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HomeMy WebLinkAbout05-01-13 Common Council Meeting Agenda OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, May 1, 2013, 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: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to consider repealing a portion of the City of Ithaca Municipal Code Chapter 325-20 entitled "Off-Street Parking". 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Update from Conservation Advisory Council by Chair Rima Shamieh — including CAC Strategic Plan and CAC Annual Report 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Simeon's Alcohol Permit Request — Resolution City Administration Committee: 8.2 Request to Standardize Main Coagulant Until a Year After the Completion of the New Water Treatment Plant - Resolution 8.3 Request to Amend 2013 Greater Ithaca Activities Center (GIAC) Budget— Youth Program - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Authorization to implement and fund the first instance 100% of the federal aid- eligible costs of a transportation federal-aid project, and appropriating funds therefore - Resolution 9.2 Request to Amend Capital Project 737 - Repairs to Central Fire Station - Resolution 9.3 Authorization of Redemption of Tax Foreclosure Properties - Resolution 9.4 City Controller's Report Common Council Meeting Agenda May 1 , 2013 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Cascadilla Boathouse Grant Resolution 10.2 An Ordinance Amending The City of Ithaca Municipal Cade Chapter 325-20D, Entitled "Off-Street Parking-General Requirements," in order to repeal parking maximums in the R1 and R2 Districts A. Declaration of Lead Agency B. Declaration of Environmental Significance C. Adoption of Ordinance 11. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 11,1 Update on last meeting from Committee Chair Mohlenhoff 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 13.1 Authorization of Revocable License for Congo Square Market — Resolution 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14.1 Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the East Wall of the Seneca Street Parking Garage 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Various BoardsfComi-nittees — Resolution 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the April 3, 2013 Common Council Meeting Minutes — Resolution 20. 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 contact the City Clerk at 274-6570 at least 48 hours before the meeting. 00 Cft�" &k4Ahmb Julie Conley Holcomb, CMC City Clerk Date: April 26, 2013 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Simeon's Alcohol Permit Request— Resolution WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca 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 Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, 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 2013, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. CONSENT AGENDA ITEMS — CONTINUED; City Administration Committee 8.2 Request to Standardize Main Coagulant Until a Year After the Completion of the New Water Treatment Plant - Resolution WHEREAS, this Common Council has been requested by the DPW Water and Sewer Division Water Treatment Plant to standardize the main coagulant used at the WTP in the water treatment process until the new 'Water Treatment Plant is constructed and online for a period of one year, and WHEREAS, the new WTP will be constructed in the same footprint as the old WTP, thus the new plant will be simultaneously constructed as the old plant is deconstructed, and Staff will have substantial additional workload in the coordination and continued operation of the remaining old processes, the set up of temporary bridging processes, and the startup of new processes, and \WHEREAS, WTP Staff is familiar with the coagulant we currently use at the plant and know how it performs, what feed rates and concentrations to use as conditions change under seasonal and daily variations in weather and water quality, and WHEREAS, changing the primary coagulant will result in substantial additional Staff workload in the learning, testing, and optimization of a new coagulants performance characteristics under many different seasonal and daily conditions, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve standardization of the primary coagulant used at the WTP to Polyaluminum Chloride as manufactured by Holland Company (PC H180) and authorize the City to purchase approved coagulant from the manufacturer, or a representative thereof until the new WTP is constructed and operational for a one year period, now, therefore be it RESOLVED, That pursuant to Section 103, subdivision 5 of General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization to, and purchase and use of Polyaluminum Chloride as manufactured by Holland Company (PCH180) for the City of Ithaca Department of Public Works Water & Sewer Division Water Treatment Plant until the new Water Treatment Plant is commissioned and has been operational for a one year period. 8.3 Request to Amend 2013 Greater Ithaca Activities Center (GIAC) Budget— Youth Program - Resolution WHEREAS, GIAC staff has been working to align program needs with their expenses in order to maintain the participant numbers in the youth after school program and summer camp, and WHEREAS, as a New York State Office of Children and Family Services (QCFS) licensed school-aged child care facility it is essential that GIAC maintains the correct staff to participant ratio as dictated by the OCFS regulations, and WHEREAS, the Tompkins County Department of Social Services (DSS) pays for many of the participants to attend GIAC's program, and WHEREAS, DSS has changed its payment systems resulting in a dramatic increase in the amount of payments GIAC received for after school program fees from September 2012 through February 2013, totaling $40,903. and WHEREAS, GIAC needs to hire part-time/seasonal staff for the afterschool program and summer camp in the amount of$35,253, and WHEREAS, GIAC also needs to increase the Youth Program supplies budget to cover other related costs, by $8250, with the funds for this increase coming from fees that will be collected for the 2013 summer camp; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 GIAC Youth Program budget as follows: Increase Revenue Account: A7311-2001-01101 Youth Program — Parks and Recreation $43,485 Increase Expenses: A7311-5120-01101 Hourly Part-Time $35,235 A7311-5460-01101 Program Supplies 8,250 A7311-9030 FICA/Medicare 2,695 A7311-9040 Workers' Compensation 1,762 Total $43,485 Back-Up Item 8.3 To; City Administration Committee From: Marcia Fort, GIAC Director Travis Brooks, GIAC Program Administrator Re, GIAC Budget Adjustment— Youth Program Date: April 17, 2013 In order for us to maintain the number of participants in our youth afterschool program (110) and in our summer day camp (150), neither of which is our full capacity, we need to have adequate staff. To cover the cost of our hourly part-time staff through the rest of the year including our hires for summer camp we need an additional $35,235. Therefore we are asking for an adjustment to our 2013 budget to increase our 5120- 1101 line in the amount of$35,235. This request will have no effect on the revenue we will turn into the city for 2013, The Department of Social. Services pays for many of the participants to attend our program. Last year DSS changed its payment systems, which showed a dramatic increase in the payments we received. During March and April we received $40,903 from DSS to cover after-school program fees for the months of Sept 2012 through Feb 2013. Therefore we have the funds to cover the budget adjustment we are requesting and the remaining $5,008 will go into the fee line for the City. We are also asking for an additional $8250 to go into our 5450 01101 line for program supplies. This amount is being collected as part of the total summer camp fees and will be part of the revenue that is deposited into the GIAC revenue line. Those funds will be used for ICSD transportation, TCAT, our Seabreeze trip and summer camp shirts. Given the DSS payment changes and our program needs we will make the relevant expenses and revenue adjustments to reflect the increases in our 2014 budget. Thanks. 9. CITY ADMINISTRATION COMMITTEE: 9.1 Authorization to implement and fund the first instance 100% of the federal aid-eligible costs of a transportation federal-aid project, and appropriating funds therefore - Resolution WHEREAS, the federal Safe Routes to School (SRTS) Program was created in 2005 on passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), now in its second round of funding in New York, and WHEREAS, the City of Ithaca (the "City") partnered with the Ithaca City School District to develop a SRTS application and, with the authorization of Common. Council, submitted said application to the New York State Department of Transportation (administrators of federal SRTS Program funding in NY) and was subsequently awarded the requested amount of$297,950, and WHEREAS, a project for "Traffic Calming Improvements near Beverly J. Martin Elementary, Fall Creek Elementary and Boynton Middle Schools" (locally referred to as the "Ithaca Safe Routes to School Project"), P.I.N. 375564 (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 100% federal funds and 0% non- federal funds, and T WHEREAS, the City of Ithaca desires to advance the Project by making a commitment for 100% of the non-federal share of the costs for Preliminary Engineering/Design, Construction, Construction Inspection. and Non-Infrastructure Activities, and WHEREAS, the Project consists of Type II Actions, which are not subject to further environmental review, and Unlisted Actions which were reviewed by the Board of Public Works an June 25, 2012 and determined to have no significant negative environmental impacts under the New York State Environmental Quality Review Act and the City of Ithaca Environmental Quality Review Ordinance; now therefore, be it RESOLVED, That the 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 share of the cost of Preliminary Engineering/Design, Construction, Construction Inspections and Non-Infrastructure Activities work for the Project or portions thereof, and be it further RESOLVED, That the sum of $297,950 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in this phase of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 786, Ithaca Safe Routes to School Project, to include the Project costs of$297,950, and be it further RESOLVED, That in the event the full 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 this Project be undertaken with the understanding that the final cost. of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated at $0 of the $297,950 authorized for this phase of the Project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, 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. ajvc� � CITY of ITHACA � f 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CrEY ENGINEER 0 Idephone- 607C274-030 Fmc: 607/274-1ri587 April 2,2013 TO: Tint Logue, City Transportation Engineer FROM: Kent Johnson,Junior Transportation Engineer RE: Update for BPW regarding the upcoming Safe Routes to School project and the related Bike Boulevard Plan advancement This memorandum is for the purpose of updating the Board of Public Works on the recently awarded Safe Routes to School (SRTS) project to be undertaken jointly by the City and the Ithaca City School District, and the related elements of this project that will be advancing aspects of the recently BPW-adopted Bike Boulevard Plan. Background In the summer of 2011, staff approached the BPW with the concept of Bike Boulevards to determine whether the BPW had interest in seeing the concept developed further, The BPW did show interest, and in late 2011 the BPW tasked staff with developing a Bike Boulevard Plan. Staff developed such a plan during the first half of 2012 and the BPW adopted the plan on September 24, 2012 (the plan can be viewed on the City's website under Departments/DPW/Engineering/Fraffic and can be seen in the 9/24/12 BPW agenda packet - Item 8.2). In the summer of 2012, City staff and Ithaca City School District staff worked together to develop an application to submit seeking federal Safe Routes to School funding. In developing the SRTS application, it became apparent that the Bike Blvd. plan (still in development at the time) contained routes that made very good connections to ball Creek E.S., BJM E.S., and Boynton M.S. The Bike Blvd. routes (renamed as "traffic calmed routes" for the purposes of the application) were revised slightly so that they corresponded logically to the schools being served (routes that did not directly relate to one of the schools were not included in the application). These "traffic calmed routes" along with school zone sign improvements and educationallencouragement activities compose the SRTS application. A copy of the SRTS application has been posted here: http:/,'bikeithuca.org/bpaclwp-content/uploads12013/02JSRT5-Applicationx.pdf and an FAQ sheet can be viewed under"Projects"on the City's website. In the fall of 2012, with the approval of Common Council, the SRTS application was submitted, and in January of 2013 we were notified that we were awarded our requested amount of$297,950 for the SRTS project. This federal funding (administered through NYSDO70 is 100% reimbursable and requires no local funding. Of this funding, approximately $184,000 will be devoted to designing/constructing the traffic calmed routes, which will then establish approximately 80% of the Bike Blvd. network proposed in the Bike Blvd. Flan. $50,000 of the funding will be available for the ICSD to use on educational/encouragement activities and approximately $64,000 will be available for improvements to the school zones. ICSD activities will be developed over the coming months and will likely include such items as: walk-to-school days and bike-to-school days, "walking school buses", and integration of SRTS topics into the curriculum. School zone improvements will include updated signs, and installing real-time vehicle speed display signs at each school. Schedule The SRTS project is just beginning. Regarding the traffic calmed routes and school zone portions of the project,we will hire a consultant for engineering and design this summer and preliminary plans should be available by the end of 2013. Final plans and construction documents will be finished in 2014,with construction planned for summer 2015. Regarding the educational/encouragement activities portion of the project, ICSD will begin to work on activity development in the summer & fall of 2013. Activities are planned to begin in spring of 2014 and continue until spring of 2015. It is hoped that there will be enough interest among ICSD staff:, students, and parents that some of the SRTS activities will continue beyond the grant reimbursement period. Public.involvement During 2013, there will be multiple opportunities for public involvement. Both the City and the ICSD plan to host public meetings and plan to provide project information on our respective websites(we have established a site under"Projects" on our website that so far just has an FAQ sheet). BPW involvement Some aspects of the work will require BPW approval (such as the plan to lower the speed limit to 25 MPH along the routes) and for some aspects we may seek additional direction from the BPW (such as deciding locations for traffic calming), so the BFW will be hearing more about this project as work progresses. Common Council involvement Within the corning weeks, a resolution will be provided to CC to establish a Capital Project and funding in the first instance for this project. Project information If anyone has questions/comments about this project,or would like to learn about how to be involved in this project. thew are encouraged to contact me (Kent Johnson) at kjohnson( ci.tyofithaca.org or 274-6528. For questions specifically about ICSD activities, contact Margaret Boice, Assistant Superintendent for Business Services, ICSD (274- 21.21). 9.2 Request to Amend Capital Proiect_737 - Repairs to Central Fire Station_- Resolution WHEREAS, Common Council established Capital Project 737 for repairs to the Central Fire Station in the amount of$275,000, and WHEREAS, at this time, CP 737 has a balance of $96,338, and WHEREAS, bids were received on April 8. 2013 for the Central Fire Station HVAC System Upgrades, and WHEREAS, Climate Control Technologies is the apparent low bidder with a bid of S108,890 for construction only, and WHEREAS, award of the contract to Climate Control Technologies will require a total project budget, including all project costs, of $160,000, and WHEREAS, the Board of Public Works approved the project at a recent meeting; now, therefore be it RESOLVED, That Common Council hereby recommends that Capital Project #737 be amended by an amount not to exceed $63,662 for a total project authorization of $338,662, and be it further RESOLVED, That the funds necessary for said amendment be advanced from General Fund with later repayment by the issuance of serial bonds. 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O w O O C7 O D 00 4 'C7.CJ O N L] Iff � QD a d C7� � a � n �O 7 C ql N 1 3 3' n_ n c B. cn a C rfl ai w ca cs is o w o N V C7 03 N _ 9.3 Authorization of Redemption of Tax Foreclosure Properties - Resolution WHEREAS, the City of Ithaca enforces taxes by foreclosure of its liens, pursuant to New York State Real Property tax law, and WHEREAS, there may be a period of time between the final redemption date according to the foreclosure petition and the final judgment awarding the property to the city, during which the property is owned by the taxpayer; now, therefore, be it RESOLVED, That at the expiration of the redemption period, the City Chamberlain shall add $500 or 10% of the taxes, whichever is greater, to the amount of the delinquent tax liens, as a fee to cover the costs associated with proceeding with the foreclosure process, and be it further RESOLVED, That the City Chamberlain is authorized to allow redemption of the property between the final redemption date and the filing of the judgment papers either upon payment of the full amount of the taxes, penalties, fees, and interest as required by law, or by payment of the appropriate down payment and execution of an installment agreement for the amount of the taxes, penalties, fees and interest as required by law, and be it further RESOLVED, That the City Chamberlain shall not allow redemption of the property nor enter into an installment agreement for the payment of affected delinquent tax liens after the final judgment papers awarding title of the property to the City have been filed with the Court. CL City of Ithaca Office of the Chamberlain • 108 East Green Street,Ithaca,NY 14850 e o Ph:607 274-6580 Fax: 607 272-7348 ° A■ To: City Administration Committee From: Debra Parsons,City Chamberlain RE: Request to extend period to redeem property from tax foreclosure Date: April 19,2013 Each fall,we file a petition of foreclosure for those properties that have delinquent taxes from the previous year,pursuant to NYS Real Property Tax Law Article I I and City Charter. This year,the final redemption date in the petition was'March 15,2013. Upon the expiration of the redemption period,we begin the process to foreclose on the property. The City and the County have signed a memorandum of understanding that deals with the process of auctioning properties that the City and the County acquire through tax foreclosure. Once the process starts,the City begins to incur costs,internal costs relating to the work of the Attorney's office to file the required court documents,and expenses related to scheduling the auction. In addition,a judgment of tax foreclosure wipes out all other liens on the property,except other tax liens. Because the judgment wipes out the mortgages,accepting redemption after the court judgment has been signed has proved problematic in the past. Consequently,Common Council passed a resolution in October of 2004 defining the conditions for redemption after the date in the foreclosure petition. That resolution allows redemption when taxes,fees, interest and penalties to date are paid in full,up to the date the judgment papers are filed. That resolution is attached. The resolution does not allow someone to enter into an installment agreement for delinquent taxes after the redemption date specified in the foreclosure documents. I have received a couple of requests to have Council revisit that decision,and to allow installment agreements until the judgment papers are filed. I don't believe the City wants to grant an extension to the owner to pay these taxes in full. However, Council could agree to allow installment agreements until we file our judgment papers,thus allowing any owner to retain his or her property by paying 25%of the taxes and fees,with the balance subject to periodic payments,rather than 100%©of the taxes and fees owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Cascadilla Boathouse Grant— Resolution WHEREAS, Julie Conley Holcomb, duly qualified and Clerk of the City of Ithaca, New York, does hereby certify that the following resolution was adopted at the regular meeting of the Common Council held on May 1, 2013, and is on file and of record, and that said resolution has not been altered, amended, or revoked and is in full force and effect, now therefore be it RESOLVED, That Lynn C. Truame, as Historic Preservation Planner of the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $75,209, 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 improvements to the second floor of the Cascadilla Boathouse which will allow occupancy of that space by fewer than fifty users, as further detailed in the grant application, and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. 10.2 An Ordinance Amending The City of Ithaca Municipal Code Chapter 325- 20D, Entitled "Off-Street Parking-General Requirements," in order to repeal parking maximums in the R1 and R2 Districts A. Declaration of Lead Agency — 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 "unlisted" 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 repeal amendments to the off street parking ordinance. B. Declaration of Environmental Significance —_Resolution WHEREAS, on June 6, 2012, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325.2.0 ("Off Street Parking") of the Municipal Code for the City, and WHEREAS, portions of said ordinance, as written and adopted are unenforceable in their current state; and WHEREAS, having unenforceable regulations is undesirable and can be avoided by a repeal of said ordinance, and WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to repeal the amendments to the off street parking ordinance regarding the R1 and the R2 zone, that were adopted by the Common Council on June 6, 2012, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAT), dated June 30, 2011, and WHEREAS, the proposed action is an "unlisted" 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 Short Environmental Assessment Form, dated June 30, 2011, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that 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. BACK-UP ITEM 10.2 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SERF) Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Repeal of§325-42, Collegetown Overlay Zo Height Incentive District (COZ-HI), of the Ci Municipal Code 3. Project Location: City of Ithaca 4. Is Proposed Action 0 New ❑ Expansion ❑ Modification/Alteration 5. Describe project briefly: The proposed action would repeal portions of §325- 20D(3), which were adopted by the Common Council in June of 2012. The language that was adopted in June 2012, was intended to remove parking requirements in the R-1 and R-2 zoning districts and to impose a maximum number of allowable parking spaces. The adopted language created inconsistencies and was confusing and unenforceable. The current action will repeal this language and revert to the previously adopted regulations. 8. Precise Location (road intersections, prominent landmarks, etc., or provide map): R-1 and R-2 citywide 7. Amount of Land Affected: Initially: NA Ultimately; NA 8. Will proposed action comply with existing zoning or other existing land use restrictions? El Yes ❑ No If no, describe briefly: g. What is present land use in vicinity of project: Z Residential ❑ Industrial ❑ Agricultural ❑Parkland/Open Space 0 Commercial ❑ Other 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local)- ❑ Yes E No If yes, list agency name and permiVapproval type: 11.Does any aspect of the action have a currently valid permit or approval? ❑ Yes Z No If yes, list agency name and permit/approval type: 12.As a result of proposed action, will existing permit/approval require modification? ❑ Yes 0 No f certify the reformation provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: DATE: 6/30111 PREPARER'S TITLE: Planner REPRESENTING: Qty of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part 11 To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Name of Project: Repeal of portions of§325-20Q(3), Off Street Parking Regulations Yes No 1. Will project result in a large physical change to the project site or physically ❑ alter more than one acre of land? 2. Will there be a an change to unique or unusual land form found on the site Y q or to any site designated a unique natural area or critical environmental area ❑ by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? El 4. Will the project have an impact on groundwater quality? ❑ 5. Will the project affect drainage flow on adjacent sites? ❑ 2 5. Will the project affect any threatened or endangered plant or animal species? ❑ 7. Will the project result in an adverse effect on air quality? ❑ 8. Will the project have an effect on visual character of the community or scenic ❑ views or vistas known to be important to the community: g. Will the project adversely impact any site or structure of historic, pre-historic, or paleontological importance or any site designated a local landmark or in a ❑ landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ ❑ 11. Will the project result in traffic problems or cause a major effect to existing ❑ transportation systems? 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after ❑ completion? 13. Will the project have any impact on public health or safety? ❑ 14. Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one-year period OR El 51 have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? ❑ If any question has been answered YES. a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE.- DATE: 4/8/13 PREPARER'S TITLE, Planner REPRESENTING: City of Ithaca C. An Ordinance to Amend The City of Ithaca Municipal Code Chapter 325 20D Entitled "Off Street Parking-General Re uirements " in order to repeal parking maximums in the R1 and R2 districts WHEREAS, on Tune 6, 2012, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325-20 ("Off Street Parking") of the Municipal Code for the City, which included restrictions on the maximum number of parking spaces allowed in the R1 and R2 zoning district, and WHEREAS, the adopted amendments to the Off Street Parking Ordinance have created inconsistencies within the zoning ordinance making it confusing and unenforceable, and WHEREAS, a subcommittee consisting of City staff and Common Council members have begun examining the possibility of eliminating minimum parking requirements citywide, and WHEREAS, the Common Council has determined that, given the inconsistencies with the existing ordinance and the fact that a subcommittee will be evaluating minimum parking requirements citywide, that the adopted ordinance should be repealed and reverted back to the previous regulations regarding off street parking, until such time as the subcommittee evaluation is complete, now, therefore be it ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE 2013- Section 1: Chapter 325-20D(3) entitled "Off-Street Parking-General Requirements" of the City of Ithaca Municipal Code is hereby amended to read as follows: (3) Maximum number of off-street parking spaces permitted in C] 1 and R 21 rli t 'G+ 4 Ruffrbef-req u i red for-�l other striGts. Section 2: Chapter 325-20.D(3)(c) is hereby deleted in its entirety_ (� Maximum numbe. r,f narlrinn spares in C7_1 ar R_`] rli�ctrir•tc Cnr a�rh h,iilrli � GT�P�.'IGi I CCTI T[�spares f'�r-OTT�C-�CiT.�TTT VTa1^OTG'C+CQT4L7ITC7'1 lsnr+ rY paFkinnlln�+n�}� nrrynry,�}e hin yan Q_1 or R 2 zeninn di6trir•4 Whir+h builrlin"F [T4wc7,�t.-T-&-n�l�-i 4y-e`sr i"lr�.hed,�GGtf "' ed-�-enlar�}ed-enlarged _ r trrr'r rl nFc� of this CnrtlR 41V af-Gh—•,1-99L:1 the maximurn numhar nf-off-st-reet-parking--spaces per itt�'Trcred shraT�� tS RF' F-F buildings that were not newly - OF , �a lee-nts ill -deter �r�iey-""Feperti r histery by the Chi tilding department tif'1 Adult rla1r Gare homeer group 1 {�m'entuse, plus1 per 2 c+' .GOFY Staff or adult rlaxr Gaga-uv+ 44c empleyen nrxf ra irlin Inn +he3 pram ccae• 1'Sor I,-per 4 nersr.ns he ased -DAw ellinr� r 43A 1 per 3 berlrnom or I ep'nr+ rooms rxli S 1 per a�errcrm�--rn-m[ vrn-rr i `D additional herlreom or sleeping rooms pli isper 1 renal hararoom or lee. svrrcrrz�c�c+ra��nresr�r ee exr..ess of 5 si inh rooms FI Fatarnitxr care ritxr OF nrnU 1 per c•orrtn[z hrl11Aa11 118 house ,��^^house ROOMiRg Ew boarding house ') per 3 sleeping reruns 17i rrlitorir rm rxr theater '11 per 5 se-ff- Bar tavern or restai ar 4-per 50 square foot of net floor area of the assembly_ n•aGe Bed and hraakfast hrama rxr 1 per quest Fee bed and-breakfast inn 2 per hoswxlinrr lane � � al ..-me o 1 per !0 seating spares mortuafy Fitness renter or health Glsib 1 per 5 nersrxAs allawe4 ne determined by the We Pe-eGoupatian-f f-i R g 1 s p a Ge special permit rHospital or ne irsinra or 1 oar 5 patient bed Hotel or motel 1 per quest room Merlinal or deptal office a, per 250 square feet of ne+ assignable Floor area N irsenr school, xr Ghild day 1 per 2 emploees plus 1 per 16 pupils enrollerl x rare renter or private elementary or sernnrlar_xr r f U I Spaees Required2 School (lffine nr home 1 per 250 quaFe font of net acs-irrnahle flvv:oor rr area R-eta4I Store or neiohhnrhnerl 4 per 500 crrYYare feet_Gf net aceirannhlc� f � u.a..rryY Yaa.,,Y nornmerGial faditar area Whndecaln er induef�e. '1 per per 2 crempreyees on m Y Y avimm c.e,nrlr_shi# "' l7 8 per ramn4 Boat �aufw�h Boat-st�a finer 7 employeesen mavimY Ym chit+ Blatei 1 per 2 s-leeninn. rnraR4.S MaFiRa per A berths- Var y 1 per 4 aTmbeF faFnilicc Human ceraril_a arl,nnr•.ie and 1 per 250 s-rreYara,ffeet ,yr+r area GePAefS NOTE Shall hcs rmm�aetcarl ctr-frrvr-c arihY use, se, -and 1LC, trt n;q fnrr aarllr�arraS3cCS��Srhraan11 he provided in Prr�nrua_.R.Ge with this sser_-fien 2 see _ o� iStrint Regulations- _Gha�_E�#�_m.'_ 9te. y4 GGP 1-!r�`e �v r.�mcsr-rcc iCaT6rrrGTT�r vnr f'h Rrf is F' Y� fprk� ffioe fee dic+}�+ts- which off_ V1T����f11T"��-/'G�'rf'�-�t4 rTS�s o}7�'Tri ��rS.1 rlff-I�TTfrQI'T�OTr- Street parl/a - Y[! not req YYref'l 3 III 1�rry� OR street parking nr t1'a r^Gtafio _lesser parkiRg t will meet the parkiRg-Relme'GISS 1 Tl�f the �1Y-Y use determine rfl ll^Yr4 Gon ideratYnn of special r1Brm Yt that a lesw Ar OT-L1�G�r�7li Y iTlTC77TF i� l39'I��TCTG1TTCfOTTVr-�QTl7T"FT'�i r'fTrf�lY Y�L�TCr��Gr eff Street narkine. req riromnRt- �CyF r Pr3aa+te and w"' _nAt. haV '-+CaG♦!o Yr n the SuneIndian r+eighberhov� 4 Beat �aURGhir,n ramp hall Maintain 7504 of their parking mares at a size c) 40-feet-_Y 40 feet to aGGOmmedate boat trailers. GORSI tit th—New York Park- and R�II n flenartment O __ rprraai ementS for Maneuvering-. Section 7. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 8. 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 9. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.. 13- NEW BUSINESS: 13.1 Authorization of Revocable License for Congo Square Market— Resolution 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 Straet, since2DO9' and VVHEREA8, the current co-sponsors of the Congo Square Morkat, narnek/. the |UlaCa Youth Bureau, (m department of the City of Ithaca), the Southsida Community Center Inc- (a not-for- profit corporation that leases a City-owned bu1|d|ng). and Cornell Cooperative Extension, have requested permission tooperate the Market @t the same location in2O1J. On every Friday evening (4:OQp-nn. to8-8O pm) from June 7. 2O13, through September 1J. 2013� 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 17Oof the Municipal Code of the City of Ithaca (Use of City Real Property), such use of City parkland (for an event lasting more than five days aka time or that occurs more than four times over the course of a year) requires the approval of Common CouDoU� now therefore be it RESOLVED, That the Common Council, asii did in2O89. 2O1O. 3011. and 2Q12 finds that the proposed Congo Square Market, as described by its sponsors and as experienced in operation over the last four years, constitutes a recreation-related use of the park adjacent to the Southo|de Community Cenier, vvh|oh use, due to its limited duration (i g,. 4 hours atatime, on 1S 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'8 appeal and benefit to the public: and bmi\ 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 regu|ations, and upon receipt of properly completed application from the co-sponsors ' to issue a revocable license to the Ithaca Youth Bureau' the Goutheidm Community Center. and Cornell Cooperative Extension permitting such co-sponsors tooperate the proposed Congo Square Market ina portion 0f the City park adjacent to the Gouthside Community Center on 8OuthP|@inStreet. fortMer8qumS\edpehOdOft|rOe (between4�OOp.nn. ondB:OOpnl^ eaCh Friday between June 7, 2013, through September 13, 2013), and containing the standard terms and conditions of such a license, with regard to liability �nsurance coverage, indemnification of the City, handling of trash and waste, vendor conduct. amplified sound, and other pertinent matters: and baitfurther RESOLVED, That as the City has not yet established a regular fee for such seasonal use of its parkland, Council hereby sets a fee of01.OD for each day Df operation Df the Congo Square Market, with the total amount due from the sponsors for the requested number of days being $19.00. 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14.1 Alder person Smith Resolution to Select Artwork for a Mural Installation on the East Wall of the Seneca Street Parking Garage 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 10, 2010, and WHEREAS, local artist Kellie Cox-Brday submitted her proposal for a mural titled "Rodbeckia hirta — Black Eyed Susan" as part of the PAC's Mural and Street Art Program, and WHEREAS, the 'PAC discussed Ms. Cox-Brady's mural proposal at its meeting on October 24, 2012 and, upon review of the potential mural sites pre-approved by the Board of Public Works, agreed that the east wall of the Seneca Street. Parking Garage would be an appropriate location for the proposed mural, and WHEREAS, the PAC held a public comment period on the proposed mural design and recommended location at its meeting on April 24, 2013 to gather input on the proposed installation, and WHEREAS, PAC members have also sought input from adjacent property owners and business owners as well as City staff, and the responses to the mural proposal have been positive, and WHEREAS, the artist has raised private funding to finance the mural, and the proposed installation would be budget-neutral to the City, and WHEREAS, at its meeting on April 24, 2013, the Public Ark Commission unanimously voted to recommend that the Common Council select the "Rudbeckia hirta — Black Eyed Susan" mural proposal submitted by Kellie Cox-Brady to be installed on the east wail of the Seneca Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the mural "Rudbeckia hirta --- Black Eyed Susan" by Kellie Cox-Brady to be installed on the east wall of the Seneca 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 her mural upon the execution of an agreement with the City (as reviewed by the City Attorney).. &cl qD Kellie Cox- Brady: `Rudbeckirr hirto — Black Eyed Susan' Mural Concept Now r I' 1 w r �..� '� _ --_' �.cJ' y ,J ea+s�Y-.r r �� `- ..-ter -._ �• Biography: Kellie Cox-Brady uses traditional art media and computer design techniques to create natural scientific illustrations and art. She was born and raised in Delaware and graduated from University of Delaware in the spring of 2009 with a double major in Landscape Horticulture and Plant Science. Kellie moved up to Ithaca, NY after graduation. She's currently working as a landscape designer for The Plantsmen Nursery, a scientific illustrator for Cornell University and a freelance illustrator/artist. In 2011 Kellie received her Botanical illustration certification from Cornell University. She then went on to develop a CEU course for Cornell University-Botanical Illustration III:Advanced Techniques. She recently took part of the 21 boxes project—a mix of botanical illustrations an an electrical box. Kellie enjoys the outdoors,gardening, animals,friends,family and creating art. Location: Aurora street side,Seneca street garage. I'm very interested in this wall for several reasons; the wall space has unique angles and is a blank canvas that is begging to be painted on! Being in downtown Ithaca,this wall is directly across the street from Bool's Flower Shop. This flower shop is one of the oldest businesses in town (since 1894).This mural facing Bool's'Flower Shop would be a great match! Also, having this mural will help bring more beauty to Aurora St. and also educate the public more on the fine detail's of botanicals. I chose this specific botanical illustration, Black Eyed Susan since it has many details in its flower and is native to the New York region. This plant has a burst of bright yellow petals during the heat of summer,interesting pattern of stamens and has very furry stems. Estimated Time Frame: Depending on weather situations and the start date, I would estimate to complete the project in 1-2 months. As a landscape designer I have busy seasons,if the project can coordinate during my slower months I will be able to complete it sooner than two months. Materials Needed:Total cost amount-$945.00 -Acrylic Exterior Paint: Black, Brown,Yellow,White,Green,Blue,©range -Ladder -Base Cleaver -White Primer -Varnish -Brushes(various sizes)and Rollers -Paint Tape -prop Cloth -Water -Paper towels 15. MAYOR'S APPOINTMENTS: 15.1 Board of Fire Commissioners — Resolution RESOLVED, That Robert Sparks be appointed to the Board of Fire Commissioners to replace Lyman Baker with a term to expire June 30, 2014, and be it further 15.2 Community Police Board — Resolution RESOLVED, That Johnny L. Wright be appointed to the Community Police Board to replace Gino Bush with a term to expire December 31, 2013, and be it further 15.3 Planning and Development Board — Resolution RESOLVED, That Isabel Fernandez be appointed to the Planning and Development Board to replace Noah Demarest with a term to expire December 31, 2015.