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HomeMy WebLinkAboutMN-CC-1993-11-03 November 3, 1993 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. November 3, 1993 PRESENT: Mayor Nichols Alderpersons (10) - Blanchard, Romanowski, Johnson, Hoffman, Berg, Booth, Efroymson, Golder, Schroeder, Daley OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman Superintendent of Public Works - Gray Building Commissioner - Eckstrom Police Chief - McEwen Fire Chief - Wilbur Planning and Development Director - Van Cort Personnel Administrator - Saul City Controller - Cafferillo Youth Bureau Director - Cohen PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the October 6, 1993 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Golder RESOLVED, That approval of the Minutes of the October 6, 1993 Common Council meeting be postponed until the meeting of December 1, 1993. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Booth requested the addition of Item #15.12, a resolution to refer the Mayor's Budget to the Budget and Administration Committee for its review and action. To Council member objected. Human Services Committee Alderperson Johnson requested the addition of a report regarding the County Human Services Committee to review the consolidated funding for Human Services. No Council member objected. SPECIAL ORDER OF BUSINESS: Mayor's Budget Message Mayor Nichols read the following budget message into the record: "The budget that we are presenting for 1994 includes many changes from previous budgets. Some of them are the result of the agreement that was reached with the County on the division of the additional one percent sales tax. Others are the result of shifts that we are making in the relation between the Streets and Facilities budget and the Water and Sewer budgets to provide for dedicated crews to open and close streets to renovate our water and sewer lines. Still others involve the shift from the Public Works budget to the Police, Youth Bureau and GIAC budgets to include in those budgets the costs of utilities and custodial service. This represents the beginning of the move toward program budgeting that will come into fuller force next year. We are also glad to note that this year we will be shifting back to the operations budget from capital projects the purchase of all November 3, 1993 2 new vehicles (except for a $150,000 paver) and about half the program for major street projects. It should be noted that in comparing the amounts for each department, some of which involve possible raises for employees covered by contracts that have not yet been signed, the money that will be needed to pay for those raises is included in our contingency allocation. In the area of public safety, the budgets for the Fire and Police Departments have been increased significantly. We are contemplating major upgrades in our sewer collection and water systems in the coming year. In the main the funds for these improvements have already been set aside in reserve funds allocated in previous years. This budget includes increases in the funding of human service agencies and community services--a portion of which will come directly from County funding. We are including an increase in the support for the Southside Center and are setting aside $10,000 to cover the costs of implementing the recommendations of the Task Force on Community-Police relations for a lay advocate program. The goal in establishing the 1994 budget was to provide for a balanced budget with no (zero) increase in the property-tax rate. We have met that goal, but it has not been easy. Unfortunately the sales-tax income for the past year has not met our expectations, resulting in part, from negative prior period adjustments and further from sluggish sales. We have therefore been cautious in establishing our estimate for 1994. We must continue in our policy of reducing the number of our employees, without layoffs, by increasing the efficiency of our work force in all our departments. We are pleased to note the cooperation that we have been receiving from all department heads in this effort. To balance the Solid Waste budget will require an increase in the fee for trash tags. The County has raised its tipping fees by 10.5 percent. We recommend an increase in the cost of full tags from $3 to $3.25 (8.3 percent) and in the half tags from $1.85 to $2 (9.2 percent). To balance the Solid-Waste budget will also require a reduction in the cost of our recycling program. The fee for garbage pickup to City residents will remain less than that of all other County residents. The Water and Sewer rates in the City have been constant for two years. We recommend an increase of 5 percent in the Water Rate and 5 percent in the Sewer Rate. This increase is less than the increase in the rate of inflation for the past two years. We believe that this is a sound budget. In some cases it will require a change in the way services are provided, but we believe that it provides for the basic needs of the City in all areas. The fact that this City in difficult economic times is able to avoid an increase in the property-tax rate should be an encouragement to businesses and residential property owners and tenants that Ithaca is a good place to live and work and do business." Mayor Nichols stated that the line-by-line budget is available in the City Clerk's Office if anyone wishes to examine it. Public Hearing to Consider an Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding the Zoning of a Parcel of Land at South and Meadow Streets in the City of Ithaca November 3, 1993 3 Resolution to Open Public Hearing By Alderperson Daley: Seconded by Alderperson Schroeder RESOLVED, That the public hearing to consider an Ordinance amending the Zoning Map established pursuant to Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code regarding the zoning of a parcel of land at South and Meadow Streets in the City of Ithaca be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Hoffman: Seconded by Alderperson Johnson RESOLVED, That the public hearing to consider an Ordinance amending the Zoning Map established pursuant to Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code regarding the zoning of a parcel of land at South and Meadow Streets in the City of Ithaca be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Ithaca Landmarks Preservation Commission Mayor Nichols requested Council approval for the appointment of Stephen Somogy, 413 Linn Street, to the Ithaca Landmarks Preservation Commission, to replace Nancy Meltzer, with a term to expire December 31, 1993. Resolution By Alderperson Efroymson: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Stephen Somogy to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 1993. Carried Unanimously COMMUNICATIONS: Union Negotiations Mayor Nichols stated for the general public some of the principles that the City has followed in regards to the negotiations with the City Unions. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Festival Lands Ms. Dora Higgins, representing "Citizens to Save Our Parks", spoke to Common Council regarding the resolution on tonight's agenda regarding the Festival Lands and why they should be considered as park lands. CSEA Administration Unit Negotiations The following City employees spoke to Council regarding the negotiations between the City and the CSEA Unit: John Coggin Jackie Merwin Allen Green William Baker, President CSEA Douglas Keating Emanuel Cestero Public Hearing with DoT on Changes to Route 13 Mr. Guy Gerard, 209 Giles Street, spoke to Council regarding the public hearing that was held by DoT on changes to Route 13 south of the City. November 3, 1993 4 Transfer of City Employees and Funding for TCAD Mr. Alan Cohen, 302 East State Street, asked Council to look closely at the matter of transferring DPW workers to the Water and Sewer Division. Mr. Cohen also expressed his concern about funding for Tompkins County Area Development Corporation. Mr. Cohen congratulated Alderperson Efroymson on winning the second ward Council seat. RESPONSE TO PUBLIC: Public Hearing on Route 13 Alderperson Blanchard stated that the public hearing by the DoT regarding the Route 13 project was very widely advertised. The DoT officials conducted that meeting very professionally, with special consultants that were available to answer questions on everything from real estate acquisition to design concepts. CSEA Negotiations Alderpersons Efroymson, Booth, Golder and Mayor Nichols responded to the persons who spoke to Council regarding the CSEA negotiations. REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES: Board of Public Works Commissioner Reeves reported to Council on the following matters: Water and Sewer Rates - The Board passed a resolution on October 27 regarding increase in water and sewer rates. The water rate has been increased from $1.21 to $1.27 per hundred cubic feet. The sewer rate was increased from $1.40 to $1.47 per hundred cubic feet. That is an increase of five percent over two years. Trash Tag Rates - The trash tag rate was recommended to be increased from $11.00 to $12.00 for six twenty pound tags. The thirty-five pound tags have gone from $18.00 to $19.50 for six tags. Hillview and Aurora Street Traffic Light - There seems to be a great deal of controversy regarding this light. The main problem at this time seems to be the left turn onto Hillview going up 96B. The Board has recommended changing the cycle on Aurora Street to a longer green signal hoping to alleviate the congestion at that intersection. All-Way Stop on the Corner of University and Stewart Avenues - After reviewing the accident history and talking with Police Chief McEwen, the Board has passed a resolution authorizing the placement of an All-Way Stop at that intersection. Artifacts from the Strand Theater - The Board received a letter from Elmira College requesting that they be allowed to purchase some of the artifacts from the Strand Theater for inclusion in their Emerson Hall project on the Elmira College campus. The Board had extensive discussions on the request and a resolution was passed that will handle any artifacts that we have obtained from the Strand Theater and other historical sites. The Board is recommending that the City retain them and if they are not going to be used right away, that they be put on display, possibly at DeWitt Historical Society. Commissioner Reeves answered questions from Council members. Bicycle Advisory Council David Nutter, representing the Bicycle Advisory Council, thanked the Council for their time and consideration in endorsing the November 3, 1993 5 grant application for bike planning and facilities for the City. He handed out copies of "Request for Bicycle and Pedestrian Accommodations on PIN 3057.28. Route 13 Over Conrail/Cayuga Inlet and Buttermilk Creek." These requests and endorsements were passed by the City of Ithaca Bicycle Advisory Council at its October 21, 1993 meeting. He asked that Council also endorse this request from the Bicycle Advisory Council to DoT. Parks Commission Ms. Joanne Cornish, Chairperson of the Parks Commission, reported that the Commission has been working on Inlet Island, Southwest Park and the Festival Lands. She stated that for the past year or so the Commission has been conducting a park usage survey to try and understand the needs of the City. She reported that the other item the Commission has been working on is a Parks Signage program. Board of Fire Commissioners Mr. Charles Jennings, representing the Board of Fire Commissioners, reported on the Volunteer Program that is going to be implemented in the Department. The program will increase the training and activity requirements for volunteers, as well as have a clearer understanding of what is expected of potential members. Mr. Jennings further reported that Chief Wilbur's program to change the career staffing of the department has been implemented and he is in the process of making assignments for staff members within the department to delegate responsibilities for functional areas. Mr. Jennings reported that the Board of Fire Commissioners has passed a resolution that they will move forward in developing a mandatory Juvenile Fire Setter Counseling Program. REPORT OF THE CITY ATTORNEY: Therm, Inc. City Attorney Guttman reported that he has been advised that negotiations between the Attorney General's Office and Therm have broken down and it looks like, at this point, that the matter will be proceeding to litigation by the State against Therm. Ithaca Center Bankruptcy City Attorney Guttman reported on the re-organization plans for Center Ithaca. The matter will be back in Court in November. Alderperson Booth informed Council that he will be requesting an Executive Session to deal with the first three items on the Budget and Administration Committee agenda. BUDGET AND ADMINISTRATION COMMITTEE: * 15.4 Youth Bureau - Request to Approve Season Pass Policy at City Pools By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That seasonal passes for Cass Park Pool and the Alex Haley Pool shall be issued only to residents of the City of Ithaca, and residents of those municipalities participating with the City in the provision of recreational services, and be it further RESOLVED, That seasonal passes for Cass Park Rink will be issued November 3, 1993 6 to City residents and non-residents for the 1993-1994 skating season. Alderperson Booth stated the resolution is simply to clarify the policy regarding the issuance of seasonal passes for open skating at Cass Park Rink. This resolution makes clear that those seasonal passes will be available not only to City residents and participating municipality residents but all other residents. A vote on the resolution resulted as follows: Ayes (9) - Booth, Daley, Hoffman, Berg, Romanowski, Blanchard, Johnson, Efroymson, Schroeder Nay (1) - Golder Carried * 15.5 Planning Department - Request to Approve Architect Contract for Cascadilla Boathouse Project By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor be authorized to sign a contract with the architectural firm of Bero Associates in the amount not to exceed $17,600 for the schematic design, design development, construction documents, assistance with bid process, and contract administration for Cascadilla Boathouse Reconstruction project, and be it further RESOLVED, That said funds will be derived from Capital Project #275 Cascadilla Boathouse Reconstruction. Carried Unanimously * 15.6 Finance Department - Controller - Request to Support Proposed Amendment to State Local Finance Law By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, legislation to amend Sections 21:00-B and 23:00-B, and to repeal Section 23:00-B-1 of the Local Finance Law in relation to the maximum maturity of Bond Anticipation Notes has been introduced in the State Senate by Senator Larkin (Bill #5266), and in the Assembly by Assemblyman Portum (Bill #8225), and WHEREAS, this act would amend the Local Finance Law to eliminate the current maximum five year limitation on the term of Bond Anticipation Notes and renewals thereof for most types of capital improvements, or purposes for which Bond Anticipation Notes may be issued, and WHEREAS, this amendment would allow local governments to determine when an issue should be permanently financed, thereby realizing considerable potential savings in interest payable, in view of the fact that short-term interest rates are consistently lower than long-term rates; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby endorses and recommends passage of said legislation, in the interest of providing local governments with the home-rule authority to renew and permanently issue existing Debt Service at the most effective interest rates available. Carried (9-0) Alderperson Golder out of room at time of vote. November 3, 1993 7 * 15.7 Finance Department - Controller - Request Authorization to Cover Red Accounts By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That the City Controller be empowered to make transfers within the 1993 Budget appropriations, as needed, for the remainder of the 1993 Fiscal Year. Carried (9-0) Alderperson Golder out of room at time of vote. * 15.8 Finance Department - Personnel - Request to Clarify City Daycare Policy By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Common Council approved the City's Daycare Assistance Program in 1989; now, therefore, be it RESOLVED, That Common Council reaffirms its intent that the City Daycare Assistance Program allow this benefit to eligible City employees on a per-child basis only, and be it further RESOLVED, That all elements of said Daycare Assistance Program remain as originally approved. Carried (9-0) Alderperson Golder out of room at time of vote. * 15.9 Youth Bureau - Request to Amend 1993 Budget for Education Grant By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City Youth Bureau has received a grant in the amount of $2,298 from the U.S. Department of Education to support a new Student Mentor Corps Partnership Program, and WHEREAS, this grant will allow the Youth Bureau to expand the Paul Schreurs Memorial Program; now, therefore, be it RESOLVED, That the 1993 Budget be adjusted as follows for the purpose of funding said grant: Increase Revenue: A4820 Youth Programs $2,298 Increase Appropriations: A7310-120 Youth Program - Hourly P/T 1,768 A9030 Social Security 135 A9040 Workers' Compensation 145 A9060 Health Insurance 250 Carried (9-0) Alderperson Golder out of room at time of vote. * 15.10 Planning Department - Request for Wal-Mart Economic Impact Analysis By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, Wal-Mart Stores, Inc. has agreed that an economic impact analysis regarding its proposed store must be conducted as part of the broader environmental impact statement which will be prepared for this project, and WHEREAS, Wal-Mart and the City have agreed that an economic impact analysis prepared by a consultant mutually agreed upon by the City and Wal-Mart will give the Planning Board an objective analysis on which to base its decision, and WHEREAS, both parties are represented on the committee appointed November 3, 1993 8 by the Planning Board to solicit, evaluate and select a preferred proposal from among the proposals submitted by qualified real estate and economic consultants, and WHEREAS, Wal-Mart has agreed to agreed to pay all the fees associated with completing this aspect of the environmental review, said commitment documented in the attached commitment letter from Wal-Mart to the City, and WHEREAS, the committee, after reviewing six proposals submitted by qualified consultants, has selected RKG Associates to conduct the economic impact analysis, and WHEREAS, the City intends to execute a contract with RKG Associates, with the fees payable to RKG Associates to be provided by Wal-Mart Stores, Inc. per the attached commitment letter; now, therefore, be it RESOLVED, That the Mayor, upon the recommendation of the Director of the Department of Planning and Development and the City Attorney, is hereby authorized to execute a contract between the City and RKG Associates for a not to exceed fee of $43,000. Carried (9-0) Alderperson Golder out of room at time of vote. * 15.11 Mayor's Proposed Budget By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor's proposed Budget for 1994 is referred to the Budget and Administration Committee for its review and action, and be it further RESOLVED, That in the Budget and Administration Committee's review of the proposed Budget, each member of Common Council who attends one of the Committee's budget review sessions shall have an equal vote during that session, and be it further RESOLVED, That any five (5) Council member shall constitute a quorum for conducting business at any of the Committee's budget review sessions, with the majority of those present having authority to take action at that session. Carried (9-0) Alderperson Golder out of room at time of vote. CHARTER AND ORDINANCE COMMITTEE: * 16.1 An Ordinance Amending Chapter 164 Entitled "Dogs and Other Animals" of the City of Ithaca Municipal Code (exception for seeing eye dogs) By Alderperson Hoffman: Seconded by Alderperson Romanowski Ordinance No. 93-24_ An ordinance amending Chapter 164 entitled "Dogs and Other Animals" of the City of Ithaca Municipal Code (exception for seeing eye dogs) BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. That Section 164-9(C) entitled "Prohibited Acts" of Article III entitled "Dogs" of Chapter 164 entitled "Dogs or Other Animals" is hereby amended to read as follows: "C. Except for a handicapped assistance dog in performance of its November 3, 1993 9 trained duties, causes damage or destruction to public or private property or defecates (unless the solid waste is promptly picked up and removed by the owner or other person responsible for the dog), or otherwise commits a nuisance on public or private property other than on the premises of the person owning or harboring such dog." SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously HUMAN SERVICES COMMITTEE: Southside Community Center Funding - Report Alderperson Johnson reported that the Human Services Committee has recommended funding for the Southside Community Center in the amount of $48,000.00 to support the programs. Police Community Relations - Report Alderperson Johnson reported that there was a press conference held on October 30th at Southside at which time an update was given of the activity that has taken place in the last one and one-half years. A lot of the recommendations have been carried out either by program administration or by action of various committees on Council. Human Services County Committee Meeting Alderperson Blanchard reported that she attended the Human Services Committee meeting at the County to see how our arrangement with the sales tax distribution was working. The parts of that meeting that she thought would be most interesting to the Council had to do with the Multi-cultural Resource Center. There was some difference of opinion on the funding level but the Multi- cultural Center made a report at that meeting that they have hired a director/trainer. They will have regular hours on Tuesdays through Fridays, from 2 p.m. until 5 p.m., and they are talking with the Human Rights Commission and with other County agencies about finding a permanent home for that program so that it is no longer a stand-alone effort. PLANNING AND DEVELOPMENT COMMITTEE: * 18.1a An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325, Regarding the Zoning of a Parcel of Land at South and Meadow Streets - Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Booth WHEREAS, State law and Section 176.6 of the Ithaca City Code require 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 with its primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed ordinance amending the zoning ordinance regarding the zoning of a parcel of land at south and Meadow Streets in the City of Ithaca requires review under the City's Environmental Quality Review Ordinance, now, therefore, be it RESOLVED, That the Common Council does hereby declare itself lead November 3, 1993 10 agency for the environmental review of the proposed amendment to the Municipal Code of the City of Ithaca regarding the zoning of a parcel of land at south and Meadow Streets in the City of Ithaca. Carried Unanimously * 18.1b Declaration of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Booth WHEREAS, an amendment to the City of Ithaca Zoning Ordinance regarding the zoning of a parcel of land at South and Meadow Streets in the City of Ithaca requires review under State and City Environmental Quality Review Acts, 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 (SEQR) including the Part 617 regulations thereunder, and is an "unlisted" action under the City Environmental Quality Review Act (CEQR), 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, does hereby adopt as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form dated August 27, 1993, and be it further RESOLVED, That this Common Council, as lead agency in this matter, does hereby determine that the proposed action 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 * 18.1c An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding the Zoning of a Parcel of Land at South and Meadow Streets in the City of Ithaca By Alderperson Schroeder: Seconded by Alderperson Booth ORDINANCE 93-___ An Ordinance to amend the Municipal Code of the City of Ithaca, Chapter 325, entitled "Zoning" to change the zoning designation of certain areas of the City of Ithaca. BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as follows: SECTION 1. That the official zoning map of the City of Ithaca, New York, as last amended, is hereby amended to change the zoning designation of the following area from R-3b to B-2a: All that tract or parcel of land situate in the City of Ithaca, County of Tompkins, the State of New York, more particularly bounded and described as follows: November 3, 1993 11 Beginning at the intersection of the southerly line of South Street with the easterly line of Meadow Street; running thence south 82° 31 minutes east along the southerly line of South Street 220.25 feet to a point; running thence south 7° 30 minutes west 35.70 feet to a point; running thence south 82° 30 minutes west 33.66 feet; running thence south 7° 30 minutes west 272.60 feet to a point; running thence south 82° 30 minutes east 33.66 feet to a point; running thence south 7° 30 minutes west 35.70 feet to a point in the northerly line of Wood Street; running thence north 82° 31 minutes west along the northerly line of Wood Street 138.25 feet to the southeast corner of a parcel of land owned by the City of Ithaca; running thence north 7° 25 minutes 35 seconds east along the easterly line said City of Ithaca parcel 49.96 feet to a point; running thence north 82° 28 minutes 55 seconds west along the northerly line of City of Ithaca Parcel 81.95 feet to a point in the easterly line of Meadow Street; running thence north 7° 30 minutes 00 seconds east along the easterly line of Meadow Street 293.99 feet to the point or place of beginning. SECTION 2. Effective Date. This ordinance shall take effect immediatel as provided in Ithaca City Charter. Carried Unanimously * 18.2a Certified Local Government Subgrant Application `FY 94 - Grant to Fund Historic District Marker Program By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, in 1986, the City of Ithaca received Certified Local Government status from the New York State Office of Parks, Recreation and Historic Preservation, and WHEREAS, ten percent (10%) of funds allocated to New York State for preservation activities are made available exclusively to Certified Local Governments on a competitive basis, and WHEREAS, the Ithaca Landmarks Preservation Commission in conjunction with Historic Ithaca and Tompkins County Inc. have formulated an historic marker program, to identify the City's historic districts for the benefit of both residents and visitors, and WHEREAS, such a program is an eligible activity under the Certified Local Government Subgrant program, and WHEREAS, as part of the historic marker program, Historic Ithaca and Tompkins County, Inc. has applied for funds made available by the Finger Lakes Advisory Board on Tourism Development to prepare a pamphlet elaborating the location and significance of Ithaca's local historic districts, and WHEREAS, the Certified Local Government Subgrant "94 project budget summary appears as follows: Federal Share $1,642 Materials $ 200 % of Equipment Charges Total $1,842 City of Ithaca Share In-Kind Services, Department of Planning and Development $ 647 Force Account Labor, Department $1,040 of Public works Equipment Charges $ 160 November 3, 1993 12 Total $1,847 Total Project Cost $3,689 now, therefore, be it RESOLVED, That the Common Council authorizes the Director of Planning and Development to apply for a Certified Local Government Subgrant FY'94 to implement an historic marker program and commits in-kind services of the Department of Planning and Development and force account labor of the Department of Public Works to match the subgrant. Carried Unanimously * 18.3 City of Ithaca Comments on the Design Report and Environmental Assessment for the Redesign of Eight-Tenths of a Mile of Route 13 By Alderperson Schroeder: Seconded by Alderperson Berg WHEREAS, the New York State Department of Transportation has prepared a Design Report and Environmental Assessment (dated September, 1993) for the rebuilding of two deteriorated bridges and eight-tenths of a mile of Route 13 south of the City, beginning just within City limits, and WHEREAS, Common Council by resolution on December 5, 1990 and February 6, 1991 urged the D.o.T. to replace these deteriorated bridges and to retain the existing two-lane width for this section of Route 13, and WHEREAS, the September, 1993 Design Report and Environmental Assessment dismisses further consideration of two-lane solutions and only considers the "Social and Economic Impacts" and an "Environmental Assessment" of two very similar four-lane designs, and WHEREAS, the construction of a four-lane Route 13 heading north from the City in the 1960s has had a profound impact on urban growth patterns and social and economic trends in the Ithaca area over the part three decades, indicating that the issue of the "Social and Economic Impacts" of a four-lane Route 13 heading south from the City deserves a much more thorough consideration and analysis than is provided in the current document, and WHEREAS, the beauty and rural character of the approach to the City from the south along Route 13 is a significant environmental resource which could be seriously damaged by the construction of new four-lane bridges and a widened four-lane road, and the current document completely dismisses this crucial environmental issue by stating that "the only measurable visual impact associated with this project would be the removal of the existing railroad abutments," and WHEREAS, the City of Ithaca considers the widening of the Route 13 bridge over Six Mile Creek a higher priority for the City's concerns, and WHEREAS, the priority for State transportation expenditures should be for improved mass transit, not for expanded highways; now, therefore, be it RESOLVED, That Common Council finds the review of "Social and Economic Impacts" and the "Environmental Assessment" within the current document to be seriously inadequate, and be it further RESOLVED, That Common Council believes this project's magnitude requires a full Environmental Impact Statement including a November 3, 1993 13 thorough consideration of potential two-lane solutions, and be it further RESOLVED, That Common Council reaffirms its support for replacement of the deteriorated bridges and for a project that has basically the same two-lane width as the existing road, and be it further RESOLVED, That Common Council's support of a two-lane solution is not intended to oppose the inclusion of a third lane, in specific locations, where needed for turning, and be it further RESOLVED, That the City Clerk be directed to forward a copy of this resolution to the New York State Department of Transportation prior to the November 8, 1993 comment deadline. Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That the fourth Whereas Clause be deleted and that the following wording be added to the end of the second Resolved clause: "and a more thorough consideration and analysis of the social and economic impacts of a four-lane highway than is provided in the current document, and" Discussion followed on the floor regarding the amendment. Amendment to the Amendment By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the fourth Whereas be changed to read as follows: "WHEREAS, the construction of multi-lane highways on the periphery of American cities has frequently contributed to rapid suburbanization on the outskirts of those cities." Discussion followed on the floor. A vote on the amendment to the amendment resulted as follows: Ayes (8) - Schroeder, Blanchard, Johnson, Golder, Berg, Efroymson, Booth, Hoffman Nays (2) - Daley, Romanowski Carried (8-2) Revised Amendment A vote on the revised amendment which includes Alderperson Blanchard's wording for the end of the second Resolved Clause and Alderperson Schroeder's changing of wording for the fourth Whereas clause resulted as follows: Ayes (9) - Blanchard, Johnson, Hoffman, Schroeder, Daley, Berg, Golder, Efroymson, Booth Nay (1) - Romanowski Carried (9-1) Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Johnson RESOLVED, That the sixth Whereas clause be deleted from the resolution. November 3, 1993 14 Discussion followed on the floor on the amendment. A vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution By Alderperson Blanchard: Seconded by Alderperson Romanowski RESOLVED, That the final Whereas clause be deleted from the resolution. Discussion followed on the floor. A vote on the amending resolution resulted as follows: Ayes (7) - Blanchard, Romanowski, Daley, Berg, Efroymson, Schroeder, Johnson Nays (3) - Booth, Golder, Hoffman Carried (7-3) Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Golder RESOLVED, That a new Resolved clause be added before the final Resolved clause to read as follows: "RESOLVED, That Common Council request as a part of this project: 1. The addition to the existing traffic light at Spencer Road of a crosswalk and walk signal, activated by buttons reachable by pedestrians and bicyclists, on both the east and west sides of Route 13, and 2. The provision of a four foot minimum paved width outside the motor vehicle travel lanes for use by bicyclists between Buttermilk Falls Road and the north project limit; provision of a sidewalk on the east side of Route 13 between Buttermilk Falls Road and the north end of the project; and provision of sidewalks on the Route 13 bridge over Conrail/Cayuga Inlet. Discussion followed on the amendment. Alderperson Schroeder withdrew his amendment and as Chair of the Planning and Development Committee, he will send a letter to the State DoT stating that the City feels these concerns are important and should be looked at. Amending Resolution By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That a new Resolved clause be added before the final Resolved clause to read as follows: "RESOLVED, That Common Council supports the utilization of the Metropolitan Planning Organization process in the planning for this project." Carried Unanimously Alderperson Booth stated for the record that he is going to vote for this resolution but no one should ever think that he thinks the abutment should become a major stumbling block in the planning of any project. Alderperson Romanowski stated for the record that he appreciates the time and effort that has gone into this but whether the City likes it or not there is going to be increased traffic activity and economic activity in this particular area. This has been recognized by the Town of Ithaca already and he thinks the City November 3, 1993 15 should also recognize this. He beleives that it is a little short-sighted to try to settle on a two-lane solution which he believes is going to compromise safety and for this reason he thinks environmental assessment should be done. He thinks that to try to focus on a two-lane solution is being very short-sighted and for that reason he will vote against the resolution. Alderperson Blanchard stated for the record that she appreciates the Council adopting the amendments that she suggested and she thinks it is a better resolution because of that. She stated that she attended the design public hearing, she looked at the drawings, she asked questions, and she had an opportunity to talk with the design consultant and with some of the engineers from Region 3 about why they abandoned any further consideration of the two-lane solution. She thought their reasoning was very sound and made sense to her. She does not think we should be asking them to look at a two-lane solution, especially when they are coming into a City that has five lanes that this road is meeting. Therefore, she stated, that she cannot support the resolution. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Booth, Johnson, Berg, Schroeder, Efroymson, Hoffman, Daley, Golder Nays (2) - Romanowski, Blanchard Carried (8-2) The Main Motion as amended shall read as follows: WHEREAS, the New York State Department of Transportation has prepared a Design Report and Environmental Assessment (dated September, 1993) for the rebuilding of two deteriorated bridges and eight-tenths of a mile of Route 13 south of the City, beginning just within City limits, and WHEREAS, Common Council by resolution on December 5, 1990 and February 6, 1991 urged the D.o.T. to replace these deteriorated bridges and to retain the existing two-lane width for this section of Route 13, and WHEREAS, the September, 1993 Design Report and Environmental Assessment dismisses further consideration of two-lane solutions and only considers the "Social and Economic Impacts" and an "Environmental Assessment" of two very similar four-lane designs, and WHEREAS, the construction of multi-lane highways on the periphery of American cities have frequently contributed to rapid suburbanization on the outskirts of those cities, and WHEREAS, the beauty and rural character of the approach to the City from the south along Route 13 is a significant environmental resource which could be seriously damaged by the construction of new four-lane bridges and a widened four-lane road, and the current document completely dismisses this crucial environmental issue by stating that "the only measurable visual impact associated with this project would be the removal of the existing railroad abutments," now, therefore, be it RESOLVED, That Common Council finds the review of "Social and Economic Impacts" and the "Environmental Assessment" within the current document to be seriously inadequate, and be it further RESOLVED, That Common Council believes this project's magnitude November 3, 1993 16 requires a full Environmental Impact Statement including a thorough consideration of potential two-lane solutions, and a more thorough consideration and analysis of the social and economic impacts of a four-lane highway than is provided in the current document, and be it further RESOLVED, That Common Council reaffirms its support for replacement of the deteriorated bridges and for a project that has basically the same two-lane width as the existing road, and be it further RESOLVED, That Common Council's support of a two-lane solution is not intended to oppose the inclusion of a third lane, in specific locations, where needed for turning, and be it further RESOLVED, That Common Council supports the utilization of the Metropolitan Planning Organization process in the planning for this project, and be it further RESOLVED, That the City Clerk be directed to forward a copy of this resolution to the New York State Department of Transportation prior to the November 8, 1993 comment deadline. NEW BUSINESS: * 20.1 Resolution in Support of IPAC By Alderperson Schroeder: Seconded by Alderperson Daley WHEREAS, the premises known as the State Theater are presently used as a motion picture theater, and WHEREAS, the owner of the premises has stated that unless he can arrange for alternate use of the building, he will be forced to consider demolition of the building, and WHEREAS, a group of individuals consisting of members of various local arts groups is banding together to form a not-for-profit corporation which would acquire control of the State Theater and turn it in an Ithaca Performing Arts Center (IPAC), and WHEREAS, it would be in the interest of the City of Ithaca to have a downtown performing arts center; now, therefore, be it RESOLVED, That the Common Council encourages the parties in their attempt to transform the State Theater into a performing arts center that will be used by a broad spectrum of local arts groups and pledges its support and assistance to such endeavor. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Romanowski RESOLVED, That in the Resolved clause the words "and pledges its support and assistance to such endeavor" be stricken. Discussion followed on the floor. Alderperson Efroymson explained to Council why he feels the above words should be stricken. Alderperson Daley stated, for the record, that he wants, whether it is this group or any other group, to know that there is going to be strong support by the Common Council of an attempt to make downtown a really vibrant arts community. He thinks there is nothing in the the last Resolved that require us to do anything, that obligates us to do anything, that puts money into it, and he thinks there is no need in weakening the Resolution by removing the words as is being suggested. Mayor Nichols stated that he supports the original resolution but he has made clear from the beginning, in terms of his support and what he would hope he could encourage Common Council to do, that November 3, 1993 17 before the Council can move ahead to any kind of financial arrangement, we have to see that this is a workable deal, that it makes sense, that there is an appropriate Board of Directors and community participation so this resolution is not a blank check. He also stated that when and if those conditions can be met, our support would be the key point to making this thing work. Substitute Amending Resolution By Alderperson Berg: Seconded by Alderperson Johnson RESOLVED, That in the Resolved clause, after the word "groups" delete the rest of the sentence and add the following wording: "and will review requests by parties seeking assistance from the City in their efforts to transform the State Theater." Discussion followed on the floor regarding Alderperson Berg's amendment. A vote on Alderperson Berg's substitute amending resolution resulted as follows: Ayes (3) - Berg, Johnson, Hoffman Nays (7) - Booth, Schroeder, Daley, Blanchard, Romanowski, Efroymson, Golder Motion Fails Alderperson Efroymson withdrew his amending resolution. Amending Resolution By Alderperson Daley: Seconded by Alderperson Efroymson RESOLVED, That in the Resolved clause, after the word "groups", the rest of the sentence be deleted and the following wording be added: "and will consider its support and assistance to such endeavor when feasibility issues have been addressed." A vote on the amending resolution resulted as follows: Ayes (8) - Daley, Efroymson, Schroeder, Golder, Berg, Booth, Johnson, Hoffman Nays (2) - Romanowski, Blanchard Carried (8-2) Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) - Daley, Efroymson, Schroeder, Golder, Berg, Booth, Johnson, Hoffman Nays (2) - Romanowski, Blanchard Carried (8-2) * 20.2 Festival Lands By Alderperson Booth: Seconded by Alderperson Hoffman WHEREAS, the City of Ithaca owns the so-called Festival Lands comprising approximately fifteen acres that adjoin the State of New York's Allan H. Treman Marine State Park, and WHEREAS, there have been various opinions expressed over a period of years by persons within and outside the City government regarding whether or not the Festival Lands constitute park land under the applicable law of the state, and November 3, 1993 18 WHEREAS, official maps produced by the City, including but not limited to the City's zoning map, have for many years denoted the Festival Lands as park land, and WHEREAS, for more than twenty-five years the City of Ithaca has kept the Festival Lands as open and partially natural lands, and WHEREAS, the Festival Lands have been maintained in said open and partially natural condition by the City of Ithaca personnel and/or by State of New York personnel acting with the acquiescence of the City of Ithaca, and WHEREAS, for more than twenty-five years the City of Ithaca has encouraged the Festival Lands to be used by the public for hiking, picnicking, jogging, bird watching, casual sporting activities, and other outdoor uses consistent with the long term maintenance of open, natural public park lands, and WHEREAS, for more than twenty-five years large numbers of residents of the City of Ithaca and of the Ithaca area have used the Festival Lands as though they were public park lands for hiking, picnicking, jogging, bird watching, casual sporting activities, and other outdoor uses consistent with the long term maintenance of open, natural, public park lands, and WHEREAS, said uses of the Festival Lands are typical of the public's use of public park lands in countless places across this state, and WHEREAS, large numbers of residents of the City of Ithaca and of the Ithaca area consider the Festival Lands to be public park land that is not in any significant way distinguishable from the state- owned park land that adjoins the Festival Lands, and WHEREAS, in fact the Festival Lands are not in any significant way distinguishable from the state-owned park land that adjoins the Festival Lands, and WHEREAS, applicable New York State law provides that land owned by municipal government may, as a result of the use and maintenance of that land, become public park land through implied dedication; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca states its conclusion that the Festival Lands have become and are public park land by means of implied dedication as defined by the applicable law of the State of New York, and be it further RESOLVED, That this Common Council intends that all future actions by the City of Ithaca respecting and/or affecting the Festival Lands will reflect its conclusion that said lands constitute public park land by means of implied dedication. Alderperson Booth explained the resolution. Discussion followed on the floor. Motion to Refer to Committee By Alderperson Schroeder: Seconded by Alderperson Daley RESOLVED, That the resolution regarding the Festival Lands be referred to the Planning and Development Committee for their review and consideration. Extensive discussion followed on the floor. Amendment to the Motion to Refer November 3, 1993 19 By Alderperson Booth: Seconded by Alderperson Berg RESOLVED, That the report and resolution on the Festival Lands be back from the Planning and Development Committee to be acted on at the December 1993 Common Council meeting. A vote on the Amendment to the Motion to Refer resulted as follows: Ayes (5) - Berg, Hoffman, Golder, Booth, Johnson Nays (6) - Romanowski, Schroeder, Blanchard, Efroymson, Daley Mayor Nichols vote Nay, breaking the tie Motion Failed A vote on the Motion to Refer to Committee resulted as follows: Ayes (6) - Romanowski, Schroeder, Blanchard, Efroymson, Daley Nays (5) - Berg, Hoffman, Golder, Booth, Johnson Mayor Nichols voted Aye, breaking the tie. Carried RECESS: Common Council recessed at 9:50 p.m. and reconvened at 10:00 p.m. EXECUTIVE SESSION: On a motion Common Council moved into Executive Session at 10:00 p.m. to discuss three Budget and Administration Items (Agenda items #1, #2, and #3. REGULAR SESSION: On a motion Common Council reconvened into Regular session at 10:35 p.m. and presented the following: * 15.1 Building Department - Request to Hire Above the Minimum By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That Sarah Myers be hired for the Senior Typist position in the Building Department at an annual salary of $17,687.00, that being Step seven (7) on the 1992 Compensation Plan for the C.S.E.A. Administrative Unit (40 hours/week), effective November 22, 1993, and be it further RESOLVED, That the salary level be adjusted as specified in the 1993 contract when adopted, and be it further RESOLVED, That this appointment to Step seven (7) conforms to the arbitration decision governing hiring with experience, and be it further RESOLVED, That the funding for said hire be derived from within existing budget appropriations. Amending Resolution By Alderperson Daley: Seconded by Alderperson Johnson RESOLVED, That Step seven (7) be modified to Step five (5) with the annual salary being $16,352.00. Carried Unanimously Amending Resolution By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That a Whereas Clause be added to the resolution to read as follows: "WHEREAS, based on the experience that Sarah Meyers has, it is appropriate to hire her at Step 5; now, therefore, be it" Carried Unanimously Main Motion as Amended November 3, 1993 20 A vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 15.2 City Attorney - Request Funds for Litigation By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That an amount not to exceed $5,000 be transferred from Account A1990 Unrestricted Contingency to Account A1420-435 Law Contractual Services to fund the use of outside legal services for pending litigation against the City. Carried Unanimously * 15.3 City Attorney - Request Funds for Litigation By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That an amount not to exceed $4,000 be transferred from Account A1990 Unrestricted Contingency to Account A1420-435 Law Contractual Services to fund the use of outside legal services for pending litigation against the City. Ayes (8) - Booth, Romanowski, Blanchard, Efroymson, Berg, Johnson, Golder, Schroeder Abstention (1) - Daley (conflict of interest) Alderperson Hoffman asked to be excused from the meeting due to a conflict of interest. No Council member objected and Alderperson Hoffman left the meeting before the motion was considered. Carried ADJOURNMENT: On a motion the meeting adjourned at 10:45 p.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor