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Home My WebLink AboutMN-CC-1992-09-02 299 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 :00 p.m. September 2, 1992 PRESENT: Mayor Nichols Alderpersons ( 10 ) - Booth, Blanchard, Johnson, Daley, Berg, Golder, Hoffman , Schroeder, Romanowski, Efroymson OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferilio City Attorney - Guttman Police Chief - McEwen Fire Chief - Olmstead Building Commissioner - Eckstrom �— Planning and Development Director. - Van Cort (� Planning and Development Deputy Director -- Sieverding N Commons Coordinator - Deming m Superintendent of Public Works - Gray Board of Public Works Commissioner - Reeves ZTompkins County Board of Representatives - Lerner PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES• Approval of Minutes of the_July _11 1992 .Common Council Meeting By Alderperson Hoffman : Seconded by Alderperson Efroymson RESOLVED, That the Minutes of the ;July 1 , 1992 Common Council meeting be approved as published . Carried Unanimously Approval of Minutes of the August 5, 1992 Common Council Meeting By Alderperson Hoffman : Seconded by Alderperson Romanowski RESOLVED, That the Minutes of the August 5, 1992 Common Council meeting be approved as published . Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing to Consider the Granting of___ an Area Variance and Special Use Permit to the _Itha_ca Housin�_ Authority for a Day Care Facility Addition Resolution to Open Public Hearing By Alderperson Schroeder : Seconded by Alderperson Blanchard RESOLVED, That the Public Hearing t.o consider the granting of an Area Variance and Special Use Permit to the Ithaca Housing Authority for a Day Care Faci.lit.y addition be declared open. Carried Unanimously Mr. Richard Oliver, Mr . David Speller- and Mr . Eric Lerner spoke to Council in favor of granting the variance for the day care center. Ms . Judith Rossiter, member of the Board of Zoning Appeals, explained the functions of the BZA and expressed her hope that no decision that may be made by Council tonight will be done because of any preconceived notions aboiii- what the BZA may or may not do . Mr . Martin Shapiro, Att-or.ney fo; I t.haca Housing Authority, explained to Council the reasons why the IHA came before Council rather than the BZA for grant i n(_l of t.tji_- particular area variance . 1 300 September 2 , 1992 Resolution to Close Public_ Hearing By Alderperson Blanchard: Seconded by Al.derperson Berg RESOLVED, That the Public Hearing to consider the granting of an Area Variance and Special Use Permit to the Ithaca Housing Authority for a Day Care Facility addit: i_on be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Examining Board of Plumbers Mayor Nichols announced that he has appointed Rick Albanese, 517 Hudson Street, who is a Master Licensed Plumber to the Examining Board of Plumbers . Task Force on Traffic Issues Mayor Nichols requested the approval of Council for the appointments to the Task Force oil Traffic Issues as follows : Name Address Category Joseph Daley, Chair 218 S . Albany Street P&D Committee Susan Blumenthal 305 Mitchell Street P&D Board Andrew Yale 330 Elm Street Traffic Reduction & Transit Initiatives Paul Brandford 104 Brookfield Road BPW Carl Lagoze 203 Hook Place Bicycle Advisory Council Alison Hogue 606 Utica Street D. I . I . Steve Ehrhardt 409 S . Albany Street Resident Tracy Farrell 429 W. Buffalo Street Resident Richard Entlich 320 Linn Street Resident Regina Deschere 202 S . Hill Terrace Resident John Humphries 554 Spencer Road Resident Andrew Ramage 964 E . State Street Resident Resolution By Alderperson Berg: Seconded by Alderperson Daley RESOLVED, That this Council approves the appointments -as listed above to the Task Force on Traffic Issues as requested by the Mayor. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS _BEFORE COUNCIL: Commons Project - Art Work Mrs . Rosalind Grippi questioned the process by which the City decided on a particular public work of art for permanent installation on the Commons . She stated that the City should adopt a policy for the selection and installation of permanent art that is more democratic and could involve the whole community in the process . Lead Poisoning Pamphlet Ms . Betsy Darlington, Chair of the Conservation Advisory Council, announced that a pamphlet entitled "Your Guide to Handling Lead - Based Exterior Paint" has been complet=ed and is in the process of being distributed. Brick Circle on the Commons The following persons spoke to Counr-il in support of extra funding for the brick circle on the Commons : Jean Deming Guy Gerard Jill Hartz Jim Houghton Gail Scott White Emma Lou Shiek Alderperson Daley - read a letter from Ray Lanas, Fleet National Bank Senior Vice-President, requesting Council to support extra funds for brick circle . (The letter is on file in the City Clerk' s Office ) . 2 301 September 2, 1992 Rental Housing Commission Mr. George R. Frantz, 604 Cliff Street:, read a letter to Council reiterating his opposition to dissolving the City of Ithaca Rental Housing Commission. The letter is on file in the City Clerk' s Office. Employee Recognition__ Picnic_ , T,-rash Disposal, Rental Housing Commission Mark Finkelstein, 210 Lake Street , questioned City Attorney Guttman regarding the cost of the employee ' s recognition picnic . Mr. Finkelstein stated that lie suggested at the last Budget and Administration Committee meeting that the City might consider going ' its own way on trash disposal . He asked if the City Attorney had looked into this matter. Mr. Finkelstein commented on conversations he had with Alderperson Efroymson regarding Ms . Carol Mall "-son serving on the Rental Housing Commission at the time she moved out of the City. He asked T City Attorney Guttman to explain why the City' s position has changed in this matter. N W RESPONSE TO THE PUBLIC: z Rental Housing Commission Alderperson Efroymson responded to the letter Mr . Frantz read to Council regarding the Rental Housing Commission. Employee Recognition Picnic Alderperson Booth responded to Mr . Finkelstein' s question about the cost of the Employee Recognition Picnic . He urged Council to proceed with plans for the picnic to give recognition to its employees . Flow Control Law City Attorney Guttman responded r..o Mr . Finkelstein regarding the County' s Flow Control Law. He stated that research is being done in this matter. Rental Housing Commission City Attorney Guttman, in regard to the Rental Housing Commission question raised by Mr. Finkelstein, quoted from the City Code, Section 100-2, regarding the membership of the Commission. Alderperson Romanowski stated that it is his opinion that we cannot address, let alone solve, any of our rental housing concerns without looking at both landlord and tenant points of view. REPORT OF BOARD OF REPRESENTATIVES: Mr. Eric Lerner reported on the following issues : Sales Tax Increase - The Board approved the Sales Tax increase from 7% to 8% for a period of one year starting December 1 , 1992 . County Wide Reapportionment Plan - The Board approved the County wide reapportionment plan which included apportionment of County districts in the City. The County districts in the City correspond precisely with the new Wards that were approved in the City reapportionment plan . Re-design of Solid Waste Financing The Board is continuing to move forward with the re-design of the County' s solid waste financing. This matter is still in draft_ form and it should come back to the Board early in October . County Human Rights Commission wi. l .( be having their annual Human Rights banquet on Wednesday, September 30th, at 6 : 30 p.m. , at the Ithaca High School . 3 302 September 2 , 1992 Mr. Lerner answered questions from Council members regarding the solid waste budget for 1993 . REPORT OF CITY BOARDS, COMMISSIONS, _AND COMMITTEES: Board of Public Works Commissioner Reeves reported to Council on the following items : Traffic Issues - On August 12th the Board passed a resolution extending for an additional 75 days the one-way traffic pattern on Spencer Road. Reconstruction of the Spencer Street:, Spencer Road, and Albany Street intersection and the old Elmira Road Route 13 intersection are under consideration by the Capital Projects Review Committee . Changes in loading zone and parking near the Beverly Martin School have been instituted. Brick Circle on the Commons After an in depth explanation of financial aspects of the Commons project , the Board of Public Works passed a resolution accepting the change to do the brick circle on the Commons . Commons Circuit Breaker Box - The Board accepted the recommendation of the Advisory Commission for Art and Design for Public Spaces relating to the circuit breaker.- box and $3, 500 has been allocated from the capital project for re--design of the doors . REPORT OF CITY CLERK: Changes in Polling Locations_ for the September Primary and the General Election in November City Clerk Paolangeli reported 1- hat due to the GIAC reconstruction project, the following changes in location have been made for the September Primary and November. General Election: Ward l - 4th District - Bangs Ambulance Service, 626 W. State Street Ward 2 - lst District - Mental Health Facility, 201 E . Green Street Ward 2 - 5th District - Mental Health Facility, 201 E . Green Street The Board of Elections will be notifying all voters in these districts of these changes . PLANNING AND DEVELOPMENT COMMITTEE: * 15.5a Area Variance and Special Use Permit for Ithaca Housing Authority Day Care Center -_Designation_ of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, State Law and Section 176 . 6 of the City Code requires that a lead agency be established for conducting environmental reviews of proj.ects _ 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 Common Council will consider issuing an Area Variance and Special Use Permit to the Tthaca Housing Authority which will allow the construction of a 560 sq . ft . addition to an existing building located at 410 South Plain Street to house a day care facility, and this consideration requi-res review under the City' s Environmental Quality Review Ordinance; now, therefore, be it 4 303 September 2, 1992 RESOLVED, that the Common Council does Hereby declare itself lead agency for the environmental review of granting this Area Variance and Special Use Permit . Ayes ( 9 ) - Schroeder, Blanchard, Efroymson, Daley, Berg, Johnson, Golder, Hoffman, Romanowski Nay ( 1 ) - Booth Carried * 15 . 5b Area Variance and --Special Use Permit for Ithaca Housing Authority Day Care Center - Declaration-.0f No Significant Environmental Impact By Alderperson Schroeder : Seconded by Alderperson Blanchard WHEREAS, the Common Council is considering issuing an Area Variance and Special Use Permit to allow the Ithaca Housing Authority to build a 560 sq. ft. addition to an exist i ng building located at 410 South Plain Street which will house a day care facility, and T WHEREAS, appropriate environmental review of the granting of such (� an Area Variance and a Special [Ise Permit has been conducted, MN and W WHEREAS, the proposed action i_s an "unlisted" action under the z State Environmental Quality Review Act and is a Type I action under C the City Environmental Quality Review Ordinance, and G 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 Env.i.ronmental Assessment Form dated August 21 , 1992 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, t-ogether with the attachment, in the City Clerk' s Office and forward the same to any other parties as required by law. Carried Unanimously * 15. 5c Granting of Area Variance and Special Use Permit to the Ithaca Housing Authority for a._Day Care Facility Addition By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, the Ithaca Housing Authority ( IHA) has received a grant from the United States Department: of Housing and Urban Development to fund the construction of a day care facility, and WHEREAS, the day care facility is to be constructed as an addition to the Community Center at IHA ' s South Plain Street property, and WHEREAS, day care is only allowed in this residential zone by Special Permit issued by the Board of Zoning Appeals after an appellant has met the requirements of Section 325-9 of the City' s Zoning Ordinance, and WHEREAS, the development of a day care facility will create an on site parking deficiency for which a variance can be considered by the Board of Zoning Appeals , and 5 304 September 2 , 1992 WHEREAS, in 1965 the City and IHA entered into a Cooperation Agreement which, among other t:h_ings, stated that the City will modify its Zoning Ordinance as necessary to facilitate projects sponsored by the IHA, and WHEREAS, the IHA has requested that: the Common Council take appropriate action to allow the const.r. uction of the proposed day care facility pursuant to the Cooperation Agreement,Agreement, and WHEREAS, there exist special and unique circumstances relative to this parking deficiency in that; most of the children served by this facility and most of the staff requ_i_ied to operate this facility will either already live there or already work there, therefore, not creating a significant new parking demand, and WHEREAS, IHA has notified al.]_ propert:.y owners within 200 feet of this proposed day care facility of Common Council ' s intent to consider its request at the Council ' s September 2 , 1992 meeting and their opportunity to speak to this proposal at that meeting; now, therefore, be it RESOLVED, that the Common Council grant an area variance for the on-site parking deficiency and grant a Special Use Permit for a day care facility to the Ithaca Housing Authority which will allow it to expand the existing community cent=er at Southview Apartments located at 410 South Plain Street for this use. Extensive discussion followed on the floor with Ithaca Housing Authority Attorney Shapiro and City Attorney Guttman answering questions from Council members . Several members expressed the view that granting the area variance will be a consequence of the special relations between the City and IHA and should not be interpreted as a lack of confidence in the Board of Zoning Appeals . A vote on the resolution resulted as follows : Ayes ( 6 ) - Schroeder, Blanchard, Daley, Efroymson, Golder, Johnson Nays (4 ) - Romanowski, Berg, Hoffman, Booth Carried Alderperson Romanowski requested that t:.he Planning and Development Committee look into zoning in t:.his area . Recess Common Council recessed at 8 : 55 p.m . and reconvened in regular session at 9 : 05 p.m. NEW BUSINESS• * 22 . 1 Appeal of Ithaca Landmarks Preservation Commission Alderperson Schroeder explained the ground rules for the appeal that is before Council . Mr . and Mrs . Timothy Terpening spoke 1.o Council outlining why they are appearing before Council to appeal the Ithaca Landmarks Preservation Commission decision regarding the replacement of the roof on their house at 118 Eddy Street which is in the East Hill Local Historic District in the City . Ms . Martha Preston, Chair of the Ithaca Landmarks Preservation Commission, responded to Mr . and Mr's . Terpening and explained the ILPC' s decision . Questions from Council members followed and rebuttals by Mr. Terpening and Ms . Preston took place . 6 305 September 2, 1992 City Attorney Guttman offered iufor-mation f.or Council members to consider and further discussion followed on the floor. Motion to Deny Appeal By Alderperson Booth : Seconded by Alderperson Efroymson WHEREAS, Timothy T. Terpening and Jennifer C. Terpening, hereinafter referred to as "Terpening" has appealed to Common Council in the City of Ithaca from a decision of the Ithaca Landmarks Preservation Commission dated May 14, 1992 granting a Certificate of Appropriateness which authorized Terpening to replace asbestos composition shingles on the residence at 118 Eddy Street, Ithaca, New York in the East Hill local historic district with tab-styled fiberglass shingles with the condition that the color of the replacement shingles be within a certain range of brown tones, and WHEREAS, both Terpening and the Ithaca Landmarks Preservation Commission, hereinafter referred to as " ILPC" have had an .r opportunity to present their positions to the Common Council NOW THEREFORE, after due deliberation Common Council of the City of N Ithaca makes the following findings of fact and determinations : m z FINDINGS OF FACT G 1 . The Terpening' s applied for a building permit for their property at 118 Eddy Street, Ithaca, New York to replace asbestos composition shingles with tab-styled fiberglass shingles . 2 . The property at 118 Eddy Street is within the East Hill Local Historic District . 3 . The permit application was properly referred to the ILPC to consider the issuance of a Certificate of Appropriateness since the proposed plans involved material change of appearance of a structure within the Historic Diistrict-. as provided in Section 228- 4 (E) of the City of Ithaca Munir.i.pal Code . 4 . Section 228-5 (D) of the City of Ithaca Municipal Code provides that the Commission shall meet: within fourteen ( 14 ) days after notification by the Building Comm.is�sioner of the filing of the application for the alteration permit., unless otherwise mutually agreed upon by the applicant and the Conimisslon . 5 . Terpening' s application was dated April 9 , 1992 . 6 . The application was scheduled for the Commission's next regular meeting which was held on May 14 , 1992 . 7 . Terpening was advised that 1-.lte Commission would consider the matter at their May 14 , 1992 meeting. 8 . Terpening neither consented to not objected to the scheduling. 9 . The Commission met on May l4 , 19921 at which time it considered the application . Neither Mr . nor Mrs . Terpening nor any representative of Mr . or Mrs . Terpening appeared at that time. 10 . The Commission determined that: the asbestos composition shingles probably dated from the period of the 1910s or 1920s and that given the style and date of 1-he property the original shingles would have been wood . The Commission further noted that asbestos shingles had been replaced by asphalt. shi-ngles on the roof ' s north slope. 7 306 September 2 , 1992 11 . The Commission discussed the applicant ' s choice of the color white and speculated, in the absence of the applicant or any representative of the applicant, that the color white was selected either for its reflective quality or to approximate the color of the shingles on the north slope . 12 . The Commission further discussed the architectural and historic features of the house and noted that the residence exhibited a great deal of architectural character . 13 . The Commission further rioted that the selection of a color more visually similar to wood slii.ngles would not involve any cost difference. 14 . The Commission voted and determined that the color brown would be most visually similar to what would have been the original roofing material . The Commission approved the change to fiberglass shingles with the condition that the color be within a range of brown tones . 15 . The Commission, pursuant to Section 228-5, stated its reasons approving the Certificate of Appropriateness with such stipulations and transmitted a record of such action and the reasons therefor to the Building Commissioner and to the applicant. 16 . That the Commission is composed of seven members of whom four have expertise in architecture, city planning and/or conservation; three of them represent cultural interests; and three of whom represent business interests . DETERMINATIONS 1 . That while the Commission did not meet within the fourteen day period specified under Section 228-5 ( D) it did within the forty- five day required period under Section 228-5 (G) of the City of Ithaca Municipal Code . 2 . That the Commission is properly constituted as required by the City of Ithaca Municipal Code . 3 . That the Commission duly considered the application by the Terpenings . y 4 . That the decision of the Commission was not outside the scope of their authority and was not arbitrary or capricious . NOW, THEREFORE, BE IT RESOLVED, That t_he Common Council of the City of Ithaca- does hereby affirm and uphold the decision of the Ithaca Landmarks Preservation Commission and does hereby deny the appeal of Timothy T. Terpening and Jennifer C. Terpening. Discussion followed on the floor with City Attorney Guttman answering questions from Council members . A vote on the resolution to deny the appeal resulted as follows : Ayes ( 6 ) - Booth, Efroymson , ,Johnson, Schroeder, Hoffman, Berg Nays ( 3 , - Golder, Romanowski , Blanchard Abstention ( 1 ) - Daley ( currently has an appeal before the Ithaca Landmarks Preservation Commission) Carried 8 307 September 2 , 1992 Alderperson Booth stated for the record that he works for the College that owns the Heller House located in this Historic District but he has always voted on issues that relate to Cornell because he does not sit on Council as a Cornell representative. He stated that no one from Cornell has ever- spoken to him about this issue and he thinks it is entirely appropriate that he vote as an Alderperson on this matter . * 22 .2 Modification of the Commons_ _Improvement Project By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That expenditures related to the so-called brick circle in the Commons Improvement Project are hereby removed from said project. ' Alderperson Schroeder explained to the public the design of the brick circle and related figures for the four Commons Improvement Projects . T Substitute Resolution By Alderperson Berg: Seconded by Alderperson Blanchard N RESOLVED, That Common Council reaffirm its commitment to proceeding m with the following components of the Commons Improvement Project :, Z 1 ) Brick Circle at center of Commons 2 ) Drinking fountain modif i_cat. ions 3 ) Repairs to steps 4 ) Bus Shelter repairs at a cost not to exceed $62 , 986 . 00 . , and be it further RESOLVED, That $8, 000 . 00 of the $30, 169 . 65 approved by Common Council at its meeting of March 4 , 1992 to implement recommendations of the Downtown Vision Task Force be designated to be used as part of the cost of the above :improvements . Extensive discussion followed on the floor with Council members arguing the pros and cons of the proposed brick circle . Mayor Nichols, for the record, stated that he supports the brick circle project. Alderperson Daley moved to amend the second Resolved to read $6, 900 . 00 instead of $8, 000 . 00 . No Alderperson seconded his amendment. Motion to Accept Substitute Resolution Offered by Alderperson Berg A vote to accept the substitute resolution resulted as follows : Ayes ( 6) - Blanchard, Romanowski , Johnson, Schroeder, Berg, Mayor Nichols Nays ( 5 ) - Daley, Efroymson , Hoffman, Golder, Booth Carried Substitute Resolution A vote on the substitute resolution for- the modification of the Commons Project resulted as follows : Ayes ( 6 ) - Blanchard, Schroeder, Romanowski, Daley, Johnson, Berg Nays (4 ) - Hoffman, Golder, Efroymson, Booth Carried 9 308 September 2 , 1992 PLANNING AND DEVELOPMENT COMMITTEE: * 15. 1 Acceptance and Approval of the Inlet Island Land Use Plan Proposed in the Report of the I_n_let Is1_and Land Use Committee By Alderperson Schroeder : Seconded by Alderperson Daley WHEREAS, the Report of the Inlet: Island Land Use Committee, dated February 12 , 1992 on Page 1 , proposes a specific Inlet Island Land Use Plan, and WHEREAS, the Inlet Island Land Use Committee created this Report and Plan over a period of seventeen months with representation from local business owners and residents , the Planning and Development Board, the Conservation Advisory Council , the Interim Parks commission, the Board of Public Works and Common Council, and WHEREAS, the Board of Public Works , t.lre Parks Commission, and the Conservation Advisory Council have reviewed the Report and the Plan, and WHEREAS, copies of the Report have been submitted to the N. Y. S . Office of State Parks, Recreation and Historic Preservation and the N. Y. S . Department of Transportation , and WHEREAS, the Plan includes modifications to the planning concepts for Inlet Island as outlined in previous planning documents including the 1970 General Plan , and WHEREAS, the issue of appropriate substitute park land (to replace current park land to be alienated and converted under the Plan) will be subject to further discussion and modification, and WHEREAS, the appropriate environmental. review of the Plan has been completed and has resulted in a Finding of No Significant Impact, and WHEREAS the Planning and Development Board on July 28, 1992 approved and adopted the Inlet Tsland Land Use Plan as an amendment to the 1970 General Plan and as a park of the City' s Comprehensive Plan; now, therefore, be it RESOLVED, That the Inlet Island Land Use Plan presented in the Report of the Inlet Island Land Use Committee is hereby accepted and approved by the Common Council as the general guide for the future development of Inlet Island north of- Buffalo Street and shall be deemed a part of the City ' s Comprehensive Plan. Carried Unanimously Alderperson Blanchard stated that soon there will be a press release announcing that the Inlet Island Land Use Plan has been selected as one of the top two general planning projects in New York State by the American Planning Association and will be receiving an award at the Upstate Conference next week. Alderperson Daley thanked Alderperson Schroeder cn behalf of Common Council for all the hard work he has put into this plan. * 15.2 Recommendations to State Agencies in Accordance with the Report of the Inlet Island Land Use Committee By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, the Inlet Island Land Use Plan contained in the Report of the Inlet Island Land Use Committee was approved and adopted by the Planning and Development Board on July 28, 1992 and approved and accepted by Common Council on September 2 , 1992 as the general guide for future development of Inlet: Island, and WHEREAS, in furtherance of this Plan, t-he Report suggests Council "formally recommend" a number of actions to the New York State Department of Transportation and the New York State Department of Environmental Conservation, and 10 309 September 2, 1992 WHEREAS, decisions and choices made by the Department of Transportation during the impending final design phase of its Route 96 project will have a significant impact on the Island, and WHEREAS, the Department of Environmental Conservation owns two waterfront parcels on the Island ' s west edge and administers an easement for flood control purposes that extends continuously along the Flood Control Channel ' s east and west banks, and WHEREAS, the City wishes to cooperate with the State to enhance publicly and privately held portions of the Island and to implement certain aspects of the Inlet Island band Use Plan; now, therefore, be it RESOLVED, That Common Council requests the New York State Department of Transportation to : ( 1 ) Coordinate its final Route 96 project design with T relevant aspects of the Inlet island Land Use Plan . Sidewalk connections and plantings on project rights-of-way will be of coparticular importance . (2 ) Provide a pedestrian underpass on the east side of the Z Flood Control Channel beneath the new Route 89 bridge. The City regards this proposed underpass as crucial to its plan to provide a public greenway corridor along the Island' s west edge and to encourage private development on the Island. ( 3 ) Provide sidewalks on both sides of both the new Buffalo Street Route 96 bridge and the new Route 89 bridge, and consider providing bridge lighting to increase pedestrian and driver safety. Preliminary design drawings depict sidewalks on only one side of each new bridge . (4 ) Accommodate bicyclists on both new bridges through separate bike lanes, if possible or through widened traffic lanes if separate bike lanes are not possible . The new Route 89 bridge, in particular, will likely become the preferred "shortcut" for bicyclists traveling between downtown and Cass Park. (5 ) Allow the City formal input.. into the design process for the two new bridges, to ensure that they are outwardly attractive and that they offer pleasing and unobstructed views to motorists and pedestrians passing over them. ( 6 ) Provide as much sidewalk width as possible in front of the commercial buildings near Buffalo Street and Taughannock Boulevard' s intersection, to buffer pedestrians and stores from traffic and to provide an attractive "entry" from Buffalo Street onto the Island. Preliminary design drawings show the roads impinging quite close to these buildings . ( 7 ) Ensure preservation of the pyramidally-roofed Brindley Park water fountain . An earthen ramp leading to the new Route 96 bridge - and hence construction activity- will occur very close to the fountain . Built i_n the late 1920s, this fountain is the last physical remnant of a community center complex that was demolished during Flood Control Channel construction; and be it further RESOLVED, That Common Council requests the New York State Department of Environmental. Conservation to take effective measures to stabilize the Flood Control Channel ' s east and west banks, which have been suffering severe erosion over the past twenty years. Up to eight feet of the west edge of t-he island has been lost to erosion since the original digging of the Channel . The Permanent Flood Control Channel Easement ( administered by the D.E .C. ) grants 11 310 September 2 , 1992 to the easement owner the right; to "Protect the bank of improved creek and/or walls . . . by any method deeined necessary . . . " ; and, be it further RESOLVED, That the Mayor shall forward copies of this resolution to appropriate officials of these t.wo State agencies . Carried Unanimously Revision of N.Y.S. D.o.T' s_Proposed Route 96 Project Park Takings on Inlet Island - Report Alderperson Schroeder reported (..hat t.here has been some change to the park lands that the State is going t.o take as part of the Route 96 project. He handed out a map for Council ' s purusal and explained the proposed changes . * 15.4a Ordinance Amending _Chapter 176__Entitled "Environmental Quality Review" - Designation of Lead.__ Agency Status for Environmental Review By Alderperson Schroeder : Seconded by Alderperson Booth WHEREAS, State Law and Section 176 . 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 to Chapter 176 . 6 entitled "Environmental Quality Review" changing the wording of the ordinance to read . . . "The fact that an action or project has been listed as a Type I action carries with it the presumption that it is likely, to have a significant effect. on the environment and may require an EIS" . . . 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 ordinance amendment as described above . Carried Unanimously * 15.4b Ordinance Amending_Ch4pter 176 Entitled "Environmental Quality Review" - Declaration of No Significant Environmental Impact By Alderperson Schroeder : Seconded by Alderperson Booth WHEREAS, . the proposed amendment to Chapter 176 . 6 entitled "Environmental Quality Review" changing the wording of the ordinance to read . . . "The fact that an action or project has been listed as a Type I action carries with it the presumption that it is likely to have a significant effect can the environment and may require an EIS" . — requires review under the City' s Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment ; r)ow, 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 July 22 , 1992 , and be it further 12 311 September 2, 1992 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 tinder the circumstances, and be it further RESOLVED that this resolution shah 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 * 15.4c An Ordinance Amending Section 176-12A of Chapter 176 Entitled "Environmental Quality_ Review" of _the City of Ithaca Municipal Code Regarding _"Type I Actions" By Alderperson Schroeder: Seconded by Alderperson Booth r ORDINANCE NO. N AN ORDINANCE AMENDING CHAPTER 176 ENTITLED "ENVIRONMENTAL QUALITY REVIEW" OF THE CITY OF ITHACA MUNICIPAL CODE. z BE IT ORDAINED AND ENACTED by the Common Council of the City C of Ithaca, New York, as follows : G SECTION 1 . AMENDING SECTION 176--12A That Section 176-12A entitled "Type I Actions" is hereby amended as follows : A. TYPE I ACTIONS . The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than Unlisted actions . All agencies are subject to this Type I list. This Type I list is not exhaustive of those actions that an agency determines may have a significant effect on the environment and require the preparation of an EIS . The fact that an action or project has been listed as a Type I action carries with it the presumption that it is likely to have a significant effect on the environment and may require an EIS . For all individual actions which are Type I, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in Section 176 . 11 of this chapter. SECTION 2 . EFFECTIVE DATE . This Ordinance shall take effect immediately. Carried Unanimously HUMAN SERVICES COMMITTEE: Letter From White House Alderperson Johnson read the following letter signed by President George Bush dated on August 26 , 1992 : "Dear Friends : I was delighted to learn of your out=standing work on behalf of your community. Your generosity and willingness to serve others merit the highest praise and I am please to recognize you as the 871st "Daily Point of Light" . 13 312 September 2 , 1992 Since taking office as President, T have urged all Americans to make community service central k.o the.i r 1 _ives and work. Judging by your active engagement in helping others it is clear that you understand this obligation . We must not allow ourselves to be measured by the sum of our possessions or size of our bank accounts . The true measure of any individual is found in the way he or she treats others -- and the person who regards others with love, respect and charity holds a priceless treasure in his heart . With that in mind, I have often noted that, from now on in Ameri-c:a, any definition of a successful life must include serving others . Your efforts to provide a shining example of this standard . Barbara joins me in congratulating you and in sending you our warm best wishes for the future . May God bless you always . " Alderperson Johnson stated that r_his letter was addressed to the volunteers and staff of the One--to-One Program of the Ithaca Youth Bureau. Community Services Fundinq__Recommendatio_ns - Report Alderperson Johnson reported the committee reviewed the request for community service funding. The Council committee recommended $99 , 446 . The Human Services Committee recommendation for funding of 10 agencies requesting money was for $95, 831 . He stated that one of the big changes was that Co--operative Extension and the Community Gardens still had some things to resolve and they will be coming back to the Human Services Committee at the September meeting and they will be re-considered when the committee looks at the Human Services Coalition recommendations for funding. Ithaca Housing Authority - Report Alderperson Johnson reported that the Director of the Ithaca Housing Authority, Mary Louise Battisti , has resigned and is moving to North Carolina. He commended her for the work that she has done for the City of Ithaca and the Ithaca Housing Authority. Ethics - Report Alderperson Johnson reported that the committee is still working on the ethics resolution. The committee will be taking action at their September meeting and it: will then be passed on to the Charter and Ordinance Committee for its consideration. Community Police Relations - _Report Alderperson Johnson reported that the jury sub-committee has completed its work and made its recommendation but the other three committees still need more time . The committee is hoping to have most of the work done by mid-September . Incentive Zoning - Report Alderperson Johnson reported the committee has been looking at the City' s ordinance in reference to day care . Research that was done this summer by an intern in the City Attorney' s Office clearly points out that our ordinance is in conflict with the New York State Social Service Law regarding day care . This information will be passed on to the Charter and Ordinance Committee for their action. BUDGET AND ADMINISTRATION COMMITTEE: * 17 . 1 Building Department-- Request Funds for Advertising By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the 1992 Building Department Budget be amended by transferring $1 , 000 from Unrestricted Contingency to account A3620- 450 Advertising. Carried Unanimously 14 313 September 2 , 1992 * 17 .2 City Attorney - Request_ Funds. for City Employee Recognition Picnic By Alderperson Booth : Seconded by Alderperson Johnson RESOLVED, That the 1992 Personnel Department Budget be amended by transferring $500 . 00 from Unrestricted Contingency to Account A1430-440 in order to help pay for the 1992 Employee' s Recognition Picnic . Carried Unanimously * 17 . 3 City Attorney - Request Relating__ to Utilization of Sick Time for Employees Not Covered by a _Union By Alderperson Booth : Seconded by Alderperson Johnson WHEREAS, a request has been received from management level employees who are not covered by Union contract to allow these employees to donate sick time to each other in the event of prolonged illness; now, therefore, be it RESOLVED, That in the event that a management level employee is T absent from work due to prolonged illness which has exhausted that employee' s leave credits, fellow management employees may N voluntarily donate earned sick leave time to the affected employee M up to a maximum of five ( 5 ) days per donating employee per year. W Donated sick leave days shall be deducted from the earned sick z leave time of the donating employee, and be it further G RESOLVED, That this voluntary sick time exchange shall apply to employees holding the following positions : Building Commissioner, Assistant City Attorney, City Prosecutor, Superintendent of Public Works, Assistant Superintendent of Public Works for Streets and Facilities, Assistant Superintendent. of Public Works for Water and Sewer, Controller, Deputy Controller , Fire Chief, Deputy Fire Chief( s) , Personnel Administrator:, Deputy Personnel Administrator, Planning Director, Deputy Planning Director, Police Chief, Deputy Police Chief, and Youth Bureau Director . Carried Unanimously * 17 .4 DPW Request to _ Establ_ish_ Capital Project for Parking Meter Lock Box Acquisition By Alderperson Booth : Seconded by Alderperson Schroeder RESOLVED, That Capital Project #262 be hereby established for the purpose of retrofiting all of the City' s existing parking meters with locked boxes, and for the acquisition of related collection carts and sealed canisters, at an amount not to exceed $30, 000, and be it further RESOLVED, That financing for said project-, shall be derived from the issuance of Bond Anticipation Notes . Carried Unanimously * 17 . 5 DPW - Request Approval of Contract for Sale of Bricks By Alderperson Booth : Seconded by Alderperson Efroymson WHEREAS, the City Landmarks Preservation Commission has issued to the Alex Haley Memorial Fund a certificate of appropriateness for the use of historical used bricks belonging to the City to construct a small plaza at 212 Cascad.illa Street, and - WHEREAS, the proposed agreement for the purchase and use of said bricks at 212 Cascadilla Street will be in accord with established City policies; now, therefore, be it RESOLVED, That Common Council approves and authorizes the Superintendent of Public Works t.o sign an agreement between the City and the Alex Haley Memorial Fund for the sale of bricks . Carried Unanimously 15 314 September 2 , 1992 * 17 .6 DPW - Request to Establish and Appoint Transit System Supervisor By Alderperson Booth : Seconded by Alderperson Golder RESOLVED, That the Department of Publ.:ic: Works Personnel Roster be amended by adding the position of Tr_arms i t. System Supervisor, and be it further RESOLVED, That the position of Transit System Supervisor be assigned to the City Executive Association at the Grade I salary range ( $29 , 982 - $36, 544 ) , and be it further RESOLVED, That Nancy Oltz be provisionally appointed to the position of Transit System Supervisor at an annual salary of $31, 631 , effective August 6, 1992 , and be it further RESOLVED, That funds needed for said appointment be derived from existing funds within the 1992 Bus Operations Budget . Carried Unanimously * 17 .7 Finance/Controller _- Request Enactment of Local Law for 1992 Retirement Incentive Program By Alderperson Booth : Seconded by Alderperson Johnson LOCAL LAW NO. 7 OF 1992 A LOCAL LAW electing a retirement incentive program as authorized by Chapter 643, Laws of 1.992 for the eligible employees of the City of Ithaca . BE IT ENACTED by the Common. Council of the City of Ithaca, New York, as follows : Section 1. The City of Ithaca hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 643, Laws of 1992 . Section 2. The commencement date of the retirement incentive program shall be September 15 , 1992 . Section 3 . The open period during which eligible employees may retire and receive the additional ret-irement benefit, shall be 90 days in length . Section 4. The actuarial. present value of the additional retirement benefits payable pursuant: l:o the provisions of this local law shall be funded over a five year period. The amount of the annual payment in each of the five years shall be as determined by the Actuary of the New York State and Local Employees ' Retirement System, and it shall be paid by the City of Ithaca for each employee who receives the retirement benefits payable under this Local Law. Section 5. This act shall take effect immediately after filing with the Secretary of State . Carried Unanimously * 17 .8 Finance/Controller.__- Approval of City Employee Promotion Policy By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That each promotion of a City employee must be approved by either the Vacancy Committee or the Budget and Administration Committee and Common Council , in accordance with the applicable City contracts . Carried Unanimously 16 315 September 2, 1992 * 17 .9 Police Department - Request Additional Funds and SPCA Contract Extension for Raccoon Disposal By Alderperson Booth : Seconded by Alderperson Johnson RESOLVED, That the 1992 Police Depart-.ment Budget be amended by transferring $400 from Unrestricted Contingency to Account A3120- 430 Contractual Services, to fund an extension of the SPCA Raccoon contract through December 31 , 1992 . Carried Unanimously * 17 . 10 Audit By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract #16/1992 in the total amount of $28, 078 . 12 be approved for payment . Ayes ( 9 ) - Booth, Romanowski , Efroymson, Daley, Berg, Golder, Hoffman, Johnson, Schroeder Nay ( 1 ) - Blanchard Carried T NEW BUSINESS: N * 22 .3 Southside Center Renovations - Zoning Area Deficiencies M Mayor Nichols explained the need for the extension of a waiver for W the zoning area deficiencies that was granted last year to the ez Southside Center for renovations . G Discussion followed on the floor with City Attorney Guttman and Building Commissioner Eckstrom answering questions from Council members . Resolution By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That staff be directed to notify neighbors within 200 feet of the Southside Center regarding the waiver for zoning area deficiencies to be discussed at the October Council meeting so that there will be an opportunity for public comment on this issue. Carried Unanimously Cornell/City Relations Committee _- Report Mayor Nichols gave a brief report on the status of the Cornell/City Relations Committee. He stated that, the City has made several proposals to the University particularly relating to housing and their support for housing, as well as some other issues . The City has received a reply from the University asking a number of questions . The City now has a document ready to go back to them answering those questions . Mayor Nichols stated that the process is moving very slowly. EXECUTIVE SESSION: By Alderperson Berg: Seconded by Alderperson Daley RESOLVED, That Council adjourn into Executive Session at 11 : 15 p.m. to discuss the Fire Fighters contract . Carried Unanimously ADJOURNMENT: Common Council reconvened in regular session at 11 : 25, with no motion regarding the Fire Fighters contract and adjourned the meeting at 11 : 30 p.m. ZL Callista F. Paolangel Benjamin Nichols City Clerk Mayor 17