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HomeMy WebLinkAbout04-06-11 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, April 6, 2011, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 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 Planning and Development - Approval of Application for a Preserve New York Grant - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Information Technology - Amendment to Personnel Roster for Position Reclassification in Conjunction with the 2011 Budget - Resolution 9.2 Chamberlain’s Office - Refund of Tax Bill Penalties - Resolution 9.3 Chamberlain’s Office - Acceptance of Credit Card Payments - Resolution 9.4 Attorney’s Office - An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement”, Section 146-50 “Penalties for Offenses” 9.5 Attorney’s Office - An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code entitled “Housing Standards”, Section 210-86 “Penalties for Offenses” 9.6 Attorney’s Office - Authorization to Purchase a Parcel of Land for Addition to the Six Mile Creek Natural Area - Resolution 9.7 Attorney’s Office - Use of City Parkland (Boat Slips at Cass Park) – Resolution 9.8 City Controller’s Report 2 Common Council Agenda April 6, 2011 10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Collegetown Area Form Districts – Declaration of Lead Agency- Resolution 10.2 Collegetown Overlay Zone Height Incentive Districts – Declaration of Lead Agency – Resolution 10.3 Collegetown Parking Overlay Zone – Declaration of Lead Agency – Resolution 10.4 Collegetown Design Review – Declaration of Lead Agency – Resolution 10.5 2011 Action Plan – HUD Entitlement Program – Resolution 10.6 Endorsement of the Downtown Ithaca 2020 Strategic Plan – Resolution 10.7 Support for the Downtown Ithaca Alliance's Funding Application to the 2011 New York Main Street Program - Resolution 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 12.1 Simeon’s Alcohol Permit Request - Resolution 12.2 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution 12.3 Sahara Restaurant Alcohol Permit Request - Resolution 12.4 Blue Stone Bar & Grill Alcohol Permit Request - Resolution 12.5 Mahogany Grill Alcohol Permit Request - Resolution 12.6 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution 12.7 Taste of Thai Alcohol Permit Request - Resolution 12.8 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 23, 2011 – Resolution 12.9 Ithaca Ale House Alcohol Permit Request - Resolution 12.10 Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 3 Common Council Agenda April 6, 2011 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the January 31, 2011 Special Common Council Meeting Minutes – Resolution 18.2 Approval of the March 2, 2011 Common Council Meeting Minutes - Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: April 1, 2011 4 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Planning and Development - Approval of Application for a Preserve New York Grant - Resolution WHEREAS, the area informally known as the “Henry Saint John survey area” contains an important collection of architecturally significant properties reflecting many aspects of the city’s historical development from early rural village life, to the 19th century emergence of industrialism, to municipal incorporation in 1888 and on into the first decades of the 20th century, and WHEREAS, the Department of Planning & Development proposes to re- apply to the Preserve New York grant program of the Preservation League of New York State for funds to engage a consultant for survey and documentation pursuant to the preparation of New York State and National Register nominations of the “Henry Saint John survey area”, which information could also serve as the basis for designation of a local historic district, and WHEREAS, the Henry St. John survey area is within a qualifying federal census tract and residents would be eligible under new legislation entitled the New York State Historic Residential Properties Tax Credit Program for a tax credit of 20% of rehabilitation costs for investment in properties listed on the New York State and National registers, and WHEREAS, the estimated project cost is $10,924 and, to be competitive for a Preserve New York grant, the City’s application should include a local match which in this case would include in-kind services and a cash contribution of $3,000, and WHEREAS, the $3,000 cash match authorized and allocated for the 2010 grant application remains available through the contingency account; now therefore, be it RESOLVED, That Common Council hereby recommends authorization of the application for a Preserve New York grant with a cash match not to exceed $3,000 should the City be the recipient of a grant award from the Preserve New York grant program. 5 9. CITY ADMINISTRATION COMMITTEE: 9.1 Information Technology - Amendment to Personnel Roster for Position Reclassification in Conjunction with the 2011 Budget - Resolution WHEREAS, Common Council approved the creation of the Public Information Division in the City Clerk’s Office as part of the 2011 budget process with the recognition that such a position will require the services of specialized technical support including, but not limited to the development of web, television and video streaming resources, and WHEREAS, the demand for the use of web, television and video streaming resources both for public information and for internal communications is growing and will continue to do so for the foreseeable future, and WHEREAS, the Information Technology Department currently has on staff someone professionally trained to provide the necessary support for the aforementioned resources and Public Information Division; now, therefore, be it RESOLVED, That effective April 11, 2011 the Personnel Roster of the Information Technology Department be amended as follows: Delete: (1) Senior Network Integration Specialist – 40 hours Add: (1) Manager of Electronic Communications and Customer Services - 40 hours and, be it further RESOLVED, That the position of Manager of Electronic Communications and Customer Services be assigned to the City Executive Association at Grade B of the compensation plan, and be it further RESOLVED, That Common Council hereby establishes an eight (8) hour standard workday for the position of Manager of Electronic Communications and Customer Services for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, and be it further RESOLVED, That funding for the reclassification will be derived from the Information Technology Department’s 2011 budget. 6 9.2 Chamberlain’s Office - Refund of Tax Bill Penalties - Resolution WHEREAS, in order to produce the City of Ithaca’s real-estate tax bills the City relies on billing information from the Tompkins County Assessment Department, and WHEREAS, the tax billing information from Tompkins County includes a designation of a “bank code” on those properties with mortgage escrow accounts so that those bills can be sent to the appropriate bank or realty tax service, in accordance with New York State Real Property Tax Law, and WHEREAS, in addition, the City Chamberlain uses information received on lists and electronic files provided by various banks and realty tax services to confirm the accuracy of the information and to update the City’s records, and WHEREAS, the City Chamberlain received a list of additions and deletions from CoreLogic Realty Tax Service in December, 2010 that was used to update records for the 2011 tax billing cycle as part of this process, and WHEREAS, it has been determined that at least thirty property owners did not receive tax bills because the bill for the property was erroneously coded to be sent to CoreLogic, and CoreLogic did not notify the City that the tax payments were no longer its responsibility, and WHEREAS, those property owners have been directed to pay the taxes due with penalty, and WHEREAS, the failure to receive a tax bill was clearly not caused by any action or inaction on the part of the property owner, now, therefore, be it RESOLVED, That the City Chamberlain is authorized to refund penalties paid on taxes by the owners of properties affected by the failure to remove the bank code directing the bills to CoreLogic, as long as the taxes were paid before March 31, 2011 7 9.3 Chamberlain’s Office - Acceptance of Credit Card Payments - Resolution WHEREAS, the City of Ithaca acknowledges that the use of debit and credit cards has become the method of choice for the payment of bills and services, and WHEREAS, acknowledging the convenience of credit cards, debit cards and other electronic forms of payments the City would like to offer this option of payment to City residents, and WHEREAS, the Ithaca Youth Bureau, the Newman Golf Course, Cass Park and the City parking garages currently accept credit and debit cards for the payment of fees and charges, and WHEREAS, the City Chamberlain’s office recently accepted proposals for credit card processing for payment of taxes, water and sewer bills, and other miscellaneous bills and fees, and WHEREAS, Govolution, LLC has been chosen as the preferred vendor and is prepared to begin processing credit card payments accepted by the City Chamberlain’s office for the City of Ithaca, now therefore be it RESOLVED, That the City Chamberlain, Director of the Youth Bureau, Superintendent of Public Works and their designees are authorized to accept other electronic forms of payment for fines, taxes, rent, fees, charges and other revenues.. 8 9.4 Attorney’s Office - An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled “Building Code Enforcement”, Section 146-50 “Penalties for Offenses” Ordinance #2011 - ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 146-50 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 146-50 Penalties for Offenses. In accordance with §383 of Article 18 of the Executive Law of the State of New York: A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or ordinance as well as any regulation or rule promulgated by the Building Commissioner in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Building Commissioner or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department. B. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day’s continued violation constitutes a separate offense unless otherwise provided herein. Each offense shall be punishable by a fine of not less than $100 nor more than $250, unless otherwise provided herein. [B] C. Any person who shall fail to comply with a written order of the Building Commissioner within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or any property who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Commissioner made thereunder shall be punishable by fine of not less than $250 nor more than $500. Each day that a violation continues shall be deemed a separate offense. 9 [C] D. Except as provided otherwise by law, such violation shall not be a crime, and the penalty or punishment imposed therefore shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such offense. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This ordinance shall take effect upon publication of notices as provided for in the Ithaca City Charter. 10 9.5 Attorney’s Office - An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code entitled “Housing Standards”, Section 210-86 “Penalties for Offenses” Ordinance #2011 - ___ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 210-86 of the City of Ithaca Municipal Code is hereby amended to read as follows: § 210-86 Penalties for offenses. A. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day’s continued violation constitutes a separate offense unless otherwise provided herein. Each offense shall be punishable by a fine not less than $100 nor more than $250 unless otherwise provided herein. B. Every person who shall fail to comply with a violation order issued by the Building Commissioner within the time limit stated shall be guilty of an offense and, upon conviction, shall be punished as provided in Chapter 1, General Provisions, Article 1, Penalties 146, Article VII, § 146-50. Each day that a violation continues shall be a separate offense. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This ordinance shall take effect upon publication of notices as provided for in the Ithaca City Charter. 11 9.6 Attorney’s Office - Authorization to Purchase a Parcel of Land for Addition to the Six Mile Creek Natural Area - Resolution WHEREAS, for at least 20 years, the City of Ithaca has maintained a capital project account (No. 292) intended to support the acquisition of lands to expand and buffer the City’s Six Mile Creek Natural Area (SMCNA), and WHEREAS, this account now contains approximately $100,000, and WHEREAS, last year, the City became aware of the availability of a parcel of vacant land off Slaterville Road (Town of Ithaca tax map parcel no. 58-1-14.22), consisting of 8.33 acres and bordered on two sides by the SMCNA, and WHEREAS, the property includes open fields and some wooded portions, and access from Slaterville Road (in two locations), and WHEREAS, the property is zoned to allow residential development, and its back acreage could be accessed for this purpose by way of a future extension of the Penny Lane roadway in the Commonland project, which type of development would be likely to have negative impacts on the recreational and environmental value of the SMCNA, and WHEREAS, appraisals of the property by the City and by the current owner (the Ithaca Monthly Meeting of Religious Society of Friends) estimate its fair market value to be between $79,000 and $105,000 (respectively), and WHEREAS, counsel for the City and for the owner have reached informal agreement on a sale/purchase price of $95,000, contingent upon approval of the purchase by the Common Council, and WHEREAS, discussions with a representative of the New York State Department of Parks, Recreation and Historic Preservation have indicated that it may be possible to secure reimbursement from the State for up to 50% of the cost of such acquisition, and WHEREAS, the State has also indicated that it may be possible for part or all of the property to serve as “substitute parkland” for land on Inlet Island which the City sought to alienate in the 1990s, using land to be acquired in the vicinity of Ithaca Falls as substitute parkland (and which alienation lacks final State approval, due to the possibility of unremediated contamination on a portion of the Ithaca Falls lands, thus potentially blocking development of City land on Inlet Island until the issue is resolved); now therefore be it RESOLVED, That Common Council approves the acquisition of the above-described parcel, for addition to the Six Mile Creek Natural Area, for a purchase price not to exceed $95,000, with the understanding that a portion of the street frontage (only) of the parcel may be sold by the City in the future, in order to supplement Capital Project Account No. 292 (Land Acquisition); and be it further 12 RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is authorized to execute a purchase/sale agreement for the acquisition of said parcel, upon such conditions, together with any and all other documents required to complete the transaction; and be it further RESOLVED, That the monies for said purchase, including closing costs, shall be drawn from Capital Project Account No. 292, and any reimbursement from New York State for said purchase shall be placed in said account. 13 9.7 Attorney’s Office - Use of City Parkland (Boat Slips at Cass Park) – Resolution WHEREAS, in 2010, the City of Ithaca installed two fixed docks extending from Cass Park into a shallow cove of the Cayuga Inlet, to serve human powered craft, and WHEREAS, the new docks supplemented an existing, floating dock at the same location, intended for the same purpose, and WHEREAS, the City subsequently received a request from the Ithaca Asian American Association’s Dragon Boat Club to use both faces of one of the new docks to store two, long “dragon boats” which the Club owns and operates for the use of its members and, on occasion, other members of the public, and to maintain a shed it provided (approximately 10 feet by 12 feet) for boating supplies, on Cass Park land adjacent to the dock, and WHEREAS, according to Chapter 170 of the City Code, the exclusive (or semi- exclusive), non-transient use of City parkland must be authorized by the Common Council, and WHEREAS, on May 5, 2010, the Common Council authorized the issuance of a revocable license, to the IAAA/Dragon Boat Club, for reserved use of one dock (i.e., two long slips) and the shed site, for the 2010 boating season, provided that such use for the dragon boats did not prevent other members of the public from walking on or fishing from the dock, except during the launching or return of a dragon boat, and WHEREAS, at that time, the City had not established a fair-market rental fee for such use of its property (wherever located), and the Common Council decided essentially to waive any fee for the IAAA’s initial (2010) use of the docks and space for its shed, and WHEREAS, since then, an independent appraiser retained by the City has completed its report, and recommended a seasonal use fee of $350 per slip for docks associated with City-owned land (which are made available to the general public at commercial rates, by the licensees), which rate was adopted by the Board as part of its 2011-12 schedule of fees for use of City real property, and WHEREAS, taking an alternate approach to value calculation, staff has estimated the annual capital cost for the new docks as follows: Construction Cost: $70,000 Useful Life: 20 years Salvage at 20 years: $20,000 (pile foundation) Capital Maintenance: $5,000 @ years 8 & 16 Cost of 2 docks (capital only): $70,000 -$20,000 +2 @ $5,000 = $60,000 ($3000/yr) Cost per dock face: $3,000/4 = $750/year; and 14 WHEREAS, when it approved this use for 2010, the Council also requested evaluation of the demand for use of the Cass Park docks, by the general public, “so as to determine whether reserved use of one dock [for the dragon boats] substantially interfered with the level of use and availability desired by other members of the public,” and WHEREAS, regular observation of the docks throughout the 2010 boating season (during the Monday-Friday work week), by a member of the City Youth Bureau staff, indicated relatively light use of the non-reserved docks, with no indication that access by the general public was hampered by having one dock reserved for dragon boats, and WHEREAS, the Dragon Boat Club has requested similar permission to use one of the Cass Park docks (and associated shed site) for the 2011 boating season, and WHEREAS, it is possible that other, similar users (e.g., groups or associations that own larger, human-powered craft that members of the public may regularly use or enjoy through a membership or other such arrangement) may have an interest in storing their craft at the Cass Park docks, and WHEREAS, parkland is held in trust for the public and must be treated in a manner that is consistent with that doctrine, i.e., for recreational purposes and such that the general public is not deprived of its benefit and that any semi-exclusive, recreational use is made available to similarly-situated, potential users on an equal basis, and WHEREAS, on March 9, 2011, the Board of Public Works recommended that Common Council, through a lottery system, make one of the new docks at Cass Park (and associated storage shed site) available for storage of one or more long, multi- passenger, human-powered craft (such as dragon boats or outrigger canoes), for a fee of $400/dock face, provided such craft are owned and operated by a non-profit group that makes them readily and reasonably available for use by members of the public; now therefore be it RESOLVED, That the Common Council make one of the new docks at Cass Park (i.e., two dock faces), and space for an associated storage shed, available for seasonal licensing, through a lottery system to be implemented by the Superintendent of Public Works, starting with the 2011 season, on the following terms (together with other, standard license requirements, for insurance, indemnification, etc): 1. Period of license: May 1-October 31 (with each season subject to new lottery); 2. License application fee: $50 (due after lottery drawing); 3. Annual use fee: $400 per dock face for 2011 (a rate between the appraiser’s figure and staff’s estimated, annual, capital cost), to be increased in subsequent years by any increase in consumer price index (rate includes the right to maintain a shed with a footprint no greater than 120 square feet, on land adjacent to the dock, for storage of materials associated with use of the boats); 15 4. Use must be for long, multi-passenger, human-powered boat(s), owned and operated by a non-profit group that makes its craft available for regular use and enjoyment by members of the general public, without discrimination, and at a rate (or per a fee structure) that is not economically exclusionary; 5. License to provide exclusive right to tie up to dock face(s) in question, but not exclusive use of dock surface (except when boat is being launched or docked); and 6. If first-drawn lottery participant wants only one dock face, then additional names shall be drawn, and, in order, shall be offered the other dock face (and a separate shed site); if first-drawn participant wants both dock faces, only one shed site shall be offered; and be it further RESOLVED, That the Mayor, upon the advice of the Superintendent and the City Attorney, be and hereby is authorized to execute a revocable license agreement (or agreements, as the case may be) for such use. 16 10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Collegetown Area Form Districts – Declaration of Lead Agency- Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is a “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 adoption of an ordinance to amend the City of Ithaca Municipal Zoning Code to establish the Collegetown Area Form Districts and to rezone portions of the R1b, R-2a, R-2b, R-3a, R-3b, B-2b, and U-1 districts to Traditional Residential (TR), Village Residential (VR), and Mixed Use (MU). 17 10.2 Collegetown Overlay Zone Height Incentive Districts – Declaration of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is a “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 adoption of an ordinance to amend the City of Ithaca Municipal Zoning Code to establish the Collegetown Overlay Zone Height Incentive District (COZ-HI) and to zone portions of the proposed Mixed Use District to be included in the COZ-HI District. 18 10.3 Collegetown Parking Overlay Zone – Declaration of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the City of Ithaca Municipal Zoning Code to amend the Collegetown Parking Overlay Zone (CPOZ). 19 10.4 Collegetown Design Review – Declaration of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the “City of Ithaca Design Review Ordinance” 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 City of Ithaca Municipal Code to add Chapter 160, entitled “Design Review.” 20 10.5 2011 Action Plan – HUD Entitlement Program - 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 City submits an Action Plan each year to HUD to access the Entitlement Program funding allocated to the City, and WHEREAS, the 2011 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2011 HUD Entitlement allocation, and WHEREAS, the adopted 2011 Action Plan was developed using the allocation level of the 2010 Entitlement Program, due to the fact that the 2011 figures are not yet available, and the award of 2010 was: $890,297 CDBG $574,472 HOME $1,464,769 Total, and WHEREAS, $134,000 in program income is projected to be received from loan repayments in program year 2011, which funding is also allocated as part of the 2011 Action Plan, and WHEREAS, additional funds are available to be allocated through the 2011 Action Plan as follows: $145,300 from 2010 CDBG $86,334.60 from 2009 CHDO set aside funds $38,425.00 from 2009 non-CHDO HOME funds, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2011 Action Plan in accordance with the Citizen Participation Plan, now, therefore be it RESOLVED, That the Common Council hereby adopts the attached table titled the ‘IURA Adopted Action Plan’ – dated March 1, 2011, allocating the projected 2011 HUD Entitlement award along with the additional funds available, as listed above, and be it further, 21 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 Rental Security Deposit Program shall be adjusted accordingly, and be it further, RESOLVED, That in the event that the actual CDBG award differs from the projected amount, then funding shall be adjusted on a pro-rata basis among the Work Preserve Job Training Program, the Immigrant Services Program, and the 2-1-1 Call Center to comply with the public services cap, with the remainder being allocated to, or from, GIAC (2011 #9), 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 & 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 of Ithaca hereby 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 2011 Action Plan. 22 10.6 Endorsement of the Downtown Ithaca 2020 Strategic Plan - Resolution WHEREAS, the Downtown Ithaca Alliance (DIA) had previously prepared and adopted a Ten Year Downtown Strategy: 2000-2010 that has helped to guide downtown revitalization over the past decade; and WHEREAS, the City of Ithaca Common Council voted to strongly endorse the Downtown Strategy: 2000-2010; and WHEREAS, significant change has occurred in downtown since the preparation of the 2000-2010 Plan, including investment in excess of $100,000,000; and WHEREAS, significant change has occurred in the broader community since the preparation of the 2000-2010 Plan, including the growth of big box retail along Route 13 in both Ithaca and Lansing; and WHEREAS, there is a need to prepare a new strategic plan to guide downtown revitalization for the 2010–2020 decade; and WHEREAS, the DIA has spent the past several years obtaining community input on downtown issues, opportunities, and vision, meeting with stakeholder groups, neighborhood organizations, and the general public; and WHEREAS, the DIA has sought out and compiled community input and feedback and prepared a draft 2020 Strategic Plan that was then made available for public comment and critique; and WHEREAS, the Board of Directors of the DIA has reviewed the draft 2020 Strategic Plan, made editorial revisions and additions, and officially adopted the Downtown Ithaca 2020 Strategic Plan at its January 17, 2011 meeting; and WHEREAS, the City of Ithaca Common Council recognizes the need for a long term strategic plan to help guide both public policy decisions and public and private investment decisions pertaining to downtown; and WHEREAS, the Downtown Ithaca 2020 Strategic Plan provides a comprehensive vision for the future of downtown and lays out goals, objectives and action tasks needed to achieve this vision; now therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby strongly endorse the Downtown Ithaca 2020 Strategic Plan prepared by the Downtown Ithaca Alliance, dated December 2010. 23 10.7 Support for the Downtown Ithaca Alliance's Funding Application to the 2011 New York Main Street Program - Resolution WHEREAS, downtown Ithaca is an important and significant part of the Ithaca community; and WHEREAS, downtown Ithaca, like downtowns across the state and country, faces obstacles and challenges to revitalize, grow, and develop from suburban sprawl, funding constraints, and shifting markets; and WHEREAS, housing and commercial/retail development are integral and prominent ingredients in any successful downtown; and WHEREAS, Ithaca has been working to add both new housing units and additional retail to its downtown core; and WHEREAS, the creation of affordable housing remains a challenge in Ithaca marketplace and particularly in downtown Ithaca, and requires public subsidies such as those provided by the Main Street program; and WHEREAS, there is a chronic need for affordable housing at all levels in Ithaca, including the 90% of median level required by the Main Street Program, as evidenced by a recent HUD report on housing needs in Tompkins County and earlier market studies prepared for the City of Ithaca and the Downtown Ithaca Alliance by the Danter Company; and WHEREAS, downtown Ithaca has a wonderful and diverse collection of historic properties, some that remain at risk of deterioration due of lack of investment; and WHEREAS, downtown revitalization in Ithaca is spearheaded by the Downtown Ithaca Alliance, a 501(c)3 tax exempt non-for-profit organization and Business Improvement District; and WHEREAS, the Downtown Ithaca Alliance has successfully won and managed two former Main Street grants, that included anchor grants, façade improvements, and streetscape improvements; and WHEREAS, the receipt of a New York Main Street Grant would provide demonstrable improvements to the downtown, creating badly needed affordable housing units, renovating key historic properties, enhance the commercial business inventory of downtown and improving the visual appearance of downtown; now, therefore be it RESOLVED, That the City of Ithaca Common Council does hereby endorse and support the 2011 funding application of the Downtown Ithaca Alliance to the New York Main Street Program. 24 12. NEW BUSINESS: 12.1 Simeon’s Alcohol Permit Request - Resolution WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca Commons for outdoor dining, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Ithaca Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant that includes the sale of alcohol in accordance with the terms and conditions set forth in the application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 25 12.2 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution WHEREAS, the Sushi O Sake Japanese 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 Sushi O Sake Japanese 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi O Sake Japanese 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. 26 12.3 Sahara Restaurant Alcohol Permit Request - Resolution 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 2011, 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. 27 12.4 Blue Stone Bar & Grill Alcohol Permit Request - Resolution WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar & Grill 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 Blue Stone Bar & Grill, 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar & Grill 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. 28 12.5 Mahogany Grill Alcohol Permit Request - Resolution 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 2011, 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. 29 12.6 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution 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 2011, 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. 30 12.7 Taste of Thai Alcohol Permit Request - Resolution WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to utilize certain areas along the Primary Commons 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 Taste of Thai 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai 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. 31 12.8 Request of Downtown Ithaca Alliance to Permit Wine Tasting and Sale of Bottled Wine During the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 23, 2011 – Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine tasting and sales as part of the Cornell University Big Red Marching Band and Cornell University Dairy Store Wine and Cheese Tasting Event taking place on the Ithaca Commons on April 23, 2011; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine tasting and sale of bottled wine during the above event on the Ithaca Commons on April 23, 2011 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 wine on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating wineries shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. 32 12.9 Ithaca Ale House Alcohol Permit Request - Resolution WHEREAS, the Ithaca Ale House 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 Ithaca Ale House, 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 2011, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House 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. 33 12.10 Common Council’s Appointment to the Local Advisory Board of Assessment Review – Resolution RESOLVED, That Scott Reynolds and David Kramer be appointed to the Local Advisory Board of Assessment Review, with Dr. Stephen Brackin appointed as an alternate to the Board, if needed.