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HomeMy WebLinkAbout03-06-19 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, March 6, 2019, 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: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Reports of Municipal Officials 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works (DPW) - Authorization for Mayor to Execute a Memorandum of Understanding (“MOU”) with the Town of Ithaca to permit the Town to use the Route 13 Pedestrian Bridge for the Gateway Trail - Resolution 8.2 An Ordinance to Amend Chapter 146 entitled “Building Code Enforcement”, Section 146-23 entitled “Examining Board of Plumbers” to Eliminate Residency Requirements for Board Members 8.3 Renewal of a Memorandum of Understanding for the City’s Co-Sponsorship with the Rotary Club of Ithaca of the 2019 Fourth of July Fireworks Event – Resolution Department of Public Information and Technology: 8.4 Approval of Viva Taqueria & Cantina Alcohol Permit Request - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Urban Renewal Agency (IURA) – Establishment of Capital Project for Acquisition of the Former Immaculate Conception School Gymnasium - Resolution 9.2 Department of Public Works (DPW) – Authorization for the Implementation, and Funding in the First Instance 100% of the Federal-aid and State-aid eligible costs, of a Federal-Aid and/or State-Aid Transportation Project, and Appropriating Funds Therefore for the Cecil A. Malone Drive Bridge Replacement Project - Resolution 9.3 City Controller’s Report Common Council Meeting Agenda March 6, 2019 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Acquisition of the Former Immaculate Conception School Gymnasium – Declaration of Lead Agency - Resolution 10.2 Acquisition of the Former Immaculate Conception School Gymnasium – Environmental Significance - Resolution 10.3 Revised Allocation of New York State Administered Community Development Block Grant (CDBG) Program Income - Resolution 10.4 An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code entitled “Housing Standards”, Section 210-43 entitled “Certificate of Compliance” to Add Section 210-43(A)(3) 10.5 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-3 entitled “Definitions”, Section 325-3(B) related to the Definition of “Occupant” 10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-47 entitled “Penalties for Offenses” 10.7 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement”, Section 146-9 entitled “Identification and Notification” 10.8 A. An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code entitled “Rental Housing”, to add Article III entitled “Displaced Tenants” B. “Alternative Version” - An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code entitled “Rental Housing”, to add Article III entitled “Displaced Tenants” 10.9 A Resolution Supporting the Reduction of the City-wide Default Speed Limit from 30 Miles Per Hour to 25 Miles Per Hour 10.10 A Resolution Supporting the City of Ithaca’s Vision Zero Plan to Eliminate All Traffic-Related Fatalities and Serious Injuries 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Ithaca Housing Authority Board – Resolution 14.2 Reappointments to Planning and Development Board – Resolution 14.3 Appointment to Workforce Diversity Advisory Committee – Resolution 14.4 Reappointments to the Ithaca Landmarks Preservation Commission – Resolution 14.5 Reappointments to the Board of Public Works - Resolution Common Council Meeting Agenda March 6, 2019 Page 3 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 February 6, 2019 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. Out of consideration for the health of other individuals, please refrain from using perfume/cologne and other scented personal care products at City of Ithaca meetings. Thank you for your cooperation and understanding. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: February 28, 2019 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works (DPW) - Authorization for Mayor to Execute a Memorandum of Understanding (“MOU”) with the Town of Ithaca to Permit the Town to use the Route 13 Pedestrian Bridge for the Gateway Trail - Resolution WHEREAS, the City owns a pedestrian bridge that runs over Route 13 ("Route 13 Pedestrian Bridge"), and the City also holds a permit issued by the New York State Department of Transportation ("NYSDOT") authorizing the City to occupy and maintain the Route 13 Pedestrian Bridge within the State’s airspace; and WHEREAS, the Town of Ithaca wishes to use the Route 13 Pedestrian Bridge for the purpose of constructing a public trail, known as the "Gateway Trail," which is a portion of a long-term joint project to establish a trail system serving this area; and WHEREAS, the Town will be replacing decking to the bridge, and staff is supportive of the Town’s improvements and use; now, therefore be it RESOLVED, That Common Council is supportive of entering into an MOU with the Town, and authorizes the Mayor, upon the advice of the City Attorney, to execute the submitted MOU for the Town’s use of the pedestrian bridge as part of the Gateway Trail. 1 MEMORANDUM OF UNDERSTANDING REGARDING TOWN’S AUTHORIZED USE OF ROUTE 13 PEDESTRIAN BRIDGE FOR GATEWAY TRAIL THIS AGREEMENT, made this ____ day of ______, 2018, by and between: ► The TOWN OF ITHACA, NEW YORK, a municipal corporation having offices at 215 North Tioga Street, Ithaca, New York 14850, (hereinafter referred to as “TOWN”), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY"), WITNESSETH THAT: WHEREAS, the CITY owns a pedestrian bridge that runs over Route 13 (“Route 13 Pedestrian Bridge”) and CITY also holds a permit issued by the New York State Department of Transportation (“NYSDOT”) authorizing the City to occupy and maintain the Route 13 Pedestrian Bridge within the State’s airspace; and WHEREAS, TOWN wishes to use the Route 13 Pedestrian Bridge (also, the “Premises” or “Bridge”) for the purpose of constructing a public trail, known as the “Gateway Trail”; and WHEREAS, the CITY’s Board of Public Works and Common Council have authorized the Mayor to execute this Memorandum of Understanding (“MOU”) allowing the above-described use subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By this MOU, TOWN shall have the right to lawfully use the Route 13 Pedestrian Bridge for the purposes of installing a public trail that will exist thereon throughout the course of the MOU term and any renewals thereof, subject to the terms and conditions set forth herein as set forth in Exhibit A, which is attached and incorporated into this Agreement by reference. The CITY maintains its right and obligation to enter upon the Premises for any purpose, including the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by TOWN of the above-described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by this duly executed and current MOU. In its sole discretion, CITY reserves the right to move or remove any fixtures or improvements within the Premises pursuant to Paragraph 5 of this agreement. 3. Subject to the provisions of Paragraph 4, below, the term of the MOU contained herein shall be for the period commencing upon the date of execution of this MOU and expiring on March 31, 2043. The parties may renew this MOU thereafter on the mutual consent of both parties, for ten-year terms, with the same terms and conditions, provided that TOWN has submitted to CITY any required renewal forms and each party has submitted to the other proof of insurance, before the commencement of such new term(s). 2 4. Notwithstanding any other provisions herein, this MOU may be terminated by either party, upon at least 30 days’ written notice to the other party, if (a) the City’s Permit for Use of State Property referenced in Paragraph 7 below terminates or is revoked, and it is not replaced by a new permit within sixty (60) days of termination or revocation, or (b) the TOWN fails to submit to the CITY required insurance forms within thirty (30) days of the CITY’s request for same, or (c) the CITY, in its sole discretion, determines that the Route 13 Pedestrian Bridge is unsafe for use by the general public. 5. TOWN hereby agrees to install a new deck on the Route 13 Pedestrian Bridge as indicated in Exhibit A in such a manner as to not obstruct the Route 13 roadway and in accordance with the specifications and directives of the City’s Department of Public Works and the general specifications noted therein. CITY hereby agrees to maintain the Premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public’s use of or proximity to said Premises, and to repair or remove any unsafe or improper structure or thing thereupon. 6. TOWN hereby agrees that it is TOWN’s duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License and MOU, to remove the bridge decking installed by the TOWN, if so requested by the CITY. 7. City acknowledges that the City remains responsible for reasonable inspection, repair and maintenance of the Route 13 Pedestrian Bridge, including the decking after the Town installs new decking, per the requirements of its New York State Permit for Use of State Property, Permit No. 33669, dated November 26, 2001. All determinations concerning inspections, repairs, and maintenance (including, but not limited to timing, scope, and suitability) shall be in the City’s sole discretion. If at any time, the City finds that the Route 13 Pedestrian Bridge is unsuitable or unsafe for use by the general public, nothing in this MOU shall limit the City’s ability to restrict the Town’s use or access by the general public to the Bridge. 7. TOWN and CITY hereby agree to defend, indemnify and save each other and their respective officers, employees, elected officials and agents harmless from any loss, claim, injury or damage caused by the indemnifying party’s negligence in connection with the existence, use, repair or maintenance of the Premises, or the failure to maintain the same in good repair and safe condition if the indemnifying party is required to do so by the License and MOU, including reasonable attorney’s fees and court costs. TOWN acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of TOWN’s obstructing, encumbering or occupying any area adjacent to the Premises used to install the trail on the Premises. 8. TOWN hereby agrees to maintain at all times General Liability insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, and as may be otherwise required by the City. 9. CITY hereby agrees to maintain at all times General Liability insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list the TOWN as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, and as may be otherwise required by the TOWN. 9. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to TOWN (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by TOWN. 3 IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. TOWN OF ITHACA (TOWN) By: _________________________________ (signature) __________________________________ (print name and title) CITY OF ITHACA By: _________________________________ Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of ____________, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared __________________________, 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/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. ____________________________________ Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this _____ day of _____________, 2018, 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 who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public Works of such corporation. ____________________________________ Notary Public Approved as to form and content: ______________________________________ ____________________________ City Attorney Date 4 EXHIBIT A: TERMS AND CONDITIONS: In addition to the terms of the License and MOU, the parties agree that: 1. The Town shall be responsible for installation of new bridge decking as part of its construction of the Gateway Trail. The decking shall be constructed substantially as shown on plans, dated ______________, that have been reviewed by City engineers. 2. The Town shall construct and maintain the portion of the Gateway Trail that runs from the current Home Depot parking lot to the north end of the Route 13 Pedestrian Bridge, and from the south end of the Bridge through Buttermilk Falls State Park to the trail’s end just before Stone Quarry Road. The Town agrees to not open the Route 13 Pedestrian Bridge portion of the trail until portions on either side of the Bridge can be safely accessed and used by the public. 8.2 An Ordinance to Amend Chapter 146 entitled “Building Code Enforcement”, Section 146-23 entitled “Examining Board of Plumbers” to Eliminate Residency Requirements for Board Members WHEREAS, the City has long had difficulty recruiting qualified membership to the City’s Examining Board of Plumbers, and part of that difficulty has been created by the requirement that all members must be City residents; now, therefore ORDINANCE 2019-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The residency requirement for membership on the Examining Board of Plumbers is unnecessarily limiting the City’s ability to recruit sufficient qualified membership. B. The Common Council desires to eliminate said residency requirement. Section 2. Section 146-23(A) shall be amended to read as follows: A. Composition. The Examining Board of Plumbers shall be composed of two master plumbers with not less than 10 years' experience as licensed plumbers and one journeyman plumber with 10 years' experience, to be appointed by the Mayor and to serve terms of three years each; the Assistant Superintendent of Public Works for water and sewer; and the [Chief] Plumbing Inspector. [All members shall be citizens and actual residents of the City of Ithaca.] 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 portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided in the City Charter. 8.3 Renewal of a Memorandum of Understanding for the City’s Co-Sponsorship with the Rotary Club of Ithaca of the 2019 Fourth of July Fireworks Event - Resolution WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park for the community to enjoy and celebrate the Fourth of July; and WHEREAS, 2017 was the first year of the Rotary Club and City co-sponsorship of the July 4th fireworks event in Stewart and Cass Parks; and WHEREAS, City staff and Rotary Club representatives wish to renew the agreement between the parties in which the City provides traditional municipal services and the Rotary Club provides all planning and funding for the fireworks and services not otherwise provided by the City; and WHEREAS, as co-sponsor of the fireworks event, the Rotary Club of Ithaca commits to funding the cost of fireworks, concessions, vendors, entertainment, traffic and safety measures and sanitary amenities; and WHEREAS, as co-sponsor of the fireworks display event, the City commits to contracting for, but not funding, the fireworks display, and commits to providing City insurance coverage, equipment, facilities and staff time of the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and any other relevant City department to support the event at no cost to the Rotary Club; now, therefore be it RESOLVED, That Common Council supports the City’s co-sponsorship of the fireworks event in July 2019 and authorizes the City to provide in kind services at no charge to service the event; and, be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a renewal memorandum of understanding with the Rotary Club to co-sponsor the event and memorialize the roles and responsibilities with respect to the fireworks event. 8.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution WHEREAS, since 1998 the City of Ithaca has issued a license to the Viva Taqueria & Cantina Restaurant allowing them 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 the Viva Taqueria & Cantina 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 2019, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria & Cantina Restaurant 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. 9. CITY ADMINISTRATION COMMITTEE: 9.1 Ithaca Urban Renewal Agency (IURA) – Establishment of Capital Project for Acquisition of the Former Immaculate Conception School Gymnasium - Resolution WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has recently executed a purchase agreement to acquire approximately two acres of the former Immaculate Conception school campus at 320 W. Buffalo Street, Ithaca, NY 14850; and WHEREAS, INHS has indicated willingness to subdivide and sell the former Immaculate Conception school gymnasium to the City of Ithaca at their pro-rated cost of $290,000; and WHEREAS, the Ithaca Urban Renewal Agency (IURA) recommends City allocation of $175,000 of City of Ithaca Small Cities Community Development Block Grant (CDBG) program income toward acquisition of the gym, subject to securing $115,000 in match funding; and WHEREAS, such small cities CDBG program income must be committed for expenditure by March 31, 2019, or returned to New York State; and WHEREAS, the Greater Ithaca Activities Center, Inc. (GIAC, Inc.) pledges $115,000 of match funding for acquisition of the gym; and WHEREAS, on February 13, 2019, the Planning and Economic Development Committee of Common Council recommended allocation of $175,000 of small cities CDBG program income for acquisition of the gym; now, therefore be it RESOLVED, That the Common Council hereby establishes Capital Project #864 - GIAC Large Gymnasium - in an amount of $290,000, which is sufficient for acquisition of the former Immaculate Conception school gymnasium; and, be it further RESOLVED, That funds needed for said Capital Project be derived from the following funding sources: $175,000 IURA – Small Cities CDBG program income $115,000 GIAC, Inc. $290,000 ; and, be it further RESOLVED, That the Mayor is hereby authorized to execute a lease and purchase agreement, and any and all documents necessary, to acquire the former Immaculate Conception school gymnasium for an amount not to exceed $290,000, subject to review by the City Attorney. 9.2 Department of Public Works (DPW) – Authorization for the Implementation, and Funding in the First Instance 100% of the Federal-aid and State-aid eligible costs, of a Federal-Aid and/or State-Aid Transportation Project, and Appropriating Funds Therefore for the Cecil A. Malone Drive Bridge Replacement Project - Resolution WHEREAS, Sponsor will design, let and construct the “project”; and WHEREAS, a Project for the Cecil Malone Drive Bridge over the Flood Relief Channel, P.I.N. 375589 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs for such program to be borne at the ratio of 95% Federal funds and 5% 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 Design, Construction and Inspection; and WHEREAS, in November 2018, $2,172,000 (95% Federal and 5% Local Share) of BRIDGE NY funding was made available by New York State Department of Transportation for the Project; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby approves the above- subject project; and, be it further RESOLVED, That the City of Ithaca 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 all work for the Project or portions thereof; and, be it further RESOLVED, That the City of Ithaca Common Council hereby agrees that the City of Ithaca shall be responsible for all costs of the Project which exceed the amount of the BRIDGE NY funding awarded to the City of Ithaca; and, be it further RESOLVED, That the City of Ithaca Common Council hereby establishes Capital Project #863 in an amount not to exceed $2,172,000; 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 5% of project costs up to a total project cost of $2,172,000 and 100% of additional costs thereafter; and, be it further RESOLVED, That funds needed for said amendment shall be derived from serial bonds, with the understanding that these funds are available to the Project and that the final cost to the City will be $108,600; and, be it further RESOLVED, That in the event of full federal and non-federal share cost of the project exceeds the amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and, be it further RESOLVED, That City of Ithaca hereby agrees that construction of the Project shall begin no later than twenty four (24) months after award and that the project shall be completed within thirty (30) months of commencing construction; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all the necessary Certifications or reimbursement requests for Federal Aid and /or State-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 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 DEPARTMENT OF PUBLIC WORKS Michael J. Thorne, P.E. Superintendent Telephone: 607/274-6527 Fax: 607/274-6587 “An Equal Opportunity Employer with a commitment to workforce diversification.” MEMORANDUM TO: City Administration Committee FROM: Addisu Gebre, Bridge Systems Engineer DATE: 02/04/2019 RE: Cecil Malone Drive Project, CP#863 Please find attached a resolution seeking Common Council authorization to pay in the first instance 100% of the Federal and non-Federal share of the subject project cost. On November 13, 2018, $2,172,000 in federal funding for the project was made available by the New York State Department of Transportation’s BRIDGE NY program, which is a competitive statewide bridge and culvert funding opportunity. The City of Ithaca will be reimbursed for 95% of eligible project cost up to $2,063,400, and any additional cost after that up to the total authorization will be the City’s responsibility. The project will include replacing the existing bridge to eliminate the bridge structural deficiencies and provide wider bridge deck to accommodate heavy industrial traffic, pedestrians, and bicyclists. The project will include restoring the crossing to a condition which provides a minimum 75 year design life If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org cc: Tim Logue, Director of Engineering Services %,1%1<)XQGLQJLV )HGHUDO 8VLQJ7ROO&UHGLW DQG/RFDO0DWFKG-H- 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Acquisition of the Former Immaculate Conception School Gymnasium – Declaration of Lead Agency - Resolution WHEREAS, the City of Ithaca Common Council is considering acquisition of a parcel of land containing the 9,156 square foot gymnasium on the former Immaculate Conception school campus, located at 320 W. Buffalo Street, Ithaca, NY; and WHEREAS, the proposed acquisition of less 2.5 acres of contiguous land 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 than the City of Ithaca Common Council has jurisdiction to 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 acquisition of the former Immaculate Conception school gymnasium. 10.2 Acquisition of the Former Immaculate Conception School Gymnasium – Environmental Significance - Resolution WHEREAS, the City of Ithaca Common Council is considering acquisition of a parcel of land containing the 9,156 square foot gymnasium on the former Immaculate Conception school campus, located at 320 W. Buffalo Street, Ithaca, NY; 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 for the acquisition of less than 2.5 contiguous acres of land 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, a Short Environmental Assessment Form (SEAF) and supporting information has been prepared and provided to the City of Ithaca Parks, Recreation, and Natural Areas Commission for review of the proposed action; and WHEREAS, the Common Council for the city of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by the Ithaca Urban Renewal Agency and City planning staff; now, therefore be it RESOLVED, That the Common Council for the City of Ithaca, as Lead Agency in this matter, adopts as its own, the findings and conclusions more fully set forth in the SEAF; and, be it further RESOLVED, That the Lead Agency 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. Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? If Yes, list agency(s) name and permit or approval: NO YES 3.a. Total acreage of the site of the proposed action? ___________ acres b. Total acreage to be physically disturbed? ___________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? ___________acres 4. Check all land uses that occur on, adjoining and near the proposed action. 9 Urban 9 Rural (non-agriculture) 9 Industrial 9 Commercial 9 Residential (suburban) 9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): _________________________ 9 Parkland Page 1 of 3 Page 2 of 3 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: __________________________________________________________________________ _______________________________________________________________________________________ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: ______________________________________ _______________________________________________________________________________________ NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ________________________________ _______________________________________________________________________________________ NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _______________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: † Shoreline † Forest † Agricultural/grasslands † Early mid-successional † Wetland † Urban † Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain?NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? † NO † YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: † NO † YES _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: ____________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: __________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ___________________________________________ Date: ___________________________ Signature: _______________________________________________________ Page 3 of 3 Page 1 of 2 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. _________________________________________________ _______________________________________________ Name of Lead Agency Date _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: 10.3 Revised Allocation of New York State Administered Community Development Block Grant (CDBG) Program Income - Resolution WHEREAS, New York State requires communities in possession New York State (NYS) Administered CDBG Program Income to use such funds for CDBG-eligible uses by March 31, 2019 or return the funds to New York State; and WHEREAS, CDBG program income in the form of loan repayments from this economic development activity are projected to total over $561,000 by March 31, 2019; and WHEREAS, the Ithaca Urban Renewal Agency (IURA) administers CDBG funds on behalf of the City; and WHEREAS, on November 7, 2018, the Common Council for the City of Ithaca adopted the IURA’s recommendation to allocate NYS administered CDBG program to the following projects:  $175,000 - Cherry Street public road extension, and  $386,583 -S. Aurora Street sidewalk extension (Hillview Place to City/Town line), ; and WHEREAS, the prospective employer to be served by the Cherry Street road extension has informed the IURA that they are pursuing an alternative location to address their space needs due to unforeseen soil conditions at Cherry Street; and WHEREAS, the Cherry Street public road project is no longer an eligible CDBG economic development activity without job creation; and WHEREAS, Ithaca Neighborhood Housing Services, Inc. (INHS) has recently negotiated acquisition of the former Immaculate Conception school campus; and WHEREAS, INHS has indicated willingness to sell the former Immaculate Conception school gymnasium to the City of Ithaca at their pro-rated cost of $290,000; and WHEREAS, the IURA recommends the following revised allocation of CDBG funds:  $0 - Cherry Street industrial park extension  $175,000 -Acquisition of the former Immaculate Conception school gymnasium, subject to securing $115,000 in match funding  If match funding for the gym is not secured, then allocate $175,000 for purchase and installation of pedestrian-scale, solar lighting in Titus Triangle, Baker, and Conway public parks, ; and WHEREAS, environmental review for acquisition of the gymnasium has been completed; now, therefore be it RESOLVED, The Common Council for the City of Ithaca hereby amends its November 7, 2018 resolution to approve the allocation of NYS-administered CDBG funds for the following projects:  $386,583 - S. Aurora Street sidewalk extension (Hillview Place to City/Town line), and  $175,000 - Acquisition of the former Immaculate Conception school gymnasium, subject to securing $115,000 in match funding  If match funding for the gym is not secured, then $175,000 shall be allocated for purchase and installation of pedestrian-scale, solar lighting in Titus Triangle, Baker, and Conway public parks ; and, be it further RESOLVED, That the IURA is authorized to request approval from the NYS Office of Community Renewal for use of CDBG funds.   108 E. Green St. Third Floor, City of Ithaca (City Hall) Ithaca, NY 14850 Tel: (607) 274-6565 | Fax: (607) 274-6558 To:   Common Council members    From:  Nels Bohn, Director of Community Development    RE:   Cost Estimate of Improvements – Former Immaculate Conception School Gym     Date:  February 28, 2019          A conceptual cost estimate for refurbishing the circa 1965 gymnasium at the former  Immaculate Conception School for GIAC recreational use has been completed by RMG  Estimating Services based on a construction scope developed from review of photos of the  facility taken by city staff at a 1/31/19 facility inspection.  The property is not scheduled to  convey to Ithaca Neighborhood Housing Services, Inc. until April.    In summary, the anticipated probable construction cost to upgrade the gym building to replace  obsolete mechanical equipment, meet current building codes and separate the gym from the  school building is $650,000. This estimate excludes building acquisition, design and soft costs,  construction contingency and any hazardous materials abatement required.     Factoring in these additional construction costs results in the following project budget estimate:    Probable construction cost $650,000  ($68/SF)   Construction contingency (20%) $130,000   Design/soft costs (15%) $97,000   Asbestos/hazard abatement allowance $40,000   Total $917,000  ($96/SF)    Please let me know if you have questions about this matter.             Cc:  Senior City Staff          IURA Staff          J. Kusznir, Planning  10.4 An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code entitled “Housing Standards”, Section 210-43 entitled “Certificate of Compliance” WHEREAS, Chapter 210-43 of the City of Ithaca Municipal Code establishes procedures and requirements for save rental housing to promote public safety; and WHEREAS, the City of Ithaca has a significant tenant population; and WHEREAS, all rental dwellings must hold a valid certificate of compliance as required in section 210-43; and WHEREAS, the city of Ithaca recognizes and affirms that obtaining a certificate of compliance for a rental dwelling helps to ensure the health and safety of tenants in the city; and WHEREAS, it is incumbent upon each property owner of a rental dwelling to first obtain and then periodically renew their certificate of compliance; and WHEREAS, the presumption proposed will aid in the enforcement of the requirement of renewing certificates of compliance; and WHEREAS, the City Attorney’s Office and the Building Division have proposed recommendations to Common Council to add a provision for a presumption of rental status; now, therefore ORDINANCE 2019-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the safety of the public will be better served by requiring rental dwellings to renew expired certificates of compliance, and to enforce that requirement. Section 2. Section 210-43(A) shall be amended to read as follows: Certificate of Compliance A. … (3) Any rental dwelling that has obtained a valid certificate of compliance shall be presumed to continue being a rental dwelling or rental unit thereafter, regardless of the expiration of the certificate of compliance or until such time that the owner provides a written statement to the Building Division that the dwelling or unit is no longer rented and it is inspected by the Building Division to confirm that it is no longer rented. 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 portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. 10.5 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-3 entitled “Definitions”, Section 325-3(B) related to the Definition of “Occupant” WHEREAS, Chapter 325-3 of the City of Ithaca Municipal Code defines occupant for the purposes of determining compliance with zoning rules and regulations throughout the City, and this definition has been found to be ambiguous as to what constitutes an occupant; and WHEREAS, the primary purpose of the statute is to ensure safe living standards for each Ithaca resident, and secondarily to protect the quality of Ithaca neighborhoods; and WHEREAS, the city of Ithaca recognizes and affirms that safely occupied residences are a priority for the city as a matter of protecting our resident’s safety and safety of the residences within the city; and WHEREAS, the Common Council desires to clarify the penalty in this chapter to remove any ambiguity in what constitutes an occupant for compliance and violation of the provisions of this chapter, and thereby meet the legislative intent; and WHEREAS, the City Attorney’s Office has proposed recommendations to Common Council to define occupant in this chapter; now, therefore ORDINANCE 2019-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the safety of the public will be better served by clarifying the definition of occupant in this chapter. Section 2. Section 325-3(B) shall be amended to read as follows: OCCUPANT In R-2c Zones only, a person that is permitted to occupy a dwelling unit or building in an R-2c Zone. (1) [The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitable space in the dwelling unit or building and on the basis of lot size. The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows:] (1) For the purposes of determining the number of occupants for all provisions of this chapter, an occupant is defined as person that has the right to occupy a dwelling unit or building notwithstanding actual occupation. Such a right to occupy may be demonstrated by any one of the following: (a) payment of rent; (b) being a lessee; (c) having permission of the owner to occupy a dwelling unit or building; (d) other evidence of a right to occupy [(a) In R-2c dwelling units, the maximum number of occupants shall be limited to the number determined on the basis of lot size and on the basis of the floor areas of habitable space, other than kitchens, as shown in the following table:] (a) The number of such occupants that are permitted to legally occupy a dwelling unit or building is based on the amount of habitable space in the dwelling unit or building and on the basis of lot size. The minimum amounts of habitable space that are required for occupancy by one or more persons are as follows: 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 portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. 10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-47 entitled “Penalties for Offenses” WHEREAS, Chapter 325-47 of the City of Ithaca Municipal Code establishes the penalties for offenses for over-occupancy violations throughout the City, and the city code provision providing for penalties has been found to be ambiguous as to whether there is a penalty for each occupant over the limit per day or just one overall penalty per day; and WHEREAS, the city court has found the penalty for over-occupancy violations to be applied for each additional occupant over the permitted number, as each additional occupant places an additional burden on the residence and neighborhood; and WHEREAS, the primary purpose of the statute is to ensure safe living standards for each Ithaca resident, and secondarily to protect the quality of Ithaca neighborhoods; and WHEREAS, the city of Ithaca recognizes and affirms that safely occupied residences are a priority for the city as a matter of protecting our resident’s safety and safety of the residences within the city; and WHEREAS, the Common Council desires to clarify the penalty in this chapter to remove any ambiguity that the penalty applies per occupant in violation of this chapter, and thereby meet the legislative intent; and WHEREAS, the City Attorney’s Office has proposed recommendations to Common Council to add that the penalty for over-occupancy applies per occupant in violation of this chapter; now therefore ORDINANCE 2019-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the safety of the public will be better served by clarifying the penalty applicable to violations of this chapter. Section 2. Section 325-47 shall be amended to read as follows: Penalties for offenses. A. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless otherwise provided herein. For any violation of over-occupancy provisions herein, each additional occupant over the maximum shall constitute a separate offense. 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 portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. 10.7 An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement”, Section 146-9 entitled “Identification and Notification” WHEREAS, Chapter 146-9 of the City of Ithaca Municipal Code establishes the procedure for having the Director of Planning or designee to declare a building unsafe; and WHEREAS, there is no penalty for a property owner to continuing permitting occupancy from a tenant in a building that has been declared unsafe; and WHEREAS, there is no penalty for a property owner to continue collecting rent from a tenant in a building that has been declared unsafe; and WHEREAS, the primary purpose of the statute is to ensure safe living standards for each Ithaca resident; and WHEREAS, the city of Ithaca recognizes and affirms that occupation of a building that has been declared unsafe risked the health and safety of our resident’s within the city; and WHEREAS, the Common Council desires to impose a penalty for any property owner who permits a risk to the safety of any city resident by permitting occupation of a building that has been declared unsafe, and thereby meet the legislative intent; and WHEREAS, the City Attorney’s Office has proposed recommendations to Common Council to add a penalty for permitting occupancy of any building that has been declared unsafe as defined in this chapter; now, therefore ORDINANCE 2019-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the safety of the public will be better served by enacting a penalty applicable to violations of this chapter. Section 2. Section 146-9 shall be amended so as to add at the end thereof paragraphs “O” and “P” as follows: Identification and notification. O. Once a building has been deemed unsafe, the property owner shall prevent any person access to or the right to reside in such a building, whether or not for consideration. Once a building has been deemed unsafe, the property owner shall prevent any access inside the building except for purposes related to repair or demolition of the building, except with the written permission of the Director of Planning and Development or designee. The property owner shall be presumed to be aware of access to or occupancy of the building. Violations of this section shall be subject to the penalty provided for failure to comply with a written order of the Director of Planning and Development in § 146-50 herein. P. After a building has been declared unsafe by the Director of Planning and Development, renting to any tenant is prohibited. Any person, including property owner, landlord, or property manager who rents to a tenant any part of an unsafe building shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not to exceed $500, and not less than $250 for each violation, or imprisonment of not more than 30 days, or both. Each day of rental shall be deemed a separate violation. It shall be a separate violation for each tenant to whom any person is renting any part of an unsafe building. 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 portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. 10.8 An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code entitled “Rental Housing”, to add Article III entitled “Displaced Tenants” WHEREAS, Chapter 258 of the City of Ithaca Municipal Code establishes procedures for equitable landlord-tenant relations; and WHEREAS, the City of Ithaca has a significant tenant population; and WHEREAS, there are circumstances where tenants must vacate a premises which have been leased through no fault of the tenant due to zoning violations committed by the landlord; and WHEREAS, there are circumstances where tenants must vacate a premises which have been leased because the property has been declared unsafe for occupancy due to failure of the landlord to provide proper housing conditions; and WHEREAS, the city of Ithaca recognizes and affirms that occupation of a building that has been declared unsafe risked the health and safety of our residents and visitors within the city; and WHEREAS, the Common Council desires to impose a remedy for tenants who are displaced due to violations of the housing code, of the zoning rules, and/or other violations of city, state or national codes, rules, and regulations during a lease term; and WHEREAS, the City Attorney’s Office and the Building Division have proposed recommendations to Common Council to add a provision for alternative housing for displaced tenants; now, therefore ORDINANCE 2019-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the safety of the public will be better served by enacting a provision for a landlord to provide alternative housing for tenants who are displaced from their leased premises due to violations of housing code and/or violations of zoning rules. Section 2. Chapter 258 shall be amended to add Article III which will read as follows: §258-12 Definitions Displaced Tenants A tenant, as defined in this chapter, who cannot occupy the premises that the tenant is entitled to occupy due to the landlord’s failure to adhere to any applicable provision, statute, rule or regulation relating to the rental unit, including but not limited to the New York State Uniform Fire Prevention and Building Code, and Chapters 210 and 325 of the Ithaca City Code. For the purposes of this chapter, a tenant’s entitlement to occupy is any non-gratuitous agreement to occupy premises, regardless of whether the agreement violates a code, statute or regulation. §258-13 Landlord’s Obligation The landlord is responsible for the cost of providing housing that is of at least equal value and in a comparable location to every displaced tenant for the time period beginning from the date of displacement until the expiration date of the tenant’s lease term or until all deficiencies have been corrected and inspected by the Building Division and the Building Division has determined that the until is suitable for occupancy, whichever date comes first. 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 portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. 10.8B “Alternative Version” - An Ordinance to Amend Chapter 258 of the City of Ithaca Municipal Code entitled “Rental Housing”, to add Article III entitled “Displaced Tenants” WHEREAS, Chapter 258 of the City of Ithaca Municipal Code establishes procedures for equitable landlord-tenant relations, and; WHEREAS, the City of Ithaca has a significant tenant population, and; WHEREAS, there are circumstances where tenants must vacate a premises which have been leased through no fault of the tenant due to zoning violations committed by the landlord, and; WHEREAS, there are circumstances where tenants must vacate a premises which have been leased because the property has been declared unsafe for occupancy due to failure of the landlord to provide proper housing conditions, and; WHEREAS, the city of Ithaca recognizes and affirms that occupation of a building that has been declared unsafe risked the health and safety of our residents and visitors within the city, and; WHEREAS, when a tenant is forced to vacate a premises during a lease term, the tenant suffers hardships that are difficult to value, including but not limited to stress, finding alternative housing; making arrangements to moving belongings to new housing and the costs thereof; logistics of having to transfer other housing facets such as a new mailing address, phone, cable, utilities, parking, and transportation; costs that are difficult to value; and WHEREAS, when a tenant is forced to vacate a premises during a lease term, the tenant needs to find alternative housing immediately, and the alternative housing is often less convenient to work, less convenient to school, may require additional transportation costs, and may require the tenant to leave roommates and neighbors who are friends; costs that are difficult to value; and WHEREAS, when a tenant is forced to vacate a premises during a lease term, the tenant incurs expenses that are difficult to calculate and predict, such as having to pay above-market rent to find alternative housing under time-pressure and having to pay for short-term housing; and WHEREAS, when a tenant is forced to vacate a premises during a lease term, the tenant has to devote an undeterminable amount of time under pressure and stress to immediately find alternative housing and make all other arrangements besides those noted above that are necessary to compete the move as quickly as possible, which are is difficult to value; and WHEREAS, when seeking a financial remedy in a circumstance where the damages to the aggrieved party are difficult to value, liquidated damages make the remedy easier to calculate, and obtain, and are appropriate; and WHEREAS, the Common Council desires to impose a remedy for tenants who are displaced due to violations of the housing code, of the zoning rules, and/or other violations of city, state or national codes, rules, and regulations during a lease term; and WHEREAS, the City Attorney’s Office and the Building Division have proposed recommendations to Common Council to add a provision for alternative housing for displaced tenants; now therefore ORDINANCE 2019-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that the safety and welfare of the public will be better served by enacting a provision for a landlord to compensate tenants who are displaced from their leased premises due to violations of housing code and/or violations of zoning rules, and that the costs to such displaced tenants are significant and difficult to calculate in full. Section 2. Chapter 258 shall be amended to add Article III which will read as follows: §258-12 Definitions Displaced Tenants A tenant, as defined in this chapter, who cannot occupy the premises that the tenant is entitled to occupy due to the landlord’s failure to adhere to any applicable provision, statute, rule or regulation relating to the rental unit, including but not limited to the New York State Uniform Fire Prevention and Building Code, and Chapters 210 and 325 of the Ithaca City Code. For the purposes of this chapter, a tenant’s entitlement to occupy is any non-gratuitous agreement with a landlord to occupy premises, regardless of whether the agreement violates a code, statute or regulation. §258-13 Landlord’s Obligation The landlord is responsible to every displaced tenant for an amount of liquidated damages which amount to double the monthly rent, pro-rated for every day of displacement, including the day the tenant vacates, until the expiration date of the tenant’s lease term or until all deficiencies have been corrected and inspected by the Building Division and the Building Division has determined that the until is suitable for occupancy, whichever date comes first. 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 portions of this Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. To: Common Council From: Robert Sarachan, City Prosecutor Date: February 7, 2019 Topic: Enforcement of Housing Standards For the purpose of improving enforcement of the Housing Standards in Ithaca City Code the following changes are being proposed. These changes provide clearer definitions to aid enforcement and additional incentives for compliance. They were discussed at the January 9, 2019 Planning and Economic Development Committee meeting. Brief Summary of Five Proposals Relating to Enforcement of Housing Standards in Ithaca City Code 1. Certificate of Compliance Presumption- IMC §210-43 Codifies the presumption that a rental property for which a c of c has been issued remains as that use. This eliminates one element of proof otherwise required for prosecution of a rental property with an expired c of c. It does not change the existing law which presumes the use continues until there is notice of the change, and if the property has changed from rental, the presumption is easily rebutted simply by giving the building division written notice. 2. Displaced Tenant- IMC § §258-12, 258-13 This requires a landlord to pay for alternative housing for any tenants displaced from a leased unit from the landlord’s fault: by over occupancy or by condemnation, both problems within the landlord’s control. This reduces financial and mental stress on displaced tenants, and gives landlords additional financial incentive to comply with housing codes to avoid condemnation, and with zoning laws regarding over occupancy. This also mitigates the financial disincentive for tenants to cooperate with the building division in enforcement. 3. Define Occupant IMC 325-3 Clarifies what an occupant is for the purposes of enforcing zoning occupancy. It creates a presumption that, among other things, a person whose name is on a lease is an occupant of a rental property 4. Penalty for a Landlord Renting a Condemned Property IMC §146-9 Currently there is no penalty for renting a condemned rental unit. This creates a penalty for a landlord who rents a property that has been deemed unsafe for occupancy and condemned by the building division. 5. Penalties for Over Occupancy IMC §325-47 Currently the penalty for over occupancy is the same regardless of the number of tenants that exceed the maximum, which means that even if successfully prosecuted for over occupancy, it can be profitable for a landlord. This specifies that for over occupancy, each additional occupant greater than the permitted number is a separate offense. For example, renting to ten people in a rental unit zoned for a maximum of three unrelated people would be seven offenses instead one offense. This enhances the financial incentive for landlords to comply with zoning requirements. 10.9 A Resolution Supporting the Reduction of the City-wide Default Speed Limit From 30 Miles Per Hour to 25 Miles Per Hour WHEREAS, the observed speeds that citizens report as feeling unsafe in their communities has been shown to be less than 30 miles per hour through speed evaluations; and WHEREAS, Federal Highway Administration methodologies recommend speed limits 25 miles per hour and under on the type of roadways common in the City of Ithaca; and WHEREAS, a study by the Insurance Institute for Highway Safety demonstrated that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower speeds, especially in excess of 35 miles per hour; and WHEREAS, reduced speeds minimize stopping distance of vehicles and the likelihood of injury or fatality as a result of a collision with a pedestrian; and WHEREAS, reduced speeds narrow the difference in operating speeds of vehicles and bicycles, which can improve safety for these vulnerable users of the roadway network; and WHEREAS, lower speeds provide greater flexibility in roadway design; and WHEREAS, a reduction in speed from 30 miles per hour to 25 miles per hour represents an increase in travel time of only 24 seconds per mile under free flow conditions; and WHEREAS, the State Vehicle and Traffic Law Section 1643 prohibits cities and villages from establishing area-wide speed limits below 30 miles per hour and also prohibits establishing any speed limit under 25 miles per hour on any roadway (except school zones); and WHEREAS, in some cases, this law prevents the City from establishing appropriate speed limits based on accepted engineering practices; now, therefore be it RESOLVED, That the City of Ithaca hereby requests that the State of New York amend Vehicle and Traffic Law Title 8, Article 38, Section 1643 to allow all communities to establish a city-wide speed limit as low as 25 miles per hour. Further, on roadways where established FHWA methodologies for establishing speed limits recommend speed limits lower than 25 miles per hour, cities and villages should be permitted to post speed limits lower than 25 miles per hour. 1 To: Common Council From: Eric Hathaway, Transportation Engineer Date: 2/26/2019 Re: City Speed Limit Change The Engineering Office has evaluated speeds at roughly 20 locations as part of the City’s traffic calming program. One finding from this work is that traffic speeds on many of these streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering this, along with the residential nature of almost all of Ithaca’s streets, it is our conclusion that it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of Ithaca’s roadway network and to 20 miles per hour in some locations. A recent study by the Insurance Institute for Highway Safety found that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower speeds. This was independent of roadway infrastructure changes. Average speeds were not greatly impacted, but the number of vehicles traveling over 35 miles per hour was reduced by 29.3 percent. It is well documented that speeds in this range represent a danger to pedestrians. Unfortunately, New York state law does not currently allow communities to establish city- wide speed limits under 30 miles per hour. The attached resolution would establish that Common Council believes this is not appropriate. The attached resolution states that an appropriate state law would permit the City of Ithaca, and all other cities and villages in New York State, to establish appropriate city-wide and individual street speed limits, based on accepted engineering practices. Through my conversations with Barbara Lifton’s office, this resolution would be the first step towards requesting that the state law be changed to allow communities to establish appropriate speeds in their community. I do want to clarify that setting a city-wide speed limit of 25 miles per hour does not preclude setting individual speed limits higher than 25 miles per hour. It is likely that some roadways in the City would remain posted at 30 miles per hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour area speed limit would be more appropriate and efficient for city-wide signage. 10.10 A Resolution Supporting the City of Ithaca’s Vision Zero Plan to Eliminate All Traffic-Related Fatalities and Serious Injuries WHEREAS, traffic crashes are among the leading cause of death and injury within the United States; and WHEREAS, traffic crashes are the leading cause of injury related death, second leading cause of injury related hospitalizations and third leading cause for injury related emergency department visits in New York State. On average, three New Yorkers die every day due to a traffic-related crash. The combined hospitalization and emergency department charges average $1.1 billion, annually; and WHEREAS, from 2008 to 2017 the City of Ithaca had a total of 182 serious injury crashes including 5 fatalities; and WHEREAS, the City is hereby recognizing that these crash statistics are not acceptable for citizens, commuters, and tourists who live, work and play in the City of Ithaca; and WHEREAS, death and injury on our streets is unacceptable and many serious crashes are preventable; and WHEREAS, traffic deaths and serious injuries in the United States have disproportionately impacted pedestrians, cyclists, people of color, low-income households, older adults and youth, people with disabilities, and households with limited vehicle access; and WHEREAS, the City will hereby commit to decreasing these crash statistics by endorsing Vision Zero, which is a safe systems approach and strategy to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all; and WHEREAS, the City of Ithaca will create a Vision Zero action plan that focuses on safety as a primary objective in designing transportation projects; now, therefore be it RESOLVED, That the City of Ithaca hereby adopts a goal of eliminating traffic deaths and serious injuries; and endorses Vision Zero as a comprehensive and collaborative approach that involves several City departments in order to achieve this goal; and, be it further RESOLVED, That the Common Council directs The Department of Public Works and the Ithaca Police Department to create and pursue a Vision Zero Action Plan for future consideration by the Common Council, based upon a comprehensive analysis of traffic deaths and injuries in the City of Ithaca; and, be it further RESOLVED, That Common Council directs the Transportation Engineer to oversee the Vision Zero Action Plan to addresses traffic deaths and serious injuries through a collaborative combination of engineering, enforcement, education, and evaluation, with public engagement and other stakeholders. 1 To: Common Council From: Eric Hathaway, Transportation Engineer Date: 2/26/2019 Re: Vision Zero Initiative I am writing to request that Common Council consider adopting the attached resolution and officially embrace a “Vision Zero” strategy for the City’s roadway network. Vision Zero is a methodology to eliminate traffic fatalities and severe injuries occurring on the roadway network. Vision Zero is a non-traditional approach to safety that requires a shift in how communities approach decisions, actions, attitudes and safe mobility. Vision Zero’s innovative “Safe Systems” approach acknowledges that people make mistakes and focuses on influencing system-wide practices, policies, and designs to lessen the severity of crashes. The three core elements for all Vision Zero communities are described below: Core Elements Leadership and Commitment  The Mayor, elected officials, and leaders within transportation, public health and police, commit to the goal of eliminating fatalities and serious injuries by a specific timeframe. These leaders work collaboratively toward this goal.  Meaningful and accessible community engagement is employed with a focus on equity  An action plan is developed with goals and strategies for achieving them  Projects are prioritized that have safety benefits Safe Roadways and Safe Speeds  Streets are designed to create safe, well-connected transportation network for all users  Proven speed management policies are used to achieve safe conditions for all users February 26, 2019 2 Data-Driven Approach, Transparency and Accountability  Commitment is made to equitable approach and outcomes, prioritizing engagement and investments in under-served communities  A proactive, systems-based approach is used to identify and address risk factors  Map of fatal and severe injury crashes is developed to prioritize projects  Findings are shared with decision makers and the public I believe that the core elements described above represents a comprehensive approach to traffic safety that would effect change in our community. The natural question to ask; however, is whether we have a problem worth solving. What I have described above is a significant effort and represents a change from how most communities approach safety. The engineering office has begun a city-wide evaluation of the crash trends for a 10 year period using a state-wide database. We have found a record of 11,525 crashes, 1,393 (12%) injury crashes, 178 (1.5%) severe injury crashes and 5 fatalities. Based on these numbers, I do believe that the City of Ithaca has room to improve safety and that a comprehensive approach is justified. Next Steps If Common Council and Mayor Myrick adopt Vision Zero, below are some of the initiatives that I would undertake to move towards a safer transportation network. I invite further suggestions as well.  Conduct a kick-off meeting with at least the following stakeholders to discuss Vision Zero, partnership opportunities and key components of an action plan. o Jan Lynch, Executive Director of Finger Lakes Independence Center o Lisa Monroe, Director of Tompkins County Office for the Aging o Nydia Boyd, Executive Director Southside Community Center o Pete Tyler, Police Chief o Dr. Luvelle Brown, Superintendent ICSD o David Smith, NYSDOT Region 3 Regional Director o Fernando DeAragon, Executive Director ITCTC o Frank Kruppa, Public Health Director Tompkins County o Victoria Armstrong, Bike Walk Tompkins o Bridgette Brady, Senior Director of Transportation Cornell University o Scot VanderPool, TCAT Operation Manager o Gary Ferguson, Downtown Ithaca Alliance o Member of Common Council o Member of Board of Public Works o Member of MATCOM o Member of Way2Go o A representative from all active neighborhood groups February 26, 2019 3  Create a working group, made up of representatives from the Ithaca Police Department, Public Health Department and the Transportation Engineer to meet quarterly on initiatives and report back annually to the group listed above.  Conduct Public Outreach Meetings with a focus on existing community groups and communities that have not already requested traffic calming improvements. These meetings would focus on anecdotal safety information not available from crash data such as near-misses or places where people avoid walking or biking due to safety concerns.  Send an open invitation to neighborhoods that would like to welcome the Transportation Engineer to walk their streets with them and discuss their concerns  Engage with the public health community to bring a new perspectives and information to the issue of traffic crashes. Some communities have partnered with hospitals to collect additional information on crashes involving pedestrians and bicyclists, as this information is often under-reported in traditional crash records. The health community could also bring an epidemiological perspective to identify risk factors in crashes.  Develop a complete streets design policy in coordination with the City’s upcoming Transportation Plan  Further evaluate crash records resulting in severe injuries and fatalities to find trends and associated systemic countermeasures  Investigate locations with higher crash occurrences and rates to identify location specific countermeasures  Seek grants to install advanced traffic signal equipment that can better detect and react to vehicle, bicycle and pedestrian behavior  Update existing traffic signal controllers and communications network to optimize vehicle progression at speeds of 25 miles per hour  Continue to pursue jurisdictional realignment that would grant the City control over traffic signal operation and roadway design in downtown Ithaca along Green Street and Seneca Street An Immediate Action The first action I recommend under the Vision Zero initiative is to pursue lowering the area- wide speed limit from 30 miles per hour to 25 miles per hour. The Engineering Office has evaluated speeds at roughly 20 locations as part of the City’s traffic calming program. One finding from this work is that traffic speeds on many of these streets is almost entirely under the city-wide speed limit of 30 miles per hour. Considering this, along with the residential nature of almost all of Ithaca’s streets, it is our conclusion that it would be appropriate to reduce the speed limit to 25 miles per hour on the majority of Ithaca’s roadway network and to 20 miles per hour in some locations. February 26, 2019 4 A recent study by the Insurance Institute for Highway Safety found that a City-wide speed limit reduction in Boston from 30 miles per hour to 25 miles per hour resulted in lower speeds. This was independent of roadway infrastructure changes. Average speeds were not greatly impacted, but the number of vehicles traveling over 35 miles per hour was reduced by 29.3 percent. It is well documented that speeds in this range represent a danger to pedestrians. Unfortunately, New York state law does not currently allow communities to establish city- wide speed limits under 30 miles per hour. The attached resolution would establish that Common Council believes this is not appropriate. The attached resolution states that an appropriate state law would permit the City of Ithaca, and all other cities and villages in New York State, to establish appropriate city-wide and individual street speed limits, based on accepted engineering practices. Through my conversations with Barbara Lifton’s office, this resolution would be the first step towards requesting that the state law be changed to allow communities to establish appropriate speeds in their community. I do want to clarify that setting a city-wide speed limit of 25 miles per hour does not preclude setting individual speed limits higher than 25 miles per hour. It is likely that some roadways in the City would remain posted at 30 miles per hour; however, they would be the minority of roadways. Therefore, a 25 mile per hour area speed limit would be more appropriate and efficient for city-wide signage. Conclusion I believe that, by the City adopting Vision Zero as a philosophy, we have an opportunity to better understand traffic safety issues and will be better equipped to improve safety. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Ithaca Housing Authority Board – Resolution RESOLVED, That Christine Barksdale be appointed to the Ithaca Housing Authority Board to fill a vacancy with a term to expire October 17, 2023. 14.2 Reappointments to Planning and Development Board – Resolution RESOLVED, That Robert Aaron Lewis be reappointed to the Planning and Development Board with a term to expire December 31, 2021; and, be it further RESOLVED, That Matthew F. Johnston be reappointed to the Planning and Development Board with a term to expire December 31, 2021; and, be it further RESOLVED, That Garrick Blalock be reappointed to the Planning and Development Board with a term to expire December 31, 2021. 14.3 Appointment to Workforce Diversity Advisory Committee – Resolution RESOLVED, That Belissa Gonzalez be appointed to the Workforce Diversity Advisory Committee to fill a vacancy with a term to expire December 31, 2021. 14.4 Reappointment to Ithaca Landmarks Preservation Commission – Resolution RESOLVED, That Susan Stein be reappointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2021; and, be it further RESOLVED, That Nancy Brcak be reappointed to the Ithaca Landmarks Preservation Commission as an alternate member with a term to expire December 31, 2021. 14.5 Reappointments to the Board of Public Works – Resolution RESOLVED, That Jonathan Greene be reappointed to the Board of Public Works with a term to expire December 31, 2019, and, be it further RESOLVED, That Claudia Jenkins be reappointed to the Board of Public Works with a term to expire December 31, 2020, and, be it further RESOLVED, That David Warden be reappointed to the Board of Public Works with a term to expire December 31, 2020, and, be it further RESOLVED, That Marshall McCormick be reappointed to the Board of Public Works with a term to expire December 31, 2021, and, be it further RESOLVED, That Garrick Blalock be reappointed to the Board of Public Works with a term to expire December 31, 2021.