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HomeMy WebLinkAboutMN-CC-1994-11-02November 2, 1994 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 P.M. November 2, 1994 PRESENT: Mayor Nichols Alderpersons (10) - Johnson, Efroymson, Booth, Shenk, Mackesey, OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Guttman Planning and Development Director - Van Cort Building Commissioner - Eckstrom Youth Bureau Director - Cohen Board of Public Works Liaison - Reeves Fire Chief - Wilbur Police Chief - McEwen Superintendent of Public Works - Gray Deputy City Controller - Thayer PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the October 5, 1994 Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That the Minutes of the October 5, 1994 Common Council meeting be approved as published. Carried Unanimously DELETIONS FROM THE AGENDA: Budget and Administration Committee Alderperson Booth requested the deletion of Item 18.5 - Planning Department request to approve Bicycle Planning Consultant Contract and Item 18.7 - Finance Department/Chamberlain request to foreclose on property tax lien. No Council member objected. SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider an Ordinance Amending Section 210- 32.3 "Fire Protection Systems" of Article V, Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code Resolution to Open Public Hearing By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That the Public Hearing to consider an Ordinance amending Section 210-32.3 "Fire Protection Systems" of Article V, Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code be declared open. Carried Unanimously The following persons spoke to the Council in support of the Ordinance on tonight's agenda regarding Fire Protection Systems: Charles Jennings - Chair, Board of Fire Commissioners Chris O'Connor - 1012 N. Tioga Street Alan Cohen - 302 E. State Street John Novarr - Highland Road Resolution to Close Public Hearing By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the Public Hearing to consider an Ordinance amending Section 210-32.3 "Fire Protection Systems" of Article V, November 2, 1994 Chapter 210 entitled "Housing Standards" of the City of Ithaca Municipal Code be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Bicycle Advisory Council Mayor Nichols requested Council approval for the appointment of Ron Chapman, 429 West Buffalo Street, to the Bicycle Advisory Council with a term to expire December 31, 1995. Resolution By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That this Council approves the appointment of Ron Chapman to the Bicycle Advisory Council with a term to expire December 31, 1995. Carried Unanimously Commons Advisory Board Mayor Nichols requested Council approval for the appointment of Joseph Wetmore, 108 The Commons, to the Commons Advisory Board with a term to expire December 31, 1995. Resolution By Alderperson Shenk: Seconded by Alderperson Gray RESOLVED, That this Council approves the appointment of Joseph Wetmore to the Commons Advisory Board with a term to expire December 31, 1995. Carried Unanimously COMMUNICATIONS: Town of Ulysses Town Board Resolution re. Route 96 Project City Clerk Paolangeli read the following letter that was sent to Mayor Nichols from the Town of Ulysses Town Board, dated November 2, 1994: "Dear Mayor, Attached is a copy of a Certified Resolution that was adopted at the Town of Ulysses Regular Board meeting November 1, 1994. This is to be presented at your Common Council meeting tonight prior to the vote on the Octopus project. Marsha L. Georgia Ulysses Town Clerk CERTIFIED RESOLUTION RESOLVED, that the Town Board of the Town of Ulysses urges the City of Ithaca Common Council to approve the design of the Route 96 Octopus Project as presented without any major modifications. Carried Unanimously" PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Bicycle Path and Hog Hole Mr. Peter McDonald, 1110 North Tioga Street, member of the city's Conservation Advisory Council, spoke to Council concerning the City's recommendations for the Canal Recreationway Plan on tonight's agenda. He stated that he would like to bring the Council's attention to Item #6 of that resolution, which states "establishment of a bicycle/pedestrian trail system linking Ithaca's entire waterfront (including Cayuga Lake, the old Cayuga Inlet, and the Flood Control Channel)". Mr. McDonald stated that the Conservation Advisory Council thinks this is a worthy endeavor; however, the CAC is concerned that as it is worded it permits a path the entire length of the waterfront. The Conservation Advisory Council thinks it should only link green areas along the waterfront and not the entire length of the waterfront. November 2, 1994 Mr. McDonald stated that in regard to the Hog Hole, they believe the 12 acres should be preserved and the natural areas adjacent to the Hog Hole should also be protected. Suicide Barriers on Bridges Mr. Ken Plattner, 210 Thurston Avenue, requested Common Council to consider raising the railings on some of the bridges around Cornell University to help prevent the incidence of suicides. Mr. Dan Slattery, 209 Esty Street, police officer and a member of the Ithaca Police Department's Underwater Research and Recovery Team, spoke to Council with the hope of convincing them that these bridges are currently unsafe for pedestrians who are intoxicated, reckless or suicidal. He requested that Council take a serious look at the public safety issue of our bridges. He also requested that the Council consider, once again, the feasibility of installing barriers on these bridges to help to eliminate accidental deaths and provide potential suicidal victims more time that could ultimately save their lives. Mr. Brook Whitman, 105 Dewitt Place, spoke to Council in opposition to safety barriers on the bridges. Mr. John Cohen, 108 Ferris Place, spoke to Council in favor of the barriers for the bridges. Senior Citizens Softball Council Mr. Art Watkins, Titus Towers II, a member of the Senior Citizens Softball Council, spoke to Council regarding monetary support from the City and the County for the Senior Citizens Softball Council in the City of Ithaca and the fact that the City charges for the use of the ballfields. He urged Council to review this matter. Hunting at Treman Marina Mr. Stephen Cornman, Slaterville Road, spoke to Council in support of the Ordinance on tonight's agenda banning the firing of guns at any location in the City. He presented a petition with 600 signatures to ban hunting at Treman Marina. Canal Recreationway Plan Ms. Doria Higgins, representing Citizens to Save Our Parks, spoke to Council regarding Item 6 on the City's list of projects recommended for the State Recreationway. She stated that the item definitely needs clarification. She requested that Council re-word the resolution. Ms. Higgins commented on the recommendation from the Board of Public Works adding two more items to the list for the Recreationway. She urged Council to consider those items. Route 96 Mr. Neil Schwartbach, 107 Park Place, representing Robert G. Navarro, Principal of the Beverly J. Martin Elementary School, read a letter into the record regarding the impact of increased traffic on Buffalo Street because of NYS DoT's design plan for Route 96. He urged Council to make every attempt to incorporate the recommendations suggested by the Washington Park Neighborhood Association to help slow traffic on Buffalo Street. Mr. Tom Giventer, 119 Enfield Main Road, spoke to Council regarding the Route 96 project. He believes overall it is a good plan. He stated that he is not in favor of having the building by the bus station torn down for the project. Mr. Giventer commented on several other aspects of the project. The following persons spoke to Council citing numerous reasons they are against the Route 96 plan that is being voted on tonight: November 2, 1994 Becca Harber - 157 Eastman Hill Road, Willseyville Eileen Graham - 667 Chestnut Street Paul Glover - 203 College Avenue David Tyler - Trumansburg Fay Gougakis - 412 East Tompkins Street Paul Sayvetz - 201 Elm Street Tracy Farrell - Washington Park Neighborhood Association RESPONSE TO PUBLIC: Alderperson Mackesey thanked everyone who came to speak to Council. Bridge Barriers Alderperson Schroeder stated that the Board of Public Works will be looking at the issue of suicide barriers on the bridges. Alderperson Booth commented that he hopes the Board of Public Works will continue to study this matter and have some proposals by the time we consider capital projects next summer. REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Disability Advisory Council Alderperson Sams reported that at the Disability Advisory Council meeting today concerns were expressed over the Route 96 project. One of the major concerns was that there are steps proposed from Hector Street to Cliff Street. It was pointed out at the DAC meeting that for the State D.o.T. not to make it handicapped accessible was against the ADA laws. The DAC would like that matter looked into further. Alderperson Sams stated that the DAC recommended that there needs to be a walk light or a pedestrian cross at Cliff Street. The DAC wholeheartedly supports the Washington Park Association on the feelings of the community and the recommendations that they came forward with. The DAC strongly encourages the Common Council to look at the accessibility and pedestrian questions for the residential areas affected. Bicycle Advisory Council Mr. David Nutter, Chair of the Bicycle Advisory Council, noted that the BAC was not made aware of the proposal for the Canal Recreationway until the October meeting. Therefore, the BAC was not able to make a recommendation because they didn't have adequate information, as a group. Mr. Nutter stressed the importance of protection for the Hog Hole. He also noted that putting a bike/pedestrian path in Allen Treman Park does not necessarily mean having a paved path as there are ways that a path can be made without paving it. In fact, Fingerlakes State Parks is talking about making some wheelchair accessible paths. Mr. Nutter asked Council to consider delaying the Route 96 project because there still needs to be more input from the different committees and councils. He stated that traffic flow on Buffalo Street also needs to be studied in greater detail. Shade Tree Advisory Council Alderperson Hanna reported on the progress of the Shade Tree Advisory Council. He expressed appreciation for the work that the Shade Tree Advisory Council has done and that will be done in the near future. COMMUNICATIONS FROM THE MAYOR: Mayor's Budget Message Mayor Nichols read the following budget message into the record: November 2, 1994 "Last year we were able to present a budget for 1994 that required no increase in the property tax rate. However, this year we must face some harsh realities. The budget that we are presenting for 1995 requires an increase in the property tax rate of 7.5%, which equates to an increase of about 60 cents per thousand dollars of assessed value. For a property assessed at $100 thousand, the tax increase will be $60. The budget also requires an increase of 10% in the water rate and 10% in the sewer rate to pay for needed improvements. For the average homeowner this represents an increase of about $5 per quarter in water and sewer charges. The budget also calls for small increases in the rates for parking in the ramps and lots. There will be no change in the present cost of trash tags, which is a reduction from the charge at the beginning of 1994. Even to keep the property tax rate increase at 7.5% required major decreases in the department requests as well as the generation of other revenues. At the beginning of the budget balancing exercise, the projected tax increase was close to 30%. In addition the taxable assessed value of property in the City has decreased by about 1.5%, mostly because of court-mandated reductions in the assessments of certain large properties. Without that decrease, the tax rate increase would be 6.0%. We are projecting a sales tax increase of only about 1.2% for 1995. Meanwhile, just to maintain essential services and infrastructure the General Fund appropriations will increase by 4.37% over the budget adopted last year or by 3.64% of the 1994 budget as modified during the year. We appreciate the cooperation of department heads in working with us to keep the increase to that level. About 70% of the general fund budget goes for salaries and benefits for our employees. All of the negotiated increases are reflected in the budget except for those for firefighters. A sum has been included in our contingency account in anticipation of a contract with that union. Therefore, care should be taken in comparing the fire department budget for 1995 with that for 1994. The budget meets the basic needs of public safety. It includes the City's portion of the cost of adding three police officers for the purpose of increasing our efforts in community oriented police services. The budget includes continued support for youth programs of the Youth Bureau and GIAC. We are including a substantial increase in support of programs at the Southside Center. The funding of community service agencies has been increased including a sum to continue the Community-Police Advocacy Program. We recommend that repayments from the owners of the land under the Green Street garages to the IURA be used for promotion of downtown revitalization activities, including support for the visitor and ticket center in Clinton House and (in restricted contingency) for the Ithaca Performing Arts Center. The coming years will see major projects in our basic infrastructure. We will be studying the future of our water supply and upgrading our sewer collection and water distribution systems. These projects have been too long delayed. We will maintain our roads and bridges on a continuing basis. The Capital Program proposed for 1995 totals $2.9 million overall. The General Fund portion of $1.6 million is in keeping with our cautious level of programming implemented over the past several years. Again, we are retiring more General Fund debt ($2 million), than the $1.6 million proposed. The significant increase in Water and Sewer capital programming is a function of our deteriorating infrastructure. The Department of Public Works November 2, 1994 is attempting to coordinate with the New York State Department of Transportation in the interest of replacing as many depleted water sewer lines as possible during the Route 96 Construction Program. We believe this is a sound budget providing for the basic physical, safety, and social needs of the city in an economically responsible fashion. As we look to the future these needs will not be reduced. Additional revenues other than those from the property tax must be sought. We must pressure the state to restore the aid that was cut in 1990 and to provide for increases in that aid at least to match the inflation rate. We need to protect and increase our sales tax income. Finally we need to put pressure on Cornell University to pay sums in lieu of taxes for its non-academic property such as dormitories, fraternity houses, dining halls, and stores. As long as 58 percent of the assessed value of property in the City is exempt from property tax there will be an unfair burden put on the residents of the City. We hope that Council will join with me in calling on the Cornell administration to meet its responsibility to Ithaca, the community in which it lives." Route 96 Project Mayor Nichols stated that at the Committee of the Whole meeting last week, he presented a letter from Charles Moynihan, State Regional Director of the Department of Transportation, in which as a result of negotiations, Mr. Moynihan made many commitments to the city about changes in the details of the project. However, members of Council raised a number of other issues that they wanted clarified. There have been subsequent discussions and as a result we have received a revised letter. Mayor Nichols handed out copies of the revised letter from Mr. Moynihan and stated that the changes will be discussed as part of the Planning Committee agenda. Recess Common Council recessed at 9:00 p.m. and reconvened at 9:10 p.m. REPORT OF THE CITY ATTORNEY: Health Insurance for Domestic Partners City Attorney Guttman reported that in August the City received notification from Blue Cross that they would allow health insurance for domestic partners provided that an affidavit be executed and that there be very specific documentation regarding financial interdependence. The Mayor then wrote a letter to the General Counsel of the State Insurance Department protesting this and a few weeks ago the city received a letter from the Deputy Superintendent and General Counselor of the State of New York Insurance Department and she stated that because the City is self-insured in a municipal health plan, the city need not require that employees seeking coverage for domestic partners submit any unusual or special proof of financial interdependence and that Blue Cross was in error in requiring this. INTER-INSTITUTIONAL COMMITTEE: Nuisance Abatement Ordinance Alderperson Efroymson reported that the Nuisance Abatement Ordinance will be discussed at the next Inter-Institutional Committee meeting which will be held on November 15th. YOUTH COMMITTEE: Curfew - Report Alderperson Shenk reported that the Youth Committee held a public meeting on the curfew issue on October 13. Approximately forty- five persons spoke. Forty spoke against a curfew ordinance, with four or five speaking in favor of such an ordinance. The matter was tabled indefinitely. November 2, 1994 Discussion followed on the floor with several alderpersons stating their opinions of the proposed ordinance. ECONOMIC DEVELOPMENT COMMITTEE: * 17.1 Authorization to Submit Application to ARC for Day Care Project By Alderperson Mackesey: Seconded by Alderperson Johnson WHEREAS, the City is committed to the development of the Drop In Children's Center proposed day care facility, and WHEREAS, the City has demonstrated this commitment by providing the site, and financial support through City Capital Project #290 and Community Development Block Grant Fund, and WHEREAS, total project development and start up costs exceed the committed funds by approximately $80,000., and WHEREAS, this project is eligible for Appalachian Regional Commission funding and has been included on the list of projects proposed for ARC funding assistance by the Southern Tier Planning Board; now, therefore, be it RESOLVED, That the Common Council authorizes the Mayor, subject to the advice of the Director of Planning and Development and the City Attorney, to submit an application to ARC for $80,000 in funding assistance on behalf of the Drop In Children's Center and to execute all documents necessary to submit the application and implement the project if funded. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: *18.1 Finance Department - Controller - Request Approval of 1993 Single Audit By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Single Audit Report for the period of January 1, 1993 through December 31, 1993, prepared by the accounting firm of Ciaschi, Dietereshagen, Little and Mickelson C.P.A.'s, be accepted to comply with all of the City's applicable Federal Single Audit and related audit requirements. Carried Unanimously * 18.2 Finance Department - Chamberlain - Request Extension of Tax Redemption Period By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the property owner at 706 East Buffalo Street has requested an extension of time for property redemption from the 1991 City Tax Sale for the property at 706 East Buffalo Street, and WHEREAS, the Budget and Administration Committee has reviewed the request and recommends approval of the extension; now, therefore, be it RESOLVED, That the existing owner be permitted to redeem the property at 706 East Buffalo Street, up to May 26, 1995, for the total lien amount outstanding, plus additional interest penalty and related costs through the date of the redemption. Carried Unanimously * 18.3a Youth Bureau - Request to Amend Youth Bureau Acoustics/HVAC Project By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca Planning Department and Youth Bureau have received three project cost proposals from the Gent Engineering Firm for the Youth Bureau Acoustic and HVAC Remediation Capital Project, and WHEREAS, the costs of all three proposals were reviewed by the Planning Department, Youth Bureau, Controller's Office, and City November 2, 1994 Engineering Department, including construction costs, life expectancy costs, operating costs, and maintenance costs, and WHEREAS, the City staff recommends a total Capital Project for the Youth Bureau Acoustics and HVAC in the amount of $620,000, and WHEREAS, the recommended Capital Project includes the acoustic panel and tile remediation project and a ground source heat pump HVAC system with horizontal drop, and WHEREAS, Common Council has previously approved an amount of $182,000 for the Acoustic/HVAC System Project and the project inventory has a balance of $170,000; now, therefore, be it RESOLVED, That Capital Project #244 Youth Bureau Acoustics/HVAC be increased by an amount not to exceed $438,000, to a total project cost not to exceed $620,000 for the Acoustic and HVAC System Remediation, and be it further RESOLVED, That the funds for said project be financed through the issuance of Serial Bonds. * 18.3b Alternate Resolution Alderperson Mackesey introduced an alternate resolution which reads as follows: WHEREAS, it is proposed to expend $620,000 for renovations to the Youth Bureau Building, and WHEREAS, before such an additional large sum is invested in this building there should be additional consideration of alternative spaces and/or use of present buildings for youth programs that are more accessible; now, therefore, be it RESOLVED, That Common Council will defer action on the proposed renovations until such time as consideration to alternatives is completed but not later than the March meeting of Common Council, and be it further RESOLVED, That the Mayor appoint an ad-hoc committee to consider and make recommendations to Council. Extensive discussion followed on the floor. Youth Bureau Director Cohen handed out an information memo and spoke to Council regarding the Youth Bureau building and its various uses. Alderperson Efroymson suggested the following friendly amendment to the second Whereas clause of the alternate resolution: That in the third line after the word "programs" the following be added: "particularly ones that may be more accessible for city youth" and the words "that are more accessible" be deleted. Motion failed for lack of a second. Further discussion followed on the floor. Motion to Accept the Alternate Resolution By Alderperson Mackesey: Seconded by Alderperson Johnson RESOLVED, That this Council accepts the Substitute Resolution as presented by Alderperson Mackesey. Ayes (7) - Mackesey, Thorpe, Johnson, Sams, Efroymson, Gray, Schroeder Nays (3) - Booth, Hanna, Shenk Carried (7-3) Amending Resolution By Alderperson Booth: Seconded by Alderperson Hanna RESOLVED, That the last Resolved clause be changed to read as follows: November 2, 1994 "RESOLVED, That the Mayor appoint an ad-hoc committee to consider and make recommendations to Council, such committee to include at a minimum the Chairs of the Youth and Budget and Administration Committees of Common Council and the Department Heads from the Youth Bureau, the Planning Department and the Department of Public Works or their representatives." Ayes (2) - Booth, Hanna Nays (8) - Mackesey, Johnson, Schroeder, Gray, Sams, Thorpe, Efroymson, Shenk Motion Failed (2-8) A vote on the substitute resolution resulted as follows: Ayes (8) - Mackesey, Johnson, Schroeder, Gray, Sams, Thorpe, Efroymson, Shenk Nays (2) - Booth, Hanna Carried (8-2) * 18.4 DPW - Personnel Item - Executive Session This item was removed from the agenda. * 18.5 Planning Department - Request to Approve Bicycle Planning Consultant Contract This item was removed from the agenda. * 18.6 Finance Department - Controller - Request Authorization for 1994 Budget Transfers By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the City Controller be empowered to make transfers within the 1994 Budget appropriations, as needed, for the remainder of the 1994 Fiscal Year. Carried Unanimously * 18.7 Finance Department - Chamberlain - Request to Foreclose on Property Tax Lien - Possible Resolution No resolution presented on this item. * 18.8 An Ordinance Amending Section 210-32.3 "Fire Protection Systems" of Article V, Chapter 210 Entitled "Housing Standards" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Efroymson ORDINANCE 94-_____ An ordinance deleting Section 210-32.E in its entirety and replacing it with the following language: BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, that the current Section 210-32.E entitled 'Fire Protection Systems' be deleted in its entirety and the following language be inserted in the Municipal Code: 210-32.E Fire Protection Systems 1. Required Smoke /Heat Detectors (a) Objective and Intent - This section is intended to provide for a higher level of life safety in residential buildings in the City. These are buildings in which the early warning of fire would provide for a reduction in the potential for loss of life in a fire and reduce the amount of property loss by earlier notification of the Fire Department of fire events. (b) Smoke/Heat Detectors Mandatory in All Structures Used for Residential Purposes - The owner of any structure used wholly or partially for residential purposes within the City of Ithaca is required to install and maintain a smoke/heat detector or system November 2, 1994 in the structure in accordance with the requirements set forth below. 2. General Equipment, Installation, and Maintenance Requirements for Smoke/Heat Detectors and Smoke/Heat Detection Systems (a) Installation and Maintenance - All heat, fire, or smoke detection or alarm equipment installed in the City of Ithaca must meet either the Underwriters Laboratory, Factory Mutual, or other testing laboratory specifications approved by the Building Commissioner and must be installed and maintained in conformance with the requirements of this Section, the New York State Uniform Fire Prevention and Building Code, the applicable generally accepted standards and the manufacturer's instructions and specifications. Records of systems in multiple dwellings shall be kept as required by the New York State Uniform Fire Prevention and Building Code. (b) Operational Maintenance Required - The property owner shall ensure that all systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof, are maintained in operating condition at all times. 3. Required Installation Types (a) Charts of Installation Type - The charts appearing below, entitled respectively, "One Family [Household] dwelling Smoke/Heat Detector Minimum Requirements", "Two Family [Household] Dwelling Smoke/Heat Detector Minimum Requirements" and "Multiple Dwelling Smoke/Heat Detector Minimum Requirements" are incorporated into this municipal code for the purpose of describing the type and degree of smoke/heat detectors and systems that are required to be installed by this section [part]. The type of smoke/heat detector or system [fire protection] required varies with the intensity of the building's use, whether the owner occupies the building and the building's height in stories. Owners of buildings of the use and height as described in each of the top rows of the chart or charts shall install and maintain the type of smoke/heat [fire protection] detector(s) or system described in each [the] column immediately below the described use and height of the building. Wherever in this ordinance the owner is required to install a smoke/heat detector a smoke detector shall be installed unless the Building Commissioner has granted written permission to substitute [or required] a heat detector for a required smoke detector [to be installed]. For the purposes of applying the chart(s), the number of dwelling units shall be the number of dwelling units in a building, except that if an owner or person responsible for a building can present evidence that their building is divided into separate fire area(s) as defined by the New York State Uniform Fire Prevention and Building Code, then the number of unit(s) within each fire area shall be applied to the chart(s) to determine the appropriate column(s). Notwithstanding the above, the installation of additional Smoke/Heat detectors or system required by this section shall not apply to buildings which were constructed or converted as defined by the New York State Uniform Fire Prevention and Building Code between January 1 1984 and December 31, 1993 and which between January 1 1984 and December 31, 1993 received a certificate of occupancy certifying that the building met all applicable building and fire codes in effect at the time the certificate of occupancy was issued; provided however, if the Building Commissioner shall later determine that, for whatever reason, the building does not meet such codes and requirements, the Building Commissioner shall have the authority to require that the building be brought into compliance with such codes and requirements. This exemption does not relieve an owner from the requirements for maintenance and testing as required herein. November 2, 1994 (b) Independent Smoke/Heat Detectors - (1) Self-Contained (Battery powered), Independent Smoke/Heat Detectors - Where self-contained (battery powered) independent smoke/heat detectors are required by the chart, they shall be located to provide smoke detection coverage within each residential unit, so that at least one detector is installed on each floor level where there is habitable space or mechanical equipment other than electrical wiring and lighting, gas piping or plumbing without any connected energy utilization equipment or overcurrent devices. Each such detector shall provide an alarm where installed, and a detector shall be located within ten (10) feet of the entrance to every bedroom or other room used for sleeping purposes. Where detectors cannot be located as required above because of nuisance alarms, an exception to this location requirement may be approved in writing by the Building Commissioner. In determining whether to grant such an exception the Building Commissioner shall consider alternate arrangements that will provide adequate audibility and safety. (2) Independent Smoke/Heat Detectors Operating on Household Current - Where independent smoke/heat detectors which are connected to a building's electrical system are required by the chart, they shall be located to provide smoke detection coverage within each residential unit, so that at least one detector is installed on each floor level where there is habitable space or mechanical equipment other than electrical wiring and lighting, gas piping or plumbing without any connected energy utilization equipment or overcurrent devices. Each such detector shall provide an alarm where installed, and a detector shall be located within ten (10) feet of the entrance to every bedroom or other room used for sleeping purposes. Where detectors cannot be located as required above because of nuisance alarms, an exception to this location requirement may be approved in writing by the Building Commissioner. In determining whether to grant such an exception the Building Commissioner shall consider alternate arrangements that will provide adequate audibility and safety. (c) Interconnected, Independent Smoke/Heat Detectors Operating on Household Current - Where required by the chart, a system of interconnected independent smoke/heat detectors shall be installed to provide smoke detection coverage in the common areas of the [building] dwelling unit or lodging unit at each level that contains habitable space, as well as in basements, cellars and attics which contain mechanical equipment other than electrical wiring and lighting, gas piping or plumbing without any connected energy utilization equipment or overcurrent devices. Such interconnected detectors shall also include an interconnection to all detectors required by subsection 3(b)(2) of this section within the individual dwelling unit or lodging unit. Detectors shall contain an audible alarm or be connected to an audible alarm. These audible alarms must be capable of being heard within all habitable spaces in the building with the doors closed. When, in the opinion of the Building Commissioner, smoke detectors are located or are to be located in areas where conditions exist that have the potential to cause or have been demonstrated to cause nuisance alarms, the smoke detectors shall be replaced with heat detectors located in the required detector locations. If the Building Commissioner determines that the detectors will not be heard in all habitable spaces, an interconnection shall be made from a smoke/heat detector to a device or detector producing an audible sound which is located within the dwelling or lodging unit that will provide adequate audibility. Audibility will be determined as provided in generally accepted standards. Interconnected, independent smoke/heat detectors are not required in any [building] dwelling unit or lodging unit which has an approved complete-coverage, fire-suppression, sprinkler system that also sounds an alarm to warn building occupants of its activation; provided however, Independent Smoke/Heat Detectors Operating on Household Current November 2, 1994 or Self-Contained (Battery powered), Independent Smoke/Heat Detectors as described by subsection 3(b)(1) or 3(b)(2) of this section or by other applicable laws, codes or ordinances shall be installed in such dwelling unit or lodging unit. (d) Interconnected, Supervised Smoke/Heat Detectors - Where required by the chart interconnected, supervised smoke/heat detectors shall be installed to provide smoke/heat detection coverage within all rooms and spaces in each non-residential unit, as well as in basements, utility, heating, and storage rooms, and other similar spaces except those spaces which have been designated by the Building Department as not requiring protection and shall provide smoke/heat [fire] detection coverage in the common areas of the building at each level that contains habitable space, as well as in basements, cellars and attics which contain mechanical equipment other than electrical wiring and lighting, gas piping or plumbing without any connected energy utilization equipment or overcurrent devices. All detectors shall contain an audible alarm or be connected to an audible alarm. These audible alarms must be capable of being heard within all rooms in the building with the doors closed. Detectors of this type shall also be provided with a manual means of activating the alarm devices. A [The] manual activation means must be located at all primary exits at grade from the structure and at such locations as the Building Commissioner determines are appropriate to ensure the safety of the occupants of the building. When, in the opinion of the Building Commissioner, smoke detectors are located or are to be located in areas where conditions exist that have the potential to cause or have been demonstrated to cause nuisance alarms, the smoke detectors shall be replaced with heat detectors located in the required detector locations. If the Building Commissioner determines that the detectors will not be heard in all sleeping rooms, an interconnection shall be made from a smoke/heat detector to a device or detector producing an audible sound which shall be located to provide adequate audibility within all rooms. Audibility will be determined as provided in generally accepted standards. The system shall sound an audible signal which indicates a malfunction of the system. The audible trouble indication system may be supplemented with a visible signal that gives a continuing indication of the malfunction after the audible signal is silenced. This system shall also provide [be capable of providing] standby power to continue operation of the system on battery power when the building's electrical system is temporarily de-energized, as required by generally accepted standards. Interconnected, supervised smoke/heat detectors are not required in any building which has an approved complete-coverage, fire-suppression, sprinkler system that also sounds an alarm to warn building occupants of its activation; provided however, Independent Smoke/Heat Detectors Operating on Household Current or Self- Contained (Battery powered), Independent Smoke/Heat Detectors as described by subsection 3(b)(1) or 3(b)(2) of this section or by other applicable laws, codes or ordinances shall be installed in such a building. (e) Interconnected, Supervised Smoke/Heat Detectors with Automatic Fire Department Notification - Where required by the chart interconnected, supervised smoke/heat detectors shall be installed to provide smoke/heat detection coverage within all rooms and spaces in each non-residential unit, as well as in basements, utility, heating, and storage rooms, and other similar spaces except those spaces which have been designated by the Building Department as not requiring protection and shall provide smoke/heat [fire] detection coverage in the common areas of the building at each level that contains habitable space, as well as in basements, cellars and attics which contain mechanical equipment other than electrical wiring and lighting, gas piping or plumbing without any connected energy utilization equipment or overcurrent devices. [Where interconnected, supervised smoke/heat detectors are required by the chart they shall be installed in such a way as to provide smoke detector coverage in the common November 2, 1994 areas of the building, as well as in basements, utility, heating, and storage rooms, and other similar spaces except those spaces which have been designated by the Building Department as not requiring protection.] One detector shall also be located within each dwelling or lodging unit within ten feet of any grade level entrance door or any entrance door to a common means of exit. All detectors shall contain an audible alarm or be connected to an audible alarm. [The detection system shall be connected to an] These audible alarms must be capable of being heard within all habitable spaces and common areas with the doors closed. When, in the opinion of the Building Commissioner, smoke detectors are located or are to be located in areas that have the potential to cause or have been demonstrated to cause nuisance alarms, the smoke detectors shall be replaced with heat detectors located in the required detector locations. All detection systems required by this section shall be provided with approved zone reporting capacity to ensure rapid and efficient location of the source of the alarm by the Fire Department. The Fire Department shall approve the system's zone reporting assignments before any system is installed. This type of detection equipment shall also include a manual means of activating the alarm devices. A [The] manual activation means shall be located at all primary exits at grade from the structure and at such locations as the Building Commissioner determines are appropriate to ensure the safety of the occupants of the building and shall also be wired in such a way to provide automatic notification to the Fire Department when activated. If the Building Commissioner determines that the detectors will not be heard in all sleeping rooms, an interconnection shall be made from a smoke/heat detector to a device or detector producing an audible sound which shall be located to provide adequate audibility within all rooms. Audibility will be determined as provided in Generally Accepted Standards. The system shall sound an audible signal which indicates a malfunction of the system. The audible trouble indication system may be supplemented with a visible signal that gives a continuing indication of the malfunction after the audible signal is silenced. This system shall provide [be capable of providing] standby power to continue operation of the system on battery power when the building's electrical system is temporarily de-energized, as required by generally accepted standards. Interconnected, supervised smoke/heat detectors are not required in any building which has an approved complete- coverage, fire-suppression, sprinkler system that also sounds an alarm to warn building occupants of its activation; provided however, Independent Smoke/Heat Detectors Operating on Household Current or Self-Contained (Battery powered), Independent Smoke/Heat Detectors as described by subsection 3(b)(1) or 3(b)(2) of this section or by other applicable laws, codes or ordinance shall be installed. (f) Additional Non-required Detector coverage - Nothing in this section shall prevent an owner from installing a greater degree of smoke/heat detection than required by this ordinance so long as the additional equipment is installed and maintained as required by the manufacturer's specifications and generally accepted standards. Specifically permitted in lieu of the lesser requirements are the following: i. The substitution of Independent Smoke/Heat Detectors Operating on Household Current or Interconnected, Independent Smoke/Heat Detectors Operating on Household Current for Self- Contained (Battery powered), Independent Smoke/Heat Detectors; ii. The substitution of Interconnected, Supervised Smoke/Heat Detectors or Interconnected, Supervised Smoke/Heat Detectors with Automatic Fire Department Notification for Independent Smoke/Heat Detectors Operating on Household Current or Self-Contained (Battery powered), Independent Smoke/Heat Detectors as long as the system of detectors is designed to minimize nuisance alarms. November 2, 1994 (g) Existing Smoke/Heat Detectors - Smoke/Heat Detection Systems installed in Multiple Dwellings prior to the enactment of this section shall be maintained, replaced or upgraded as required [in such a way as to continue] to provide the smoke/heat detection coverage previously required for multiple residences and to provide the smoke/heat detection [shall be extended or enhanced, as needed, to provide the additional fire detection coverage as] required by this section [ordinance] and any other applicable section of law. Freon based systems do not meet the requirements of this section and shall be replaced with systems which meet the requirements of this section and other applicable sections of law. [These systems shall be replaced or upgraded to provide for supervisory functions in accordance with generally accepted standards.] 4. Smoke/Heat Detector requirements (a) Smoke Detector Types - Smoke detectors required under this section [ordinance] shall be of a type approved by the Building Commissioner as capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm in response to sensed particles. (b) Heat Detector Types - Heat detectors required under this ordinance shall be of a type approved by the Building Commissioner as capable of sensing an abnormal rise in temperature and providing a suitable audible alarm in response to the sensed rise in temperature. (c) Detector Location - Every detector required to be installed and maintained by this ordinance must be installed, maintained, and located in accordance with generally accepted standards and manufacturer's installation instructions, or in a manner otherwise approved by the Building Commissioner. Every such detector shall also be located in such a manner that the detector will be reasonably free from false alarms and provide visible indication that the alarm is energized, except that, [.] a battery operated smoke detector need not provide a visible indication that the detector is energized, as long as the detector visibly or audibly indicates the loss of battery power. (d) Detector Power Source - Each detector required by this section [ordinance] to be installed in existing one and two- story, one family dwellings [structures and side by side two household structures] and existing three (3) story owner-occupied one family dwellings may be powered either by battery or by household current derived from a lighting circuit. In order to prevent disablement of the detector [,] or system, in all other dwellings [types of structures], independent detectors or interconnected detectors shall be powered by household current derived from a lighting circuit and must be installed without an intervening wall switch and may not be connected to a separate breaker or fuse of the electrical system. Cord connected installations are not permitted. Detectors and related smoke/heat warning equipment shall be installed and wired in accordance with the manufacturer's instructions and [the] applicable generally accepted standards. 5. Inspection/Certification Requirements for Smoke Detection Systems (a) Certification of Supervised Smoke/Heat Detectors - Once each calendar year, the owner or person responsible for a structure protected by supervised smoke/heat detectors and/or systems, shall provide the Building Department with a Certificate of Approval, prepared by a licensed electrician or an individual approved by either the Building Commissioner or the Examining Board of Electricians, on a form supplied by the Building Department, certifying that the [detector or system has been tested by a licensed electrician and that the detector and all November 2, 1994 components of the] system [are] is in working order and maintaining the [detector or system's] intended level of fire safety. (b) Certification of Non-supervised Interconnected Smoke/Heat Detectors - Once each calendar year, the owner or person responsible for a structure protected by required non-supervised interconnected smoke/heat detectors and/or systems, excluding one and two family dwellings, shall provide the Building Department with a Certificate of Approval [Certification], on a form supplied by the Building Department, certifying that the system has been tested by a licensed electrician, an individual approved by either the Building Commissioner or the Examining Board of Electricians, or the owner or person responsible for the structure, and that the system is [all detectors in the structure are] in working order and [are] maintaining the [their] intended level of fire safety, provided however, that for good cause the Building Commissioner may, with respect to a particular structure or an individual, require that the system be certified by a licensed electrician or an individual approved by the Building Commissioner or the Examining Board of Electricians. (c) Inspection [Testing] of One and Two Family Dwelling [Structure] Detectors The owner, or person responsible, for any non-owner occupied one and two family structure which is not covered under section (a) or (b) above ((a) Certification of Supervised Smoke/Heat Detectors, (b) Certification of Non- supervised Interconnected Smoke/Heat Detectors) shall inspect the smoke/heat detectors installed in the dwellings [their structures] at least once each calendar year to verify that said detectors are in working order and are maintaining the [their] intended level of fire safety. (d) Certification After Repair - Any repair, alteration or modification to a supervised or non-supervised system shall necessitate a re-certification as provided above (sections 5(a) or 5(b)) of all circuits affected by such repair, alteration, or modification [of said system] upon the completion of the repair, alteration, or modification. The replacement of batteries in self contained independent (battery powered) smoke/heat detectors or the replacement of self contained independent (battery powered) smoke/heat detectors [battery operated units] shall not constitute a repair. (e) Additional Requirements - The certification requirements of this section are in addition to the installation and maintenance requirements of section 2(a) of this section and the requirements of section 146-7 of the Municipal Code. Certification performed pursuant to this section does not relieve the owner or person responsible from the obligations to properly install and maintain the equipment. 6. Word usage. For the purposes of this section, words in the present tense shall also imply the future tense; the singular includes the plural; and the plural includes the singular. 7. [6.] Effective Dates (a) Effective Date - This ordinance shall take effect immediately upon publication of a notice as required by the City Charter. (b) New and Converted Structures - All new or converted residential or mixed use structures shall comply with the provisions of this section upon construction or conversion of the structure. For the purposes of this section [ordinance], conversion shall mean that alterations have been made to a structure which is now covered by a column in the attached charts which was not previously applicable to the structure. November 2, 1994 (b) Existing Structures - Existing one and two-family structures, multiple dwellings, and mixed use structures shall comply with the provisions of this section by August 15, 1996, provided that the requirements of section 5 regarding Inspection/Re-certification Requirements shall be effective as of January 1, 1995. ORDINANCE NO. 94 -_____ AN ORDINANCE AMENDING SECTION 210-5: BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, that the following definitions found in Section 210-5 of the Municipal Code be amended as follows: Dwelling Unit - One or more rooms designed or used for living quarters by one household, including provisions for living, cooking, sanitary and sleeping facilities and having a separate entrance from the outside of the building or through a common hall. [For purposes of this chapter, a dwelling unit includes those portions of the building used for access to the living quarters and any ancillary spaces, such as laundry rooms, mechanical rooms and similar spaces with the building that are used by or support the occupants of the unit.] Generally Accepted Standard - A specification, code, rule, guide or procedure in the field of construction and fire prevention or related thereto, recognized and accepted as authoritative, which includes the list of reference standards in Title 9 New York Code Rules and Regulations (New York State Uniform Fire Prevention and Building Code) as of September 1, 1994 [December 1, 1993]. [Side by side, Two Family dwelling - A building containing two dwelling units which are separated from each other by a vertical wall without openings. In this type of building there are no habitable spaces which are under the sole control of one of dwelling units located above another space under the sole control of the other dwelling unit.] Effective date: This Ordinance shall take effect immediately upon publication of a notice as required by the City Charter. Extensive discussion followed on the floor. Motion to Postpone By Alderperson Hanna: Seconded by Alderperson Johnson RESOLVED, That the Ordinance amending Section 210-32.3 "Fire Protection Systems" of Article V, Chapter 210 entitled "Housing Standards" of the City of Ithaca Municipal Code be postponed until the December Common Council meeting and that a press release be provided containing a comparison chart and financial information. Discussion followed on the floor with Building Commissioner Eckstrom and Fire Chief Wilbur giving input on the matter of the ordinance. A vote on the motion to postpone resulted as follows: Ayes (8) - Hanna, Johnson, Efroymson, Booth, Sams, Gray, Thorpe, Schroeder Nays (2) - Mackesey, Shenk Carried (8-2) * 18.9 Mayor's Proposed Budget By Alderperson Booth: Seconded by Alderperson Shenk November 2, 1994 RESOLVED, That the Mayor's proposed Budget for 1995 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 members 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 Unanimously * 18.10 Executive Session - Personnel This item will be discussed at the end of the meeting in Executive Session. PLANNING COMMITTEE: * 19.1 Route 96 Project Final Approval a. Approval of Arterial Plans and Specifications By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, the N.Y.S. Department of Transportation has proposed a state arterial project called the "Route 96 Improvement Project" in the City of Ithaca, Tompkins County, Project Identification Number 3047.04, and WHEREAS, this project involves the reconfiguration of Route 13 in Ithaca's West End into a one-way pair, the construction of new Route 89 and Route 96 bridges over the Flood Control Channel, the rehabilitation of the existing State Street bridge over the Flood Control Channel, and the rebuilding of three bridges over the old Cayuga Inlet, and WHEREAS, this project contains all essential elements of the plan called "Alternative A With Optional Route 89 Alignment" endorsed unanimously by the Common Council of the City of Ithaca by resolution on October 4, 1989 and November 1, 1989, and WHEREAS, this project will effectively address the long-standing problems of traffic congestion on Route 13 in the West End and at the confusing intersection known locally as the "Octopus," and WHEREAS, this will be accomplished without the negative impacts of building highway overpasses or building a new highway corridor up West Hill, which were components of competing alternatives considered by the State in the late 1980s, and WHEREAS, the current project will also have a much lower environmental impact than some Route 96 options considered at other times by the State in the decades since 1946, when the State first began work on proposed Route 96 solutions, and WHEREAS, the State, working with the City, has over the past few years incorporated numerous amenities and enhancements into the project, including: (1) A landscape plan calling for the planting of over 400 street trees plus other ornamental plantings throughout the project, with existing trees to be preserved or transplanted wherever feasible; (2) A greatly improved Meadow Street streetscape, including flowering trees and brick-paved curblawns along five blocks now almost totally devoid of amenities; (3) The provision of bridge designs evoking the traditional style of downtown Ithaca bridges, including concrete railings with arched openings and cast-iron lanterns, November 2, 1994 the new Route 89 and 96 bridges additionally featuring sculptural piers to be designed by a local artist; (4) The inclusion of sidewalks throughout the project, with additional pedestrian amenities wherever possible such as planted curblawns separating sidewalks from roadways and curb extrusions at intersections; (5) The accommodation, under the east end of the new Route 89 bridge, of a walkway essential to implementation of the Inlet Island Land Use Plan; (6) The provision of outside fourteen-foot-wide traffic lanes throughout the project (with such provision on three blocks of Fulton Street being dependent on receipt of a necessary waiver), to safely accommodate bicyclists sharing these outside lanes with motorists; (7) The inclusion of bicycle/pedestrian connections between the Black Diamond Trail and the new Route 89 bridge; (8) The elimination of unnecessary street widening in numerous locations, including along residential streets; and WHEREAS, the State has provided the City with a letter (from Regional Director of Transportation Charles E. Moynihan to Mayor Benjamin Nichols dated November 1, 1994) documenting certain commitments by the Department of Transportation to the City regarding the Route 96 Improvement Project, and WHEREAS, this letter is attached to and made a part of this resolution; now, therefore be it RESOLVED, That in consideration of the above, including the State commitments documented in the attached letter, and pursuant to subdivision 2.5 of section 349-c of the Highway Law, the designs, plans, and specifications in the contract documents (dated November 17, 1994, a copy of which will be on file in the City Clerk's Office) for the work of construction, reconstruction or improvement of the above described arterial highway, as authorized in Section 349-c of the Highway Law, are hereby approved, and be it further RESOLVED, That the Mayor be authorized and directed to execute any agreements necessary to carry out this resolution, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Extensive discussion followed on the floor. Alderperson Schroeder requested that the text of Mr. Moynihan's November 1 letter to Mayor Nichols appear as an intregral part of the resolution. Amending Resolution By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That a new Resolved clause be added as Resolved clause #2 to read as follows: "RESOLVED, That the City makes a commitment to provide traffic calming measures in residential neighborhoods likely to be affected by this project." Carried Unanimously Amending Resolution November 2, 1994 By Alderperson Schroeder: Seconded by Alderperson Shenk RESOLVED, That a new Whereas clause be added to the resolution following Item #8 to read as follows: "WHEREAS, Common Council continues to believe that a traffic signal is necessary at the intersection of Cliff Street and Park Road to provide safe passage for pedestrians and bicyclists and to fulfill ADA requirements concerning the connection between the Hector Street sidewalk and the Black Diamond Trail." Extensive discussion followed on the floor. Alderperson Efroymson presented the following Resolved clause: "RESOLVED, That the City require that the State follow through on all ADA requirements for this project including but not limited to handicapped accessibility from Hector Street sidewalk to Park Road." Alderperson Booth suggested that there be an additional Resolved clause to read as follows: Amending Resolution By Alderperson Booth: Seconded by Alderperson Hanna RESOLVED, That there be a new Third Resolved clause to read as follows: "RESOLVED, This approval by Common Council is contingent upon Common Council's conclusion that D.o.T. is obligated to, and will, pursue aggressively compliance with ADA requirements in all stages of this project." Carried Unanimously A vote on Alderperson Schroeder's amending resolution adding a Whereas clause after Item #8 resulted as follows: Carried Unanimously Further discussion followed on the question of handicapped accessibility. Main Motion as Amended A vote on the Main Motion as Amended resulted as follows: Ayes (9) - Booth, Schroeder, Hanna, Johnson, Efroymson, Shenk, Thorpe, Gray, Mackesey Abstention (1) - Sams Carried (9-0-1) The Amended Resolution shall read as follows: * 19.1 Route 96 Project Final Approval a. Approval of Arterial Plans and Specifications WHEREAS, the N.Y.S. Department of Transportation has proposed a state arterial project called the "Route 96 Improvement Project" in the City of Ithaca, Tompkins County, Project Identification Number 3047.04, and WHEREAS, this project involves the reconfiguration of Route 13 in Ithaca's West End into a one-way pair, the construction of new Route 89 and Route 96 bridges over the Flood Control Channel, the rehabilitation of the existing State Street bridge over the Flood Control Channel, and the rebuilding of three bridges over the old Cayuga Inlet, and WHEREAS, this project contains all essential elements of the plan called "Alternative A With Optional Route 89 Alignment" endorsed unanimously by the Common Council of the City of Ithaca by resolution on October 4, 1989 and November 1, 1989, and November 2, 1994 WHEREAS, this project will effectively address the long-standing problems of traffic congestion on Route 13 in the West End and at the confusing intersection known locally as the "Octopus," and WHEREAS, this will be accomplished without the negative impacts of building highway overpasses or building a new highway corridor up West Hill, which were components of competing alternatives considered by the State in the late 1980s, and WHEREAS, the current project will also have a much lower environmental impact than some Route 96 options considered at other times by the State in the decades since 1946, when the State first began work on proposed Route 96 solutions, and WHEREAS, the State, working with the City, has over the past few years incorporated numerous amenities and enhancements into the project, including: (1) A landscape plan calling for the planting of over 400 street trees plus other ornamental plantings throughout the project, with existing trees to be preserved or transplanted wherever feasible; (2) A greatly improved Meadow Street streetscape, including flowering trees and brick-paved curblawns along five blocks now almost totally devoid of amenities; (3) The provision of bridge designs evoking the traditional style of downtown Ithaca bridges, including concrete railings with arched openings and cast-iron lanterns, the new Route 89 and 96 bridges additionally featuring sculptural piers to be designed by a local artist; (4) The inclusion of sidewalks throughout the project, with additional pedestrian amenities wherever possible such as planted curblawns separating sidewalks from roadways and curb extrusions at intersections; (5) The accommodation, under the east end of the new Route 89 bridge, of a walkway essential to implementation of the Inlet Island Land Use Plan; (6) The provision of outside fourteen-foot-wide traffic lanes throughout the project (with such provision on three blocks of Fulton Street being dependent on receipt of a necessary waiver), to safely accommodate bicyclists sharing these outside lanes with motorists; (7) The inclusion of bicycle/pedestrian connections between the Black Diamond Trail and the new Route 89 bridge; (8) The elimination of unnecessary street widening in numerous locations, including along residential streets; and WHEREAS, Common Council continues to believe that a traffic signal is necessary at the intersection of Cliff Street and Park Road to provide safe passage for pedestrians and bicyclists and to fulfill ADA requirements concerning the connection between the Hector Street sidewalk and the Black Diamond Trail, and WHEREAS, the State has provided the City with a letter (from Regional Director of Transportation Charles E. Moynihan to Mayor Benjamin Nichols dated November 1, 1994) documenting certain commitments by the Department of Transportation to the City regarding the Route 96 Improvement Project, and November 2, 1994 WHEREAS, this letter is attached to and made a part of this resolution; now, therefore be it RESOLVED, That in consideration of the above, including the State commitments documented in the attached letter, and pursuant to subdivision 2.5 of section 349-c of the Highway Law, the designs, plans, and specifications in the contract documents (dated November 17, 1994), a copy of which will be on file in the City Clerk's Office) for the work of construction, reconstruction or improvement of the above described arterial highway, as authorized in Section 349-c of the Highway Law, are hereby approved, and be it further RESOLVED, That the City makes a commitment to provide traffic calming measures in residential neighborhoods likely to be affected by this project, and be it further RESOLVED, This approval by Common Council is contingent upon Common Council's conclusion that D.o.T. is obligated to, and will, pursue aggressively compliance with ADA requirements in all stages of this project, and be it further RESOLVED, That the Mayor be authorized and directed to execute any agreements necessary to carry out this resolution, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. The letter which is attached to and made a part of this resolution reads as follows: "November 1, 1994 Honorable Benjamin Nichols Mayor, City of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Mayor Nichols: I am writing this letter in order to document the understanding I have of our discussion of October 20, 1994. Furthermore, this letter will serve to document the commitments of the Department of Transportation with regard to this project. This letter incorporates revisions and/or deletions to the Department's letter dated October 25, 1994 to further clarify certain issues as requested by your letter dated October 27, 1994. 1. The first item discussed was the effect of the NYS Vehicle and Traffic Law upon City control of its local streets, especially with regard to parking along, and traffic influences upon, Buffalo Street. The Department cannot abdicate its responsibilities in this area but at the same time it must and will be committed to acknowledge local concerns and work with the City in its efforts with regard to traffic control. The Department will commit to obtaining City agreement with any future changes to local streets intersecting the arterial highways. The Department recognizes that subsequent to the construction of the project the City has absolute control over all lane and parking arrangements on City streets intersecting Meadow Street in the area more than 100 feet east of Meadow Street measured from the east curb line. In response to the concerns along Buffalo Street east of Meadow Street, the Department will modify the design plans to avoid the elimination of any parking along the north side of Buffalo east of Meadow. Parking along the south side of Buffalo Street east November 2, 1994 of Meadow will only be eliminated so as to allow the creation of a safe taper for traffic to follow once it is clear of the intersection for approximately 240 feet back from curb line. See attached plan. [This plan is on file in the City Clerk's Office.] 2. The intersection of Park Road and Route 96 and the need to facilitate the movement of pedestrians, in addition to motor vehicles, at this location was the next subject we discussed. The Department is committed to using the traffic control device it determines to be best suited for the good operation and safety of motorists, bicycles, and pedestrians at this location. The Department, like the City, is particularly sensitive to the safety of all pedestrians, especially children. To this end, stairs will be provided between the State Street Bridge and the new Route 96 bridge. Please include these stairs for City maintenance as part of the sidewalk maintenance resolution. The Department will monitor the operation of this intersection after it is built and will commit to maintain and update the traffic control devices as conditions warrant. 3. The Department acknowledges the City's concern over the lack of a continuous 14 foot wide right hand lane along Fulton Street from its intersection with Meadow Street in the north to the point where it again intersects with Meadow Street to the south. The Regional Office will commit to seeking approval for a waiver from design standards to allow for the provision of 14 foot right hand lanes. Specifically, the Region will seek both an exception to the railroad clearance standard and an exception to design standards for minimum lane widths. The plans will be modified to provide 14 foot right lanes upon receipt of the necessary approvals. In any case, the 14 foot right hand lane will be provided in the blocks where the railroad clearance standard is not an issue. 4. The Department will, as per our discussion, retain ownership and maintenance responsibilities for the section of Route 89 extending from Buffalo Street to Cass Park where we tie into existing Park Road/Taughannock Blvd., including the new bridge over the flood control channel. We are committed to working with the City in its efforts to redevelop Inlet Island and expect to permit access and curb cuts to Route 89 that are safe and workable for future development and for the operation of Route 89. Furthermore, if the City demonstrates that another bridge over the Cayuga Inlet is needed, the Department will support the City's efforts to add a project, for this purpose, to the Transportation Improvement Program of the Ithaca Tompkins County Transportation Council. The Department realizes that in all likelihood it would design and construct that project. The Department will transfer to the City the triangle of land east of the new intersection of Route 89 and the dead end portion of Old Taughannock Boulevard which is not needed for the right of way of these roadways. 5. The Regional Office intends to install the cast iron drainage grates with a roughened surface requested by the City providing these grates meet the hydraulic requirements of the drainage system, as designed. The Regional Office is seeking approval to provide these proprietary grates. The Department's intent is to provide grates which are bicycle safe and hydraulically adequate. 6. a) All signalized intersections will include pedestrian activations. b) We are continuing to research the state of the art regarding audible signals. With the expected approval of audible signals as a legal traffic control device in New York State, we November 2, 1994 will install these devices at the eight locations requested by the City. This includes the two experimental "talking signals". c) We will provide a set green phase on all minor streets intersecting major streets to allow for pedestrian and bicycle movements, or, as an alternative, we will utilize new technology to detect bicyclists on the minor streets. 7. The Department will modify the design plans, as shown in the attached plan, to allow vehicles eastbound on Buffalo Street to enter the Greenstar (Slottje) property. [This plan is on file in the City Clerk's Office.] 8. The Department will provide a sidewalk connection between the Cayuga Inlet Trail and the sidewalk coming off the Route 96 bridge. 9. The Department agrees to utilize form liners to produce a desired rough surface for the central piers and abutments of the new Route 89 and 96 bridges. City approval of the form liner to be used will be obtained to ensure that the desired effect is obtained. The City will be responsible for any cost above $20,000 for this item. 10. The Department will commit to utilizing project funds to replace or repair all City utilities disturbed during the construction of the project. We will continue discussion with the City regarding the city's replacement of utilities concurrent with the construction of the project. The contract will be let and the construction staged in a manner that will allow the repair and/or replacement of utilities concurrent with the construction. Please call me if further discussions or clarifications of any of the above is desired. I look forward to the continuation of the cooperative fruitful working relationship between the City and the Department. Very truly yours, Charles E. Moynihan, P.E. Regional Director of Transportation" b. Agreement by City Not to Permit Encroachment Upon the Right- of-Way By Alderperson Schroeder: Seconded by Alderperson Hanna WHEREAS, the State Department of Transportation has notified the Common Council of the City of Ithaca of the preparation of plans and specifications for the Route 96 Improvement Project, City of Ithaca, Tompkins County, Project Identification Number 3047.04, and has made known its intention of advertising a contract for the improvement of the same and has requested an agreement from the Council to the effect that, in the future, authorities of this municipality will not permit an encroachment upon the right- of-way of said highway or street within the corporate limits of the City of Ithaca, and WHEREAS, such agreement will not prevent the City or any private entity from applying to the Department of Transportation for encroachment agreements in the future; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby agree with the State Department of Transportation that the authorities of this municipality will not in the future permit any encroachment upon the right-of-way of said highway, and be it further November 2, 1994 RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Carried Unanimously Alderperson Booth asked that the record reflect that this does not apply to curb cuts. c. Agreement by City to Maintain Sidewalks By Alderperson Schroeder: Seconded by Alderperson Hanna WHEREAS, the New York State Department of Transportation proposes the construction of the Route 96 Improvements in the City of Ithaca, Tompkins County, and WHEREAS, the State will include as part of the construction, reconstruction, or improvement of the above-mentioned project the construction of sidewalks pursuant to Section 10, subdivision 22, Section 46, or Section 349-c of the Highway Law, and will provide for the removal, relocation, replacement and construction of existing or new sidewalks pursuant to Section 10, subdivision 24 of the Highway Law, as shown on the contract documents relating to the project, and WHEREAS, the State Department of Transportation has agreed that these contract plans (unlike plans shown to the City so far) will show and specify that--whenever possible--sidewalks to be built or reconstructed as part of this project will be placed as far back from the street or highway pavement as practicable, such that curb lawns (and, where possible, curb lawns with trees) will separate these sidewalks from the street or highway pavement; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca approve the removal, relocation, replacement and construction of such existing or new sidewalks, including the new stairs to be built between the existing State Street bridge and the new Route 96 bridge on the west side of the Flood Control Channel, as shown on the project contract documents and that the City of Ithaca will maintain or cause to be maintained these relocated, replaced or new sidewalks and the above stairs as shown on the contract documents (dated November 17, 1994), including the control of snow and ice, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Alderperson Sams stated that she objects to the stairs being built because she feels that she has a responsibility to the Disability Advisory Council and stairs would not be fair for disabled persons. A vote on the resolution resulted as follows: Ayes (9) - Schroeder, Johnson, Booth, Hanna, Shenk, Mackesey, Thorpe, Efroymson, Gray Nay (1) - Sams Carried (9-1) d. Agreement by City to Maintain New Parking Lot Located at the Corner of Court Street and Fulton Street By Alderperson Schroeder: Seconded by Alderperson Hanna WHEREAS, the New York State Department of Transportation proposes the construction of Route 96 Improvements, PIN 3047.04, in the City of Ithaca, Tompkins County, and WHEREAS, the State will include as part of the above-mentioned project the construction of a parking lot at the corner of Court Street and Fulton Street pursuant to Section 10, Subdivision 39, November 2, 1994 of the Highway Law as shown on the contract documents relating to the project, and WHEREAS, D.o.T. officials stated at the October 17, 1994 Planning Committee meeting that the State intends to deed this parking lot over to the City at the conclusion of its construction of the Route 96 Improvements; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca approves the construction of such parking lot shown on the contract documents (dated November 17, 1994) relating to the project, and that the City of Ithaca agrees to maintain, or cause to be maintained, the parking lot as per the *attached Maintenance and Operation Agreement, and be it further RESOLVED, That the Mayor, upon the advice of the Superintendent of Public Works and the City Attorney, be authorized to sign this Maintenance and Operation Agreement, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Discussion followed on the floor. Alderpersons Thorpe, Sams, and Johnson noted their objections to a provision of the contract between the City and the State regarding international boycotts. * This Agreement is on file in the Office of the City Clerk. Alderperson Booth wished to note in the record that his understanding is that federal requirement imposes limits on the city's ability to set fees. A vote on the resolution resulted as follows: Carried Unanimously e. Agreement by City to Maintain Certain City-Owned or City- Maintained Roadways Which Are Being Improved With Federal Funds By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, the New York State Department of Transportation's Route 96 Improvement Project, City of Ithaca, Tompkins County (designated as New York project identification number 3047.04) includes the use of federal funds to improve portions of certain roadways and portions of one bikeway owned or maintained by the City of Ithaca, and WHEREAS, the affected portions of roadway are on Park Road, Titus Avenue, Clinton Street, State Street, Seneca Street west of Fulton Street, Buffalo Street east of Meadow Street, Court Street, Esty Street, Cascadilla Street, Taughannock Boulevard from State Street to Buffalo Street and the dead-end street called Old Taughannock Boulevard on Inlet Island, and WHEREAS, the relevant portions of bikeway are on the trail extending from the State Street bridge to Cass Park on the west side of the Flood Control Channel, and WHEREAS, federal funds can only be used to improve the affected portions of these roadways and this bikeway as part of this project if: (1) The City of Ithaca requests the Department of Transportation to submit the aforementioned project to the Federal Highway Administration and recommends that this project be approved by the Administrator of the United States Federal Highway Administration; and November 2, 1994 (2) The City of Ithaca agrees to thereafter, at its own cost and expense, maintain these roadways and this bikeway in a manner satisfactory to the Department and the Administrator of the United States Federal Highway Administration, or their authorized representatives, and make ample provision each year for such maintenance, and WHEREAS, the New York State Department of Transportation has submitted to the Ithaca City Common Council a proposed agreement by which the City of Ithaca agrees to the above two provisions; now, therefore, be it RESOLVED, That the City of Ithaca agrees to maintain the portions of roadways and portions of bikeway as listed above and guarantee the maintenance of these when constructed, and pay the cost of such maintenance, and maintain them in a manner satisfactory to the New York State Department of Transportation or its authorized representatives, and make ample provisions each year for such maintenance, and be it further RESOLVED, That the Common Council of the City of Ithaca requests the New York State Department of Transportation to submit the Route 96 Improvement Project to the Administrator of the United States Federal Highway Administration, and recommends that this Administrator approve the same for construction with funds apportioned to the State for construction of highways and related projects under the provisions of Federal Highway Acts, and be it further RESOLVED, That the Mayor is hereby authorized to sign the *attached "Agreement by Municipality or Political Subdivision to Maintain Roadways, Wherein Federal Funds are Involved," as required by the Department of Transportation and the Administrator of the United States Federal Highway Administration, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Carried Unanimously * This Agreement is on file in the Office of the City Clerk. f. Incorporation of Municipal Work: Sculptural Piers By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, Section 10, Subdivision 27 of the New York Highway Law provides, in part, that the Commissioner of Transportation shall have power, upon the request of the municipality, to perform any work of construction or reconstruction, including the removal and relocation of facilities, provided the Commissioner of Transportation deems it practicable to perform such work in connection with the performance of any work of construction, reconstruction, or improvement, and WHEREAS, the State of New York is presently preparing contract documents for the construction of Route 96 Improvements, PIN 3047.04, which involves construction of sculptural piers on the new Route 89 and Route 96 bridges to be built over the Flood Control Channel as part of the project, and it has been agreed that the Department will include a fixed lump sum share of $20,000 in the contract documents for this purpose, and WHEREAS, by previous resolution, the Common Council has stated its allocation of funds for the construction of these sculptural piers will not exceed $20,000; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca agrees that the State of New York project share for the sculptural piers will be limited to $20,000, and that the City of Ithaca shall be responsible for maintaining the sculptural piers as stated above November 2, 1994 and as shown on the contract documents (dated November 17, 1994), including the control of snow and ice, subsequent to the construction thereof, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Carried Unanimously g. Incorporation of Municipal Work: Landscaping on Traffic Islands By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, Section 10, Subdivision 27 of the New York Highway Law provides, in part, that the Commissioner of Transportation shall have power, upon the request of the municipality, to perform any work of construction or reconstruction, including the removal and relocation of facilities, provided the Commissioner of Transportation deems it practicable to perform such work in connection with the performance of any work of construction, reconstruction, or improvement, and WHEREAS, the State of New York is presently preparing contract documents for the construction of Route 96 Improvements, PIN 3047.04, which involves the construction of raised islands at the intersections of Meadow/Clinton/Fulton Streets and Meadow/Hancock Streets, and it has been agreed that the Department will include low-growth landscaping in these island areas, and WHEREAS, the State's design for these islands minimizes future maintenance requirements through the use of decorative masonry pavers as well as plantings on the interior areas of these islands; now, therefore, be it RESOLVED, That the City of Ithaca shall be responsible for maintaining the landscaping in the island areas as stated above and as shown on the contract documents (dated November 17, 1994), subsequent to the construction thereof, and be it further RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Carried Unanimously h. Incorporation of Municipal Work: Sanitary Sewer Betterment By Alderperson Schroeder: Seconded by Alderperson Johnson WHEREAS, Section 10, Subdivision 27 of the New York Highway Law provides, in part, that the Commissioner of Transportation shall have power, upon the request of the municipality, to perform any work of construction or reconstruction, including the removal and relocation of facilities, provided the Commissioner of Transportation deems it practicable to perform such work in connection with the performance of any work of construction, reconstruction, or improvement, and WHEREAS, the State of New York is presently preparing contract documents for the construction of Route 96 Improvements, PIN 3047.04, and the State has determined that it must, as a project expense, relocate a sanitary sewer main on Inlet Island (in the area of the Station Restaurant and the approach to the new Route 89 bridge), and WHEREAS, the Department of Public Works recommends the City pay the State to include, as part of the Route 96 Improvement Project, the installation of a new eighteen-inch sanitary sewer main on the new Route 96 bridge over the Flood Control Channel, such installation not being required as part of the State's project and hence being a "betterment" to the City, and WHEREAS, installation of this new main will connect the sanitary sewer lines to the east and west of the Flood Control Channel in November 2, 1994 a more efficient manner than the existing sanitary sewer siphon connection under the Channel, and WHEREAS, the Department of Public Works further recommends that the cost of this betterment be partially offset by the labor of City crews, who would relocate the Inlet Island sanitary sewer main, instead of this work being done by the State's contractor, and WHEREAS, according to State estimates, installation of the new sanitary sewer main on the Route 96 bridge will cost $88,700, as a betterment to the City, and the offsetting Inlet Island sanitary sewer main relocation would cost $65,000, to be credited to the City, leaving a balance of $23,700 in betterment costs to be paid by the City to the State, and WHEREAS, the State has agreed to this proposed arrangement, and WHEREAS, the State has also agreed to: (1) Construct, as a project expense, a twelve-inch water main across the existing State Street bridge over the Flood Control Channel to mitigate the prolonged disruption of water main services across all three bridges over the old Cayuga Inlet; (2) Replace, as a project expense, an eight-inch water main on Seneca Street with a twelve-inch water main, to help render more expensive temporary water hook-ups during reconstruction of nearby bridges unnecessary; (3) Relocate, as a project expense, the sanitary sewer main from Floral Avenue and Elm Street to the siphons under the Flood Control Channel, because of conflicts with abutment construction and earth settlements; and WHEREAS, the State has also agreed to absorb the additional costs involved in the replacement and/or repair of City utilities disturbed as part of the project; now, therefore, be it RESOLVED, That in consideration of the above, including but not limited to the State D.o.T.'s agreement to satisfy the commitments stated in the November 1, 1994 letter from Regional Director of Transportation Charles E. Moynihan to Mayor Benjamin Nichols, the Common Council of the City of Ithaca agree to the arrangement concerning utilities described in detail above, and be it further RESOLVED, That the Common Council agree to pay the State the balance of $23,700 (or the net difference as bid) in betterment costs for the installation of the eighteen-inch sanitary sewer main on the Route 96 bridge, such funds to be derived from Capital Project 603, and be it further RESOLVED, that the City Clerk is hereby directed to transmit five (5) certified copies of the foregoing resolution to the State Department of Transportation. Carried Unanimously i. Reuse of Historic Seneca Street Bridge Trusses By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, the New York State Department of Transportation will be replacing the Seneca Street Bridge over the old Cayuga Inlet, in the course of the Route 96 Improvement Project, and WHEREAS, this bridge is of local importance and interest having been manufactured in 1908 by the Groton Bridge Company in a striking truss design that is gradually becoming less common, and WHEREAS, the City has expressed interest in seeing the bridge trusses reused within the City, and November 2, 1994 WHEREAS, the Department of Transportation has indicated its willingness to have all or parts of the structure salvaged and relocated, as part of the Route 96 Improvement Project, to a location designated by the City, and WHEREAS, several possible locations and uses have been considered by the Board of Public Works and the Planning Committee, and both groups have concluded that the most desirable use of the Seneca Street bridge trusses would be as components of a structure needed to carry Finger Lakes State Parks' Black Diamond Trail across the Cayuga Inlet at the N.Y.S. Department of Environmental Conservation fish ladder and drop structure, and WHEREAS, State Parks has indicated its willingness to consider such use as it develops its plans for the Black Diamond Trail; now, therefore, be it RESOLVED, That Common Council endorse the proposal to turn these trusses over to Finger Lakes State Parks for use in the bicycle and pedestrian bridge that will carry the Black Diamond Trail over the Cayuga Inlet near the fish ladder and drop structure, and be it further RESOLVED, That the Superintendent of Public Works be directed to coordinate with State Parks on this matter to determine whether such use is in fact reasonable and acceptable, and be it further RESOLVED, That the Department of Transportation be authorized to relocate the salvaged Seneca Street bridge trusses to the City- owned property (Tax Parcel No. 96-2-5.12) north of Southwest Park, for reuse at the earliest possible time. Carried Unanimously j. Request that the Ithaca-Tompkins County Transportation Council Coordinate the Establishment of a Park-and-Ride System in Mitigation of Route 96 Improvement Project Construction By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, the reduction of traffic volume through the use of a coordinated park-and-ride system has long been identified as an important mitigation for some of the long-term and construction- related impacts of the three-year Route 96 Improvement Project, and WHEREAS, an ongoing, adequately-funded park-and-ride system could both increase the benefits of the Route 96 project, and extend the benefits of trip reduction to other portions of the Ithaca metropolitan area, and WHEREAS, a task force recently organized by the City’s Department of Planning and Development has made significant progress in identifying and analyzing possible locations for bus pull-offs and park-and-ride lots for use either during, or both during and after, construction of the Route 96 project, and WHEREAS, the Ithaca-Tompkins County Transportation Council appears to be the appropriate agency to coordinate between local municipalities and transit systems to bring a comprehensive park- and-ride system in mitigation of the Route 96 project into being; now, therefore, be it RESOLVED, that the Common Council request the Ithaca-Tompkins County Transportation Council to place an extremely high priority on all necessary planning and coordination between local municipalities and transit systems such that a comprehensive park-and-ride system will be in full operation at the outset of Route 96 project construction in 1995, and be it further RESOLVED, that the City Clerk be directed to send a copy of this resolution to the transportation council's director. Carried Unanimously November 2, 1994 k. Request that Board of Public Works Recommend Traffic Calming Measures for Neighborhoods Likely to be Affected by Route 96 Improvement Project By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, the New York State Department of Transportation will begin construction on its Route 96 Improvement Project in early 1995, and WHEREAS, this major project’s new roadway connections and traffic patterns may increase traffic through nearby residential neighborhoods, which are already traversed by some of the City’s most heavily-used residential streets, and WHEREAS, the long three-year Route 96 project construction period is likely to have negative impacts on these nearby neighborhoods, and WHEREAS, the “Final Report of the Task Force on Traffic Issues,” currently under consideration by the Board of Public Works, recommends that the City initially focus its traffic mitigation efforts on “the City’s busiest residential streets,” and WHEREAS, the same report emphasizes the need to mitigate traffic impacts on “gateway streets” which serve as the transition from higher-speed or commercial strip streets to City neighborhoods, and WHEREAS, possible neighborhood protection and traffic calming measures include physical design elements such as curb extrusions, narrower sections of street, speed humps, signage, and green-space improvements, and WHEREAS, once they are fully developed, designed, and tested, specific traffic calming strategies will prove useful throughout the City in neighborhoods with heavily-traveled streets; now, therefore, be it RESOLVED, that Common Council request the Board of Public Works, working with staff from the Department of Public Works and the Department of Planning and Development, to recommend to Common Council and provide cost estimates of specific neighborhood protection and traffic calming strategies designed for implementation in neighborhoods most susceptible to possible negative effects resulting from construction and implementation of the Route 96 Improvement Project. Carried Unanimously l. Educational Program for Audible Signal By Alderperson Sams: Seconded by Alderperson Efroymson RESOLVED, That the City be responsible for insuring that there will be an educational program for the audible signals proposed as a part of the Route 96 Improvement project. Carried Unanimously * 19.2 City Recommendations for the Canal Recreationway Plan By Alderperson Schroeder: Seconded by Alderperson Shenk WHEREAS, the New York State Legislature in 1992 transferred the New York State Barge Canal System from the Department of Transportation to the New York State Thruway Authority and established the Canal Recreationway Commission as a subsidiary of the Thruway Authority, and WHEREAS, the Canal Recreationway Commission is charged with preparation of a statewide Canal Recreationway Plan, and WHEREAS, under mandate from the Governor and the Legislature, this plan is to be sensitive and responsive to the needs of the people in the communities bordering the canal system, and November 2, 1994 WHEREAS, the Commission has requested that the City of Ithaca provide a list of recommendations for the proposed Canal Recreationway Plan, and WHEREAS, under the Canal Recreationway Plan, any future decision to implement recommendations on this list will reside with the City of Ithaca, and WHEREAS, the Planning Committee and the Board of Public Works have considered such issues and made the following recommendations; now, therefore, be it RESOLVED, that the following items be included as City of Ithaca recommendations for the Canal Recreationway Plan: 1)Construction of a dock for transient boaters at the Farmer’s Market at Steamboat Landing. 2)Construction of attractive bank stabilization along the length of the Flood Control Channel, possibly including seating along the channel. The banks of the Flood Control Channel are seriously deteriorated along almost its entire length. 3)Periodic dredging of the Flood Control Channel and construction of a permanent dredge-spoil site. This site would be used to de-water the dredge-spoils and dispose of them in an environmentally appropriate and economical manner. 4)Reorganization of land uses on Inlet Island, including building a public walkway along the island’s west edge and encouraging waterfront-related development on the island’s interior. 5)Establishment of a public walkway around the NYS Department of Transportation highway division site and encouraging DoT to leave this site in favor of a more appropriate waterfront land use. 6)Establishment of a bicycle/pedestrian trail system linking Ithaca’s entire waterfront (including Cayuga Lake, the old Cayuga Inlet, and the Flood Control Channel). 7)Accomplishment of the goals for Stewart Park adopted by Ithaca’s Common Council on February 3, 1988. These goals include preserving historic structures and beautifying and protecting the shoreline in Stewart Park. One of several resources for the implementation of these goals is Chapter III of the “Stewart Park: 1987 Preservation Goals and Guidelines.” Needed work includes stabilization and restoration of the Cascadilla Boathouse as well as the two pavilions in the park. Consideration should also be given to the construction of a public pier which might include a mooring for a dinner boat. 8)Improvements to the Newman Golf Course, possibly including construction of moorings along the shore of the golf course. 9)Enhancement of public access to the waterfront, achieved in an attractive and environmentally-sensitive manner. 10)Attempt to establish public swimming on the lake within Stewart Park. 11)Assistance to the Cascadilla Boat Club in finding a permanent home. 12)Preservation of natural areas on or near the waterfront, such as those in the Fuertes Bird Sanctuary and the Cornell Biological Field Station. Alderperson Schroeder explained that there have been a number of suggestions from the Board of Public Works and they are as follows: 1) An addition to item No. 12; therefore, item No. 12 will read as follows: November 2, 1994 "Preservation of natural areas on or near the waterfront, such as those in the Fuertes Bird Sanctuary, the Cornell Biological Field Station, and the area known as the Hog Hole and adjacent natural areas in the Cass Park/Allan H. Treman Marina complex." 2) There would be a new item No. 13 as follows: "Enhancement of the Fall Creek area from the railroad bridge to Cayuga Lake." Alderperson Schroeder also suggested that Item No. 6 be re-worded as follows: "Establishment of a bicycle/pedestrian trail system linking all of Ithaca's waterfront areas, from Stewart Park to Newman Municipal Golf Course, to the Farmers' Market, to Inlet Island, to Fingerlakes State Parks' Black Diamond Trail on the west side of the Flood Control Channel, to Cass Park and to the southern end of Allaen H. Treman State Marine Park. Nearly all of the route described above would be inland rather than along the shore itself." No Council member objected to Alderperson Schroeder's rewording and additions to the resolution. The amended resolution shall read as follows: WHEREAS, the New York State Legislature in 1992 transferred the New York State Barge Canal System from the Department of Transportation to the New York State Thruway Authority and established the Canal Recreationway Commission as a subsidiary of the Thruway Authority, and WHEREAS, the Canal Recreationway Commission is charged with preparation of a statewide Canal Recreationway Plan, and WHEREAS, under mandate from the Governor and the Legislature, this plan is to be sensitive and responsive to the needs of the people in the communities bordering the canal system, and WHEREAS, the Commission has requested that the City of Ithaca provide a list of recommendations for the proposed Canal Recreationway Plan, and WHEREAS, under the Canal Recreationway Plan, any future decision to implement recommendations on this list will reside with the City of Ithaca, and WHEREAS, the Planning Committee and the Board of Public Works have considered such issues and made the following recommendations; now, therefore, be it RESOLVED, that the following items be included as City of Ithaca recommendations for the Canal Recreationway Plan: 1)Construction of a dock for transient boaters at the Farmer’s Market at Steamboat Landing. 2)Construction of attractive bank stabilization along the length of the Flood Control Channel, possibly including seating along the channel. The banks of the Flood Control Channel are seriously deteriorated along almost its entire length. 3)Periodic dredging of the Flood Control Channel and construction of a permanent dredge-spoil site. This site would be used to de-water the dredge-spoils and dispose of them in an environmentally appropriate and economical manner. 4)Reorganization of land uses on Inlet Island, including building a public walkway along the island’s west edge November 2, 1994 and encouraging waterfront-related development on the island’s interior. 5)Establishment of a public walkway around the NYS Department of Transportation highway division site and encouraging DoT to leave this site in favor of a more appropriate waterfront land use. 6)Establishment of a bicycle/pedestrian trail system linking all of Ithaca's waterfront areas, from Stewart Park to Newman Municipal Golf Course, to the Farmers' Market, to Inlet Island, to Fingerlakes State Parks' Black Diamond Trail on the west side of the Flood Control Channel, to Cass Park and to the southern end of Allan H. Treman State Marine Park. Nearly all of the route described above would be inland, rather than along the shore itself. 7)Accomplishment of the goals for Stewart Park adopted by Ithaca’s Common Council on February 3, 1988. These goals include preserving historic structures and beautifying and protecting the shoreline in Stewart Park. One of several resources for the implementation of these goals is Chapter III of the “Stewart Park: 1987 Preservation Goals and Guidelines.” Needed work includes stabilization and restoration of the Cascadilla Boathouse as well as the two pavilions in the park. Consideration should also be given to the construction of a public pier which might include a mooring for a dinner boat. 8)Improvements to the Newman Golf Course, possibly including construction of moorings along the shore of the golf course. 9)Enhancement of public access to the waterfront, achieved in an attractive and environmentally-sensitive manner. 10)Attempt to establish public swimming on the lake within Stewart Park. 11)Assistance to the Cascadilla Boat Club in finding a permanent home. 12)Preservation of natural areas on or near the waterfront, such as those in the Fuertes Bird Sanctuary, the Cornell Biological Field Station, and the area known as the Hog Hole and adjacent natural areas in the Cass Park/Allan H. Treman Marina complex. (13) Enhancement of the Fall Creek area from the railroad bridge to Cayuga Lake. A vote on the resolution resulted as follows: Carried Unanimously 1995 Community Development Block Grant Application - Report This item was removed from the agenda. NEW BUSINESS: * 20.1 Designation of Lead Agency for Environmental Review By Alderperson Booth: Seconded by Alderperson Shenk 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 law, and WHEREAS, State law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed amendment of Section 219 of the City Code is an Unlisted Action which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed amendment of Section 219. November 2, 1994 Carried Unanimously * 20.2 An Ordinance Repealing Section 219-2(B1) Regarding Hunting in the City of Ithaca By Alderperson Johnson: Seconded by Alderperson Sams ORDINANCE NO. ___ 1994 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. That Chapter 219 entitled "Hunting and Fire Arms" of the City of Ithaca Municipal Code is amended as follows: 1. That subdivision B(1) of Section 219-2 entitled "Hunting and Trapping" is hereby repealed. SECTION 2. Effective date. This Ordinance shall take effect immediately in accordance with law upon publication of notices as provided in the Ithaca City Charter. Discussion followed on the floor. Motion to Postpone By Alderperson Booth: Seconded by Alderperson Shenk RESOLVED, That the Ordinance repealing subdivision B(1) of Section 219-2 entitled "Hunting and Trapping" be postponed until the December Common Council meeting so that there can be public input on the matter. Ayes (3) - Booth, Hanna, Schroeder Nays (7) - Johnson, Shenk, Gray, Sams, Thorpe, Mackesey, Efroymson Motion Fails (3-7) Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously EXECUTIVE SESSION: Common Council adjourned into Executive Session at 12:10 a.m. REGULAR SESSION Common Council reconvened into Regular Session at 12:20 a.m. and presented the following: Resolution By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That the provisions of Ithaca City Charter, Section C- 26(B)(1) through (4) be waived and that Julie C. Holcomb be appointed as Ithaca City Clerk effective March 1, 1995. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 12:25 a.m. Callista F. Paolangeli Benjamin Nichols City Clerk Mayor