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HomeMy WebLinkAbout09-01-10 Common Council Meeting AgendaOFFICIAL NOTICE OFMEETING A Regular meeting of the Common Council will be held on Wednesday,September 1, 2010,at 6:00 p.m.in the Common Council Chambers at City Hall,108 East Green Street,Ithaca,New York.Your attendance is requested. AGENDA 1.PLEDGE OF ALLEGIANCE: 2.ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3.PROCLAMATIONS/AWARDS: 3.1 Proclamation of Latino Heritage Month in the City of Ithaca from September 15th through October 15th ,2010 4.SPECIAL ORDER OF BUSINESS: 5.SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Youth Council Update -Kelvin Kim Chair and Jen Handy Youth Council Prog ram Leader 6.PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7.PRIVILEGE OF THE FLOOR -COMMON COUNCIL AND THE MAYOR: 8.CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau -Request to Amend 2010 Youth Bureau Roster -Resolution 9.PLANNING &ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend The City of Ithaca Municipal Code,Chapter 325,Entitled "Zoning"To Establish the R-3aa Zoning District and to Rezone Portions of the R- 3a and R-3b Zoning Districts to R-2b,R-2c,and the Newly Established R-3aa Zoning Districts A.Declaration of Lead Agency for Environmental Review -Resolution B.Determination of Environmental Significance -Resolution C.Adoption of Ordinance 9.2 An Ordinance to Amend the City Of Ithaca Municipal Code,Chapter 325,Entitled "Zoning"To Rezone Portions of the R-3a and R-3b Zoning District to R-2b,R-2c, and R-3aa 9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 196, Entitled "Garbage and Refuse"to Disallow Use of Plastic Bags for Placement of Yard Waste for Collection at the Curb 9.4 Collegetown Resources Survey Grant -Resolution Common Council Agenda September 1,2010 Page 2 10.CITY ADMINISTRATION COMMITTEE: 10.1 City Administration -Department of Public Works -Request for Funds for Stewart Park Small Pavilion -Resolution 10.2 A Local Law to Amend the City of Ithaca Municipal Code Charter,Section C-33 entitled "Acting Mayor and Alternate Acting Mayor" 10.3 Determination of Public Need for Water Main Easement and Authorization to Proceed with Its Acquisition -Resolution 10.4 City Controller's Report 11.REPORTS OF SPECIAL COMMITTEES: 12.NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to PermitWine,Beer,and Hard Cider Tasting and Sale of Bottled Wine,Beer,and Hard Cider at the 2010 Apple Harvest Festival -Resolution 13.INDIVIDUAL MEMBER -FILED RESOLUTIONS: 14.MAYOR'S APPOINTMENTS: 15.REPORTS OF COMMON COUNCIL LIAISONS: 16.REPORT OF CITY CLERK: 17.REPORT OF CITY ATTORNEY: 18.MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the July 14,2010 Special Common Council Meeting Minutes - Resolution 18.2 Approval of the August 4,2010 Regular Common Council Meeting Minutes - Resolution 18.3 Approval of the August 17,2010 Special Common Council Meeting Minutes- Resolution 19.ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting,please cont t the City Clerk at 274-6570 at least 48 hours before the meeting. Date:August27,2010 8.CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau -Request to Amend 2010 Youth Bureau Roster -Resolution WHEREAS,the Ithaca Youth Bureau has requested permission to amend the 2010 personnel roster,decreasing the hours of a currently vacant Recreation Program Leader from 35 hours per week to 30 hours per week effective September 2,2010,and WHEREAS this change will result in a savings of about $1,900.00 during the remainder of 2010 and a savings of about $7,600.00 during 2011,and WHEREAS,the proposed reduction of hours reflects an effort on the part of the Recreation Support Services Program and the Ithaca Youth Bureau to assist in cost saving measures during this fiscally challenging time;now,therefore,be it RESOLVED,That Common Council hereby amends the 2010 Youth Bureau roster as follows: Decrease the hours of one Recreation Program leader from 35 hours per week to 30 hours per week effective September 2,2010. 9.PLANNING &ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend The City Of Ithaca Municipal Code Chapter 325, Entitled "Zoning"To Establish the R-3aa Zoning District and to Rezone Portions of the R-3a and R-3b Zoning Districts to R-2b,R-2c,and the Newly Established R- 3aa Zoning Districts A.Declaration of Lead Agency for Environmental Review -Resolution 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 zoning amendment is an "Type I"Action pursuant to the City Environmental Quality Review (CEQR)Ordinance,which requires environmental review under CEQR;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 adoption of an ordinance to amend the City of Ithaca Municipal Code in order to establish a R-3aa zoning district and to rezone portions of the R-3a and R-3b zoning districts to R-2b,R-2c,and to the newly established R-3aa zoning districts. B.Determination of Environmental Significance -Resolution WHEREAS,the City of Ithaca is considering an amendment to Chapter 325 of the City of Ithaca Municipal Code in order to establish the R-3aa zoning district and to rezone portions of the R-3a and R-3b zoning districts to R-2b,R-2c and the newly established R-3aa district,and WHEREAS,appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF),and WHEREAS,this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-I-m of the New York State General Municipal Law,which requires that all actions within 500 feet of a county or state facility,including county and state highways,be reviewed by the County Planning Department,and has also been reviewed by the City of Ithaca Conservation Advisory Council,and the City of Ithaca Planning and Development Board,and WHEREAS,the proposed action is an "Type I"Action under the City Environmental Quality Review Ordinance,and WHEREAS,the Common Council of the City of Ithaca,acting as Lead Agency,has reviewed the SEAF prepared by planning staff;now,therefore,be it RESOLVED,That this Common Council,as lead agency in this matter,hereby adopts as its own,the findings and conclusions more fully set forth on the Full Environmental Assessment Form,and be it further RESOLVED,That this Common Council,as lead agency in this matter,hereby determinesthat the proposed action at issue will not have a significant effect on the environment,and that further environmental review is unnecessary,and be it further RESOLVED,That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same,together with any attachments,in the City Clerk's Office,and forward the same to any other parties as required by law. C.Adoption of Ordinance WHEREAS,the City of Ithaca consists of multiple zoning designations,including single- family residential,two-family residential,multi-family residential,and various types of commercial designations,and WHEREAS,the City of Ithaca is fortunate to have a substantial housing and building stock dating from the 19 th century and later,that is still in use and in good condition today,and WHEREAS,many of the City's one-and two-family zoning districts directly abut more dense residential and/or commercial districts,and WHEREAS,where significantly different zoning districts abut one another,it is typically appropriate for there to be a transition zone between them that mitigates the potential conflict between the contrasting architectural character and building types in those districts,and WHEREAS,in 2007,the City Planning and Development Board raised concerns to Common Council that the R-3 zoning district allows development and new structures that are not appropriate,particularly in areas where the preponderance of structures are traditional one-and two-family homes,and where the proximity of more dense zones creates development pressure that has the potential to negatively affect the existing neighborhood character,and WHEREAS,the Planning Board proposed that the City address this problem by the creation of a newtransition zone,called R-2c,that would allow R-3a uses but would -- restrict area regulations,would encourage construction of structuresappropriate to neighborhood character,and would remove some incentives to tear down older houses, thereby preserving neighborhood character,and WHEREAS,such a proposal was made,in 2007,with regard to an area in the upper Collegetown neighborhood,which won the support of a majority of Council,but which was not successful because it did not garner a "super-majority"(three-fourths),which margin was required as a result of a protest by more than 20%of the affected property owners;and WHEREAS,in 2009,Mayor Carolyn Peterson created asubcommittee of the Common Council,the Planning &Development Board,and Planning Staff to evaluate all R-3 areas of the City as to whether the R-3 zone best supported appropriate development or preservation in the various neighborhoods and areas;and WHEREAS,that subcommittee made site visits to all potentially-affected zones and has now made recommendations to Common Council to rezone certain parts of the existing R-3a and R-3b district to R-2b,R-2c,and to a proposed,new,"R-3aa"zoning designation;and WHEREAS,the current R-3 zoning does not address the possibility of consolidation of multiple parcels,which can significantly change the effectiveness of current area,yard and setback requirements,which,for parcels that are of conventional size,act to control building massing,open space and separation of structures,and which,in turn,affect the rhythm of the streetscape and therefore the health and viability of the residential experience in R-3 districts,and WHEREAS,in determining where to apply the proposed new R-3aa zoning district,or whether to rezone from an R-3 to an R-2 designation,the Council has considered criteria such as whether the area has a traditional residential pattern of individual lots and individual houses of similar scale,orientation,and setbacks on both sides of a street,or along the block on the same side of the street,whether the existing neighborhood character is worthy of preservation,whether the area is already protected by historic district designation,and whether the type of large-scale residential development that could occur in the area under current,R-3 zoning would compromise the desirable character of the neighborhood,now therefore BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO.10-_ Section 1. Chapter 325 ("Zoning"),Section 325-4 ("Zoning Districts")of the Municipal Code of the City of Ithaca is hereby amended to establish and add the "R-3aa"residential zoning district thereto,and the District Regulations Chart,which is made a part of Chapter 325 by Section 325-8,is hereby amended by adding the following: Column 1:Use District -add "R-3aa". Column 2:Permitted Primary Uses (for R-3aa)- 1.One-family detached,semi-detached or attached dwelling or two family dwelling 2.Any use permitted in the R-1 and R-2 Zoning Districts 3.Multiple dwellings (See §325-3) 4.Rooming or boarding house 5.Cooperative household (See §325-3) 6.Fraternity,sorority or group house 7.Townhouse or garden apartment housing 8.Nursery school,child day care center,group Adult Day Care 9.Nursing,convalescent or rest home BY SPECIAL PERMIT OF BOARD OF APPEALS: 10.Any uses permitted by special permit in R-1 and R-2 11.Neighborhood commercial facility 12.Hospital or Sanatorium 13.Bed and Breakfast Homes and Inns Column 3:Permitted Accessory Uses (for R-3aa)- 1.Any accessory uses as permitted in R-2 2.Private garage for 4 or more cars 3.Neighborhood parking area subject to regulations of §325-20 (B). Column 4:Off-Street Parking Requirements (for R-3aa)- 1.Same as R-2 2.Rooming or boarding house:1 space per 3 persons housed 3.Bed and Breakfast Homes and Inns:1 space per bedroom 4.Fraternity,sorority,group house,cooperative household:1 space per 2 persons housed 5.Hospital,nursing home,similar uses:1 space per 5 beds See Also Requirements for Collegetown Parking Overlay Zone. Column 5:Off-Street Loading Requirements (for R-3aa)- 1.Same as R-2 2.Multiple dwellings with 25 or more dwelling units:1 space for up to 10,000 SF of floor space,plus 1 space for each additional 15,000 SF or major fraction thereof. 3.Nursing home,hospital or sanatorium:1 space. Column 6:Minimum Lot Size (for R-3aa)- 1.One-family detached or semi-detached dwellings or 2-family dwellings:5,000 SF. 2.One-family attached dwelling,new construction:6,000 SF for the first 1-3 units,plus 750 SF for each additional unit,plus 500 SF per room let for profit. 3.Multiple dwellings,new construction:6,000 SF for the first 1-3 units,plus 750 SF for each additional unit,plus 500 SF per room let for profit. 4.One-family attached dwelling,conversion:7,000 SF for the first 1-3 units,plus 750 SF for each additional unit,plus 500 SF per room let for profit. 5.Multiple dwellings,conversion:7,000 SF for the first 1-3 units,plus 750 SF for each additional unit,plus 500 SF per room let for profit. 6.Fraternity,sororityor group house:25,000. 7.Other Uses:6,000.See Also General Note 11. Column 7:Minimum Lot Size,Width in Feet at Street Line (for R-3aa)-50. Column 8:Maximum Building Height,Number of Stories (for R-3aa)-3 Column 9:Maximum Height of Building,Height in Feet (for R-3aa)-35. Column 10:Maximum Percent of Lot Coverage by Buildings (for R-3aa)-35. Column 11:Yard Dimensions,Front,Required Minimum (for R-3aa)-10. Column 12:Yard Dimensions,Side,One Side at Least (for R-3aa)-10. Column 13:Yard Dimensions,Side,Other at Least (for R-3aa)-5. Columns 14 and 15:Yard Dimensions,Rear (for R3-aa)-250/0 or 50 feet and not less than 20 feet. Column 16:Minimum Height of Building/Maximum Building Footprint,Height in Feet (for R-3aa)- Minimum height:Two Stories. Maximum building footprint:No new construction of a primary structure in the R-3aa zone shall contain a footprint that is larger than 120%of the average footprint of the existing buildings along the entire block front in which the building is located.If one or more such surrounding buildings have been demolished,then the calculation for maximum building footprint shall use the footprint of the primary structure that most recently stood on any lot where a demolition had occurred. Section 2.Severability.If any section,subsection,sentence,clause,phrase or portion of this ordinance is held to be invalid or unconstitutional bya court of competent jurisdiction,then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3.Effective date.This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 9.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled "Zoning"To Rezone Portions of the R-3a and R-3b Zoning District to R- 2b,R-2c,and R-3aa WHEREAS,the City of Ithaca consists of multiple zoning designations,including single- family residential,two-family residential,multi-family residential,and various types of commercial designations,and WHEREAS,the City of Ithaca is fortunate to have a substantial housing and building stock dating from the 19 th century and later,that is still in use and in good condition today,and WHEREAS,many of the City's one-and two-family zoning districts directly abut more dense residential and/or commercial districts,and WHEREAS,where significantly different zoning districts abut one another,it is typically appropriate for there to be a transition zone between them that mitigates the potential conflict between the contrasting architectural character and building types in those districts,and WHEREAS,in 2007,the City Planning and Development Boardraised concerns to Common Council that the R-3 zoning district allows development and new structures that are not appropriate,particularly in areas where the preponderance of structures are traditional one-and two-family homes,and where the proximity of more dense zones creates development pressure that has the potential to negatively affect the existing neighborhood character,and WHEREAS,the Planning Board proposed that the City address this problem by the creation of a new transition zone,called R-2c,that would allow R-3a uses but would restrict area regulations,would encourage construction of structures appropriate to neighborhood character,and would remove some incentives to tear down older houses, thereby preserving neighborhood character,and WHEREAS,such a proposal was made,in 2007,with regard to an area in the upper Collegetown neighborhood,which won the support of a majority of Council,but which was not successful because it did not garner a "super-majority"(three-fourths),which margin was required as a result of a protest by more than 200/0 of the affected property owners;and WHEREAS,in 2009,Mayor Carolyn Peterson created a subcommittee of the Common Council,the Planning &Development Board,and Planning Staff to evaluate all R-3 areas of the City as to whether the R-3 zone best supported appropriate development or preservation in the various neighborhoods and areas;and WHEREAS,that subcommittee made site visits to all potentially-affected zones and has now made recommendations to Common Council to rezone certain parts of the existing R-3a and R-3b district to R-2b,R-2c,and to a proposed,new,"R-3aa"zoning designation;and WHEREAS,the current R-3 zoning does not address the possibility of consolidation of multiple parcels,which can significantly change the effectiveness of current area,yard and setback requirements,which,for parcels that are of conventional size,act to control building massing,open space and separation of structures,and which,in turn,affect the rhythm of the streetscape and therefore the health and viability of the residential experience in R-3 districts,and WHEREAS,in determining where to apply the proposed new R-3aa zoning district,or whether to rezone from an R-3 to an R-2 designation,the Council has considered criteria such as whether the area has a traditional residential pattern of individual lots and individual houses of similar scale,orientation,and setbacks on both sides of a street,or along the block on the same side of the street,whether the existing neighborhood character is worthy of preservation,whether the area is already protected by historic district designation,and whether the type of large-scale residential development that could occur in the area under current,R-3 zoning would compromise the desirable character of the neighborhood,now therefore ORDINANCE NO.10_ BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning)of the Municipal Code of the City of Ithaca is hereby -- amended as follows: Section 1.Chapter 325,Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation from R-3a and R-3b to the newly established R-3aa designation for the following tax parcels:49.-1-1,49.-1-22,49.-1-23, 49.-1-24,49.-1-25,49.-1-26,49.-1-27,50.-4-12,50.-4-13,50.-4-14,50.-4-15,60.- 3-1,60.-3-14,60.-3-2,60.-3-3,60.-3-4,60.-3-5,60.-3-6,60.-3-7,60.-3-8,60.-3-9.1, 60.-4-1,60.-4-10,60.-4-2,60.-4-3,60.-4-4,60.-4-5,60.-4-8,60.-4-9,61.-1-1,61.-1-13, 61.-1-14,61.-1-15,61.-1-18,61.-1-19,70.-7-15,70.-7-16,70.-7-3,71.-10-1,71.-10-10, 71.-10-11,71.-10-2,71.-10-3,71.-10-4,71.-10-5,71.-10-6,71.-10-7,71.-10-8,71.-10-9, 71.-7-1,71.-7-10,71.-7-11,71.-7-12,71.-7-13,71.-7-14,71.-7-15,71.-7-16,71.-7-17, 71.-7-18,71.-7-2,71.-7-7,71.-7-8,71.-7-9,71.-8-1,71.-8-2,71.-8-3,71.-8-4,71.-8-5, 71.-8-6,71.-8-9,71.-9-1,71.-9-2,71.-9-3,71.-9-4,71.-9-5,71.-9-6,72.-8-10,72.-8-11, 72.-8-12,72.-8-13,72.-8-14,72.-8-15,72.-8-16,72.-8-9,80.-10-4,80.-10-5,80.-10-6, 80.-10-7,80.-10-8,80.-10-9,80.-6-2,80.-6-3,80.-6-4,80.-6-5,80.-6-6,80.-6-7,80.-8-1, 80.-8-10,80.-8-11,80.-8-12,80.-8-13,80.-8-14,80.-8-2,80.-9-1,80.-9-10,80.-9-11, 80.-9-2,80.-9-3,80.-9-4,80.-9-5,80.-9-6,80.-9-7,80.-9-8,80.-9-9,89.-3-1,89.-3-14, 89.-3-15,89.-3-2,89.-3-3,89.-3-4,89.-3-5.1,92.-10-1,92.-10-10,92.-10-11,92.-10-12, 92.-10-13,92.-10-14,92.-10-15,92.-10-9,92.-3-11,93.-1-10,93.-1-11,93.-1-12,93.-1- 13,93.-2-1,93.-2-10,93.-2-7,93.-2-8,93.-2-9,93.-3-3,93.-3-4,93.-3-5,93.-3-6,93.-3- 7,83.-2-19,and a portion of parcels 83.-2-15.1 and 83.-2-16.2. The boundaries of this amendment are shown on the map entitled "Proposed R-3aa,R- 2c,R-2b Zoning Amendment-July 2010,"a copy of which shall be on file in the City Clerk's office. Section 2.The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-3a to R-2b for the following tax parcels:50.-4-30,50.-4-28,50.- 4-27,50.-4-37,50.-4-36,50.-4-35,50.-4-34,50.-4-33,50.-4-32,50.-4-31,60.-3-11,60.- 3-10,60.-3-16,60.-3-15,60.-3-13,60.-3-12,60.-3-17,93.-2-6,93.-2-3,93.-2-4,93.-2-5, 93.-2-2,80.-8-7,80.-8-8,80.-8-9,80.-8-6,80.-8-3 and 80.-8-5. The boundaries of this amendment are shown on the map entitled "Proposed R-3aa,R- 2c,R-2b Zoning Amendment-July 2010,"a copy of which shall be on file in the City Clerk's office. Section 3.The OfficialZoning Map of the City of Ithaca is hereby amended to change the designation from R-3a to R-2c for the following tax parcels:57.-3-1,57.-3-2.2,57.-3- 3,57.-3-4,74.-3-1,74.-3-2,74.-3-3,74.-3-4,74.-3-5,74.-3-6,74.-3-7,74.-3-8,74.-3-9, 74.-3-11,74.-3-10,74.-3-12,74.-3-13,74.-3-14,74.-3-15,and 77.-2-3. The boundaries of this amendment are shown on the map entitled "Proposed R-3aa,R- 2c,R-2b Zoning Amendment-July 2010,"a copy of which shall be on file in the City Clerk's office. Section 4.Severability.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 portions of this ordinance. Section 5.Effective date.This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Area Proposed to be Rezoned to R-2c 2,000 ~ NY State Plane,Central GRS 80 Datum )mpkins County Digital Planimetric Map 1991-2009 ~~::~..Map Prepared by:GIS Planning,City of Ithaca,NY,27 July 2010...~~ 9.3 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 196, Entitled "Garbage and Refuse"to Disallow Use of Plastic Bags for Placement of Yard Waste for Collection at the Curb ORDINANCE NO.10 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 196,Section 196-3 of the City of Ithaca Municipal Code be amended as follows. Section 1.Declaration of LegislativeFindings and Purpose The Common Council finds that this Ordinance will protect the health and safety of City staff in collection of yard waste,as well as help fulfill City goals and policies for reducing environmental impacts. Section 2.Chapter 196,Section 196-3,"Preparation and placement at curb,"sections 8 &C,of the City of Ithaca Municipal Code are hereby amended as follows (strikethrough indicates deletion,underline indications new language). 8.No person shall place any garbage at or near any curb,sidewalk or street for purposes of collection unless that person complies with one or both of the following requirements: (1)Each personshall provide and utilize separate containers for disposal of garbage.Any such containers shall be made of metal,plastic or other suitable material,shall have tight-fitting covers,shall have handles on the top and sides and shall be shaped so that all materials flow freely when the container is dumped.No such container shall exceed 32 gallons in capacity,and,when filled, no such container shall weigh more than 70 pounds. (2)Each person shall provide and utilize disposable plastic bags for disposal of rubbish.Any such bag shall be at least 1.5 mils thick and sufficiently strong to contain the materials enclosed.When filled,each such bag shall be securely tied and shall weigh no more than 50 pounds. C.No person shall place any collectible yard wastes at or near any curb,sidewalk or street for purposes of collection by the Department unless that person complies with thefollowing requirements: (1)For purposes of disposing of collectible yard waste other than brush,each person shall provide and utilize containers that meet the requirements of Subsection 8(1)of this section with the exception that no covers are required and/or ~plastic bags that are sufficiently strong to contain the materials enclosed under reasonably expected weather conditions.such as paper bags made for temporary storage of yard waste meet the requirements of Subsection 8(2)of this section.When filled.each such bag shall weigh no more than 50 pounds.No person shall put out otherwise collectible yard wastes in plastic bags for collection by the Department. (2)Each person shall securely tie brush in bundles,with no individual bundle exceeding 48 inches in length of 50 pounds in weight.No person shall put out more than two such bundles of brush for anyone collection by the Department. Section 3.Effective date.This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 9.4 Collegetown Resources Survey Grant -Resolution WHEREAS,from December of 2007 -June of 2009 the City of Ithaca was engaged in a planning process that culminated in the 2009 Collegetown Urban Plan and Conceptual Design Guidelines,endorsed by the Common Council in August 2009,and WHEREAS,in June 2009,after completion of the plan and before Council endorsement,a report entitled Collegetown Historic Resources Worthy of Designation was presented to the Ithaca Landmarks Commission by co-authors Mary Tomlan and John Schroeder,and WHEREAS,the report identifies 29 resources including Icons,Individual Buildings, Architectural Ensembles and Landscape Features to be studied for consideration of various treatments that would highlight,bring attention to,or protect distinctive elements in Collegetown many of which have been overlooked,and WHEREAS,the Collegetown Historic Resources report draws on recommendations in the Collegetown Plan,and specifically cites the following section, Section 5.M."Historically significant resources within the entire Collegetown Planning Area which merit designation as local historic landmarks,but which currently have no such protection,should be identified by the Ithaca Landmarks Preservation Commission and designated by Common Council.Ideally,this process would take place concurrently with consideration and adoption of the proposed form-based Collegetown zoning amendments." WHEREAS,the Department of Planning &Development proposes to apply to the New York State Office of Parks,Recreation and Historic Preservation Certified Local Government Subgrant program for funds to engage a consultant to survey and document selected historic resources pursuant to the preparation of materials which could serve as a basis for consideration by the Ithaca Landmarks Preservation Commission of local landmark designation,and which information could also be used for future New York State and National Register nominations,and WHEREAS,such subgrants are available exclusively to New York State government entities that have received certification from the New York State Office of Parks, Recreation,and Historic Preservation,such as the City of Ithaca,and WHEREAS,the estimated project budget is $15,000 for which the CLG Subgrant program guidelines recommends a local match of 400/0,which can be a combination of in-kind,services and acash contribution,and WHEREAS,staff is recommending a cash match of 20%of the project budget,equal to $3,000,and in-kind contributions of City personnel professional services,and donated volunteer research work amounting to at least 200/0 of the project budget;now therefore be it RESOLVED,That the Common Council authorizesthe application for a Certified Local Government Subgrant to survey and document selected historic resources included in the Collegetown Historic Resources Worthy of Designation,as recommended in the 2009 Collegetown Urban Plan and Conceptual Design Guidelines,and be it further RESOLVED,That the Common Council authorizes a cash match not to exceed $3,000 to be drawn from the 2011 City budget should the City be the recipient of a grant award from the Certified Local Government Subgrant program. 10.CITY ADMINISTRATION COMMITTEE: 10.1 Department of Public Works -Requestfor Funds for Stewart Park Small Pavilion -Resolution WHEREAS,the small pavilion (Tea House)at Stewart Park is currently in a state of disrepair,and WHEREAS,DPW staff have estimated approximately $4,000 in funds will be needed to perform the following: Material Testing Construction Materials for Shoring Independent Evaluation of the Building including Alternative Programs of Demolition,Rehabilitation and Reconstruction and, WHEREAS,the City has established Capital Reserve #11 Parks and Recreation with a current balance of $200,000,which can be used to provide said funding for the small pavilion at Stewart Park;now,therefore be it RESOLVED,That Common Council hereby authorizesthe use of an amount not to exceed $4,000 from Capital Reserve #11 Parks and recreation to provide necessary testing,construction materials and evaluation of the small pavilion at Stewart Park. To: From: Date: Re: OF'ITII C T If ph TIP: Allen Green JoAnn Cornish Ray Benjamin Julie Holcomb Bill Gray Carolyn Peterson Tom West July 16,2010 Small Pavilion -temporary replacement ~t )4J I-bn I{),I 11n50-.GDO In order to honor the City's commitments to various and numerous folks and organizations who have already booked and planned events in the small pavilion at Stewart Park a temporary facility needs to be constructed quickly. I suggest constructing a 4"thick,42'X 42'concrete slab which can accommodate a 30'X 30'tent.Recessed tie-downs can be cast into the slab making set-up of the tent easy and safe.I also suggest installing a 100 amp electric connection near the slab. This should be an underground service to a panel or outlet near the pad thus eliminating the need to use extension cords. If the City chose to keep the pad after the small pavilion is reconstructed it could be used for other events including a safe and sound location for choir risers or stage. Site location criteria can include,but are not limited to,proximity to toilets,electricity, parking,accessibility,playground,as well as view,separation from other events and constructability -will the location be near a paved area or require re-establishment of lawn. Following is a site map showing 5 possible locations: "An Equal Opporlllnil ~~mJlloy r wil.h a commll.rn nl.1.0 workfor'divrr.irlcation." site 1 site 2 site 3 site 4 site 5 current toilets 14 5 244 1=far 5=c1ose by electricity 145345 1=far 5=c1ose by view 4334 551=fair 5=spectacular parking 55 4 3 54 1=far 5=c1ose by 1=indirect, accessibility 554353 harder to build 5=short,easy playground 1 543 1 5 1=far 5=c1ose by 1=c1ose to 5=away from separation 5 11 5 55 others others 1=c1uttered,5=open, extensive minimal constructability 53 3 1 4 1 restoration restoration 27 30 29 24 33 32 =:.~ /. ...C·~:,.:~,:,~4iflt ..,:;, 7')J..i.1Vl;,,..t~l'~~"".~'.'..-.. .....;...' Tca Pavilion,circa 1900.View of the pavilion as designed with its column bases ~lIld coluIlllls.(phOlll counesy of the Dewilll IislOrical Society) Tea Pavilion,1987 Existing Condition.Today the building exists with its profile lowered,column bases removed.columns covered and cedar shingles replaced with asphalt. rEA PA VILION IMAGES " 10.2 A Local Law to Amend the City of Ithaca Charter,Section C-33 entitled "Acting Mayor and Alternate Acting Mayor" WHEREAS,the Charter of the City of Ithaca,in Section C-33,currently provides for the annual election by the Common Council of an Acting Mayor and Alternate Acting Mayor, to act in the Mayor's stead in the event of her or his absence,incapacity or unavailability;and WHEREAS,the Common Council has determined that,due to the importance of the working relationship and need for continuity of direction between the Mayor and the Acting Mayor or Alternate Acting Mayor,it is most sensible and efficient for the Mayor to select the Acting Mayor and Alternate Acting Mayor,on an annual basis,such that the process is comparable to the Mayor's selection of the chairpersons of Council's standing committees (and other,special committees);and WHEREAS,such a change in the selection process for Acting Mayor and Alternate Acting Mayor represents a transfer of the power to make that selection from Common Council to the Mayor,and,as such,is subject to a mandatory referendum,pursuant to Section 23.2.f of the Municipal Home Rule Law of the State of New York,to be conducted at the next general election (in this case,on November 2,2010)provided it is not less than 60 days from the adoption hereof,or at a special election not less than 60 days from such adoption;and WHEREAS,the Common Council has determined that certain other improvements should be made to the language of Section C-33 of the City Charter,which changes are set forth below;now therefore Local Law _-2010 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section C-33 of the Charter of the City of Ithaca is hereby amended (subject to mandatory referendum by the electors of the City)to read as follows. [Language to be deleted is stricken;language to be added is bolded and underlined.] §C-33.Acting Mayor;Alternate Acting Mayor. A.By the time of the first regular Common Council meeting of each year,the Mayor shall appoint a member of the Council to serve {when needed}as Acting Mayor until the next such annual appointment or replacement by the Mayor.In the Mayor's absence or in the event of a vacancy in the office of the Mayor,the Acting Mayor shall preside at meetings where the Mayor would normally preside,if there is no other provision for another officer to preside at that meeting in the Mayor's absence.In sase the event that the Mayor shall be is unable to perform the other duties of the Mayor's office,ffi consequence of due to sickness or absence and unavailability,sickness or incapacitation,or resignation,removal or death,or if there shall be a vacancy in the office,at the first meeting in each year or as soon thereafter as may be practicable,the Common Council shall appoint one of its members to preside at the meetings,and the presiding officer thus chosen the Acting Mayor shall be vested with all the powers and perform all the duties of the Mayor of the City,: except as provided specified in §C 33A(1),herein -until the Mayor shall resume the duties of the office or the until any vacancy in the office of Mayor shall be filled for the unexpired termJ..by election according to law.The Acting Mayor shall not be authorized to make appointments,to remove City officers from their positions or to cast a veto,unless the Mayor is absent or incapacitated for more than 30 days.~The Acting Mayor shall not be vested with the voting powers of the Mayor as described in Section C-30,but shall instead exercise the voting rights afforded Council members other than the Mayor.The officer so appointed shall be styled "Acting Mayor-'and shall sign all necessary papers with his!or her name,adding thereto the words "Acting Mayor.II B.The Common Council Mayor may shall in the same manner and for the same term appoint another eHts members of the Common Council as Alternate Acting Mayor,te which person shall assume the powers and perform aU the duties of the Mayor in the same manner and fashion as the Acting Mayor.l whenever the Acting Mayor is required to assume such the powers and duties of the Mayor's office but is unable to do so in consequence as a result of sickness Sf absence from the City and unavailability,sickness or incapacitation,or resignation,removal or death. C.In the event of the failure of the Mayor to appoint an Acting Mayor or Alternate Acting Mayor,as provided for above,the Common Council may do so,which appointment's)shall stand until the first Council meeting of the following year. Section 2.Severability. Severability is intended throughout and within the provisions of this local law.If any section,subsection,sentence,clause,phrase or portion of this local law 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 3.Mandatory Referendum. This Local Law shall be submitted to a referendum at the nextgeneral election,on November 2,2010. Section 4.Effective Date. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. 10.3 Determination of Public Need for Water Main Easement and Authorization to Proceed with Its Acquisition -Resolution WHEREAS,the City of Ithaca owns and maintains a 20-foot-wide easement for a municipal water main (the "Carpenter line"),which main is currently available to service property owners along Carpenter Circle in the former Carpenter Business Park and to the south thereof;and WHEREAS,the Carpenter line extends through and across private property owned by Templar,LLC (City tax parcel 36.-1-3.5)(the "Templar Property"),to the east of the tracks of the Norfolk Southern Railroad Company;and WHEREAS,an extension of the Carpenter line running northwesterly from its existing route (the "Water Line Extension")is necessary to provide adequate municipal water service to properties located to the north and west of said railroad tracks,including but not limited to lands owned by Cornell University that are improved by the Cornell rowing center (City tax parcel 37.-1-4.2)now under redevelopment,and by the New York State Department of Transportation (City tax parcel 37.-1-1);now therefore be it RESOLVED,That the Common Council of the City of Ithaca hereby makes the following findings: 1.Certain properties to the north and west of the Templar Property are without adequate municipal water service,which causes problems as to adequacy of supply (including for fire protection purposes)and renders their full development impracticable,and which,in turn,adversely affects the interests of the City of Ithaca and its residents in providing adequate-. municipal services to property owners,in encouraging appropriate development of properties in the City and in enhancing the municipal tax base. 2.The location of the proposed Water Line Extension lies wholly within existing utility easements granted to New York State Electric and Gas Corporation ("NYSEG Easements")for high-tension electric power lines, such that development within that area is already severely constrained. 3.In order to construct and maintain the Water Line Extension,it will be necessary for the City to acquire a permanent easement across the Templar Property that is approximately 100 feet in length and 20 feet in width,together with atemporary construction easement representing approximately 25 feet of additional width on each side of the permanent easement,throughout the length of the permanent easement. 4.Due to the particular location and small scope of the proposed easement, the rights sought by the City therefore are de minimis within the meaning of Eminent Domain Procedure Law ("EDPL")§206(D)and judicial interpretations thereof (see,Town of Coxsackie v.Dernier,105 AD2d 966 (3d Dep't 1984),and in City of Yonkers v.Hvizd,93 AD2d 887 (2d Dep't 1983)),by reason of the following:(i)the Water Line Extension will not require the removal of any existing structures upon the land,(ii)the acquisition of the easements will not interfere with the current land use, and (iii)the NYSEG Easements already preclude construction upon the portion of the Templar Property which would otherwise be affected by the easement sought herein. And be it further RESOLVED,That,in light of the foregoing,the Mayor of the City of Ithaca and/or the Mayor's designee(s),upon the advice of the City Attorney,shall be and hereby are authorized to take any and all actions as may be authorized by law,including but not limited to negotiations for the purchase of interests in real property and/or,if necessary, the institution of eminent domain proceedings under New York's Eminent Domain Procedure Law (UEDPL"),to acquire such interests,including without limitation those interests described in Finding 3 as may be necessary to facilitate the above-described extension of the City's water main located at Carpenter Circle that have not already been acquired by negotiation,and to enter into and execute such documents as may be necessary to carry out the purpose of this Resolution,and be it further RESOLVED,That the Mayor and/or the Mayor's designee shall be and hereby is empowered to employ the services of a consultant fee appraiser for these purposes. 12.NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to Permit Wine,Beer,and Hard Cider Tasting and Sale of Bottled Wine,Beer,and Hard Cider at the 2010 Apple Harvest Festival -Resolution WHEREAS,the Downtown Ithaca Alliance has requested permission for wine.beer, and hard cider tasting and sales as part of the 2010 Apple Harvest Festival;now, therefore,be it RESOLVED,That the Downtown Ithaca Alliance be authorized to arrange for wine, beer,and hard cider tasting and sale of bottled wine,beer,and hard cider at booths during the Apple Harvest Festival on the Ithaca Commons,October 1-3,2010,and,be it further RESOLVED,That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances,and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons,and,be it further RESOLVED,That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured,and shall provide evidence of such insurance to the City Clerk prior to the event.