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HomeMy WebLinkAboutMN-CC-2015-04-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 1, 2015 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Martell, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish City Planner – Wilson Senior Planner – Nicholas Historic Preservation Planner - McCracken PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Consent Agenda: Mayor Myrick requested the addition of the following items to the Consent Agenda: Mercato Bar and Kitchen Restaurant Alcohol Permit Request – Resolution; and Le Café Cent-Dix Alcohol Permit Request - Resolution No Council Member Objected. SPECIAL PRESENTATIONS BEFORE COUNCIL: Presentation by the Community Dispute Resolution Center Don Barber, Town Supervisor, Town of Caroline and Jeff Shepardson, Director of Training and Facilitation, Community Dispute Resolution Center, presented information on skill development training they’ve developed for elected and appointed officials including sessions on meeting dynamics: meeting frameworks and dialog. They are setting up trainings around the County and would like to conduct one in Ithaca. They encouraged Council to think about how this training could translate to municipal meetings and to share information about this program with City staff and board and committee chairs. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Joel Harlan, Town of Newfield, spoke about anti-war protesters and various human rights issues. Alphonse Pieper, Executive Director of Historic Ithaca, voiced his support for the funding of the City Cemetery wall repair; the designation of the Dennis-Newton House as a local landmark, and the designation of the Downtown West historic district. Lynn Metrulis, City of Ithaca, voiced concerns about tickets she received for Exterior Property Maintenance violations related to snow removal on sidewalks. She noted that many people received tickets this year that have never received them in prior years. She further shared her frustration regarding the abandoned property that is next to her home and the lack of enforcement of code violations for that property. Ellen Levantry, Friends of the Ithaca City Cemetery, voiced her support for the City Cemetery wall repair project and stated that the Friends group has been discussing additional barriers, such as planters and curbing, that could be put in place to prevent further damage to wall caused by vehicles.   April 1, 2015    2 John Schroeder, City of Ithaca, voiced his support for the funding of the City Cemetery wall repair and the designation of the Downtown West historic district. Mary Raddant Tomlan, City of Ithaca, submitted the following (2) letters into the record: “Dear Alderpersons and Mayor Myrick, I am writing in support of two nominations for historic designation under the City's Landmarks Preservation Ordinance--the Downtown West Historic District, and the Dennis-Newton House at 421 North Albany Street as an individual landmark. When I volunteered in 2012 to do "windshield" survey of historic resources in the areas east and west of the Commons that were part of a proposed rezoning, I was aware of individual buildings admired for stylistic character or intriguing history. As a result of that survey, it became evident that, in the area along and adjacent to West State Street, the most concentrated grouping of historic buildings comprised the eight properties in the proposed district, on which are located seven former residences linked by their original function, roughly contemporaneous origins, quality of stylistic character, and with one possible exception, architect design. Ithaca's historic district designations have long focused on DeWitt Park and a wide swath of East Hill. The more recent designation of the Henry St. John Historic District expanded the geographic area, while the proposed district recognizes the tradition of locating prominent residences along and in proximity to a major thoroughfare, here West State Street, where the promise and then presence of trolley service underlined its importance as a route linking Ithaca's commercial core with facilities for rail and lake travel further west. To address two concerns expressed with this proposed designation, I would note first that although the buildings in the proposed district have largely seen new uses and modifications, including those for energy efficiency, these changes have not prevented their professional recommendation for designation, as their original function and stylistic character remain identifiable. With regard to concerns about inclusion of the parking lot and flanking buildings, I would note that the scale and general character of 307 West State are consistent with house immediately to the east, albeit less impressive in materials and detailing, while the house at 317 West State is similar to most of the other former residences in its character and in having been architect-designed for an established businessman. Since the parking lot has been noted as a non-contributing property within the proposed district, future development plans for that site would not compromise a contributing resource, and it seems likely that a compatible design could be proposed and approved. The nomination of 421 North Albany Street to individual landmark status recognizes the Dennis-Newton House as the location of the first meeting of the study group and literary society that would become significant as Alpha Phi Alpha, the first national African- American Greek-letter fraternity. The historic designation of this traditional Italianate- style house would also mark a special relationship between a local family and a group of African-American university students, who through the family's hospitality gained ties to the Ithaca community. Thank you for your consideration of these comments, and I hope you will vote in favor of these two proposed designations. Mary Raddant Tomlan” “Dear Mayor Myrick and members of Common Council; I am writing as City of Ithaca Historian in support of Resolution 10.1, the recommendation to fund the repair of the City Cemetery wall that suffered damage from a vehicle accident, with the amount allocated to include $31,000 in insurance payments. This wall is highly visible in its location along University Avenue, a major thoroughfare linking downtown with Cornell University, Cornell Heights and Cayuga Heights. Having evidently defined the western boundary of the cemetery for at least 150 years, the historic wall and gate are important as very public introductions to a site   April 1, 2015    3 that speaks volumes about the even-longer history of Ithaca. It is interesting and significant to me that the resolution following this one on the agenda pertains to funding for improvements in the Large Pavilion at Stewart Park. These two sites, the City Cemetery and Stewart Park, are among the most significant historic and landscape resources in Ithaca, each merging a special history with its memorable topographic character. It is little wonder that both of these have generated "Friends" groups to encourage and support the City's challenges in their maintenance and restoration. I hope that this public support for both the City Cemetery and Stewart Park will be underlined by the passage of the two funding resolutions. Thank you for your consideration. Mary Raddant Tomlan City of Ithaca Historian” PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Murtagh thanked Ms. Metrulis for her feedback on the Exterior Property Maintenance Ordinance and stated that the Planning and Economic Development Committee will be discussing ways to improve the Ordinance and/or the ticket notification system. Alderperson Brock also thanked Ms. Metrulis for her comments regarding the lack of enforcement of the Exterior Property Maintenance Ordinance on the abandoned property next to her home. She further commented on the cemetery wall project and the need for automotive curbing to protect the historic wall. CONSENT AGENDA ITEMS: City Clerk – Department of Public Information & Technology: 8.1 Mahogany Grill Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant to utilize certain areas along 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 Mahogany Grill 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 2015, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill 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. Carried Unanimously   April 1, 2015    4 8.2 Sahara Restaurant Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas along 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 Sahara 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 2015, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sahara 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. Carried Unanimously 8.3 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and Kitchen Restaurant 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 Mercato Bar and Kitchen 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 2015, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and Kitchen 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. Carried Unanimously 8.4 Le Café Cent-Dix Alcohol Permit Request - Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the City Clerk’s Office has received a request to allow Le Café 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   April 1, 2015    5 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 Café 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 2015, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Le Café Cent-Dix that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.5 DPW - Reallocation of Chief Wastewater Treatment Plant Operator Position –Resolution By Alderperson Smith: Seconded by Alderperson Mohlenhoff WHEREAS, the Chief Wastewater Treatment Plant Operator requested a review of his position pursuant to the terms of the City Executive Association labor contract, and WHEREAS, the review determined that a permanent and material growth in the position’s responsibilities has occurred, and WHEREAS, the Civil Service Commission revised the Chief Wastewater Treatment Plant Operator job description at their January 21, 2015, meeting, to reflect the increase in responsibilities, and WHEREAS, the Human Resources Department reviewed the point factor evaluation of the Chief Wastewater Treatment Plant Operator position and determined that the growth in responsibilities merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore be it RESOLVED, That the position of Chief Wastewater Treatment Plant Operator be reallocated from Grade B to Grade A of the City Executive Association Compensation Plan, and be it further RESOLVED, That funding in the amount of not to exceed $4,739 to cover this salary increase retroactive to January 21, 2015, shall be derived with a transfer from account J1990-5000 Unrestricted Contingency to Account J8150-5105 Admin Salary. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Local Historic District Designation of the “Downtown West Historic District” (formerly considered under the name of “West State Historic District” by the Ithaca Landmarks Preservation Commission and under the name “Titus-Wood Historic District” by the Planning Board) - Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks Preservation Commission may recommend designation of individual landmarks and districts of historic and cultural significance, and WHEREAS, on February 10, 2015, the Ithaca Landmarks Preservation Commission conducted a public hearing for the purpose of considering a proposal to designate the   April 1, 2015    6 West State/West Martin Luther King Jr. and South Albany Street survey area as a local historic district, 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 designate the West State/West Martin Luther King Jr and South Albany Street survey area as a local historic district, and WHEREAS, Section 228-3 of the Municipal Code states that the Council shall within ninety days of said recommendation to 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 the 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, adopted by resolution at the meeting held on February 24, 2015, has been reviewed by the Common Council; now, therefore, be it RESOLVED, That the Ithaca Common Council finds that the designation 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 Downtown West Historic District meets the definition of a local historic district as set forth in the 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 Ithaca Common Council approves the designation of the Downtown West Historic District as a Local Historic District under Section 228-3 of the Municipal Code. Discussion followed on the floor regarding the historic designation process and all of the letters of support received for this district. Historic Preservation Planner McCracken noted that the one opposing resident has not contacted staff to discuss his concerns further. He explained the process and costs involved in making improvements to properties located within a historic district and the considerations made by the Ithaca   April 1, 2015    7 Landmarks Preservation when certain materials are not available, or when requests are made to improve energy efficiency. Alderperson McCollister explained the difference between properties of significance and properties of non-significance and how district boundaries are created. Alderperson Clairborne identified other historic properties of significance that should be included within the district and questioned how the district boundaries could be modified. Alderperson Brock stated that she would not support this Resolution as a request by a property owner to remove his property from the historic district boundaries was not considered. A vote on the Resolution resulted as follows: Ayes (9) McGonigal, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Martell Nays (1) Brock Carried (9-1) 9.2 Proposed Historic Landmark Designation – 421 N. Albany Street (Dennis- Newton House) – Resolution By Alderperson Murtagh: Seconded by Alderperson Clairborne WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) may designate landmarks and districts of historic and cultural significance, and WHEREAS, on February 10, 2015, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the Dennis-Newton House, 421 N. Albany St., as a local landmark, and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, the ILPC found that the proposal meets criterion “C.,” defining a “Local Landmark,” under the Landmarks Preservation Ordinance and on February 10, 2015, voted to designate the Dennis-Newton House as a local landmark, and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board shall file a report with the 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, adopted by resolution at the meeting held on February 24, 2015, has been reviewed by the Common Council, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said designation, approve, disapprove or refer back to the ILPC for modification; now, therefore, be it RESOLVED, That the Common Council finds that the designation is compatible with and 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 Dennis-Newton House, 421 N. Albany St., meets the definition of a local landmark as set forth in the Municipal Code, as follows: A structure, memorial or site or a group of structures or memorials, including the adjacent areas necessary for the proper appreciation of the landmark, deemed worthy of preservation, by reason of its value to the city as:   April 1, 2015    8 A. An outstanding example of a structure or memorial representative of its era, either past or present; B. One of the few remaining examples of a past architectural style or combination of styles; C. A place where an historical event of significance to the city, region, state or nation or representative activity of a past era took place or any structure, memorial or site which has a special character and aesthetic interest and value as part of the development, heritage and cultural characteristics of the City of Ithaca, including sites of natural or ecological interest and be it further RESOLVED, That the Ithaca Common Council approves the designation of the Dennis- Newton House and the adjacent areas that are identified as tax parcel #50.-3-22 as a local landmark. Alderperson Clairborne shared some of the history of this property and thanked Historic Ithaca and others for supporting this designation. A vote on the Resolution resulted as follows: Carried Unanimously 9.3 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” to Repeal the Collegetown Parking Overlay Zone (CPOZ) A. Declaration of Lead Agency - Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code to repeal the Collegetown Parking Overlay Zone (CPOZ). Carried Unanimously B. Determination of Environmental Significance - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to repeal the Collegetown Parking Overlay Zone (CPOZ), and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated February 19, 2015, and WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and have also been reviewed by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and   April 1, 2015    9 WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated February 19, 2015; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the adoption of the Collegetown Area Form Districts in 2014 changed the off-street parking requirements for the majority of properties included in the Collegetown Parking Overlay Zone (CPOZ), resulting in a conflict between the requirements of the new form-based code and the CPOZ legislation, and WHEREAS, there are approximately 145 properties to the west and south of central Collegetown that are still subject to the requirements of the CPOZ while other residential zones in the city share a common off-street parking requirement, and WHEREAS, the majority of these properties are part of the City’s East Hill Historic District, and the repeal of the CPOZ will support the Ithaca Landmarks Preservation Commission’s efforts to preserve green space in the historic district, WHEREAS, by repealing the CPOZ, the 145 properties will be subject to the off-street parking requirements of the underlying zoning; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO. 2015-__ Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Sections 325-4 and 325-5 are hereby amended to delete any reference to the Collegetown Parking Overlay Zone (CPOZ). Section 2. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” is hereby amended to delete §325-20D(3)(d), entitled “Parking in the Collegetown Parking Overlay Zone,” in its entirety and all subsequent sections shall be renumbered accordingly. Section 3. The Official Zoning Map of the City of Ithaca is hereby amended to delete any reference to the Collegetown Parking Overlay Zone (CPOZ). Section 4. All applicable sections within the City of Ithaca Municipal Code shall be updated in accordance with the amendments made herewith. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously   April 1, 2015    10 9.4 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” to Amend the Industrial Zone (I1) Zoning District in Order to Require a Minimum of two Stories for New Non-Industrial Construction A. Declaration of Lead Agency - Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend the I-1 zoning district in order to require a minimum of two stories for new non-industrial construction. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, The Common Council is considering to amend the I-1 zoning district in order to require new non-industrial construction to have a minimum of two stories, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated February 23, 2015, and WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated February 23, 2015, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, the Official City of Ithaca Zoning Map currently has five locations that are designated as Industrially zoned districts (I-1); Cherry Street, Carpenter Business Park, the former Emerson site, the former Ithaca Gun site, and a triangular piece of land wedged between the north side of Willow Avenue and the west side of Route 13 North, and   April 1, 2015    11 WHEREAS, the area restrictions in the I-1 zoning district were originally established in order to allow for industrial uses, which may include large one story buildings that can accommodate storage and machinery and therefore has no minimum story requirement, and WHEREAS, in order to allow for a mix of compatible uses, the Industrial zone allows for all permitted uses within the City’s zoning ordinance, with the exception of residential uses, and WHEREAS, given the limited amount of developable industrial space within the City, one-story development is only appropriate for industrial uses and all other uses should be multi story development, therefore ORDINANCE NO. 2015-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 325, of the City of Ithaca Municipal Code, entitled “Zoning”; Section 325-3, entitled “Definitions and Word Usage,” shall be amended to add the following definition: Industrial Uses -Any use having to do with the business of manufacturing products, including, warehousing, wholesaling, lumberyards, storage and handling of bulk goods (not including rubbish as defined in § 196.1, and not including residential storage, mining, or gas storage)) Section 2. Chapter 325 of the City of Ithaca Municipal Code, entitled “Zoning”, Section 325-16, entitled “Height Regulations,” shall be amended to add a new section “H” to read as follows: H. Notwithstanding anything to the contrary contained herein, in the I-1 district, no new construction of a primary non-industrial use building shall be erected that is less than two stories. When an addition or series of additions to a non-industrial primary use building existing as of the date of this ordinance is constructed, that part of the addition or additions in excess of 50% of the building area of the existing building shall also not be less than two stories. Section 3. The City of Ithaca Planning and Development Board, the City Clerk and the Planning, Building, Zoning and Economic Development Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith.   Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter.     Carried Unanimously    9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled “Zoning,” in order to Rezone Portions of the I-1 Zoning District to R-3a and P-1 A. Declaration of Lead Agency - Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and   April 1, 2015    12 WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “TYPE I” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to rezone portions of the I-1 zoning district to R-3a and P-1. Carried Unanimously B. Declaration of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, The Common Council is considering a proposal to rezone portions of the I- 1 zoning district to R-3a and P-1, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated February 23, 2015, and WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated February 23, 2015, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Alderperson Brock identified a typo in the FEAF noting that the entire parcel should now be listed as P1. A vote on the Resolution resulted as follows: Carried Unanimously C. Adoption of Ordinance By Alderperson Murtagh: Seconded by Alderperson McCollister WHEREAS, the former Ithaca Gun site is located adjacent to Ithaca Falls and within a residential neighborhood, and WHEREAS, the site is currently zoned for industrial uses, which was established when the site was an active gun factory, and WHEREAS, the factory has long been closed and the site has remained vacant for many years, and WHEREAS, given its location, industrial uses could have large impacts to the existing adjacent residential development and are therefore not a desirable land use for this area, and   April 1, 2015    13 WHEREAS, on November 5, 2003, the Common Council adopted the Gun Hill Area plan as an amendment to the City Comprehensive Plan, which stated that industrial uses are no longer appropriate for this location, and WHEREAS, the current draft City Comprehensive Plan determined that the appropriate future land use of this site is medium density residential, and WHEREAS, as a part of the environmental remediation of the Gun Hill site the City dedicated the southern portion of parcel 11.-3-1.21, which is currently zoned I-1, as parkland, therefore ORDINANCE NO. 2015-___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-5, is hereby amended to change the zoning designation from I-1 to the R-3a designation for the following tax parcels: 12.-7-4, 28.-3-5, 11.-3-1.23, and 11.-3-1.22. The boundaries of this amendment are shown on the map entitled “Proposed Rezoning of the Former Ithaca Gun Site-February 2015,” a copy of which shall be on file in the City Clerk’s office. Section 2. , Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-5, is hereby amended to change the zoning designation from I-1 to P-1 for a portion of parcel 11.-3-1.21, so that the entire parcel will now be zoned P-1. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried Unanimously 9.6A Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency - Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to have an agreement that the Planning Board will assume Lead Agency status for such projects, and   April 1, 2015    14 WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations; now, therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2015; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. Discussion followed on the floor with Senior Planner Lisa Nicholas explaining that due to the volume and complexity of the site plans being reviewed by the Planning Board, there are more agencies being considered an Involved Agency in the environmental review process. There is a 30 day time period in which the designation of a Lead Agency must be made. If the time period runs out, consent of Lead Agency status is automatically implied. She stated that 30 days is too short of a time period for staff to complete the work and reach out to Common Council for approval of Lead Agency status. She noted that Council has always approved requests for the Planning Board to be designated as Lead Agency in the past and requested their support for this Resolution. Alderperson Brock stated that she appreciates the streamlining of the process; however, noted that Common Council may want to retain the authority of acting as Lead Agency in environmental review as projects are growing and becoming more complex. A vote on the Resolution resulted as follows: Carried Unanimously B. Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for the Proposed Mixed Use Project to be Located at 210 Hancock Street - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the City of Ithaca Planning and Development Board has one pending application for site plan approval for a mixed use project known as 210 Hancock Street by Ithaca Neighborhood Housing Services (INHS), applicant and owner, and WHEREAS, the applicant proposes to redevelop the entire 2.01 acre parcel currently containing the vacant former grocery store, a smaller commercial building and a 110- space parking lot. The applicant proposes to construct thirteen 2-story for sale townhomes and a 4-story, approximately 65,000 SF, mixed use building with approximately 50 apartments and three ground floor commercial spaces totaling approximately 10,000 SF. 70 parking spaces will be provided – approximately one third of which will be on the ground floor of the apartment building. The applicant also proposes to convert portions of Adams St and Lake Ave (both of which are public streets) into “living streets” by making them narrower, providing green areas and installing bike and pedestrian amenities. The project is in the B-2a Zoning District and will likely require subdivision in the future. The project will require the following approvals: a parking variance from the Board of Zoning Appeals (BZA), approval from the Board of Public Works (BPW) for improvements to property in the public way,   April 1, 2015    15 approval for funding from the Ithaca Urban Renewal Agency (IURA) and approval from Common Council, and WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance, §176-4 (h)(2),(k), and (n) and the State Environmental Quality Review Act, §617.4 (9), and is subject to environmental review, and WHEREAS, the BZA, BPW, IURA and Common Council have all been identified as potentially involved agencies for the environmental review of this project; now, therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for the 210 Hancock Street Project. Carried Unanimously C. Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for the Proposed Lake Street Public Park Enhancement Project to be located on Lake Street at Fall Creek - Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the City of Ithaca Planning and Development Board has one pending application for site plan approval for proposed park enhancements at Lake Street Park by the City of Ithaca, applicant and owner, and WHEREAS, the applicant proposes to undertake enhancements to improve the accessibility and functionality of the park. Proposed work includes adding a concrete walkway and falls overlook, installing metal guardrails behind the existing stone retaining wall, installing a movable gate for controlled access to the Ithaca Falls Natural Area, replacing the existing bike racks, adding an accessible curb ramp, improving the landscaping, and other site improvements. The project is in the P-1 Zoning District and requires approvals from the Board of Public Works (BPW) and Common Council, and WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B.(h)[2] and [3] and the State Environmental Quality Review Act (“SEQRA) §617.4 (11) and is subject to environmental review, and WHEREAS, the BPW and Common Council have both been identified as potentially involved agencies in the environmental review of this project; now, therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for the proposed Lake Street Public Park Enhancement Project. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 10.1 DPW - Recommendation to Fund Cemetery Wall Repair - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Martell WHEREAS, the Ithaca City Cemetery was first established circa 1790 on land owned by New York Surveyor General Simeon DeWitt, includes over 7700 graves, evolved from an informal burial ground into a planned, landscaped municipal cemetery, and   April 1, 2015    16 WHEREAS, the cemetery was named Silvan Hill in 1872, became the City Cemetery when Ithaca was incorporated in 1888, and is a significant historic resource worthy of – and in need of – preservation, and WHEREAS, a recent vehicular collision with the perimeter wall near the University Avenue entrance along with the passage of time have resulted in a need for repairs to the wall at two locations, and WHEREAS, the City of Ithaca General Fund has $32,000 encumbered for the work, which includes $31,000 from the driver’s automobile insurance company, and WHEREAS, The City Engineer’s Office received two price quotes for the required specialized repairs, and WHEREAS, staff has reviewed and recommended the low quote submitted by Buzz Dolph of Ithaca Stone Setting of $35,250 for the primary work location and $3,750 for the secondary work location, and WHEREAS, the $7,000 additional funds needed for the wall project can be derived from Unrestricted Contingency, which currently has a $131,000 balance, and WHEREAS, staff has provided project information to the Historic Preservation Planner, City Forester, Parks Commission, and other interested parties and has received positive interest and no objections to the work; now, therefore be it RESOLVED, That the Common Council hereby authorizes an allocation of an amount not to exceed $39,000 from the General Fund for the Cemetery Wall Repair, and be it further RESOLVED, That sources of funds for the wall repair shall be derived from $32,000 in encumbered funds and $7,000 from the transfer of funds to account A7111-5475 Parks and Forestry Property Maintenance from account A1990 Unrestricted Contingency. Alderperson Smith urged that additional engineering solutions be considered such as curbing or planters to prevent further damage to the wall. Discussion followed on the floor regarding the number of vehicular accidents that have damaged the wall and the current reporting and insurance restitution processes. Alderperson Kerslick thanked the Friends of the Ithaca City Cemetery for supporting this project and for their consideration of adding period planters to protect that area. A vote on the Resolution resulted as follows: Carried Unanimously 10.2 DPW - Authorization for Additional Funding for Stewart Park Large Pavilion Bathroom Restoration, Capital Project #817 - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, Common Council has established Capital Project #817 for the purpose of restoring the bathrooms in the large pavilion at Stewart Park, and WHEREAS, the project was established at $78,000 based on the engineering cost estimates at the time with sources of funds to include Friends of Stewart Park of $20,000; Town of Ithaca Recreation Facility Funding of $28,000; and WHEREAS, the public bathrooms located in the large pavilion are integrally part of public rentals of the pavilion as well as indispensable facilities for Youth Bureau activities scheduled in the large pavilion, and WHEREAS, the condition of the building structure and the bathroom plumbing is severely deteriorated to the point of failure, and   April 1, 2015    17 WHEREAS, bids were received for the purpose of restoring the bathrooms in the large pavilion at Stewart Park on March 3, 2015, and WHEREAS, award of contract to the lowest qualified bidder will require an additional $48,000, and WHEREAS, the additional funds needed shall be derived from Capital Reserve # 11 Parks, which currently has a balance of $148,000; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #817 by an amount not to exceed $48,000 for a total project authorization of $126,000, and be it further RESOLVED, That the $48,000 in funds necessary for said project amendment shall be derived from Capital Reserve #11 Parks. Discussion followed on the floor regarding the increased cost of this project due to years of deferred maintenance, the addition of a framework to allow for additional facilities such as kitchen fixtures to be installed in the future, the funding status of Capital Reserve #11 that is reserved for Parks, and the potential availability of other funding sources. A vote on the Resolution resulted as follows: Carried Unanimously 10.3 DPW – Establishment of Capital Project for “Dam Safety Project” for the Potter’s Falls (60-Ft.) Dam - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, the first of the engineering contracts to replace our existing Water Treatment Plant was signed on September 24, 1996, and the second was signed on December 9, 2005, and the new Dam Safety Regulations (6NYS CRR Part 673) went into effect August 19, 2009 causing the existing Water Supply Projects to coincide in time with the newly mandated Dam Safety Projects, and WHEREAS, on February 18, 2009, the Board of Public Works (BPW) authorized the Water & Sewer Division of the Department of Public Works (DPW) to solicit proposals for preparing Engineering Assessments, updating Emergency Action Plans, and updating Operations and Maintenance manuals for both the 30-Foot & 60-Foot Dams to ensure the City’s compliance with the new Dam Safety Regulations, and WHEREAS, the City received proposals from 9 Professional Engineering Firms on April 9, 2009, and the BPW with supporting documentation from Staff awarded the work to C.T. Male Associates for an amount not to exceed $118,217, to be funded from existing Capital Project 510, the Water Supply Project funds, and WHEREAS, as part of the permitting process for our Water Supply Project the City received a letter from the New York State Department of Environmental Conservation (NYSDEC) that identified several remaining gaps in the Engineering Assessment for the 60-foot dam, and WHEREAS, the DPW staff requested O’Brien & Gere review the DEC’s letter and submit a proposal to the City to address the DEC’s concerns with the 60-foot Dam, and WHEREAS, on July 19, 2013, O’Brien & Gere submitted a proposal for 60-Foot Dam- Outstanding EA Tasks, and on July 22, 2013, the BPW resolved unanimously to accept the proposal in an amount not to exceed $27,000.00 with funds to be obtained from contingencies in the existing Capital Project #510, and WHEREAS, O’Brien & Gere provided the Supplemental Engineering Assessment 60- Foot Dam on February 24, 2014, to both the City and the DEC, and in follow up meeting with NYSDEC on September 10, 2014, DEC requested a schedule for completion of the Dam Safety upgrades, and   April 1, 2015    18 WHEREAS, the DPW staff requested O’Brien & Gere prepare and submit a proposal for the 60-Foot Dam Safety Upgrades – Design and Construction Phase Services along with a overview presentation of the 60-Foot Dam Engineering Assessment for the BPW, O’Brien & Gere made the presentation to the BPW on February 9, 2015, and WHEREAS, preliminary estimates for the complete Dam Safety Project Costs for the 60-Foot Dam are projected to be approximately $4 million. More detailed structural inspection, geotechnical investigation, and final design are needed to refine construction estimates for project, and WHEREAS, the February 3, 2015, proposal for 60-Foot Dam Safety Upgrades – Design and Construction Phase Services from O’Brien & Gere include estimates for Detailed Structural Inspection = $7,000.00, Geotechnical Investigation = $35,000.00, Design Development = $18,000.00, and Final Design = $68,000.00, totaling $128,000.00, and WHEREAS, the budget for Capital Project #510, the City’s Water Treatment Plant improvements did not include funds for the NYSDEC mandated Dam Safety Improvements, and WHEREAS, a new Capital Project will need to be established for the Dam Safety Design to allow for the continued progress of work within schedule for compliance with the understanding additional funds will be needed in 2016 once we have a solid cost estimate for the Dam Safety Improvements; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #527 Dam Safety Improvements in an amount not to exceed $128,000 for the purposes of engineering for Dam Safety Upgrades to the 60-foot Dam, and be it further RESOLVED, That funds necessary for the NYSDEC mandated Dam Safety Improvements will be derived from a Capital Reserve #16 Water Sources Development transfer to Capital Project #527 Dam Safety Improvements. Alderperson McCollister questioned the wording in the 12th Whereas clause regarding the future funding needed for dam safety (approximately $4 million), and voiced her discomfort with the vagueness of potential costs. Mayor Myrick noted that this is an unfunded mandate by the Department of Environmental Conservation. Alderperson Clairborne stated that these unfunded mandates need to be tracked to use in future discussions with New York State. Alderperson Brock stated that she is not happy with unfunded mandates but understands the State’s increase in inspections. Aging infrastructure and years of deferred maintenance have resulted in structure failures that created catastrophic events. Mayor Myrick noted the differing impacts that State funding vs. local funding for these types of projects have on the middle class and working poor, specifically increases to water rates and property taxes. Alderperson McGonigal voiced his concern regarding the engineering costs. Alderperson Kerslick stated that he would support the tasks 1-4 on the list proposed by O’Brien & Gere but would like to get more information on timelines so Council can understand the impact of this decision on the upcoming city budgets. Mayor Myrick noted that at this time only two dams are being discussed with funding being derived from the water fund and the general fund; however, there are also other dams that will require maintenance to bring them into compliance. City Controller Thayer explained the difficulty in insuring the dams due to the compliance issues. He further addressed the great pressure that this work will place on water and tax rates. He stated that a vote is not needed tonight but there are upcoming   April 1, 2015    19 deadlines. This action would only approve the funding needed to gather further information. Alderperson McGonigal noted that Superintendent of Public Works Thorne and Director of Engineering West came to the City Administration Committee; however, he feels that more information is needed before a decision can be made. Alderperson Clairborne requested that a presentation be held at next month’s meeting on the current and future actions needed regarding dam maintenance. A vote on the Resolution resulted as follows: Carried Unanimously 10.4 City Controller’s Report City Controller Thayer reported on the following: New York State Budget: New York State recently approved the 2015-2016 budget and he is waiting for further details. At this time it appears as if CHIPS funding will remain the same at $437,000 and that additional funds have been placed in the budget to reimburse costs expended for extreme weather conditions (approx. $40,000+). State Aid will remain the same at $2,610,000. It has been 7 years since the City has received an increase in AIM funding. With inflation factored in, the payment should be closer to $5 million. 2015 Activity:  Sales tax – $13.4 million budgeted – current collections are 5.4% ahead of this same period last year, and are on pace to meet budget projections  Overtime – $947,000 was budgeted – $223,000 has been spent to date  Building permits - $700,000 was budgeted – $302,000 has been collected to date  Parking Revenue – $2.4 million was budgeted – $532,000 has been collected to date. The new parking equipment has arrived and will be installed in the next couple of months. Questions followed on the floor regarding the NYS budget and changes that are being proposed to the STAR program. MAYOR’S APPOINTMENTS: 14.1 Appointments to City of Ithaca Local Board of Assessment Review – Resolution By Alderperson Smith: Seconded by Alderperson Kerslick RESOLVED, That Marjorie Olds, John Barradas, and Robert Sparks be appointed to the Local Advisory Board of Assessment Review for the City of Ithaca for 2015, and, be it further 14.2 Reappointment to Cable Access Oversight Committee – Resolution RESOLVED, That Rich DePaolo be reappointed to the Cable Access Oversight Committee with a term to expire December 31, 2017, and, be it further 14.3 Reappointment to Conservation Advisory Council – Resolution RESOLVED, That Matthew Yarrow be reappointed to the Conservation Advisory Council with a term to expire December 31, 2017, and, be it further 14.4 Appointment to the Workforce Diversity Advisory Committee – Resolution RESOLVED, That Fabina Colon be appointed to the Workforce Diversity Advisory Committee to fill a vacancy with a term to expire December 31, 2016, and, be it further 14.5 Reappointment to Youth Bureau Advisory Board – Resolution RESOLVED, That Caitlin Moss be reappointed to the Youth Bureau Advisory Board with a term to expire December 31, 2017. Carried Unanimously   April 1, 2015    20 REPORTS OF COMMON COUNCIL LIAISONS: Board of Public Works Alderperson Fleming reported that Parking Director Nagy reviewed the map of proposed pay station locations with the Board. The Cascadilla Boat Club license was on the agenda as a discussion item. A Resolution of Sentiment will be prepared for next BPW meeting. DPW staff members led a tour of the Stewart Park facilities for members of Council. She noted that buildings are not in good shape and it will cost a lot of money to make them safe for public occupation. Human Services Coalition Alderperson Mohlenhoff reported that 2-1-1 funding was restored in the State budget. She extended her thanks, and also Kathy Schlather’s, to everyone for showing their support by signing on to the letter that was sent to New York State. Housing Trust Fund Alderperson Clairborne reported that Cornell University, Tompkins County and the City have committed to extend the Tompkins County Housing Fund program for another six years. The first 6-year pilot project established in 2009 was successfully completed, and this new commitment will allow the program to continue through 2021. Commons Construction Alderperson McGonigal requested that a status report be given on Commons construction project at the next Common Council meeting. REPORT OF CITY CLERK: City Clerk Holcomb read the following announcement into the record: Public Hearing Announcement for 2015 Community Development Block Grant and Home Investment Partnership Program: On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is announcing the beginning of the selection process for projects that will be funded by the 2015 Entitlement Grant round. Approximately $670,000 in Community Development Block Grant funds and $368,000 in HOME funds are expected to be available. All funded projects must meet HUD National Objectives and primarily benefit the City’s low-income residents. Copies of all submitted applications for funding are available for review on the Ithaca Urban Renewal Agency web page at www.ithacaura.org, The first of two public hearings for the grant is scheduled for April 2, 2015 at 8:30 a.m. in Common Council Chambers. The entire schedule of public meetings can be found on the Ithaca Urban Renewal Agency web page. For more information, please contact: Ithaca Urban Renewal Agency 108 East Green Street, 3rd floor Ithaca, NY 14850-5690 Phone (607) 274-6553 E-mail: ltruame@cityofithaca.org REPORT OF CITY ATTORNEY: City Attorney Lavine reported on the following: The owner of the unoccupied property located at 404 West Green Street plead guilty to a total of 288 counts of violations of the City of Ithaca Municipal Code and New York State Property Maintenance Codes. The property owner agreed to a fine of $15,000 and potential additional fines of $30,000 if the structure is not brought into compliance with all codes within a period of approximately six months. A Federal Court dismissed in its entirety a 2012 lawsuit filed against the City by former Ithaca Police Department Sergeant Douglas Wright claiming employment discrimination. Mr. Wright was seeking $10.5 million.   April 1, 2015    21 MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the March 4, 2015 Common Council Meeting Minutes – Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That the minutes of the March 4, 2015 Common Council meeting be approved as corrected. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:20 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor