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HomeMy WebLinkAbout01-06-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, January 6, 2010, at 7:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 Election of Acting Mayor - Resolution 4.2 Election of Alternate Acting Mayor - Resolution 4.4 Appointment of Marriage Officers for 2010 - Resolution 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution 8.5 Finance/Controller - Designation of Official Depositories - Resolution 8.6 Common Council - Approval of 2010 Travel Policy - Resolution 8.7 Youth Bureau - Request to Amend 2010 Budget - Resolution 8.8 Department of Public Works - Approval of Uncontested 2006 and Uncontested 2007 Elmira Road Sidewalk Assessments - Resolution 8.9 Department of Public Works - Approval of Contested 2006 Elmira Road Sidewalk Assessments - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Adoption of Site Plan Review Amendments Revising Bicycle Parking Standards A. Determination of Negative Environmental Significance B. Ordinance 9.2 HUD Entitlement Program – 2010 Action Plan – Resolution 9.3 Restore NY Round III – Downtown Commons Upper Story Housing – Modification to Project 130-132 East MLK/State Street (former Plantations) – Resolution Common Council Agenda January 6, 2010 Page 2 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE CON’T.: 9.4 Acceptance of the Commons Client Committee Recommendation and Authorization of Sasaki to Prepare a Preliminary Design for the Repairs and Upgrades to the Commons – Resolution 10. NEIGHBORHOODS AND PUBLIC SAFETY COMMITTEE: No items were submitted for the agenda 11. LEGISLATIVE COMMITTEE: No items were submitted for the agenda 12. CITY ADMINISTRATION COMMITTEE: 12.1 Request to Amend 2010 Building Department Budget - Resolution 12.2 Approval of Tompkins County Animal Control Contract - Resolution 12.3 Common Council – Support for Diverse City Working Environment - Resolution 12.4 City Controller’s Report 13. REPORTS OF SPECIAL COMMITTEES: 14. NEW BUSINESS: 14.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili Cook-Off on the Commons – Resolution 15. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 16. MAYOR’S APPOINTMENTS: 16.1 Appointment of City Historian - Resolution 16.2 Resolution to Appoint City Representatives to the Tompkins County Council of Governments (TCCOG) 16.3 Various appointments to City Boards/Committees (information to be distributed with agenda packets) 17. REPORTS OF COMMON COUNCIL LIAISONS: 18. REPORT OF CITY CLERK: 19. REPORT OF CITY ATTORNEY: 20. MINUTES FROM PREVIOUS MEETINGS: 20.1 Approval of the December 2, 2009 Regular Common Council Meeting Minutes – Resolution 20.2 Approval of the December 3, 2009 Special Common Council Meeting Minutes – Resolution 20.3 Approval of the December 22, 2009 Special Common Council Meeting Minutes – Resolution Common Council Agenda January 6, 2010 Page 3 21. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC, City Clerk Date: December 31, 2009 4. SPECIAL ORDER OF BUSINESS: 4.1 Election of Acting Mayor - Resolution 4.2 Election of Alternate Acting Mayor - Resolution 4.4 Appointment of Marriage Officers for 2010 - Resolution RESOLVED, That the following Alderpersons be designated as Marriage Officers for the year 2010: 8. CONSENT AGENDA ITEMS: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2010. 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution RESOLVED, That the collateral deposited by the Tompkins County Trust Company, JP Morgan Chase and M & T Bank as reported, be approved as to form and sufficiency. 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2010. Faithful Performance Blanket $250,000 National Grange Bond Coverage Mutual Insurance Co. 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution RESOLVED, That the regular meetings of the Common Council, for the year 2010, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. 8.5 Finance/Controller - Designation of Official Depositories - Resolution RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County Trust Company, the Fleet Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2009 and are currently deposited as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 City of Ithaca Payroll Fund 04-201-001004 City of Ithaca-Wire Transfer 06-201-001004 City of Ithaca BID Assessments 06-201-001055 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 N.Y.S. Police, Fire and Employees Retirement System 08-201-001004 Payroll Benefits - Flexible Spending BC BS Insurance – Health BC BS Insurance – Vision Ithaca Area Wastewater Treatment JT Account Operating 01-101-110103 Ithaca Area Wastewater Treatment Capital Fund 02-101-110103 Ithaca Area Wastewater Treatment Investment Savings 14-101-110103 City of Ithaca Invest Savings 11-201-001004 Fireman’s Relief Fund Savings 14-101-080719 Fireman’s Relief Fund 01-101-219946 Vet Volunteer Fireman’s Associations 01-101-080808 City of Ithaca Construction Fund Investment Savings 12-201-001004 M & T BANK ACCOUNT NAME ACCOUNT NUMBER Department of Justice Grant 8890767380 Debt Service Fund 8890767398 Ithaca Area Wastewater Treatment Plant Capital Reserve 9837877209 Ithaca Area Wastewater Treatment Parking Ticket Payment Account 8890767356 Trust Fund 8890767349 Construction Fund 8890767315 Guaranty and Bid Deposits 8890767349 Health Facility Agreement 8890878349 Deposit on Water Meters 8890767349 Ithaca Area Wastewater Investment Savings 8890767463 Sale of Unclaimed Property 8890767349 Circle Greenway 8890767349 Conference on College and Community 8890767349 Center for Expressive Arts 8890767349 Peter DeWysocki Memorial Fund 8890767349 Cemetery Fund 8890767349 Commons Cultural Tourism 8890767349 DeWitt Park Improvement Fund 8890767349 Centennial Art Work 8890767349 GIAC Youth Enterprise Fund 8890767349 Capital Reserve Fund #4 - Bridges 9837878215 Capital Reserve Fund #11 - Parks and Recreation Areas 9837878215 Capital Reserve Fund #14 - Parking Areas 9837878215 Capital Reserve Fund #15 - Fire Engine Replacement 9837878215 Capital Reserve Fund #16 - Development of Water Sources 9837878215 Capital Reserve Fund #17 - Sewer Construction 9837878215 Capital Reserve Fund #17A – Mandatory Reserve for Sewer Plant Construction 9837878215 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 9837878215 Capital Reserve Fund #22 - Bus Replacement 9837878215 Capital Reserve Fund #23 - Public Works Equipment 9837878215 Capital Reserve Fund #24 - Energy Conservation 9837878215 Capital Reserve Fund #25 - Capital Improvements 9837878215 Capital Reserve Fund #26 - Land Acquisition 9837878215 Capital Reserve Fund #27 - DPW Consolidation 9837878215 Capital Reserve Fund #28 – Mandatory Debt Reserve 9837878215 ECHO 8890767349 Six Mile Creek Natural Area 8890767349 Thermal Imaging Unit 8890767349 Fire Department 175 Anniversary 8890767349 Rick Gray Memorial 8890767349 Stewart Park Carousel Fund 8890767349 Rt. 13 Plaza Light 8890767349 Northside Neighborhood Cleanup 8890767349 FICA Overpayment 8890767349 1896 Steamer Public Display Fund 8860767349 Moore Memorial 8890767349 Community Risk 8890767349 IFD Bunker Facilities 8890767349 Stewart Park Landscaping 8890767349 Wood Street Benches 8890767349 IPAC Escrow 8860767349 Child Safety Seats 8890767349 Dog Park 8890767349 8.6 Common Council - Approval of 2010 Travel Policy - Resolution WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable, and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2010, and be it further RESOLVED, That the cost for all events must be derived from existing 2010 Departmental Budgets with appropriate approvals obtained as applicable, and be it further RESOLVED, That this resolution shall take effect immediately. 8.7 Youth Bureau - Request to Amend 2010 Budget - Resolution WHEREAS, The Ithaca Youth Bureau and GIAC will be co-organizing an adult basketball league this winter, and WHEREAS, the Ithaca Youth Bureau will collect additional fees and purchase supplies for the program, now, therefore, be it RESOLVED, That Common Council hereby amends the 2010 Youth Bureau Budget to account for said increase as follows: Increase Revenue Account: A 7310-2001-1530 Basketball $3,150 A 7310-2070 -1530 Basketball 500 $3,650 Increase Expense Account: A 7310-5120-1530 Part-time $ 450 A7310-5435-1530 Contracts 2,372 A 7310-5460-1530 Program Supplies 765 A7310-9030 Social Security/Medicare 34 A7310-9040 Workers’ Compensation 29 $3,650 8.8 Department of Public Works - Approval of Uncontested 2006 and Uncontested 2007 Elmira Road Sidewalk Assessments - Resolution WHEREAS, notices of defect and public hearings were provided to property owners related to the installation and repair of their sidewalks, which was done by City of Ithaca in 2006 and 2007; and WHEREAS, owners received notices of assessment and information regarding protest options, no protests were made when the protest period ended at the Public Hearing held on December 9, 2009 ; and WHEREAS, the Board of Public Works has determined the following assessments including the 25% administrative fee required by City Code: Address Property Owner Tax Parcel # Charges 2006 Sidewalk: 105 Lewis St Stephanie Hsu 27.-5-2 $250.00 2007 Elmira Rd. Sidewalk: 347 Elmira Rd. Katzkidd Investments 125.-2-1 $10,558.30 341-343 Elmira Rd. Americo Real Estate Co. 125.-2-2 $27,406.26 now therefore be it RESOLVED, That the Common Council hereby accepts the decision of the Board of Public Works and approves the finalization of sidewalk repair assessments for the properties in question and authorizes the City Chamberlain to collect such assessments. 8.9 Department of Public Works - Approval of Contested 2006 Elmira Road Sidewalk Assessments - Resolution WHEREAS, property owners were directed to install sidewalk, a pre-work Public Hearing was held, and City of Ithaca installed sidewalks and driveway aprons, reset curb and performed associated traffic maintenance and protection and site restoration work; and WHEREAS, owners received notices of assessment and information regarding protest options and a post-work Public Hearing; protests were received and appeal materials were reviewed by a subcommittee of the Board of Public Works and presented to Board of Public Works for resolution; and WHEREAS, the Board of Public Works has determined the following assessment including the 25% administrative fee required by City Code: AddressTax Parcel #Owner Assessment 334 Elmira Rd121.-1-4Reuben & Milton Weiner16,444.30$ 334 Elmira Rd121.-1-5Reuben & Milton Weiner11,723.88$ 328 Elmira Rd121.-1-1Reuben & Milton Weiner27,769.13$ now therefore be it RESOLVED, That the Common Council hereby accepts the decision of the Board of Public Works and approves the finalization of sidewalk repair assessments for the properties in question and authorizes the City Chamberlain to collect such assessments. 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Adoption of Site Plan Review Amendments Revising Bicycle Parking Standards A. Determination of Negative Environmental Significance WHEREAS, support for bicycling and therefore for the needs of bicyclists is in line with several commitments that the City has made recently, including commitments to reduce greenhouse gas emissions, and WHEREAS, over the past few decades, the City of Ithaca has increased its attention to the needs of bicyclists, particularly by requiring bicycle parking at buildings and other facilities to serve the needs of residents, employees, shoppers, students, visitors, etc., and WHEREAS, the existing bicycle parking requirements codified in the site plan review ordinances are vague and open to varying interpretations, and WHEREAS, despite attention from Planning and Development Department and Building Department staff, and attention from project applicants, the current vague requirements have regularly led to construction and installation of bicycle parking facilities that are insufficient, poorly located, and/or inappropriate for the specific conditions, WHEREAS, Transportation Engineering staff with particular expertise and experience in bicycle-related issues have developed revised requirements that clarify the exact types and quantities of bicycle parking that are satisfactory under various conditions, and WHEREAS, a memo outlining these suggested revisions has been circulated at least twice to relevant departments, agencies, and other interested parties, including the Bicycle/Pedestrian Advisory Council, and only positive comments have been received by staff, 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, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, the proposed amendment to the Site Plan Review ordinance is a “Type I” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency for adopting site plan review ordinance revisions, hereby adopts as its own, the findings and conclusions more fully set forth on the attached Short Environmental Assessment Form dated November 13, 2009, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that this adoption of site plan review ordinance revisions regarding bicycle parking requirements, 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. B, An Ordinance to Amend the City of Ithaca Municipal Code Chapter 276, Entitled “Site Plan Review” Regarding Bicycle Parking Standards ORDINANCE NO. 10- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Section 276-7 of Chapter 276 (Site Plan Review) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Section 276-7 of Chapter 276 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 276-7. Project review criteria. A. General criteria: (8) Safe and convenient pedestrian and bicycle access and circulation, and provision of bicycle parking facilities as stipulated in Sec. 276-7(C)(5).racks when appropriate. C. Criteria for motor vehicle and bicycle parking areas where applicable. The general criteria in Subsection A shall apply also to motor vehicle and bicycle parking area development. These are intended to be minimum criteria. The Planning and Development Board may make such additional reasonable stipulations as it deems appropriate to carry out the intention of this chapter. The following criteria are applicable: shall apply (see accompanying illustration Editor's Note: The illustration referred to on file in the City Planning and Development office.): (1) There shall be screening with a minimum five-foot-wide planting area or fences between a motor vehicle parking area and adjacent properties and public ways, except where there is motor vehicle parking that is shared by more than one property or where commercial properties abut. In such cases the Board may require landscaping as it deems appropriate. (2) In motor vehicle parking areas a minimum of 12% of the interior ground area (i.e., excluding any peripheral planting area) shall be planting areas that include trees with a potential mature height of at least 50 feet and a caliper of at least 2 1/2 inches at the time of planting. (3) Interior planting areas shall be a minimum of 80 square feet with no dimensions being less than eight feet. The planter shall be curbed and have a minimum three-foot- deep excavation. (4) The City Forester and the Shade Tree Advisory Committee shall be consulted in plant species selection and planting soil specification. (5) Bicycle parking facilities shall normally be required for all uses requiring site plan review as listed in Sec. 276-3(A)(2). (a) Statement of purpose. It is the intent of this section to provide for the regulation and provision of safe, secure, convenient, and appropriate bicycle parking facilities. The Planning and Development Board shall use the following standards in its consideration of the location and the type/design of bicycle parking facilities. (b) Definitions. The term ‘bicycle parking facility’ includes the bicycle parking spaces, one or more bicycle racks, and, when applicable, the access aisle(s) between groups of bicycle racks. Bike lockers and other secure, enclosed areas that can accommodate bicycle storage may be considered bicycle parking facilities. A ‘bicycle parking space’ refers to a location for which the parking of one bicycle is intended. A ‘bicycle rack’ is an element of the bicycle parking facility that supports one or more bicycles and to which one or more bicycles may be locked. (c) Standards for the number of bicycle parking spaces to be provided for various uses. See chart below. Use Bicycle Parking Space Standards 1,2,3 Adult day-care home or group adult day-care Facility 1 for client use, plus 1 per 20 employees Dormitory 1 per 5 persons housed (6 min.) Dwelling unit 1 per 5 bedrooms or sleeping rooms (single family and duplex encouraged but excepted) Fraternity, sorority or group house 1 per 5 persons housed (2 min.) Rooming or boarding house 1 per 5 sleeping rooms (2 min.) Auditorium or theater 1 per 50 seats (4 min.) Bar, tavern or restaurant 1 per 500 square feet of net floor area of the assembly space (2 min.) Bed-and-breakfast home or bed-and-breakfast inn 1 per 10 sleeping rooms (2 min.) Bowling alley 1 per 2 bowling lanes Church, funeral home or mortuary 2 min. (spaces for 2% of expected attendance recommended) Fitness center or health club 1 per 20 persons allowed as determined by the maximum occupancy load (6 min.) Home occupation requiring special permit none Hospital or nursing or convalescent home 1 per 20 employees4 (6 min.) Hotel or motel 1 per 20 employees4 (6 min.) Medical or dental office 1 per 2500 square feet of net assignable floor area (2 min.) Nursery school, child day-care center or private elementary or secondary school 1 per 20 employees4 plus 1 per 20 pupils enrolled (4 min.) Office or bank 1 per 2500 square feet of net assignable floor area (4 min.) Retail store or neighborhood commercial facility 1 per 2500 square feet of net assignable floor area (2 min.) Wholesale or industry 1 per 30 employees4 (2 min.) Boat launch 4 min. Boat storage or repair 4 min. Boatel 4 min. Marina 4 min. Yacht club 4 min. Human service agencies and centers [Added 6-5-1996 by Ord. No. 96-9] 1 per 2500 square feet of floor area (4 min.) Other uses not listed above Whichever is greatest: 1 per 20 employees4 OR 1 per 2500 square feet OR 1 per 10 motor vehicle spaces (2 min.) NOTES (on chart): 1. In the case of mixed use of a building or property, the bicycle parking space standards shall be computed for each use, and the total for all uses shall be provided in accordance with this section. 2. The Planning and Development Board may, upon consideration of relevant factors, including but not limited to, the easy availability of adequate proximate bicycle parking or the expectation that a lesser number of bicycle parking spaces will meet the parking needs of the use, determine that a lesser number of bicycle parking spaces is appropriate. 3. Bicycle parking facilities may be located inside or outside of structures. 4. Calculation to be based on the number of employees during the maximum work shift. (d) Location of bicycle parking facilities. [1] Bicycle parking facilities should be located close to building entrances, and should be located at least as close and convenient to building entrances as the nearest motor vehicle parking space. Bicycle parking facilities to be in a public right of way shall require approval by the Office of the City Engineer & the Board of Public Works. [2] Bicycle parking facilities that are not located within a building shall be located in highly visible and well-lighted areas to minimize theft and vandalism. [3] Bicycle parking facilities shall not intrude into pedestrian or vehicular circulation paths. [4] At least 25% of a bicycle parking facility intended primarily for residential uses shall be located within a garage and other secure indoor or covered areas. [5] Bicycle parking facilities shall be covered or otherwise protected from the elements whenever practical; especially where long-term (over 4 hours) residential and/or employee parking is anticipated. [6] A minimum clear distance of 24 inches shall be between bicycle racks and walls, other obstructions, and/or any unpaved surface. Vertical clearance of seven feet minimum is required for all bicycle parking facilities. There must be a convenient, paved access route between the roadway network and the bicycle parking area. (For example, bicyclists shall not be required to cross lawns or carry bicycles up stairways to reach bicycle parking facilities.) (e) Type/design of bicycle parking facilities. [1] Bicycle parking facilities shall be designed in such a way so as to accommodate a standard bicycle (six feet in length, minimum). An eight-foot-long parking space is recommended to account for irregularly parked bicycles. [2] Bicycle racks shall be securely anchored to concrete. The entire footprint of the bicycle parking facility shall be constructed of concrete. (Asphalt, brick, or other durable surface may be acceptable at the discretion of the Planning and Development Board.) The footprint shall be as level as practical. [3] Bicycle racks should be the standard inverted “U” rack design, approximately 36 inches high and with vertical elements 20 to 30 inches apart. When multiple inverted “U” racks are grouped together, they shall be oriented parallel to one another and should be spaced 30 inches on center (exceptions for spacing as narrow as 24 inches on center and as wide as 36 inches on center shall be allowable in some instances at the discretion of the Planning and Development Board). Though the standard inverted “U” rack design is highly recommended, other innovative and/or creative rack designs may be allowed at the discretion of the Planning and Development Board. [4] Bicycle racks shall support the frame of each bicycle in TWO or more places separated horizontally by 20 to 30 inches. (Designs that support bicycles by one wheel only, or at only one point of the bicycle, are NOT acceptable.) [5] All rack designs shall permit the use of standard U-locks. [6] Enclosed bicycle parking facilities, such as bike lockers and indoor storage rooms, do not necessarily require the inclusion of a bicycle rack element depending on the design of the facility. Such enclosed facilities shall be lockable and otherwise secure. (f) Variations and exemptions to bicycle parking requirements. [1] Any property owner required to provide bicycle parking may propose to establish a shared bicycle parking facility with an adjacent property owner to meet the combined requirements. Such a proposal requires approval by the Board. [2] Possible variation from above standards under site plan review. The Planning and Development Board may, at its discretion, allow variations from the above standards. Section 2. Effective Date This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. 9.2 HUD Entitlement Program – 2010 Action Plan - Resolution WHEREAS, the City of Ithaca is eligible to receive an annual formula allocation of funds to meet community development needs through the HUD Entitlement program from the Community Development Block Grant program (CDBG) and the Home Investment Partnerships program (HOME) funding sources, and WHEREAS, the Common Council has adopted the 2009-2013 Consolidated Plan identifying goals, objectives and strategies for use of HUD Entitlement program funding to address priority community development needs, and WHEREAS, the annual Action Plan identifies a specific list of budgeted community development projects proposed to be undertaken with HUD Entitlement program funds, and WHEREAS, the City of Ithaca is eligible to receive the following estimated allocations through the 2010 HUD Entitlement program: $817,140.00 CDBG (Community Development Block Grant) $575,564.00 HOME (Home Investment Partnerships Program) $ 86,334.60 HOME CHDO Set-Aside Funds not allocated in 2009 $1,479,038.60 Total Entitlement Grant Funds, and WHEREAS, $25,000 in program income is projected to be received from loan repayments in program year 2010, and these funds must also be allocated as part of the 2010 Action Plan, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2010 Action Plan in accordance with the Citizen Participation Plan, now, therefore be it RESOLVED, That the Common Council hereby adopts the attached “IURA Adopted Action Plan”, dated November 13, 2009, for allocating a projected 2010 HUD Entitlement award of $1,479,038.60 and $125,000.00 of program income, and be it further, RESOLVED, That in the event that the actual amount of the HOME award differs from the projected amount, the amount of funding allocated for the First Time Homebuyer program shall be adjusted accordingly, and be it further, RESOLVED, That in the event that the actual CDBG award is less than the projected amount, then the 2-1-1 program shall be decreased by this amount, and be it further, RESOLVED, That in the event the actual CDBG award is greater than the projected amount, then the amount of funding allocated for 2-1-1, Significant Elements and Child Care Scholarships shall be equally increased up to the amount requested for each project, and be it further, RESOLVED, That should the IURA determine that any of the proposed projects in the Action Plan encounter feasibility issues that would hinder their timely completion or adversely affect their eligibility prior to the HUD submission deadline, the Common Council authorizes the IURA, upon approval by the Mayor and the Chair of the Planning and Economic Development Committee, to make adjustments in the application to resolve feasibility and eligibility concerns, and be it further RESOLVED, That the Common Council for the City renews its designation of the Ithaca Urban Renewal Agency (IURA) as the lead agency to develop and administer the HUD Entitlement program on behalf of the City of Ithaca, and be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted 2010 Action Plan. 9.3 Restore NY Round III – Downtown Commons Upper Story Housing – Modification to Project at 130-132 East MLK/State Street (former Plantations Building) - Resolution WHEREAS, the City of Ithaca submitted a $2.5 million Restore NY III application to the Empire State Development Corporation for funding assistance to rehabilitate three downtown buildings, and WHEREAS, the City was awarded $1.15 million through Restore NY III for rehabilitation of the following buildings: $900,000 Plantations, 130-132 E. MLK/State Street Sponsor: ItalThai, LLC, Lex Chutintaranond & Flaminia Cervesi, managing members $250,000 Petrune, 128-130 E. MLK/State Street Sponsors: Domenica Brockman & Justin Hjortshoj WHEREAS, the City authorized the Ithaca Urban Renewal Agency (IURA) to administer and implement the Restore NY III grant, and WHEREAS, ItalThai has been finalizing design, budget and financing, including historic preservation rehabilitation tax credits that require design approval by the NYS Historic Preservation Office (SHPO), and WHEREAS, SHPO is requiring retention of the following building elements at the Plantations building that contribute to the buildings historic character: ƒ Tin ceilings on first and second floor ƒ Two large skylights ƒ Interior wooden staircase, and WHEREAS, retention of tin ceilings make it very difficult to soundproof 2nd floor apartments proposed to be developed directly above the restaurant, and WHEREAS, ItalThai proposes to revise the project to replace two market-rate apartments planned for the second floor with commercial office space, and WHEREAS, the original and proposed modified project is summarized as follows: Original Project Modified Project 8 one-bed apartments 6 one-bed apartments 2 one-bed affordable apartments 2 one-bed affordable apartments 4,000 SF restaurant (20 FTE jobs) 4,000 SF restaurant (20 FTE jobs) 1,200 SF commercial office space WHEREAS, at their November 13, 2009 meeting, the IURA reviewed this matter and recommended approval of the requested project modification; now, therefore, be it RESOLVED, That the Common Council hereby approves the sponsor’s request to modify the rehabilitation project for the Plantations Building at 130-132 E. MLK/State Street to replace two proposed one-bedroom market rate apartments on the second floor with approximately 1,200 square feet of commercial office space. 9.4 Acceptance of the Commons Client Committee Recommendation and Authorization of Sasaki to Prepare a Preliminary Design for the Repairs and Upgrades to the Commons - Resolution 1. WHEREAS, in June of 2009, the City hired Sasaki Associates, a Boston based planning, design, and architectural firm, to design upgrades and repairs for the Commons, and 2. WHEREAS, Sasaki Associates was contracted to evaluate the existing conditions and future needs of the Commons based on utilities, surfaces, site structures and planting, to consider overall design integration into the surrounding area, and to recommend project phasing that would minimize construction impacts, and 3. WHEREAS, in order to assist with the design of the upgrades and repairs, the Mayor appointed the Commons Client Committee, which consists of 15 members of the public and city officials appointed by the Mayor, and 7 supporting City staff members from the City Clerk’s office, Engineering, Planning, Fire, and the Downtown Ithaca Alliance, and 4. WHEREAS, Clough Harbour & Associates, a full service engineering firm, was hired as a sub consultant to Sasaki Associates, in order to evaluate the conditions and needs of the underground utilities located on the Commons, and 5. WHEREAS, Clough Harbour & Associates evaluated the conditions of the gas mains, water main, electrical and communications conduits, and the storm and sanitary sewers, and 6. WHEREAS, the existing gas mains are wrapped steel pipes with no corrosion protection, and 7. WHEREAS, the NYS Public Service Commission has mandated that they be upgraded in order to minimize leaks, and 8. WHEREAS, the existing gas mains lack capacity for any additional services, such as new restaurants, or upper story development, and 9. WHEREAS, It was further determined that the water main should be replaced because it is near the end of its useful life and becoming susceptible to breaks and failures, the joints are in need of replacement, and the functionality of the valves are unknown, and 10. WHEREAS, the consultants were asked to investigate alternative methods of replacements that would require minimal excavation, and 11. WHEREAS, Clough Harbour determined that because of the number of lateral connections to the water main that would need to be accessed, it is not possible to replace the main with non invasive methods, and therefore recommended that the water main be replaced using standard excavation methods, and 12. WHEREAS, the Commons Client Committee and the Consultant worked together over several months on an extensive public outreach process, which included soliciting comments from downtown residents, downtown employees, merchants, property owners, shoppers, playground users, mobile vendors, seniors, people with disabilities, tourists, college students, library users, downtown event planners, utility suppliers, as well as from the general public, and 13. WHEREAS, comments were collected regarding safety/security, access/accessibility, project phasing, vegetation, surface conditions/amenities, art/history, budget, and retail mix, and 14. WHEREAS, the Client Committee received many comments from the public regarding the importance of retaining a play area on the Commons, as well as to continue to provide performance space, and 15. WHEREAS, Sasaki Associates prepared 3 conceptual design options for the upgrades and repairs to the Commons, and 16. WHEREAS, for the East State Street portion of the Commons, the three options presented by the consultants include, a minimal option, which attempts to retain as much of the original design as possible, an asymmetric design, which places the amenities all on one side of the Commons and the pedestrian walkway on the other side, and an eclectic streetscape option, which creates two rows of amenities down the length of the Commons and three walkways, one large in the center and two smaller walkways along the store fronts, and 17. WHEREAS, the Commons Client Committee has evaluated these three options based on how well they respond to concerns that have been raised regarding budget, utilities, safety, security, visibility, access/accessibility, surface conditions, vegetation/trees, comfort, retail mix, and construction phasing, and 18. WHEREAS, the Client Committee has determined that the minimal option which retains a center loaded layout will do little to respond to the concerns that have been raised by the public and the asymmetric option is an improvement, but creates a feeling of inequity from one side of the Commons to the other, and the Committee finds that the Option 3 Eclectic Streetscape option best responds to concerns which have been raised, including creating flexible public space which can be adapted differently to suit the space needs of each event, and 19. WHEREAS, the concept options for Bank Alley, included an Option 1, minimal option, Option 2 center loaded layout, which could accommodate community based amenities, and Option 3, which has an area for amenities loaded along one side and a large walkway along the other side, and 20. WHEREAS, the Client Committee has found that the Option 2 for Bank Alley is the most favorable, and 21. WHEREAS, at this time no specific design features have been determined, but the locations of the fire lanes and utilities, will need to be determined in order to proceed to the design phase, and 22. WHEREAS, it is the intent that the utilities will all be relocated so that in the future they will only be located beneath open walkways and not beneath amenities; now, therefore, be it RESOLVED, That the Common Council recognizes that the specific amenities for this conceptual layout have not yet been designed, however, the Council requests that the design that is prepared optimize energy efficiency, contain an adequate mix of both permanent and movable seating that is appropriate for this type of space, contain multiple flexible covered spaces that can be used for events. performances or civic gatherings, and contain a play structure/area(s), and be it further RESOLVED, That the Common Council accepts the recommendation of the Commons Client Committee and directs Sasaki Associates to work with the Commons Client Committee to develop a preliminary design based on the Option 3 Eclectic Streetscape concept for the State Street portion of the Commons and the Option 2 concept for the Bank Alley portion of the Commons and to provide additional opportunities for input from both the Council and the public. Back-Up Item 9.4 To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: December 11, 2009 RE: Commons Upgrade Selection Process and Recommendation The Common’s Upgrade and Repair Project was previously discussed at the December Common Council meeting. At that meeting there were several concerns raised regarding the process and the recommendation of the Common’s Client Committee. This memo is intended to address those concerns. Process The City entered into a contract with Sasaki Associates in May of 2009. The contract required Sasaki and their sub consultants, Clough Harbor & Associates, to assess the current conditions and future needs of the underground utilities, structures, surfaces, and amenities on the Commons. The consultants were then required to work together with the Common’s Client Committee to collect feedback from the public regarding the current and future needs of the Commons. This feedback was then assembled and processed by the Consultants and used to develop three concepts that could address many of the concerns that were raised. Concept 1, the Minimal Option, attempts to retain as much of the original design as possible. For this option, the water main located beneath the center of the Commons is abandoned and two smaller mains are constructed beneath the walkways that exist on either side. Option 2, the Asymmetric Option, places the amenities all on one side of the Commons and the pedestrian walkway on the other side, beneath which new utilities would be placed. Option 3, the Eclectic Streetscape Option, creates two rows of amenities down the length of the Commons and three walkways, one large walkway in the center and two smaller walkways along the store fronts. The new utilities would be placed under the center walkway. The Client Committee has spent the past two months considering these three options and evaluating how well they respond to concerns that have been raised regarding budget, utilities, safety, security, visibility, access/accessibility, surface conditions, vegetation/trees, comfort, retail mix, and constructions phasing. They have determined that the minimal option which retains a center loaded layout will do little to respond to the concerns that have been raised by the public and the construction of two water mains will likely drive the utility construction costs higher. The asymmetric option is an improvement to the current design, but the committee felt that it would create a sense of inequity with all of the walkways located on one side and all of the amenities on the other. The Committee determined that the Option 3 eclectic streetscape option best responds to concerns which have been raised. The layout for this option was inspired by both the current design, as well as by the morphology of the surrounding gorges. The Committee feels that this option will provide for substantial open and flexible space and will help to establish a sense of comfort, a sense of discovery and a special sense of place, and will provide the best opportunity for the Commons to speak to the unique character of Ithaca. One of the main goals of the redesign process will be that once the repairs are made, the utilities will be relocated so that in the future they will no longer be located beneath structures, but rather in the open walkway. The current layout of the utilities would require severe disturbance for any repairs because of the location of the major water main beneath the center of the Commons, directly below all of the planters, seating, pavilions, playground and many of the trees. In order to move forward with preliminary design the consultants will need a clear direction of the desired layout for the Commons. Once a layout has been approved, the Consultants will work with the Client Committee to begin discussing specific design elements for the Commons. There will be additional opportunity for the public and the Council to review the proposed design and make any necessary changes. The Consultant and the Committee continue to receive public feedback and use it to assist with the development of the design. Utilities Clough Harbor & Associates have evaluated the conditions of the utilities and have prepared a full report containing their recommendations. Enclosed please find an executive summary prepared by Tom West, which outlines the recommendations, the full report is also available. Option 3 Some concerns have been raised regarding the Committee’s recommendation. There were concerns that this layout would create a space that would not have adequate performance and gathering spaces. The Client Committee felt that this option would provide a greater flexibility with the space and would allow for more gathering space. The current design has many areas that very constricted during events or large gatherings on the Commons. Enclosed is a blowup of the proposed layout, which shows different ways that this space could be used on a regular day and during a special event. In addition, Sasaki Associates have prepared the enclosed memo to respond to some of the concerns that were raised. In response to all of the concerns that have been raised, staff and the Client Committee have revised the enclosed resolution to include language regarding elements that should be included in the design of the space. If you have any questions regarding any of this information, please feel free to contact me at 274-6550. 12. CITY ADMINISTRATION COMMITTEE: 12.1 Request to Amend 2010 Building Department Budget - Resolution WHEREAS, Common Council, in its 2010 budget, approved funds for enhancements to the Building Department’s software inspection program, and WHEREAS, the $21,000 placed in the City’s Restricted Contingency account for the Building Department is the amount that the Building Department requested in its 2010 Capital Project’s submission for the labor costs for specific enhancements to the software used for issuing Certificates of Compliance in conjunction with Housing Inspections, and WHEREAS, the contract for these enhancements with Data Momentum has been reviewed by the Mayor, Controller’s and Attorney’s Office, and WHEREAS, Data Momentum can begin work on the software enhancement contract for the Building Department in December 2009 by installing the developed enhancements over the next few months and thereby allow the Building Department’s software program to function with optimum efficiency, now, therefore, be it RESOLVED, That Common Council hereby transfer an amount not to exceed $8,000 from the 2010 Restricted Contingency’s account A1990, to the Building Department account A3620-5225, for the purpose of the continued development of a Building Department software program. 12.2 Approval of Tompkins County Animal Control Contract - Resolution WHEREAS, the city is required by State Law to provide dog control services to City residents, and WHEREAS, the new contract with the SPCA of Tompkins County will be established for a three year period beginning January 1, 2010 for a 2010 cost of $89,487; now, therefore be it RESOLVED, That Common Council hereby authorizes the Mayor, upon advise of the City Attorney, to enter into the attached contract with the SPCA of Tompkins County dba Tompkins County Animal Control at a 2010 cost not to exceed $89,487 to provide dog control services within the City for the period of January 1, 2010 through December 31, 2012, and be it further RESOLVED, That the funds necessary for said contract shall be derived from the existing 2010 budget established for dog control services. 12.3 Common Council – Support for Diverse City Working Environment - Resolution WHEREAS, certain alleged and disturbing events have come to the attention of members of Common council, and WHEREAS, these alleged events could be in violation of the CITY OF ITHACA DIVERSITY STATEMENT, a very critical policy in the City’s effort to create a better working environment for the entire City’s workforce, a policy which should govern City employees’ actions in the workplace, a policy which contributes to the City’s social fabric, and WHEREAS, it is the duty and desire of the Common Council of the city of Ithaca to uphold all City’s regulations, laws and policies, now, therefore, be it RESOLVED, That the letter entitled, TO ALL MEMBERS OF THE CITY OF ITHACA WORKFORCE be mailed to all recipients of said workforce. TO: ALL MEMBERS OF THE CITY OF ITHACA WORKFORCE The City of Ithaca has had a publicly stated commitment to diversity since December 2, 1998. With the changing demographics of our community and our need to recruit and retain the best workforce, this commitment is more critical than ever. Recently, Common Council has been made aware of a number of events and interactions that are inconsistent with our commitment to diversity, and are possibly in violation of the City of Ithaca’s Diversity Policy. We are including the City of Ithaca Diversity Statement below as a reminder that all staff are expected to adhere to this policy. The recognition, understanding, and indeed, celebration of all we are as a people with different ethnicities, nationalities, genders, gender identities, and abilities are what will ultimately make the City a better workplace for every employee and help the City be more responsive to our constituents. As the Policy states, "to strengthen the City's work environment, our government, and our ability to serve our constituents," we, the members of Common Council and the Mayor, expect that in every way possible the City's Diversity Statement will guide your thinking and action in the workplace. Sincerely, Maria Coles Jennifer Dotson Eric Rosario J.R. Clairborne Joel Zumoff Mary Tomlan Nancy Schuler Svante Myrick Dan Cogan Deb Mohlenhoff --------------------------------- City of Ithaca Diversity Statement December 2, 1998 The City of Ithaca is committed to a work environment and community governance that values and supports diversity and inclusion. Collectively we will strive to learn about diversity; educate City employees, members of boards and committees and other volunteers; and promote acceptance of the differences of others within our workforce and our community. Our goal is to strengthen the City’s work environment, our government, and our ability to serve our constituents. In order to accomplish these goals, we will: --Actively seek employees and volunteers with diverse backgrounds. --Develop and maintain a work environment that supports and nurtures every individual throughout his or her tenure with the City. --Continue to develop laws, policies and procedures governing our workforce and the City of Ithaca that are mindful and inclusive of our diverse community. 14. NEW BUSINESS: 14.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili Cook-Off on the Commons – Resolution RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider at booths during the Winter Festival/Chili Cook-Off, February 20, 2010 on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of bottled wine and bottled hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance to the City Clerk. 16. MAYOR’S APPOINTMENTS: 16.1 Appointment of City Historian - Resolution RESOLVED, That Mary White be appointed as City Historian for the City of Ithaca effective January 1, 2010 with an indefinite term. 16.2 Resolution to Appoint City Representatives to the Tompkins County Council of Governments (TCCOG) WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local government officials; and WHEREAS, the Tompkins County Counsel of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council of Governments; now, therefore, be it RESOLVED, That Mayor Carolyn K. Peterson is hereby approved as the voting member for the City of Ithaca of the Tompkins County Council of Governments; and be it further RESOLVED, That Maria Coles is appointed as the alternate voting member.