Loading...
HomeMy WebLinkAboutMN-C&O-1993 Minutes of Meeting of Charter & Ordinance Subcommittee of Common Council A meeting of the Charter & Ordinance Committee of Common Council was held on June 17, 1993 in the Common Council Chambers, City Hall, Ithaca, New York. The meeting was called to order at approximately 7:30 p.m. Initially present were Dan Hoffman, Chairperson, Neil Golder, John Schroeder and Bob Romanowski. Also present was alderman John Efroymson. The committee addressed possible revisions to the towing ordinance and in particular proposed increases to allowable fees. Members of the public were present including persons involved in the towing business. A motion was made by John Schroeder, seconded by Bob Romanowski to send back to Common Council a proposed ordinance revising the fees for ordinary towing from $35. 00 to $45. 00; for special towing from $60. 00 to $75. 00; for show up fees from $10. 00 to $15. 00; for hookup fees from $15. 00 to $20. 00; and for storage from $5. 00 to $10. 00. A motion to amend was made by Neil Golder, seconded by John Schroeder to have the fee for special towing be amended from $60. 00 to $65. 00. The motion to amend was unanimously passed. The motion as amended was also unanimously passed. Dick Booth was present for the remainder of the meeting. The committee then discussed a proposed ordinance regarding ethics. A motion to send a proposed ordinance to Council was moved by John Schroeder, seconded by Dick Booth. After extensive discussion, a motion was passed with Hoffman, Golder, Schroeder, and Booth voting affirmatively and Romanowski abstaining. The Charter & Ordinance Committee then discussed proposed increases to Council salaries. Four proposals were brought forward and discussed. No votes were taken on any of these proposals. Instead it was decided that all four proposals would be brought to Council. The committee then discussed the Commons Advisory Board. Mayor Benjamin Nichols, Jean Deming and Rick Eckstrom joined the discussion. The discussion included the initial role of the Commons Advisory Board; issues of membership on the Commons Advisory Board and activities which take place on the Commons. Discussion also included the relationship of the proposed BID to management of the Commons. It was informally agreed that this matter would be again reviewed in a couple of months. wp51\chuck\c&osub.min-7/7/93 The Committee discussed a proposed ordinance and a proposed law granting to the Fire Department and the Building Department the authority to issue appearance tickets. Rick Eckstrom and Brian Wilbur joined the discussion. A motion to bring both matters to Council was made by John Schroeder, seconded by Dick Booth and unanimously approved. The Committee then addressed the sign ordinance. Jean Deming and Rick Eckstrom joined in the discussion. A general discussion of priorities ensued. It was informally agreed that a special committee including Dan Hoffman, Dick Booth, Jean Deming, Peter Dieterich and Leslie Chatterton would be established to attempt to revise the current sign ordinance. The Committee then addressed the Six Mile Creek Overseer Committee. This issue was tabled to next month's meeting. The Committee then discussed a proposed ordinance regarding multiple residences. Rick Eckstrom and Brian Wilbur joined the discussion. The Committee was advised that the Building and Fire Departments intend to bring, and will probably bring to next month's meeting, a proposed ordinance regarding fire detection systems in multiple residences. By motion unanimously approved, the Committee then went into Executive Session. It discussed a matter involving potential litigation in reference to the Television Cable Franchise. No action was taken in the Executive Session. The meeting was adjourned at 10:56 p.m. wp51\chuck\c&osub.min-7/7/93 - 0111714' ;v. ,,..:�.,. �( T1rl(R� rm1TT CITY OF ITHACA 1 OB EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: (607)274-6504 CITY ATTORNEY MEMORANDUM FAX: (607)272-7348 TO: Dan Hoffman, Chairman C&O Ae All Members of C&O FROM: Chuck Guttman, City Attorney DATE: July 7, 1993 RE: C&O Subcommittee Minutes of Meeting Enclosed please find a copy of proposed minutes of the June 1993 C&O meeting. If you have any proposed corrections or additions, please get them to me. Otherwise, I assume there will be a motion at the July C&O meeting to approve these minutes. An Equal Opportunity Employer with an Affirmative Action Program" toy Recycled Paper • «inr� t°q CITY OF OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF MEMORANDUM TELEPHONE: (607)274-6504 CITY ATTORNEY FAX: (607)272-7348 TO: Dan Hoffman Members of C&O FROM: Chuck Guttman, City Attorney DATE: July 22 , 1993 RE: C & 0 Minutes - 7/15/93 Enclosed please find proposed minutes of the July 15, 1993 C&O meeting. "An Equal Opportunity Employer with an Affirmative Action Program" ta Recycled Paper MINUTES OF MEETING OF THE CHARTER & ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF ITHACA Held on July 15, 1993 The meeting was called to order at 7:55 p.m. Present were Dick Booth, Bob Romanowski and Dan Hoffman. Also present was City Attorney Charles Guttman. The Committee discussed the proposal by Rick Eckstrom to have Building Inspectors issue appearance tickets for violations of City code. The proposal specifically included reducing the fines for certain violations with the fines to be greater for second and subsequent offenses. Mayor Benjamin Nichols, Rick Eckstrom, Brian Wilbur and Pat Kennedy participated in the discussion. The motion was made and unanimously passed to adjust the fines for violations of unkept lawns, litter on private property, insufficient storage space for household solid waste, portable signs, banners, pennants and fluttering devices, maintenance of fences, steps, etc. , maintenance of accessory structures and front yard parking to $40. 00 for a first offence, $60.00 for a second offense within one year period and $100. 00 for a third or subsequent offense within the one year period. The Committee then discussed the question of illegal posters. Present for this discussion was Ken Hallett of the ACB Cafe. It was informally determined that Charles Guttman would draft a proposal under which the City would construct Kiosks for posters and would then lease these kiosks to an entity composed of bars, nightclubs, etc. The matter would be discussed further after the proposal had been drafted. The Committee then discussed a proposed ordinance regarding fire detection devices. Rick Eckstrom, Brian Wilbur and Pat Kennedy participated in the discussion. It was informally agreed that the matter would be discussed at the Committee of the Whole and come back to Charter & Ordinance for further work. The Committee then discussed a proposed ordinance setting forth guidelines and criteria which the City would use in making responsibility determinations for low bidders. By motion unanimously passed this proposed ordinance was approved and forwarded on to Common Council. The Committee then discussed the proposed bylaws of the Six Mile Creek Advisory Committee. By motion unanimously passed the proposed bylaws were forwarded on to Common Council. The Committee then by motion unanimously passed moved into Executive Session to discuss possible litigation with American Community Cablevision. Charles Guttman reported on the state of pending negotiations which it informally agreed that negotiations would continue. The meeting adjourned at 9:45 p.m. 3 CHARTER & ORDINANCE COMMITTEE The regular monthly meeting of the Charter & Ordinance Committee of Common Council will be on Thursday, Aug. 19, 1993, 7:30 PM, in Council Chambers, 3rd floor of City Hall, 108 E. Green Street, Ithaca, NY. Estimated AGENDA Times A. Agenda Review 5 min. B. Chairperson's Report 5 min. C. City Attorney's Report - ? - D. Public Comment (The public may also briefly address specific items when they come up on the agenda) E. Issues: 40 min. 1. Fire Detection Systems in Multiple Residences - Proposal from Building Commissioner & Fire Chief 20 min. 2. Code Enforcement Officers - Proposal from Building Commissioner 40 min. Towing of Chronic Parking Violators - Proposal from Police Chief 20 min. 4. Bicycles on the Commons - Clarification of policy on "unattended bicycles" 20 min. 5. Dog Waste Clean Up Law - Referral from Parks Commission & Board of Public Works Questions about this agenda should be directed to Daniel Hoffman, Chairperson, 273-6933, or the City Clerk's Office, 274-6570. Back-up material for agenda items is available at the Clerk's office. PLEASE NOTE: Order and time limits for agenda items are TENTATIVE and subject to change. You may contact the Chairperson for verification. cc (ATTN) : Rick Eckstrom [#1, #2] Brian Wilbur [#1] Harlan McEwen [#3, #4] Commons Advisory Board (c/o Jean Deming) [#4] Downtown Ithaca Inc. [#4] Bicycle Advisory Council (c/o Carl Lagoze) [#4] Parks Commission (c/o Joann Cornish-Epps) [#5] 'rte cyce,v�%4�r d; CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: (607)274-6504 CITY ATTORNEY FAX: (607)272-7348 MEMORANDUM To: Members C&O Committee Dan Hoffman, Dick Booth, Neil Golder, Bob Romanowski, John Schroeder From: Chuck Guttman, City Attorneyd0 Date: August 20, 1993 Re: Draft August Minutes Enclosed please find a draft of the proposed minutes for the August 1993 C&O meeting. Enclosure An Equal Opportunity Employer with an Affirmative Action Program' t4: Recycled Paper • • x- MINUTES OF CHARTER AND ORDINANCE COMMITTEE - AUGUST 19, 1993 � r A regular meeting of the Charter and Ordinance Committee was called to order on August 19, 1993 at 7 : 30 p.m. Dan Hoffman, Chairperson, Dick Booth, Bob Romanowski and John Schroeder were present. Also present was City Attorney Charles Guttman. The Committee discussed the issue of fire detection systems in multiple residences. Present for the discussion were Brian Wilbur, Rick Eckstrom, and Pat Kennedy. Comments were made to the proposed ordinance. It was informally decided that the staff would work on improvements to the proposed ordinance and bring it back to the Charter and Ordinance Committee in September. The Committee then discussed the proposed ordinance amending certain sections of the Zoning Ordinance and the penalty section of the Municipal Code to provide for enforcement of certain violations of the Municipal Code by the issuance of appearance tickets with reduced fines. Present for the discussion were Brian Wilbur, Rick Eckstrom, and Pat Kennedy. By motions made and unanimously passed, the proposed amendment to the Zoning Ordinance and proposed amendment to the Municipal Code were forwarded on to Council. The Committee then discussed the issue of bicycles on the Commons. Present for the discussion were Chief McEwen and David Nuttar of the Bicycle Advisory Committee. Chief McEwen advised the Committee as to the direction he is giving his police officers regarding enforcement of violations of bicycles on the Commons. The Committee requested and Chief McEwen agreed to provide to the Committee a written statement as to the police policy on this issue. A proposed ordinance was presented to the Committee revising the current Municipal Code in this regard. The issue was tabled until the September C&O meeting so that the Committee could have input from the Commons Advisory Board and the Bicycle Advisory Commission. The Committee then discussed the issue of dog waste on public and private property. Present for the discussion Joann Cornish-Epps, Chairperson of the Parks Commission and Neil Schwartzbach. It was pointed out that the Municipal Code currently includes a provision making it a violation for the owner of a dog to allow the dog to defecate or urinate on public or private property other than that of the owner. It was suggested that the section in the Municipal Code be revised to delete the reference to urination and to further provide that it is not a violation of the ordinance if the excrement is promptly removed. The City Attorney was directed to prepare a proposed resolution for the September C&O meeting. The Committee then discussed the question of towing of chronic parking violators. A proposed ordinance was distributed to Committee members. Discussion ensued regarding the appropriate number of outstanding violations which should exist before a chronic violator's car could be towed and the appropriate notice to be given to chronic violators. The Committee tabled the matter until it's September meeting. The meeting was adjourned at approximately 10:40 p.m. 1 Q CHARTER & ORDINANCE COMMITTEE The regulate manth4y meeting of the Charter & Ordinance Committee of Common Council will be on Thurs. , Sept. 16, 1993, 7:30 PM, in Council Chambers, 3rd floor of City Hall, 108 E. Green Street, Ithaca, NY. Estimated AGENDA Times A. Agenda Review 5 min. B. Vice Chairperson's Report 5 min. C. City Attorney's Report - ? - D. Public Comment (The public may also briefly address specific items when they come up on the agenda) E. Issues: 25 min. 1. Fire Detection Systems in Multiple Residences - Revised proposal to be distributed 25 min. 2. Abandoned Shopping Carts - Discussion of problem & possible responses 20 min. 3. Bicycles on the Commons - Police Chief's directive on interpretation/ enforcement of current law (Enclosed) - Recommendations from Bicycle Advisory Council & Commons Advisory Board 20 mina 4. Towing of Chronic Parking Violators - Please bring proposed ordinance distributed at last meeting 15 min. 5. Dog Waste Clean Up Law - Proposed revision to current ordinance prohibiting certain acts by dogs (Enclosed) - Discussion on enforcement 20 min. 6. Removal of Board or Commission Members for Non-Attendance - Proposed Local Law (Enclosed) 30 min. 7. Cable Franchise Dispute - Bring City Attorney's memo of 9/2/93 .. /0',/ l ?ic: Gh y a. )6-0,y40; Questions about this agenda should be directed to Richard Booth, Vice Chairperson, 272-6573, or the City Clerk's Office, 274-6570. Back-up material for agenda items is available at the Clerk's office. PLEASE NOTE: Order and time limits for agenda items are TENTATIVE and subject to change. You may contact the Vice Chair for verification. cc / ATTN: Rick Eckstrom [#1] Brian Wilbur [#1] Cart Owners group (c/o Bob Nash, P&C) [#2] Bill Gray [#2] Harlan McEwen [#2, #3, #4, #5] Commons Advisory Board (c/o Jean Deming) [#3] Bicycle Advisory Council (c/o Carl Lagoze) [#3] Parks Commission (c/o Joann Cornish-Epps) [#5] Cable Advisory Commission (c/o Jim Ferwerda) [#7] MINUTES CHARTER AND ORDINANCE 09/16/93 A regular meeting of the Charter and Ordinance Committee of the Common Council of the City of Ithaca was held on September 16, 1993. Present were (Vice-Chairperson) Dick Booth, John Schroeder, Neil Golder, Bob Romanowski, and Charles Guttman, City Attorney. Also present were Ben Nichols, Chief McEwen, Pat Kennedy, Rick Eckstrom, Barbara Blanchard, Jean Deming, Brian Wilbur, and David Nuttar. The Committee listened to comments from the public. Claus Nyberg spoke complaining of a not-for-profit corporation selling clothing on the Commons. He specifically complained that the clothing being sold was of the type almost identical to clothing being sold by merchants on the Commons and was being sold for comparable prices giving the not-for-profit corporation an unfair competitive advantage against merchants who have to pay rent. The Mayor spoke regarding the same subject stating that he had been approached by merchants regarding this sale and it was his understanding that the not-for-profit corporation had received a permit properly issued by the Commons Coordinator and that it was important for the City to balance the two concerns. A representative from the not-for-profit group also spoke as did Police Chief Harlin McEwen and Jean Deming. Paul Glover spoke from the public regarding the issue of bicycles on the Commons stating that the City should be more hospitable to bicyclists and, in particular, should not require that unattended bicycles on the Commons be put into designated racks. The Committee moved to the first item on the agenda, fire detections systems and multiple residences. A proposed ordinance was presented to the Committee by Rick Eckstrom and Brian Wilbur. The Committee discussed the proposed ordinance and was advised that staff was still working on it and that the ordinance would be brought back to Committee in final form next month. The Committee then discussed the issue of abandoned shopping carts. Barbara Blanchard and the manager of the P&C store were present and advised the Committee that this has become a very serious problem with up to 300 shopping carts per month being taken from the P&C downtown store alone. Barbara Blanchard apprised the Committee that she was working with a group of concerned people including grocery store managers and members from Public Works and they were in the process of developing a "nucleus of a plan of attack" . Barbara Blanchard requested that the Committee give that group sufficient time to develop an appropriate plan which the Committee agreed to do. Chief McEwen also joined in that discussion. The Committee then discussed the issue of bicycles on the Commons. Chief McEwen advised the Committee that he had prepared a memorandum to his officers advising them as to the state of law and how it should be enforced and he was requesting any further direction from Common Council. The most specific concern was c:\wp51\C&OMinutes\Sept16.93 09/17/93 1 • regarding whether or not unattended bicycles had to be in designated racks. Discussion ensued including Chief McEwen, David Nuttar, Jean Deming, the Mayor, and the Committee. The Chief agreed to modify paragraph 3 of his memorandum to delete the language "should be considered abandoned" and replace that with "can be". The Committee generally agreed that the Chief's memorandum expressed the current state of the law and was well done. The Committee stated that they would be willing to consider proposals from anyone who wished to submit a proposal to change the existing law. The Committee than discussed the issue of the authority of the Chief of Police to designate persons who would have the authority to regulate traffic. The proposed law was submitted for the Committee's consideration. The proposed law was moved by Bob Romanowski, seconded by Neil Golder, and unanimously passed. The Committee then discussed the issue of a dog waste clean-up law. Joann Cornish-Epps and the Chief of Police participated in the discussion. It was moved by Bob Romanowski and seconded by Dick Booth that the current law be modified to add the phrase "unless the solid waste is promptly picked up and removed by the owner or the person responsible for the dog" and not to delete the word "urination" as had previously been proposed. The motion passed 2 to 1, Neil Golder voting in opposition. The Committee then discussed a proposal for the towing of chronic parking violators. Chief McEwen joined in the discussion. It was moved by Bob Romanowski and seconded by Neil Golder that the proposal be modified in three respects; namely, to delete the requirement that the five parking tickets be obtained within one year; to delete the requirement that the individual receive the certified letter but only that the certified letter be sent; and lastly, to include the administrative costs of sending out the certified letter. This motion was unanimously passed. The proposed ordinance was then moved by Bob Romanowski, seconded by John Schroeder, and unanimously passed. The Committee then discussed the issue of removal of board or commission members for non-attendance. The proposal was moved by John Schroeder, seconded by Bob Romanowski, and unanimously passed. The Committee then moved into Executive Session to discuss the cable franchise dispute with Time Warner. In Executive Session Charles Guttman reported that he had received a proposed agreement from the attorney from Time Warner. The contents of that agreement were discussed. It was moved by Bob Romanowski, seconded by John Schroeder, and unanimously passed that the issue be sent on to the full Council. The meeting was adjourned at approximately 10:40 p.m. c:\wp51\C&OMinutes\Sept16.93 09/17/93 2 • CHARTER AND ORDINANCE COMMITTEE The Regular Meeting of the Charter and Ordinance Committee of Common Council will be THURSDAY, OCTOBER 21 , 1993 AT THE YOUTH BUREAU BUILDING - 2ND FLOOR CONFERENCE ROOM - 7 : 30 P ECM- AGENDA OCT 1 5 1993 A. Agenda Review IJ B. Chairperson' s Report C . City Attorney' s Report D. Public Comment (The Public may also rie y address items when they come up on the Agenda) F . Issues : Est . Times 30 Min. ire Detection Systems in Multiple Residences ( vised Proposal to be distributed) 15 Min. 2 . og Waste Clean-up Law (Proposed Revision to current Ordinance - Seeing-Eye Dogs) ty�O/cV /9ss/spo.eo /�i�%/ 'f}' -" 30 Min. 3 . Nu ber of Votes required to transfer Festival Lands 20 Min. Vapor Recovery Systems for gas pumps and tanks - Discussion 10 Min. 5 . Revision of Sign Ordinance - Time Frame for Sub-Committee Questions about this Agenda should be directed to Daniel Hoffman, Chairperson, 273-6933 or the City Clerk' s Office , 274-6570. Order and time limits for Agenda items are TENTATIVE and subject to change. You may contact the Chairperson for verification. CC (ATTN) : Bryan Wilbur (#1) Rick Eckstrom (#1 and #5) Richard Farruggio , Disability Adv. Council (#2) Doria Higgins , Citizen' s to Save Our Parks (#3) Betsy Darlington, Cons . Advisory Council (#3and #4) Peter Dieterich (#5) Jon Meigs (#5) Jean Deming (#5) ` � V CHARTER AND ORDINANCE COMMITTEE - AGENDA ITEM 16.1 An Ordinance Amending Chapter 164 Entitled "Dogs and Other Animals" of the City of Ithaca Municipal Code (exception for seeing eye dogs) Ordinance No. 93- An ordinance amending Chapter 164 entitled "Dogs and Other Animals" of the City of Ithaca Municipal Code (exception for seeing eye dogs) BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows : SECTION 1. That Section 164-9(C) entitled "Prohibited Acts" of Article III entitled "Dogs" of Chapter 164 entitled "Dogs or Other Animals" is hereby amended to read as follows: " Any owner of a dog or any other person who harbors any dog in the City of Ithaca shall be in violation of this Article: C. Except for,handicapped assistance aft±mals in performance of ter trained duties, causes damage or destruction to public or private property or defecates (unless the solid waste is promptly picked up and removed by the owner or other person responsible for the dog) , or otherwise commits a nuisance on public or private property other than on the premises of the person owning or harboring such dog. " SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. 18 . PLANNING AND DEVELOPMENT COMMITTEE - AGENDA ITEM 3 WHEREAS, the New York State Department of Transportation has prepared a Design Report and Environmental Assessment (dated September, 1993 ) for the rebuilding of two deteriorated bridges and eight-tenths of a mile of Route 13 south of the City, beginning just within City limits, and WHEREAS, Common Council by resolution on December 5, 1990 and February 6, 1991 urged the D.o.T. to replace these deteriorated bridges and to retain the existing two-lane width for this section of Route 13, and WHEREAS, the September, 1993 Design Report and Environmental Assessment dismisses further consideration of two-lane solutions and only considers the "Social and Economic Impacts" and an "Environmental Assessment" of two very similar four-lane designs, and WHEREAS, the construction of a four-lane Route 13 heading north from the City in the 1960s has had a profound impact on urban/VI/1j' growth patterns and social and economic trends in the Ithaca area over the part three decades, indicating that the issue of the "Social and Economic Impacts" of a four-lane Route 13 heading south from the City deserves a much more thorough consideration and analysis than is provided in the current document, and WHEREAS, the beauty and rural character of the approach to the City from the south along Route 13 is a significant environmental resource which could be seriously damaged by the construction of new four-lane bridges and a widened four-lane road, and the current document completely dismisses this crucial environmental issue by stating that "the only measurable visual impact associated with this project would be the removal of the existing railroad abutments, " and ,tot /7- 'HE• A the ' y •f Ithac. • iders the widening of th- - 13 • r'dge ove Six M - reek a prior • , the City's •ncerns, and WH REAS, - pr' ri• f• Sta e t ansp��rtati• • -xpendit -s should b for impr� -d mass transit, not fo -xpand- ' ghways; now, t e . e ire, be it RESOLVED, That Common Council finds the review of "Social and Economic Impacts" and the "Environmental Assessment" within the current document to be seriously inadequate, and be it further RESOLVED, That Common Council believes this project's magnitude requires a full Environmental Impact Statement including a thorough consideration of potential two-lane olution and be it further 414 iier /i RESOLVED, That Common Council reaffirms its support for replacement of the deteriorated bridges and for a project that has basically the same two-lane width as the existing road, and be it further RESOLVED, That Common Council's support of a two-lane solution is not intended to oppose the inclusion of a third lane, in specific locations, where needed for turning, and be it further RESOLVED, That the City Clerk be directed to forward a copy of this resolution to the New York State Department of Transportation prior to the November 8, 1993 comment deadline. -OCT-29-1993 11:16 FROM CC =LL -CITY REG'L PLAN TO 92 727348 P.02 NEW BUSINESS: - AGENDA ITEM 2 PROPOSED RESOLUTION - by Richard S. Booth October 29, 1993 WHEREAS the City of Ithaca owns the so-called Festival Lands comprising approximately fifteen acres that adjoin the State of New York's Allan H. Treman Marine State Park; and WHEREAS there have been various opinions expressed over a period of years by persons within and outside the City government regarding whether or not the Festival Lands constitute park land under the applicable law of this state; and WHEREAS official maps produced by the City, including but not limited to the City's zoning map, have for many years denoted the Festival Lands as park land; and WHEREAS for more than twenty-five years the City of Ithaca has kept the Festival Lands as open and partially natural lands; and WHEREAS, the Festival Lands have been maintained in said open and partially natural condition by City of Ithaca personnel and/or by State of New York personnel acting with the acquiescence of the City of Ithaca; WHEREAS for more than twenty-five years the City of Ithaca has allowed t- @fr ' the Festival Lands to be used by the public for hiking, picnicking, jogging, bird watching, casual sporting activities, and other outdoor uses consistent with the long term maintenance of open, natural public park lands; and WHEREAS for more than twenty-five years large numbers of residents of the City of Ithaca and of the Ithaca area have used the Festival Lands as though they were public park lands for hiking, picnicking, jogging, bird watching, casual sporting activities, and other outdoor uses consistent with the long term maintenance of open, natural, public park lands; and WHEREAS said uses of the Festival Lands are typical of the public's use of public park lands in countless places across this state; and • -;OCT-29-1993 11: 17 FROM Cr =LL CITY REGAL PLAN TO 92727348 P.03 ■w/ re WHEREAS large numbers of residents of the City of Ithaca and of the Ithaca area consider the Festival Lands to be public park land that is not in any significant way distinguishable from the state-owned park land that adjoins the Festival Lands; and WHEREAS in fact the Festival Lands are not in any significant way distinguishable from the state-owned park land that adjoins the Festival Lands; and WHEREAS applicable New York State law provides that land owned by a municipal government may, as a result of the use and maintenance of that land, become public park land through implied dedication; now therefore BE IT RESOLVED that the Common Council of the City of Ithaca states its conclusion that the Festival Lands have become and are public park land by means of implied dedication as defined by the applicable law of the State of New York; and BE IT FURTHER RESOLVED that this Common Council intends that all future actions by the City of Ithaca respecting and/or affecting the Festival Lands will reflect its conclusion that said lands constitute public park land by means of implied dedication. r/lYr r� , CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: (607)274-6504 CITY ATTORNEY M E M O R A N D U M FAX: (607)272-7348 To: Chief Harlin McEwen, Ithaca Police Department Bill Gray, Superintendent of Public Works From: Chuck Guttman, City Attorney G Date: November 15, 1993 Re: C & 0 Committee - Revisions to the Vehicle and Traffic Ordinance I have received another phone call from Dan Hoffman wanting to know the current status of the revisions to the Vehicle and Traffic Law. He was hoping that we would have something ready to go to C&O this month and therefore go to Council next month. Please let me know what progress your departments have made with regard to this matter and when C&O can expect to receive something from you. Please get back to me at your earliest convenience regarding this and if possible prior to Thursday, November 18th, when C&O will meet so I can report to them. • "An Equal Opportunity Employer with an Affirmative Action Program" to, Recycled Paper • It I 6 au CHARTER & ORDINANCE COMMITTEE ` l_._ The regular monthly meeting of the Charter & Ordinance committee of---J Common Council will be on Thurs. , Nov. 18, 1993, 7:30 PM, in Council Chambers, 3rd floor of City Hall, 108 E. Green Street, Ithaca, NY. Estimated AGENDA Times A. Agenda Review 5 min. B. Chairperson's Report 5 min. C. City Attorney's Report - ? - D. Public Comment (The public may also briefly address specific items when they come up on the agenda) E. Issues: 40 min. Fire Detection Systems in Multiple Residences - Revised proposal enclosed 30 min. Trash Ordinance - - Discussion of need for consolidated and more comprehensive ordinance tevi- - . - . ' - -- 30 min. Postering on Utility Poles - Update on proposal for kiosks 15 min. . Vapor Recovery Systems for Bulk Tanks & Gas Pumps - Review of new materials Questions about this agenda should be directed to Daniel Hoffman, Chairperson, 273-6933, or the City Clerk's Office, 274-6570. Back-up material for agenda items is available at the Clerk's office. PLEASE NOTE: Order and time limits for agenda items are TENTATIVE and subject to change. You may contact the Chairperson for verification. cc / ATTN: Brian Wilbur ( 1) Rick Eckstrom ( 1) (2) Harlan McEwen (3) Ken Hallett (4) ( , • Minutes of C&O Meeting December 16, 1993 A regular meeting of the Charter & Ordinance Committee of Common Council of the City of Ithaca was held on December 16, 1993 in Common Council Chambers, third floor of City Hall. The meeting was called to order at 8:45 p.m. Present were Vice Chairman Richard Booth, Bob Romanowski, Neil Golder and Charles Guttman, City Attorney. Also present were Chief McEwen, Brian Wilbur, Rick Eckstrom and Ken Hallett. The committee discussed revisions to the Vehicle and Traffic law. Chief McEwen advised the committee that his department was in the process of going over the revised proposed language and that this task had almost been completed. Once an accurate survey had been done of exactly what vehicle & traffic should be in the code, Chief McEwen, Superintendent of Public Works Bill Gray and Charles Guttman would meet to discuss a few policy issues and prepare recommendations to the committee. At which time, the issue would be brought back to the Charter & Ordinance Committee. The committee then discussed the strategy for reviewing the fire/smoke detection ordinance. The committee was advised by Rick Eckstrom that the Mayor was setting up a task force to look into this issue and that Rick Eckstrom would be recommending to the Mayor that the Task Force include himself, Brian Wilbur, Charles Guttman, Landlords, Electricians and other interested persons. The committee specifically recommended that the committee include a member of Common Council. The committee then discussed the question of postering on utility poles. Charles Guttman presented to the committee a proposal which he had prepared. This proposal was discussed by the committee. The committee suggested that the proposal be clear that the Board of Public Works has the authority to change locations of kiosks and/or to change the number of kiosks which will exist. The committee also recommended the agreement have a clear provision for termination. It was then agreed that the next step was up to the owners of businesses which use postering as a form of advertisement. They should, if they wish the City to pursue this policy, meet and report back to the City that they are prepared to form an entity which lease the kiosks from the City on the terms set forth in the proposal. The committee advised Ken Hallett that he should report back to the City before April 1994 as to what those businesses are willing to do. The committee then discussed the need for consolidated and more comprehensive ordinance regarding trash. It was generally agreed that while it would be nice to have all the ordinances regarding trash consolidated, that this was no of the highest priority. It was further discussed that there are certain other cwp51\c&ominutes\12-16-93.min issues regarding trash which should be codified. These include dumpsters on front lawns, junk cars, garbage placed by individuals in dumpsters or cans belonging to others, and a clear littering ordinance. It is agreed that this is an issue which should be discussed in the future, but do not appear to be of the highest priority. The committee decided not to discuss on the issue of shopping carts, because Barbara Blanchard who is working on this issue was not present. The committee also decided not to discuss the issue of review of issues for 1994, other than to note that there is a long list of C&O issues which have not yet been addressed. The meeting was then adjourned at approximately 9:45. cwp51\c&ominutes\12-16-93.min