HomeMy WebLinkAbout04-02-14 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, April 2, 2014, at
6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca,
New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS /AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update from City of Ithaca Youth Council
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Woody's Ladybugs Restaurant Alcohol Permit Request - Resolution
City Administration Committee:
8.2 City Attorney's Office Approval of Revised Deductible in Settlement of Perialas,
LLC et al. v. City of Ithaca et al. - Resolution
8.3 An Ordinance to Amend The City Of Ithaca Municipal Code Chapter 86,
Entitled "Parks Commission" to Amend the Commission Membership
8.4 DPW - Request to Amend Budget to Treat Hemlock Trees in City Cemetery —
Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 IPD - Request to Amend 2014 IPD Budget — K9 Unit Grant - Resolution
9.2 TIGER Grant Resolution
9.3 2015 Budget Schedule Tentative Dates - Discussion
9.4 City Controller's Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
No Items Submitted for the Agenda
11. REPORTS OF SPECIAL COMMITTEES:
Common Council Meeting Agenda
April 2, 2014
Page 2
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
14. MAYOR'S APPOINTMENTS:
14.1 Appointments to Ithaca Landmarks Preservation Commission — Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the February 19, 2014 Regular Common Council Meeting
Minutes — Resolution
18.1 Approval of the March 5, 2014 Regular Common Council Meeting
Minutes — Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274 -6570 at least 48
hours before the meeting.
Conley Holcomb, CIVIC
City Clerk
Date: March 27, 2014
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Woody's Ladybugs Restaurant Alcohol Permit Request - Resolution
WHEREAS, Woody's Ladybugs Restaurant has requested permission to utilize certain
areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Woody's Ladybugs Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Woody's Ladybugs
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
8. CONSENT AGENDA ITEMS CONTINUED:
City Administration Committee:
8.2 City Attorney - Approval of Revised Deductible in Settlement of Perialas,
LLC et al. v. City of Ithaca et al. - Resolution
WHEREAS, the matter of Perialas, LLC et al. v. City of Ithaca et al., Civil Action No.
5:13 -CV- 1155, regards a dispute between the City and the owners of property,
including a sound recording studio, adjacent to the Clinton St. bridge; and
WHEREAS, following negotiation between the parties, the Perialas' agreed to settle all
disputes between the parties in exchange for a payment of $85,000; and
WHEREAS, on March 5, 2014, the Common Council adopted a resolution approving
this $85,000 settlement premised upon the City's insurer contributing $65,000 of this
settlement cost and the City contributing the remaining $20,000; and
WHEREAS, the City's insurer has since clarified that the applicable deductible under
the relevant insurance policy is in fact $25,000, leaving the insurer to cover $60,000 of
the total settlement amount; now, therefore be it
RESOLVED, That Common Council hereby amends its March 5 approval of this
settlement so as to authorize the payment to the City's insurer of an amount not to
exceed $25,000, namely the applicable deductible under the operative insurance policy,
in lieu of the $20,000 payment previously authorized, and be it further
RESOLVED, That said $25,000 deductible shall be derived as follows: From account
A1930 -5700: $24,000, From Account A1930 -5000: $1,000 and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor and the City
Controller, upon the advice of the City Attorney, to execute all documents and payments
necessary to implement the settlement referenced herein.
8.3 An Ordinance to Amend The City Of Ithaca Municipal Code, Chapter 86,
Entitled "Parks Commission" to Amend the Commission Membership
WHEREAS, the City of Ithaca Parks Commission was established in 1991 to advise the
Board of Public Works, Common Council and other City boards and commissions on
issues relating to City- owned parks and open spaces, and
WHEREAS, the Parks Commission was established to consist of nine members,
including members of several specific organizations, and
WHEREAS, the majority of these specified organizations are no longer active, and the
current requirements do not reflect the composition of the Parks Commission over the
past several years, and
WHEREAS, it has been difficult to maintain a membership of nine on the Parks
Commission and membership typically consists of seven or fewer individuals; now,
therefore,
ORDINANCE NO. 2014-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 86 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 86, Section 86 -4 of the Municipal Code of the City of Ithaca is
hereby amended to read as follows:
§ 86 -4. Membership.
A. The Commission shall consist of seven n�Re members, all of whom are
appointed by the Mayor, subject to the approval of Common Council, and four 213 of
whom must be City residents.
(1) One member shall represent Cornell Cooperative Extension's Community
Beautification Proaram. One membeF shall be Ghesen fFGFn eaGh of the following
Gommi#ee the a Tree A ni Committee and the Recreation Gemmittee of the
Youth Bureau.
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(2) Four seven members shall represent, through specific training or equivalent
background and active interest, the fields of landscape architecture, historic
preservation or local history, horticulture, general ecology, tourism, and recreation.
(3) Two members shall be at -large members representing the general community.
B. Ex officio members (non- voting) of the Commission shall include a member of
the Common Council, a member of the Dlanninn and Development BeaFd, a member of
the Board of Public Works, the City Forester or his /her designee, the Director of
Planning, Building, Zoning, & Economic Development or his/her designee, and the
Recreation GeAFdinatAF Facilities Director of the Youth Bureau or his /her designee
Each ex
officio member representing a particular group shall be chosen by his /her constituent
group.
Section 2. Chapter 86, Section 86 -7 of the Municipal Code of the City of Ithaca is
hereby amended to read as follows:
§ 86 -7. Quorum; meetings.
A. A quorum for the transaction of business shall consist of four five of the
Commission members, and but it shall require an affirmative vote of a majority of the
body to decide on new policy issues.
B. The Commission shall meet at least monthly. Meetings may be held at any time
on the written request of any two Commission members or at the call of the Chairperson
or Mayor.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
hCITY OF ITHACA /�- LEkf
08 East Green Street — 3rd Floor Ithaca, New York 14850 -5690 (�(,j-�, U
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
"Telephone: Planning & Development – 607 - 274 -6550 Community Development/IURA – 607- 274 -6559
Email: dgrunder acityofithaca.org Email: Tura dcityofithaca.org
Fax: 607 -274 -6558 Fax: 607 - 274 -6558
TO: City Administration Committee
FROM: Megan Wilson, Planner
DATE: March 11, 2014
RE: Proposal to Amend Parks Commission Membership
The City of Ithaca Parks Commission was established in 1991 to advise the Board of Public Works,
Common Council and other City boards and commissions on issues relating to City -owned parks and
open spaces. The Commission's membership was established to include nine members, including
several representatives of specific organizations. Since that time, many of these organizations have
dissolved, but the membership criteria of the Commission still require representatives of these groups.
Additionally, it has been very challenging to maintain a membership of nine Commissioners, and the
Commission typically consists of seven or fewer individuals. Therefore, the Parks Commission would
like to amend their membership to include seven members, only one of whom will represent a specific
organization.
The proposed amendment to Chapter 86, Parks Commission, of the City Municipal Code is attached
for your review. If you have any questions or comments, please contact me at 274 -6560 or
mwilsonocityofithaca.or#;.
8.4 DPW - Request to Amend Budget to Treat Hemlock Trees in City Cemetery -
Resolution
WHEREAS, the City of Ithaca Cemetery has 128 Eastern Hemlock trees, some of which
date back to the creation of the Cemetery, and
WHEREAS, Hemlock Wooly Adelgid is a non - native invasive insect which can cause
death to native Eastern Hemlock trees in 4 years or less and infestation of many of the
trees in the City Cemetery has been confirmed, and
WHEREAS, there is no known natural resistance to the insect among Eastern Hemlock
trees in the North Eastern United States and the infestation of the trees in the City
Cemetery will result in the eventual death of all the hemlock trees, and
WHEREAS, there are pesticide treatment options that have shown to be effective in
reducing the infestation of the insects and allowing for the recovery of the infested tree,
and
WHEREAS, the City Forester recommends a treatment of the hemlock trees in the City
Cemetery using a combination of dinotefuran and imidacloprid, applied directly to
infested trees to reduce the infestation and protect the trees for 7 or more years, and
WHEREAS, the infestation will be monitored on an annual basis and treatment may
again be needed in 7 or more years, and
WHEREAS, the treatment plan will cost approximately $9,000 and there is currently
$3,000 in the 2014 budget to pay for a portion of the treatment plan; now therefore, be it
RESOLVED, That Common Council hereby approves of a transfer not to exceed $6,000
from A1990 Unrestricted Contingency to Account A8810 -5435 Cemetery Contracts for
the purpose of the treatment of the Eastern Hemlock trees in the City Cemetery.
CITY OF ITHACA ba& JU l ���� 245 Pier Rd., Ithaca, New York 14850 U `
DEPARTMENT OF PUBLIC WORKS, STREETS & FACILITIES
Telephone: 607/272 -1718 Fax: 607/272 -4374
MEMORANDUM
TO: City Administration
FROM: Jeanne Grace — City Forester
DATE: 3/17/2014
RE: Hemlock Wooly Adelgid in City Cemetery — funding for treatment
Background:
Hemlock Wooly Adelgid is a non - native invasive insect. It acts to harm the tree by attaching at
the base of the needles and sucking nutrient rich sap from the tree. A heavy HWA infestation can
kill a mature tree in a little as 4 years. Treatment of infested trees with insecticides has been
shown to be effective in reducing the infestation and allowing for recovery of the tree.
The City of Ithaca Cemetery is 17.76 acres and the hemlock trees are spread thorough out the
area. There are 128 Eastern Hemlock (Tsuga canadensis) trees in the City Cemetery totaling
2227 diameter inches. The trees vary in size and age but there are many individual trees that
probably date back to the creation of the cemetery.
The trees were inspected in 2011. Despite confirmed infestation of trees adjacent to the
Cemetery in Cascadilla Gorge, there was no detectable infestation of HWA in the city cemetery.
Survey was again done in 2013 and most trees inspected were confirmed infested with HWA.
If we allow infestation to progress naturally. There is no known natural resistance in Eastern
Hemlock. We could either wait until tree death or proactively begin removing trees. Tree
removal in this area is difficult due to the surrounding historic gravestones. Removal of all trees
would be in the l Os of thousands of dollars.
I recommend treatment of the most heavily infested trees with a combination of two pesticides,
one that will act to kill the insects this year (dinotefuran) and one that will provide long term
protection (7+ years) (imidacloprid) . The less heavily infested trees will only get the long term
pesticide (imidacloprid).
The products will be sprayed onto the lower 5 feet of tree trunk. The chemicals are absorbed into
the tree through the bark. This is a systemic insecticide. This option is applied directly to the tree
and poses little risk of non target trees taking up the chemical. Cost for application of the
combination of pesticides for the heavily infested trees is $4.50 -$5 per diameter inch of truck
and the single application for the less infested trees is approx $2.50 - $3 per inch of diameter.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Total cost to treat the trees in the cemetery will be approx $9000. There is already $3000
available in the 2014 budget so an additional $6000 is needed to protect these trees. The
infestation will be monitored and treatment may again be needed in 7 -10 years. This will not be
an annual cost.
Jeanne Grace
City Forester
607- 272 -1718
9. CITY ADMINISTRATION COMMITTEE:
9.1 IPD - Request to Amend 2014 IPD Budget — K9 Unit Grant - Resolution
WHEREAS, the Ithaca Police Department (IPD) recently received a U.S. Department of
Homeland Security's State Homeland Security grant as part of the 2013 Explosive
Detection Canine Team Grant Program in the amount of $60,000 to allow for the start-
up of an IPD Canine Program, and
WHEREAS, the Ithaca Police Department also has received $28,235 in private
donations to assist with the start-up costs to the new Canine Program, and
WHEREAS, this Canine Team will be trained to be utilized in building searches, suspect
apprehension, explosive detection and search for missing persons, and
WHEREAS, we need to amend the 2014 Ithaca Police Department to account for the
Homeland Security grant and the private donations for the new Canine Program; now
therefore, be it
RESOLVED, That Common Council hereby amends the 2014 authorized Police
Department Budget in an amount not to exceed $88,235 to account for the $60,000
U.S. Department of Homeland Security Grant and the $28,235 in private donation for
the IPD Canine Program as follows:
Increase Revenue Accounts:
A3120- 2705 -5021 Police Gifts and Donations $28,235
A3120- 4320 -5021 Police Public Safety Federal Aid 60,000
$88,235
Increase Appropriations Accounts:
A3120- 5125 -5021
Police Canine Overtime
$10,000
A3120- 5225 -5021
Police Canine Other Equipment
4,000
A3120- 5215 -5021
Police Canine Vehicles
31,500
A3120- 5435 -5021
Police Canine Contracts
13,235
A3120- 5440 -5021
Police Canine Staff Development
8,000
A3120- 5460 -5021
Police Canine Program Support
11,500
A3120- 5476 -5021
Police Canine Equipment Maintenance 5,000
A3120- 5477 -5021
Police Canine Equipment Parts
5,000
$88,235
9.2 Request to Approve Funding Match for TIGER VI (Transportation Investment
Generating Economic Recovery) Grant Application - Resolution
WHEREAS, the United States Department of Transportation (USDOT) has announced
the availability of 600 million dollars in the TIGER VI Discretionary Grants (TIGER IV)
program, which notice was published in the Federal Register on January 17, 2014, and
WHEREAS, in 2012, City staff identified the Intermodal Transportation Hub -
Accelerating Community Access (ITH -ACA) project, which included a complete
reconstruction of the Ithaca Commons as the major intermodal transportation hub in the
area, and
WHEREAS, in 2012 the City applied for and was successful in obtaining a Federal
Transit Agency State of Good Repair grant, in the amount of 4.5 million dollars, and a
New York State Empire State Development Grant in the amount of 1.8 million dollars, to
begin Phase 1 of the ITH -ACA project, and
WHEREAS, the City is currently undertaking Phase I Commons reconstruction, and is
continuing to develop plans for subsequent phases of the ITH -ACA project in order to
enhance the transit network, improve interconnectivity between the downtown transit
hub and Cornell, the region's major educational and employment center, as well as
facilitate economic development, improve public transit reliability, and make
transportation more accessible for all economic classes, and
WHEREAS, the City is interested in applying for a TIGER VI grant in order to obtain
funding for the second phase of the ITH -ACA project, and
WHEREAS, City Planning and Engineering staff are preparing an application that will
include, but not be limited to, the following components:
• Upgrades to the public transit network that include intelligent transportation
system (ITS) upgrades which would allow for remote real -time transit information,
and
• A complete reconstruction of College Avenue and Cayuga Street, including,
wider sidewalks, enhanced opportunities for outdoor commerce, and safer transit
routes that reduce conflicts of parked vehicles and bus and vehicular traffic, and
• Enhancements to the Transit Network, including new bus shelters at the Albany
Street and State Street Stations, queue jumping, signal preemption, upgrades to
buses, and signals that allow for more reliable bus route times, and
• A complete reconstruction of the major transit routes along the Stewart Avenue
Corridor and Albany Street, including maintaining the historic brick pavers on
Stewart Avenue.
WHEREAS, the Phase II components of the ITH -ACA project are expected to make a
large investment in the transportation system that will help maintain a state of good
repair for major transit routes, enhance pedestrian networks, increase livability and
sustainability, encourage and support economic growth and activity, and improve and
enhance connectivity between downtown and Cornell University, and
WHEREAS, State of New York and City of Ithaca environmental quality review laws and
regulations define as "Type II" (i.e., exempt from environmental review) actions that
involve "conducting concurrent environmental, engineering, economic, feasibility and
other studies and preliminary planning and budgetary processes necessary to the
formulation of a proposal for action, provided those activities do not commit the agency
to commence, engage in or approve such action "; now, therefore, be it
RESOLVED, That, as a preliminary step intended to determine the economic feasibility
of transportation improvements, including those listed above, the Mayor of the City of
Ithaca, or his designee, is hereby authorized to submit a TIGER VI application for
funding to the United States Department of Transportation in accordance with the
provisions of the Notice of Funds Available, and be it further
RESOLVED, That, upon approval of such request, the City shall conduct environmental
review as required, for the projects proposed to be undertaken pursuant to the TIGER
VI grant, and be it further
RESOLVED, That, upon approval of said TIGER VI grant to the City, or any portion
thereof, and upon completion of all necessary environmental review of the components
of said project and approval of the same by Common Council, the Mayor, or his
designee, is hereby authorized to enter into and execute a project agreement with
USDOT, or its designee, construction, and construction inspection of the TIGER VI
application as submitted by the Mayor, approved by the USDOT, and as approved
and /or modified by environmental review and any other applicable City of Ithaca review
process, and be it further,
RESOLVED, That Common Council hereby confirms its intention to commit funds in an
amount not to exceed $2,500,000 (to be derived from serial bonds), contingent upon an
award of funds from the TIGER VI program and completion of environmental review.
14. MAYOR'S APPOINTMENTS:
14.1 Appointments to Ithaca Landmarks Preservation Commission — Resolution
RESOLVED, That Nancy Brcak be appointed to the Ithaca Landmarks Preservation
Commission as an alternate member with a term to expire December 31, 2015, and be
it further
RESOLVED, That Mary Raddant Tomlan be appointed to the Ithaca Landmarks
Preservation Commission as an alternate member with a term to expire December 31,
2016.