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HomeMy WebLinkAbout05-02-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, May 2, 2012, 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: 3.1 Presentation of the Quarterly Employee Recognition Award 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 "MEGA" — Presentation: Barbara Blanchard and Stuart Stein, Present and Past Executive Directors of Municipal Electric & Gas Alliance (MEGA). MEGA supports communities who commit to the use of renewable energy sources such as wind power. 5.2 Thank You Presentation to the Community - Cornell University Seniors 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL- 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Request of Downtown Ithaca Alliance to Permit Wine and Beer Tasting During the Ithaca College Senior Class Special Event taking place on the Ithaca Commons on May 15, 2012 — Resolution 8.2 Authorization of Revocable License for Congo Square Market — Resolution City Administration Committee: 8.3 Fire Department — Amendment to Personnel Roster— Resolution 9. CITY ADMINISTRATION COMMITTEE, 9.1 Youth Bureau - Request to Renew Recreation Partnership Contract - Resolution 9.2 Fire Department — Request to Amend Capital Project #761 — Replacement of Heavy Rescue - Resolution 9.3 Streets and Facilities (S &F) - Amendment to Capital Project Budget — S &F Salt Storage Building — Capital Project #710 - Resolution 9.4 City Controller's Report Common Council Agenda May 2, 2012 Page 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE, 10.1 Rezoning of Parcels 101. -1 -1.13, 101.-1 -1.11 and a portion of parcel 78. -3 -6 from SW -1 to MHA - Declaration of Lead Agency - Resolution 10.2 Rezoning of Parcels 101. -1 -1.13, 101. -1 -1.11 and a portion of parcel 78.-3-6 from SWA to MHA - Determination of Environmental Significance — Resolution 10.3 An Ordinance to Amend The City of Ithaca Municipal Code Chapter 325, Entitled 'Zoning' To Rezone Parcels 101. -1 -1.13, 101. -1 -1.11 and a portion of parcel 78.- 3-6 from SW -1 to MHA 10.4 Adoption of the City of Ithaca Energy Action Plan 2012 - Resolution 10.5 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 203 Third Street Property Acquired Through Foreclosure - Declaration of Lead Agency - Resolution 10.6 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 203 Third Street Property Acquired Through Foreclosure - Determination of Environmental Significance - Resolution 10.7 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 203 Third Street Property Acquired Through Foreclosure — Resolution 10.8 Authorization of Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure - Declaration of Lead Agency - Resolution 10.9 Authorization of Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure - Determination of Environmental Significance - Resolution 10.10 Authorization of Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure — Resolution 10.11 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 116 North Titus Street Property Acquired Through Foreclosure - Declaration of Lead Agency - Resolution 10.12 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 116 North Titus Street Property Acquired Through Foreclosure - Determination of Environmental Significance — Resolution 10.13 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 116 North Titus Street Property Acquired Through Foreclosure — Resolution 10.14 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 213- 215 W. Spencer Street Property - Declaration of Lead Agency - Resolution 10.15 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 213- 215 W. Spencer Street Property - Determination of Environmental Significance - Resolution 10.16 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 213- 215 W. Spencer Street Property— Resolution 10.17 Authorization of Sale of 321 Elmira Road Property for Highest Marketable Price - Declaration of Lead Agency - Resolution Common Council Agenda May 2, 2012 Page 3 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE CONTINUED: 10.18 Authorization of Sale of 321 Elmira Road Property for Highest Marketable Price - Determination of Environmental Significance - Resolution 1019 Authorization of Sale of 321 Elmira Road Property for Highest Marketable Price — Resolution 10.20 Authorization of Subdivision and Conveyance to Ithaca Urban Renewal Agency (IURA) of 6 Acre Parcel at the Southerly End of Cherry Street - Declaration of Intent to be Lead Agency - Resolution 11. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 11.1 Update from the April 18, 2012 meeting from Committee Chair Mohlenhoff 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 15. MAYOR'S APPOINTMENTS: 15.1 Appointment to Ithaca Urban Renewal Agency Board - Resolution 15.2 Appointments to Bicycle Pedestrian Advisory Council - Resolution 15.3 Appointments to Board of Fire Commissioner - Resolution 15.4 Appointment to Civil Service Commissioner - Resolution 15.5 Appointment to Conservation Advisory Council— Resolution 15.6 Appointment to Rental Housing Advisory Commission — Resolution 15.7 Appointment to Shade Tree Advisory Council — Resolution 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the April 4, 2012 Common Council Meeting Minutes —Resolution Common Council Agenda May 2, 2012 Page 4 20. 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 cont t the City Clerk at 274 -6570 at least 48 hours before the meeting. 46lie Conley Hol omb, CMCL— City Clerk Date: April 26, 2012 Q 8.1 VVKtKLAS, the Downtown Ithaca Alliance has requested permission for wine and beer tasting as part of the Ithaca College Senior Class Event taking place on the Ithaca Commons on May 15, 2012; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine and beer tasting during the above event on the Ithaca Commons on May 15, 2012 and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries and breweries 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 and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating wineries and breweries 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. 8.2 Authorization of Revocable License for Congo Square Market— Resolution WHEREAS, the Congo Square Market has been operating a weekly, outdoor market for local vendors on City -owned parkland immediately north of the Southside Community Center, on South Plain Street, since 2009, and WHEREAS, the current co- sponsors of the Congo Square Market, namely, the Ithaca Youth Bureau, (a department of the City of Ithaca), the Southside Community Center Inc. (a not - for - profit corporation that leases a City -owned building), and Cornell Cooperative Extension, have requested permission to operate the Market at the same location in 2012, on every Friday evening (4:00 p.m. to 8:00 pm) from May 24, 2012, through September 7, 2012; 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, 2010, and 2011 finds that the proposed Congo Square Market, as described by its sponsors and as experienced in operation over the last three years, constitutes a recreation - related use of the park adjacent to the Southside Community Center, which use, due to its limited duration (i.e., 4 hours at a time, on 19 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 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 co- sponsors - to issue a revocable license to the Ithaca Youth Bureau, the Southside Community Center, and Cornell Cooperative Extension permitting such co- 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 4:00 p.m. and 8:00 pm, each Friday between May 4, 2012, and September 7, 2012), 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 $1.00 for each day of operation of the Congo Square Market, with the total amount due from the sponsors for the requested number of days being $19.00. 8. CONSENT ITEMS CONTINUED: City Administration Committee: 8.3 Fire Department— Amendment to Personnel Roster— Resolution WHEREAS, the Office Manager Position at the Fire Department has recently become vacant, and WHEREAS, the Fire Department reduced office staff in an effort to bring about budget reductions, and WHEREAS, due to the reductions in office staff, it is no longer necessary for an employee in the office to have supervisory responsibilities, and WHEREAS, direct supervision of office staff will be the responsibility of the Deputy Fire Chief, and /or Fire Chief, and WHEREAS, the responsibilities of an Administrative Coordinator are similar to those of the Office Manager except that it does not require the supervision of other employees, and WHEREAS, this amendment to the Fire Department Personnel Roster will result in a reduction in budget; now, therefore be it RESOLVED, That Common Council hereby amends the 2012 authorized Personnel Roster for the Fire Department as follows: Delete: One (1) Office Manager (40 hours) Add: One (1) Administrative Coordinator (40 hours) and be it further RESOLVED, That this roster amendment shall be contingent on approval by the Vacancy Review Committee, and be it further RESOLVED, That the funds necessary for said roster amendment will be made within the existing 2012 Fire Department Budget Authorization. 9. 9.1 WHEREAS, the City of Ithaca is currently a member of the Intermunicipal Recreation Partnership, an excellent model of intermunicipal collaboration that enables municipalities to jointly plan, finance, and share a diverse set of high quality recreation programs, and WHEREAS, the current Intermunicipal Recreation Partnership agreement will end on December 31, 2012, and WHEREAS, the Intermunicipal Recreation Partnership agreement dated August 21, 2007, with an original five -year term expiring December 31, 2012, may be renewed for an additional five years by appropriate resolutions by each of the municipal partners on or before December 31, 2012; now, therefore be it RESOLVED, On the recommendation of the Recreation Partnership Board that the 2008 -2012 Intenmunicipal Recreation Partnership agreement shall be renewed for an additional five years, expiring December 31, 2017, and be it further RESOLVED, That by approving this resolution the City of Ithaca agrees to abide by the terms and conditions set forth in the Recreation Partnership agreement as executed by the Mayor upon the advice of the City Attorney, and be it further RESOLVED, That Common Council hereby directs the City Clerk to send a copy of this resolution to the Recreation Partnership Board care of Tompkins County Youth Services Department at 320 West State /Martin Luther King Jr. Street, Ithaca, NY 14850. 9.2 Fire Department — Request to Amend Capital Project #761 — Replacement of Heavy Rescue Vehicle- Resolution WHEREAS, a capital project for the Purchase of a Heavy Rescue Vehicle for the Ithaca Fire Department was approved by Common Council for the Budget Year 2012, and WHEREAS, per the contract for fire service between the City of Ithaca and the Town of Ithaca, the Town Board approved the project, and WHEREAS, the sum of $880,000 has been appropriated (Capital Project #761) and was available to cover the cost of design and construction of a Heavy Rescue Vehicle, and WHEREAS, the costs for maintenance of the Fire Department aerial truck apparatus has been increasing over the past five years due to an aging fleet, and an increase in the number of emergency responses, and WHEREAS, repair and maintenance costs for the Fire Department's two aerial trucks was $74,700 in 2011, and WHEREAS, a 1995 aerial truck is scheduled to be replaced under a fleet replacement plan for 2015, and WHEREAS, the estimated cost for continued maintenance of the Heavy Rescue Vehicle will be less than that of an Aerial Truck in 2013 and 2014, and WHEREAS, the Heavy Rescue Vehicle replacement shall be deferred until 2014, and WHEREAS, the Fire Chief and Board of Fire Commissioners shall review and amend the current schedule for apparatus replacement, which will reflect the current usage, age of fleet, budget restrictions, and best practices for delivery of fire and emergency services, and WHEREAS, the amended project budget is projected to be $920,000 comprised of. • Preliminary Engineering and Detail Design Cost $10,000 • Purchase Aerial /Pumper Combination Truck $920,000 Total Project Cost $930,000 and WHEREAS, the Board of Fire Commissioners recommends that Common Council substitutes the replacement of a Heavy Rescue Vehicle with the replacement of a Combination Aerial /Pumper Truck, and increase the total project budget authorizations for the amount of $920,000; now, therefore, be it RESOLVED, That Common Council amend the Capital Project authorizations for the Purchase of a Combination Aerial /Pumper Fire Truck and substitute it for the purchase of a Heavy Rescue Vehicle approved by Common Council and the Town of Ithaca in the 2012 Budget, and be it further RESOLVED, That Common Council hereby amends Capital Project #761 by an amount not to exceed $50,000, giving a total project authorization of $930,000 for the purposes of acquiring a combination Aerial /Pumper Fire Truck, and be it further RESOLVED, That the funds necessary for the $50,000 amendment will be derived from the Capital Reserve #15 Fire Engine Replacement, and be it further RESOLVED, That this amendment shall be contingent on the approval of the Town of Ithaca Board. 9.3 VMIZKLns, Dias were received on March 23, 2012, for the construction of a new Salt Storage Building located at the Streets and Facilities complex, 245 Pier Road, and WHEREAS, Park Lane Construction and Development Corporation, 10269 Old Rte. 31W, Clyde, NY, 14433, has submitted the apparent low bid for General Construction work of $233,404.00, and WHEREAS, Capital Project #710 — Streets and Facilities Salt Storage Building Replacement - was authorized in 2007 in the amount of $220,000, and WHEREAS, a portion of Capital Project #710 authorization has been expended upon consulting services and in preparing the foundation for the new building, and WHEREAS, there is a remaining balance of $19,768 in Capital Project #729 — Streets & Facilities Secord Building Demolition, and WHEREAS, funding of $115,000 was authorized in 2009 for Streets and Facilities Warm Storage Building, and WHEREAS, the anticipated mitigation of bird infestation at the warm storage building will not require the full amount of the authorization; now, therefore be it RESOLVED, That an amount not to exceed $19,768 be transferred from existing funds in Capital Project #729 to Capital Project #710, and be it further RESOLVED, That an amount not to exceed $85,000 be transferred from existing funds in Capital Project #750 to Capital Project #710, and be it further RESOLVED, That Common Council hereby amends Capital Project #710 - Streets and Facilities Salt Storage Building Replacement - by an amount not to exceed $104,768 for a total amended project authorization of $324,768 for the purposes of accounting for said transfers and completing the Salt Storage Replacement Building Project. 10. 10.1 VVMtKtAS, 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 f' Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That Common Council does hereby declare itself lead agency for the environmental review of the rezoning of parcels 101. -1 -1.13, 101. -1 -1.11 and a portion of parcel 78.-3-6 from SW -1 to MH -1. 10.2 WHEREAS, the City of Ithaca is considering a proposal to rezone parcels 101 -1 -1.13, 101. -1 -1.11 and a portion of parcel 78. -3 -6 from SW -1 to MH -1, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239 -1 -m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is a "Type I" Action under the City Environmental Quality Review Ordinance, and WHEREAS, Common Council, acting as Lead Agency, has reviewed the FEAF prepared by planning staff, now, therefore, be it RESOLVED, That Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Full Environmental Assessment Form, and be it further RESOLVED, That Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. 10.3 ORDINANCE NO. — 2012- 6E IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from SW -1 to MH -1 for the following tax parcels: 101. -1 -1.13, 101. -1 -1.11 and a portion of parcel 78. -3 -6. The boundaries are shown on the attached map entitled "Proposed Amendment to the MH -1 Zoning District - March 2012." Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. 4 STFI9 CITY OF ITHACA 6VI 108 East Green Street -3rd Floor Ithaca, New York 14850 -5690 -- M (V'_'/ DEPARTMENT OF PLANNING AND DEVELOPMENT Uk JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT I�, PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT " aa1 Telephone: Planning & Development - 607- 274 -6550 Community DevelopmenUIURA - 607 -274 -6559 Email: d@mnderGwcityofithaca.org Email: iura@cityofilhaca.org Fax: 607- 274 -6558 Fax: 607 - 274 -6558 To: Svante Myrick, Mayor Bill Gray, Superintendent of Public Works Common Council Conservation Advisory Council Julie Holcomb, City Clerk Planning & Development Board Ari Lavine, City Attorney Phyllis Radke, Building Commissioner JoAnn Cornish, Director of Planning and Development Edward Marx, Tompkins County Commissioner of Planning From: Jennifer Kusznir, Economic Development Planner DATE: March 26, 2012 RE: Proposed Re- Zoning of Portion of SW -I Zoning District to MH -1 The purpose of this memo is to provide information regarding the proposal to re -zone a portion of the SW -1 zoning district to be used residentially. The SW -1 zoning district was adopted by the Common Council in 2001. This district was established in response to the Southwest Area Land Use Plan, which was adopted by the Common Council in January 2001. The Southwest Area Land Use Plan recommended the Southwest Area be developed with mixed -use commercial uses. However, in the plan, it states the commercial re- zoning was only to take place on the undeveloped portions of the mobile home park; and when the re- zoning took place the entire developed mobile home park was re- zoned for commercial development. Given that the mobile home park is one of the few neighborhoods in the city with affordable owner- occupied housing, and given that it was never the intent of the land use plan that this area be commercially developed, Common Council reverted a portion of the SW -1 zone back to MH -1 in 2007. At that time, only a portion of the mobile home park was re- zoned. This proposal is to re -zone the remaining portion of the mobile home park back to its previous zoning designation of MH -1. This includes re- zoning parcels 101.-1-1.13, 101--1-1.11, and a portion of parcel 78. -3 -6 from SW -1 to MH -I. Enclosed please find a draft environmental review form for the proposed re- establishment of the MIT-1 zoning district. The Planning and Economic Development Committee will consider this amended re- zoning proposal and hold a public hearing at its regularly scheduled meeting on April 11, 2012. Your comments are respectfully requested prior to this meeting. If you have any questions, feel free to contact me at 274 -6410. Proposed Amendment to the MH -1 Zoning District - March 2012 iO3 P 1 �� • ��G 2 +/�i �r0,�`CLE E N T m v sw -z � -p _ CECIL A MALONE. DRIVE p ' A dult I Us l P -1 \, I CO MH -1 ml ��/ m N. or //r j I I 2 ea °' Area proposed to be Rezoned from SW -1 to MH -1 - I L m M �. o 350 goo feet °a f of agar y NY Slate Plane, Central GRS 80 Gahm Map Source: Tompkins County Glgisl Planimato; Map 1991 -2105 Map Prepared by'. GIS z lrry�l w W, � / W PI L I SW-1 x SW-2 m Area proposed to be Rezoned from SW -1 to MH -1 - I L m M �. o 350 goo feet °a f of agar y NY Slate Plane, Central GRS 80 Gahm Map Source: Tompkins County Glgisl Planimato; Map 1991 -2105 Map Prepared by'. GIS z lrry�l Planning. City of INaw, N Y. 26 March 2012 ,ara� ►3ac�C UP CITY OF 1TRACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The full EAT is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have lisle or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The full EAT is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists a reviewed in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE —TYPE 1 AND UNLISTED ACTIONS Identify the Portions of EAF completed for this action: ®Part 1 ®Part 2 ®Part 3 Upon review of the information recorded on this EAF (Parts, 2, and 3if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ®A. The Proposed Action will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore A NEGATIVE DECLARATION WILL BE PREPARED. ❑B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. �C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment; therefore A POSITIVE DECLARATION WILL BE PREPARED. •A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Actium promised re- establishment of MH -I Zoning District to be [mated on parcels 101.-1-1.13, 1Ol -1 -I I1 d a portion of Parcel 78.-3-6 Name of lead Agency: _ City of Ithaca Name and Title of Responsible Officer in Lead Agency: _ Mayor Svame Myrick Signature of Responsible Officer in Lead Agency: Signature of Pmparcr: Page I of 16 PART I— PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, indicate as much and specify each instance. Name of Action: Proposed Re- Establishment of MH -1 Zoning District Location of Action: East Green Street Name of Applicant/Sponsor: City of Ithaca Address: 108 East Green Street City/Town/Village: Ithaca State: New York ZIP: 14850 Business Phone: 274 -6550 Name of Owner (if different): Address: City/Town/Village: State: ZIP: Business Phone: Description of Action: The action being proposed is to re- establish the MH -1 zoning district and revert parcels] 01: 1 -1.13, 101. -1 -1.11, and a portion of parcel 78. -3 -6 back to the previous zoning designation of MH -l. Pagc 2 of 16 Please Complete Each Question — Indicate N /A, if not applicable. A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas.) 1. Present Land Use: 0 Urban ❑ Industrial ❑ Commercial ❑ Public ❑ Forest ❑ Agricultural 21 Other: Residential 3. Total area of project area: 5.5 Acres (Chosen units apply to following section also) Approximate Area (Units in question 3 apply to this section) Presently After Completion a. Meadow or Brushland (non - agricultural) In. Forested c. Agricultural d. Wetland (as per Articles 24 of ECL) Water Surface Area f. Public g. Water Surface Area h. Unvegetated (rock, earth or fill) i. Roads, buildings and other paved surfaces 5.5 acres 5.5 acres j. Other (indicate type) 4a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Wayland and Sloan silt loans (Ws), Eel Silt Loam (Em) 4b. Soil Drainage: ❑ Well Drained _% of Site ❑ Moderately Well Drained —% of Site ® Poorly Drained 100 % of Site 5a. Are there bedrock outcroppings on project site? ❑ Yes ®No ❑ N/A Sb. What is depth of bedrock? +/ -80' to 100' (feet) 5c. What is depth to the water table? +1-5' (feet) 6. Approximate percentage of proposed project site ® 0-10%100:% ❑ 10 -15 %_% with slopes: ❑ 15% or greater_ " /o 7. Is project substantially contiguous to, or does it contain a building, site or district, listed on or ❑ Yes X❑ No ❑ N/A eligible for the National or State Register of Historic Places? or designated a local landmark or in a local landmark district? ❑ Yes ® No ❑ N/A Page 3 or 16 8. Do hunting or fishing opportunities presently [I yes ® No ❑ N/A exist in the project area? Identify each species 9. Does project site contain any species of plant or animal life that is identified as threatened or ❑ Yes © No ❑ N/A endangered? According to: 10. Are there any unique or unusual landforms on the project site? (i.e., cliffs, other geological formations)? 11. Is the project site presently used by the community or neighborhood as an open space or recreation area? 12. Does the present site offer or include scenic views known to be important to the community? Identify each Species: ❑ Yes ® No ❑ N/A Describe: ❑ Yes ® No ❑ N/A If yes, explain: ❑ Yes S' No ❑ N/A Describe: 13. Is project within or contiguous to a site designated a unique natural area or critical ❑ Yes ® No ❑ N/A environmental area by a local or state agency? Describe: 14. Streams within or contiguous to project area: a. Names of stream or name of river to which it is Relief Channel tributary: 15. Lakes, ponds, wetland areas within or a. Name: N/A contiguous to project area: None b. Size (in acres): N/A 16. Has the site been used for land disposal of solid yes ❑ No El N/A or hazardous wastes? Describe: Former City landfill 17. Is the site served by existing public utilities? a. If Yes, does sufficient capacity exist to ® Yes ❑ No ❑ N/A allow connection? ® Yes ❑ No ❑ N/A b. If Yes, will improvements be necessary to allow connection? ❑ Yes ❑ No X❑ N/A Page 4 of 16 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 5.5 acres 1. a. Total contiguous area owned by project sponsor in acres: N/A or square feet: 1. b. Project acreage developed: 5.5 acres initially 5.5 acres ultimately 1. c. Project acreage to remain undeveloped: N/A 1. d. Length of project in miles: (if appropriate) or feet N/A 1. e. If project is an expansion, indicate percent of change proposed: N/A 1. f. Number of off -street parking spaces existing: N/A proposed: N/A 1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of project). N/A 1. h. If residential: Number and type of housing units (not structures): N/A - Currently developed; proposed amendment will not change current use. One - Family Two - Family Multiple Family Condominium Initial N/A N/A N/A N/A Ultimate N/A N/A N/A N/A If non - residential' Orientation(check one) N/A Neighborhood City Regional Estimated Employment Commercial N/A N/A N/A N/A Industrial N/A N/A N/A N/A 1 i. Height of tallest proposed structure: 40 feet is the tallest allowable structure ]j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: or added to the site. N/A 3. Specify what type or vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres, what type? N/A 4. Will any mature trees or other locally important vegetation be removed by this project? N/A 5. Are there any plans for re- vegetation to replace that removed during construction? N/A 6. If single phase project: Anticipated period of construction N/A months, (including demolition) 7. If multi- phased project: 7. a. Total number of phases anticipated 7. b. Anticipated date of commencement phase one N/A month N/A year, (including demolition) 7. c. Approximate completion date of final phase N/A month N/A year. Page 5 of 16 7. d. Is phase one financially dependent on subsequent phases? []Yes [] No gI /A 8. Will blasting occur during construction? []Yes [] No [9N /A; if yes, explain N/A 9. Number ofjobs generated: during construction after project is completed ". N/A 10. Number ofjobs eliminated by this project: N/A Explain: N/A 11. Will project require relocation of any projects or facilities?[]Yes [] No ON/A; if yes, explain 12, a. Is surface or sub - surface liquid waste disposal involved ?[]Yes [] No EdN/A; if yes, explain 12. b. If yes, indicate type of waste (sewage, industrial, etc) N/A 12. c. If surface disposal, where specifically will effluent be discharged? N/A 13. Will surface area of existing akes, ponds, streams, or other surface waterways be increased or decreased by proposal?[]Yes Ed No []N /A;. if yes, explain 14. a. Will project or an portion of project occur wholly or partially within or contiguous to the 100 year flood plain? LX Yes � No ❑N /A 14. b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply) Relief Channel 14. c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 or the ECL?❑Yes ® No []N /A; 14. d. If yes for a, b, or c, explain: N/A 15. a. Does project involve disposal or solid waste?[]Yes ® No []N /A; 15.6. If yes, will an existing solid waste disposal facility be used? []Yes [] No & /A; 15. c. If yes, give name: N/A ; location: N/A 15. d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes [] No &,I /A; if yes, explain N/A 15. e. Will any solid waste be disposed of on site?[]Yes [] No &I /A; if yes, explain 16. Will project use herbicides or pesticides? []Yes [] No &N /A; if yes, specify 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places? Or designated a local landmark or in a landmark district?QYes �o []WA; if yes, explain Any new construction on this site will be visible and contiguous to the Ithaca Commons which is listed on the State and National Register of Historic Places. 18. Will project produce odors ?[]Yes [] No []l N /A; if yes, explain 19. Will project product operating noise exceed the local ambient noise level during construction? Yes [J No []b1/A; After construction ?[]Yes [] No ®N /A; 20. Will project result in an increase of energy use7[]Yes [] No &/A; if yes, indicatetype(s) 21. Total anticipated water usage per day gals /day. N/A Source of water N/A Page 6 of 16 C. ZONING AND PLANNING INFORMATION I. Does the proposed action involve a planning or zoning decision? Eyes Q No [IN/A; if yes, indicate the decision required: ® Zoning Amendment Ll Zoning Variance EJ New /revision of master plan LISubdivision Site Plan 0 Special Use Permit D Resource Management Plan ❑ Other 3. What is the maximum potential development if the site is developed as permitted by the presen t zoning? The maximum building height under the current zoning is 60 feet. 4. Is proposed use consistent with present zoning? QI es LJ No a/A 5. If no, indicate desired zoning .MH -1 6. What is the maximum potential development of the site if developed as permitted by the proposed zoning? The maximum building height under the new zoning would be 40 feet. 7. Is the proposed action consistent with the recommended uses in adopted local land use plans? .Yes ao []N/A; If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 -mile radius of the project? (e.g.R- la or R -1b) I -1, P -1, R -3a, SW -1, SW -2, WEDZ -la, WF -ld, R -3b, B-2a, R -2b, WEDZ -1b 9. Is the proposed action compatible with adjacent land uses? Dyes , No [)N /A Explain: The surrounding uses are commercial. The SW -I zoning district was adopted by the Common Council in 2001. This district was established in response to the Southwest Area Land Use Plan, which was adopted by the Common Council in January of 2001. The Southwest Area Land Use Plan recommended the Southwest Area he developed with mixed -use commercial uses. However, in the plan, it states that the commercial rezoning was only to take place on the undeveloped portions of the mobile home park, and when the rezoning took place the entire developed mobile home park was rezoned for commercial development. Given that the mobile home park is one of the few neighborhoods in the City with affordable owner - occupied housing, and given that it was never the intent of the land use plan that this area be commercially developed, the City would like to retain this use and revert to the previous zoning of MH -I. 10. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 11. Will the proposed action create a demand for an community provided services? (recreation, education, police, fire protection, etc.) ? QYes for []N/A Explain: If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑ No �/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes X]Noa /A If yes, is the existing road network adequate to handle the additional traffic? ❑Yes Q No ^ u4 /A Explain: Np7ofI6 C. APPROVALS 23. Approvals: 23. a. Is any Federal permit required? Oyes ® No []N/A; . Specify 23. b. Does project involve State or Federal funding or financing ?QPes ® No L�4/A; If Yes, Specify 23. c. Local and Regional approvals: A INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. VERIFICATION I certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name: Jennifer Kusznir. City of Ithaca Signature: Title: Economic Development Planner Page 8 of 16 (Yes- Approval Submittal No) Required (type) Date Approval Date Council Yes Adoption BZA No P &D Board No Landmarks No BPW No Fire Department No Police Department No IURA No Building Commissioner No A INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. VERIFICATION I certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name: Jennifer Kusznir. City of Ithaca Signature: Title: Economic Development Planner Page 8 of 16 City of Ithaca Long Environmental Assessment Form PART 2 — PROJECT IMPACTS AND THEIR MAGNITUDES IMPACT ON LAND — 1. Will there be an effect as a result of a physical change to project site? QYes F-V No Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slope in the project exceeds 10 %. Construction on land where the depth to the water table is less than 3 feet. Construction of parking facility/area for 50 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than I year or involve more than one phase or stage. Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e. rock or soil) per year. Small to Potential Can Impact be Moderate Large Reduced by Impact Impact Project Change? []Yes [] No []Yes [] No []Yes [] No []Yes [] No Dyes [] No Dyes [] No Construction of any new sanitary landfill. Dyes [] No Construction in a designated floodway. DYes [] No Other impacts: Dyes [] No 2. Will there be an effect on any unique landforms found on the Small to Potential Can Impact be site? (i.e. cliffs, gorges, geological formations, etc.) Dyes ®No Moderate Large Reduced by Project Impact Impact Change? Specific land foams: []yes [] No IMPACT ON W ATER 3. Will project affect any water body designated as protected? (Under article 15 or 24 of the Enviromenwl Conservation Law, E.C,L.) Dyes ® No Developable area of site contains a protected water body Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Page 9 of 16 Small to Potential Can Impact be Moderate Large Reduced by Impact Impact Project Change? Dyes [] No []Yes D No []Yes [] No Construction in a designated freshwater wetland. Other impacts: 4. Will project affect any non - protected existing or new body of Small to water? Moderate Dyes ® No Impact A 10% increase or decrease in the surface area of any body of water or more than a 10,000 sq. ft. of surface area. Construction, alteration, or conversion of a body of water that exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake or the Cayuga Inlet? Other impacts: 5. Will roject affect surface or groundwater quality? DYes No Project will require a discharge permit. Project requires use of a source of water that does not have approval to serve proposed project. Construction or operation causing any contamination of a public water supply system. Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Other impacts: 6. Will project alter drainage flow, drainage patterns or surface water runoff? Dyes ®No Project would impede floodwater flows. Page 10 of 16 DYes [] No Dyes D No Potential Can Impact be Large Reduced by Impact Project Change? Dyes D No Dyes [] No Dyes D No Dyes D No Small to Can Impact be Moderate Potential Large Reduced by Impact Impact Project Change? Dyes F1 No []Yes [] No Dyes []No DYes D No []Yes []No Dyes []No DYes [] No Dyes [] No Dyes F1 No Small to Can Impact be Moderate Potential Reduced by Impact Large Impact Project Change? Dyes []No Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: 7. Will roject affect air quality? []Yes �( No Project will induce 500 or more vehicle trips in any 8- hour period per day. Project will result in the incineration of more than 2.5 tons of refuse per 24 -hour day. Project emission rate of all contaminants will exceed 5 Ibs per hour or a heat source producing more than 10 million BTUs per hour. Other impacts: ON PLANTS AND ANIMALS []Yes [] No ❑Yes [] No ❑Yes n No Small to Potential Can Impact be Moderate Impact Large Impact Reduced by Project Change? []Yes [] No []Yes [] No []Yes [] No nYes n Nn 8. Will project affect any threatened or endangered Can Impact be species? Small to Potential Reduced by Dyes ® No Moderate Impact Large Impact Project Change? Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near []Yes [] No site. Removal of any portion of a critical or significant wildlife habitat. []Yes [] No Application of pesticide or herbicide more than twice a year other than for agricultural purposes. ❑Yes [] No Other impacts: []Yes El No 9. Will proposed action substantially affect non- Can Impact be threatened or non - endangered species? Small to Potential []Yes ® No Moderate Impact Large Impact Reduced by Project Change? Proposed action would substantially interfere with any resident or migratory fish or wildlife species. ❑Yes [] No Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important []Yes [] No vegetation. PecIIof16 Other impacts: ON AESTHETIC RESOURCE 10. Will the proposed action affect views, vistas or the visual character of the neighborhood or communit ? QYes XNo Proposed land uses, or proposed action components obviously different from or in sharp contrast to current surrounding land use patterns, whether man- made or natural. Proposed land use, or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in the elimination or major screening of scenic views known to be important to the area. Other []Yes Small to Can Impact be Moderate Potential Large Reduced by Impact Impact P Project Change? IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES []Yes []No []Yes []No []Yes []No ❑Yes n No 11. Will proposed action impact any site or structure of historic, prehistoric or paleontological Small to Can Impact be importance? Moderate Potential Large Impact Reduced by Q Yes FX No Impact Project Change? Proposed action occurring wholly or partially within or contiguous to any facility or site listed on or eligible for the National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action occurring wholly or partially within or contiguous to any site designated as a local landmark or in a landmark district. Other ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or Small to Page 12 0l 16 []Yes ❑ No []Yes [] No []Yes []No Dyes F] No Potential Large Can Impact be quality of existing or future open spaces or Moderate Impact Reduced 6 y recreational opportunities? Impact P Project DYes ®No Change? The permanent foreclosure of a future recreational opportunity. DYes []No A major reduction of an open space important to the community. Dyes D No Other impacts: Dyes D No CT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS ill the proposed action impact the tional or unique characteristics of a site ated as a unique natural area (UNA) or a Small to Can Impact e al environmental area (CEA)by a local or Moderate Potential Large Impact Reduced by P ject gency? Impact Change? s ®No FFthe sed Action to locate within a UNA or Dyes [] No sed Action will result in a reduction in the y of the resource []Yes D No sed Action will impact the use, function or ent of the resource Dyes D No Other impacts: [Yes DNo IMPACT ON TRANSPO RTATION —See Part III 14. Will there be an effect to existing Small to Can Impact be transportation systems? Moderate Potential Large Impact Reduced by Dyes 'No Impact Project Change? Alteration of present patterns of movement of people and /or goods. Dyes [] No Proposed action will result in major traffic problems. DYes ❑ No Other impacts: Dyes [] No IMPACT ON ENERGY 15. Will proposed action affect the Small to Can Impact be community's sources of fuel or energy Moderate Potential Large Impact Reduced by supply? Impact Project Change? Page 13 of 16 []Yes [g No Proposed action causing greater than 5% increase in any form of energy used in DYes No municipality. Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two DYes D No. family residences. Other impacts: Dyes []No IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration or electrical disturbance Small to during construction of or after completion of Moderate Potential Large Can Impact be Reduced this pro osed action? Impact Impact by Project Change? Dyes No Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Dyes D No Odors will occur routinely (more than one hour per day) Dyes D No Proposed action will produce operating noise exceeding the local ambient noise levels for Dyes L] No noise outside of structure. Proposed action will remove natural barriers that would act as a noise screen. Dyes D No Other impacts: Dyes D No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public Small to health and safety? Moderate Potential Large Can Impact be Reduced Dyes ® No Impact Impact by Project Change? Proposed action will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or Dyes D No upset conditions, or there will be a chronic low -level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. Toxic, Dyes D No Np 14 of 16 poisonous, highly reactive, radioactive, irritating, infectious, etc.) Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Proposed action will result in the handling or disposal or hazardous wastes (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi - solid, liquid or contain gases.) Storage facilities for 50,000 or more gallons of any liquid fuel. Use of any chemical for de- icing, soil stabilization or the control of vegetation, insects or animal life on the premises of any residential, commercial or industrial property in excess of 30,000 square feet. Otherimuacts: GROWTH AND CHARACTER OF COMMUNITY OR Ayes [] No DYes [] No DYes [] No Dyes DNo D No 18. Will proposed action affect the Small to character of the existing community? Moderate Potential Large Can Impact be Reduced by QYes QX No Impact Impact Project Change? The population of the City in which the proposed action is located is likely to grow by more than 5% of resident human ❑Yes D No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a Dyes [] No result of this proposed action. Proposed action will conflict with officially adopted plans or goals []Yes D No Proposed action will cause a change in the density of land use. DYes [] No The proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the Dyes [] No community. Pagc 15 of 16 Development will create a demand for additional community services (e.g. []Yes O No schools, police, and fire, etc. Proposed action will set an important precedent for future actions. ❑Yes O No Proposed action will relocate 15 or more employees in one or more businesses. Oyes O No Other impacts: Dyes O No 17. — uoulu puutc controversy concerning Small to the proposed action? Moderate ❑Yes FX No Impact Either government or citizens of adjacent communities have expressed opposition or rejected the proposed action or have not been contacted. Objections to the proposed action from within the community. Potential Large Can Impact be Reduced by Impact Project Change? DYes O No Oyes []No — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3. — Page 16 of 16 10.4 Adoption of the City of Ithaca Energy Action Plan 2012 Resolution WHEREAS, the City of Ithaca Common Council has demonstrated its desire and commitment to protect the environment by passing the following resolutions to: • Join the International Council for Local Environmental Initiatives (2001) • Endorse the US Mayors' Climate Protection Agreement (2005) • Adopt the Climate Smart Communities Pledge (2009), and WHEREAS, the above resolutions pledged that the City of Ithaca will take local action to achieve sustainability, energy conservation, and climate protection goals, and WHEREAS, in order to guide City actions and decision - making to achieve these goals, a Local Action Plan: to Reduce Greenhouse Gas Emissions for City of Ithaca Government Operations ( "Local Action Plan ") was developed and adopted by Common Council in July 2006, and WHEREAS, the Local Action Plan included a baseline inventory of City government greenhouse gas emissions, a 10 -year reduction target, and a number of recommended measures the City of Ithaca could take to accomplish such reductions, and WHEREAS, many of these measures have been implemented, or continue to be implemented by the City since the adoption of the Local Action Plan, however, no formal monitoring of the implementation measures have been done, and WHEREAS, the above resolutions and Local Action Plan commit to a continuous and evolving process, which monitors progress and reports results, updates plans and policies as needed, and considers new ideas and opportunities, and WHEREAS, the new Energy Action Plan 2012, which contains an updated greenhouse gas emissions inventory (2010) for government operations and a baseline inventory for community -wide emissions, monitors implemented measures, and recommends further steps the City of Ithaca can take to achieve its carbon reduction goals, is both a result and a crucial part of such evolving process, and WHEREAS, the information and strategies outlined in the new Energy Action Plan 2012 will further advance the City's ongoing efforts of environmental stewardship using methods that are economically feasible and socially equitable, and WHEREAS, the Energy Action Plan 2012 must have the support of the City of Ithaca at all levels of government to be successfully implemented, and WHEREAS, this support can be demonstrated at first by the City of Ithaca Common Council through the adoption of the Energy Action Plan 2012, and WHEREAS, in accordance with the City of Ithaca Code §176 -5 (26) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list ", this action does not require a City Environmental Quality Review (CEQR); now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the Energy Action Plan 2012, and be it further RESOLVED, That the City of Ithaca hereby endorses a goal of reducing community - wide greenhouse gas emissions from 2010 levels by 80% by 2050, and be it further RESOLVED, That the Mayor will work with department heads and city staff, members of the Local Action Plan Steering Committee, businesses, community groups, academic institutions, organizations, and other local governments to implement the plan and advance the City's environmental goals. 10.5 VVKtKtAS, the City of Ithaca Common Council is considering conveyance of 203 Third Street, Ithaca, NY (tax parcel #35. -5 -16) to be acquired through tax foreclosure proceedings to the Ithaca Urban Renewal Agency (IURA)) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval, and WHEREAS, the proposed conveyance of a 2,850 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance ( CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law species that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed conveyance to the Ithaca Urban Renewal Agency (IURA) of the above listed real property to be acquired through tax foreclosure. 10.6 WHEREAS, the City of Ithaca Common Council is considering conveyance of 203 Third Street, Ithaca, NY (tax parcel #35. -5 -16) to be acquired through tax foreclosure proceedings to the Ithaca Urban Renewal Agency (IURA)) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the conveyance or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ( "CEQR ") and an Unlisted Action under the State Environmental Quality Review Act ( "SEQR "), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form ( "SEAF") and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed conveyance to the Ithaca Urban Renewal Agency (IURA) of the 203 Third Street property acquired through tax foreclosure proceedings will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 10.7 W th WHEREAS, the City of Ithaca is in e process of acquiring the 203 Third Street property (tax parcel #35. -5 -16) by tax foreclosure through the City's Tax Foreclosure Proceeding filed with the Tompkins County Clerk, and WHEREAS, as of April 24, 2012, a total of $3,272.92 of City, School and County taxes were due on the 203 Third Street property, and WHEREAS, real property acquired by the City of Ithaca through foreclosure proceedings may be disposed of through auction or directed sale to another party without advertising for bids or public hearing, and WHEREAS, the City Chamberlain is authorized, without further Common Council action, to dispose of properties acquired through tax foreclosure through auction in conjunction with the County of Tompkins, which auction is scheduled for June, 2012, and WHEREAS, to properly market properties in the June auction, the City Chamberlain must submit properties to be sold by auction in early May, and WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to real property by virtue of a foreclosure proceeding under that statute to sell and convey the real property so acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law, and WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public auction to the highest bidder), and WHEREAS, the various methods available to dispose of property include (1) auction, (2) competitive RFP process, and (3) a directed sale to a non - profit organization for a specific end use, and each approach optimizes different public policy objectives such as increasing the tax base, expanding affordable housing opportunities, minimizing administrative effort & transaction costs, maximizing the purchase price, and transparency and perceived fairness of the process; and WHEREAS, given the parcel's small size and close proximity to existing single - family homes, the 203 Third Street property is most appropriate for development of detached, for -sale housing, and WHEREAS, public policy objectives are best achieved for disposition of 203 Third Street through a process that provides prospective buyers with an opportunity to submit proposals to acquire and redevelop the property through an open competitive RFP process; now, therefore, be it RESOLVED, That the City Chamberlain is directed to withhold 203 Third Street from the auction pending conveyance to the Ithaca Urban Renewal Agency (IURA), and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a property conveyance agreement for 203 Third Street with the Ithaca Urban Renewal Agency (IURA) for purposes of the (IURA) soliciting competitive proposals for purchase and development of the property for for -sale, taxable housing, with a sales price at least equal to pay all outstanding City, School and County taxes and any other City liens and all expenses of the City and (IURA) associated with the conveyance, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and provisions of the property conveyance agreement, is authorized to convey quit claim deed for 203 Third Street to the Ithaca Urban Renewal Agency (IURA). MIKI VVHtKtAS, the City of Ithaca Common Council is considering conveyance of 701 Cliff Street, Ithaca, NY (tax parcel #38. -3 -7) to be acquired through tax foreclosure proceedings to Tompkins Community Action, Inc. to be used to develop affordable housing as part of a YouthBuild project funded by the U.S. Department of Labor, and WHEREAS, if Tompkins Community Action's 2012 YouthBuild grant application is not funded, then the property will be conveyancered to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development subject to Common Council approval, and WHEREAS, the proposed conveyance of an approximately 12,600 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance ( CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed conveyance of the above listed real property to be acquired through tax foreclosure. 10.9 Authorization of Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure - Determination of Environmental Significance Resolution WHEREAS, the City of Ithaca Common Council is considering conveyance of 701 Cliff Street, Ithaca, NY (tax parcel #38. -3 -7) to be acquired through tax foreclosure proceedings to Tompkins Community Action Inc. (TCAction) to be used to develop affordable housing as part of a YouthBuild project funded by the U.S. Department of Labor, and WHEREAS, if TCAction's 2012 YouthBuild grant application is not funded, then the property will be conveyancered to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development subject to Common Council approval, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the conveyance or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ( "CEQR ") and an Unlisted Action under the State Environmental Quality Review Act ( "SEQR), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form ( "SEAF ") and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That Common Council hereby determines that the above - described proposed conveyance of the 701 Cliff Street property acquired through tax foreclosure proceedings will result in no signMicant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 10.10 Authorization of Conveyance to TCAction of 701 Cliff Street Property Acquired Through Foreclosure - Resolution WHEREAS, the City of Ithaca is in the process of acquiring the 701 Cliff Street property (tax parcel #38. -3 -7) by tax foreclosure through the City's Tax Foreclosure Proceeding filed with the Tompkins County Clerk, and WHEREAS, as of April 24, 2012, a total of $9,780.57 of City, School and County taxes were due on the 701 Cliff Street property, and WHEREAS, real property acquired by the City of Ithaca through foreclosure proceedings may be disposed of through auction or directed sale to another party without advertising for bids or public hearing, and WHEREAS, the City Chamberlain is authorized, without further Common Council action, to dispose of properties acquired through tax foreclosure through auction in conjunction with the County of Tompkins, which auction is scheduled for June, 2012, and WHEREAS, to properly market properties in the June auction, the City Chamberlain must submit properties to be sold by auction in early May, and WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to real property by virtue of a foreclosure proceeding under that statute to sell and convey the real property so acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law, and WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public auction to the highest bidder), and WHEREAS, the various methods available to dispose of tax foreclosed property include (1) auction, (2) competitive RFP process, and (3) a directed sale to a non - profit organization for a specific end use, and each approach optimizes different public policy objectives such as increasing the tax base, expanding affordable housing opportunities, minimize administrative effort and transaction costs, maximizing the purchase price, and the transparency and perceived fairness of the process; and WHEREAS, Tompkins County Action, Inc. (TCAction) intends to submit a YouthBuild grant application to the U.S. Department of Labor that is due on May 8, 2012, and WHEREAS, in YouthBuild programs, low- income young people ages 16 to 24 work full - time for 6 to 24 months toward their GEDs to high school diplomas while learning job skills by building affordable housing, and WHEREAS, TCAction requires site control of a residential site to be competitive in the YouthBuild grant application, and WHEREAS, utilization of 701 Cliff Street as a YouthBuild site for creation of affordable housing while young people learn job skills and earn GEDs or high school diplomas serves a public purpose, and WHEREAS, providing site control of 701 Cliff Street to TCAction significantly enhances the strength of their YouthBuild grant application that will assist residents of the City of Ithaca; now, therefore, be it RESOLVED, That the City Chamberlain is directed to withhold 701 Cliff Street from the auction, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a sale agreement for 701 Cliff Street with Tompkins County Action, Inc. subject to the following terms: Sales price - an amount sufficient to pay all outstanding City, School and County taxes and any other City liens due and all out -of- pocket expenses associated with conveyance; Land use — development of affordable housing as part of a YouthBuild project Seller contingency - sale is contingent upon approval of TCAction's 2012 YouthBuild grant application, and be it further RESOLVED, That if the seller contingency is not satisfied, then 701 Cliff Street shall be conveyancered to the Ithaca Urban Renewal Agency (IURA) for the purpose of soliciting competitive proposals for purchase and development of the property for multiple unit residential development, preferably affordable and preferably for -sale units, with a sales price at least equal to pay all outstanding City, School and County taxes and any other City liens due and all expenses of the City and Ithaca Urban Renewal Agency (IURA) associated with conveyance, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and provisions of the sales agreement, is authorized to convey quit claim deed of 701 Cliff Street. 10.11 WHEREAS, the City of Ithaca Common Council is considering conveyance of 116 N. Titus Avenue, Ithaca, NY (tax parcel #93.-3-4) to be acquired through tax foreclosure proceedings to Ithaca Neighborhood Housing Services, Inc. (INNS) to be used as for - sale, affordable housing under the Community Housing Land Trust program, and WHEREAS, the 116 N. Titus Avenue property contains a single - family dwelling on an approximately 4,062 sq. ft. parcel located in the R -3a zoning district, and WHEREAS, the proposed conveyance of less than 2.5 acres of land is an Unlisted action under the City Environmental Quality Review Ordinance ( CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That Common Council does hereby declare itself Lead Agency for the environmental review of the proposed conveyance of the above listed real property to be acquired through tax foreclosure. 10.12 WHEREAS, the City of Ithaca Common Council is considering conveyance of 116 N. Titus Avenue, Ithaca, NY (tax parcel #93.-3-4) to be acquired through tax foreclosure proceedings to Ithaca Neighborhood Housing Services, Inc. (INNS) to be used as for - sale, affordable housing under the Community Housing Land Trust program, and WHEREAS, the 116 N. Titus Avenue property contains a single - family dwelling on an approximately 4,048 sq. ft. parcel located in the R -3a zoning district, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the conveyance or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ( "CEQR ") and an Unlisted Action under the State Environmental Quality Review Act ( "SEQR "), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form ( "SEAF ") and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That Common Council hereby determines that the above - described proposed conveyance of the 116 N. Titus Avenue property acquired through tax foreclosure proceedings will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 10.13 WHEREAS, the City of Ithaca Common Council is considering conveyance of 116 N. Titus Avenue, Ithaca, NY (tax parcel #93. -3-4) to be acquired through tax foreclosure proceedings to Ithaca Neighborhood Housing Services, Inc. (INHS) to be used as for - sale, affordable housing under the Community Housing Land Trust program, and WHEREAS, the 116 N. Titus Avenue property contains a single - family dwelling on an approximately 4,062 sq. ff. parcel located in the R -3a zoning district, and WHEREAS, as of April 24, 2012, a total of $26,545.67 of City, School and County taxes were due on the 116 N. Titus Avenue property, and WHEREAS, real property acquired by the City of Ithaca through foreclosure proceedings may be disposed of through auction or directed sale to another party without advertising for bids or public hearing, and WHEREAS, the City Chamberlain is authorized, without further Common Council action, to dispose of properties acquired through tax foreclosure through auction in conjunction with the County of Tompkins, which auction is scheduled for June, 2012, and WHEREAS, to properly market properties in the June auction, the City Chamberlain must submit properties to be sold by auction in early May, and WHEREAS, Section 1166(1) of New York Real Property Tax Law authorizes a taxing jurisdiction vested with title to real property by virtue of a foreclosure proceeding under that statute to sell and convey the real property so acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law, and WHEREAS, Section 1166(2) of the New York Real Property Tax Law further provides that no such sale shall be effective unless and until such sale shall have been approved and confirmed by a majority vote of the governing body of the taxing jurisdiction (except that no such approval shall be required when the property is sold at a public auction to the highest bidder), and WHEREAS, the various methods available to dispose of property include (1) auction, (2) competitive RFP process, and (3) a directed sale to a non - profit organization for a specific end use, and each approach optimizes different public policy objectives such as increasing the tax base, expanding affordable housing opportunities, minimizing administrative effort & transaction costs, maximizing the purchase price, and transparency and perceived fairness of the process; and WHEREAS, tax assessment records indicate this property has been predominantly an owner - occupied home, and WHEREAS, Ithaca Neighborhood Housing Services (INHS) has requested an opportunity to purchase the property for use as an affordable, owner - occupied home at a price significantly above the amount of unpaid taxes, and WHEREAS, public policy objectives are best achieved for disposition of 116 N. Titus Avenue by conveying this property to a purchaser who will commit to reinvest in the property for an owner - occupied, affordable single - family home; now, therefore, be it RESOLVED, That the City Chamberlain is directed to withhold 116 N. Titus Avenue from the auction pending conveyance to the Ithaca Urban Renewal Agency (IURA), and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a sales agreement for 116 N. Titus Avenue subject to the following terms: Purchaser— Ithaca Neighborhood Housing Services, Inc. Sale price — $125,400 Land use — affordable, for -sale home enrolled in the Community Housing Land Trust to ensure permanent affordability Deed — quit claim deed, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and provisions of the property sales agreement, is authorized to convey quit claim deed for 116 N. Titus Avenue to Ithaca Neighborhood Housing Services (INHS). CITY SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information: To be completed by applicant or project sponsor. Date: 4/16/12 bct J, 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Common Council Transfer to INNS of 116 N. Titus Ave. Property Acquired Through Foreclosure 3. Project Location: 116 N. Titus Avenue 4. Is Proposed Action: X New o Expansion o Modification /Alteration 5. Describe project briefly: Convey quit claim deed of foreclosed vacant residential property to Ithaca Neighborhood Housing Services Inc. (INNS) for affordable, homeownership use 6. Precise Location (Road Intersections, Prominent Landmarks, etc. or provide map) 116 N. Titus Avenue, Ithaca, NY, located between S. Cayuga St. & S. Geneva St. (Tax parcel N 93.-3-4) 7. Amount of Land Affected: Initially 4,048 Sq. Ft. Ultimately 4,048 Sq. Ft. 8. Will proposed action comply with existing zoning or other existing land use restrictions? X Yes o No If No, describe briefly: 9. What is present land use in vicinity of project: X Residential o Indush ial o Agricultural o Parkland /Open Space o Commercial o Other Describe: Parcel is located In a residential neighborhood. 10. Does action involve a permit /approval, or funding, now or ultimately, from governmental agency (Federal, State or Local): X Yes o No If Yes, List Agency Name and Permit/Approval Type: City of Ithaca Common Council approval for conveyance. 11. Does any aspect of the action have a currently valid permit or approval? o Yes X No If Yes, List Agency Name and Permit /Approval Type: 12. As a result of proposed action will existing permit /approval require modification? o Yes X No I certify that the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: ../ DATE:April 16, 2012 PREPARER'S TITLE: Nels Bohn, D115JAor of Community Development REPRESENTING: Ithaca Urban Renewa Agency j:\ staff \nels\nelsNniscellaneous \iura \property disposition \city tax foreclosures @012 \city seaf form - 116 n titus ave.doc SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff Qmne of Project: . ransfer to INHS of 116 N. Titus Avenue Property Acquired Through Foreclosure 1. Will project result in a large physical change to the project site or physically alter ❑ V more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ ■ site designated a unique natural area or critical envirmunental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? ❑ ■ 4. Will the project have an impact on groundwater quality? ❑ ■ 5. Will the project affect drainage flow on adjacent sites? ❑ 0 6. Will the project affect any threatened or endangered plant or animal species? ❑ ■ 7. Will the project result in an adverse effect on air quality? ❑ ■ 8. Will the project have an effect on visual character of the commrmity or scenic views ❑ ■ or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre - historic, or ❑ ■ paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ ■ 11. Will the project result in traffic problems m cause a major effect to existing ❑ ■ transportation systems? 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical ❑ ■ disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? ❑ ■ 14. Will the project affect the existing community by directly causing a growth in ❑ ■ permanent populations of more than 5 percent over a one -year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? ❑ in If any question has been answered YES, a complet Full Environmental Assessment Form (FEAF) is necessary. PREPAREWS SIGNATURE: DATE: 4/16/12 PREPARER'S TITLE: Nels Bohn, Director ofrCommunity Development REPRESENTING: Ithaca Urban Renewal Agency jastaff\nels\nclsI \miscellaneous \iura\property disposition \city tax faeclosures\2012\seaf part ii -116 titus.doc 10.14 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 213 -215 W. Spencer Street Prooerty - Declaration of Lead Agency - Resolution WHEREAS, the City of Ithaca Common Council is considering conveyance of 213 -215 W. Spencer Street, Ithaca, NY (tax parcels #93. -7 -3 & 93.- 3 -5.1) to the Ithaca Urban Renewal Agency (IURA)) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit competitive proposals for purchase and development of the property and develop a proposed property disposition for Common Council approval, and WHEREAS, the proposed conveyance of an approximately 20,700 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance ( CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That Common Council does hereby declare itself Lead Agency for the environmental review of the proposed conveyance to the Ithaca Urban Renewal Agency (IURA) of the above listed real property. 10.15 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 213 -215 W. Spencer Street Property - Determination of Environmental Significance - Resolution WHEREAS, the City of Ithaca Common Council is considering conveyance of 213 -215 W. Spencer Street, Ithaca, NY (tax parcels #93. -7 -3 & 93.- 3 -5.1) to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development, and WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will solicit competitive proposals to purchase and develop the property for a residential use and develop a proposed property disposition for Common Council approval, and WHEREAS, on May 2, 2012, Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the conveyance or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ( "CEQR ") and an Unlisted Action under the State Environmental Quality Review Act ( "SEQR "), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form ( "SEAF") and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That Common Council hereby determines that the proposed conveyance to the Ithaca Urban Renewal Agency (IURA) of the 213 -215 W. Spencer Street property will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 10.16 Authorization of Conveyance to Ithaca Urban Renewal Agency (IURA) of 213 -215 W. Spencer Street Property - Resolution WHEREAS, the City of Ithaca Common Council is considering conveyance of 213 -215 W. Spencer Street, Ithaca, NY (tax parcels #93.-7-3 & 91- 3 -5.1) to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for residential development, and WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest marketable price at public auction or by sealed bid, and WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to dispose of real property through the Ithaca Urban Renewal Agency (IURA) to a qualified and eligible sponsor (aka preferred developer) to a preferred developer (aka a "qualified and eligible sponsor ") at a negotiated sales price for a specific end use. A public hearing must be held on any Ithaca Urban Renewal Agency (IURA) - proposed property sale following publication of a notice disclosing the terms of the sale and Common Council approval of the proposed sale is required, and WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City properties, so purchase price is a consideration in selecting the method of disposition, and WHEREAS, Common Council has an interest in post -sale use of the property to enhance the City's tax base, expand the supply of affordable housing, and compatibility with the surrounding neighborhood, and WHEREAS, public policy objectives are best achieved for disposition of 213 -215 W. Spencer Street through a process that provides prospective buyers with an opportunity to submit proposals to acquire and develop the property through an open competitive RFP process; now, therefore, be it RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a property conveyance agreement for 213 -215 W. Spencer Street with the Ithaca Urban Renewal Agency (IURA) for purposes of the Ithaca Urban Renewal Agency (IURA) soliciting competitive proposals for purchase and development of the property with the following guidance: • Sales price: seek fair market value • Use: compatible multi -unit residential development, including affordable housing if feasible • Tenure: for -sale or rental housing • Taxable status: taxable, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and provisions of the property conveyance agreement, is authorized to convey quit claim deed for 213 -215 W. Spencer Street to the Ithaca Urban Renewal Agency (IURA). 10.17 WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY (tax parcel #122.-2-1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and WHEREAS, the proposed conveyance of an approximately 18,800 sq. ft. parcel of land is an Unlisted action under the City Environmental Quality Review Ordinance ( CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That Common Council does hereby declare itself Lead Agency for the environmental review of the proposed sale of 321 Elmira Rd. by public auction or an alternative authorized method to achieve a sale at the highest marketable price. 301 U it 10017 Tompkins County DEPARTMENT OF PLANNING i)I Cast cuu, t Strcer Ithaca, Nc}v:l'orlc. 14850 Edward C. Marx, AICP Commissioner of Planning Telephone (607) 274 -5560 and Community Sustainability Fax (607) 274 -5578 April 18, 2012 Ms. Jennifer Kusmir, Economic Development Planner City of Ithaca 108 East Green Street Ithaca, NY 14850 Re: Environmental Review of Proposal to Sell Surplus City of Ithaca Land at 321 Elmira Road Dear Ms. Kusznir: Thank you for offering us the opportunity to comment on the environmental review for the above referenced action. The Department offers the following comments regarding the review of this project: • We recommend that the City reconsider the sale of this property as it appears to be near the confluence of three drainage ways and half of the parcel falls within the 500 -year floodplain. As is noted in the 2011 NYSERDA Responding to Climate Change in New York State report (htl of /wwwmyscrdanyitov/Publicatio s/Re arch- and- Developmmt/Envronmentai/EMEP- Publications /Response- to- Climate-Chan¢e -in- New- York.asox), average annual precipitation is projected to increase by up to 15% in the next century, thereby putting parcels like this at increased risk. Alternatively, this could be a valuable location to implement a green infrastructure approach to stormwater management. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx, AICP Commissioner of Planning and Community Sustaimbility Inclusion through awrsity 10.18 Authorization of Sale of 321 Elmira Road Property for Highest Marketable Price - Determination of Environmental Significance - Resolution WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY (tax parcel #122. -2 -1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the conveyance or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance ( "CEQR ") and an Unlisted Action under the State Environmental Quality Review Act ( "SEQR "), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form ( "SEAF) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed sale of 321 Elmira Road, Ithaca, NY by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. 10.19 Authorization of Sale of 321 Elmira Road Property for Highest Marketable Price - Resolution WHEREAS, the City of Ithaca Common Council is considering sale of 321 Elmira Road, Ithaca, NY (tax parcel #122. -2 -1) by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest marketable price at public auction or by sealed bid, and WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to dispose of real property through the Ithaca Urban Renewal Agency (IURA) to a qualified and eligible sponsor (aka preferred developer) to a preferred developer (aka a "qualified and eligible sponsor ") at a negotiated sales price for a specific end use. A public hearing must be held on any Ithaca Urban Renewal Agency (IURA) proposed property sale following publication of a notice disclosing the terms of the sale and Common Council approval of the proposed sale is required, and WHEREAS, the 2012 City budget includes revenues of $120,000 from the sale of City properties, so purchase price is a consideration in selecting the method of disposition, and WHEREAS, public policy objectives are best achieved for disposition of 321 Elmira Rd. by seeking the highest marketable price; now, therefore, be it RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into agreements to dispose of 321 Elmira Rd. by public auction or an alternative authorized disposition method to achieve a sale at the highest marketable price, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is authorized to convey a quit claim or warranty deed for 321 Elmira Rd. for a sale at the highest marketable price. 10.20 Authorization of Subdivision and Conveyance to Ithaca Urban Renewal Agency (IURA) of 6 Acre Parcel at the Southerly End of Cherry Street - Declaration of Intent to be Lead Agency - Resolution WHEREAS, the City of Ithaca Common Council is considering conveyance of a 6 acre portion of the 8.25 acre parcel located at the southerly end of Cherry Street (tax parcel #100.- 2 -1.2) to the Ithaca Urban Renewal Agency (IURA) to issue an RFP for sale of the property to a purchaser committing to undertake an economic development project, and WHEREAS, the proposed subdivision will result in a 6 acre portion directly accessible to Cherry Street (Parcel A) to be conveyancered to the Ithaca Urban Renewal Agency (IURA) and a remainder parcel of approximately 2.25 acres (Parcel B) to be retained by the City, as further shown on a "Survey Map Showing Lands Owned by the City of Ithaca Located at Southerly End of Cherry Street", prepared by T.G. Miller P.C., dated March 5, 2012, and WHEREAS, the proposed subdivision and conveyance of an approximately 6 acres of land is a Type I action under the City Environmental Quality Review Ordinance ( CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the City of Ithaca Planning & Development Board is an involved agency that has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare its Intent to Declare Itself Lead Agency for the environmental review of the proposed subdivision and conveyance a portion of City -owned land at the southerly end of Cherry Street to the Ithaca Urban Renewal Agency (IURA). 15. MAYOR'S APPOINTMENTS: 15.1 Appointment to Ithaca Urban Renewal Agency Board - Resolution RESOLVED, That Eric Rosario be appointed to the Ithaca Urban Renewal Agency Board to replace Doug Dylla. 15.2 Appointments to Bicycle Pedestrian Advisory Council — Resolution RESOLVED, That Matthew Freedman be reappointed to the Bicycle Pedestrian Advisory Council with a term to expire December 31, 2013, and be it further RESOLVED, That Garin Danner be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2012. 15.3 Appointments to Board of Fire Commissioners - Resolution RESOLVED, That George McGonigal be appointed to the Board of Fire Commissioners to fill a vacancy with a term to expire June 30, 2013, and be it further RESOLVED, That Lyman E. Baker be appointed to the Board of Fire Commissioners to fill a vacancy with a term to expire June 30, 2014 15.4 Appointment to Civil Service Commission —Resolution RESOLVED, That Catherine Thompson be reappointed to the Civil Service Commission with a term to expire May 31, 2017, and be it further 15.5 Appointment to Conservation Advisory Council —Resolution RESOLVED, That Carrie J. Randall be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2014. 15.6 Appointments to Rental Housing Advisory Commission Resolution RESOLVED, That Patricia Sipman be reappointed to the Rental Housing Advisory Commission with a term to expire December 31, 2012, and be it further RESOLVED, That Katrinka Jackson be appointed to the Rental Housing Advisory Commission to replace Danielle Harrington with a term to expire December 31, 2012, and be it further RESOLVED, That Mitch Paine be appointed to the Rental Housing Advisory Commission to replace David Gersh with a term to expire December 31, 2013, and be it further RESOLVED, That Ayana Richardson be appointed to the Rental Housing Advisory Commission to replace Joe Schill with a term to expire December 31, 2014, and be it further RESOLVED, That Monica Moll be appointed to the Rental Housing Advisory Commission to replace David Breeden with a term to expire December 31, 2014, and be it further RESOLVED, That Richard Cowan be appointed to the Rental Housing Advisory Commission to replace Allen Miller with a term to expire December 31, 2013, and be it further RESOLVED, That Rob Flaherty be appointed to the Rental Housing Advisory Commission to replace Joyce Muchan with a term to expire December 31, 2013, and be it further 15.7 Appointment to Shade Tree Advisory Council — Resolution RESOLVED, That Barbara Neal be appointed to the Shade Tree Advisory Council to fill a vacancy with a term to expire December 31, 2014.