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HomeMy WebLinkAbout06-01-11 Common Council Meeting Agenda-webOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, June 1, 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. PROCLAMATIONSIAWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Proposal to Amend Chapter 325 of the Municipal Zoning Code of the City of Ithaca in Order to Establish the Collegetown Area Form Districts and Rezone Portions of the Existing R -1b, R -2a, R -3a, R -3b, B -2b, and U -1 Zoning Districts to the Newly Established Traditional Residential (TR), Village Residential (VR), and Mixed Use (MU) districts 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 Youth Bureau — Request to Amend 2011 Department Budget - Resolution 8.2 Chamberlain's Office Correction to Tax Roll - Resolution 8.3 Finance /Controller's Office - Request to Amend 2011 Budget for Various Reimbursements - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Attorney's Office - Allocation of Additional Monies for Special Counsel (re: Christopher Miller) - Resolution 9.2 Attorney's Office - Allocation of Additional Monies for 2011 Fair Market Rental Value Report - Resolution 9.3 Attorney's Office - Authorization of Quit Claim Deeds for Woodcock Street and Valentine Place Extension - Resolution 9.4 Attorney's Office - Authorization of Revocable License to Use City Parkland for Congo Square Market — Resolution 9.5 Human Resources - A Local Law to Amend Sections of the City of Ithaca Charter regarding the Appointment of City Officers — Resolution Common Council Agenda June 1, 2011 Page 2 9. CITY ADMINISTRATION COMMITTEE (Continued): 9.6 Human Resources - A Local Law to Amend Section C -19 of the City of Ithaca Charter Regarding Financial Officers - Resolution 9.7 Human Resources - A Local Law to Amend Section C -22 of the City of Ithaca Charter Regarding the Authorities and Responsibilities of Department Head and Deputy Positions - Resolution 9.8 City Controller's Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled 'Zoning" to Establish the Collegetown Area Form Districts and Rezoning of Portions of the R -1 b, 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) 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 12.1 KilpatricksRestaurant - AlcoholPermitRequest — Resolution 12.2 Finger Lakes Wine Center - Alcohol Permit Request — Resolution 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 13.1 Mayor Peterson - Designation of Marriage Officer — Resolution 13.2 Alderperson Rosario — Request That Governor Cuomo Rescind "Secure Communities" Agreement - Resolution 14. MAYOR'S APPOINTMENTS: 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 2, 2011 Special Common Council Meeting Minutes — Resolution 18.2 Approval of the May 4, 2011 Regular Common Council Meeting Minutes — Resolution Common Council Agenda June 1, 2011 Page 3 18. MINUTES FROM PREVIOUS MEETINGS (Continued): 18.3 Approval of the May 12, 2011 Special 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. 1 Julie Conley Holcornb, CMC City Clerk Date: May 27, 2011 8. CONSENT AGENDA ITEMS: 8.1 Youth Bureau — Request to Amend 2011 Department Buduet - Resolutic WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and they are estimating they will be receiving $76,425.50 in new funding to develop a Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for 55 low- income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2011 Youth Bureau as follows: Increase Revenue Account: A7310 -4820 -1202 Youth Employment Service $69,920.50 A7310 -4820 -1400 Administration $6.505.00 Total $76,425.50 Increase expenses: A 7310 - 5120 -1202 Part time /Seasonal $57,366.70 A 7310 - 5125 -1202 Overtime $750.00 A 7310 -5425 -1202 Office Supplies $868.10 A 7310 -5440 -1202 Staff Development $250.00 A 7310 -5445 -1202 Travel & Mileage $500.00 A 7310 -5460 -1202 Program Supplies $2,500.00 A7310- 5120 -1400 Part time /Seasonal $1,500.00 A 7310- 5437 -1400 Credit Card Fees $1,000.00 A 7310 -5420 -1400 Gas & Oil $1,000.00 A 7310 - 5415 -1401 Clothing $112.50 A7310 -5475 -1401 Property Maintenance $1,337.50 A 7310 -5480 -1401 Building Maintenance $1,300.00 A 7310 -9030 FICA/Medicare $4,445.95 A 7310 -9040 Workers' Comp. $3.494.75 Total $76,425.50 8.2 Chamberlain's Office Correction to Tax Roll - Resolution WHEREAS, the 2011 City Tax Roil included a Business Improvement District (BID) assessment in the amount of $17,682.00 on tax map number 70.4-5.2, 120 East Green Street, and WHEREAS, 120 East Green Street is a wholly exempt property owned by the City of Ithaca, and WHEREAS, the Tompkins County Assessment Department has determined that the BID assessment was levied against the property in error; now therefore, be it RESOLVED, That the Common Council accepts and approves the recommendation of the Tompkins County Assessment Department to expunge the BID assessment, and be it further RESOLVED, That the City Chamberlain is authorized to correct the 2011 City Tax Roll in accordance with the recommendation. 8.3 Finance /Controller's Office -Request to Amend 2011 Budoet for Various Reimbursements - Resolution WHEREAS, during 2011 City of Ithaca departments have received various reimbursements, donations, and sold various scrap metal that were unanticipated and need to be accounted for, and WHEREAS, the reimbursements total $4,872.77 as follows: Sale of Equipment/Scrap $2,758.72 Refund of Training /Parts 1,379.05 Tree Donations 735.00 now, therefore be it RESOLVED, That Common Council hereby amends the 2011 Authorized Budget as follows to account for said receipt and expenditures of funds: Increase Revenue Account At 320 -2701 IT Refund Prior Year Expense $1215.00 A3120 -2665 Police Sale of Equipment 2209.50 A5132 -2665 Garage Sale of Equipment 549.22 A5132 -2701 Garage Refund Prior Year Expense 164.05 A7111 -2705 Parks Gifts and Donations 735.00 $4,872.77 Increase Appropriation Accounts: A1320 -5440 IT Staff Development $1215.00 A3120 -5475 -5017 Police Property Maintenance 2209.50 A5132 -5481 Garage Small Tools 713.27 A5132 -5485 Parks Trees 735.00 $4,872.77 9. CITY ADMINISTRATION COMMITTEE: 9.1 Attorney's Office - Allocation of Additional Monies for Special Counsel (re: Christopher Miller) - Resolution WHEREAS, in 2010, a lawsuit seeking damages was commenced in federal court against the City of Ithaca and several City employees (and others), by Christopher Miller (an employee of the Ithaca Police Department); and WHEREAS, the City's insurance carrier subsequently declined to provide a defense to the City, or coverage of any award, on the grounds that the City had not provided notice of earlier, administrative complaints by Mr. Miller (all of which were defended by City staff, and ultimately dismissed on the merits or at the request of Mr. Miller); and WHEREAS, as a result of its insurance carrier's action, the City retained special counsel (Shea, Stokes, Roberts & Wagner) to defend the City and its employees, in that litigation; and WHEREAS, said special counsel has also represented the City in a subsequent, related employment arbitration case initiated against the City by Mr. Miller; and WHEREAS, the cost of such defense, and representation in the arbitration matter (both of which are ongoing), through March 31, 2011, is approximately $242,200; and WHEREAS, previous allocations by the Common Council, for these matters, are insufficient to cover current charges (beyond February 2011); now therefore be it RESOLVED, That an amount not to exceed $46,500 be and hereby is allocated, from Account 1990 (Unrestricted Contingency), with transfer to account A1420 -5435 Attorney's Office Contracts for payment of the fees of special counsel retained to defend the City in the afore - mentioned actions brought by Christopher Miller. 9.2 Attorney's Office - Allocation of Additional Monies for 2011 Fair Market Rentaf Value Report - Resolution WHEREAS, in May 2009, Common Council amended Chapter 170 of the City of Ithaca Municipal Code (now entitled "Use of City Real Property "), so as to require that, commencing in 2010, City-owned real property licensed for use by others should be offered at not less than fair market rental value, which value is to be determined (and periodically updated) through a professional appraisal process; and WHEREAS, the City solicited proposals for performing this professional service, and selected Pomeroy Appraisal Associates ( "Pomeroy "); and WHEREAS, Pomeroy had submitted a proposal with a base fee of $21,500, for establishing fair market rental values for certain categories of City-owned properties, as described by the City, with additional appraisals of "unique" properties (not in an established category) to cost between $500 and $1,500 apiece, and with an additional cost of $90 to $175 per hour for a Pomeroy representative to meet with City representatives in Ithaca; and WHEREAS, on November 4, 2009, Common Council allocated $25,000 from Unrestricted Contingency (Account At 990) for the purpose of paying for the estimated total cost of "the initial round of appraisals" to be performed by Pomeroy; and WHEREAS, the work of completing this appraisal process required more time than had been anticipated (by the City or Pomeroy), involved a number of changes in the categorization of properties and the appraisal of at least one unique property, and required several visits to Ithaca by Pomeroy staff; and WHEREAS, as a result of these changes and additional assignments, the total billing by Pomeroy for its work is $33,000, representing $8,000 more than what the Council has allocated; and WHEREAS, a description and explanation of the additional work performed by Pomeroy is included in a letter from the company to the City Attorney, dated May 9, 2011, and is mentioned in the Fair Market Rental Value report provided by Pomeroy in January 2011; now therefore be it RESOLVED, That the Common Council authorize and direct the allocation of an additional amount, not to exceed $8,000, from Account At 990 (Unrestricted Contingency), with transfer to account At 420-5430 Attorney's Office Fees for the payment of the balance of monies owed to Pomeroy Appraisal Associates. 9.3 Attorney's Office - Authorization of Quit Claim Deeds for Woodcock Street and Valentine Place Extension - Resolution WHEREAS, various City maps and other historical documents show or describe certain short, dead -end streets referred to as "Valentine Place Extension" and "Woodcock Street," located to the south of East State /Martin Luther King, Jr., Street, in the City of Ithaca; and WHEREAS, certain components of a development project proposed for a 16.4 -acre site on East Hill, known as "Collegetown Terrace," would occupy parts of what are known as Valentine Place Extension and Woodcock Street; and WHEREAS, in late 2009 and in 2010 the developer of the Collegetown Terrace project (John Novarr, through certain legal entities under his control), who owns most of the site, commenced "quiet title" proceedings in the New York Supreme Court, for Tompkins County, seeking exclusive title to Valentine Place Extension and Woodcock Street, respectively, based on the doctrine of adverse possession; and WHEREAS, said proceedings named as defendants certain persons who were former owners or mortgagees of real property in the vicinity of Valentine Place and Woodcock Street or who may have had an interest in the streets themselves, but did not name the City of Ithaca, nor was the City directly notified of these proceedings; and WHEREAS, the Court awarded judgment (i.e., "sole and complete possession ") in both actions to Mr. Novarr, essentially by default, as a result of the non - appearance of any of the named defendants; and WHEREAS, thereafter, Mayor Peterson sought an independent legal opinion as to the history and current status of Valentine Place Extension and Woodcock Street, to determine whether either of them was or is a City street, whether the City owned either of them, and /or whether the public retains any rights in them, of which effort the Common Council was duly apprised; and WHEREAS, title research conducted by the City's special counsel (David A. Tyler, Esq.), aided by preparation of an extensive abstract, resulted in his issuing a legal opinion that is contained in letters to the Mayor dated April 20, 2011, and May 13, 2011; and WHEREAS, Attorney Tyler concluded that "it is doubtful the City now retains any rights it may have once possessed [in the 185 - foot -long Valentine Place Extension]," but that a right -of -way across the 80- foot -long, so-called "stub" of Woodcock Street (as it runs westerly from Valentine Place), acquired by the City in 1922, was never conveyed by the City to subsequent owners of the surrounding property (including Mr. Novarr's entities), and therefore is still held by the City (and shared with the adjoining owner); and WHEREAS, attorneys for Mr. Novarr dispute Attorney Tyler's conclusions regarding the status of Woodcock Street and any public rights therein, and seek the immediate issuance of a building permit for the proposed Collegetown Terrace building (VY) that would encroach (relatively slightly) upon a portion of the City's claimed Woodcock Street right -of -way; and WHEREAS, both the City and Mr. Novarr seek a timely, negotiated resolution to this situation, without the costs and risks of litigation, if possible; and WHEREAS, the City's Superintendent of Public Works has indicated that the City does not rely upon the use of Valentine Place Extension or Woodcock Street for any essential public works functions, and that Valentine Place itself (north of Valentine Place Extension) can be maintained and treated as a City street whether or not the City retains or asserts rights in Woodcock Street or Valentine Place Extension — provided there is a feasible opportunity for City snowplows and other vehicles servicing Valentine Place to accomplish a turn - around, using the internal driveways that are part of the approved Collegetown Terrace site plan; and WHEREAS, at its meeting on May 25, 2011, the Board of Public Works for the City of Ithaca determined that, based on the practice and experience of the past 20 years or more, Valentine Place Extension and Woodcock Street do not qualify as City streets, that, from a public works standpoint, the City does not need to have or maintain rights in or to control either of them, that any such rights should be treated as surplusage, and that the Board does not object to the City's conveyance of such rights; and WHEREAS, all real property on both sides of Woodcock Street (and Valentine Place Extension) is owned by the developer of the Collegetown Terrace project, and the City's conveyance of any rights it may retain in either of said streets will not leave any parcels without public street frontage or render them non - conforming, nor would it affect any property owners other than Mr. Novarr; and WHEREAS, representatives of the City and of the adjoining property owner have negotiated a proposed resolution of this dispute, pursuant to which the City would provide quit claim deeds to Mr. Novarr, conveying any rights held by the City in Woodcock Street (or Valentine Place Extension), and as consideration Mr. Novarr would pay $12,500 to the City and would release the City from any claims he may have or wish to assert regarding this dispute (e.g., involving delay in issuance of a building permit, etc); now therefore be it RESOLVED, That the Common Council hereby accepts the opinion of special counsel that the City does not retain rights in Valentine Place Extension, and confirms the same by issuance of a quit claim deed (for the parcel described in the first Supreme Court proceeding referenced above, Index No. 09- 1410), from the City to the adjoining property owner (Valentine Associates); and be it further RESOLVED, That the Common Council hereby accepts the opinion of special counsel that the City retains a shared right -of -way over Woodcock Street (as distinct from fee title thereto), and determines that any such rights are deemed to be surplus from a City standpoint and are therefore available for appropriate disposition; and be it further RESOLVED, That the Common Council approves of the issuance of a quit claim deed that would transfer any rights the City may possess in Woodcock Street (as that parcel is described in the second Supreme Court proceeding referenced above, Index No. 2010 -0742) to the adjoining property owner, Valentine Park, LLC, in exchange for the receipt of (1) a payment to the City by said grantee in the sum of $12,500, (2) mutual releases of the parties from liability of any kind as to ownership of Woodcock Street (or Valentine Place Extension), and (3) agreement by the owner of Collegetown Terrace to allow City vehicles servicing Valentine Place to enter upon the project's driveways for turn - around purposes; and be it further RESOLVED, That the Mayor, upon consultation with the City Attorney, be and hereby is authorized to execute and, upon receipt of the afore - mentioned consideration, to deliver to Valentine Associates and Valentine Park, LLC, quit claim deeds as described herein, and other, related documents, as needed, consistent with the intent of this resolution. Board of Public Works Meeting Back Up Item — 9.3 May 25, 2011 Determination as to the Status of "Woodcock Street" and "Valentine Place Extension" By Commissioner Acharya: Seconded by Commissioner Warden WHEREAS, various City maps and other historical documents show or describe certain short, dead -end streets referred to as "Valentine Place Extension" and "Woodcock Street," located to the south of East State/Martin Luther King, Jr., Street, in the City of Ithaca; and WHEREAS, certain components of a development project proposed for a 16.4 -acre site on East Hill, known as "Collegetown Terrace," would occupy parts of what are known as Valentine Place Extension and Woodcock Street; and WHEREAS, in late 2009 and in 2010 the developer of the Collegetown Terrace project (John Novarr, through certain legal entities under his control), who owns most of the site, commenced "quiet title" proceedings in the New York Supreme Court, for Tompkins County, seeking exclusive title to Valentine Place Extension and Woodcock Street, respectively, based on the doctrine of adverse possession; and WHEREAS, said proceedings named as defendants certain persons who were former owners or mortgagees of real property in the vicinity of Valentine Place and Woodcock Street or who may have had an interest in the streets themselves, but did not name the City of Ithaca, nor was the City directly noted of these proceedings; and WHEREAS, the Court awarded judgment (i.e., "sole and complete possession ") in both actions to Mr. Novarr, essentially by default, as a result of the non - appearance of any of the named defendants; and WHEREAS, thereafter, Mayor Peterson sought an independent legal opinion as to the history and current status of Valentine Place Extension and Woodcock Street, to determine whether either of them was or is a City street, whether the City owned either of them, and /or whether the public retains any rights in them; and WHEREAS, title research conducted by the City's special counsel (David A. Tyler, Esq.), aided by preparation of an extensive abstract, resulted in his issuing a legal opinion that is contained in letters to the Mayor dated April 20, 2011, and May 13, 2011; and WHEREAS, Attorney Tyler concluded that "it is doubtful the City now retains any rights it may have once possessed [in the 185 - foot -long Valentine Place Extension]," but that a right -of -way across the 80- foot -long, so-called "stub" of Woodcock Street (as it runs westerly from Valentine Place), acquired by the City in 1922, was never conveyed by the City to subsequent owners of the surrounding property (including Mr. Novarr's entities), and therefore is still held by the City (and shared with the adjoining owner); and WHEREAS, attorneys for Mr. Novarr dispute Attorney Tyler's conclusions regarding the status of Woodcock Street and any public rights therein, and seek the immediate issuance of a building permit for the proposed Collegetown Terrace building ( " #3 ") that would encroach (relatively slightly) upon a portion of the City's claimed Woodcock Street right -of -way; and WHEREAS, both the City and Mr. Novarr seek a timely, negotiated resolution to this situation, without the costs and risks of litigation, if possible; and WHEREAS, the Superintendent of Public Works has indicated that the City does not rely upon the use of Valentine Place Extension or Woodcock Street for any essential public works functions; that Valentine Place itself (north of Valentine Place Extension) can be maintained and treated as a City street whether or not the City retains or asserts rights in Woodcock Street or Valentine Place Extension — provided that a feasible "turn- around" opportunity for City snowplows or other vehicles is available at or near the south terminus of Valentine Place, which it is, per the approved design of internal circulation for Collegetown Terrace and with the consent of its owner; and that for at least the past 20 years, Valentine Place Extension and Woodcock Street have not functioned as or been treated as City streets; and WHEREAS, the developer asserts that since the 1980s he has continuously maintained what he refers to as the "driveways" that constitute Valentine Place Extension and Woodcock Street, and will continue to do so as the Collegetown Terrace project is constructed and in operation; and WHEREAS, the City of Ithaca does not maintain an "Official Map" which designates established City streets; and WHEREAS, all real property on both sides of Woodcock Street (and Valentine Place Extension) is owned by the developer of the Collegetown Terrace project, and the City's conveyance of any rights it may retain in either of said streets would not leave any parcels without public street frontage or render them non - conforming, nor would it affect any property owners other than Mr. Novarr; and WHEREAS, clarification of the ownership of the areas known as Valentine Place Extension and Woodcock Street, in favor of the adjoining property owner, would definitively relieve the City of any future responsibility or liability for maintenance or repair of these areas; now therefore be it RESOLVED, That the Board of Public Works hereby finds that: a. based on the practice and experience of the past 20 years or more, the so- called Valentine Place Extension and Woodcock Street do not qualify as City streets; b. from a public works standpoint, the City of Ithaca does not need to have or maintain rights in or control of any part of Valentine Place Extension (i.e., land that is to the south of the City street known as Valentine Place, as that land is described in the first Supreme Court proceeding referenced above, Index No. 09- 1410), or Woodcock Street (i.e., land that is to the west of Valentine Place, as that land is described in the second Supreme Court proceeding referenced above, Index No. 2010- 0742); and C. from a public works standpoint, any such rights are and should be treated as surplusage; and be it further RESOLVED, That the Board indicate to the Common Council that the Board has no objection to the City's conveyance of whatever rights it may possess in Valentine Place Extension or Woodcock Street. Carried Unanimously Cullcecvmn fcrnicc l m .d Ilheai, hlnma.„ g 4 i - 0 c n C r I i / ar ,Fw J i vi ry w lk C V f— i zm TIiUbV INIIDI�I' & \Vol III' 9.4 Attorney's Office - Authorization of Revocable License to Use City Parkland for Conao Square Market - Resolution WHEREAS, in 2009 and 2010, the sponsors of an ongoing event known as the Congo Square Market received a license from the City of Ithaca to operate a weekly, outdoor market for local vendors on City-owned parkland immediately north of the Southside Community Center, on South Plain Street, from June until September; and WHEREAS, the current sponsors of the Congo Square Market, namely, the Ithaca Youth Bureau (a department of the City of Ithaca) and the Southside Community Center, Inc. (a not-for-profit corporation that leases a City-owned building), have requested permission to operate the Market at the same location in 2011, on every Friday evening (_ to pm) from May _, 2011, through , 2011; and WHEREAS, the vendors for the Market are expected to include both small - scale, local entrepreneurs and City- sponsored youth projects; and WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca ( "Use of City Real Property "), such use of City parkland (for an event lasting more than five days at a time or that occurs more than four times over the course of a year) requires the approval of Common Council; now therefore be it RESOLVED, That the Common Council, as it did in 2009 and 2010, finds that the proposed Congo Square Market, as described by its sponsors and as experienced in operation over the last two years, constitutes a recreation - related use of the park adjacent to the Southside Community Center, which use, due to its limited duration (i.e., hours at a time, on _ occasions over the course of the year) and occupancy of only a portion of the park, will not significantly compromise the public's ability to enjoy the park and in fact could enhance the overall quality of the park's appeal and benefit to the public; and be it further RESOLVED, That the Common Council hereby authorizes the Mayor - upon consultation with the appropriate Department Heads as to form and compliance with all applicable laws, rules and regulations, and upon receipt of a properly completed application from the sponsors - to issue a revocable license to the Ithaca Youth Bureau and the Southside Community Center, permitting such sponsors to operate the proposed Congo Square Market in a portion of the City park adjacent to the Southside Community Center on South Plain Street, for the requested period of time (between and _ pm, each Friday between May _, 2011, and 2011, and containing the standard terms and conditions of such a license, with regard to liability insurance coverage, indemnification of the City, handling of trash and waste, vendor conduct, amplified sound, and other pertinent matters; and be it further RESOLVED, That as the City has not yet established a regular fee for such seasonal use of its parkland, Council hereby sets a fee of $ for each day's operation of the Congo Square Market, with the total amount due from the sponsors for the requested number of days being $ 9.5 • Consolidate all Charter and Code language governing appointments of City officers into one section • Eliminate redundant, repetitive and contradictory language regarding the appointment of City officers • Update titles to reflect current City officers; some historical titles are also being preserved for future use; now, therefore, Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That the following Sections and Subsections of the City Charter be amended to read as follows: §C -5.0 The appointed officers of the City shall be: (2) Officers who serve at the pleasure of the Mayor: a City Attorney, who shall serve as the head of the City Attorney's Office. IWARM• - :. P111- _ i NO Hi RN i (5) Officers who serve as the deputies or assistant department heads of their §C -17.A. ; Powers and duties of police officers. §C -20. A. There shall be a Department of the City Clerk, the head of which shall be the City Clerk. The Gity G'eFk shall be appointed by the Mayei: in the Fnanne pFevided in §G 26 below7 §C -21.A A. There shall be a Human Resources Department, the head of which shall be the Director of Human Resources. §C -59. 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 Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. W ;EAS, the intent of the following legislation is to: To amend the Charter to reflect the current organizational structure and operational practices of the City Controller's Office and City Chamberlain's Office. To clearly separate the authorities and responsibilities of the City Controller and the City Chamberlain, so that a system of checks and balances is created and maintained. now, therefore Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That Section C -19 of the City Charter be amended to read as follows §C -19: Financial Officers. DepaFtment of PnaAGe. A. G. Powers and Duties of the City Controller. (All existing language regarding powers and duties of the City Controller remains.) Ma • - - •. _ • . A. G. Powers and Duties of the City Controller. (All existing language regarding powers and duties of the City Controller remains.) B. B. Powers and Duties of the City Chamberlain. (All existing language regarding powers and duties of the City Chamberlain remains.) 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 Local Law shall take effect after it is filed in the office of the Secretary of State. 9.7 Human Resources -A Local Law to Amend Section C -22 of the City of WHEREAS, the intent of the following legislation is to consolidate the basic/general authorities and responsibilities inherent in all department head and deputy positions into one section. New York State has delegated certain powers and responsibilities to the Common Council. It is appropriate for Common Council, in turn and through the Charter, to empower and charge its department heads (and deputies) with the carrying out of certain, general duties. However, the day -to-day responsibilities, assignments and tasks of the individual department head and deputy positions are more fluid and change periodically as the priorities of the Mayor and Common Council change. Job descriptions are more flexible and more easily amended than the Charter, and are therefore the more appropriate location for prescribing daily activities and program and functional responsibilities; now, therefore Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That Section C -22 of the City Charter be amended to read as follows: §C -22. Department Heads. Deputies and Assistants. "T 1. To appoint discipline and remove as necessary, all subordinate officers and emotoyees of their respective departments: 2. To direct and supervise the work of the officers and employees of their respective departments: 3. 4. To exercise all powers and carry out all responsibilities vested in the office which the department head holds, on behalf of the City: 5. B. The deputy and assistant department heads of the City of Ithaca, as defined in 6C- 5.C(5) of this Charter, shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as designated by such superiors and, in the absence, inability or temporary vacancy of their respective superiors, shall act as such and, when so acting, shall have all the powers of such office. 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 Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. WHEREAS, the "2009 Collegetown Urban Plan & Conceptual Design Guidelines" was endorsed by the Common Council on August 5, 2009, and the plan recommended the adoption of a form -based code, a binding design review process, a height incentive zone, and several essential transportation measures, and WHEREAS, from the beginning of the Collegetown planning process the adoption of a form -based code has been considered to be an important implementation measure, and WHEREAS, a capital project was approved in January 2008 to hire a consultant to assist with the preparation of the proposed code, and WHEREAS, the City, with a dollar- for - dollar match from Cornell University, hired Code Studio of Austin, Texas to begin preparation of the form -based code during the Collegetown planning process, and WHEREAS, Lee Einsweiler of Code Studio recommended that the City pursue a hybrid code rather than a true form -based code because (1) the hybrid code includes regulations of density and use that are not included in true form -based codes and density continues to be a critical issue in the Collegetown area and (2) this type of zoning is new to the city and the hybrid code would ease the transition from traditional zoning, and WHEREAS, the Collegetown Zoning Working Group was formed in February 2009 to focus on the proposed Collegetown zoning changes, and this group included Common Council representatives, members of the Planning and Development Board, neighborhood residents, a Collegetown landlord, the editor /publisher of New Urban News, and staff from the City's Building and Planning Departments, and WHEREAS, the Collegetown Zoning Working Group has worked to revise the draft Collegetown Area Form Districts prepared by Code Studio to better reflect the goals of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines," and WHEREAS, the proposed Collegetown Area Form Districts were presented at the Collegetown Neighborhood Council and the Bryant Park Civic Association, and input from these meetings as well as comments submitted by members of the public have been incorporated into the proposed zoning, and WHEREAS, public hearings on the proposed Collegetown Area Form Districts were held on March 16, 2011 and April 20, 2011, and appropriate environmental review of the proposed zoning has been completed; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Sections 32511 and 325 -5 of the Municipal Code of the City of Ithaca be amended to establish the Collegetown Area Form Districts. ORDINANCE NO. Section 1. Declaration of Legislative Findings and Purpose The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" identifies several goals for future development in Collegetown. These goals include: • To encourage exceptional urban design and high - quality construction • To regulate elements of building form to ensure a compatible transition between higher - density and lower- density zoning districts • To concentrate additional density and growth in the central areas of Collegetown and protect the character of the established residential neighborhoods • To promote attractive, walkable neighborhoods that prioritize accommodation of non - motorized modes of transportation The "2009 Collegetown Urban Plan & Conceptual Design Guidelines" recommends the adoption of a form -based code to regulate elements of building form that are not addressed under traditional zoning. The Collegetown Area Form Districts is a hybrid code that combines regulations of physical form with regulations of use and density. The Common Council finds that the establishment of the Collegetown Area Form Districts will advance the City's goals for future development in Collegetown as specified in the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." Section 2. Chapter 325, Sections 325-4 and 325 -5 of the Municipal Code of the City of Ithaca are hereby amended to establish the Collegetown Area Form District which include the following zoning districts: Traditional Residential 1 (TRA), Traditional Residential 2 (TR -2), Traditional Residential 3 (TR -3), Traditional Residential 4 (TR -4), Village Residential 1 (VR -1), Village Residential 2 (VR -2), Village Residential 3 (VR -3), Village Residential 4 (VR -4), Village Residential 5 (VR -5), and Mixed Use (MU). Section 3. Chapter 325 of the Municipal Code of the City of Ithaca is hereby amended to add a new Article entitled Collegetown Zoning, to be inserted as Chapter 325, Article VIII, and all subsequent articles and sections shall be hereby renumbered accordingly. " §325 -41 Collegetown Area Form Districts," dated March 9, 2011, shall be inserted in its entirety in Article VIII as §325 -41. Section 4. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -1b, R -2b, and R -3a to TRA for the following tax parcels: 64.-6-1; 64.-6-2.2; 64.-6 -3; 64.-7-1; 64.-7-2; 64.-7-3; 64.-7-4; 64.-7-5; 64.-7-6; 65.-2-1; 65.-2-2; 65.-2-3; 65.2 -4; 65.-2-5; 67.-2-8; 67. -2 -9; 67.-2-10; 67.-2-11; 67.-3-18; 67.-3-19; 67.-3- 20; 67.-3-21; 67.-3-22; 68.-7-9; 68.-7-10; 68.-B-2; 68.-8-3; 68.-8-4; 83.-6-2; and 94.-1 -1; and a portion of 67.-2-5. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section S. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -2a, R -2b, and R -3a to TR -2 for the following tax parcels: 64,1- 1; 64.-1-2; 64,11-4; 64.-3-2; 64.-3-3; 64,34; 64.-3-5; 64.-3-6; 64.4-1; 64.4-2; 64.11 -3; 64.-44; 64.4-5; 64.-5-1; 64.-5-2; 64.-5-3; 64,54; 64.-8-1; 64,8-2; 64.-8-3; 64.-84; 64: 8 -5; 64.-8-6; 64.-8-7; 64.-B-8; 64.-8-9; 64,13-10; 64.-8-11; 65.-1 -1; 65,1-2; 65,1-3; 65: 1-4; 65.-1-5; 68. -6 -12; 68. -6 -13; 68.-6 -14; 68. -6 -15; 68.-7-2; 68.-7-3; 68,7-3; 68,74; 68.-7-5; 68.-7-6; 68.-7-7; 68. -7 -8; 68.-8-6; 68.-8-9; 83.-3-2; 83.-3-3; 83,34; 83.-3-5: 83: 3-6.1; 83.-3-6.2; 83.-3-7; 83. -3 -8; 83. -3 -9; 83.4 -1; 83.4-3; 83.4-4; 83.4 -5; 83.4-6; 83: 6 -1; and 83. -6 -3. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 6. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -2a, R -2b, R -3a, and R -3b to TR -3 for the following tax parcels: 64.-2-7; 64.-2-8; 64.-2-9; 64. -2 -11; 64.-2-13; 64.-2-15; 64.-3-1; 64.-3-7; 64.-3-8; 64.-9-2; 64,9-3; 64,94; 64. -9 -5; 64.-9 -7; 64.-9-8; 64.-g-9; 67.-2-3; 67,24; 67. -3 -2; 67.-3-3; 67: 3 -23; 67.-3-24; 67.-3-25; 67.-3-26; 68.-5-14; 68. -5 -15; 68.-5-16; 68,5-17; 68. -5-18; 68: 5 -19; 68.-6-1; 68. -6 -16; 68,15-117; 68.-6-18; and 68.-6-19; and portions of 64.-2-33; and 67.-2-5. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 7. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -3a to TR-4 for the following tax parcels: 64.-2-2; 64.-24; 64.-2-5; and 64.-2-6. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 8. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -3a to VRA for the fallowing tax parcels: 64.-2-14; 64.-2-17; and 64.-2-19; and a portion of 64.-2-33. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 9. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from U -1 to VR -2 for the following tax parcel: 63.-2-7. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 10. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -3a and R -3b to VR -3 for the following tax parcels: 64. -2 -18; 64: 2 -20; 64.-2-22; 64.-9-1; 64.-M; 64.-9-10; 67.-1-7; 67. -1 -8; 67.-2-1; 67. -2 -2; 67. -2 -12; 67.-2-13; 67.-2-14; 67.-2-15; 67.-2-16; 67.-2-17; 67.-2-18; 67.-3-1; 67.-3-29; 67.-3-30; 67.-3-31; 68. -4-9; 68.-4 -11; 68.4-12; 68.4 -13; 68.4-14; 68.4-15; 68.-5-2; 68.5 -3; 68: 54; 68.-5-5; 68.-5-6; 68.-B-7; 68. -5 -8; 68. -5 -9; 68. -6 -2; 68. -6 -3; 68.-64; 68. -6 -5; 68.-6-6; 68.-6-7; 68,6-8; 68. -6 -9; 68. -6 -10; 68,6-11; and 83.4 -2; and portions of 63.-6 -17; 68: 4 -10; and 68.4 -3. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 11. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -3b to VR4 for the following tax parcels: 64:10 -7; 64,10-8; 64.- 10-9; 64,10-10; 64,10-11; 67:14; 67,1-5; and 67,1-6; and portions of 64,10-13; 64: 10 -15; 67,1-1; 67,1-3; and ST-1-12. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011,"a copy of which shall be on file in the City Clerk's office. Section 12. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R -3b and B -2b to VR -5 for the following tax parcels: 67,1-9; 67.-l- 10; 67,1-11; 68.4 -8; 68. -5 -10; 68.-5-11; 68.-5-12; and 68.-5-13; and portions of 67,1- 3; and 67,1-12. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 13. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from B-2b, R -3a, and U -1 to MU for the following tax parcels: 63.-5-2; 63. -5 -3; 63.-5-5; 63. -5 -7; 63.-5-8; 63.-5-9; 63. -6 -1; 63. -6 -2; 61-6 -3; 63.-64; 63.-6-5; 63: 6 -8; 63. -6 -14; 63.-6-19; 63.-6-20; 63.-6-21; 63. -6 -23; 63.-6-24; 63,13-25; 63. -6 -26; 64,2- 1; 64.-2-23; 64.-2-24; 64.-2-26; 64.-2-27; 64.-2-28; 64.-2-29; 64.-2-30; 64.-2-31; 64,2- 32; 64,110-11; 64,10-2; 64,10-3; 64,10-4; 64,10-5; 54,10-6; 64,10-17.2; 64.- 10 -18; 64,10-19; 64.- 10 -20; 64,10-21; 68.4 -6; and 68.4 -7; and portions of 63.-6-17; 64.-10- 13; 64.- 10 -15; 67,1-1; 68.4 -3; and 68.4 -10. The boundaries of this amendment are shown on the map entitled "Proposed Collegetown Area Form Districts -March 2011," a copy of which shall be on file in the City Clerk's office. Section 14. All applicable sections within the Municipal Code of the City of Ithaca shall be updated in accordance with the amendments made herewith. Section 15. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. daot yl�m l0-1 City of Ithaca Full Environmental Assessment Form —Part III Proposed Establishment of the Collegetown Area Form Districts and Rezoning of Potions of the R -1 b, 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) The "Collegetown Area Form Districts" is one of the key recommendations of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." The proposed zoning is a hybrid code in that it is a mix of a form -based code and traditional zoning. It includes regulation of physical form that is the focus of form -based codes but also includes regulation of use and density found in traditional zoning. The adoption of the "Collegetown Area Form Districts" would establish ten new zoning districts and re -zone approximately 250 properties in the Collegetown area. The ten proposed districts can be divided into three categories: Traditional Residential, Village Residential, and Mixed Use. The principal goals of the form based code are a) protection of neighborhood character in the Traditional Residential districts; b) regulation of the urban form in anticipated growth areas, the Village Residential and Mixed Use districts; and c) promotion of a lively, attractive, walkable neighborhood that prioritizes non - motorized modes of transportation. The four Traditional Residential JR) districts are designed to preserve the existing character of the neighborhoods and either maintain or slightly decrease density. Large - scale new development is not anticipated in these areas, but the proposed form requirements would ensure that any new construction is in keeping with the existing built form. Maximum building height, maximum lot coverage, and minimum lot size are based on the existing zoning in these areas, with the exception of the TR-4 district. The proposed TR-4 district is adjacent to the proposed Mixed Use district (currently B -2b) and has a maximum building height of 4 stories and 42' with a maximum lot coverage of 50 %. This is an additional story and an additional 10% lot coverage over the existing zoning. The TR-4 district is the only Traditional Residential district that proposes an increase in maximum building height. In terms of form requirements, all new construction in a Traditional Residential district will be required to have a pitched roof and a front porch. There is a required amount of glazing for each story, and all surface parking must be located at or behind the front fagade. There are no significant negative impacts anticipated by the establishment of the Traditional Residential districts (TR -1, TR -2, TR -3, and TR-4), and the establishment of the districts will have the positive impact of protecting the built form of existing neighborhoods. The five Village Residential (VR) districts are intended to promote redevelopment and provide a transition between the lower- density Traditional Residential districts and the higher - density Mixed Use district. The five VR districts range in maximum building height from 3 stories and 35' to 5 stories and 53'. The proposed zoning allows for an increase in developable square footage in most of the VR districts to encourage redevelopment in these areas. While the proposed VR -2 district will result in a decrease in maximum building height (existing 55'; proposed 45'), the maximum lot coverage will increase from 35% to 75 %. The proposed VR -3 district will allow for a 10% increase in maximum lot coverage. The maximum building height will remain 4 stories but will increase to 45' to allow for improved construction quality. The proposed VR-4 and VR -5 districts will allow a maximum of 5 stories and 53', which is an additional story and 13' over the existing R -3b zoning in these areas. In addition, these proposed districts allow maximum lot coverage of 70% and 80% respectively, a significant increase over the 40% allowed under the existing zoning. While the proposed zoning will allow increased development in the VR districts, these zones were carefully designed to accommodate the development in a way that will be compatible with the surrounding neighborhood. The form requirements necessitate that new construction have either a front porch or a front stoop and functioning entries must be located no more than 50' apart. The length of building facades are limited to between 100' and 300', depending on the district. These requirements work together to break up the massing and create a more contextual pedestrian- friendly development. Similar to the TR districts, surface level parking must be located at or behind the front fagade. The setbacks for each VR district were determined based on topography and adjacent buildings. The establishment of the Village Residential districts (VR -1, VR -2, VR -3, and VR -5) will likely result in increased density and redevelopment within these zones; however, it is anticipated that the form regulations that accompany the establishment of these districts will mitigate any negative impacts to Collegetown's visual character associated with additional development. The Mixed Use (MU) district is proposed for the area that is currently zoned B -2b. The requirements for the MU district maintain the maximum building height of 6 stories but increase the maximum height in feet to 65' to provide adequate room for the ductwork and mechanicals required for a 6 -story mixed -use building. The maximum lot coverage remains 100 %, and the adoption of the new zoning would not result in an increase in developable square footage within the MU district. The proposed zoning includes several use and form requirements that will make the central core of Collegetown a more vibrant and pedestrian - friendly area. Active uses are required on the street -level story in much of the MU district, and the street -level story must have 65% glazing to attract the interest of passers by and enliven activity in the commercial core. A deeper setback along the 100 -block of Dryden Road will ultimately allow for wider sidewalks, and required chamfered comers on buildings at the intersection of Dryden Road and College Avenue will increase visibility for both pedestrians and drivers and reduce the "canyon" effect observed on the 100 block of Dryden Road. The establishment of the Mixed Use district is not anticipated to have any negative impacts and will have the positive impact of improving the built form and vibrancy of Collegetown's commercial core. The establishment of the Collegetown Area Form Districts would allow approximately 380,000 square feet of additional development. At full build -out, there could be an increased demand for fire protection, police, and transit services. The new development will also provide the City with additional tax revenue to help fund additional required fire and police services. In terms of transportation, existing parking requirements will remain in place with the exception of a change to the parking requirement for office uses within the proposed MU district, which would be reduced to one space for every 400 square feet of net assignable floor area (existing requirement is one space for every 250 square feet of net assignable floor area). The majority of the projected new development is expected to occur in the central areas of Collegetown, ' In the VR -5 district, a front porch, a front stoop, or a recessed front entry is required. which are well -served by multiple TCAT routes, are heavily traveled by pedestrians, and can be easily accessed by other alternate modes of transportation. The additional tax revenues that can be expected from these developments could also be utilized to finance sidewalk expansions and other improvements to the public realm. The proposed amendments to the Collegetown Parking Overlay Zone (CPOZ), a companion proposal to this action, could also mitigate transportation impacts through the funding of transportation improvements throughout Collegetown. Overall, the establishment of the Traditional Residential, Village Residential, and Mixed Use districts and the rezoning of approximately 250 properties in the Collegetown area will not have a significant negative impact. The proposed rezoning is intended to concentrate growth in the central part of Collegetown and limit further expansion into the surrounding neighborhoods, one of the key goals of the "2009 Collegetown Urban Plan & Conceptual Design Guidelines." Under the proposed hybrid code, potential negative impacts of increased density in the Village Residential districts will be mitigated by the form requirements that accompany the traditional regulations of use and density. The form requirements will enhance all of the proposed districts by ensuring the compatibility of new construction with existing buildings, improving the architectural form of the area, and promoting a pedestrian friendly environment. 0PIM LEGAL NOTICE I 0 PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will hold a public hearing to consider the proposal to amend Chapter 325 of the Municipal Zoning Code of the City of Ithaca in order to establish the Collegetown Area Form Districts and rezone portions of the existing R -1b, R -2a, R -3a, R -3b, B -2b, and U -1 zoning districts to the newly established Traditional Residential JR), Village Residential (VR), and Mixed Use (MU) districts. The Collegetown Area Form Districts is a hybrid code that is a mix between traditional zoning and form -based zoning. The primary objective of the new code is to protect and strengthen the quality of Collegetown's urban form. The proposed zoning includes regulations of building form, such as roof pitch, porches, and glazing that are typical of a form -based code, but also includes regulations of density and use that have been a part of the City's traditional zoning. The adoption of the " Collegetown Area Form Districts" would establish 10 new zoning districts and rezone approximately 250 properties in the Collegetown area. To view a list of properties (identified by tax map parcel number) that would be directly affected by these proposed changes, please contact the Department of Planning and Development at 274 -6550. This is a re- hearing of public hearings that were held on March 16, 2011 and April 20, 2011. The public hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, June 1, 2011, at 6:00 p.m. If you have a disability and require accommodation in order to fully participate, contact the City Clerk's Office at 274 -6570 by 12:00 p.m. on Tuesday, May 31, 2011. A copy of the proposed zoning amendments can be accessed on the City's website www.citvofithaca.orc or can be viewed at the Department of Planning & Development, 3 Floor City Hall, 108 East Green Street, Ithaca, New York. Megan Gilbert Planner mailbertAcitvofithaca.ora 5/19/2011 \ \ \ \ / § \ / / \ \ \ / / \ . § � § K A 1 §� / k ` ci o § / §2zo „ \ 12. NEW BUSINESS: 12.1 KiloatricksRestaurant - AlcoholPermitReguest— Resolution WHEREAS, the City Clerk has received a request to allow Kilpatrick's restaurant to utilize certain areas along North Tioga 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 Kilpatrick'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 Kilpatrick's 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. 12.2 Finger Lakes Wine Center -Alcohol Permit Request— Resolution WHEREAS, the City Clerk has received a request to allow Finger Lakes Wine Center to utilize certain areas along South Cayuga 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 Finger Lakes Wine Center, 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 Finger Lakes Wine Center 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. 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 13.1 Mayor Peterson -Designation of Marriage Officer— Resolution RESOLVED, That Deborah Mohlenhoff be designated as a Marriage Officer in the City of Ithaca for the month of July with the term to expire on July 31, 2011. 13.2 Alderperson Rosario —Request That Governor Cuomo Rescind "Secure Communities" Agreement— Resolution WHEREAS, in March 2008, U.S. Immigration and Customs Enforcement (ICE), an agency of the Department of Homeland Security (DHS), announced the initiation of the Secure Communities program; and WHEREAS, on December 28, 2010, New York State entered into a Memorandum of Agreement with ICE/DHS, regarding the Secure Communities program, which agreement requires the State and any participating local police departments to use fingerprint -based biometric technology during booking and to share this data immediately with DHS; and WHEREAS, the City of Ithaca has been repeatedly pressed by ICE to sign such an agreement so as to make the Ithaca Police Department a participant in the biometric program; and WHEREAS, confusing and contradictory information has been provided as to whether municipal participation in the Secure Communities program is voluntary or compulsory, and WHEREAS, civil rights organizations have expressed great concern about the erosion of due process rights and racial profiling that the Secure Communities program creates, the splitting up of families and strain on communities of increased deportations, and the increased financial and resource burdens on local law enforcement, and WHEREAS, on May 4, 2011, Governor Quinn of Illinois wrote a letter to DHS terminating the Secure Communities Memorandum of Agreement between the Illinois State Police and DHS, explaining that the stated purpose of the program to identify, detain, and remove from the US aliens who have been convicted of serious crimes is contrary to actual ICE - provided statistics, which show that more than 20% of the deportations under the program have been of persons who were not convicted of any crime, and WHEREAS, New York State and the City of Ithaca have historically been beacons of hope for immigrants and refugees, now therefore be it RESOLVED, That the Common Council of the City of Ithaca does not support the City's participation in the Secure Communities program, as that program is now constituted and as it is being implemented, and be it further RESOLVED, That the Common Council of the City of Ithaca hereby urges that the current Memorandum of Agreement regarding the Safe Communities program be rescinded in its entirety by the State of New York, through its governor, and that a thorough investigation and review of the program be conducted before the State commits to further involvement, and be it further RESOLVED, That the City Clerk be and hereby is requested to convey copies of this resolution to Governor Cuomo, Assemblywoman Lifton, and Senator O'Mara.