1 (Marine Commercial District) and b-4 (Business) as applicable to Waterfront Zoning District (WF-1). Youth Award: Alderperson Hershey requested the deletion of the Youth Award. The award recipient is out of the country as part of an exchange student program. Budget and Administration Committee: Alderperson Marcham requested the addition of Item 17.6 – A Trade of Land by Newman Municipal Golf Course - Report. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Proposed Disposition of Carpenter Business Park Resolution By Alderperson Vaughan: Seconded by Alderperson Marcham RESOLVED, That the Public Hearing to Consider the Proposed Disposition of Carpenter Business Park be declared open. Carried Unanimously No one appeared to address Council. October 6, 1999 2 Resolution By Alderperson Hershey: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing to Consider the Proposed Disposition of Carpenter Business Park be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Regi Teasley, John Beach,and Nicole Carrier, City of Ithaca, addressed Council to endorse the Board of Public Works “South of the Creek” Traffic Plan. Ken Hallett, City of Ithaca, requested information on the Drug House Task Force’s role in the barbershop case. Martha Robertson, Town of Dryden, supports the resolution regarding the North East Subarea Transportaion Study. Ken Bangerter, City of Ithaca, spoke in opposition to the Wood and South Streets reconfiguration. Joel Harlan, Town of Dryden, spoke about increasing dependence on Human Service agencies. Sue Kirkpatrick, City of Ithaca, spoke in support of the Wood and South Streets reconfiguration. Fay Goughakis, City of Ithaca, spoke about the increase of violent crime in Ithaca. RESPONSE TO THE PUBLIC: Alderperson Hershey responded to comments made regarding crime in Ithaca and clarified statements made by the Ithaca Police Department personnel. Alderperson Shenk responded to comments made by Mr. Hallett regarding the Drug House Task Force and explained the role of the Task Force. Alderperson Farrell explained that she is a member of the Drug House Task Force, and that the Task Force is a forum for different agencies to come together to share information for the common cause of eliminating drugs. Alderperson Sams explained that she is a former member of the Task Force, and feels that the Task Force should review its original goals and the objectives used to reach those goals. Mayor Cohen spoke regarding the Wood & South Street reconfiguration, and stated that it would take effect in January. TCAT will re-route one run to accommodate residents of that area. Mayor Cohen responded to Mr. Hallett’s comments regarding the Drug House Task Force, and re-iterated that his office was not involved in the Barbershop case. October 6, 1999 3 COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Blumenthal announced that the Planning and Economic Development Committee will not meet in October. Alderperson Taylor announced that Community Issues will not meet in October. Alderperson Manos announced that the Human Resources Committee will meet October 25, 1999. Alderperson Marcham announced that the Budget and Administration Committee will meet on October 21, 1999. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen read a proclamation declaring October “Domestic Violence Awareness” month. Mayor Cohen announced that the Women’s Soccer League is recruiting new members. Mayor Cohen announced the Ithaca High School Class of 2000 Tree Top Project is progressing nicely, and that contributions of time and money are still needed. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Vice-Chair Ehrhardt, reported on the following: 1) East Spencer/Prospect Street – traffic calming measure has been installed. 2) Franklin Street - residents have requested traffic calming measures as there are three child care centers within a small radius. 3) Carpenter Circle – There is a very large water main under the existing roadway, a buried sewer interceptor close to the railroad tracks, and granite curbing that the Department of Public Works is interested in retaining if possible. 4) Water and Sewer Capital Projects have been submitted with the Mayor’s budget. 5) Bike Plan Public Hearing – Vice-Commissioner Ehrhardt thanked the community for the large volume of responses. The Board of Public Works will discuss the bike plan on October 20,1999. 6) South of the Creek Traffic Project- Short Term Goals: a) Design and construct a form of timer and stone to place in the intersection of South Albany and West Spencer Streets which channels turning movement in a safe manner b) Design and construct a basic traffic calming gateway a the southern end of South Albany Street extending from the 600 block south along Old Elmira Road at least half- way to its intersection with South Plain Street c) Install a diverter across the intersection of wood Street and Fair Street d) Install a diverter across the intersection of South Street and Fair Street e) Design and install traffic calming devices in the 400 block of South Geneva Street f) Install “bump-outs” on the east side of South Albany Street October 6, 1999 4 g) Design and implement a means of discouraging traffic from exiting Park Street onto Albany Street in a manner satisfactory to the residents and to the Ithaca Fire Department h) Install “No Turn on Red” signs at all instersections of South Titus Avenue and Albany Street and at the south and east sides of the intersection of North Titus Avenue and Albany Street Long Term Goals: i) Ask the GEIS Traffic Consultant for the Southwest Area to submit a report to Common Council with all possible elements for a long-term solution Alderperson Manos expressed concern about emergency vehicles accessing Turner/Spencer Streets. Fire Chief Wilbur explained that emergency vehicles can access Spencer/Turner Streets by entering from Aurora Street, down Clinton Street to Spencer/Turner Streets, but can not access it coming up the Clinton Street hill. Alderperson Blumenthal voiced her concerned about the impacts the South of the Creek traffic calming measures will have on other neighborhoods. She expressed concern about setting a precedence for closing streets. She further questioned why this action should be taken before the consultant conducts the study for the Southwest Park Area. Alderperson Blumenthal stressed the importance of reviewing this project within the 90-day period. Alderperson Farrell stated that she is also concerned about the impact on other neighborhoods, as well as the fact that the consultant has not completed the study of the larger Southwest Park area. She further spoke in favor of the 90-day review. Barbara Ebert, Tompkins County Environmental Management Council, explained her role as the City’s liaison to the Council. She further requested that Common Council feel free to contact her or the EMC with environmental issues they would like to see addressed. 16. CONSENT AGENDA ITEMS: 16.2 DPW/Water and Sewer – Request to Amend Authorized Personnel Roster Reduction in Hours By Alderperson Vaughan: Seconded by Alderperson Marcham WHEREAS, Paige Rumsey has requested a voluntary reduction in her work hours from September 13, 1999 through June 17, 2000 and WHEREAS, the Department of Public Works is able to accommodate her request and wishes to do so, and WHEREAS, the Personnel Roster of the Department of Public Works also needs to be amended to clarify Ms. Rumsey’s correct job title as authorized by the Civil Service Commission; now, therefore, be it October 6, 1999 5 RESOLVED, That the Personnel Roster of the Department of Public Works be amended for the period September 13, 1999 through June 17, 2000 as follows: Add: One (1) Senior Account Clerk (35 hrs) Delete: One (1) Senior Account Clerk-Typist (40 hrs) Carried Unanimously 16.3 Human Resources – Request to Transfer Funds for Employee Recognition By Alderperson Vaughan: Seconded by Alderperson Marcham WHEREAS, Common Council placed $5,000 in restricted contingency 1999 budget for employee recognition, and WHEREAS, a recognition subcommittee has developed an employee recognition program that will be introduced at the Employee Picnic; now, therefore, be it RESOLVED, That Common Council hereby approves an amount not to exceed $5,000 to be transferred from account A1990 Restricted Contingency to the Human Resources budget, account A1430-5440 Staff Development. Carried Unanimously REGULAR AGENDA ITEMS: 17. BUDGET AND ADMINISTRATION COMMITTEE: 17.0 DPW/Water and Sewer – Request to Amend Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson Spielholz RESOLVED, That the 1999 Water and Sewer Department Authorized Personnel Roster be amended as follows: Add: One (1) Senior Water Treatment Plant Operator (40 hrs.) Delete: One (1) Water Treatment Plant Operator (40 hrs.) and, be it further RESOLVED, That William Baker be hereby provisionally appointed to the position of Senior Water Treatment Plant Operator at a 1999 annual salary of $41,338, that being Grade 13 of the CSEA Administrative Unit effective October 12, 1999, and, be it further RESOLVED, That funds necessary for said personnel roster amendment shall be derived from existing funds in the 1999 Water and Sewer Budget, and, be it further RESOLVED, That said appointment is subject to approval by the Civil Service Commission. Carried Unanimously 17.1 Common Council – Process for Sale of Fire Station No. 7 By Alderperson Marcham: Seconded by Alderperson WHEREAS, the Fire Department has been assisted by the Planning Department and Controller’s Office regarding the sale of Fire Station No. 7, and October 6, 1999 6 WHEREAS, it is now being recommended that the Board of Fire Commissioners place Fire Station No. 7 up for sale through a sealed bid process; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Board of Fire Commissioners to sell Fire Station No. 7 by advertising for sealed bids, in consultation with the City Attorney, Planning Department and Controller offices, and be it further RESOLVED, That upon the commissioner’s opening of the bids, the highest bidder shall be required to supply plans for any exterior changes proposed for No. 7 to the Ithaca Landmarks Preservation Commission, which shall review the plans’ appropriateness with regard to the structure’s historic character and the surrounding neighborhood, and shall forward the commission’s comments to Common Council, and be it further RESOLVED, That the sale decision shall then be made by Common Council, which shall not withhold its approval without cause, and be it further RESOLVED, That the sale agreement shall be contingent upon the granting of any permits needed for the high bidder’s reuse of the structure, with all of the above city steps in the procedure to be completed within a maximum of six months, and be it further RESOLVED, That the proceeds from the sale of Fire Station No. 7 shall be allocated through a mutually agreed-upon arrangement between Common Council and the Fire Department, and be it further RESOLVED, That the above sale process is contingent upon the review and approval of the Board of Fire Commissioners. Discussion followed on the floor with Fire Chief Wilbur and Fire Commissioner Yahn requesting that Council send this resolution back to the Board of Fire Commissioners for review as it does not resemble the original resolution previously approved by the Board. Tabling Resolution By Alderperson Shenk : Seconded by Alderperson Sams RESOLVED, that this item be tabled and referred back to the Board of Commissioners for further review. Ayes (9) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Spielholz, Taylor, Hershey Nays (1) Marcham Carried 17.2 IURA – Request to Accept Purchase Offer for Sale of Carpenter Business Park By Alderperson Marcham : Seconded by Alderperson Manos WHEREAS, the 10.8 acre Carpenter Business Park located on Third Street with frontage along N. Meadow Street was completed in 1990, and WHEREAS, the City owns four parcels totaling 4.94 acres of land and the Ithaca Urban Renewal Agency (IURA) owns the remaining three parcels totaling 5.86 acres of land in the Carpenter Business Park, and October 6, 1999 7 WHEREAS, the IURA has been unsuccessful in securing satisfactory tenants and Carpenter Business Park has remained vacant since its completion in 1990 with the exception of the community gardens located on the 2.25-acre parcel #36-1-3.4, and WHEREAS, at the April 1, 1998 meeting the Common Council authorized disposition of all City-owned parcels in Carpenter Business Park, except those leased to Project Growing Hope, Inc. used for community gardens, through the IURA for no less than fair market value, subject to the following conditions: A. property must not be used for an adult entertainment establishment use, B. property must not be used for a warehousing or storage as a primary use for a period of 10 years from the date of conveyance from the IURA, and C. retention of access and utility easements to parcel #36-1- 3.4, currently used for community gardens, and utility easements for any other public utilities located on the property, and WHEREAS, the Common Council further resolved that upon abandonment by the Board of Public Works (BPW), the Carpenter Circle cul-de- sac street property shall also be considered surplus and authorized for disposition, and WHEREAS, Building Links, Inc. has submitted a purchase offer for Carpenter Business Park that is binding if accepted by the Common Council by 10/7/99, and WHEREAS, following extensive negotiations, the IURA voted on 9/20/99 to approve the purchase offer with changes per verbal negotiations conducted at the 9/20/99 meeting, and WHEREAS, the IURA staff has reviewed the revised purchase offer and found that the revisions satisfy IURA concerns, and WHEREAS, in accordance with general municipal law, a legal notice disclosing the proposed disposition was published on September 27, 1999, and WHEREAS, the Budget and Administration Committee recommends the following action, therefore, be it, RESOLVED, That Common Council hereby accepts the purchase off of $900,000 from Building Links, Inc., to acquire the Carpenter Business Park, subject to Board of Public Works abandonment of Carpenter Circle, and be it further RESOLVED, That Common Council is directed to complete appropriate environmental review prior to the sale closing for this project, and be it further RESOLVED, That the Mayor, upon review by the Executive Director of the IURA and the City Attorney, is hereby authorized to sign any and all instruments necessary to accept the purchase offer $900,000 and convey the property totaling 8.57 acres. October 6, 1999 8 Mayor Cohen stated that the buyer of Carpenter Business Park is not given automatic rights to the Community Gardens, there is a notification clause in the purchase agreement. In order for the purchaser to exercise the option on the Gardens parcel, they have to officially give the City 6-month notification, via certified mail, addressed to the City Attorney’s office. Common Council, if not already entered into discussions with Project Growing Hope, will than have ample notification to do so and the Council will have to take an action to decide whether or not it will extend or renew the lease with Project Growing Hope. Alderperson Farrell stated that the current lease is valid until 2013. Alderperson Blumenthal questioned whether the City conducted an environmental review when they authorized the IURA to sell the property. Planning Director Van Cort stated that an environmental review was done several years ago. An environmental review has not been completed on the action of selling the business park. The sale will be contingent on completion of the environmental review. Alderperson Shenk stated that the Department of Public Works should be involved in all disposal of City property. Motion to Table By Alderperson Spielholz: Seconded by Alderperson Manos RESOLVED, That this item be tabled for further review, and will be considered at a Special Common Council Meeting. Carried Unanimously Special Meeting By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That a Special Common Council meeting be held October 7, 1999 at 9:30 P.M. to discuss the Purchase Offer for the Sale of Carpenter Business Park. Carried Unanimously 17.3 DPW/Water & Sewer – Request to Amend Water and Sewer Capital Projects By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the Water and Sewer Department has been effectively spending $3,000,000 in Water and Sewer Capital funds authorized by Common Council four years ago to improve water supply and distribution and the sewer collection system in the City, and WHEREAS, the funding has been exhausted and to continue the much- needed improvements to the City’s water and supply, distribution and collection infrastructure, an additional $2,340,000 will be needed for the next two years worth of activity, and WHEREAS, the $2,340,000 in funds will be needed to complete 1999 water and sewer improvement work and effectively plan, stage and purchase for 2000 improvements, and will sustain water and sewer improvements needed in any long-term or regional alternatives; now, therefore, be it October 6, 1999 9 RESOLVED, That Common Council hereby amends the following Capital Projects by an amount not to exceed $2,340,000 to accomplish said water and sewer improvements: 1. Capital Project #506 Water Supply Improvements Increase by $1,120,000 for a total project authorization of $2,120,000; 2. Capital Project #606 Sewer Collection System Improvements Increase by $1,220,000 for a total project authorization of $3,220,000, and be it further RESOLVED, That funds for said Capital Project amendments will be advanced by Water and Sewer Reserve Funds, if needed, prior to financing through the issuance of Serial Bonds and/or New York State Environmental Facilities Corporation Revolving Bonds. Carried Unanimously 17.4 A Local Law to Amend Section 2 of Local Law No. 4-1999 Electing a Retirement Incentive Program as Authorized by Chapter 70, Laws of 1999 for the Eligible Employees of the City of Ithaca. By Alderperson Marcham: Seconded by Alderperson Vaughan Local Law No. __ of the Year 1999 City of Ithaca BE IT ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Section 2 of Local Law No. 4-1999 shall be hereby amended to change the commencement date of the retirement incentive program to October 3, 1999. Section 2. This local law shall take effect upon filing with the Secretary of State. Carried Unanimously 17.5 Common Council – LLEBG Grant and Matching Funds Approval By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the City received notice that its 1999 application under the Bureau of Justice Assistance Local Law Enforcement Block Grant has been approved and the City will be awarded $15,469 in 1999 funds to continue the Ithaca Drug Treatment Court, and WHEREAS, the City is required under the grant to approve City matching funds in the amount of $1,719; now, therefore, be it RESOLVED, That Common Council hereby approves the $15,469 in grant funds from the Bureau of Justice Assistance Local Law Enforcement Block Grant, and be it further RESOLVED, That Common Council hereby authorizes a City matching allocation in an amount not to exceed $1,719 to be derived from account A1990 Unrestricted Contingency for the purposes of funding the City’s Drug Treatment Court, and be it further October 6, 1999 10 RESOLVED, That Common Council hereby directs the Controller to make all necessary budget adjustments for said grant. Carried Unanimously Judge Rowley explained the Drug Treatment Court Program and the disposition of previous funding. Judge Rowley reported that the fourth Drug Court graduation is scheduled for October 29, 1999. Seventeen people have graduated from the program without any further arrests. 63 people are currently enrolled in the program. 17.6 Johnson Boat Yard Land Transfer – Report Superintendent of Public Works Gray reported that he is interested in trading specified parcels of land with the owners of Johnson Boat Yard. He noted that he has been advised by the City Attorney’s Office that this is a property transaction and will require full disclosure and advertisement. He stated that he will complete the appropriate paperwork and return to Council later in the month for approval. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 19.2 New York State Department of Transportation Waterfront Site Future Use of the New York State Department of Transportation Waterfront Site – Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, members of the Tompkins County Board of Representatives and County Planning Department staff have been working on plans for the Cayuga Lake waterfront with the goals of improving the economic climate of Tompkins County and enhancing tourism in the area, and WHEREAS, since 1954 the New York State Department of Transportation Maintenance Facility has occupied a waterfront site off Third Street composed of two adjacent parcels of land totaling 10.7 acres, and WHEREAS, the maintenance facility impedes public access to the waterfront and does not take full advantage of the waterfront’s potential, and WHEREAS, relocation of the DOT Maintenance Facility and redevelopment of the site for commercial development was recommended in the Tompkins County Waterfront Plan published in January 1997 and in the City’s proposed Economic Development Plan, and WHEREAS, members of the County Board of Representatives and County Planning Department staff have been working to relocate the DOT Maintenance Facility to another location in Tompkins County, and WHEREAS, the City of Ithaca is interested in implementation of the Waterfront Plan to increase public access to the waterfront and to increase the economic benefits of water-related tourism, and WHEREAS, public access to the waterfront will be maintained if the DOT site is sold to another party since the City owns the frontage of the site along the water, and WHEREAS, the City appreciates the work and intention of the County Board to facilitate the re-use of this site for economic development and tourism purposes; now, therefore, be it October 6, 1999 11 RESOLVED, That the Common Council supports the efforts of the County Board members and County Planning staff to free up this site and relocate the NYSDOT Maintenance Facility to another location within the County, and, be it further RESOLVED, That if the County is successful in its attempt to relocate the DOT Maintenance Facility, the Common Council would like to see the primary reuse of the site be for commercial development so that the site will become a taxable property and a source of other possible revenues. Carried Unanimously b) New York State Department of Transportation Waterfront Site - Memorandum of Understanding – Resolution By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, Cornell University, the Town of Dryden, the New York State Department of Transportation, Tompkins County, and the City of Ithaca have been working on a Memorandum of Understanding to relocate the NYSDOT Maintenance Facility on Third Street to property owned by Cornell on Hanshaw Road in the Town of Dryden, and WHEREAS, the existing NYSDOT property in Ithaca will be acquired by the County for development by third parties for primary reuses for commercial development so that the property will become taxable and a source of other revenues, such as sales tax or room tax, and WHEREAS, the City has agreed to support these development objectives; now, therefore, be it RESOLVED, That the Common Council supports the proposed draft Memorandum of Understanding dated September 15, 1999 and, be it further RESOLVED, That the final MOU is subject to review by Common Council after it has been finalized by all the parties in order to see the final language and authorize the Mayor to sign the document. Carried Unanimously 19.3 North East Subarea Transportation Study Resolution (NESTS)- Resolution By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, transportation problems in the Ithaca urbanized area can only be resolved through intergovernmental cooperation, and WHEREAS, the North East Subarea Transportation Study (NESTS) has attempted to bring a number of municipalities and the county’s largest educational employer together (Towns of Lansing, Ithaca and Dryden, the Villages of Lansing and Cayuga Heights, and Cornell University) in an effort to solve part of the county's transportation problems, and WHEREAS, the plan dated July 19, 1999 was prepared with an emphasis on maintaining existing facilities, improving efficiency in transportation investments, maximizing mobility October 6, 1999 12 through mode choice and access, community participation, localized decision-making, and environmental sensitivity, and WHEREAS, NESTS was accomplished with a high level of community participation, and WHEREAS, the Common Council recognizes the substantial effort that has been put into the North East Subarea Transportation Study by stakeholders, the technical staff, and the consultants over an 18 month period, and WHEREAS, the Planning and Economic Development Committee heard a presentation of the plan by two representatives of the Working Group, which represented the primary stakeholders that will be affected by the recommendations in the plan, and WHEREAS, an over-riding consideration that received unanimous endorsement from the Working Group was the concept of community “livability,” that strives to enhance the quality of life in the affected communities through the development of a well-managed multi-modal transportation system that is responsive to the needs of the area’s residents, and WHEREAS, a number of key recommendations were proposed in the plan, including 1. the adoption of livability principles into all transportation and land use planning activities at the municipal, county, and regional level, and 2. the design and implementation of an intensive transit service that would combine a high level of community-based transit service with peripheral park-and-ride bus service for trips to and from Cornell and downtown Ithaca, such that there would be a 15 percent transit usage rate by people living in the area, and 3. the implementation of land use planning practices that will enhance livability so that municipalities throughout the area adopt land use practices and regulations that promote transit use, discourage suburban sprawl, respect the environment, protect farm land and open space, and promote rational development, and 4. the construction of a series of improvements to provide a continuous network of facilities to support year-round pedestrian and bicycle travel, and 5. a design/feasibility analysis for a three-segment roadway corridor that would lead to the preservation of rights-of-way for potential future construction of a north-south connector road in the north and eastern parts of the county, and WHEREAS, the cost estimates in the North East Subarea Transportation Study are still preliminary and are to be further refined through subsequent investigations, and October 6, 1999 13 WHEREAS, there are several recommendations incorporated into the plan that address the issues related to land use planning, transportation systems, and the need to reduce automobile usage, and WHEREAS, a new roadway corridor can have social, economic, and environmental implications for the city and county, insofar as new roads contribute to the growth of new commercial and residential development, influencing the viability of the city’s downtown commercial district, surrounding residential neighborhoods, and the welfare of the larger Ithaca area in Tompkins County, and Whereas, the City of Ithaca, the Towns of Ithaca, Dryden, and Lansing, and the Villages of Cayuga Heights and Lansing have submitted a joint application for state grant funding under the New York State Clean Water/Clean Air Bond Act of 1996 for municipal wastewater collection and treatment (sewer) system improvements, and WHEREAS, the City of Ithaca is currently beginning a discussion with an inter-municipal group with representation from all municipalities in conjunction with a possible Environmental Impact Statement process in order to discuss regional planning issues that emerge as a result of the proposed sewer agreement, now therefore be it RESOLVED, That Common Council gives its support in principle to many of the concepts set forth in the NESTS transportation plan, especially those concerning community livability, and be it further RESOLVED, That Common Council cannot commit to the level of increase proposed for the recommended transit system service increases without further information regarding the fiscal implications for Tompkins County Area Transit (TCAT), of which the City is one of three partners, and be it further RESOLVED, That Common Council endorses the several concepts presented in the plan that relate to the necessity to study the interrelationship between land use planning and transportation, particularly as it affects growth in outlying areas surrounding the city, and be it further RESOLVED, That Common Council cannot endorse a feasibility/design analysis for the north-south connector at this time, and be it further RESOLVED, That the Mayor shall consult Common Council before any final decisions are made about the roadway proposal at the Ithaca-Tompkins County Transportation Council (ITCTC), and be it further RESOLVED, That the City's representatives on the TCAT Board shall consult with Common Council before any final decisions are made about bus system service increases at TCAT, and be it further October 6, 1999 14 RESOLVED, That the concept of a north-south roadway in the north and eastern parts of the county be integrated into the inter- municipal discussion that should be conducted concurrently with the Environmental Impact Statement for the proposed sewer system improvements and expansion. Carried Unanimously 19.3 An Ordinance Amending Section 325-8, of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, regarding an error in the language of Ordinance 98-30--Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Sams RESOLVED, that Ordinance No. 99-___ entitled “An Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, amending the District Regulations Chart to correct an error in Ordinance 98-30”, 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, at 7:00 p.m. on Wednesday, November 3, 1999, 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 99-___ An Ordinance Amending Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, amending the District Regulations Chart to correct an error in Ordinance 98-30. 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, of Article II, “Zoning Districts”, entitled “District Regulations”, is hereby amended as follows: Under the R-3 zoning district, col. 3, “Permitted Accessory Uses” of the District Regulations Chart, add the following: October 6, 1999 15 1. Any accessory use as permitted in R-2. 2. Private garage for 4 or more cars. 3. Neighborhood parking area subject to regulations of § 325-20 (B). Section 2. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. 19.4 Commons Redesign – Report No report was given as the Consultant’s report was received earlier in the day. Copies will be forwarded to Council members. 19.5 Site Plan Review Ordinance Revisions – Report Alderperson Blumenthal reported that ordinance revisions are in progress, and have been reviewed by the Planning Board and the Conservation Advisory Council. There will be a two-level system of review for projects. All commercial projects and large residential projects will be reviewed. The Planning and Economic Development Committee will review these revisions in November. There are also issues regarding the ability of a licensed landscape architect to stamp site plans. 20. HUMAN RESOURCES COMMITTEE: No items submitted. 21. NEW BUSINESS: 21.1 Acceptance of Drug Free Communities Grant - Resolution By Mayor Cohen: Seconded by Alderperson Spielholz RESOLVED, That the City accept the Drug Free Communities Grant. Alderperson Shenk expressed concern about the coordination of projects and the distribution of grant monies. Alderperson Sams and Blumenthal recommended that this item be deferred to allow Common Council members the opportunity to review the report. Motion to Table By Alderperson Blumenthal: Seconded by Alderperson Sams RESOLVED, That this item is tabled pending further review. Carried Unanimously 21.2 Telecommunications Concept Memo Mayor Cohen briefed Council on a proposed telecommunications concept memo. He stated that this topic came to the attention of the City when trees were being cut down on behalf of Telergy Communications. Telergy contracted with NYSEG to lay lines along the NYSEG right-of-way within the City. Significant discussions have taken place with Telergy, and now at least two other service providers would like to lay infrastructure within the City. Common Council will need to make a decision as to whether the City wants to negotiate a telecommunication franchise agreement now, or in the future and deal with the immediate issues through a concept memo. A franchise agreement would become the model for other agreements. Once an agreement is negotiated, the City cannot impose a more restrictive agreement upon any future provider. October 6, 1999 16 Economic Development Director McDonald spoke regarding the memorandum he distributed to Council members, and gave a preliminary overview of the telecommunications field. Alderperson Blumenthal suggested the appointment of a sub-committee to discuss this topic. Mayor Cohen volunteered to serve on the sub-committee and appointed the following members: Alderpersons Farrell, Vaughan, Manos, and appropriate staff. 21.3 Executive Session – Employment History of Employee By Alderperson Blumenthal: Seconded by Alderperson Marcham RESOLVED, That Common Council adjourn into executive session to discuss the employment history of an individual. Ayes (4) Marcham, Vaughan, Sams Blumenthal Nays (6) Farrell, Spielholz, Manos, Shenk, Taylor, Hershey Motion Failed ADJOURNMENT: On a motion the meeting adjourned at 10:30 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor