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HomeMy WebLinkAboutMN-CC-1993-01-06January 6, 1993 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. January 6, 1993 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley, Booth, Johnson, Schroeder, Golder, Hoffman, Berg OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo Deputy City Controller - Thayer City Attorney - Guttman Planning and Development Director - VanCort Fire Chief - Olmstead Police Chief - McEwen Board of Public Works Commissioner - Reeves Tompkins County Board of Representatives - Lerner Superintendent of Public Works - Gray PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: oval of the Minutes of the November 4, 1992 Common Council By Alderperson Romanowski: Seconded by Alderperson Hoffman RESOLVED, That the Minutes of the November 4, 1992 Common Council meeting be approved as published. Carried. Unanimously of the Minutes of the December 2, 1992 Common Council Meeting By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That the Minutes of the December 2, 1992 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business City Attorney Guttman requested the addition of an item under New Business to discuss Center Ithaca. No Council member objected. Budget and Administration Committee Alderperson Booth requested the addition of item 15.14, regarding changing the hours of the Personnel Administrator. Alderperson Booth requested the addition of item 15.15, regarding an extension of a police contract with the SPCA for removal of rabid animals that have been killed. No Council member objected. January 6, 1993 entitled `Zoning" of the City of Ithaca Municipal Code, regarding Group Care Residences, be declared open. Carried Unanimously Alderperson Schroeder gave an explanation of the proposed amendment regarding Group Care Residences. No one appeared to address the Council. Resolution to Close Public Hearing By Alderperson Johnson: Seconded by Alderperson Berg RESOLVED, That the Public Hearing to consider an Ordinance amending Section 325 -3.B, 325 -9.B and 325 -8 of Chapter 325 entitled Zoning' of the City of Ithaca Municipal Code, regading Group Care Residences, be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Board of Public Works Mayor Nichols requested Council approval for the re- appointment of Jill. Tripp, 114 Monroe Street, with a term to expire December 31, 1995 and the appointment of Albert Smith, 707 North Cayuga Street, with a term to expire December 31, 1995. Resolution By Alderperson Schroeder: Seconded by Alderperson Booth RESOLVED, That this Council approves the re- appointment of Jill Tripp and the appointment of Albert Smith to the Board of Public Works, with terms to expire December 31, 1995. Carried Unanimously Bicycle Advisory Council Mayor Nichols requested Council approval for the re- appointment of Bob Lautenslager, 2081/2 Utica Street, with a term to expire December 31, 1995; the re- appointment of Carl Lagoze, 203 Hook Place, with a term to expire December 31, 1995; and the appointment of David M. Nutter, 656 Five Mile Drive (to replace a resignation) with a term to expire December 31, 1995. Resolution By Alderperson Efroymson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the re- appointments of Bob Lautenslager and Carl Lagoze and the appointment of David M. Nutter, to the Bicycle Advisory Council, with terms to expire December 31, 1995. Carried Unanimously Board of Appeals on Building Code Mayor Nichols requested Council :approval for the appointment of Ed Franquemont (Contractor), 319 Mitchell Street, with a term to expire December 31, 1995, and the appointment of Charles R. Wilson (Engineer), 412 West State Street with a term to expire December 31, 1993. Resolution By Alderperson Johnson: Seconded by Alderperson Berg RESOLVED, That this Council approves the appointments to the Board of Appeals on Building Code of Ed Franquemont, with a term to expire December 31, 1995 and Charles R. Wilson, with a term to January 6, 1993 Resolution By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the re- appointments to the Board of Zoning Appeals of Kenneth Vineberg and Haralyn Kuckes, with terms to expire December 31, 1995. Carried Unanimoiusly Conservation Advisory Council Mayor Nichols requested Council approval for the following re- appointments to the Conservation Advisory Council: Betsy Darlington, 204 Fairmount Avenue, with a term to expire December 31, 1994; Paul Salon, 318 Park Place, with a term to expire December 31, 1994; John Wertis, 106 W. York Street, with a term to expire December 31, 1994; Judith W. Jones, 112 E. York Street, with a term to expire December 31, 1994. Resolution By Alderperson Berg: Seconded by Alderperson Johnson RESOLVED, That this Council approves the re- appointments to the Conservation Advisory Council of Betsey Darlington, Paul Salon, Jahn Wertis, and Judith W. Jones, with terms to expire December 31, 1994. Carried Unanimously Design Review Board Mayor Nichols requested Council approval for the re- appointment of Val Kevin Warke, 286 Midline Road, Freeville, with a term to expire December 31, 1995. Resolution By Alderperson Johnson: Seconded by Aldeperson Berg RESOLVED, That this Council approves the re- appointment of Val Kevin Warke to the Design Review Board with a term to expire December 31, 1995. Carried Unanimously Examining Board of Electricians Mayor Nichols requested Council approval of Thomas "Armis" Richardson, 306 East State Street, with a term to expire December 31, 1995. Resolution By Alderperson Berg: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Thomas "Armis" Richardson to the Examining Board of Electricians with a term to expire December 31, 1995. Carried Unanimously Ithaca. Landmarks Preservation Commission Mayor Nichols requested Council approval for the re- appointment of Martha Preston, 636 Hudson Street, with a term to expire December 31, 1993. January 6, 1993 Carried Unanimously Parks Commission Mayor Nichols requested Council approval for the re- appointments of David Fernandez, 115 Kelvin Place, Joann Cornish -Epps, 318 Washington Street, and Beverly Baker, 320 South Geneva Street to the Parks Commission with terms to expire December 31, 1995. Resolution By Alderperson Johnson: Seconded by Alderperson Berg RESOLVED, That this Council approves the re- appointments of David Fernandez, Joann Cornish -Epps, and Beverly Baker to the Parks Commission with terms to expire December 31, 1995. Carried Unanimously Community Police Board Mayor Nichols requested Council approval for the re- appointments of Sara Shenk, 816 South Meadow Street with a term to expire December 31, 1995 and Kirby Edmonds, 411 Esty Street with a term to expire December 31, 1995. Resolution By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the re- appointments of Sara Shenk and Kirby Edmonds to the Community Police Board with terms to expire December 31, 1995. Carried Unanimously Shade Tree Advisory Committee Mayor Nichols requested Council approval for the re- appointments of Marvin Adleman, 32 Cornell Street, with a term to expire December 31, 1995 and Monika Crispin, 111 Worth Street with a term to expire December 31, 1995. Resolution By Alderperson Johnson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the re- appointments of Marvin Adleman and Monika Crispin to the Shade Tree Advisory Committee with terms to expire December 31, 1995. Carried Unanimously Mayoral Appointments Mayor Nichols announced that he has made the following Mayoral appointments: City Historian -- Margaret Robbie, 966 East State Street Term expires December 31, 1994 . (re- appointment) Examining Board. of Plumbers Pick Albanese, 517 Hudson Street Term expires December 31, 1995 (re- appointment) Claude V. Colleyacme, 216 Esty Street Term expires December 31, 1995 (re- appointment) January 5, 1993 (re- appointment) Citizens' Advisory Committee to the IURA Carol Chernikoff, 418 W. Court Street (new appointment) Lillie Tucker, 318 S. Plain Street (new appointment) Planning and Development Board Susan Blumenthal, 305 Mitchell St. Term expires December 31, 1995 (re- appointment) Sarah Adams, 112 W. Marshall Street Term expires December 31, 1995 (re- appointment) Youth. Bureau Board Herbert Nelson, 502 S. Albany Street Term expires December 31, 1995 (re- appointment) Patricia Lallas, 218 Utica Street Term expires December 31, 1995 (re- appointment) David Delchamps, 410 Mitchell Street Term expires December 31, 1995 (new appointment) COMMUNICATIONS` Mayor Nichols read the following statement: "This is the fourth start of a new year that I have had the opportunity to share with you my thoughts on the state of Ithaca. While I am sure that most of you remember and cherish every word of my previous orations, there may be some who have forgotten or missed them. Let me remind you of some of what I said last year. I said then, "Our problems, like those of other cities, are compounded by national and state tax and funding policies that have unfairly transferred the bill for meeting our needs to the already overburdened local property taxpayers. At a time of rising unemployment when more people are in need and health costs are escalating, the federal and state governments are continuing to cut their support to cities. We have taken major steps to balance the city budget without an excessive increase in the property -tax rate but the prospects for the next year are even more grim. Our task is to maintain progress toward improving the quality of life in the city in a time of decreasing revenues." This year we can say that we met that challenge. Our budget is balanced and we kept the property -tax rate to 3.5 percent with no increase in fees. We have increased our support for human services. To do that we have reduced the size of our work force January 6, 1993 Bush trickle down politics that left our ground dry will be replaced by a nurturing policy that stimulates growth from well - watered soil. I said last year that "We will continue to work with the private sector to implement the recommendations of the Downtown Vision Task Force, including the rezoning of downtown to promote controlled commercial and residential development, and improving the physical quality and vitality of the Commons." We have done that- -the Commons has been renovated and planning is now in progress for a Business Improvement District- -and we will do more. We are now prepared to make a decision about the future of the Strand this year. I said last year that "We will continue to work with not -for- profit groups, Ithaca Neighborhood Housing Services, the Mutual Housing Association and the private sector to increase the stock of affordable housing." We have done that, and now the Mutual Housing Association is ready to break ground. And we will do more. I said last year that "We will continue to work with the disabled community to provide them access to wherever they wish to go." We have done that and we will do more. I said last year that "We will continue to work as part of the business- school - community partnership to provide training and jobs for the young people in our community." We have done that; the Partnership for Youth is working well. The Youth Enterprise Project has begun. And we will do more. I said last year that "We will continue to promote the use of public transit and park and ride lots." We have done that; the Joint Transit Facility is in operation and provides the basis of an integrated public transit system with Cornell, Tomtran and Gadabout. And we will do more. I said last year that "We will continue the effort to improve the relations between the police and the minority community." We have done that and we will do more. I said last year that "We will continue to include more minorities and women in all boards and commissions and City positions." We have done that and we will do more. I said last year that "I expect to proceed expeditiously with the plans for Inlet Island, Southwest Park, and the protection of the Six -Mile Creek natural areas." We have made progress on these plans. We will continue and do more. I said last year that "I expect us to work on proposals from the Rental Housing Commission to protect the rights of tenants." In spite of all the problems associated with that commission we passed the first Security Deposit legislation in the City. I expressed some hopes for progress last year that have not worked out so well. The report card is not all A's. The Day Care Council and the Drop -In Center have not yet been able to acquire the funds for a new day -care center. We have held friendly January 6, 1993 additional one - percent sales tax raised in the City rather than the one -half which we deserve. We have to press the County hard on this issue. There are still many problems in our economy. I believe that in spite of the present closing of McCurdy's on the Commons we will see a much healthier downtown by the end of the year. We are positioned to take advantage of any upturn in the economic climate. As we look forward to the coming year there is much to do. We have strong City departments. We will continue our efforts to be more efficient -- to do more with less. I expect that this will be the year in which we begin the functional and physical consolidation of the Department of Public Works, leading to more opportunity for commercial development on Meadow Street. We must prepare for that development with a plan and with proper zoning which protects adjacent residential neighborhoods. We look forward to the opening nearby of the Sciencenter. We are an urban area in all its dimensions. On the positive side our designation as a metropolitan area has led to our becoming funded as a Metropolitan Planning Organization -- the Ithaca /Tompkins County Transportation Council. We and our adjoining municipalities may now plan together for the regional transportation- -road and public transit- -needs of the future. On the negative side we suffer from the continued growth of alcohol and drug abuse, of excessive cars and traffic, of homeless and many who cannot afford decent housing., of young people who are not ready for a productive future and see no hope for one. Our problems cannot be solved alone. As with the MPO the time is long past when we should be breaking down the artificial barriers that define each local government. I was recently interviewed by an author who is writing a book about the best small cities of the United States in which he told me Ithaca will play a prominent role. He was enthusiastic about the breadth and vitality of our social and cultural life - -of the progressive nature of our programs - -of the international flavor of our people. But it was quite clear that to him and to the many thousands of our neighbors, Ithaca means more than the area defined by its City limits. The population of the metropolitan area is more than half the population of the county. Yet the County government still seems to view Ithaca as a separate enclave that is not their responsibility. In the meantime, until the inevitable change in the attitude of the national, state, and county governments we will continue to meet our commitment to make Ithaca an even better place to live for all our citizens. I pledge my best efforts to work with Common Council and all the hundreds of Ithacans who willingly contribute their time and effort in that endeavor. This year all seats on Common Council will be up for election in the new districts that have been created. It should be an exciting year. I wish all of you a happy and productive New Year." PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Expansion of Treman Park Marina Betsy Darlington Peter Rosen William Coon Gregory Butcher David Nutter Sally Grubb Eric Skawold Jay Middleson Carl David Linda Loomis Ruth Michener Susan Titus LeMoyne Farrell Linda Orkin Laura Stenzler Helen Gibson Bob Congdon Ann Thomas January 6, 1993 204 Fairmount Avenue 408 N. Cayuga Street 5132 Curry Road, Trumansburg 3 Union Street, Freeville 656 Five Mile Drive 104 Midway Road 222 Floral Avenue Town of Ithaca 939 Cayuga Heights Road, Lansing 167 Calkins Road Town of Ithaca 208 E. State Street 120 Eastwood Terrace 132 Muriel Street 147 Hunt Hill Road Town of Ithaca Troy Road Taughannock Boulevard The following persons spoke to Council with additional comments: Ralph Jones, 607 Warren Place, asked Council to consider both sides of the issue. Charles Parkin, 218 Park Place, questioned fees charged for boat launching. ACC Franchise Dispute The following persons spoke to Council regarding ACC problems and franchise transfer problems: William McCormick - 211 Schuyler Place James Blizzard - 803 Coddington Road REPORT OF BOARD OF REPRESENTATIVES: Mr. Eric Lerner, 1st District, 1st Ward Representative addressed Council on the following matters: County Organizational Meeting - The County Board of Reps had its organizational meeting for 1993 on January 5. Robert Watrous was re-elected as Chair of the Board. New Airport Terminal - The Board awarded the bids for the construction of the new airport terminal and runway complex and construction should begin soon. Solid Waste - The Board is exploring new policy directions for solid waste disposal. He will keep the Council informed as to any new policies that may be set by the Board of Representatives. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to the Council on the following matters, Consolidation Sub-committee - The Consolidation Sub-committee gave its report to the Board at the Committee of the Whole meeting today. A presentation will be forthcoming at the Common Council January 6, 1993 regard to a Use Variance that was granted by the Board of Zoning Appeals. PLANNING AND DEVELOPMENT COMMITTEE: WHEREAS,' the N. Y. S. Office of Parks, Preservation ( "State Parks ") has prepared Treman State Marine Park Draft Master Plan Impact Statement, which have the status documents ", and Park 'rperson Blanchard Recreation and Historic a Preliminary Allan H. and Draft Environmental of unofficial "working WHEREAS, State Parks has provided these documents to the Mayor and Common Council of the City of Ithaca so the City may offer input into these documents while they are still informal and easily modified, now, therefore be it RESOLVED, that, having been given an opportunity to comment on the unofficial Preliminary Draft Master Plan and Draft Environmental Impact Statement, Common Council recommends that these two documents be modified as follows, and asks that these modifications be included and evaluated as appropriate in Chapter VII, "Analysis and Alternatives ", and in Chapter IX, "Environmental Impacts ": (1)Provide a permanent, paved, gateless pedestrian /bicycle path connecting Cass Park and Allan H. Treman State Marine Park ( "Treman Marine Park ") to insure that City residents may always walk or bike to the Treman Marine Park lake front from Cass Park without charge; (2)Minimize the incursion of constructed, paved or formally developed areas into the "Festival Lands" parcel (now owned by the City); (3)Eliminate the proposed row of 64 parking spaces along the new bulkhead at the northwest edge of the marina; (4)Reduce the number of parking spaces in the proposed lot at the northeast lake front picnic area (currently, 50 parking spaces are suggested here); (5)Investigate the feasibility of retaining the sewage pump - out station in its current location, since the N.Y.S.D.o.T. is apparently planning to dredge the Flood Control Channel in the marina's vicinity; and be it further RESOLVED, that if the City decides to transfer the "Festival Lands" to State Parks (and no such commitment has been or is now being made), the deed of transfer will contain an automatic reverter clause, whereby title to the "Festival Lands" will revert to the City if State Parks increases the level of development in any portion of the Allan H. Treman Marine Park beyond that January 6, 1993 aggressively all necessary steps (including master planning, conducting environmental review, securing funding, acquiring land, etc.) preliminary to construction of the Cayuga Inlet Trail and (2) to complete construction of all three phases of this trail at the earliest feasible date. The three trail phases include the Phase I link between Treman Marine Park and Buttermilk Falls State Park; the Phase II extension to Robert H. Treman State Park; and the Phase III extension to Taughannock Falls State Park. The memorandum of understanding would augment, but not impair, the existing 1983 agreement between State Parks, the City and the Town of Ithaca concerning construction of what is now known as Phase I of the trail; and be it further RESOLVED, that State Parks investigate mechanisms by which the City would be assured, if it decided to transfer the festival lands to State Parks, that City residents arriving by car would either not be charged a fee for using the "day use " areas of Treman Marine Park or would be charged a reduced rate for using these "day use" areas (if it is determined that existing agreements do not already guarantee permanent free access for all City residents), and be it further RESOLVED, that while Common Council hopes to improve mutual understanding between the City and State Parks through this resolution, nevertheless no part of this resolution constitutes a commitment or a legally- binding agreement between the City and State Parks. Alderperson Schroeder presented information on the proposed expansion of the Treman Marine Park. Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Efroymson RESOLVED, That the fourth Resolved clause be replaced with the following: "RESOLVED, That no overall expiration date appears in the 1967 tripartite agreement ( "Joint Development Project for a National Arts and Recreational Center at Ithaca "), nor in this agreement's Clause 10 (which prohibits the City or the State from charging for parking or picnicking on their respective lands, with only strictly limited exceptions). The only clause containing an expiration date is Clause 8 (which requires the City to provide water and sewer service to Treman Marine Park for forty years without charge). Therefore, all references in the Preliminary Draft Master Plan and Draft Environmental Impact Statement to an "expiration" of the tripartite agreement, or to the possibility of changing the fee structure of the Treman Marine Park after "the year 2015" should be eliminated." Carried Unanimously Amending Resolution By Alderperson Berg: Seconded by Alderperson Efroymson RESOLVED, That in #1 under the first Resolved clause, the words "city residents" be deleted and the words "the public" be inserted and after the words "without charge ", add the wards "in January 6, 1993 '"; nor does the offer of the recommendations contained herein necessarily imply endorsement by the City of other aspects of the proposed Marina expansion and Master Plan; nor does the City waive its right to offer further substantive comments and suggestions or take other appropriate action following the public release of the actual Draft Environmental Impact Statement and Final Environmental Impact Statement and any public hearings required pursuant to that process." Discussion followed on the floor. A vote on the amending resolution resulted as follows: Carried Unanimously Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Booth RESOLVED, That the following wording be substituted for #3 and #4 of the first Resolved clause: "Eliminate all roadway and parking northeast of the current parking area, and place a paved pathway (approximately 5 feet in width) along the new slips, to allow wheelchairs, strollers, etc., access to the lake front picnic area." Discussion followed on the floor regarding this change in wording. Motion to Table By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the matter of response to preliminary Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement be tabled and sent back to the Planning and Development Committee until such time as the Office of Parks, Recreation and Historic Preservation issues a Draft Environmental Impact Statement that is available for public comment and the committee has taken a count of public sentiments regarding the EIS and the proposed project. Ayes (3) - Booth, Johnson, Golder Nays (7) - Romanowski, Blanchard, Daley, Efroymson, Schroeder, Hoffman, Berg Motion Fails Further discussion followed. on Alderperson Efroymson's amending resolution. A vote on the amending resolution resulted as follows: Ayes [7) - Booth, Efroymson, Daley, Golder, Berg, Hoffman, Johnson Nays (3) - Schroeder, Romanowski, Blanchard Motion Carried Mayor Nichols stated that he believes that one important issue in this matter is maximum possible preservation of a natural area that is Treman State Park outside the Marina itself. He stated that if we can minimize the incursion of the new slips into the Festival Lands and we have a plan which guarantees forever the January 6, 1993 Alderpersons Blanchard, Schroeder and Booth made additional comments. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the words "and easily modified" be deleted from the second Whereas clause. Ayes (8) - Booth, Hoffman, Golder, Daley, Berg, Schroeder, Efroymson, Johnson Nays (2) - Romanowski, Blanchard Motion Carried Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That in the first Resolved Clause, the words "that these two documents be modified as follows" be deleted and the words "the following changes in the proposed park site development plan" be inserted. Carried Unanimously Amending Resolution By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That a new Resolved clause be added after the final Resolved clause to read as follows: "RESOLVED, That Common Council does not hereby attempt to comment on the adequacy of this preliminary Draft Environmental Impact Statement." Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (9) - Booth, Berg, Johnson, Golder, Hoffman, Blanchard, Efroymson, Daley, Schroeder Nay (1) - Romanowski Motion Carried Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the third Resolved clause be deleted and the following be inserted: "RESOLVED, That if the City decides to transfer the 'Festival Lands' to State Parks, this transfer will occur only upon: (1) State Parks' completion of construction of all three phases of the Cayuga Inlet Trail, as well as all steps such as environmental review necessary to the completion of such construction. The three phases of this trail include the Phase I link between Treman Marine Park and Buttermilk Falls State Park, the Phase II extension to Robert H. Treman State Park, and the Phase III extension to Taughannock Falls State Park. This action should be consistent with the existing 1983 agreement among State Parks, the City and the Town of Ithaca concerning what is now known as Phase I of the trail; and (2) State Parks' payment to the City of Ithaca of full value for the 'Festival Lands. "" January 5, 1993 Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Schroeder RESOLVED, That in #5 of the first Resolved Clause, after the word "vicinity ", the words "or relocating the station to the south of the entrance to the marina" be added. Carried Unanimously Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Schroeder, Blanchard, Berg, Johnson, Daley, Hoffman, Romanowski, Efroymson Nays (2) - Booth, Golder Motion Carried The Main Motion as Amended shall read as follows: WHEREAS, THE N. Y. S. Office of Parks, Recreation and Historic Preservation ("State Parks ") has prepared a Preliminary Allan H. Treman State Marine Park Draft Master Plan and Draft Environmental Impact Statement, which have the status of unofficial "working documents ", and WHEREAS, State Parks has provided these documents to the Mayor and Common Council of the City of Ithaca, so the City may offer input into these documents while they are still informal; now, therefore be it RESOLVED, that, having been given an opportunity to comment on the unofficial Preliminary Draft Master Plan and Draft Environmental Impact Statement, Common Council recommends the following changes in the proposed park site development plan, and asks that these modifications be included and evaluated as appropriate in Chapter VII, "Analysis and Alternatives ", and in Chapter IX, "Environmental Impacts ": (1)Provide a permanent, paved, gateless pedestrian /bicycle path connecting Cass Park and Allan H. Treman State Marine Park ( "Treman Marine Park ") to insure that the public may always walk or bike to the Treman Marine Park lake front from Cass Park without charge in perpetuity; (2)Minimize the incursion of constructed, paved or formally developed areas into the "Festival Lands" parcel (now owned by the City); (3)Eliminate all roadway and parking northeast of the current parking area, and place a paved pathway (approximately 5 feet in width) along the new slips, to allow wheelchairs, strollers, etc., access to the lake front picnic area. (4)Investigate the feasibility of retaining the sewage pump - out station in its current location, since the N.Y.S.D.o.T. is apparently planning to dredge the Flood Control Channel in the marina's vicinity or relocating the station to the south of the entrance to the marina, January 6, 1993 beyond that described in the final, agreed -upon Master Plan without the prior written consent of the Common Council and the Mayor of the City of Ithaca, and be it further RESOLVED, that if the City decides to transfer the "Festival Lands" to State Parks, this transfer will occur simultaneously with the execution of a memorandum of understanding between the City and State Parks wherein State Parks agrees (1) to pursue aggressively all necessary steps (including master planning, conducting environmental review, securing funding, acquiring land, etc.) preliminary to construction of the Cayuga Inlet Trail and (2) to complete construction of all three phases of this trail at the earliest feasible date. The three trail phases include the Phase I link between Treman Marine Park and Buttermilk Falls State Park; the Phase II extension to Robert H. Treman State Park; and the Phase III extension to Taughannock Falls State Park. The memorandum of understanding would augment, but not impair, the existing 1983 agreement between State Parks, the City and the Town of Ithaca concerning construction of what is now known as Phase I of the trail; and be it further RESOLVED, That no overall expiration date appears in the 1967 tripartite agreement ( "Joint Development Project for a National Arts and Recreational Center at Ithaca "), nor in this agreement's Clause 10 (which prohibits the City or the State from charging for parking or picnicking on their respective lands, with only strictly limited exceptions). The only clause containing an expiration date is Clause 8 (which requires the City to provide water and sewer service to Treman Marine Park for forty years without charge). Therefore, all references in the Preliminary Draft Master Plan and Draft Environmental Impact Statement to an "expiration" of the tripartite agreement, or to the possibility of changing the fee structure of the Treman Marine Park after "the year 2015" should be eliminated, and be it further RESOLVED, that while Common Council hopes to improve mutual understanding between the City and State Parks through this resolution, nevertheless no part of this resolution constitutes a commitment or a legally- binding agreement between the City and State Parks; nor does the offer of the recommendations contained herein necessarily imply endorsement by the City of other aspects of the proposed Marina expansion and Master Plan; nor does the City waive its right to offer further substantive comments and suggestions or take other appropriate action following the public release of the actual Draft Environmental Impact Statement and Final Environmental Impact Statement and any public hearings required pursuant to that process, and be it further RESOLVED, That Common Council does not hereby attempt to comment on the adequacy of this preliminary Draft Environmental Impact Statement. Recess Common Council recessed at 9.45 p.m, and reconvened in regular session at 10:00 p.m. Alderperson Efroymson asked permission to add an Item to the for the year 1993, as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME City of Ithaca General Fund Employees Group Insurance Deductions City of Ithaca Payroll Fund Guaranty and Bid Deposits City Tax Sale Redemption Health Facility Agreement Deposit on Water Meters Sale of Unclaimed Property Circle Greenway Conference on College and Community Center for Expressive Arts Peter DeWysocki Memorial Fund Cemetery Fund Fire Department Recognition Banquet Commons Cultural Tourism West End Trees Gene Slater Memorial Fund Jack Kiely Scholarship Fund DeWitt Park Improvement Fund Employees N.Y.S. Withholding Tax Employees U.S. Savings Bonds Centennial Art Work Central Business District Trees N.Y.S. Policemen's and Firemen's Retirement System N.Y.S. Employees Retirement System Ithaca Centennial Inc. Capital Reserve Fund #4 - Bridges Capital Reserve Fund #11 - Parks and Recreation Areas Capital Reserve Fund #14 - Parking Areas Capital Reserve Fund Replacement Capital Reserve Fund Water Sources #15 - Fire Engine #16 - Development of Capital Reserve Fund #17 - Sewer Construction Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction Capital Reserve Fund #20 - West Hill Water and Sewer Repla Capital Reserve Capital Reserve Equipment Capital Reserve Capital Reserve Capital Reserve Capital Reserve ACCOUNT NAME cement Fund Fund Fund Fund Fund Fund January 6, 1993 ACCOUNT NUMBER 01201- 001004 08- 201 - 001004 04- 201001004 05- 201- 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201001004 05- 201 - 001004 05 -201- 001004 05- 201 - 001004 05- 201001004 05- 201 - 001004 05- 201 - 001004 05- 201 - 001004 05- 201001004 08- 201 - 001004 08- 201 - 001004 05- 201001004 05- 201001004 08- 201 - 001004 08- 201 - 001004 01- 101095437 01- 201 - 001055 01- 201 - 001055 01- 201 - 001055 030VAIJ=Q0[li.� 01 -201- 001055 01- 201 - 001055 01- 201 - 001055 01- 201 - 001055 #22 - Bus Replacement 01- 201 - 001055 #23 - Public Works 01- 201 - 001055 #24 - Energy Conservation01- 201 - 001005 #25 - Capital Improvements 01- 201001005 #26 - Land Acquisition 01- 201 - 001005 - Joint Activity Fund 01- 101 - 099762 FLEET BANK January 6, 1993 * 15.2 Designation of Official Newspaper By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That pursuant to Section C -113 of the City Charter, the Ithaca Journal be and it is, hereby designated as the official newspaper of the City of Ithaca for the year 1993. Ayes (7) - Booth, Hoffman, Golder, Johnson, Blanchard, Berg, Romanowski Nays ( 2 ) - Schroeder, Daley Abstention (1) - Efroymson Carried * 15.3 Collateral to Secure Deposits By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the Fleet Bank as reported, be approved as to form and sufficiency. Carried Unanimously * 15.4 Public Employee's Blanket Bond By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That pursuant to Section 11 of the Public Officers' Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 1993. Faithful Performance Blanket $250,000 Royal Globe Bond Coverage Insurance Co. * 15.5 Designation of Common Council Meetings By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the regular meetings of the Common Council, for the year 1993, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously * 15.6 Finance Department /Controller - Approval of 1993 Human Service and Community Service Agencies Contracts By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor be authorized to execute the following 1993 contracts with Human Service and Community Services Agencies, in accord with the adopted 1993 City budget: AIDS Work Program Community Dispute Resolution Center Day Care Council Displaced Homemakers Drop In Center EOC Friendship Center Housing Task Force HOLES - Green Street Ithaca Rape Crises Learning Web - Y.O. Literacy Volunteers Multicultural Resource Center $ 4,914 10,225 16,001 9,700 6,000 5, 612 1,524 8,350 5,512 3,425 21,761 3,225 3,000 Carri Community Arts Partnership Human Services Coalition Tompkins County Area Development Corp. S.P.C.A. Celebrations Tompkins - Cortland Labor Coalition ($2,500 in Restricted Contingency) DeWitt Historical Society Cornell Cooperative Extension Partnership for Youth Ithaca Festival January 6, 1993 10,0()0 11,296 1,5()0 38,000 799 12,600 5,000 4,000 12,500 5,0()0 Carried Unanimously * 15.7 City Attorney - Request to Purchase Property on Beech Street By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That $1,000 be transferred from Account A1990 Unrestricted Contingency to Account A1420 -435 Contracts for the purchase of property on Beech Street, and be it further RESOLVED, That the City Attorney be authorized to negotiate the purchase offer for the purchase of the property. Carried Unanimously * 15.8 1993 Contractual Coverage for Individuals Not Covered by a Union By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That management employees not covered by a formal union bargaining agreement shall be granted fringe benefits as though they were members of the City Executive Association, with the exception of longevity provisions as provided by Part III, A(6) in said contract. Carried Unanimously * 15.9a An Ordinance Amending Section 325-41(c)4 of Chapter 325 Entitled 'Zoning' of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That Ordinance No. 93 - -- entitled "An Ordinance Amending Subdivision C of Section 325 -41 of Chapter 325 Entitled 'Zoning' of the City of Ithaca Municipal Code ", regarding the procedures of the Board of Zoning Appeals, is hereby introduced before Common Council of the City of Ithaca, New York, 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 at 108 East Green Street in the City of Ithaca, New York on Wednesday, February 3, 1993, at 7:00 p.m. of that day, and be it further RESOLVED, That the City Clerk shall give notice of 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 January 6, 1993 ORDINANCE NO. 93 - ORDINANCE AMENDING SUBDIVISION C OF THE SECTION 325 -41 OF CHAPTER 325 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. AMENDING SUBDIVISION C OF SECTION 325 -41. That subdivision C (4) of Section 325 -41 is hereby amended to read as follows: "C. (4) The appellant shall, at the time of filing his/her appeal, pay to the Building Commissioner a fee of seventy -five dollars ($75) [fifteen dollars ($15.)] to help defray the cost of the required legal notice and other incidental expenses. However, the owner occupant of residential property on which are located no more than two dwelling units shall pay a fee of fifty dollars ($50), and an officer or administrative official of the City of Ithaca acting in his/her official capacity shall not be required to pay said fee." SECTION 2. EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with laws upon publication of a notice as provided in the City Charter. * 15.9c Designation of Lead Agency By Alderperson Booth: Seconded by Alderperson Berg AMENDING CHAPTER 325, SECTION 325 -41 REGARDING THE PROCEDURES OF THE BOARD OF ZONING APPEALS - DESIGNATION OF LEAD AGENCY FOR ENVIRONMENTAL REVIEW WHEREAS, State Law and Section 176 -6 of the City Code requires that a lead agency be established for conducting Environmental Review 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, a proposed ordinance amending the Zoning Ordinance regarding the Procedures of the Board of Zoning Appeals requires review under the City's Environmental Quality Review Act, 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 Municipal Code of the City of Ithaca. Carried Unanimously *15.9d Declaration of No Significant Environmental Impact By Alderperson Booth: Seconded by Alderperson Berg January 6, 1993 WHEREAS, appropriate Environmental Review has been conducted including the preparation of a Short Environmental Assessment Form, 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, 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 findings and conclusions more fully set forth in the Short Environmental Assessment Form dated December 29, 1992, and be it further RESOLVED, That this Common Council, as lead agency, does hereby 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 attachments in the City Clerk's office and forward the same to all parties as required by law. Carried Unanimously * 15.10 An Ordinance Amending Section 146 -7(c)2 of Chapter 146 Entitled 'Building Construction' of the City of Ithaca Municipal 1r,_ -j_ By Aiderperson Booth: Seconded by Alderperson Berg Ordinance No. 93 - AN ORDINANCE AMENDING SECTION 146 -7(c)2 OF CHAPTER 146 ENTITLED BUILDING CONSTRUCTION' 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 146 -7(c)2 of the City of Ithaca Municipal Code entitled "Building Permits - Permit Fees" be and the same is hereby amended to read as follows: 2(a). Permit fees shall be paid before permit review can commence according to the following schedule: Temporary Certificates of Occupancy $28.00 plus $28.00 for each hour of inspection, review or analysis Section 2. The remainder of said schedule shall remain as January 6, 1993 City Controller Cafferillo explained the purpose of the Bond Resolutions which will be voted on tonight. Alderperson Booth requested that the record show that the understanding is that these are authorizations to the City Controller, acting in conjunction with the Mayor, to act on his decision as to when these various investments and other decisions should be made. Bond Resolution #1 By Alderperson Booth: Seconded by Alderperson Johnson BOND RESOLUTION DATED JANUARY 6, 1993 A RESOLUTION AUTHORIZING THE ISSUANCE OF $164,175 SERIAL BOND OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY COSTS OF VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR SAID CITY. A Roll Call vote on Bond Resolution #1 resulted as follows: Blanchard - Aye Romanowski - Aye Daley - Aye Hoffman - Aye Berg - Aye Johnson - Aye Booth - Aye Efroymson - Aye Golder - Aye Schroeder - Aye Carried Unanimously The complete text of Bond Resolution #1 appears in the Common Council Minute Book. Bond Resolution #2 By Alderperson Booth: Seconded by Alderperson Hoffman BOND RESOLUTION DATED JANUARY 6, 1993. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,834,675 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COSTS OF VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR SAID CITY. A Roll Call vote on Bond Resolution #2 resulted as follows: Hoffman - Aye Berg - Aye Blanchard - Aye Schroeder - Aye Romanowski- Aye Daley - Aye Efroymson - Aye Johnson - Aye Booth - Aye Golder - Aye Carried Unanimously The complete text of Bond Resolution #2 appears in the Common Council Minute Book. Bond Resolution #3 By Alderperson Booth: Seconded by Alderperson Romanowski RESOLUTION DATED JANUARY 6, 1993. A RESOLUTION DELEGATING TO THE CITY CONTROLLER OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, THE POWER TO PRESCRIBE THE January 6, 1993 Romanowski- Aye Schroeder -Aye Blanchard - Aye Efroymson -Aye Carried Unanimously The complete text of Bond Resolution #3 appears in the Common Council Minute Book. Bond Resolution #4 By Alderperson Booth: Seconded by Alderperson Daley BOND RESOLUTION DATED JANUARY 6, 1993. A RESOLUTION AUTHORIZING THE ISSUANCE OF $115,650 SERIAL BOND OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY COSTS OF VARIOUS CAPITAL PROJECTS AND IMPROVEMENTS IN AND FOR SAID CITY. A roll call vote on bond Resolution #4 resulted as follows: Golder - Aye Schroeder - Aye Romanowski - Aye Hoffman - Aye Booth - Aye Efroymson - Aye Blanchard - Aye Daley - Aye Johnson - Aye Booth - Aye Carried Unanimously The complete text of Bond Resolution #4 appears in the Common Council Minute Book. * 15.13 Plannina Department - Request to Temporarily Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That based on a request initiated by the employee involved, the personnel roster of the Planning and Development Department is hereby temporarily amended by reducing the full -time position of the Environmental and Landscape Planner from 35 hours to 30 hours per week from January 1, 1993 to December 31, 1993, or as the Director of Planning and Development may determine, and be it further RESOLVED, That the Director of Planning and Development may return the position to its full time status at an earlier date should he determine that the volume of work requires that the position return to its full -time 35 hour per week status. Carried Unanimously * 15.14 Contract with SPCA for Removal of Rabid Animals By Aiderperson Booth: Seconded by Aiderperson Romanowski WHEREAS, the Police Department has recommended that the Society for the Prevention of Cruelty to Animals (SPCA) be engaged to pick up and dispose of suspected rabid raccoons and other rabid animals, when called in by Police personnel; now, therefore, be it RESOLVED, That subject to the review of the City Attorney, the Chief of Police be authorized to execute an agreement with the SPCA for 1993, at a per incident charge of $22.00, within existing 1993 budget appropriations. Carried Unanimously January 6, 1993 Carried Unanimously HUMAN SERVICES COMMITTEE: Police Community Relations Recommendations - Report Alderperson Hoffman reported on the recommendations that have been made by the Police Community Relations Committee and handed out copies of the recommendations to Council members. Discussion followed on the floor regarding the report. PLANNING AND DEVELOPMENT COMMITTEE: * 17.1a An Ordinance Amending Chapter 325 Entitled 'Zoning' of the City of Ithaca Municipal Code Regarding Group Care Residences - Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Hoffman WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and State environmental laws; 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 actions; and WHEREAS, a proposed ordinance amending the Zoning Ordinance regarding Group Care Residences requires review under the City Environmental Quality Review Act, now, therefore be it RESOLVED, that Common Council does hereby declare itself lead agency for the Environmental Review of the proposed amendment to the Municipal Code of the City of Ithaca. Carried Unanimously * 17.1b Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Hoffman WHEREAS, an amendment to the Municipal Code of the City of Ithaca Zoning Ordinance Sections 325 -3.B, 325 -9.B snf 325 -8 regarding Group Care Residences requires review under the State's and City's Environmental Quality Review Act; and WHEREAS, appropriate Environmental Review has been conducted including the preparation of a Short Environmental Assessment Form; 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; 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 January 6, 1993 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 attachments in the City Clerk's office and forward the same to all parties as required by law. Carried Unanimously * 17.6c An Ordinance Amending Sections 325 -3.B, 325 -9.1B and 325 -8 of Chapter 325 Entitled 'Zoning' of the Citv of Ithaca Municipal By Alderperson Schroeder. Seconded by Alderperson Blanchard WHEREAS, the current City zoning ordinance contains regulations concerning the location and special conditions of Group Care Residence facilities which are licensed, certified or otherwise authorized by a State health or welfare agency, and WHEREAS, there are currently State and Federal regulations regarding the siting of licensed, certified, or authorized Group Care Residences, and an opportunity for comment by the City in the selection of the location of such homes within the City, and WHEREAS, the City Attorney's Office has extensively researched the issue and has determined that the State law preempts the City's authority to regulate the location and special conditions concerning Group Care Residences except through the comment process employed by the State site selection process and recommends deletion of the City regulations to eliminate any possible confusion as to the City's rights in the matter; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. That Chapter 325 entitled "Zoning" be modified by the deletion of the definition of "Group Care Residence ", Subsection 325 --3.B Definitions. SECTION 2. That the first paragraph of Subsection 325 -9.B be amended to read as follows: "Special conditions. The Building Commissioner shall approve the following use only when the special conditions specified in this subsection have been met:" SECTION 3. That Subsection 325- 9.B(1 ), Special Conditions for Group Care Residences be deleted in its entirety, and the Subsection following be renumbered. SECTION 4. That the Districts Regulation chart authorized by Section 325 -8 be amended to delete "permitted by special conditions ... Group Care Residences ... " from Column 2 in Zones R -1, R -2, R -3, and R -U, and the remaining uses described in Column 2 of these zones be renumbered. SECTION 5. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca Citv Charter. January 6, 1993 RESOLVED, that the Common Council designate the following projects as "Nigh Priority Projects" for 1993: Traffic Issues - response to 'task Force on Traffic Issues; odd /even parking revision; back /side yard parking regulation Inlet Island - continuing implementation of the approved land use plan Southwest Park - continuing development and preparation of a land use plan Geographic Information System and Census Data Gathering and Analysis / new city Master Plan CBD Business Improvement District and Parking Benefit Assessment District Meadow Street Zoning - land use analysis, land use plan and rezoning proposal including the use of incentive zoning options These projects are to receive special and high priority attention from both Department staff and the Planning and Development Committee so that the goals, objectives and timetables which will be developed for each of these projects will be accomplished in a timely manner. Extensive discussion followed on the floor regarding the Route 96 project. Amending Resolution By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That under the Resolved clause, in the item "Traffic issues ", the following words be added to the end of the paragraph ";work on key issues pertaining to the Route 96 project." Carried Unanimously Further discussion followed on the floor regarding which items should be on the work program for the Planning Department for 1993. Amending Resolution. By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That Public Transit - planning functions pertaining to the development of coordinated public transit be added to the work program for 1993. Ayes (7) - Booth, Johnson, Hoffman, Berg, Golder, Romanowski, Efroymson Nays (3) - Blanchard, Daley, Schroeder Carried Alderperson Schroeder requested that the record reflect that his vote against the addition of public transit planning is not because he does not think the issue is an important planning topic. January 6, 1993 RESOLVED, That Housing - planning functions pertaining to provisions for low and moderate housing be added to the work program for 1993. Ayes (6) - Efroymson, Booth, Golder, Hoffman, Berg, Johnson Nays (4) - Schroeder, Daley, Romanowski, Blanchard Carried Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (7) - Schroeder, Golder, Romanowski, Efroymson, Berg, Daley, Johnson Nays (3) - Hoffman, Daley, Blanchard Carried * 17.3 Strand Theatre Final Environmental Impact Statement By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the proposed disposition of the Strand Theater is an action that requires review under the City's Environmental Quality Review Ordinance, the State Environmental Quality Review Act, and may require review under the National Environmental Policy Act, and WHEREAS, the Common Council declared itself lead agency in accordance with State Law and Section 176.5 of the Municipal Code, and WHEREAS, the Common Council has filed a positive declaration and authorized preparation of an Environmental Impact Statement (EIS), and WHEREAS, the Common Council retained the LA Group to prepare a Final Environmental Impact Statement (FEIS), which was submitted on December 16, 1992; now, therefore, be it RESOLVED, That in accordance with Chapter 176 of the Municipal Cade, the Common Council hereby determines that the Final Environmental Impact Statement is complete and directs the City Clerk to file the attached notice of completion of the FEIS and to file the FEIS in accordance with the requirement of Section 176- 10; and be it further RESOLVED, That, in accordance with the requirement of Section 176 9(A.), there will be a period set aside to afford agencies and the public time to consider the FEIS to begin January 7, 1993 and continue to noon on January 20, 1993. Carried Unanimously Status of Rental Housing Commission - Report Alderperson Schroeder reported that the Commission will be re- constituted in a few months. CHARTER AND ORDINANCE COMMITTEE: * 18.1 An Ordinance Districts' of the Chart By Alderperson Amending Section C -8 Entitled 'Election r of the City of Ithaca fman: Seconded by Alderperson Booth January 6, 1993 SECTION 1. That Section C -8 entitled "Election Districts" of the Charter of the City of Ithaca is amended to read as follows: "The Common Council shall have authority to subdivide the several wards into election districts in accordance with the general election laws; and said districts, when so designated by said Council, shall constitute election districts all general and other elections to be held in said City, unless herein otherwise provided; and all provisions of law applicable to election districts and to the inspectors and other officers of election thereof and therein shall apply to said election districts, inspectors and other election officers." The complete text and Ward Map of the new election districts appear in the Common Council Minute Book. A vote on the Ordinance resulted as follows: * 18.2 An Ordinance By Alderperson Hoffman: Carried Unanimously Chanter 285 Entitled Streets and Seconded by Alderperson Schroeder- ORDINANCE NO. 93 - An Ordinance to amend the Municipal Code of the City of Ithaca, Chapter 285 thereof entitled "Streets and Sidewalks" to alter the manner in which persons may place goods, wares and merchandise for display and sale and the manner in which permits may be obtained. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. Chapter 285 of the Municipal Code of the City of Ithaca. Section 285 -1 is hereby amended to read as follows: "Section 285 -1. Use of streets and sidewalks; permission required. A. No person shall place, suspend or cause to be placed or suspended any goods, wares or merchandise in any public street or sidewalk in front of or alongside his /her place of business at a greater distance therefrom than twelve (12) inches, except upon application and written approval of the Chief of Police of the City of Ithaca or his /her designee or of the Commons Advisory Board with regard to such activities to be held on the Commons pursuant to Chapter 157, Commons, of the Ithaca Code. In considering whether to grant such approval the Police Chief, or his /her designee, or the Commons Advisory Board shall, in their discretion consult with appropriate City officials and Boards including but not limited to the Building Commissioner, the Fire Chief and the Superintendent of Public Works and shall consider January 6, 1993 (3) That all appropriate safety concerns are satisfied; (9) That the display is removed from the public street or sidewalk at the close of business hours. The approval shall contain a requirement that the permittee carry appropriate insurance and agree to hold the City harmless from any liability claim or damage that may result from the permittee's activities pursuant to this approval. The approval may include such additional appropriate conditions which the issuing official or body may deem reasonable. Such approvals may be granted for a period up to one year in length. B. The fee for any such approval shall be twenty -five dollars ($25.00). C. Violations of this Chapter shall be punished pursuant to Article I, Section 1 -1 of this Code. SECTION 2.This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously Curfew - Report Alderperson Hoffman reported that the Charter and Ordinance Committee conducted a public hearing on the continuation of the curfew with some updated language. There was a very small turn out for the hearing. There was some concerns expressed about the ordinance and also some support expressed. He stated that the issue will be on the agenda for their meeting in January and a recommendation from the committee should be in place before the old ordinance expires. Franchise Dispute with ACC - Report Alderperson Hoffman reported that the required public hearing was held on this matter. The City Attorney will be preparing a list of the alledged violations which the committee will formally act on in January unless there is a proposed agreement. REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Alderperson Booth announced that he and Alderperson Blanchard were exchanging responsibilities. He will be the liaison to the Youth Bureau Board and Alderperson Blanchard will be the liaison to the Board of Fire Commissioners. NEW BUSINESS: * 22.2 Preservation of Six Mile Creek Natural. Area Alderperson Johnson stated that the Six Mile Creek Committee requested that the following resolution be referred to the Planning and Development Committee: WHEREAS, the Six Mile Creek Watershed serves as the source of the January 6, 1993 WHEREAS, the City of Ithaca in 1970 designated the Six Mile area from Giles Street to Burns Road as a Wildflower Preserve, and WHEREAS, in 1983 Common Council appointed a special Six Mile Creek Study Commission which, in 1984, produced its report, "People and Preservation," and WHEREAS, the Common Council, in response to the report of the Six Mile Creek Study Committee, began, in 1984, to take steps to protect the recreational and ecological value of the Six Mile Creek area, including the establishment of the Six Mile Creek Gorge Committee, and the investment of public funds in signage, the gorge ranger position, professional staff time, and the expansion, by purchase, of land subject to inappropriate development, and WHEREAS, the Tompkins County Environmental Management Council has named the Six Mile Creek area as a Unique Natural Area, and WHEREAS, the Town of Ithaca's Conservation Advisory Council has recognized the ecological and recreational value of the Six Mile Creek area and has recommended its designation as a Critical Environmental Area, and WHEREAS, the Six Mile Creek Natural Area provides opportunities for public education and ecosystems research, and WHEREAS, the danger of infringement upon the character of the Natural Area, by inappropriate private development, has increased in recent years, and WHEREAS, the protection of the City's investment, and the efforts of many Ithacans to preserve this resource, requires additional commitment and action by the City; now, therefore, be it RESOLVED, That the Common Council hereby affirms the City of Ithaca's commitment and intent to protect and maintain the following three (3) uses of the Six Mile Creek Natural Area; l.the water supply system, including the reservoirs, raw water line, dams, access roads, and the necessary maintenance to keep the water system operational for present and future use; 2.the current natural resources and natural character of the area, which includes an exceptionally rich flora in a unique habitat with adjacent buffer land; 3.the opportunities for passive, low - impact recreation appropriate for a natural area of which the City of Ithaca has few that are public and easily accessible; and be it further RESOLVED, That in its effort to protect and maintain these attributes, the City shall be guided by the following principles: 1,The Six Mile Creek Natural Area (as defined on the attached Town Map #9 dated August 8, 1990) shall remain as natural as January 6, 1993 consideration to the objective of preserving, to the greatest extent possible, all three of the uses listed above. 3.The City shall continue to seek the protection of all land within the Natural Area boundary from development through a planned strategy of negotiation of voluntary easements, acquisition of development rights, or purchase. 4.The City shall continue to seek to work cooperatively with the Town of Ithaca to ensure the protection of the area. 5.The Six Mile Creek area shall be open to the public up to the foot of Potter's Falls, subject to safety and maintenance considerations. 6.The Six Mile Creek Gorge Committee shall be the advisory body that shall coordinate City and public concerns about the Natural Area. 7. An ecologically- informed management plan for the Six Mile Creek area shall be promulgated by the Department of Public Works, in consultation with the Six Mile Creek Gorge Committee, Circle Greenway, and the Conservation Advisory Council, and subject to the approval of the Board of Public Works. Motion to Refer to Committee By Alderperson Johnson: Seconded by Alderperson Efroymson RESOLVED, That the resolution from the Six Mile Creek Committee on the preservation of the Six Mile Creek Natural Area be referred to the Planning and Development Committee. Carried Unanimously Executive Session By Aiderperson Booth: Seconded by Alderperson Berg RESOLVED, That Council adjourn into Executive Session to discuss a legal issue regarding Comex Plaza and McCurdy's, a legal issue regarding the Center Ithaca bankruptcy hearing and possibly a legal issue regarding the ACC franchise. Carried Unanimously Regular Session Common Council reconvened in regular session at 11:35 p.m. and presented the following resolution: ACC Franchise By Alderperson Efroymson: Seconded by Alderperson Daley RESOLVED, That the City take all appropriate steps to rescind its authorization and consent to the transfer of the American Television and Communication Corporation shares to Time Warner and the transfer of the franchise from American Community Cablevision to Time Warner Entertainment Company, L.P. including any necessary transfers to one or more subsidiaries of Time Warner." Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11 :45 p.m.