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HomeMy WebLinkAboutMN-CC-1991-11-060 T­ MN W Z 2 31 Regular Meeting PRESENT: Mayor Nichols Alderpersons (10) - COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 P.M. November 6, 1991 Booth, Blanchard, Peterson, Cummings, Daley, Golder, Romanowski, Schroeder, Johnson, Hoffman OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Guttman Fire Chief - Olmstead Police Chief - McEwen Planning and Development Deputy Director Acting Building Commissioner - Eckstrom Acting Superintendent of Public Works - Personnel Administrator - Saul Youth Bureau Director - Cohen Board of Public Works-Commissioner - Sieverding Gray - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the October 2, 1991 Common Council Meeting By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the October 2, 1991 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Peterson requested the addition of a Substitute Resolution for Item 15.8, "Amendments to 1991 Budget ". Alderperson Peterson requested the addition of Item 15.11, "1992 Mayor's Proposed Budget ". No Council member objected. Planning and Development Committee Alderperson Hoffman requested the addition of a brief report on the Comprehensive Housing Affordability Strategy. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Section 30.25 Entitled `District Regulations', Column 2 Entitled `Permitted Primary Uses' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.25 entitled `District Regulations', Column 2 entitled `Permitted Primary Uses' of Chapter 30 entitled `Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Hoffman explained the proposed Amendment to the Ordinance. 21 22 November 6, 1991 No one appeared to address the Public Hearing. Resolution to Close Public Hearing By Alderperson Schroeder: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.25 entitled `District Regulations', Column 2 entitled `Permitted Primary Uses' of Chapter 30 entitled `Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Southside Re- zoning Mr. George Hagood, representing the Southside Neighborhood Association, spoke to Council in favor of the proposed re- zoning of the Southside Center. He also spoke about the need for more room at the Southside Center so that their programs can be expanded to more fully accommodate the children in that area of the City. Tenants' Rights Mr. Joel Harlan, 404 Lake Street, spoke to Common Council regarding tenants' rights. He urged Council to become more involved with the tenants of the City of Ithaca. Commons Capital Project Mr. Andrew Gillis, on behalf of the Commons Advisory Board, spoke to Council regarding B &A Item 15.1 on tonight's agenda. He reported on the results of a survey of Commons merchants. These merchants are in favor of this project happening in one phase in 1992. He urged Council to support this project. Ms. Peggy Underwood, a member of the Commons Advisory Board, spoke to Council in favor of the proposed project on The Commons. Citizen Pruner Program - Report Ms. Monika Crispin and Ms. Nancy Brown gave an update on the projects that have been undertaken by the Citizen Pruner Program to date. They stated that there have been a total of 259 volunteer hours donated to the program so far this year. They feel it has been extremely succcessful and hopes that it will continue to receive support from the City. Cataract Hose Company Number 7 Mr. William Henry and Mr. George Diamond, representing Cataract Hose Company Number 7, read a statement to the Council requesting that Council support the Fire Commissioners 1992 Budget. They further requested-that the City keep #7's operating as a fire station. (Statement on file in the City Clerk's Office). RESPONSE TO THE PUBLIC: Citizen Pruner Program Alderperson Romanowski thanked the persons involved in the Citizen Pruner Program for all the work that they have done on behalf of the City. Alderperson Cummings stated that the Citizen Pruner group has done an excellent job and they should be used as a role model for other groups in the City. #7 Fire Station Alderpersons Peterson and Hoffman expressed their support for the #7 Fire Station and stated that they also would like to keep it operating. 2 November 6, 1991 REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Fire Commissioners Mr. Jim Mayer, representing the Board of Fire Commissioners, presented a statement to Council regarding the 1992 Budget that the Board of Fire Commissioners approved at the Board's August 13, 1991 meeting. (The statement is filed in the City Clerk's Office). Mayor Nichols and Alderperson Booth invited the Board of Fire Commissioners to the B &A meeting on November 21 to discuss the Fire C e Department budget. Board of Public Works Commissioner Reeves reported on the following items to the Council: Pick Up of Leaves - Comm. Reeves referred to an article in the newspaper regarding leaf piles being left in the streets. She read a statement from Assistant Superintendent Ferrel that clarified t— this article. NN Street Name Change - The Board held a Public Informational meeting at the Southside Community Center in regard to the proposed change m of the name of Cleveland Avenue to Wheat Street. The general Z consensus of residents showed a definite lack of support for the change. One suggestion that was made was the possible installation of a historical marker on the street. The Board will conclude discussion of this issue at a later date after receiving information about the historical marker and a final tally of the resident's views. Commons Renovation Project - The Board passed a resolution on October 9 which was sent to the Budget and Administration Committee with the recommendation that the City go ahead with the project at the budgeted figure of $450,000 for the entire project. The Board would like the project to be completed in a timely manner. Use of DeWitt Park - The Board continues to receive requests from various groups for the use of DeWitt Park. The Presbyterian Church owns DeWitt Park and the City has a long standing agreement with the Church to maintain the park. Because of the requests and because our agreement with the Church is so old, Commissioner Reeves will be meeting with Assistant City Attorney Kennedy to formulate some guidelines for the use of the park. Representatives from the Church will be asked to join in the discussions to give their input. REPORT OF THE CITY ATTORNEY: Contract for the Transit Facility City Attorney Guttman reported that the City has received back the fully signed and notarized contract from Cornell, Gadabout and the County regarding the Transit Facility. Reapportionment Committee City Attorney Guttman reported that the Reapportionment Committee has been meeting on a regular basis. There will be a public meeting on Wednesday, November 13th to obtain public input on the reapportionment issue. City Hall Annex - Real Estate Taxes City Attorney Guttman reported that in regard to the action that the City brought against the County Board of Assessment, the Judge has ruled that the property should be reinstated to the exempt portion of the tax rolls. The City, therefore, will not be required to pay real estate taxes on the City Hall Annex. 3 23 24 November 6, 1991 BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 D.P.W. Request to Increase Authorization and Establish Design Contract for Commons Improvement Capital Project #243 By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Department of Public Works has recommended that the first phase of the Commons Improvement Project be rescheduled for the Spring of 1992, and WHEREAS, the current funding authorization for the first phase of said project is not sufficient to cover all projected related costs, such as, additional design costs and in -house professional services; now, therefore, be it RESOLVED, That Capital Project #243 Commons Improvements be increased by $57,000 to a maximum projected cost of $220,780., to reflect current projects cost increases, and be it further RESOLVED, That the Mayor be authorized to execute an agreement for the provision of Architect Design services at a cost not to exceed $ , which shall be paid from the Capital Project fund established for this purpose, and be it further RESOLVED, That the financing for such increased authorization be derived from the issuance of Bonds. Discussion followed on the floor with several Alderpersons making comments. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Blanchard RESOLVED, That the following changes be made to the resolution: In the First Whereas clause, the words "the first phase of" be stricken; In the Second Whereas clause, the words "the first phase of said" be stricken, and the word "this" added before the word "project" in the second line; In the First Resolved, the figure "$57,000" and the figure "$220,780" be deleted and the figure "$276,220" and the figure "$460,000" be inserted in their place. In the Second Resolved, the figure should read "$58,000 ". Discussion followed on the floor on the amendment. A vote on the Amending Resolution resulted as follows: Ayes (7) - Blanchard, Schroeder, Daley, Hoffman, Cummings, Romanowski, Johnson Nays (3) - Booth, Golder, Peterson Carried Main Motion as Amended The Main Motion as Amended shall read as follows: WHEREAS, the Department of Public Works has recommended that the *Commons Improvement Project be rescheduled for the Spring of 1992, and WHEREAS, the current funding authorization for this project is not sufficient to cover all projected related costs, such as, additional design costs and in -house professional services; now, therefore, be it 4 It Z_5 November 6, 1991 RESOLVED, That Capital Project #243 Commons Improvements be increased by $276,240 to a maximum projected cost of $460,000., to reflect current projects cost increases, and be it further RESOLVED, That the Mayor be authorized to execute an agreement for the provision of Architect Design services at a cost not to exceed $58,000, which shall be paid from the Capital Project fund established for this purpose, and be it further RESOLVED, That the financing for such increased authorization be derived from the issuance of Bonds. A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Schroeder, Blanchard, Johnson, Romanowski, Cummings, Daley, Peterson, Hoffman Nays (2) - Booth, Golder Carried T The project referred to is the expanded project recommended by the N m Board of Public Works as outliend in memo dated October 4, 1991. Z* 15.2 Appointment of Assistant Superintendent of Public Works By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Dennis Shimer be provisionally appointed to the position of Assistant Superintendent of Public Works (Water & Sewer) at an annual salary of $43,000 and relocation expenses not to exceed $1,500, effective October 15, 1991. Carried Unanimously * 15.3 D.P.W. Request for Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Chief Water Treatment Plant Operator has recommended Water Treatment Plant Operator William Baker for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and WHEREAS, the Chief Water Treatment Plant Operator has provided the Budget and Administration Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Chief Water Treatment Plant Operator's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That William Baker's salary be increased by four (4%) percent to an annual salary of $27,384., effective September 3, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Water and Sewer Budget. Ayes (7) - Johnson, Blanchard, Romanowski, Peterson, Hoffman, Cummings Nays (3) - Daley, Golder, Booth Carried Alderperson Golder explained that his vote is not against the person but against the whole issue of merit pay. * 15.4 D.P.W. Request for Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Chief Water Treatment Plant Operator has recommended Water Treatment Operator John Coggin for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and 5 Wei November 6, 1991 WHEREAS, the Chief Water Treatment Plant Operator has provided the Budget and Administration Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Chief Water Treatment Plant Operator's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That John Coggin's salary be increased by four (0 ) percent to an annual salary of $19,464., effective September 3, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Water and Sewer Budget. Ayes (7) - Blanchard, Romanowski, Cummings, Peterson, Johnson, Hoffman, Schroeder Nays (3) - Daley, Golder, Booth Carried Alderperson Daley explained that his vote is not against the person but against the policy of using incentive awards during this time of budget cuts. * 15.5 Appointment of Youth_ Development Program Leader By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Willete Kolu Zigbi be provisionally appointed to the position of Youth Development Program Leader at an annual salary of $16,247., that being Step 2 on the CSEA Administrative Unit Compensation Plan, effective November 7, 1991. Carried Unanimously * 15.6 D.P.W. Amendment to Personnel Roster By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Delete: One (1) Director of Water and Sewer Operations Add One (1) Supervisor of Water and Sewer Operations and be it further RESOLVED, That the position of Supervisor of Water and Sewer Operations be assigned to the City Executive Association at Salary Grade 1 ($29,982. - $36,544.), and be it further RESOLVED, That Kenneth Harding (who is currently the Acting Director of Water & Sewer Operations) be provisionally appointed to the position of Supervisor of Water & Sewer Operations at an annual salary of $34,017., effective October 15, 1991. Carried Unanimously * 15.7 Planninq Department Request to Increase Authorization and Amend Design Contract for GIAC Renovation Capital Project #248 By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the GIAC Renovation Project has been established at a maximum estimated cost of $25,000. for the project Design services only, and WHEREAS, the City has designed a proposed project for renovating GIAC, and WHEREAS, the Planning Department has recommended that the GIAC Renovation Project be increased to reflect the total reconstruction and other related costs, and 0 27 November 6, 1991 WHEREAS, the Planning Department has recommended that the GIAC Renovation Project Design contract be amended to reflect the increased cost of completing said design; now, therefore, be it RESOLVED, That Capital Project #248 GIAC Renovations be increased by $540,100. to a maximum project cost of $565,100., to reflect the additional design costs as well as the reconstruction and other related project costs, (as outlined on attached Schedule A), and be it further RESOLVED, That the Planning Department be authorized to amend the Design Contract with Sear Brown Architects for the provision of Architect Design Services at a cost not to exceed $46,235., which shall be paid from the Capital Project fund established for this purpose, and be it further Carried Unanimously * 15.8 Finance Department - Controller - Amendments to 1991 Budget Substitute Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City Controller has reviewed the 1991 Budget in response to notification received by New York State that significant reductions in 1991 -92 New York State Revenue sharing allocations have occurred, and significant over expenditures and short -falls in key expenditures and revenue accounts to the City's 1991 Budget have occurred, and WHEREAS, significant over expenditures and short -falls in key (4000, expenditure and revenue accounts to the City's 1991 Budget have occurred due to the influence of a weak economy; now, therefore, be it RESOLVED, That the following targeted budget adjustments be established as a means of off - setting reductions in revenues and increases in expenditures in the 1991 Budget: 7 RESOLVED, That the financing of for such increase in authorization t-- be derived from the issuance of Bonds. N SCHEDULE "A" W GIAC Renovations Construction and Design Costs as follows: C Elevator $114,440 G Code Related Basement Work 28,260 First Floor Restrooms 8,000 First Floor Code Related Work 18,100 Second Floor Restrooms 8,000 Second Floor Code Related Work 7,330 Roof Replacement 81,825 Alarm System 18,750 Lighting and Power 18,500 Ventilation Improvements 58,400 Temperature Controls 21,700 Sprinkler System 89,000 Construction Bond Financing Fees 5,000 Architecture /Engineering Fees 46,235 City Project Development Staff 5,000 Construction Clerk P/T 15,000 Construction Testing 3,000 Contingency 18,560 Total Project Cost $565,100 Carried Unanimously * 15.8 Finance Department - Controller - Amendments to 1991 Budget Substitute Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City Controller has reviewed the 1991 Budget in response to notification received by New York State that significant reductions in 1991 -92 New York State Revenue sharing allocations have occurred, and significant over expenditures and short -falls in key expenditures and revenue accounts to the City's 1991 Budget have occurred, and WHEREAS, significant over expenditures and short -falls in key (4000, expenditure and revenue accounts to the City's 1991 Budget have occurred due to the influence of a weak economy; now, therefore, be it RESOLVED, That the following targeted budget adjustments be established as a means of off - setting reductions in revenues and increases in expenditures in the 1991 Budget: 7 1991 AMENDED GENERAL FUND BUDGET PROJECTED OVER EXPENDITURES: Health Insurance Social Security Tax Day Care Program Police Overtime Unemployment Insurance Subtotal Projected Expenditures 1991 ESTIMATED REVENUES PROJECTED REVENUE SHORT - FALLS: Net Loss - Real Property Tax Roll Net State Aid Per Capita Mortgage Tax State Aid Youth State Aid Other Safety Inspections/ Building Permits Parking Lots & Ramps Bus Operation Parks & Rec. Net Trash Sticker Fees Youth Services Other Gov. Projected Sales Tax Over Budget Net Increase Other Revenues Sub -Total Projected Revenues TOTAL NEGATIVE RESULTS OF OPERATIONS: [Expenditures (over) Revenues] FUND BALANCE APPROPRIATED IN 1991 BUDGET 260,000 10,000 22,000 40,000 20,000 ( 8,169) (700,121) (130,000) ( 56,433) ( 27,362) (104,400) ( 77,600) ( 26,500) ( 37,900) ( 31,000) ( 43,000) NET PROJECTED 1991 (SHORT -FALL) BEFORE ADJUSTMENTS PROJECTED 1991 SHORT -FALL: and be it further 140,000 169,559 November 6, 1991 $23,781,728.00 352,000 24,133,728 $22,658,519 ( 932,926) 21,725,593 ( 2,408,135) 1,000,647 (1,407,488) (1,407,488) RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: 1. Net Saving Projected from Open Positions (After Retirement Pay -Outs) 336,400 2. Adjustments to Gas & Oil Accounts as a result of lower than projected post Gulf War Oil Prices 55,000 3. Refinancing of various Bond Anticipation Notes resulting in lower 1991 Principal Payments 173,285 D 29 November 6, 1991 4. Use of Consolidated Highway Improvement Program (CHIPS) moneys to fund portion of 1991 Street Repaving Program 100,000 5. General Fund Reimbursed by Capital Project for Curb Replacement 37,900 6. Bridge Reconstruction paid from Capital Reserve tt4 for Bridges 30,000 7. Liquidate 1990 and 1991 Encumbrances: A. Planning Dept. Contractual Services 30,000 B. Commons Improvements (to be financed by Bonds) 40,000 T C. State Employee Retirement Program, N 1990 Appropriation (would have been �y used to reduce long -term obligation) 172,969 D. Police and Fire Retirement Program, C 1990 Appropriation (would have been .G used to reduce long -term obligation) 139,478 8. Balance of the supposed savings on 1991 Retirement used by State to justify in Part, the 1991 Reduction in State Aid 208,206 9. Unexpended DPW Street and Road Construction Appropriations 24,250 (Wool (reviewed with DPW) 10. Unexpended Fire Dept. Appropriations 60,000 From A3410 -415 Clothing 1,407,488 Council member Booth explained the change occurs in Item 10. $60,000 is deleted from the Fire Department clothing account. This changes a previous $84,250 item in DPW Road Contruction to $24,250. A vote on the Substitute Resolution resulted as follows: Carried Unanimously * 15.9 Authorization for Budget Transfers By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the City Controller be empowered to make transfers within the 1991 Budget appropriations as needed, for the remainder of the 1991 fiscal year. Carried Unanimously * 15.10 Audit By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the bills presented, as listed on Audit Abstract (600., gnii991 in the total amount of $42,651.33., be approved for payment. Carried Unanimously * 15.11 1992 Mayor's Proposed Budget By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Mayor's proposed budget for 1992 is referred to the Budget and Administration Committee for its review and action, and be it further �i 30 November 6, 1991 RESOLVED, That in the Budget and Administration Committee's review of the proposed budget, each member of Common Council who attends one of the Committee's budget review sessions shall have an equal vote during that session, and be it further RESOLVED, That any five (5) Council members shall constitute a quorum for conducting business at any of the Committee's budget review sessions, with a majority of those present having authority to take action at that session. Carried Unanimously Recess Common Council recessed at 8:30 p.m. and reconvened at 8:45 p.m. PLANNING AND DEVELOPMENT COMMITTEE: * 16.1a Proposed Amendment of Section 30.22 Entitled `Zoning Map' (Re- zoning Southside Community Center and Adjoining Properties from R -2b to P -1) - Designation of Lead Agency By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, State Law and Section 36.6 of the City Code requires that a lead agency be established for conducting environmental reviews of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment changing the zoning classification for the Southside Center and adjoining properties from R -2b to P -1 requires review under the State Environmental Quality Review Ordinance, now, therefore, be it RESOLVED, that the Common Council does hereby declare itself lead agency for the environmental review of the proposed amendment to the Zoning Ordinance. Carried Unanimously * 16.1b Resolution of Common Council Introducing Proposed Amendment Changing the Zoning Designation from R -2b to P -1 for Southside Community Center and Certain Properties Adjoining the Center to the North and South and Providing for Public Notice and Public Hearing By Alderperson Hoffman: Seconded by Alderperson Daley RESOLVED, That Ordinance Number 91- entitled "An Ordinance Amending Section 30.22 entitled 'Zoning Map' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code" be and is hereby introduced before the Common Council of the City of Ithaca; and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York, on Wednesday, December 4, 1991, at 7:00 p.m.,and be it further RESOLVED, That the City Clerk 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. Such 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 Board of Planning and Development true and exact copies of the proposed ordinance for their reports thereon. 10 Carried Unanimously 31 November 6, 1991 The following is the Ordinance that will be presented at the December 4, 1991 Common Council meeting: RESOLUTION AMENDING ZONING ORDINANCE more particularly CHANGING ZONING DESIGNATION OF SOUTHSIDE COMMUNITY CENTER AND THREE PROPERTIES TO THE NORTH AND SOUTH OF THE CENTER FROM R -2B TO P -1 WHEREAS, the Southside Community Center, located at 305 South Plain Street, and the hereinafter described properties adjoining the Center to the north and south are presently zoned R -2b, and WHEREAS, these uses are `grandfathered' but non - conforming in the R -2b zone but permitted in the P -1 zone, and WHEREAS, the Board of the Southside Community Center has been i— consulted and is in agreement with the proposed zoning amendment: (� now, therefore be it mN RESOLVED, That the Zoning Ordinance of the City of Ithaca be amended so that the Southside Community Center and the hereinafter described properties to the north and south of the Center shall be rezoned from R -2b to P -1, and be it further RESOLVED, That Section 30.22 of the City of Ithaca Municipal Code is amended to read as follows: ORDINANCE NO. 91 - An Ordinance Amending Section 30.22 Entitled 'Zoning Map' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code. (600.1 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 30.22, Zoning Map, is hereby amended as follows: That the property occupied by the Southside Community Center at 305 South Plain Street as well as the properties to the north and south of said parcel, more particularly described as Assessment Parcels 71 -8 -13, 80 -5 -1, -15, and -16.2 be changed from the R -2b to P -1 use category. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication and notice as provided in Section 3.11(B) of the Ithaca City Charter. * 16.1C Proposed Amendment of Section 30.22 Entitled `Zoning Map' (Re- zoning the Southside Community Center and Certain Adjoining Properties from R -2b to P -1) - Declaration of No Significant Environmental Impact (SEAF) By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the maLLer of amending Chapter 30, Section 30.22 of the Municipal Code entitled 'Zoning Map', to change 305 South Plain Street (Southside Community Center) and certain properties adjoining to the north and south from R -2b to P -1 is currently being considered by this Common Council, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Short Environmental Assessment Form (SEAF) and 11 32 November 6, 1991 WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEAR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 iii(E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated October 24, 1991 and be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 16 1D Decision to Address Southside Community Center Zoning Deficiencies by Common Council - Consideration of Waiver By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the Southside Community Center upon authorization of the Common Council has applied to New York State for funding to improve the Southside Center building, and WHEREAS, the proposed improvement to the Southside Community Center building includes an enlargement of the overall building area, and WHEREAS, this action triggers a zoning review for the entire building, and WHEREAS, the property is currently zoned R -2b and use of the building for public recreation and as a community center are not permitted uses in the R -2b zone, and WHEREAS, a resolution has been introduced proposing that the property be rezoned from R -2b to P -1 and a public hearing has been called for regarding this resolution, which public hearing has been scheduled for December 4, 1991, and WHEREAS, the existing building and the proposed addition are not in compliance with the area requirements of either the R -2b or the P zone, and WHEREAS, the Common Council is authorized under the State common law to consider the waiver of zoning requirements for city -owned buildings, now, therefore be it RESOLVED, That, acting under the provisions of Matter of Monroe County and its progeny the Common Council does hereby resolve to consider the waiver of certain zoning requirements for the proposed addition to the Southside Community Center, by providing notification of such action to property owners within 200 feet, and by undertaking a balancing test of the impacts of said zoning waiver versus the community benefits of the proposed project. Alderperson Hoffman explained the resolution and discussion followed on the floor. 12 0 33 November 6, 1991 A vote on the resolution resulted as follows: Ayes (7) - Blanchard, Peterson, Daley, Schroeder, Cummings, Johnson, Golder Nays (3) - Booth, Romanowski, Hoffman Carried * 16.1E Southside Community Center - Waiver of Zoning Requirements By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, upon authorization of the Common Council an application has been submitted to New York State for improvements to the Southside Community Center, and WHEREAS, the Common Council has reviewed the concept drawings for such improvements, and WHEREAS, the property is currently zoned R -2b and use of the i— building for public recreation and as a community center are not permitted uses in the R -2b zone, and mN WHEREAS, a resolution has been introduced proposing that the property be rezoned from R -2b to P -1 and a public hearing has been called for regarding this resolution, which public hearing has been scheduled for December 4, 1991, and WHEREAS, the existing building and the proposed addition are not in compliance with the area requirements of either the R -2b or the P zone, and WHEREAS, the existing Southside Center building and the proposed improvements do not conform with certain area requirements of either the R -2b or the P zones of the City of Ithaca's Zoning ordinance including the permitted parking and yard setback requirements, and coverage, and WHEREAS, pursuant to New York State common law as stated by the New York Court of Appeals in the case of the Matter of Monroe County and its progeny, it is the prerogative of the Common Council to determine whether to 1) strictly follow applicable zoning regulations, or 2) balance the public interest served by waiving the regulations to allow a municipal project to proceed, against the public interest served by strict compliance with local land use regulations, and WHEREAS, the Common Council has balanced the following factors with regard to the Southside Community Center improvements: 13 1. Parking a. Southside Community Center has operated at its present location since the mid- 1930s, during which period there has been either no parking whatsoever or a minimal one or two spaces serving the building; b. this lack of required parking has not caused problems in the neighborhood; c. most of the users of the Southside Community Center are neighborhood residents and youth, and, therefore, very few use cars to travel to the site; d. provision of parking at the site would require demolition and paving of the Southside playground, which fully occupies the remainder of the site; and e. the proposed addition will not add a significant parking demand for the Center. 13 November 6, 1991 2. Yard Deficiencies a. While a rear yard deficiency will be created if the property remains zoned as R -2b, there will be no rear yard deficiency if the property is rezoned to P. b. The property currently as zoned R -2b does not have a front yard deficiency. If the property is rezoned to P there will be created a front yard deficiency but this deficiency will not be exacerbated by the construction of the proposed rear addition. 3. Excessive Percent Lot Coverage a. Both the P -1 zone and the R -2b zone allow a maximum of 35% lot coverage; b. the proposed addition would result in a lot coverage of 48.45 of the lot on which the building itself is located, but only 25.7% of the entire site used by the Southside Community Center and playground; C. the entire site, comprised of four tax parcels, should be considered as a single property, in effect, since it will remain in the same use indefinitely; d. legal combination of the city -owned parcels would eliminate this non - conformity. 4. Use a. Current use of the property as a public recreation and community center is not permitted in an R -2b zone. b. The Southside Community Center has operated at its present location as a public recreation and community center since the mid -1930s with no adverse affect on the neighborhood character. C. On the contrary, the use as public recreation and community center has had great benefits to the neighborhood. d. A resolution has been introduced to this Council providing that the property be rezoned from R -2b to P, which proposal has been supported by the Southside Community Center. 5. Taken in its totality the increased non - conformity produced by this proposed addition represents a relatively minor deviation from the Zoning Ordinance area requirements. 6. The improvement of the Southside Community Center as contemplated by the proposed project would produce a substantial improvement in the quality of service that could be provided by the Southside Center to the neighborhood. 7. The neighborhood to be benefitted by the proposed project includes a high percentage of low- income, single - parent families with a high proportion of school -age children for whom the existence of this Center is an important resource; and WHEREAS, on balance, the public interest will be best served by the granting of a waiver for said deficiencies, by Common Council; now, therefore be it RESOLVED, That the Common Council hereby grants a waiver from zoning ordinance deficiencies for the proposed addition to the Southside Community Center, as said addition is currently designed. 14 l ` November 6, 1991 Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Johnson, Blanchard, Daley, Golder, Cummings, Peterson, Schroeder Nays (3) - Romanowski, Booth, Hoffman Carried * 16.2A Amendment of P -1 Zone - Designation of Lead Agency Status for Environmental Review By Alderperson Hoffman: Seconded by Alderperson Peterson WHEREAS, State Law and Section 36.6 of the City Code requires that a lead agency be established for conducting environmental reviews of projects in accordance with local and state environmental law, and T" WHEREAS, State Law specifies that for actions governed by local (� environmental review, the lead agency shall be that local agency (V which has primary responsibility for approving and funding or m carrying out the action, and ZWHEREAS, the proposed amendment clarifying permitted uses allowed in the P -1 zone to include all municipal public buildings, facilities, and functions requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council does hereby declare itself lead agency for the environmental review of the proposed amendment to the Zoning Ordinance. Carried Unanimously * 16.2B Declaration of No Significant Environmental Impact (SEAF) By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the proposed amendment clarifying permitted uses allowed in the P -1 zone to include all municipal public buildings, facilities, and functions requires review under the City's Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Short Environmental Assessment Form (SEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEAR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated Oct ^ber 24; 1111 and be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further 15 36 November 6, 1991 RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 16.2C An Ordinance Amending Section 30.25 Entitled `District Regulations', Column 2 Entitled `Permitted Primary Uses' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Blanchard ORDINANCE NO. 91 - An Ordinance Amending Section 30.25 Entitled 'District Regulations', Column 2, Entitled `Permitted Primary Uses' of Chapter 30 Entitled Zoning' of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 30.25, Column 2, Permitted Primary Uses, is hereby amended to include the following: 3. All municipal public buildings, facilities and functions. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication and notice as provided in Section 3.11(B) of the Ithaca City Charter. (Published November 12, 1991). Carried Unanimously * 16.3 West State Street /Central Business District: Proposed Re- zoning Designation of Lead Agency Status for Environmental Review By Alderperson Hoffman: Seconded by Alderperson Romanowski WHEREAS, State Law and Section 36.6 of the City Code requires that a lead agency be established for conducting environmental reviews of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed rezoning of the West State Street area from B -2a to B -2c and the proposed zoning changes in the Central Business District including changing the existing zoning designations to CBD 100, CBD 85, and CBD 60, and changing the B -la zone on Court Street to B -lb, require review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council does agency for the environmental review changes. Discussion followed on the floor explaining the areas of West State Str 16 hereby declare itself lead of these proposed zoning with Alderperson Hoffman eet that would be affected. Carried Unanimously T- co cz G November 6, 1991 Comprehensive Housing Affordibility Strategy - Report Alderperson Hoffman reported that the Planning Committee looked at the CHAS that was prepared by staff and which was approved by the Urban Renewal Agency and other advisory boards. The Planning Committee did not vote on whether to recommend to Council approval of the CHAS because of the time that would have been needed to seriously address Committee Member's varying opinions. The City Attorney advised the Committee that Council approval is not necessary for submission of the report by the Mayor. Council members who wish to submit their comments may still do so through Trish Norton in the Planning Department. HUMAN SERVICES COMMITTEE: Fire Department - Report Alderperson Johnson reported that the Human Services Committee has begun reviewing the Fire Department as part of their effort to learn more about departments and be better equipped to understand departmental budgets. Cable Commission - Report Alderperson Johnson reported that the Human Services Committee has been asked to review certain items in the franchise with the Charter and Ordinance Committee. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Homeless Task Force Alderperson Blanchard reported that at a meeting today it was announced that Cornell, in cooperation with the Red Cross and the food pantries and shelters for the homeless, will be holding food drives at the Cornell /Columbia football game and the Cornell /Army basketball game. ADJOURNMENT On a motion the meeting adjourned at 9:40 p.m. ---- - - - - -- - - -- Callista F. Paolangeli City Clerk 17 v -- ------- - - - - -- Benjamin Nichols Mayor 37 22 November 6, 1991 No one appeared to address the Public Hearing. Resolution to Close Public Hearing By Alderperson Schroeder: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.25 entitled 'District Regulations', Column 2 entitled 'Permitted Primary Uses' of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL• Southside Re- zoning Mr. George Hagood, representing the Southside Neighborhood Association, spoke to Council in favor of the proposed re- zoning of the Southside Center. He also spoke about the need for more room at the Southside Center so that their programs can be expanded to more fully accommodate the children in that area of the City. Tenants' Rights Mr. Joel Harlan, 404 Lake Street, spoke to Common Council regarding tenants' rights. He urged Council to become more involved with the tenants of the City of Ithaca. Commons Capital Proms Mr. Andrew Gillis, on behalf of the Commons Advisory Board, spoke to Council regarding B &A Item 15.1 on tonight's agenda. He reported on the results of a survey of Commons merchants. These merchants are in favor of this project happening in one phase in 1992. He urged Council to support this project. Ms. Peggy Underwood, a member of the Commons Advisory Board, spoke to Council in favor of the proposed project on The Commons. Citizen Pruner Program - Report Ms. Monika Crispin and Ms. Nancy Brown gave an update on the projects that have been undertaken by the Citizen Pruner Program to date. They stated that there have been a total of 259 volunteer hours donated to the program so far this year. They feel it has been extremely succcessful and hopes that it will continue to receive support from the City. Cataract Hose Company Number 7 Mr. William Henry and Mr. George Diamond, representing Cataract Hose Company Number 7, read a statement to the Council requesting that Council support the Fire Commissioners 1992 Budget. They further requested that the City keep #7's operating as a fire station. (Statement on file in the City Clerk's Office). RESPONSE TO THE PUBLIC: Citizen Pruner Program Alderperson Romanowski thanked the persons involved in the Citizen Pruner Program for all the work that they have done on behalf of the City. Alderperson Cummings stated that the Citizen Pruner group has done an excellent job and they should be used as a role model for other groups in the City. #7 Fire Station Alderpersons Peterson and Hoffman expressed their support for the #7 Fire Station and stated that they also would like to keep it operating. 2 T NM W z 2 L Regular Meeting PRESENT:.. Mayor Nichols Alderpersons (10) - COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:00 P.M. November 6, 1991 Booth, Blanchard, Peterson, Cummings, Daley, Golder, Romanowski, Schroeder, Johnson, Hoffman OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Guttman Fire Chief - Olmstead Police Chief - McEwen Planning and Development Deputy Director Acting Building Commissioner - Eckstrom Acting Superintendent of Public Works - Personnel Administrator - Saul Youth Bureau Director - Cohen Board of Public Works-commissioner - Sieverding Gray - Reeves PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the October 2, 1991 Common Council Meeting By Alderperson Peterson: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the October 2, 1991 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Peterson requested the addition of a Substitute Resolution for Item 15.8, "Amendments to 1991 Budget ". Alderperson Peterson requested the addition of Item 15.11, "1992 Mayor's Proposed Budget ". No Council member objected. Planning and Development Committee Alderperson Hoffman requested the addition of a brief report on the Comprehensive Housing Affordability Strategy. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider an Ordinance Amending Section 30.25 Entitled `District Regulations', Column 2 Entitled `Permitted Primary Uses' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That the Public Hearing to consider an Ordinance amending Section 30.25 entitled `District Regulations', Column 2 entitled `Permitted Primary Uses' of Chapter 30 entitled Zoning' of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Hoffman explained the proposed Amendment to the Ordinance. 21 24 November 6, 1991 BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 D.P.W. Request to Increase Authorization and Establish Design Contract for Commons Improvement Capital Project #243 By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Department of Public Works has recommended that the first phase of the Commons Improvement Project be rescheduled for the Spring of 1992, and WHEREAS, the current funding authorization for the first phase of said project is not sufficient to cover all projected related costs, such as, additional design costs and in -house professional services; now, therefore, be it RESOLVED, That Capital Project #243 Commons Improvements be increased by $57,000 to a maximum projected cost of $220,780., to reflect current projects cost increases, and be it further RESOLVED, That the Mayor be authorized to execute an agreement for the provision of Architect Design services at a cost not to exceed $ , which shall be paid from the Capital Project fund established for this purpose, and be it further RESOLVED, That the financing for such increased authorization be derived from the issuance of Bonds. Discussion followed on the floor with several Alderpersons making comments. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Blanchard RESOLVED, That the following changes be made to the resolution: In the First Whereas clause, the words "the first phase of" be stricken; In the Second Whereas clause, the words "the first phase of said" be stricken, and the word "this" added before the word "project" in the second line; In the First Resolved, the figure "$57,000" and the figure "$220,780" be deleted and the figure "$276,220" and the figure "$460,000" be inserted in their place. In the Second Resolved, the figure should read "$58,00011. Discussion followed on the floor on the amendment. A vote on the Amending Resolution resulted as follows: Ayes (7) - Blanchard, Schroeder, Daley, Hoffman, Cummings, Romanowski, Johnson Nays (3) - Booth, Golder, Peterson Carried Main Motion as Amended The Main Motion as Amended shall read as follows: WHEREAS, the Department of Public Works has recommended that the Commons Improvement Project be rescheduled for the Spring of 1992, and WHEREAS, the current funding authorization for this project is not sufficient to cover all projected related costs, such as, additional design costs and in -house professional services; now, therefore, be it 4 23 November 6, 1991 REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES: Board of Fire Commissioners Mr. Jim Mayer, representing the Board of Fire Commissioners, presented a statement to Council regarding the 1992 Budget that the Board of Fire Commissioners approved at the Board's August 13, 1991 meeting. (The statement is filed in the City Clerk's Office). Mayor Nichols and Alderperson Booth invited the Board of Fire Commissioners to the B &A meeting on November 21 to discuss the Fire Department budget. Board of Public Works Commissioner Reeves reported on the following items to the Council: Pick up of Leaves - Comm. Reeves referred to an article in the newspaper regarding leaf piles being left in the streets. She read a statement from Assistant Superintendent Ferrel that clarified "r-- this article. N Street Name Change - The Board held a Public Informational meeting N at the Southside Community Center in regard to the proposed change m of the name of Cleveland Avenue to Wheat Street. The general Z consensus of residents showed a definite lack of support for the �j change. One suggestion that was made was the possible installation GG of a historical marker on the street. The Board will conclude discussion of this issue at a later date after receiving information about the historical marker and a final tally of the resident's views. Commons Renovation Project - The Board passed a resolution on October 9 which was sent to the Budget and Administration Committee with the recommendation that the City go ahead with the project at the budgeted figure of $450,000 for the entire project. The Board would like the project to be completed in a timely manner. use of DeWitt Park - The Board continues to receive requests from various groups for the use of DeWitt Park. The Presbyterian Church owns DeWitt Park and the City has a long standing agreement with the Church to maintain the park. Because of the requests and because our agreement with the Church is so old, Commissioner Reeves will be meeting with Assistant City Attorney Kennedy to formulate some guidelines for the use of the park. Representatives from the Church will be asked to join in the discussions to give their input. REPORT OF THE CITY ATTORNEY: Contract for the Transit Facility City Attorney Guttman reported that the City has received back the fully signed and notarized contract from Cornell, Gadabout and the County regarding the Transit Facility. Reapportionment Committee City Attorney Guttman reported that the Reapportionment Committee has been meeting on a regular basis. There will be a public meeting on Wednesday, November 13th to obtain public input on the reapportionment issue. (40." CitV Hall Annex - Real Estate Taxes City Attorney Guttman reported that in regard to the action that the City brought against the County Board of Assessment, the Judge has ruled that the property should be reinstated to the exempt portion of the tax rolls. The City, therefore, will not be required to pay real estate taxes on the City Hall Annex. 9 26 November 6, 1991 WHEREAS, the Chief Water Treatment Plant Operator has provided the Budget and Administration Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Chief Water Treatment Plant Operator's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That John Coggin's salary be increased by four (4$) percent to an annual salary of $19,464., effective September 3, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Water and Sewer Budget. Ayes (7) - Blanchard, Romanowski, Cummings, Peterson, Johnson, Hoffman, Schroeder Nays (3) - Daley, Golder, Booth Carried Alderperson Daley explained that his vote is not against the person but against the policy of using incentive awards during this time of budget cuts. * 15.5 Appointment of Youth Development Program Leader By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That Willete Kolu Zigbi be provisionally appointed to the position of Youth Development Program Leader at an annual salary of $16,247., that being Step 2 on the CSEA Administrative Unit Compensation Plan, effective November 7, 1991. Carried Unanimously * 15.6 D.P.W. Amendment to Personnel Roster By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Delete: One (1) Director of Water and Sewer Operations Add One (1) Supervisor of Water and Sewer Operations and be it further RESOLVED, That the position of Supervisor of Water and Sewer Operations be assigned to the City Executive Association at Salary Grade 1 ($29,982. - $36,544.), and be it further RESOLVED, That Kenneth Harding (who is currently the Acting Director of Water & Sewer Operations) be provisionally appointed to the position of Supervisor of Water & Sewer Operations at an annual salary of $34,017., effective October 15, 1991. Carried Unanimously * 15.7 Planning Department Request to Increase Authorization and Amend Design Contract for GIAC Renovation Capital Project #248 By Alderperson Booth: Seconded by Alderperson Golder WHEREAS, the GIAC Renovation Project has been established at a maximum estimated cost of $25,000. for the project Design services IJ only, and WHEREAS, the City has designed a proposed project for renovating GIAC, and WHEREAS, the Planning Department has recommended that the GIAC Renovation Project be increased to reflect the total reconstruction and other related costs, and [e 25 November 6, 1991 RESOLVED, That Capital Project #243 Commons Improvements be increased by $276,240 to a maximum projected cost of $460,000., to reflect current projects cost increases, and be it further RESOLVED, That the Mayor be authorized to execute an agreement for the provision of Architect Design services at a cost not to exceed $58,000, which shall be paid from the Capital Project fund established for this purpose, and be it further RESOLVED, That the financing for such increased authorization be derived from the issuance of Bonds. A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Schroeder, Blanchard, Johnson, Romanowski, Cummings, Daley, Peterson, Hoffman Nays (2) - Booth, Golder Carried T The project referred to is the expanded project recommended by the MN Board of Public Works as outliend in memo dated October 4, 1991. W 15.2 Appointment of Assistant Superintendent of Public Works c� By Alderperson Booth: Seconded by Alderperson Schroeder G RESOLVED, That Dennis Shimer be provisionally appointed to the position of Assistant Superintendent of Public Works (Water & Sewer) at an annual salary of $43,000 and relocation expenses not to exceed $1,500, effective October 15, 1991. Carried Unanimously * 15.3 D.P.W. Request for Employee Incentive By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Chief Water Treatment Plant Operator has recommended Water Treatment Plant Operator William Baker for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and WHEREAS, the Chief Water Treatment Plant Operator has provided the Budget and Administration Committee with substantial justification for granting this employee incentive award, and WHEREAS, the Chief Water Treatment Plant Operator's recommendation complies with procedures and guidelines outlined in the CSEA Administrative Unit Contract; now, therefore, be it RESOLVED, That William Baker's salary be increased by four (4 %) percent to an annual salary of $27,384., effective September 3, 1991, and be it further RESOLVED, That the funding for such increase shall be derived from existing funds within the 1991 Water and Sewer Budget. Ayes (7) - Johnson, Blanchard, Romanowski, Peterson, Hoffman, Cummings Nays (3) - Daley, Golder, Booth Carried (400, Alderperson Golder explained that his vote is not against the person but against the whole issue of merit pay. * 15.4 D.P.W. Request for Employee Incentive Award By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, the Chief Water Treatment Plant Operator has recommended Water Treatment Operator John Coggin for an employee incentive award pursuant to the terms of the CSEA Administrative Unit Contract, and 5 • November 6, 1991 1991 AMENDED GENERAL FUND BUDGET $23,781,728.00 PROJECTED OVER EXPENDITURES: Health Insurance 260,000 Social Security Tax 10,000 Day Care Program 22,000 Police Overtime 40,000 Unemployment Insurance 20,000 Subtotal 352,000 Projected Expenditures 24,133,728 1991 ESTIMATED REVENUES $22,658,519 PROJECTED REVENUE SHORT - FALLS: Net Loss - Real Property Tax Roll ( 8,169) Net State Aid Per Capita (700,121) Mortgage Tax (130,000) State Aid Youth ( 56,433) State Aid Other ( 27,362) Safety Inspections/ Building Permits (104,400) Parking Lots & Ramps ( 77,600) Bus Operation ( 26,500) Parks & Rec. Net ( 37,900) Trash Sticker Fees ( 31,000) Youth Services Other Gov. ( 43,000) Projected Sales Tax Over Budget 140,000 Net Increase Other Revenues 169,559 Sub -Total ( 932,926) Projected Revenues 21,725,593 TOTAL NEGATIVE RESULTS OF OPERATIONS: [Expenditures (over) Revenues] ( 2,408,135) FUND BALANCE APPROPRIATED IN 1991 BUDGET 1,000,647 NET PROJECTED 1991 (SHORT -FALL) BEFORE ADJUSTMENTS (1,407,488) PROJECTED 1991 SHORT -FALL: (1,407,488) and be it further RESOLVED, That the 1991 Budget is hereby amended to reflect those adjustments for which information is currently available: 1. Net Saving Projected from Open Positions (After Retirement Pay -Outs) 336,400 2. Adjustments to Gas & Oil Accounts as a result of lower than projected post Gulf War Oil Prices 55,000 3. Refinancing of various Bond Anticipation Notes resulting in lower 1991 Principal Payments 173,285 R J [►mil November 6, 1991 WHEREAS, the Planning Department has recommended that the GIAC the Renovation Project Design contract be completing said design; amended to reflect now, therefore, be it increased cost of RESOLVED, That Capital Project #248 GIAC project cost of Renovations be increased $565,100., to reflect the by $540,100. to a maximum design costs as well as the reconstruction and other additional related project costs, (as outlined on attached Schedule A) , and be it further RESOLVED, That the Planning Department be authorized to amend the Design Contract with Sear Brown Architects for the provision of not to exceed $46,235., which Architect Design Services at a cost be from the Capital Project fund established for this shall paid purpose, and be it further RESOLVED, That the financing of for such increase in authorization be derived from the issuance of Bonds. .r-- SCHEDULE "A" N GIAC Renovations Construction and Design Costs as follows: $114,440 c� Elevator G Code Related Basement Work 28,260 First Floor Restrooms 8,000 18,100 First Floor Code Related Work Second Floor Restrooms 8,000 7,330 Second Floor Code Related Work Roof Replacement 81,825 Alarm System 18,750 18,500 Lighting and Power 58,400 Ventilation Improvements 1C Temperature Controls 21,700 89,000 System Sprinkler Construction Bond Financing Fees 5,000 Architecture /Engineering Fees 46,235 City Project Development Staff 5,000 Construction Clerk P/T 15,000 Construction Testing 3,000 Contingency 18,560 Total Project Cost $565,100 Carried Unanimously * 15.8 Finance Department - Controller - Amendments to 1991 Budget Substitute Resolution By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City Controller has reviewed the 1991 Budget in response to notification received by New York State that significant reductions in 1991 -92 New York State Revenue sharing allocations have occurred, and significant over expenditures and short -falls in key expenditures and revenue accounts to the City's 1991 Budget have occurred, and - -- WHEREI�S, signif1�a�lt over expenditures and short -falls in key (4mv" expenditure and revenue accounts to the City's 1991 Budget have occurred due to the influence of a weak economy; now, therefore, be it RESOLVED, That the following targeted budget adjustments be established as a means of off - setting reductions in revenues and increases in expenditures in the 1991 Budget: 7 30 November 6, 1991 RESOLVED, That in the Budget and Administration Committee's review of the proposed budget, each member of Common Council who attends one of the Committee's budget review sessions shall have an equal vote during that session, and be it further RESOLVED, That any five (5) Council members shall constitute a quorum for conducting business at any of the Committee's budget review sessions, with a majority of those present having authority to take action at that session. Recess Carried Unanimously Common Council recessed at 8:30 p.m. and reconvened at 8:45 p.m. PLANNING AND DEVELOPMENT COMMITTEE: * 16.1a Proposed Amendment of Section - 30.22 Entitled `Zoning Map' (Re- zoning Southside Community Center and Adjoining Properties from R -2b to P -1) - Designation of Lead Agency By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, State Law and Section 36.6 of the City Code requires that a lead agency be established for conducting environmental reviews of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment changing the zoning classification for the Southside Center and adjoining properties from R -2b to P -1 requires review under the State Environmental Quality Review Ordinance, now, therefore, be it RESOLVED, that the Common Council does hereby declare itself lead agency for the environmental review of the proposed amendment to the Zoning Ordinance. Carried Unanimously * 16.1b Resolution of Common Council Introducing Proposed Amendment Changing the Zoning Designation from R -2b to P-1 for Southside Community Center and Certain Properties Adjoining the Center to the North and South and Providing for Public Notice and Public Hearing By Alderperson Hoffman: Seconded by Alderperson Daley RESOLVED, That Ordinance Number 91- entitled "An Ordinance Amending Section 30.22 entitled 'Zoning Map' of Chapter 30 Entitled `Zoning' of the City of Ithaca Municipal Code" be and is hereby introduced before the Common Council of the City of Ithaca; and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York, on Wednesday, December 4, 1991, at 7 :00 p.m.,and be it further RESOLVED, That the City Clerk 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. Such 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 Board of Planning and Development true and exact copies of the proposed ordinance for their reports thereon. 10 Carried Unanimously J J 29 November 6, 1991 1,407,488 Council member Booth explained the change occurs in Item 10. $60,000 is deleted from the Fire Department clothing account. This changes a previous $84,250 item in DPW Road Contruction to $24,250. A vote on the Substitute Resolution resulted as follows: Carried Unanimously * 15.9 Authorization for Budget Transfers By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the City Controller be empowered to make transfers within the 1991 Budget appropriations as needed, for the remainder of the 1991 fiscal year. Carried Unanimously * 15.10 Audit By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the bills presented, as listed on Audit Abstract qn/1991 in the total amount of $42,651.33., be approved for payment. Q0., — Carried Unanimously * 15.11 1992 Mayor's Proposed Budget By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Mayor's proposed budget for 1992 is referred to the Budget and Administration Committee for its review and action, and be it further 0 4. Use of Consolidated Highway Improvement Program (CHIPS) moneys to fund portion 100 000 of 1991 Street Repaving Program 5. General Fund Reimbursed by Capital 37,900 Project for Curb Replacement 6. Bridge Reconstruction paid from Capital Reserve 7#4T for Bridges 30,000 7. Liquidate 1990 and 1991 Encumbrances: A. Planning Dept. Contractual 30,000 Services B. Commons Improvements (to be 40 000 financed by Bonds) T C. State Employee Retirement Program, N 1990 Appropriation (would have been 172,969 used to reduce long -term obligation) �y D. Police and Fire Retirement Program, 1990 Appropriation (would have been used to reduce long -term obligation) 139,478 8. Balance of the supposed savings on 1991 Retirement used by State to justify in Part, the 1991 Reduction in State Aid 208,206 9. Unexpended DPW Street and Road Construction Appropriations 24,250 (reviewed with DPW) 10. Unexpended Fire Dept. Appropriations 60,000 From A3410 -415 Clothing 1,407,488 Council member Booth explained the change occurs in Item 10. $60,000 is deleted from the Fire Department clothing account. This changes a previous $84,250 item in DPW Road Contruction to $24,250. A vote on the Substitute Resolution resulted as follows: Carried Unanimously * 15.9 Authorization for Budget Transfers By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the City Controller be empowered to make transfers within the 1991 Budget appropriations as needed, for the remainder of the 1991 fiscal year. Carried Unanimously * 15.10 Audit By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the bills presented, as listed on Audit Abstract qn/1991 in the total amount of $42,651.33., be approved for payment. Q0., — Carried Unanimously * 15.11 1992 Mayor's Proposed Budget By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Mayor's proposed budget for 1992 is referred to the Budget and Administration Committee for its review and action, and be it further 0 32 November 6, 1991 WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEAR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 iii(E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated October 24, 1991 and be it further RESOLVED, That this Common Council as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 16.1D Decision to Address Southside Community Center Zoning Deficiencies by Common Council - Consideration of Waiver By Alderperson Hoffman: Seconded by Alderperson Schroeder WHEREAS, the Southside Community Center upon authorization of the Common Council has applied to New York State for funding to improve the Southside Center building, and WHEREAS, the proposed improvement to the Southside Community Center building includes an enlargement of the overall building area, and WHEREAS, this action triggers a zoning review for the entire building, and WHEREAS, the property is currently zoned R -2b and use of the building for public recreation and as a community center are not permitted uses in the R -2b zone, and WHEREAS, a resolution has been introduced proposing that the property be rezoned from R -2b to P -1 and a public hearing has been called for regarding this resolution, which public hearing has been scheduled for December 4, 1991, and WHEREAS, the existing building and the proposed addition are not in compliance with the area requirements of either the R -2b or the P zone, and WHEREAS, the Common Council is authorized under the State common law to consider the waiver of zoning requirements for city -owned buildings, now, therefore be it RESOLVED, That, acting under the provisions of Matter of Monroe County and its progeny the Common Council does hereby resolve to consider the waiver of certain zoning requirements for the proposed addition to the Southside Community Center, by providing notification of such action to property owners within 200 feet, and by undertaking a balancing test of the impacts of said zoning waiver versus the community benefits of the proposed project. Alderperson Hoffman explained the resolution and discussion followed on the floor. 12 J 0 31 November 6, 1991 The following is the Ordinance that will be presented at the December 4, 1991 Common Council meeting: RESOLUTION AMENDING ZONING ORDINANCE more particularly CHANGING ZONING DESIGNATION OF SOUTHSIDE COMMUNITY CENTER AND THREE PROPERTIES TO THE NORTH AND SOUTH OF THE CENTER FROM R -2B TO P -1 z WHEREAS, the Southside Community Center, located at 305 South Plain Street, and the hereinafter described properties adjoining the Center to the north and south are presently zoned R -2b, and WHEREAS, these uses are `grandfathered' but non - conforming in the R -2b zone but permitted in the P -1 zone, and WHEREAS, the Board of the Southside Community Center has been T— consulted and is in agreement with the proposed zoning amendment: (0 now, therefore be it N RESOLVED, That the Zoning Ordinance of the City of Ithaca be m amended so that the Southside Community Center and the hereinafter Zdescribed properties to the north and south of the Center shall be C rezoned from R -2b to P -1, and be it further G RESOLVED, That Section 30.22 of the City of Ithaca Municipal Code is amended to read as follows: ORDINANCE NO. 91 - An Ordinance Amending Section 30.22 Entitled 'Zoning Map' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 30.22, Zoning Map, is hereby amended as follows: That the property occupied by the Southside Community Center at 305 South Plain Street as well as the properties to the north and south of said parcel, more particularly described as Assessment Parcels 71 -8 -13, 80 -5 -1, -15, and -16.2 be changed from the R -2b to P -1 use category. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication and notice as provided in Section 3.11(B) of the Ithaca City Charter. * 16.1C Proposed Amendment of Section 30.22 Entitled `Zoning Map' (Re zoning the Southside Community Center and Certain Adjoining Properties from R -2b to P -1) - Declaration of No Significant Environmental Impact (SEAF) By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the mdLLer of amending Chapter 30, Section 30.22 of the (wow" Municipal Code entitled 'Zoning Map', to change 305 South Plain Street ( Southside Community Center) and certain properties adjoining to the north and south from R -2b to P -1 is currently being considered by this Common Council, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Short Environmental Assessment Form (SEAF) and 11 34 November 6, 1991 2. Yard Deficiencies a. While a rear yard deficiency will be created if the property remains zoned as R -2b, there will be no rear yard deficiency if the property is rezoned to P. b. The property currently as zoned R -2b does not have a front yard deficiency. If the property is rezoned to P there will be created a front yard deficiency but this deficiency will not be exacerbated by the construction of the proposed rear addition. 3. Excessive Percent Lot Coverage a. Both the P -1 zone and the R -2b zone allow a maximum of 35% lot coverage; b. the proposed addition would result in a lot coverage of 48.4% of the lot on which the building itself is located, but only 25.7% of the entire site used by the Southside Community Center and playground; C. the entire site, comprised of four tax parcels, should be considered as a single property, in effect, since it will remain in the same use indefinitely; d. legal combination of the city -owned parcels would eliminate this non - conformity. 4. Use a. Current use of the property as a public recreation and community center is not permitted in an R -2b zone. b. The Southside Community Center has operated at its present location as a public recreation and community center since the mid -1930s with no adverse affect on the neighborhood character. C. On the contrary, the use as public recreation and community center has had great benefits to the neighborhood. d. A resolution has been introduced to this Council providing that the property be rezoned from R -2b to P, which proposal has been supported by the Southside Community Center. 5. Taken in its totality the increased non - conformity produced by this proposed addition represents a relatively minor deviation from the Zoning Ordinance area requirements. 6. The improvement of the Southside Community Center as contemplated by the proposed project would produce a substantial improvement in the quality of service that could be provided by the Southside Center to the neighborhood. 7. The neighborhood to be benefitted by the proposed project includes a high percentage of low- income, single - parent families with a high proportion of school -age children for whom the existence of this Center is an important resource; and WHEREAS, on balance, the public interest will be best served by the granting of a waiver for said deficiencies, by Common Council; now, therefore be it RESOLVED, That the Common Council hereby grants a waiver from zoning ordinance deficiencies for the proposed addition to the Southside Community Center, as said addition is currently designed. 14 33 November 6, 1991 A vote on the resolution resulted as follows: Ayes (7) - Blanchard, Peterson, Daley, Schroeder, Cummings, Johnson, Golder Nays (3) - Booth, Romanowski, Hoffman Carried * 16.1E southside Community Center - Waiver of Zoning Requirements By Alderperson Hoffman: Seconded by Alderperson Daley WHEREAS, upon authorization of the Common Council an application has been submitted to New York State for improvements to the Southside Community Center, and WHEREAS, the Common Council has reviewed the concept drawings for such improvements, and WHEREAS, the property is currently zoned R -2b and use of the building for public recreation and as a community center are not permitted uses in the R -2b zone, and nN WHEREAS, a resolution has been introduced proposing that the W property be rezoned from R -2b to P -1 and a public hearing has been Z called for regarding this resolution, which public hearing has been C scheduled for December 4, 1991, and G WHEREAS, the existing building and the proposed addition are not in compliance with the area requirements of either the R -2b or the P zone, and WHEREAS, the existing Southside Center building and the proposed improvements do not conform with certain area requirements of either the R -2b or the P zones of the City of Ithaca's Zoning Ordinance including the permitted parking and yard setback requirements, and coverage, and WHEREAS, pursuant to New York State common law as stated by the New York Court of Appeals in the case of the Matter of Monroe County and its progeny, it is the prerogative of the Common Council to determine whether to 1) strictly follow applicable zoning regulations, or 2) balance the public interest served by waiving the regulations to allow a municipal project to proceed, against the public interest served by strict compliance with local land use regulations, and WHEREAS, the Common Council has balanced the following factors with regard to the Southside Community Center improvements: 1. Parking Southside Community Center has operated at its a. present location since the mid- 1930s, during which period there has been either no parking whatsoever or a minimal one or two spaces serving the building; b. this lack of required parking has not caused problems in the neighborhood; C. most of the users of the Southside Community Center are neighborhood residents and youth, and, (40,e therefore, very few use cars to travel to the site; d. provision of parking at the site would require demolition and paving of the Southside playground, which fully occupies the remainder of the site; and e. the proposed addition will not add a significant parking demand for the Center. 13 36 November 6, 1991 RESOLVED, That this resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously * 16.2C An Ordinance Amending Section 30.25 Entitled `District Regulations', Column 2 Entitled `Permitted Primary Uses' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code By Alderperson Hoffman: Seconded by Alderperson Blanchard ORDINANCE NO. 91 - An Ordinance Amending Section 30.25 Entitled 'District Regulations', Column 2, Entitled 'Permitted Primary Uses' of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. That Section 30.25, Column 2, Permitted Primary Uses, is hereby amended to include the following: 3. All municipal public buildings, facilities and functions. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication and notice as provided in Section 3.11(B) of the Ithaca City Charter. (Published November 12, 1991). Carried Unanimously * 16.3 West State Street /Central Business District: Proposed Re- zoning - Designation of Lead Agency Status for Environmental Review By Alderperson Hoffman: Seconded by Alderperson Romanowski WHEREAS, State Law and Section 36.6 of the City Code requires that a lead agency be established for conducting environmental reviews of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed rezoning of the West State Street area from B -2a to B -2c and the proposed zoning changes in the Central Business District including changing the existing zoning designations to CBD 100, CBD 85, and CBD 60, and changing the B -la zone on Court Street to B -lb, require review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council does hereby declare itself lead agency for the environmental review of these proposed zoning changes. Discussion followed on the floor with Alderperson Hoffman explaining the areas of West State Street that would be affected. Carried Unanimously 16 D I Fn 11 November 6, 1991 Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Johnson, Blanchard, Daley, Golder, Cummings, Peterson, Schroeder Nays (3) - Romanowski, Booth, Hoffman Carried * 16.2A Amendment of P -1 Zone - Designation of Lead Agency Status for Environmental Review Seconded by Alderperson Peterson By Alderperson Hoffman: WHEREAS, State Law and Section 36.6 of the City Code requires that a lead agency be established for conducting environmental reviews of projects in accordance with local and state environmental law, and T' WHEREAS, State Law specifies that for actions governed by local (-0 environmental review, the lead agency shall be that local agency N which has primary responsibility for approving and funding or co carrying out the action, and Z WHEREAS, the proposed amendment clarifying permitted uses allowed in the P -1 zone to include all municipal public buildings, facilities, and functions requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council does hereby declare itself lead agency for the environmental review of the proposed amendment to the Zoning Ordinance. Carried Unanimously * 16.2B Declaration of No Significant Environmental Impact (SEAF By Alderperson Hoffman: Seconded by Alderperson Golder WHEREAS, the proposed amendment clarifying permitted uses allowed in the P -1 zone to include all municipal public buildings, facilities, and functions requires review under the City's Environmental Quality Review Ordinance, and 15 WHEREAS, appropriate environmental review has been conducted including the preparation of the Short Environmental Assessment Form (SEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (EQR Section 36.5 (E)), and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated Octnhar 94; 1991 and be it further RESOLVED, That this Common Council as lead agency, hereby does issue not have a we determine that the proposed action at will significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further 15