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HomeMy WebLinkAboutMN-CC-2007-06-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. June 6, 2007 PRESENT: Mayor Peterson Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan, Korherr OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Planning and Development Director – Van Cort Superintendent of Public Works – Gray Fire Chief – Wilbur PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Coles requested the addition of a Substitute Resolution for Item 15.1 entitled “Call for Comprehensive Review of Charges that May Warrant Impeachment of the President and Vice President of the United States – Resolution”. She further requested that this item be moved up on the agenda for consideration. No Council Member objected. PROCLAMATIONS/AWARDS: There were no proclamations/awards for this meeting SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Adoption of the Proposal to Amend the Height Regulations of the B-2A Zoning District Resolution to Open Public Hearing: By Alderperson Seger: Seconded by Alderperson Korherr RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Amend the Height Regulations of the B-2A Zoning District be declared open. Carried Unanimously Alderperson Tomlan explained the proposed changes to the height requirements in this amendment to the B-2A zoning district. No one appeared to address Council on this item. Resolution to Close Public Hearing: By Alderperson Seger: Seconded by Alderperson Cogan RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Amend the Height Regulations of the B-2A Zoning District be declared closed. Carried Unanimously 4.2 A Public Hearing to Consider the Adoption of the Proposal to Re-establish the MH-1 Zoning District to be Located on Parcel 78.-3-6 Resolution to Open Public Hearing: By Alderperson Clairborne: Seconded by Alderperson Coles RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Re- establish the MH-1 Zoning District to be Located on Parcel 78.-3-6 be declared open. Carried Unanimously June 6, 2007 2 Alderperson Tomlan explained that Nate’s Floral Estates was mistakenly re-zoned for mixed commercial uses during the Southwest Park development. The zoning designation needs to revert back to MH-1 to accommodate the housing on this site. No one appeared to address Council on this item. Resolution to Close Public Hearing: By Alderperson Zumoff: Seconded by Alderperson Cogan RESOLVED, That the Public Hearing to Consider the Adoption of the Proposal to Re- establish the MH-1 Zoning District to be Located on Parcel 78.-3-6 be declared closed. Carried Unanimously SPECIAL PRESENTATIONS BEFORE COUNCIL: Tompkins County Legislator, 1st District, Pam Mackesey addressed Council on the following items: - The Home Ownership Program has assisted 250 1st time (low to moderate income) home buyers and will be continued - Tompkins County Library solar panels are experiencing damage since the construction of the garage. Twelve panels have been damaged at the cost of $13,000 due to items being thrown from the upper levels of the garage. - Tompkins County Legislature passed a resolution calling for an investigation for the impeachment of the President and Vice President of the United States. Legislator Mackesey urged Common Council to support the proposed resolution on the agenda as everyone needs to be concerned about the integrity of the Constitution. - Tompkins County and the City of Ithaca have been working in a cooperative effort on the passage of a waste hauler agreement. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council in support of the proposed Resolution to investigate impeachment of the President and Vice President of the United States and local government’s role in these affairs: Doria Higgins, Town of Ithaca, she further addressed Council regarding the Dog Park and that there is no water source on the Festival Lands. Pete Meyers, City of Ithaca, he further addressed Council regarding tax abatements and preferred developers that should be required to pay a living wage. He further noted that City of Ithaca should be a living wage employer as well. Joel Harlan, Town of Newfield Marty Luster, Town of Ulysses Gerry Coles, City of Ithaca Dooley Kiefer, Town of Ithaca, she further addressed Council to voice her concern regarding the language in the dog park parameters and the size of the area needed because of its potential use by dog owners. Ben Nichols, Town of Ulysses Joel Savishinsky, City of Ithaca Ed Lisbe, City of Ithaca Will Fudeman, City of Ithaca Neil Oolie, City of Ithaca Bob Mape, Town of Lansing William Meyer, City of Ithaca Fay Gougakis, City of Ithaca Mary Anne Grady, City of Ithaca Ellen Grady, Town of Ithaca Ken Finch, Town of Newfield Danny Burns, City of Ithaca Kate Shear, City of Ithaca Teresa Grady, City of Ithaca June 6, 2007 3 Leon Kochian, Town of Lansing, addressed Council regarding the environmental review of the proposed dog park parcels. He stated that the proposed sites for the park are infested with ticks, mosquitoes and other disease carrying insects. He also noted the amount of trash and the location of homeless camps. Seth Sicroff, City of Ithaca, addressed Council regarding the dog park, and stated that the current rules regarding the park are not being enforced and need to be changed to allow dogs access to the water. Herb Engman, Town of Ithaca, addressed Council to thank them for including Tompkins County Environmental Management Council in the dog park parameters meeting. He is concerned about changes in the review of the dog park versus the use of the Festival Lands that should require a complete fence around the dog park. John Hamilton, City of Ithaca, expressed his thanks to elected officials for the work they do on behalf of the community and their duty to uphold the Constitution. Brian Zapf, Seneca County, addressed Council on behalf of Patricia Pryor regarding dog park parameter #8. He stated that assumptions are made regarding the impact of off-leash dogs on natural areas, and requested that the wording be changed to read: Minimize intrusion into “particularly” significant woodlands or wetlands. He further stated his support for the proposed resolution regarding impeachment. Anthony Ingraham, Town of Ithaca, addressed Council regarding the dog park, and stated that the proposed parameters are not clear, and addressed the need to fence the area because of possible dog attacks. Katrina Medeiros, Town of Ithaca, addressed Council regarding the proposed dog park parameters and the problem of dog waste and bad smells due to dog walkers putting dead fish in trash cans as well. Ken Friedman, Village of Cayuga Heights, addressed Council regarding the proposed dog park parameters and the need to study the area further. David Nutter, City of Ithaca, addressed Council regarding dog park parameter #8 and stated that there should be fencing in the area, enforcement of the laws, and signage. He further addressed Council in support of the proposed resolution on impeachment. Jeff Furman, City of Ithaca, addressed Council to make a request that the City require the developers of Inlet Island and the proposed hotel to pay a living wage in order to assist workers in the community. Milton Curry, City of Ithaca, addressed Council regarding the Collegetown Vision Statement and stated that Cornell Council of the Arts supports the statement and thought that the “ideas competition” was a very good idea. Zachary Winn, City of Ithaca, addressed Council regarding political issues and the need to take action. Josh Lower, City of Ithaca, addressed Council regarding his recent visit to New Orleans and their re-building efforts. He further voiced his support for the Collegetown Vision Statement. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Korherr thanked the speakers for coming to the meeting and the comments they shared regarding the proposed resolution regarding impeachment. She announced that June 19th is Burmese Democracy Day in the City of Ithaca, and stated that work would continue to find an area for an off-leash dog park with appropriate parameters. June 6, 2007 4 Alderperson Berry thanked the speakers for coming out to the meeting and responded to comments made regarding the proposed resolution regarding impeachment. She further stated that attention needs to be directed to issues involving justice and equity in our community for our youth, employers providing a living wage, and making efforts to fight racism. She encouraged community members to come to meetings to share their thoughts about these issues. Alderperson Zumoff announced the opening of the Hangar Theater summer season and invited everyone to attend the performances. Alderperson Tomlan thanked the Ithaca Police Department and Ithaca Fire Department for their efforts in keeping the end of the school year activities safe for everyone. She further thanked Cornell University and Ithaca College for expending resources to make on-campus end of the school year events successful. She also thanked the students for their respect for our community. Alderperson Clairborne thanked the speakers for their comments and responded to comments made regarding a living wage. He stated that providing a liveable wage and discrimination/human rights violations are important topics that price tags can’t be assigned to and that the government must be the change agent for these problems. He also announced that the GIAC festival would be held on Saturday, June 9th, from 12:00 p.m. to 6:00 p.m. and that the Juneteenth Celebration would be held at Southside Community Center on June 23, 2007. Mayor Peterson announced a Mayor’s forum to be held on June 11, 2007 with Pastor Bruce Davenport from New Orleans. She further reported that the Charter Review Committee met this week and that the next meeting has been tentatively scheduled. She voiced her support for the proposed resolution regarding impeachment and stated that she believes that the local government has a role in considering issues of national significance. 15. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15.1 Call for Comprehensive Review of Charges that May Warrant Impeachment of the President and Vice President of the United States - Resolution By Alderperson Coles: Seconded by Alderperson Cogan WHEREAS, substantial evidence has been gathered that indicates that President George W. Bush and Vice President Richard Cheney have committed high crimes and misdemeanors, and WHEREAS, said high crimes and misdemeanors may include, but are not limited to the President and Vice President  Misleading Congress and the American people regarding Iraq’s weapons of mass destruction,  Misleading Congress and the nation about ties between Iraq and al Qaeda,  Using these falsehoods to lead our nation into a war in contravention of U.S. and international law,  Authorizing the unlawful use of torture and extraordinary rendition,  Engaging in unlawful spying on American citizens and otherwise violating citizens’ right to privacy,  Declaring their intention to disregard their constitutional duty to faithfully execute the laws of the United States, and, WHEREAS, the results of some of the above-listed actions include severe damage to the international reputation of the United States as an upholder of civil liberties, democracy, treaties, and our Constitution, as well as a ballooning of United States debt and concomitant loss to local governments of Federal financial support for local and national human services, education, and infrastructure programs, shifting costs to local property tax payers, and June 6, 2007 5 WHEREAS, Congress has begun the process of holding hearings to examine several of these charges, and WHEREAS, the Rules of the House of Representatives call for the referral of possible articles of impeachment to the Judiciary Committee for investigation, and WHEREAS, the people of Ithaca, New York, desire a full and comprehensive review of these charges in orderly fashion; now, therefore be it RESOLVED, That the Members of Congress that represent the City of Ithaca be strongly urged to support the formation of an appropriate sub-committee to investigate and review said charges and that such support be evidenced by a written request to that effect addressed to the Speaker of the House, and be it further RESOLVED, That copies of this resolution be delivered to United State Senators Charles Schumer and Hillary Clinton and United States Congressman Maurice Hinchey and the media. Alderperson Coles explained that this resolution calls for a comprehensive review of charges against the President and Vice-President and provided cost and casualty statistics of the war to date. She stated that a petition has been circulated and to date includes 2,700 signatures with 1,000 of them being from City residents (38%). She further noted that 74 municipalities have already adopted similar resolutions, and urged Council’s support. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Seger RESOLVED, That the third Resolved clause be amended to read as follows: “RESOLVED, That copies of this resolution be delivered to United State Senators Charles Schumer and Hillary Clinton, United States Congressman Maurice Hinchey, New York State Representatives and the media.” Carried Unanimously Alderperson Cogan urged support for the resolution and stated that statements voicing the City’s position on national issues such as the war in Iraq and the Patriot Act were adopted while he has served on Common Council. He stated that he believes it is important for local officials to amplify the voices of the community and that this resolution has historical significance and will send a message around the world. Alderperson Zumoff stated that he could not support the resolution because he believes that it is politically motivated. Although he agrees with most of the statements in the resolution, he doesn’t believe this call for impeachment is the appropriate course of action. He stated that he believes in the established electoral process and does not think that the impeachment trends are good for the Country. Alderperson Gelinas thanked everyone who came out to speak on this item. He also thanked Alderperson Zumoff for his comments, which echo many of his own sentiments. He stated that he could not support the resolution as it does not list the actions that are criminal and he would prefer to see a listing of the laws that have been violated. He stated that he feels the resolution is political and that the impeachment issue should be separated from the Iraq war issue. He stated that he could support the resolution in theory if the first three whereas clauses were removed and the fourth whereas clause was modified. Amending Resolution: By Alderperson Gelinas: Seconded by Alderperson Townsend RESOLVED, That the first three Whereas clauses be removed from the resolution and that the 4th Whereas clause be amended to read as follows: “WHEREAS, Congress has decided that there is certain evidence indicating the possibility of high crimes or misdemeanors and has thus begun holding hearings to examine several of these allegations, and” June 6, 2007 6 Alderperson Coles spoke in opposition to the proposed amendment and referred to the costs and casualties of the war in addition to the CIA statements regarding the fact that there were never weapons of mass destruction. Alderperson Korherr stated that Council should not over complicate this item. She stated that Council members are not the investigators, nor is it their job to judge. The responsibility of Common Council is to speak on behalf of their constituents and to call for a review and investigation of this matter. Alderperson Berry spoke to the diversity of opinions around the table even though all Common Council members are democrats. Call The Question: By Alderperson Berry: Seconded by Alderperson Gelinas RESOLVED, That the Question be called on the Amending Resolution. Carried Unanimously A vote on the Amending Resolution resulted as follows: Ayes (3) Gelinas, Townsend, Zumoff Nays (7) Coles, Berry, Seger, Tomlan, Korherr, Cogan, Clairborne Abstentions (0) Failed Alderperson Clairborne stated that there are two choices: to take action or to take no action. He further spoke about the many protests/petitions/marches that have taken place in the community, and lives that have been lost because of the war. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Berry RESOLVED, That a new Resolved clause be added as the 2nd Resolved clause to read as follows: “RESOLVED, That this Common Council request all available attention and due diligence be devoted to successfully governing this nation during the undertaking called for in this resolution in order to avoid the great distraction and diversion of resources that could result if such an inquiry is not properly conducted.” Carried Unanimously Mayor Peterson explained her experience during the 1960’s and the Viet Nam War. She lived in Chicago at the time when the Chicago 7 protested and she questioned what lessons have been learned through our past histories and wars if we don’t make a statement. She stressed the need to look toward the future and protect our families. Alderperson Berry stated that she does not believe this issue is political; it is about holding both parties accountable to the law, statesmanship, trust, truth and peace. She further stated that political leaders must be held to a high standard. Alderperson Tomlan thanked the speakers for their words of wisdom with special thanks to Neil Oolie for previously providing Council members with copies of the Constitution. She is very disturbed about these issues and the War, but is conflicted because she has not had time to think though all of the issues. She stated that she does not feel comfortable voting and does not have the ability to abstain from the vote, so she is unable to support this resolution. Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (8) Coles, Seger, Berry, Clairborne, Gelinas, Townsend, Korherr, Cogan Nays (2) Tomlan, Zumoff Abstentions (0) Carried June 6, 2007 7 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau - Request for Amendments to Budget and Roster - Resolution By Alderperson Seger: Seconded by Alderperson Korherr WHEREAS, the Ithaca Youth Bureau has been advised by the Tompkins County Workforce Investment Board that they will be receiving $79,748.00 in new funding to develop a Summer TANF Employment Program (Temporary Assistance for Needy Families), and WHEREAS, the goal of this program is to provide short-term subsidized internships for 50 TANF eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2007 Youth Bureau budget and roster to account for said funding as follows: • Amend the roster to increase the hours of the Youth Employment Service Program Coordinator from 35 hours per week to 40 hours per week effective June 11, 2007. • Amend the 2007 Youth Bureau budget to account for said funding as follows: Increase Revenue Account: A7310-4820-1202 Youth Employment Service $78,574 A7310-4820-1400 Administration 1,174 Increase Appropriation Accounts: A 7310-5445-1202 Travel & Mileage $ 873 A 7310-5460-1202 Program Supplies 1,659 A 7310-5440-1202 Staff Development 500 A 7310-5460-1400 Program Supplies 300 A 7310-5120-1400 Part time/Seasonal 874 A 7310-5120-1202 Part time/Seasonal 62,744 A 7310-5110-1202 Staff Salary 2,760 A7310-9030 FICA/Medicare 5,078 A7310-9040 Workers Compensation 4,960 Carried Unanimously 9. CITY ADMINISTRATION COMMITTEE: 9.1 Fire Department Request to Amend Personnel Roster and Budget - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne WHEREAS, as the result of a master planning effort during the 1980's, the Ithaca Fire Department was restructured in 1987 to include one Fire Chief, two Deputy Fire Chiefs, a Municipal Training Officer, and a Volunteer Coordinator, and, WHEREAS, in 1992 the Municipal Training Officer position was left vacant, and in 1993 a Deputy Fire Chief's position was left vacant upon promotion of Fire Chief Brian Wilbur due to budgetary constraints at that time, and, WHEREAS, the creation of a Municipal Training Officer (MTO) position within the Ithaca Fire Department was authorized in the 2007 budget, to be effective April 1, 2007, and, WHEREAS, since that authorization the current rank structure has been scrutinized with regard to distribution of managerial and supervisory function and capacity, and, WHEREAS, the managerial workload has increased significantly in the intervening 14 years since the loss of a Deputy Fire Chief's position in 1993, and, June 6, 2007 8 WHEREAS, the creation of a Deputy Fire Chief position will allow a better distribution of managerial responsibilities while still allowing an Assistant Fire Chief to assume responsibilities of Municipal Training Officer, and, WHEREAS, the cost of an Assistant Fire Chief position (with overtime) exceeds the cost of a Deputy Fire Chief position (no overtime); now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby authorizes the following roster changes within the Ithaca Fire Department: Add: One (1) Deputy Fire Chief, for a total of two Deputy Fire Chiefs, Remove: One (1) Municipal Training Officer (MTO), and, be it further RESOLVED, That providing the funds for such change in the roster shall be accomplished from within existing appropriations, as follows: Increase Appropriation Account: A3410-5105-12050 Salaries - Administrative $11,910 A3410-5105-12100 Salaries - Administrative 35,730 Decrease Appropriation Accounts: A3410-5110-12050 Salaries - Staff $ 44,381 A3410-5125-12050 Overtime 3,259 which is the cost of the position for the remaining six and one-half months in 2007, and be it further RESOLVED, That the Assistant Fire Chief would hereby assume the duties of the Municipal Training Officer (MTO) position as defined by New York State. Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Clairborne RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the Assistant Fire Chief assigned to special duties shall hereby assume the duties of the Municipal Training Officer (MTO) position as defined by New York State.” Carried Unanimously Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 9.4 Request to Establish Capital Project for Radio Equipment Replacement/Upgrade - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, Tompkins County will soon be coming on line with the 800 MHz communication system, and WHEREAS, the new County communication system will require the City Fire and Police Departments to upgrade/replace their existing portable radio communication equipment, and WHEREAS, the Fire Department has an established Capital Project in the amount of $140,000 which will cover the cost of the needed communication equipment upgrade for the Fire Department, and WHEREAS, the Ithaca Police Department does not have such a project established and staff has estimated that such needed upgrade/replacement of equipment would cost the Police Department $60,000; now, therefore, be it June 6, 2007 9 RESOLVED, That Common Council hereby establish Capital Project #719 in an amount not to exceed $60,000 for the purposes of upgrading and replacing the department’s portable radio equipment which is necessary as a result of the Tompkins County 800 MHz new communication system, and be it further RESOLVED, That funds necessary for said communications upgrade shall be derived from the issuance of serial bonds. Alderperson Coles explained that Tompkins County has absorbed most of the costs for the new communication system and equipment although they could not pay for all of it and have asked municipalities to cover the difference. A vote on the Resolution resulted as follows: Carried Unanimously 9.5 Request For Extension of Supplemental Military Leave Benefits - Resolution By Alderperson Coles: Seconded by Alderperson Seger WHEREAS, on November 7, 2001, October 2, 2002 and February 5, 2003, Common Council passed resolutions providing Supplemental Military Leave benefits for City employees who were called to active military duty due to the war in Iraq and Afghanistan, and WHEREAS, the Supplemental Military Leave benefits granted by Common Council expired on December 31, 2004, and WHEREAS, Reservists continue to be called to active military duty due to the war in Iraq and Afghanistan, and WHEREAS, it continues to be the desire of Common Council to ease the financial strain on the families of those Reservists continuing to serve their country due to active military action; now, therefore be it RESOLVED, That upon the signing of a Memorandum of Understanding with the CSEA Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the Executive Association, the City will pay the difference between the military pay received from the United States Government and/or the State of New York by a City employee and the base City salary such employee would have received for his/her regularly scheduled work week if such employee had not been called to active duty, through December 31, 2008, and be it further RESOLVED, That in the event that an employee’s military pay exceeds or equals his/her base City salary, no supplemental pay shall be authorized, and be it further RESOLVED, That upon the signing of a Memorandum of Understanding with the CSEA Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the Executive Association, the City will hereby continue to provide individual and family health insurance coverage, in the same manner as it was provided when the employee was working, through December 31, 2008, for those employees called to active duty. Alderperson Cogan questioned how many employees had been re-called and Mayor Peterson responded that two employees have been re-called to date. A vote on the Resolution resulted as follows: Carried Unanimously 9-0 (Alderperson Gelinas absent from vote) June 6, 2007 10 10. ENVIRONMENT AND NEIGHBORHOOD QUALITY COMMITTEE: 10.1 Approval of Parameters for Permanent Off-Leash Dog Area (OLDA) – Resolution By Alderperson Korherr: Seconded by Alderperson Seger RESOLVED, That Common Council approve the following “Summary of Parameters” of a permanent, City of Ithaca off-leash dog area, for the purpose of conducting an environmental review of the proposed designation of one or more of the following sites as such an off-leash dog area: 1. ESTIMATED LEVEL OF USE (# of dogs/people at any one time, assuming 1 OLDA) *: Inclement Weather Mild Weather Non-Peak Time Peak Non-Peak Peak Festival Lands 0-10 10-25 10-35 20-50 South of Cherry Street 0-7 7-15 10-20 12-35 Southwest Natural Area 0-5 5-10 10-15 10-25 * NOTE: It is assumed that if more than one OLDA site is designated, usage will be spread among available sites, thereby decreasing usage at any one site 2. PARKING SPACES NEEDED (in close proximity): Festival Lands – 40 (spaces in NYS Park parking lot assumed sufficient) South of Cherry St – 30 (on-street parking on both sides of Cherry St assumed sufficient; creation of small turn-around & parking area, just south of Cherry Street dead-end, could be considered) SW Natural Area – 25 (parking lot needed on east side of RR tracks, with permission for RR crossing) 3. BATHROOMS: Assume not needed 4. FENCING: Environmental review should consider potential impact of operating OLDA under several scenarios: a. Assume some dogs would be off-leash without being in completely fenced area; b. Assume entire OLDA will be fenced to block dog movement into other areas c. Assume some linear fencing will be included (see below), but not full enclosure d. Assume OLDA will include smaller, enclosed area for use by some dogs Linear fencing possibilities (re: scenario c): a. Festival Lands: (1) between OLDA and picnic area adjacent to parking lot (2) to separate corridor along edge of marina basin (3) along easterly edge of “tall grass” area (unless OLDA includes it) b. South of Cherry St (1) between OLDA and RR tracks (2) if Black Diamond Trail is developed, to separate OLDA from Trail c. SW Natural Area (1) between OLDA and RR track (east of existing dirt road) (2) between OLDA and more sensitive portions of SWNA 5. SMALLER, ENCLOSED AREA [inclusion dependent on availability of funding]: Assumed to be approximately 4,000 square feet. This fenced area should not be surrounded by off-leash dogs, as this could lead to aggressive behavior of dogs. 6. ACCESS TO BODY OF WATER (by dogs, within OLDA): Assumed to be highly desirable, but a site should not receive a lower rating if such access is not available. June 6, 2007 11 7. “RUN”: Minimum of 2 acres of regularly mowed, lawn-like area (or at least 60’ x 100’) for open run. If City has only one OLDA, 2 acres probably will not be sufficiently large, and over-use and over-crowding may result. 8. MORE “NATURAL” AREAS: Minimize intrusion into significant woodlands or wetlands 9. DOG WASTE DISPOSAL: Need approach that can handle expected volume, without significant odor or spillage, etc. 10. OTHER ASSUMPTIONS: a. Festival Lands (1) Review both of the following scenarios: (a) Assume OLDA will be same size, location as current, temporary one (b) Assume OLDA will include all of Festival Lands (2) Assume OLDA will not extend on to State Park land b. SW Natural Area (1) Assume OLDA will be approximately same size, location as is suggested in 2001 (2) SW Natural Area Master Plan (i.e., occupying the large, former field south of proposed parking area, and the mowed area near Channel) c. Generally (1) If there is more than one OLDA, usage and use-related impacts will be spread out 11. POTENTIAL IMPACT ON EXISTING OR POSSIBLE, FUTURE USES: a. Black Diamond Trail (re: South of Cherry St, SW Natural Area) b. Other use of City land south of Cherry Street (eg., Industrial Park extension, housing) c. Cayuga Waterfront Trail extension – into Allan H. Treman Park d. State Parks Master Plan for Allan H. Treman Park e. Possible use of Festival Lands as dredge spoil site Amending Resolution: By Alderperson Korherr: Seconded by Alderperson Zumoff RESOLVED, That a Resolved Clause be added at the end of the parameters that would read as follows: “RESOLVED, That the City Attorney’s Office provide Common Council with determination of liability and risk assessment in the event that aggressive animals cause harm to persons animals or property.”, and, be it further RESOLVED, That Parameter #10a(1)b be removed from the parameters and that b.(1) be amended to read as follows: (1) Assume OLDA will be approximately same size, location as is suggested in 2001 SW Natural Area Master Plan (i.e., occupying the large, former field south of proposed parking area, and the mowed area near Channel)”. Alderperson Cogan questioned the impact that the proposed amendment would have in regards to the time and costs associated with the environmental review. City Attorney Hoffman explained that Deputy Director of Planning and Development Cornish noted that the consultant’s estimate was $90,000 for the review of three sites and that studying the entire Festival Lands would not contribute to the costs significantly as the consultant assumed preparation of the EAF in their estimate. Alderperson Cogan stated that he was not in favor of striking 10a(1)(b) from the parameters until more information is made available on the impact of time and cost. Mayor Peterson clarified for Council that the Client Committee version of the parameters did not have 10a(1)(b) in it, the item was added at committee. June 6, 2007 12 Alderperson Coles stated that she could not support the resolution as she does not feel that City residents should have to fund the entire cost of a dog park that will serve people throughout the County and the region. A Vote on the Amending Resolution resulted as follows: Ayes (9) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Townsend, Gelinas, Korherr Nays (1) Cogan Carried Amending Resolution: By Alderperson Zumoff: Seconded by Alderperson Korherr RESOLVED, That Parameter #7 “Run” be amended to read as follows: “7. “RUN”: Minimum of 2 acres of regularly mowed, lawn-like area (or at least 600’ x 100’) for open run. If City has only one OLDA, 2 acres probably will not be sufficiently large, and over-use and over-crowding may result.” Carried Unanimously Motion to Extend the Meeting By Alderperson Coles: Seconded by Alderperson Cogan RESOLVED, That Common Council extends the meeting to 11:30 p.m. Ayes (9) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Townsend, Gelinas, Cogan Nays (1) Korherr Carried Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Ayes (9) Seger, Berry, Clairborne, Tomlan, Zumoff, Townsend, Gelinas, Cogan, Korherr Nays (1) Coles Carried Alderperson Korherr left the meeting at 11:20 p.m. 12. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 12.1 Endorsement of the Collegetown Vision Statement and Establishment of an Implementation Committee - Resolution By Alderperson Tomlan: Seconded by Alderperson Gelinas WHEREAS, Collegetown has a long history of private development intended to accommodate the residential, commercial, and social needs of a growing university community, and WHEREAS, the city’s past investment in Collegetown has included numerous studies such as Consideration for Physical Improvement of the Collegetown Commercial Area, (March 1978), conducted by the Department of Planning and Development; the Collegetown Development Program (February 1982), a marketing study conducted by the American City Corporation, a subsidiary of the Rouse Company; and the Collegetown Parking and Circulation Study (November 1982), conducted by Travers Associates, and WHEREAS, on completion of these and other planning studies several major projects were undertaken in the 1980s by both the city and Cornell University, including construction of the Dryden Road Parking Garage, streetscape improvements, enlargement and rehabilitation of Cascadilla Hall and Sheldon Court, and construction of the Schwartz Center for the Performing Arts, and June 6, 2007 13 WHEREAS, revisions to Collegetown zoning implemented in the early 1980s resulted in a private sector building boom lasting to the mid-1990s and resulting in the addition of roughly 1,500 units of predominantly student housing, and WHEREAS, guided by zoning and private developer initiative and without the benefit of an urban design plan or design guidelines, the high-density development has had a significant impact on Collegetown’s visual character, its business sector, and the quality of life in adjacent residential neighborhoods, and WHEREAS, with the exception of the Collegetown Parking Overlay Zone, adopted in August 2002 to increase the parking requirement for rental properties, the city has not followed up with an evaluation of impacts to the Collegetown neighborhood as it has changed, and WHEREAS, in the past five years consensus has developed for taking a comprehensive look at the Collegetown environment, including but not limited to urban design, new development, public and private infrastructure, impacts of high-density student housing, the pedestrian experience, vehicular access, parking, transit, the business climate, the quality of life in surrounding residential neighborhoods, and the interface with downtown and with the campus, and WHEREAS, on December 7, 2005, the Common Council authorized the establishment of a Collegetown Client Committee charged with formulating a vision for Collegetown that would reflect the interests and concerns of that community and the city as a whole, and with recommending steps for its implementation, and WHEREAS, on February 1, 2006, the Common Council defined the client committee as the Collegetown Vision Task Force, set forth recommendations for its composition, and specified the scope of the vision statement, and WHEREAS, in April 2006, Mayor Carolyn Peterson appointed a 12-member task force to lead the effort to create a vision statement, including representation from the City, the Collegetown business community, Cornell University administration, neighborhood residents, students, and landlords, and WHEREAS, the task force met in Collegetown roughly every three weeks during the ten-month period between May 2006 and March 2007, and WHEREAS, many of the task force meetings were attended by members of the Collegetown community and Cornell representatives, and during the process the task force held two advertised public forums in conjunction with the Collegetown Neighborhood Council and also gave a presentation to the Bryant Park Civic Association, and WHEREAS, the task force defined the Collegetown study area as being bounded on the south by Mitchell and East State Streets, on the north by Cascadilla Creek, on the west generally by Eddy Street, and on the east by rear property lines on the east side of Linden Avenue and by Summit Avenue, and WHEREAS, beyond the study area the task force took into consideration potential impacts on the neighborhoods of Bryant Park and Belle Sherman to the east and south, and opportunities for greater connection with the East Hill Historic District, lower East Hill, and downtown to the west, and WHEREAS, after assessing Collegetown’s strengths, weaknesses, opportunities, and threats, the task force identified five categories for consideration--Business, Housing & Residential Neighborhoods, Circulation & Parking, Cultural Experience, and Urban Design, since broadened to Urban Plan and Design Guidelines, and WHEREAS, the Collegetown Vision Statement sets out an overall statement of goals and objectives, a listing of strengths and weaknesses and, for each of the five categories, a goal (“vision”), challenges, and recommendations, and June 6, 2007 14 WHEREAS, in presenting the Collegetown Vision Statement to the Common Council for endorsement, Collegetown Vision Task Force members suggest either the extension of the scope of the existing task force or the establishment of a successor task force to prepare an implementation strategy, and WHEREAS, the Planning and Economic Development Committee reviewed the Collegetown Vision Statement at its April 18, 2007, meeting, and WHEREAS, the City’s Planning & Development Board reviewed the vision statement at a special meeting held on May 8, 2007, and made a number of recommendations concerning content, emphasis, process, and presentation, and WHEREAS, those recommendations have since been incorporated into the Collegetown Vision Statement [with the concurrence of members of the Collegetown Vision Task Force], and WHEREAS, the Common Council has reviewed and concurs with the Final Draft of the Collegetown Vision Statement, dated May 31, 2007; now, therefore, be it RESOLVED, That the Common Council endorses the Collegetown Vision Statement as a guide for shaping the growth and form of Collegetown, and be it further RESOLVED, That a committee shall be established and charged with the preparation of an implementation strategy, such committee to be appointed by the Mayor with representation from, among others, the City of Ithaca Common Council, the Planning and Development Board, Cornell University administration, neighborhood residents, students, members of the business community, and interested members of the Collegetown Vision Task Force, and be it further RESOLVED, That the implementation committee shall prioritize the recommendations of the vision statement and develop the process for their implementation, including the preparation of a schedule, estimation of a budget and identification of funding sources, for a two-step approach to an urban plan for Collegetown, starting with an ideas competition and culminating with an urban plan and design guidelines, and be it further RESOLVED, That the prioritized recommendations and implementation process shall be brought back to the Common Council for its approval. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Gelinas RESOLVED, That an additional Whereas clause be added to the Resolution before the last Whereas Clause that reads as follows: “WHEREAS, the Common Council seeks to address concerns about the interpretation of the boundaries shown in Map #3: Collegetown Urban Plan Focus Area, by the inclusion of wording with the map stating that those boundaries “are not intended to limit the area for study nor to dictate or imply future zoning district boundaries, and” and be it further RESOLVED, That the last Whereas clause be amended to read as follows: “WHEREAS, the Common Council has reviewed and concurs with the Final Draft of the Collegetown Vision Statement, dated May 31, 2007, as amended by above; now, therefore, be it” further RESOLVED, That the third Resolved clause be amended to read as follows: “RESOLVED, That the implementation committee shall prioritize the recommendations of the vision statement and develop the process for their implementation, including the preparation of a schedule, estimation of a budget, identification of funding sources, and a definition of project boundaries for a two-step approach to an urban plan for Collegetown, starting with an ideas competition and culminating with an urban plan and design guidelines, and be it further” Carried Unanimously 9-0 June 6, 2007 15 Alderpersons Gelinas and Seger thanked Alderperson Tomlan for her hard work on this resolution and for making sure that everyone understood how the document should be interpreted. Alderperson Tomlan extended her thanks to Deputy Director of Planning and Development Cornish for her creative ideas on how to handle this issue. Mayor Peterson and Alderpersons Tomlan and Gelinas extended their sincerest thanks to Historic Neighborhood Planner Chatterton for her dedication to this project and the Planning Board members for their work on this project. Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously (9-0) Motion to Extend the Meeting By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That Common Council extend the meeting to 12:00 a.m. Ayes (6) Coles, Seger, Tomlan, Zumoff, Townsend, Cogan Nays (3) Gelinas, Berry, Clairborne Abstentions (0) Carried (6-3) 9.3 Planning Department - Request to Amend Budget and Personnel Roster - Resolution By Alderperson Coles: Seconded by Alderperson Tomlan WHEREAS, the Department of Planning and Development has gone through some recent staff changes, and WHEREAS, to allow for the department to continue to function efficiently and effectively, some additional staff changes will be needed including an employee promotion and a new hire, and WHEREAS, the staff changes can all be accomplished within the existing 2007 Planning Department budget; now, therefore, be it RESOLVED, That Common Council hereby amends the 2007 authorized personnel roster for the Department of Planning and Development as follows: Add: One (1) Senior Planner (35 Hours) Delete: One (1) GIS and Quantitative Planner (25 Hours) and, be it further RESOLVED, That Common Council hereby authorizes the Controller to make any necessary budget adjustments to the existing budget for the Department of Planning and Development in order to effectuate said staff changes. Carried Unanimously (9-0) 9.2 Supplemental Authorization of the Cayuga Waterfront Trail - Resolution By Alderperson Coles: Seconded by Alderperson Zumoff WHEREAS, a Project for the CAYUGA (Cass Park) WATERFRONT TRAIL, P.I.N. 395024 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, at their meeting on June 13, 2001 Common Council authorized Capital Project #445 Cayuga (Cass Park) Waterfront Trail in the amount of $425,000, and June 6, 2007 16 WHEREAS, on April 2, 2003, Common Council authorized a commitment to pay in the first instance 100% of the federal and non-federal share of the cost of design, right-of- way acquisition and construction work for the Project or portions thereof in the amount of $677,724, and WHEREAS, on May 3, 2006 Common Council authorized a commitment to pay $50,000 in additional funds for a Phase III feasibility study for the trail, and WHEREAS, on November 1, 2006, Common Council authorized a commitment to pay in the first instance 100% of the federal and non-federal share of the cost of design, right-of-way acquisition and construction work for the Project or portions thereof in the amount of $480,000, and WHEREAS, the City of Ithaca desires to advance the abovementioned project; now, therefore, be it RESOLVED, That the Common Council hereby approves the above-subject project, and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of design, right- of-way, construction, construction inspection and supervision work for the Project or portions thereof, and be it further RESOLVED, That in addition to the abovementioned authorizations, the sum of $720,000 is hereby appropriated from the issuance of serial bonds, and made available to cover the cost of participation in the above phase of the Project, and be it further RESOLVED, That Common Council hereby amends Capital Project # 445 Cayuga (Cass Park) Waterfront Trail in the amount not to exceed of $720,000, for a total project cost of $2,384,876, with total local city share of $714,420, which represents Phase 1, Phase II, and Phase III of the three-phase project, and be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $144,000 of the $720,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, This resolution shall take effect immediately. Alderperson Coles explained that there is nothing new in this Resolution except the request to release the $144,000. June 6, 2007 17 Discussion followed on the floor regarding what the additional money will be used for, the break down of costs to the City, and the ongoing negotiations with property owners. Alderperson Gelinas left the meeting at 11:45 p.m. Amending Resolution: By Alderperson Cogan: Seconded by Alderperson Coles RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, That the Common Council hereby approves the above-subject project, subject to environmental review, and be it further” Carried Unanimously (8-0) Main Motion As Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (7) Coles, Seger, Berry, Zumoff, Tomlan, Townsend, Cogan Nays (1) Clairborne Carried Motion to Extend the Meeting: By Alderperson Zumoff: Seconded by Alderperson Cogan RESOLVED, That Common Council extend the meeting to 12:25 p.m. Ayes (5) Coles, Seger, Zumoff, Tomlan, Cogan Nays (3) Townsend, Berry, Clairborne Failed Motion to Recess: By Alderperson Seger: Seconded by Alderperson Clairborne RESOLVED, That Common Council recess the meeting to Wednesday, June 13, 2007 at 7:00 p.m. Ayes (6) Coles, Seger, Clairborne, Berry, Tomlan, Cogan Nays (2) Zumoff, Townsend Carried ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor