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HomeMy WebLinkAboutMN-CC-2014-06-04Regular Meeting PRESENT: Mayor Myrick Alderpersons (10) COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 6:00 p.m. June 4, 2014 Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk — Conley Holcomb City Attorney — Lavine City Controller — Thayer Building - Planning & Development Director — Cornish Community Development Director — Bohn Chief of Staff — Sutherland City Planner - Wilson PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: No modifications were made to the agenda. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of Quarterly Employee Recognition Award: Mayor Myrick presented the June, 2014 Quarterly Employee Recognition Awards to: Individual: City Planner Megan Wilson for her excellent work and filling in wherever she is needed including duties related to historic preservation, the Comprehensive Plan development, the Public Art Commission and the 21 boxes (and Another 21 boxes) public art projects. Group: Executive Assistant Donna Redsicker, City Buyer Connie Baker, Customer Service Representative Carol Howard for their team effort to cover payroll responsibilities while the Payroll Coordinator was on leave. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council to voice their concerns about wood smoke pollution and personal health impacts; and express their support for the banning of outdoor wood furnaces. They further urged Common Council to address indoor wood burning as well: Regina Deschere, City of Ithaca Ken Deschere, City of Ithaca William Parmon, City of Ithaca Nancy Pollak, City of Ithaca Fay Gougakis, City of Ithaca Joel Harlan, Town of Newfield PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: Alderperson Brock thanked the speakers for sharing their stories about the impact that wood smoke has had on their lives. She noted that the proposed legislation will not address those issues; however, she volunteered to reconstitute the Wood Smoke Working Group if Common Council had an interest in doing so. Alderperson Clairborne thanked the speakers for taking time to share their concerns. He further announced the following upcoming events: GIAC Festival — June 14, 2014 Juneteenth — June 21, 2014 • Retirement of City Court Judge Judith Rossiter and events associated with her departure. Mayor Myrick thanked the speakers for their comments and noted that wood smoke is a complicated issue. He stated that he would reach out to Tompkins County to discuss more restrictive Health Department guidelines that could address some of the personal health impacts that have been identified. June 4, 2014 CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Le Cafe Cent -Dix Alcohol Permit Request - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the City Clerk's Office has received a request to allow Le Cafe Cent -Dix to utilize certain areas along North Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Le Cafe Cent -Dix, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Le Cafe Cent -Dix that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.2 City Attorney - Authorization of Revocable License for Congo Square Market - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the Congo Square Market has been operating a weekly, outdoor market for local vendors on City -owned parkland immediately north of the Southside Community Center, on South Plain Street, since 2009, and WHEREAS, the current sponsor of the Congo Square Market, the Southside Community Center Inc. (a not - for - profit corporation that leases a City -owned building), has requested permission to operate the Market at the same location in 2014, on every Friday evening (4:00 p.m. to 8:00 pm) from June 6, 2014, through September 12, 2014; and WHEREAS, the vendors for the Market are expected to include both small - scale, local entrepreneurs and City- sponsored youth projects; and WHEREAS, pursuant to Chapter 170 of the City of Ithaca Municipal Code entitled "Use of City Real Property ", such use of City parkland (for an event lasting more than five days at a time or that occurs more than four times over the course of a year) requires the approval of Common Council; now therefore be it RESOLVED, That the Common Council, as it did in the years of 2009 through 2013, finds that the proposed Congo Square Market, as described by its sponsor and as experienced in operation over the last four years, constitutes a recreation - related use of the park adjacent to the Southside Community Center, which use, due to its limited duration (i.e., 4 hours at a time, on 15 occasions over the course of the year) and occupancy of only a portion of the park, will not significantly compromise the public's ability to enjoy the park and in fact could enhance the overall quality of the park's appeal and benefit to the public; and be it further RESOLVED, That Common Council hereby authorizes the Mayor, upon consultation with the appropriate Department Heads as to form and compliance with all applicable laws, rules and regulations, and upon receipt of a properly completed application from the sponsor to issue a revocable license to the Southside Community Center permitting such to operate the proposed Congo Square Market in a portion of the City park adjacent to the Southside Community Center on South Plain Street, for the requested period of time (between 4:00 p.m. and 8:00 pm, each Friday between June 6, 2014, through September 12, 2014), and containing the standard terms and conditions of such a license, with regard to liability insurance coverage, indemnification of the City, handling of trash and waste, vendor conduct, amplified sound, and other pertinent matters; and be it further 2n 0 June 4, 2014 RESOLVED, That as the City has not yet established a regular fee for such seasonal use of its parkland, Common Council hereby sets a fee of $1.00 for each day of operation of the Congo Square Market, with the total amount due from the sponsor for the requested number of days being $15.00. Carried Unanimously 8.3 Approval of the 2014 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the City of Ithaca is a Participant in the Greater Tompkins County Municipal Health Insurance Consortium (the "Consortium "), a municipal cooperative organized under Article 5 -G of the New York General Municipal Law; and WHEREAS, the City previously executed the Municipal Cooperation Agreement (the "Agreement "), which provides for the operation and governance of the Consortium; and WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law ") and the rules and regulations of the New York State Superintendent of Insurance set forth certain requirements for governance of municipal cooperatives which offer self- insured municipal cooperative health insurance plans, including a requirement that the governing board of self- insured municipal cooperative must include representation of unions, which are the exclusive collective bargaining representatives of employees who are covered by the plan offered by such self- insured municipal cooperative; and WHEREAS, Section K of the Agreement currently in place provides for representation on the Consortium's Board of Directors (the "Board ") by the Chair of the Labor Management Advisory Committee; and WHEREAS, by resolution adopted on September 26, 2013, the Consortium's Board approved an amendment to the Agreement to (a) increase the number of labor representatives on the Board; and (b) provide for future increases to the number of labor representatives on the Board in the event that the number of participants in the Consortium increases, all as more fully set forth in the 2014 Amendment to the Municipal Cooperative Agreement attached hereto as Exhibit "A" (the "2014 Amendment "); and WHEREAS, Section T of the Agreement requires that any change or amendment to the Agreement shall require the unanimous approval of the participating municipal corporations, as authorized by their respective legislative bodies; now, therefore be it RESOLVED, That the Common Council approves the 2014 Amendment to the Municipal Cooperative Agreement of the Greater Tompkins County Municipal Health Insurance Consortium, and be it further RESOLVED, That the Common Council authorizes the Mayor and City Controller, upon the advice of the City Attorney, to take such other actions as may be required by law for the amendment to take effect. Carried Unanimously 8.4 Youth Bureau — Request to Fund Cass Park Pool Emergency Repairs - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the Cass Park pool sustained significant damage during this past winter and spring and, WHEREAS, City staff has estimated the pool damage cost at $20,000, and WHEREAS, further damage to the pool structure will occur if immediate repairs are not made and the pool will not be able to open for the season, and WHEREAS, the pool repairs were unanticipated in the 2014 budget, but the funds needed for the repair can be derived from Capital Reserve #11 Parks, which has a current balance of $201,000, and WHEREAS, the pool is an important part of many summer programs such as Cass Park, Stewart Park and GIAC day camps, and WHEREAS, the Cass Park Pool averaged 335 visits daily and a total of 21,078 visits for the season in 2013; now, therefore be it 30 0 June 4, 2014 RESOLVED, That Common Council hereby approves the emergency use of funds from Capital Reserve #11 Parks, in an amount not to exceed $20,000 for Cass Park Pool repairs. Carried Unanimously 8.5 Youth Bureau — Request to Amend 2014 Youth Bureau Budget — Youth Employment Services - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the City of Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $131,730.84 in new funding for the Tompkins County Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short -term subsidized internships for low - income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2014 Youth Bureau budget contingent upon confirmation of funding as follows: Increase revenue A7310- 4820 -1202 Youth Employment Service $123,310.38 A7310- 4820 -1400 Administration $8,420.46 $131,730.84 Increase expenses: A7310- 5120 -1202 Part time /Seasonal $107,231.37 A7310- 5425 -1202 Office Supplies $500.00 A7310- 5445 -1202 Travel & Mileage $100.00 A7310- 5460 -1202 Program Supplies $487.50 A7310- 5120 -1400 Part time /Seasonal $949.00 A7310- 5405 -1400 Telephone $1,100.00 A7310- 5420 -1400 Gas & Oil $1,600.00 A7310- 5425 -1400 Office Expense $900.00 A7310- 5437 -1400 Merchant Service $500.00 A7310- 5460 -1400 Program Supplies $255.00 A7310- 5476 -1401 Equipment Maintenance $2100.00 A7310- 5480 -1401 Building Maintenance $856.46 A7310 -9030 FICA /Medicare $8,276.00 A7310 -9040 Workers Compensation $5,626.00 A7310 -9060 Retirement $1,249.51 $131,730.84 Carried Unanimously 8.6 Greater Ithaca Activities Center (GIAC) — Request to Amend Budget for Hospitality Employment Training Program Grant - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the Greater Ithaca Activities Center (GIAC) has received a grant in the amount of $86,000 from the Ithaca Urban Renewal Agency (IURA) for the Hospitality Employment Training Program (HETP), and WHEREAS, GIAC is requesting that the City of Ithaca upfront $66,600 of the grant with the remaining $19,400 to be provided by the GIAC Board, and WHEREAS, both upfront payments by the City, ($66,600) and the GIAC Board ($19,400) shall be later reimbursed by the IURA, and WHEREAS, the funds will provide salary, training and supplies to establish the Hospitality Employment Training Program for 2014, and WHEREAS, the grant funds need to be accounted for in the 2014 Authorized GIAC Budget; now, therefore be it RESOLVED, That Common Council hereby amends the 2014 GIAC Authorized Budget by an amount not to exceed $86,000 for the purposes of accounting for the Hospitality Employment Training Program Grant as follows: 40 0 Increase Revenue Accounts: A7311-4989-01162 Increase Appropriate Accounts: A7311- 5110 -01162 A7311- 5120 -01162 A7311- 5415 -01162 A7311- 5425 -01162 A7311- 5435 -01162 A7311- 5440 -01162 A7311- 5460 -01162 A7311- 9010 -01162 A7311- 9030 -01162 A7311- 9040 -01162 A7311- 9060 -01162 Federal Aid Other Home and Community Staff Salaries HEPT Hourly P/T HEPT Clothing HEPT Office Expense HEPT Contracts HEPT Staff Development HEPT Programs Supplies HEPT Retirement HEPT FICA /Medicare HEPT Workers Comp HEPT Health Insurance HEPT June 4, 2014 $43,018 8,910 2,500 1,000 4,500 5,160 4,984 4,689 3,291 258 7,690 $86,000 Carried Unanimously 8.7 Ithaca Police Department (IPD) - Request to Amend 2014 IPD Budget — K9 Unit Grant - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the Ithaca Police Department (IPD) recently received a U.S. Department of Homeland Security's State Homeland Security grant as part of the 2013 Explosive Detection Canine Team Grant Program in the amount of $60,000 to allow for the start -up of an IPD Canine Program, and WHEREAS, the Ithaca Police Department also has received $28,235 in private donations to assist with the start -up costs of the new Canine Program, and WHEREAS, this Canine Team will be trained to be utilized in building searches, suspect apprehension, explosive detection and search for missing persons, and WHEREAS, the 2014 Ithaca Police Department budget needs to be amended to account for the Homeland Security grant and the private donations for the new Canine Program; now therefore, be it RESOLVED, That Common Council hereby amends the 2014 authorized City of Ithaca Police Department Budget in an amount not to exceed $88,235 to account for the $60,000 U.S. Department of Homeland Security Grant and the $28,235 in private donations for the IPD Canine Program as follows: Increase Revenue Accounts: A3120- 2705 -5021 Police Gifts and Donations $28,235 A3120- 4320 -5021 Police Public Safety Federal Aid 60,000 $88,235 Increase Appropriations Accounts A3120- 5125 -5021 Police Canine Overtime $10,000 A3120- 5225 -5021 Police Canine Other Equipment 4,000 A3120- 5215 -5021 Police Canine Vehicles 31,500 A3120- 5435 -5021 Police Canine Contracts 13,235 A3120- 5440 -5021 Police Canine Staff Development 8,000 A3120- 5460 -5021 Police Canine Program Support 11,500 A3120- 5476 -5021 Police Canine Equipment Maintenance 5,000 A3120- 5477 -5021 Police Canine Equipment Parts 5,000 $88,235 Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Urban Renewal Aaencv (IURA) - Hotel Parkina Aareement with Hotel Ithaca LLC: A. Declaration of Lead Agency - Resolution By Alderperson Mohlenhoff: By Alderperson Kerslick WHEREAS, the City of Ithaca Common Council is considering authorizing a parking agreement with Hotel Ithaca LLC for guests of a proposed 159 -key hotel to be initially operated as a Marriott Hotel located at 120 S. Aurora Street, and 50 0 June 4, 2014 WHEREAS, parking will be provided on a non - exclusive basis at municipal parking facilities for an average of 90 hotel guest parkers, and WHEREAS, a proposed parking agreement is an Unlisted action under the City Environmental Quality Review Ordinance ( CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions 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, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed hotel parking agreement with Hotel Ithaca LLC to be initially operated as a Marriott Hotel. Carried Unanimously B. Determination of Environmental Significance - Resolution By Alderperson Mohlenhoff: By Alderperson McCollister WHEREAS, the City of Ithaca Common Council is considering authorizing a parking agreement with Hotel Ithaca LLC for guests of a proposed 159 -key hotel to be initially operated as a Marriott Hotel located at 120 S. Aurora Street, and WHEREAS, parking will be provided on a non - exclusive basis at municipal parking facilities for an average of 90 hotel guest parkers, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ( "CEQR ") and an Unlisted Action under the State Environmental Quality Review Act ( "SEQR "), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form ( "SEAF ") and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by City Planning staff ; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed authorization of a parking agreement with Hotel Ithaca LLC, to be initially operated as a Marriott Hotel, will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Carried Unanimously C. Parking Agreement with Hotel Ithaca LLC - Resolution By Alderperson Mohlenhoff: By Alderperson Clairborne WHEREAS, Hotel Ithaca LLC (Hotel Ithaca) is the developer of a proposed 159 -key Marriott hotel at 120 S. Aurora Street, Ithaca, NY, and WHEREAS, the proposed hotel seeks to reach an agreement with the City to provide an annual average of 90 parking spaces per day for hotel guests; and WHEREAS, the Marriott hotel project will increase the economic vitality of the downtown, enhance the fiscal well -being of the City and generate parking revenues, and WHEREAS, the City of Ithaca owns and operates the 448 -space Green Street parking garage (Green Garage) located adjacent to the proposed hotel, which currently operates with approximately 100 parking spaces of excess capacity during peak day demand times of the week, with additional excess capacity in the evenings, and C.1 0 June 4, 2014 WHEREAS, there are over 1,550 public parking spaces available downtown at the Green Garage, the Seneca Street parking garage and the Cayuga Street parking garage, and WHEREAS, there is cumulative excess capacity of approximately 450 parking spaces in the downtown public parking garages, and WHEREAS, the City seeks to maximize utilization of downtown public parking garages to support a vibrant downtown core, and WHEREAS, public debt on the Green Garage is currently financed through issuance of taxable bonds due to pre- existing private parking agreements, so a new parking agreement with a for - profit entity will not increase the city's financing cost of the Green Garage, and WHEREAS, the hotel developer has agreed that designated areas for hotel guest parking will also be open for use by hourly parkers and the parking rate per space at the Green Garage will equal the prevailing public rate for monthly parking, provided that hotel parking is made available to hotel guests through 2060; now, therefore, be it RESOLVED, That the Mayor, subject to review by the City Attorney, is authorized to execute a hotel parking agreement with Hotel Ithaca LLC, to be initially operated as a Marriott Hotel, in substantial conformance with the term sheet, dated May 14, 2014, but excluding any option for the project to acquire air rights to any decommissioned portion of the Green Garage, as such potential property conveyance requires a public hearing and further approvals pursuant to General Municipal Law before it can be authorized. Discussion followed on the floor regarding the hotel patron parking agreement. Community Development Director Bohn explained that 90 unmarked spaces will be reserved in the garage for use by hotel patrons during this 20 year agreement. Mayor Myrick expressed his thanks to Community Development Director Bohn and City Attorney Lavine for their successful negotiation efforts. A vote on the Resolution resulted as follows: Carried Unanimously 9.2 Ithaca Urban Renewal Agency (IURA) - Match Funding for Local Waterfront Revitalization Program Grant, Relocation of New York State Department of Transportation (NYS DOT) Maintenance Facility Feasibility Studv - Resolution By Alderperson Mohlenhoff: By Alderperson Clairborne WHEREAS, the City of Ithaca (City) and Tompkins County (County) collaborated on a joint grant application seeking $56,000 from the Local Waterfront Revitalization Program (LWRP) to conduct a feasibility study and financial plan for relocation of the NYS DOT Tompkins County maintenance facility from a Cayuga Inlet waterfront site in the City of Ithaca to property NYS DOT purchased on the periphery of the Village of Dryden in 2005 for the maintenance facility, and WHEREAS, Tompkins County, the formal applicant, was informed that $56,000 in LWRP funding has been awarded for the feasibility study, and WHEREAS, the LWRP program is administered by the New York State Department of State, and WHEREAS, the feasibility study is projected to include the following elements: • Update the cost estimate to move the NYS DOT facility • Evaluate existing site conditions and develop a cost estimate to prepare the waterfront site for redevelopment • Conduct a market analysis to determine reuse potential and quantify redevelopment potential • Develop a conceptual site redevelopment plan, including traffic circulation • Develop a financial plan for implementing the DOT move and site redevelopment • Develop an Request For Proposal to solicit developers for the site • Conduct public participation and input process for all phases of the feasibility study, and WHEREAS, the total project cost is projected to total $112,000, and WHEREAS, the LWRP grant requires 50% match funding, and 7F?] M June 4, 2014 WHEREAS, Tompkins County proposes to provide a $22,000 cash match and $6,000 in in -kind support conditioned upon equal match funding from the City of Ithaca, and WHEREAS, $6,000 of City in -kind support can be satisfied by City and IURA staff time working on the project, and WHEREAS, the source for the remaining $22,000 City cash match needs to be identified prior to the County executing the grant agreement, and WHEREAS, the City's Unrestricted Contingency account currently has a balance of $108,000, and WHEREAS, the 7.6 acre NYS DOT Tompkins County maintenance facility site should be redeveloped for uses that take full advantage of its waterfront location and neighboring uses, and WHEREAS, conducting a feasibility study that does not commit the City to an action is a listed Type II action under CEQRO that requires no further environmental review; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby authorizes the transfer of an amount not to exceed $22,000 from A1990 Unrestricted Contingency to Account A8020 -5435 Contracts Planning, Building and Economic Development as the cash match from the City of Ithaca for the $56,000 LWRP grant award to conduct a feasibility study and financial plan for relocation and redevelopment of the NYS DOT Tompkins County maintenance facility. Carried Unanimously 9.3 Department of Public Works - A Resolution Authorizing Implementation and Funding in the First Instance 100% of the Federal Aid - Eligible Costs and State "Marchiselli" Program -Aid Eligible Costs, of a Transportation Federal -Aid Project, and Appropriating Funds Therefore By Alderperson Mohlenhoff: By Alderperson Martell WHEREAS, a Project for the Traffic Signal Upgrade Phase II, P.I.N. 375464 (the "Project ") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non - federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non - federal share of the costs of Preliminary Engineering and Design, and Construction and Construction Inspection; and WHEREAS, on March 2, 2011, Common Council approved funding in the first instance for the preliminary engineering and design phases in an amount of $174,000, with the understanding that the cost to the City would be 20% or $34,800, and WHEREAS, as part of the approved 2012 budget, Common Council authorized funding in the first instance in the amount of $764,000 for construction and construction inspection, with the understanding that the cost to the City would be 20% or $152,800 (for a total project cost of $938,000 and a total cost to the City of 20% or $187,600), and WHEREAS, during final design, cost estimates were updated and shown to be higher than anticipated ($165,000 more), but additional federal and state aid, $132,000 and $25,950, respectively, was made available and WHEREAS, on December 4, 2013, Common Council authorized, in the first instance, an additional $165,000 for construction and construction inspection, with the understanding that the cost to the City would be less than 5% or $7,050 (for a total project cost of $1,103,000 and a total project cost to the City of $220,600), and WHEREAS, public bids for construction were opened on April 9, 2014, with the low bid approximately $75,000 higher than the engineer's estimate, and WHEREAS, while the design cost for the project came in under budget, the construction inspection proposal is over budget, and WHEREAS, the New York State Department of Transportation had indicated verbally that this project may be eligible for additional federal and state aid to help defray the costs of construction and construction inspection, but has not committed to funding levels as of this date, and :a M June 4, 2014 WHEREAS, under SEAR and CEQR, the replacement and upgrade of traffic control devices are exempt from further environmental review as Type II actions; now, therefore, be it RESOLVED, That Common Council hereby approves the above - subject project; and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non - federal share of the cost of Preliminary Engineering, Design, Construction and Construction Inspection work for the Project or portions thereof, and be it further RESOLVED, That the sum of $75,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and be it further RESOLVED, That Common Council hereby amends Capital Project #765, Traffic Signal Upgrade Phase II, to include the Project costs of $75,000, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 23% of said portion, currently estimated at $269,650 of the $1,178,000 authorized for this portion of the project, in monies and in -kind services as managed by the Superintendent of Public Works and monitored by the City Controller, with the caveat that should additional federal or state aid become available, it is recognized that the final cost to the City of Ithaca may be less than this amount or percentage, and be it further RESOLVED, That in the event the full federal and non - federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of federal -aid and state -aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, This Resolution shall take effect immediately. Discussion followed on the floor regarding the cost of the traffic control signals. City Attorney Lavine explained that these signals included pedestrian signals and better traffic light sequencing technology to better control downtown traffic flow. A vote on the Resolution resulted as follows: Carried Unanimously 9.4 A Resolution to Authorize a Transportation Alternatives Program (TAP) Application - Resolution By Alderperson Mohlenhoff: By Alderperson Clairborne WHEREAS, the New York State Department of Transportation has noticed the availability of the federal Transportation Alternatives Program, and WHEREAS, on April 28, 2014 the Board of Public Works considered various projects that would be eligible for such funding and recommended a project for Cascadilla Avenue, between Cayuga and Tioga Streets, including the Sears Street pedestrian bridge, which is eligible for funding under Title 23 U.S. Code, as amended, and WHEREAS, enhancements in this area would help address important infrastructure needs, including replacing the Sears Street pedestrian bridge, replacing and enhancing the railing along the creek, and making pedestrian /bicycle enhancements at the intersections at either end, and 09 0 June 4, 2014 WHEREAS, this corridor is a portion of the Bicycle Boulevard Plan, as approved by the Board of Public Works September 24, 2012, and WHEREAS, Common Council is interested in applying for a Transportation Alternatives Program grant in order to design and construct enhanced pedestrian and bicycle facilities in this area; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Alternatives Program, in a amount not to exceed $750,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for design, right -of -way acquisition, construction and construction inspection of a project to enhance pedestrian and bicycle accommodations in the Cascadilla Avenue corridor from Cayuga Street to Tioga Street, and be it further RESOLVED, That contingent upon award of the Transportation Alternatives Program funds, Common Council hereby authorizes the establishment of Capital Project #802 to pay, in the first instance, 100% of the federal and non - federal share of the cost of all work for the Project, and be it further RESOLVED, That contingent upon award of the TAP funds, the sum not to exceed $750,000 is hereby appropriated from serial bonds and made available to cover the cost of participation in the above Project in the first instance, and be it further RESOLVED, That the total project cost shall not exceed $750,000 with the understanding that the breakdown of funds to be approximately $600,000 in federal Transportation Enhancement Program funds, and $150,000 in City of Ithaca serial bond financing, to be administered by the Superintendent of Public Works, and be it further RESOLVED, That in the event the full federal and non - federal share costs of the project exceeds the amount appropriated above, the City of Ithaca Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works is hereby authorized to execute all certifications or reimbursement requests for Federal Aid and /or Multi -Modal Program Funding on behalf of the City of Ithaca with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal -aid and all Project costs that are not so eligible, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, That this resolution shall take effect immediately. Alderperson McGonigal voiced his opposition to this project as he believes there are higher priority projects that deserve attention and funding. Alderperson Murtagh explained that the bulk of this funding would be spent on Cascadilla Creek wall repairs. Alderpersons Kerslick and Fleming voiced their agreement that the replacement of the pedestrian bridge is not a priority project but the creek wall and railing repairs should be Further discussion followed on alternative items that might be able to be substituted in this funding application. City Controller Thayer explained that the City is at 80% of its debt limit and a portion of this debt is still reimbursable from State and Federal agencies. He urged Council to make funding decisions carefully and seek grants or matching funding opportunities when available. Alderperson Brock noted that she would not be supporting this project as she believes that there are transportation alternative projects in other areas of the City that should be a higher priority. 10M M June 4, 2014 Alderperson Smith noted that approving this Resolution keeps the City's options open while Council members pursue answers to remaining questions. The City does not need to accept the funding if the awarded this grant. A vote on the Resolution resulted as follows: Ayes (9) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Kerslick, Smith, Mohlenhoff, Martell Nays (1) Brock Carried (9 -1) 9.5 City Controller's Report: City Controller Thayer reported on the following items: • 2015 City budget development is underway. The Mayor's budget guidelines will be distributed soon. Early estimates indicate that there will be an approximate $1.5 - $2 million deficit to address. • The City's fund balance is currently approximately 16% of operations (best practice is between 10 -20 %). If the 2014 budget remains on course, the year -end percentage should be approximately 14.9% 2014 Activity: • Sales tax collections are increasing — running even with this same time as last year but lower than 2014 budget estimations. • Overtime is close to 2014 budget projections — $397,000 has been spent to date. • Parking revenue: $2.4 million was budgeted - $744,000 has been collected. • Building Permit revenue: $700,000 was budgeted - $135,000 has been collected. • Mortgage Tax: $360,000 was budgeted — the first payment of $166,000 has been received. The second payment is due in November. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Snow Enclosure of the Green Street Parkinq Garage By Alderperson Murtagh: By Alderperson McCollister WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including walls in the City garages on Green Street and Seneca Street, by resolution on May 19, 2010, and WHEREAS, Onondaga Nation artist Brandon Lazore has submitted his proposal for a mural titled "Women's Nomination" as part of the PAC's Mural and Street Art Program, and WHEREAS, the PAC discussed Mr. Lazore's mural proposal at its meeting on April 9, 2014 and, upon review of the potential mural sites pre- approved by the Board of Public Works, agreed that the south side of the snow enclosure of the Green Street Parking Garage would be an appropriate location for the proposed mural, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on April 23, 2014 to gather input on the proposed installation, and the majority of the responses to the proposal have been positive, and WHEREAS, the artist will receive funding through the Downtown Ithaca Alliance's "Art in the Heart" program to install the mural, and the installation will be budget - neutral to the City, and WHEREAS, at its meeting on April 23, 2014, the Public Art Commission unanimously voted to recommend that the Common Council select Brandon Lazore's "Women's Nomination" mural to be installed on the south side of the snow enclosure of the Green Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Brandon Lazore's "Women's Nomination" mural, as recommended by the Public Art Commission, to be installed on the south 110 0 June 4, 2014 side of the snow enclosure of the Green Street Parking Garage and to be added to the City of Ithaca's public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City as reviewed by the City Attorney. Carried Unanimously 10.2 2014 Ithaca Urban Renewal Agency (IURA) Action Plan, HUD Entitlement Grant — Resolution By Alderperson Murtagh: By Alderperson Kerslick WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program from the Community Development Block Grant program (CDBG) and the Home Investment Partnerships program (HOME) funding sources, and WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement, and monitor the City's HUD Entitlement program in compliance with all applicable regulations, and WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD Entitlement program funding allocated to the City, and WHEREAS, the 2014 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2014 HUD Entitlement program allocation and associated funds administered by the IURA, and WHEREAS, funding available to be allocated through the 2014 Action Plan funding process is anticipated to be the following: $675,538 CDBG 2014 allocation $18,682 CDBG 2013 carryover $7,600 CDBG 2012 recaptured funds $140,000 CDBG 2014 projected program income $441,774 HOME 2014 allocation $220 HOME 2013 carryover $454,127 Neighborhood Housing Initiative bond $1,737,941 Total, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2014 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and WHEREAS, at their April 17, 2014 meeting, the IURA adopted a recommended 2014 Action Plan; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby adopts the IURA - recommended 2014 Action Plan, dated April 15, 2014 for allocating the 2014 HUD Entitlement Program award along with additional funds listed above totaling $1,737,941, and be it further RESOLVED, That the Ithaca Urban Renewal Agency Plan shall be amended to include activities funded in the adopted 2014 Action Plan. Alderperson Brock stated for the record that she would support the slate of projects being proposed; however, her vote does not reflect support for any individual project. A vote on the Resolution resulted as follows: 12M M Carried Unanimously June 4, 2014 10.3 Expansion of the Local East Hill Historic District to Include 109, 111, 112, 114, and 115 Orchard Place - Resolution By Alderperson Murtagh: By Alderperson McCollister WHEREAS, as set forth in Section 228 -3 of the City of Ithaca Municipal Code entitled "Landmarks Preservation ", the Ithaca Landmarks Preservation Commission may recommend designation of individual landmarks and districts of historic and cultural significance, and WHEREAS, on April 8, 2014, the Ithaca Landmarks Preservation Commission conducted a public hearing for the purpose of considering a proposal to expand the local East Hill Historic District to include the five above - referenced properties on Orchard Place, and WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act and an Unlisted Action under the City Environmental Quality Review Ordinance and after conducting appropriate environmental review the Ithaca Landmarks Preservation Commission, acting as Lead Agency, has determined that the proposal will not have a significant environmental impact, and WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks Preservation Ordinance and has voted to expand the local East Hill Historic District to include these five properties, and WHEREAS, Section 228 -3 of the City of Ithaca Municipal Code states that Common Council shall, within ninety days of said recommendation, designate, approve, disapprove or refer back to the Commission for modification, and WHEREAS, as set forth in Section 228 -3 of the Municipal Code, the Planning Board shall file a report with Common Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements, and any plans for the renewal of the site or area involved, and WHEREAS, a copy of the Planning Board's report and recommendation for approval of the designation has been reviewed by the Common Council; now, therefore, be it RESOLVED, That the City of Ithaca Common Council finds that the designation of these five properties will not conflict with the comprehensive plan, existing zoning, projected public improvements, or any plans for renewal of the site and area involved, and be it further RESOLVED, That the East Hill Historic District, as expanded by the addition of these five properties, continues to meet the definition of a local historic district as set forth in the City of Ithaca Municipal Code, as follows: An area which contains primarily properties which meet one or more of the criteria for designation as an individual landmark, namely: 1. Possessing special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. Being identified with historically significant person(s) or event(s); or 3. Embodying the distinguishing characteristics of an architectural style; or 4. Being the work of a designer whose work has significantly influenced an age; or 5. Representing an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristics. and is an area which constitutes a distinct section of the city by reason of possessing those qualities that would satisfy such criteria. and be it further RESOLVED, That the City of Ithaca Common Council approves the expansion of the local East Hill Historic District to include the properties located at 109, 111, 112, 114, and 115 Orchard Place under Section 228 -3 of the City of Ithaca Municipal Code. 13M M June 4, 2014 Alderperson Kerslick recused himself from the vote as he and his spouse are the owners of 115 Orchard Place. A vote on the Resolution resulted as follows: Ayes (9) Brock, McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith Mohlenhoff, Martell Nays (0) Recusals (1) Kerslick Carried 9 -0 -1 10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178 Entitled "Exterior Maintenance" in Order to Impose a Total Ban of Outdoor Wood - Burning Furnaces within the City of Ithaca By Alderperson Murtagh: By Alderperson Brock WHEREAS, Common Council finds that outdoor wood - burning furnaces can provide an alternative to conventional heating systems, generating hot water heat through the use of on- site wood fires rather than coal or gas, and WHEREAS, Common Council also finds that smoke from these outdoor furnaces often contains unhealthy levels of particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide, hydrochloric acid, formaldehyde, and other toxic pollutants, and WHEREAS, Common Council finds that exposure to smoke from these furnaces can cause adverse effects to respiratory and cardiovascular systems and exacerbate existing asthmatic sensitivity and lung illness, especially among children and the elderly, and WHEREAS, Common Council finds that outdoor furnaces are intended to burn only natural wood, but homeowners sometimes add other materials, which can produce toxic air pollutants when burned, and WHEREAS, Common Council has determined the most effective way to ensure the health, safety, and general welfare of the citizens of the City of Ithaca in this instance is to prevent the construction and operation of outdoor wood - burning furnaces; now, therefore BE IT ORDAINED AND ENACTED by the Common Council as follows: Section 1. Chapter 178 -2, entitled "Definitions," of the City of Ithaca Code, is hereby amended to include an additional definition: "Outdoor Wood- Burning Furnace: an exterior device or structure, designed or intended, through the burning of wood, for the purpose of heating the principal structure, or any other structure on the premises." Section 2. Chapter 178 -4, entitled "Standards for exterior structures," of the City Code is hereby amended through the addition of a new subsection E, to read as follows: "E. No outdoor wood - burning burning furnace shall be installed, constructed, maintained or operated on the exterior property of premises within the City." Section 3. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion followed on the floor with Alderperson Brock explaining that this is a proactive measure to prevent outdoor wood boilers/ wood stoves from being installed in the City. Many citizens are starting to turn to alternative heating options and wood is considered a sustainable, renewable source of energy; however, there are many health impacts associated with wood smoke. She reiterated her willingness to reconstitute the Wood Smoke Working Group if Common Council would like to pursue further regulations. Alderperson Kerslick thanked Alderperson Brock for her work on this issue. He agreed that increased energy costs have encouraged more people to use wood as a heating source. He stated that he would be interested in discussing personal health impacts further with the Tompkins County Department of Health to investigate the possibility of stricter regulations. 14M 0 June 4, 2014 Alderperson Martell stated that she is interested in reviewing the supporting information for this legislation further (ie. number of wood stoves in use, percentages of cancer rates, asthma & other respiratory diseases.) She also stated that she would like to learn more about the relation of increased use of wood as an energy source due to concerns over hydrofracking. A vote on the Ordinance resulted as follows: Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Mohlenhoff encouraged everyone to vote for Ithaca in Outdoor Magazine's online competition for America's Best Place to Live! Ithaca has made it to the "final four" and is currently competing with Provo, Utah. She noted that competitions like this are great for civic pride, tourism and an infusion of money into the community. Alderperson Mohlenhoff also reported that the Human Services Coalition discussed panhandling at a recent meeting. She stated that they would like to join the City in educating the community that the best place for their dollars to go is to the agencies that provide local services to those in need. REPORT OF CITY CLERK: City Clerk Holcomb reminded Common Council of the upcoming orientation training sessions that are available to members of all city boards & committees and members of City staff. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that there would be a Committee of the Whole meeting on Wednesday, June 25, 2014 to discuss the Storm Water Management Program. Further discussion followed on rescheduling the budget related Committee of the Whole meetings to July. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 7, 2014 Regular Common Council Meeting Minutes - Resolution By Alderperson Kerslick: Seconded by Alderperson Brock RESOLVED, That the minutes of the May 7, 2014 Regular Common Council meeting be approved with corrections made to the Mayor's appointment to the Community Police Board. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:20 p.m. Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor 15M M