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