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HomeMy WebLinkAbout06-04-14 Common Council Meeting Agenda OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, June 4, 2014, 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 Presentation of Quarterly Employee Recognition Award 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR— COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and TechnologV: 8.1 Le Cafe Cent-Dix Alcohol Permit Request - Resolution City Administration Committee: 8.2 Attorney - Authorization of Revocable License for Congo Square Market - Resolution 8.3 Approval of the 2014 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium - Resolution 8.4 Youth Bureau — Request to Fund Cass Park Pool Emergency Repairs - Resolution 8.5 Youth Bureau — Request to Amend 2014 Youth Bureau Budget for Youth Employment Services — Resolution 8.6 GIAC — Request to Amend Budget for Hospitality Employment Training Program Grant— Resolution 8.7 IPD - Request to Amend 2014 IPD Budget— K9 Unit Grant - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Urban Renewal Agency (IURA) - Hotel Parking Agreement with Hotel Ithaca LLC A. Declaration of Lead Agency - Resolution B. Environmental Determination - Resolution C. Parking Agreement with Hotel Ithaca LLC - Resolution 9.2 Ithaca Urban Renewal Agency (IURA) - Match Funding for Local Waterfront Revitalization Program Grant, Relocation of NYS DOT Maintenance Facility Feasibility Study — Resolution 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. 9.4 A Resolution to Authorize a Transportation Alternatives Program (TAP) Application - Resolution 9.5 City Controller's Report Common Council Meeting Agenda June 4, 2014 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Snow Enclosure of the Green Street Parking Garage 10.2 2014 Ithaca Urban Renewal Agency (IURA) Action Plan, HUD Entitlement Grant — Resolution 10.3 Expansion of the Local East Hill Historic District to Include 109, 111, 112, 114, and 115 Orchard Place - Resolution 10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178 entitled "Exterior Maintenance" in Order to Impose Total Ban of Outdoor Wood-Burning Furnaces within the City 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 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 May 7, 2014 Regular 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 contact the City Clerk at 274-6570 at least 48 hours before the meeting. Julie Conley Holcomb, CIVIC City Clerk Date: May 29, 2014 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Le Cafe Cent-Dix Alcohol Permit Request - Resolution 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. 8. CONSENT ITEMS CONTINUED: City Administration Committee: 8.2 City Attorney - Authorization of Revocable License for Conqo 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 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 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. REVOCABLE LICENSE AGREEMENT FOR CONGO SQUARE MARKET THIS AGREEMENT, made this day of May, 2014, by and between: ► SOUTHSIDE COMMUNITY CENTER with a mailing address of 305 South Plain Street, Ithaca, New York 14850, as sponsor of the CONGO SQUARE MARKET (hereinafter referred to as "Licensee"); and ► CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca,New York 14850, hereafter referred to as "CITY," WITNESSETH THAT: WHEREAS, CITY is the owner in fee simple absolute of a parcel of park land with certain improvements thereon in the City of Ithaca, County of Tompkins, State of New York, immediately north of the Southside Community Center, on South Plain Street, and WHEREAS, in 2009, 2010, 2011, 2012, and 2013 the sponsors of an ongoing event known as the Congo Square Market received a license from the City of Ithaca to operate a weekly, outdoor market for local vendors on such City-owned parkland; and WHEREAS, the vendors for the Market are expected to include both small-scale, local entrepreneurs and City-sponsored youth projects; and WHEREAS, on May 7, 2014, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca ("Use of City Real Property") Common Council approved by resolution the use of such City parkland for the Congo Street Market every Friday between June 6, 2014 and September 12, 2014 during the hours of 4:00 pm to 8:00 pm; now therefore IT IS HEREBY AGREED, that in consideration of the mutual covenants, monetary consideration, and other valuable consideration described herein: 1. CITY hereby licenses Congo Square Market to use the area north of the Southside Community Center on South Plain Street for its Friday marketplace, subject to the conditions described herein: • Licensee will be responsible for removing any and all garbage or refuse from the above-referenced licensed premises each Friday at its own expense, or in the event that Licensee does not remove such garbage, Licensee agrees to reimburse the City an appropriate amount for placing such garbage in the City owned dumpster on the premises. • Licensee will be responsible for assuring that vendors for the Market obtain requisite permits for any amplified sound, food concessions, amusement concessions, or other permits conducted on the licensed premises and are required by the Municipal Code of the City of Ithaca. 2. The licensed premises described above may be used by Licensee on all Fridays between June 6, 2014 through September 12, 2014 during the hours of 4:00 pm and 8:00 pm provided requisite proof of insurance is submitted as described below. 3. The Licensee agrees to assume any and all liability which may arise as a result of said use, and to hold the City harmless and defend against any actions brought against the City arising from or as a result of said use. The Licensee also agrees to obtain and keep in force a liability insurance policy for the benefit of the City of Ithaca and naming the City as an additional insured in the amount of one million dollars ($1,000,000) and to deliver same to the City of Ithaca before use of said premises. 4. The Licensee further agrees to pay the City of Ithaca a fee of $1.00 for each day of operation, with the total amount due amount from the sponsors for the requested number of days being $15.00. 5. If the City of Ithaca requires complete possession of the premises for any municipal, state and/or federal purpose, then this agreement may be modified or terminated by the City upon fifteen (15) days' written notice to Licensee, except in the case of an emergency, in which case the notice period may be shorter, as necessary. In the event of such modification, Licensee may elect to terminate the agreement upon written notice; in the event of such termination by either party, Licensee shall owe the payment described above only for the days the Congo Square Market was in operation prior to such termination. 6. The Licensee agrees to keep the licensed premises clean and in a safe condition for the said uses. 7. The Licensee agrees to require all vendors to abide by all posted parking regulations. 8. The Licensee shall not discriminate against any employee, applicant for employment, contractor or subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. 11. Workers Compensation and Disability Coverage: A condition for entry into this agreement is the presentation by the Licensee proof that the Licensee either provides the levels of workers compensation and disability coverage required by the State of New York, or that it is not required to provide such coverage. CITY OF ITHACA By: Svante L. Myrick Date Mayor 2 CONGO SQUARE MARKET, INC. By: Kenneth McLaurin Date Southside Community Center APPROVED AS TO FORM: City Attorney Date STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On this day of , 2014, before me, the undersigned, a Notary Public in and for said State,personally appeared SVANTE L. MYRICK,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: On this day of , 2014, before me, the undersigned, a Notary Public in and for said State,personally appeared KENNETH MCLAURIN,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person of which the individual acted, executed the instrument. Notary Public Attachments: Certificate of Liability Insurance naming City as additional insured Proof of Workers' Compensation Garbage Removal Plan 3 8.3 Approval of the 2014 Amendment to the Municipal Cooperative Agreement for the Greater Tompkins County Municipal Health Insurance Consortium - Resolution 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. Exhibit A Section K(5). The Union Members on the Joint Committee shall select from among the Union Members an individual to serve as an additional at-large voting Labor Member on the Board of Directors of the Consortium. If the number of municipal members on the Consortium rises to seventeen (17), the union members of the Joint Committee shall select from among the Union Members an additional at-large voting Labor Member on the Board of Directors of the Consortium. The at-large voting Labor Member(s) along with the Joint Committee Chair shall collectively be the "Labor Representatives" as defined in Section C(11) of this Agreement. If the number of municipal members on the Consortium rises to twenty-three (23). the Union Members may select from amona their members a third At-Large Labor Representative to serve as a Director. Thereafter, for every increase of five (5) additional municipal members added to the Consortium Union Members may select from among their members one (1) At-larae Labor Representative to serve as Director. Attached hereto as Addendum "B" is a table illustrating the addition of At-Large Labor Representatives as set forth in this Section. Any At-Large Labor Representative designated accordina to this section shall have the same rights and obliaations as all other Directors. Addendum "B" Illustration of At-large Labor Representative Calculation Total Number of Total Number of At-Large Participants Labor Representatives <17 1 17-22 2 23-27 3 28-32 4 33-37 5 38-42 6 8.4 Youth Bureau — Request to Fund Cass Park Pool Emergency Repairs - Resolution 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 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. �0uth Burg i • Ithaca Youth Bureau U y 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 "Building a foundation for a lifetime." To: City Administration Committee From: Jim D'Alterio, Facility Director Liz Vance, Acting Director Date: May 21, 2014 Subject: Cass Park Pool Wall Repairs Portions of the Cass Park Pool walls sustained significant damage during this past winter and spring presumably during freeze/thaw cycles. There are approximately 105 linear feet of pool wall that needs to be prepped and repaired. The quoted cost for repairs is $17,338. We request a 10% contingency of$1,733 added for the likely gutter repairs that will present during the preparation process. The total repair funds requested is $19,701. If the repairs do not take place, further damage to the pool structure will occur and the pool will be unable to operate. In 2013 the Cass pools averaged 335 visits daily and a total of 21,078 visits for the season. The pool is an important part of many summer programs such as: Cass Park, Stewart Park and GIAC day camps. In 2014 the IYB commissioned a pool assessment completed by Tetra Tech Architects and Engineers for a comprehensive overview of the 42 year old pool to determine its current state and recommended repairs and/or improvements. The gutter system issues that are believed to be the cause of the wall failures were reviewed and options were presented ranging from sealing to replacing the gutter system. These options will be reviewed and we will utilize the Capital Project process for long term solutions for this issue. 8.5 Youth Bureau — Request to Amend 2014 Youth Bureau Budget—Youth Employment Services - Resolution 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 -kc th Bur,QG Ithaca Youth Bureau i 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273 2817 "Building a foundation for a lifetime."D — mil rrrrrmrmrrrrm i i i l l i BACK-UP ITEM 8.5 To: City Administration Committee From: Suki Tabor, Program Coordinator Liz Vance, Acting Director Re: Youth Bureau Budget Amendment Date: May 28, 2014 We have been advised, by the Tompkins County Workforce Investment Board that we will receive $131,730.84 in funding for Tompkins Summer Youth Employment Program. Although we are awaiting final confirmation, we are pleased that we may be able to offer summer employment to additional teens this summer. We would like to amend the 2014 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board 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 Thank you. 8.6 Greater Ithaca Activities Center (GIAC) — Request to Amend Budget for Hospitality Employment Training Program Grant - Resolution 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: Increase Revenue Accounts: A731 1-4989-01 1 62 Federal Aid Other $86,000 Home and Community Increase Appropriate Accounts: A7311-5110-01162 Staff Salaries HEPT $43,018 A7311-5120-01162 Hourly P/T HEPT 8,910 A7311-5415-01162 Clothing HEPT 2,500 A7311-5425-01162 Office Expense HEPT 1,000 A731 1-5435-01 1 62 Contracts HEPT 4,500 A7311-5440-01162 Staff Development HEPT 5,160 A7311-5460-01162 Programs Supplies HEPT 4,984 A7311-9010-01162 Retirement HEPT 4,689 A7311-9030-01162 FICA/Medicare HEPT 3,291 A7311-9040-01162 Workers Comp HEPT 258 A7311-9060-01162 Health Insurance HEPT 7,690 $86,000 Please complete the following: Use of Funds SOURCES ($) by Category (funding source) (funding source) (funding source) (funding source) TOTAL Private PROJECT COSTS Donations CDBG Program Manager $50,000.00 $50,000.00 Stipends $ 4,500.00 $ 4,500.00 Uniforms/Equipment $ 2,500.00 $ 2,500.00 Program/training $ 6,160.00 $ 6,160.00 Subsidized Training $16,600.00 $16,600.00 Childcare,etc. $ 6,240.00 $ 6,240.00 Total: $86,000.00 $86,000.00 SOURCES($� Use olTnnds TOTAL -Kind Fund Raising Good Works CDBG/ PROJECT COSTS By Category Donation Campaign FoundatioD- HOME .z staff Costs $35,000 $12 $47,000 Transportation $3- 0 I $3,000 Materials $10,000 $10,000 Room Rental $2,400 $2,400, Mailings and $500 $500 Marketing . Total: $35 000 $3,000 $12,000 $12 900 $62 900 Please provide the following,on 8.5"x 11"sheets labeled with agency name,project name,and date. ❑ Resumes of key staff or consultants who will be responsible for this activity. ❑ A list of your organization's current board members,if applicable. ❑ A letter of commitment from every individual and entity partnering with this project. ❑ Letters of support. CERTIFICATION I certify the statements made in this application are true and correct. SIGNED Date February 28,2013 Print Name Marcia J.Fort Title Executive Director Is your organization a 501(c)(3)? Yes X/No❑ DUNS#of entity Return two copies of this preliminary proposal by Noon,March 1,2013 to Ithaca Urban Renewal Agency 3r'd Floor, City Hall 108 E. Green Street Ithaca,NY 14850 April 30, 2014 Hi Steve, The HETP Budget for 2013-2014 totals $86,000. We are requesting that the City provide up front funding for $66,600 of the grant amount. The additional $19,400 will be provided by GIAC Board funds. Both The City and the GIAC Board will be reimbursed for the up- front funds they provide. Nagiane will voucher the IURA as needed. The City up front funds will be used in the following accounts: • 110 - Staff Salary $50,000 for Nagiane Lacka's salary. Her current salary is $43,018. • 120 - Hourly Part-time $16,600 Stipends for program participants 6-8 week internships Please let us know if additional information is needed. We appreciate your help. 8.7 Ithaca Police Department (IPD) - Request to Amend 2014 IPD Budget— K9 Unit Grant - Resolution 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 9. CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Urban Renewal Agency (IURA) - Hotel Parking Agreement with Hotel Ithaca LLC: A. Declaration of Lead Agency - Resolution 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, 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. B. Determination of Environmental Significance - Resolution 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 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. C. Parking Agreement with Hotel Ithaca LLC - Resolution 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 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 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. 5/14/14 Term Sheet Hotel Parking Agreement City of Ithaca/Hotel Ithaca LLC 1. Hotel parking: • Designate a minimum of ninety (90) parking spaces in eastern section of the Green Garage for non-exclusive and shared use by hotel guests and hourly public parkers. Hotel guests may additionally park in any space available to the general public in the Green Garage. • No exclusive reserved hotel parking spaces 2. Hotel guest loading: Designate two (2) public loading spaces next to the hotel entrances at the garage for use by the public, including hotel guests. 3. Term: • Initial term: 20 years from opening of hotel (assumed 2015) • Extension(s): Options for annual extensions for as long as the City operates the eastern portion of the Green Garage for public parking. • See Section 7 for an extension of the initial term for up to an additional 25 years (to approximately 2060) under certain circumstances 4. Rate per parking space: Prevailing current public rate for monthly parking. The 2014 rate in the Green Garage is $79.50/month. The parking rate will be adjusted in the future to match changes in the public rate for monthly parking. 5. Monthly fee (stabilized): Public rate for monthly parking x 90 spaces =flat monthly parking fee 6. 5-year phase-in monthly Price based on projected average yearly occupancy rate: rate: • Year#1: public rate for monthly parking x 78 spaces • Year#2: public rate for monthly parking x 81 spaces • Year#3: public rate for monthly parking x 85 spaces • Year#4: public rate for monthly parking x 87 spaces • Year#5 (stabilized): public rate for monthly parking x 90 spaces 7. Contingencies in the • 90 spaces represent 20% of the Green Garage's capacity. Following event that eastern the initial 20-year term, a pro-rata number of parking spaces in the section of the Green remaining operable portion of the Green Garage will be designated for Garage becomes non- hotel guest/hourly parking. For example, if the operational number of operational parking spaces was reduced to 300 spaces, then a minimum of 60 spaces would be designated for hotel guest/hourly parking (300 x 0.20 = 60 spaces). • Upon decommissioning of the eastern section of the Green Garage and a City declaration that the section is surplus municipal property, Hotel Ithaca may exercise an option to acquire the eastern section, along with an access easement over the central section to provide access to and from Green Street, for$1 for use as private parking. • Following the initial 20-year term, in the event 90 parking spaces for hotel guests are not available in the Green Garage but assuming a minimum of 30 spaces are still available in the Green Garage, Hotel Ithaca may exercise an option to relocate up to 60 parking spaces at a nearby alternative parking facility subject to the following qualifications: - Location: at City's discretion, but no greater than 1,000 linear feet from the hotel. - Price: 125% of the public rate for monthly parking for each space located off-site of the Green Garage - Term: 10 years (approximately 2035-2044)with options for an additional three 5-year terms (ending in approximately 2060 8. Hotel guest Hotel guests not charged at exit gate with hotel validation. Unlimited entrance/exit: number of entrance/exits by hotel guests. 9. City facility • City agrees to manage parking operations to ensure sufficient parking management: availability for hotel purchased parking during normal parking demand subject to verification of hotel guest parking utilization assumptions. The annual average hotel guest parking demand is 90 spaces per day. The annual average peak hotel guest parking demand is 119 spaces per day. • City agrees to establish 2-way circulation lane between the center and eastern sections of the Green Garage to provide a short-cut route to the top deck without the need to drive through designated hotel/hourly parking area of garage. • City agrees to reserve 90 parking spaces for exclusive hotel guest use on up to twelve (12)days per year selected by Hotel Ithaca to address specific times of high hourly parking demand downtown, such as during special events or graduation weekends. • City agrees to work cooperatively with Hotel Ithaca to facilitate development of a future access control system when equipment is upgraded that will allow hotel guests to use active hotel room key cards for entry/exits in a manner that provides the City with internal accounting control of all entries/exits. Assumptions: Stabilized average hotel occupancy rate: 75% • Drive rate/occupied room: 75% • Total rooms (keys): 159 • Average parking demand for hotel guests: 159 x 0.75 x0.75 = 90 spaces • Peak parking demand for hotel guests: 159 x 1.00 x 0.75 = 119 spaces • Parking Spaces in Green Garage: 448 spaces • All hotel employees and vendors will purchase parking separately. • Surface parking under Green Garage excluded from this agreement. Termination • Hotel Ithaca, LLC shall have the right to terminate the parking agreement at any time in their sole discretion. CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. Date: 7-12-13 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Common Council Parking Agreement with Hotel Ithaca LLC for Proposed Hotel located at 120 S. Aurora Street 3. Project Location: 120 S.Aurora Street 4. Is Proposed Action: X New o Expansion o Modification/Alteration 5. Describe project briefly: Parking agreement to provide parking for an average of 90 hotel guests. Primary parking will be provided in the eastern section of the Green Street parking facility for non-exclusive parking to be shared by hotel guests and hourly public parkers. 6. Precise Location(Road Intersections, Prominent Landmarks, etc. or provide map) Green Street parking garage, 120 E. Green Street, Ithaca, NY. 7. Amount of Land Affected: Initially NA Ultimately NA 8. Will proposed action comply with existing zoning or other existing land use restrictions? X Yes o No If No, describe briefly: 9. What is present land use in vicinity of project: o Residential o Industrial o Agricultural o Parkland/Open Space X Commercial o Other Describe: 448-space existing parking garage serves downtown users. 10. Does action involve a permit/approval, or funding, now or ultimately, from governmental agency (Federal, State or Local): X Yes o No If Yes, List Agency Name and Permit/Approval Type: City of Ithaca Common Council approval required. 11. Does any aspect of the action have a currently valid permit or approval? o Yes X No If Yes, List Agency Name and Permit/Approval Type: 12. As a result of proposed action will existing permit/approval require modification? o Yes X No I certify that the information prov' ed above is true to the best of my knowledge. Y� PREPARER'S SIGNATURE-- DATE: July 12, 2013 PREPARER'S TITLE: Nels Bohn, Director of Community Development REPRESENTING: Ithaca Urban Renewal Agency SHORT ENVIRONMENTAL ASSESSMENT FORM Part II 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. ame of Project: Parking Agreement with Hotel Ithaca LLC for Proposed Hotel located at 120 S. Aurora Street Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ x more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ x 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? ❑ x 4. Will the project have an impact on groundwater quality? ❑ x 5. Will the project affect drainage flow on adjacent sites? ❑ x 6. Will the project affect any threatened or endangered plant or animal species? ❑ x 7. Will the project result in an adverse effect on air quality? ❑ x 8. Will the project have an effect on visual character of the community or scenic views ❑ x or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre-historic, or ❑ x 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? ❑ x 11. Will the project result in traffic problems or cause a major effect to existing ❑ x transportation systems? 12. Will the project cause objectionable odors, noise, glare,vibration, or electrical ❑ x 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? ❑ x 14. Will the project affect the existing community by directly causing a growth in ❑ x permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? ❑ x If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: DATE: 7-12-13 PREPARER'S TITLE: Pla ' r REPRESENTING: City of Ithaca j:\stafflnels\iura\city\parking\seaf part ii-hotel parking agreement 7-12-13.doc E N N M T- o O O (ONNN r � I �O �cC� r L C co cu O} p`z m 0''Unn U L L V cu U c N L g of O ( >1 U c O N cua oU — �, a (� X (D m _ � m co +_U � a) 0)U•c — Cq > aic zooa U U) ° n c c cu N E cu u ❑❑❑ _0 El ❑' S ❑ ❑ 4 'UOLLPL 2 D ITT PL ❑❑ cu Q- ao O dQL _ Q ❑ ❑ ❑ U, Q w Lu co w Q ID Q O ❑� p d 4— ❑Q ❑❑ 1S�I3>i2�Vd ❑ a 0 ❑ ❑ a° J U [L U) �Q ° S AUR A ST Lu Ica/ C LL LL AURORA ST o 0 Q o O _ 0 O o ❑ N TIOGA ST Y -Id 2i 2jn1 O � D OCD ❑ U) U o ui w �J z ul c� �- w o J U N w S CAYU T N CAYUGA ST Efla El❑ U) o 0 U)MU) U) ❑ U) z ❑co W J W O ❑� _ ❑m W � � ❑ U) S GENEVA ST U N GENEVASTui ❑}❑ ❑ ❑ ❑ ❑❑ U) ❑ z Q 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 Study- Resolution 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 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. . .fix..,. STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE January 9, 2014 i Honorable Michael Lane Chairman of the Legislature Tompkins County 121 E. Court Street Ithaca,NY 14850 I Dear Chairman Lane: In 2011, Governor Cuomo launched the Regional Economic Development Councils and the Consolidated Funding Application(CFA)to provide each region with the tools to create and implement their own roadmap for economic prosperity and job creation. This community-based model uses local assets to drive local economic growth and has resulted in unprecedented partnerships and collaboration that are building a reinvigorated economy. In the third round of the Regional Economic Development Council initiative, $715.9 million in economic development resources was awarded for projects focused on community development and job creation, direct assistance to business,waterfront revitalization, energy and environmental improvements, sustainability and low- cost financing. The Department of State is proud to have contributed over$12.1 million of that amount. On behalf of Governor Cuomo, I am pleased to inform you that funding has been awarded through the Local Waterfront Revitalization Program of the Department of State under Title I 1 of the Environmental Protection Fund to undertake the,following project(s): CFA#31050 -$56,000.00 Relocation of NYS DOT Maintenance Facility Feasibility Study In the near future,your office will be contacted by the Department of State Office of Planning and Development to begin developing a contract. If you have any questions,please call Kenneth Smith at(518) 473-3373. I am pleased that the State of New York is able to assist your efforts in improving your waterfront. Congratulations and we look forward to working with you on this special initiative. Sincerely, C� -� Cesar A. Perales Secretary of State cc: Kevin I. McLaughlin Edward Marx WVWV.DOS.NY.GOV E-MAIL:INFO@DOS.NY.GOV 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 Protect, and Appropriating Funds Therefore 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 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. ��4 I CITY OF ITHACA �A*# 108 East Green Street, Suite 202 Ithaca, New York 14850-5690 oil !� OFFICE OF THE CITY ENGINEER IPC ....... Telephone; 607/27/4-6530 Fax:; 607/274-6587 To: City Administration Committee From: Tim Logue,Transportation Engineer` s Date: May 5,2014 Re: Additional Budget Request for Traffic Signal Upgrade - Phase 2 On Wednesday, April 9,2014,three bids were opened for the Traffic Signal Upgrade - Phase 2 project, Capital Project#765,PIN 375464. This project will replace 5 traffic signals in the downtown: the signals at either end of the Commons (State/MLK Jr. at Cayuga Street and Aurora Street) and the three signals along Court Street at Cayuga,Tioga, and Aurora. The good news is that the three bids were all within one or two percent of each other, and we therefore feel that we got good competitive bidding. The bad news is that they were all over our estimated cost of$815,000 by about$70,000. The other good news is that we have enough budget to award the construction contract. The other bad news is that we do not have enough budget to sign an addendum with our engineer for construction inspection;the current proposal is about$70,000 over budget. To that end, please consider this memo as a request for additional budget so that we can proceed with both construction and construction inspection. I am requesting an additional$75,000 to the existing budget of$1,103,000. Of that existing budget,the City's current share is approximately$220,000. I believe there are a number of opportunities to recover these funds. First, NYSDOT has verbally indicated that there is a very good chance they can cover the difference between the awarded construction amount and the estimated cost; that by itself would cover the difference. Second, we added some curb work at either end of the Commons into the signal project to simplify coordination; some of that work could be charged back against the Commons project. Third,we have called for the milling and paving of the intersections for each location at a cost of $15,000 to $20,000 each. We don t necessarily have to do this work and could remove some it from the contract. Lastly,there is a$32,000 field change item in the contract, which, if not used to cover overages, can be zeroed out at the end of the contract, providing us additional,possible savings. So, I am fairly confident that there will be considerable savings within the additional budget request. If you have any questions,you can reach me at 274-6535. Thank you. "An Equal Opportunity Employer with a commitment to wurkiorce diversificiuiun." �«� 9.4 A Resolution to Authorize a Transportation Alternatives Program (TAP) Application - Resolution 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 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. CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850-5690 a HO @ OFFICE OF THE CITY ENGINEER RjjT{"' �� Telephone: 607/274-6530 Fax: 607/274-6587 gD �0 To: Board of Public Works From: Tim Logue,City Transportation Engineer Addisu Gebre, Bridge Systems Engineer Date: April 18,2014 Re: Transportation Alternatives Program The New York State Department of Transportation has announced funding availability for the Transportation Alternatives Program (TAP), a competitive federal-aid transportation funding program. This program,under the federal transportation law, essentially replaces the former Transportation Enhancement Program and folds within it a few other, smaller programs, such as Safe Routes to School and Scenic Byways. Staff attended a TAP training recently and we are interested in applying to the program. We seek direction from the Board for project selection and a recommendation to Council to approve the application and provide the local share (at least 20% of the total project cost). The City of Ithaca is eligible to compete for approximately $1.75 million within our NYSDOT region. Based on past experience, they might award 3 such grants in the region,meaning a"target" value for funds would be around $600,000 in federal aid. With the 20% local match, a total project cost could be around $750,000. Anything larger than that would likely require a match of more than 20%. Staff would like to put forward four possible projects for the Board to choose among to recommend to Common Council for approval to submit and for the commitment of the local share. Below are the projects with some notes about how each one might fit the TAP. The Cascadilla Creekway The City recently closed the Sears Street pedestrian bridge over Cascadilla Creek due to structural concerns. We believe there is a strong community desire to rebuild this bridge. The railings along the creek are woefully substandard and need replacement. The segment of Cascadilla Avenue from Tioga Street to Page 1 of 3 'An Equal Opportunity Employer with a commitment to workforce diversification." �a Cayuga Street is part of the Ithaca Bicycle Boulevard plan and an opportunity exists to redesign the shared space along the creek to be more pedestrian and bicycle friendly and calm traffic. Interpretive signs could be included,too. Lastly, the BPW was interested in some enhancements at the intersection of Cayuga Street and Cascadilla Street;this work could be included in the project, as well. This project is likely in the ballpark of$750,000,meaning it would require a $150,000 commitment from the City for the local share. We do not currently have bicycle or pedestrian counts for this area,but we believe them to be substantial. We think this project would be eligible and competitive. The City Court Pedestrian Bridge The City recently closed the pedestrian bridge over Six Mile Creek that is between the back corner of the library and the City Court/Ithaca Police Department. Unless additional funding is provided,we understand that it is the City's intention to maintain this bridge only to carry utilities,but to keep it closed to the public. A current construction cost estimate states that the utility related work will cost about$75,000; design and inspection will increase these costs. The City has $50,000 already authorized for maintenance related work that could be used as most of a local match. We do know that the Planning Department and Police Department have requested that the City work to reopen the pedestrian bridge;presumably the City Court would be interested in this as well. A total project cost for this project would be in the neighborhood of $300,000.We think this project would be eligible and competitive. The Hector Street Sidewalk Over the years, a large sidewalk construction project such as Hector Street,from where the sidewalk ends to the City line,has been a topic of conversation and a possible project for similar funding. To date,we have decided that such a project would be eligible,but due to the previous mechanism for paying for sidewalk,it was usually concluded that there would not be enough community support for such a project,if the adjacent property owners had to pay for a portion of the project. Additionally,it has not been clear to staff that such a sidewalk project would be particularly competitive,with the understanding that there may not be enough density of users on West Hill to make a strong case for the sidewalk. It certainly has its benefits,but we were not sure how they would rank compared to other projects in Tompkins County or central New York. That said, it certainly is an eligible project and we don't want to forget about the possibility of using a program such as TAP as a way to fund a large capital project to construct new sidewalk.A total project cost estimate for extending the sidewalk from Vinegar Hill Road to the City line would be about$1.5 million. It would be possible to Page 2 of 3 use Sidewalk Improvement District funds for the local match or a portion thereof. A project of this scale would require an"overmatch" of more than 20% of the total project costs in order to remain competitive within our region. As noted above,we might be able to get upwards of$600,000 to$700,000 in federal aid;but the rest would need to be a local match. The Black Diamond Trail bridge over the Flood Control Channel This past summer we constructed the Floral Avenue Trail along the Flood Control Channel,which is also a segment of the Black Diamond Trail (BDT). The southern terminus of our construction is where,according the BDT Master Plan, the trail will cross the Flood Control Channel on a new pedestrian/bicycle bridge. This bridge by itself is likely to cost in the ball park of$3 million, which would be too large for the TAP. Continuing the trail along the east side of the channel and connecting to Buttermilk Falls would be more like a$6M total project cost. However,in the past,when we have discussed this project with the New York State Department of Parks, Recreation and Historic Preservation,the main sponsor of the BDT,it seemed likely that they would be able to provide some level of funding for the trail and its associated bridges (a total of 3 needed in the City). Mostly,we wanted to keep this project on our radar whenever funding opportunities arise,but if the Board would like us to pursue this project, we will reach out to NYSPRHP to see if we can assemble a project. Except for the cost, we think this project would be eligible and competitive. Applications are due June 11,2014. If the BPW can take action at their meeting on April 28th,we can proceed to a committee of Common Council in May and to the full Council in June before the application is due. At this point, our staff recommendation would be to pursue the Cascadilla Creekway project. Combining the desire to rebuild the small pedestrian bridge, with the need to replace the railings,with the Bicycle Boulevard and considering the usage this way gets,and the community support such a project would receive, this project looks to be competitive and compelling. Page 3 of 3 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Snow Enclosure of the Green 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 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 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. 318 Hawley Ave. Syracuse,NY 13203 (315) 466-1064 B randonl azore @ yahoo.c om My name is Brandon Lazore. I am Snipe clan from the Onondaga Nation. I graduated Magna Cum Laude from Onondaga Community college where I studied art. My work celebrates Haudenosaunee culture and serves as a learn- ing tool for passersby. I've been painting murals since the mid 90's in many NY cities,primarily my hometown Syra- cuse. Recently,I am becoming more and more well known for my paintings. As you may know,in the summer of 2013,I was chosen to paint a mural to honor of the 400 year anniversary of the Two row wampum. It can be seen there today on the south face of the Seneca street garage in Ithaca,NY. This summer,I will be painting a piece at the Iro- quois Indian museum in Howes Cave,NY. My mural proposal is called"Women's Nomination." It is dedicated to all woman of the Haudenosaunee.In the top right corner of the painting is a silhouette of"Skywoman" a woman falling from Sky World. In moments, she will be caught in the air by flying geese and put on turtles back- "Turtle Island." In her hands she holds roots of the three sis- ters - corn,beans, and squash.The elder woman in the green represents a Clan Mother,grandmother,elder. The woman in the purple blanket is her daughter and the baby is her daughter's daughter. The wampum belt is the Women's Nomi- nation Belt which represents among other things the right that Haudenosaunee woman have to give their child a clan,to chose the names given to the children,and to choose who will be the chiefs in the confederacy. Strawberries represent medicine like a mother's love is medicine to a child. The moon represents fertility and how it's cycle plays a huge role in every woman's life.The Sky Domes in the top left is inspired by traditional Haudenosaunee art decorating our cloth- ing for centuries. It represents the sky world and the plants that were given to us corn,beans, squash, and tobacco. I will be painting this piece mainly in acrylic paint with some details in spray paint. My first choice is the wall under the red steps of the snow enclosure on Green St. Of course I will adjust the shape of the painting to fit the space you choose. The timeline I have available is flexible. I am simultaneously turning this proposal in as a submission for Art in the Heart. As needed,I am happy to work with the Public Art Commission to ensure this project is successful. I feel this mural would be great for Ithaca because it is dedicated to the feminine side of the Haudenosaunee culture, and people can have a better understanding of how important the woman in our culture is to are society. Thank you for your time, Brandon Lazore �. 6 � t - s I Op- FPO, - ON n10,Oe s MALE FOAPAAKML nlAxsAx<r w � "Women's Nomination" o O- Brandon Lazore 318 Hawley Ave. Syracuse,NY 13203 (315) 466-1064 Brandonlazore CC yahoo.com 10.2 2014 Ithaca Urban Renewal Agency (IURA) Action Plan, HUD Entitlement Grant— Resolution 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. 10.3 Expansion of the Local East Hill Historic District to Include 109, 111, 112, 114, and 115 Orchard Place - Resolution 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. 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 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.