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HomeMy WebLinkAbout05-07-14 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, May 7, 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 PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS /AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing on a Local Law Confirming the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Public Information and Technology Department: 8.1 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution City Administration Committee: 8.2 Planning, Building and Economic Development - Approval of Artwork for Another 21 Boxes: An Electrical Box Mural Project 8.3 Department of Public Information and Technology - Termination of Sales of NYSDEC Sporting Licenses - Resolution 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled "Zoning" to Remove §325 -19A entitled "Transition Regulations, Lots in Two Districts" A. Declaration of Lead Agency — Resolution B. Determination of Environmental Significance — Resolution C. Adoption of Ordinance 9.2 An Ordinance Regarding the Termination of Covenants Applicable to 222 South Cayuga Street Common Council Agenda May 7, 2014 Page 2 10. CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law Entitled "Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014" 10.2 DPW - Request Funds for Asbestos Remediation in City Hall - Resolution 10.3 DPW - Pedestrian Signal Countdown Timer Project - Resoution 10.4 Finance - Approval of 2012 City Single Audit - Resolution 10.5 Controller's Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 14.1 Appointment to Community Police Board — Resolution 14.2 Appointment to Bicycle Pedestrian Advisory Council - 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 April 2, 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. #lie Conley Holcomb, ICNIC City Clerk Date: May 1, 2014 8. CONSENT AGENDA ITEMS: Public Information and Technology Department: 8.1 Mercato Bar and Kitchen Restaurant Alcohol Permit Request - Resolution WHEREAS, the City Clerk's Office has received a request to allow Mercato Bar and Kitchen Restaurant to utilize certain areas along North Aurora Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Mercato Bar and Kitchen Restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2014, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and Kitchen Restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8. CONSENT ITEMS CONTINUED: City Administration Committee: 8.2 Planning, Building and Economic Development - Approval of Artwork for Another 21 Boxes: An Electrical Box Mural Project WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010, and WHEREAS, in 2012 the PAC initiated a project to beautify 21 municipal electrical boxes through the creation of murals by selected artists and the project was well- received by the community, and WHEREAS, due to the success of the first project, the PAC has launched a second project, Another 21 Boxes, that will add 21 new murals on municipal electrical boxes throughout the city, and WHEREAS, the project will be funded through a grant from the Community Arts Partnership and will be budget - neutral to the City, and WHEREAS, the PAC issued a Request for Proposals in January 2014 and received 52 submissions for the project, and WHEREAS, the PAC reviewed all of the submissions at its meeting on March 26, 2014, and distributed 21 proposals for public comment, and WHEREAS, after reviewing public comment, the PAC voted to recommend that the Common Council select the artwork submitted by 21 individual artists (as shown in "21 Boxes — Artist Proposals, 2014 ") to be installed on 21 pre- approved electrical boxes throughout the city; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for Another 21 Boxes: An Electrical Box Mural Project, as recommended by the Public Art Commission: Zac Ailing, David Bloch, Brody Burroughs, Arlo Chapple - Berletic, Marla Coppolino, Pamela Drix, Sara Fort, Jim Garmhausen, Rose Gottlieb, the Junior Youth Group, Alina Kim, Whitney Ledesma, Paldem Choedak Oshoe & Kalsang Lodoe Oshoe, Jennifer Ospina, Kurt Piller, Margaret Reed, Suzanne Schafer Bakert, Poppy Singer, Nate Waterman, Linda Wingerter, and Workroom G; and be it further RESOLVED, That the selected artists may proceed with the installation of their murals on their appointed electrical box upon the execution of an agreement with the City (as reviewed by the City Attorney). 8.3 Department of Public Information and Technoloav - Termination of Sales of New York State Department of Environmental Conservation (NYSDEC) Sporting Licenses - Resolution WHEREAS, the City Clerk's Office has been selling sporting licenses as an agent of the NYSDEC for over twenty -five years, and WHEREAS, in a letter dated April 9, 2013, the New York State Department of Environmental Conservation (NYSDEC) announced that the Department would discontinue the use of certain equipment used to issue sporting licenses and would be transitioning to a new vendor; and WHEREAS, the NYSDEC also acknowledged that the changes in equipment and technical support may impact the interest and /or ability for agents to continue to sell licenses and has provided an option to opt out of selling them; and WHEREAS, the new software system that the NYSDEC is using for license sales has not worked properly since it was installed; and WHEREAS, the NYSDEC technical staff has not been responsive to requests for assistance to access and use their software, which has resulted in the inability to issue sporting licenses; and WHEREAS, the City Clerk has reviewed the record of sales of sporting licenses, which indicates that in 2013 their office earned $305.88 in commissions from $5,832.93 in license sales; and WHEREAS, there are a number of other local agents available to provide said services to the community, and the City Clerk recommends that the Department of Public Information and Technology discontinue the sale of sporting licenses; now, therefore be it RESOLVED, That the City of Ithaca Common Council supports the City Clerk's recommendation to opt out of the sale of sporting license and authorizes the City Clerk to take appropriate actions to make said notice to the NYSDEC as well as the general public. 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled "Zoning" to Remove §325 -19A entitled "Transition Regulations, Lots in Two Districts" A. Declaration of Lead Agency — Resolution WHEREAS, State Law and Section 176 -6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled "Zoning" to remove §325 - 19A Transition Regulations, Lots in Two Districts. B. Determination of Environmental Significance - Resolution WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to remove §325 -19A, Transition Regulations, Lots in Two Districts, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SERF), dated February 24, 2014, and WHEREAS, the 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 an "Unlisted" Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated February 24, 2014, and be it further RESOLVED, That this 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. C. Adoption of Ordinance WHEREAS, Chapter 325, Zoning, of the City of Ithaca Municipal Code includes transition regulations for lots in two zoning districts that allow the regulations of the less restrictive zone to extend into the more restrictive zone by up to 30 feet, and WHEREAS, the boundaries of the City's zoning districts are established to create a natural transition from more restrictive to less restrictive zones, and WHEREAS, allowing the less restrictive regulations to extend into a more restrictive zone disrupts carefully planned transitions between zoning districts and undermines the protections provided by more restrictive zoning districts; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: ORDINANCE NO. Section 1. Chapter 325, Section 325 -19A is hereby deleted in its entirety, and all subsequent sections shall be renumbered accordingly. A. Lots On two destFoGts wheFe -rmi+!rdnr -. VVheFe a dostroGt bounda - - - - - shall e)dend not FneFe than 361, Section 2. All applicable sections within the City of Ithaca Municipal Code shall be updated in accordance with the amendments made herewith. 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. ®rlvz Back -Up Item 9.1 CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Project Information (to be completed by applicant or project sponsor) 1. Applicant/Sponsor: 2. Project Name: City of Ithaca Proposal to remove §325 -19A Transition Regulations, Lots in Two Districts from Chapter 325, Zoning, of the City Municipal Code 3. Project Location: City of Ithaca 4. Is Proposed Action: O New O Expansion ® Modification /Alteration 5. Describe project briefly: The proposed action is the removal of §325 -19A, Transition Regulations, Lots in Two Districts, from the City of Ithaca Zoning Ordinance. If adopted, the amendment would eliminate the ability to extend the zoning regulations of a less restrictive district into a more restrictive district by up to 30 feet when the property is located in two zoning districts. 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): City -wide 7. Amount of Land Affected: Initially: 6.1 Acres or Sq. Miles Ultimately: 6_1 Acres or Sq. Miles 8. Will proposed action comply with existing zoning or other existing land use restrictions? ® Yes O No If no, describe briefly: 9. What is present land use in vicinity of project: ® Residential ® Industrial ® Agricultural ® Parkland /Open Space ® Commercial O Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal /state /local): ® Yes O No If yes, list agency name and permit/approval type: Common Council adoption 11. Does any aspect of the action have a currently valid permit or approval? O Yes ® 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 ® No 1 certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca DATE: 2/24/14 Back -Up Item 9.1 SHORT ENVIRONMENTAL ASSESSMENT FORM Part I - To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Vame of Project: Proposal to remove §325 -19A Transition Regulations, Lots in Two Districts from Chapter 325, Zoninq, of the City Municipal Code Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ 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 environmental 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? ❑ 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 community 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 or 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? ❑ If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: DATE: 2/24/14 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca X X X X X X X X X X X X X X 9.2 An Ordinance Regarding the Termination of Covenants Applicable to 222 South Cayuga Street ORDINANCE _ -2014 WHEREAS, on June 1, 1983, Common Council passed an Ordinance modifying the zoning district applicable to the property commonly known as 222 South Cayuga St. (the "Property "), on which a Holiday Inn Hotel is presently located; and WHEREAS, the re- zoning of the Property was contingent on the then - owners entering into a Declaration of Covenants (the "Declaration ") that restricted development on terms agreeable to the City, and such Declaration was recorded in the Tompkins County Clerk's Office in Liber 595 of Deeds at Page 348; WHEREAS, a potential lender to the present owner of the Property, Lenroc, L.P. ( "Lenroc "), requested that Lenroc review the restrictions and covenants as contained in the Declaration to determine whether the same are applicable in light of the passage of time and changed circumstances, in an effort to streamline and simplify the title to the Property; and WHEREAS, City staff and Lenroc agree that, with the exception of the overnight bus parking restriction, the restrictions and covenants contained in the Declaration are no longer applicable or the requirements imposed therein are imposed by other codes and ordinances to which the Property is subject; in particular, the requirements dealing with the size and dimensions for any construction and procedures to follow for obtaining requisite municipal consent for any construction which may have been initially satisfied are now outdated and imposed by other applicable city codes and ordinances; and provisions for the rental of parking spaces in an adjacent municipal parking lot are no longer applicable in that the surface lot has been replaced by a parking ramp to which patrons of the hotel have had access; and WHEREAS, the City will not incur any costs in terminating the restrictions contained in the Declaration; now therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that, with the exception of the overnight bus parking restriction, the restrictions contained in the Declaration are either no longer applicable or are imposed on the Property by other codes and /or ordinances, and the City's interests thus no longer require the application of the restrictions in the Declaration to the Property. Section 2. Authorization for Mayor to Sign. The Common Council hereby authorizes the Mayor, upon the advice of the City Attorney, to execute all documents necessary to terminate the restrictions contained in the Declaration, with the exception of the overnight bus parking restriction contained in paragraph (C) of Liber 595 at page 352. Section 3. Effective Date. This ordinance shall take effect immediately. gat- t * 9,q � ieir 595 PAcF 348 2582 M DECLARATION OF COVENANTS This Declaration of Covenants entered into this ;z/ft day of June, 1983 by the owners of premises located at 222 South Cayuga i Street in the City of Ithaca, County of Tompkins and State of New York hereinafter referred to as the "OWNERS"; WHEREAS, Block 99 Partnership is the Owner of lands located in { the City of Ithaca, County of Tompkins and State of New York and more particularly described an Exhibit A, a copy of which is attached F hereto and made a part hereof; and WHEREAS, the Common Council of the City of Ithaca has rezoned #` said Parcel B -3 by Ordinance dated June 1, 1983; and ? WHEREAS, said Ordinance is conditioned upon a Declaration of k Covenants being executed by the said Owners, said covenant to run with the land and said covenant to be binding upon the heirs, successors and assigns of the owners; and WHEREAS, the City of Ithaca deems that certain limiting conditions will be beneficial to surrounding properties and minimize the poten- tially deleterious effect of any zoning change on neighboring properties. NOW THEREFORE, the following covenants are agreed to by the s Owners: (A) The outside dimensions for any new building or construction will not exceed 91 feet in length (north and south) and will not exceed 46 feet in depth (east and west) as more specifically shown on plans and a site plan filed with the City of Ithaca. No further t :L rx. 555 rAcE 626 W4 NORM WX N. Y. MCD- WANNANTY kh 1,6. Cw.&- (/w C. __J MflofffnIbInfimp - I.1bEk 595 PACE 349 .11ade the I � day of Nevembez .1ineleen flu01dred and Seventy aiw,4QAor4_ Vrtmera BLOCK 99 INC., P.O. Box 297, Ithaca, New York, a corporation Orfoulzed under the laws o/ the State of New York party of the first purl, aw�) BLOCK 99 PARTNERSHIP, 308 North Tioga Street, Ithaca, New York, purl y of I he second part, W"WW * lhallhrlwrty o /Iheflrstlwrl,inrunslderutivau/ - ---- -- - --- - -- -ONE and no /100s-------- ---- -- - ----- DUMP (d 1.00 ---) lauyul n nneyuf•the Vnited .Mates; and other good and valuable considerat paid by the INrrl y of the second lwrl, does hereby grunt dead release unto the Imirt y of the seemed Intrf, its successors 00111 assigns furever, all THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, more particularly bounded and described as followss COMMENCING at the point of intersection of the west line of South Cayuga Street and the south line of West Green Street; thence running south along the west line of South Cayuga Street 573.48 feet to the intersection of the north line of West Clinton Street with the west line of said South Cayuga Street; thence running west along the north line of West Clinton Street 157 feet to the southeast gorner of premises formerly of Aubrey Ervay and wife, now of the gr itors herein; thence north along the east line of said premises formerly of Ervay, now of the grantors, 123 feet to an old pipe; thence west along the north line of said premises formerly of Ervay, now of the grantors hereinf 17 feet to a pipet thence north along an east boundary of said premises formerly of Ervay, now of the grantors herein, 22.6 feet to a pipe; thence west 1.5 feet to a pipe; thence north along said premises formerly of Ervay, now of the grantors herein, 22.5 feet to a point; thence west along the north line of said premises formerly -of Ervay, now of the grantors herein, 23 feet to a point; thence north 175 feet to an old iron pipe set in the south line of a 13 1/2 foot private lane, which pipe is also in tl south line of premises formerly owned by the City of Ithaca (see Libe= 322 of Deeds at page 377); thence west along the south line of said '{ premises formerly of the City of Ithaca, 10 feet, more or less, to e southwest corner thereof; thence north, at 13 1/2 feet exossing an iron pipe in the north line of said lane a total distance of 231 feet to the south line of said West Green Street; thence east along the south line of said West Green Street 210 feet to the point or place of beginning. SUBJECT to the rights of the grantors herein, if any, iri and to a right ofjway 12 feet in width and 123 feet in length along the Zeast line of said premises formerly of Ervay, now of the grantors therein, running northerly from West Clinton Street. SUBJECT FURTHER to a right of way 12 feet in width and 231ifeet in length along the west line of premises formerly of the City of Ithaca at 111 West Green Street and along the east line of.premises now or formerly of Lucie w. Bolton at 115 West Green Street, together with a turn - around area 22 feet in width and length adjoining the east line of said 12 foot right of way and the north line of the old 13 1/2 foot alley on the south. MH 555 PACE 628 OUR 595 PACE 351 TOGETHER with a right of way for ingress and egress to the grantee, its successors and assigns, over the existing driveway adjoining the above described promises on the east and being 12 feet in width and 123-foot in length, extending northward from the north line of West Clinton Street as the same is described on the survey.map.hereinafter referred to. BEING the same premises described on a survey map designated, "Survey Map at No. 114 West Clinton Street, Ithaca, New York', made by Carl Crandall, C.E., dated July 3, 1959, attached to the deed recorded in Libor 420 of Deeds at page 219; and are known and designated as 114 West C14mton Street, Ithaca, New York. This conveyance is made and accepted subject to all liens of record including mortgages, but the grantee is not assuming the obligations of such liens or mortgages. PARCEL I: City of Ithaca #70 -7 -4.2 PARCEL II: City of Ithaca #81 -1 -11 0 f 0 . i.ietk 595 PACE 352 —2— building use or structure situate on the subject premises on the date of this Declaration of Covenants will be altered, extended, rebuilt, renovated or enlarged without the prior consent of the Common Council of the City of Ithaca except as permitted and allowed iA the present , B -4 zone. (B) The Owner will at all times keep and maintain the present number of parking spaces on the said premises which now total 97. ' (C) No buses of any kind will be allowed to enter the rear (westerly) parking area behind the present Ramada Inn between the hours of 9:00 p.m. and 9 :00 a.m. (D) The Owner will take all necessary and reasonable steps including the installation of mechanical devises (a mechanical device does include a chain) to insure that the said parking area in the ear of the present Ramada Inn will be utilized by patrons, guests nd staff of the Ramada Inn and the Ramada Inn only. (E) All plans for future renovations.of the subject premises will be submitted to and reviewed by the Design Review Board of The City of Ithaca. (F) The Owner will pay to the City of Ithaca the sum of $2,700.00 per year for its use of parking spaces currently located in the City icipal Lot on South Cayuga Street which lot is located directly across South Cayuga Street from the present Ramada Inn. The rental i.iate 595 PACE 353 -3- being calculated as 30 spaces at $7.50 per month - $2,700.00). The City does not in any way guarantee the availability of any specific number of spaces at any specific time. Said yearly payments to commence January 1, 1984 and said yearly payments to be adjusted on January lat of each and every subsequent year thereafter in the same percentage as the increase in monthly overnight parking fees charged at other City ots. (The current rate being $7.50 per month for uncovered monthly arking.) Said yearly payments to continue for as long as the munici- al parking lot is open to patrons of the Ramada Inn and others. The parking agreement is cancellable by the City of Ithaca upon one year i written notice to the Owners. Should the City for any reason elect to charge users of the municipal parking lot during evening hours, jthen the foregoing payments by the Owner would be terminated. (G) The foregoing covenants shall run with the land and be binding upon the heirs, successors and assigns of the Owner. BLOCK 99 PARTNERSHIP By i TAVELLI. MCOERMOTT 6 SEL ATTON —SAT LAW .OS N- TIOOA STNCCT o wx .9s TNACA. NEW YORK IMW 160T i >3 -BAIO MOT 3> })900 l 595 Pact 354 . STATE OF NEW YORK > SS: COUNTY OF TOMPKINS ) On this i0 day of June, 1983, before me, the subscriber personallT appeared, MLTER J. WIGGINS, one of the Partners of the Block 99 Partnership, to me known and known to me to be the same person described in and who mwuted the foregoing instrument and he duly acknowledged to me that he em=ted the Sam. Fy N -ire Yr TC;wrw Caw. Q ....�.........: Y 61... I...... Roca an ths. ododo./.Q�►7�`�%//� M Vber. .�SS.S. of L 1 Back — Up Item 9.2 TERMINATION OF DECLARATION OF COVENANTS THIS AGREEMENT is made as of the _ day of April, 2014 by LENROC, L.P., a limited partnership organized under the laws of the State of New York, having an office at 222 Cayuga Street South, Ithaca, NY 14850 ( "Lenroc ") and the CITY OF ITHACA, NEW YORK, a municipal corporation organized under the laws of the State of New York, having its offices at 108 East Green St., Ithaca, NY, ( "City "). WHEREAS, Lenroc is the present owner of land more fully described in a deed recorded in the Tompkins County Clerk's Office in Liber 691 of Deeds at Page 154, commonly known as 222 South Cayuga St., Ithaca, NY ( "Property ") on which presently is located a Holiday Inn Hotel; and WHEREAS, the Property has been subject to various restrictions and covenants which run with the land as described in the Declaration of Covenants recorded in the Tompkins County Clerk's Office in Liber 595 of Deeds at Page 348 ( "Declaration ") which covenants and restrictions were imposed in 1983 as part of the initial development of the Property for hotel purposes; and WHEREAS, a hotel was constructed and has been operated at the site by Lenroc for over twenty (20) years; and WHEREAS, a request has been made by a potential lender in an effort to streamline and simplify the title to the Property that the restrictions and covenants as contained in the Declaration be reviewed to determine whether the same are applicable in light of the passage of time and changed circumstances; and WHEREAS, the parties hereto agree that the Declaration should be terminated, cancelled and rendered of no further force or effect in that the said restrictions and covenants contained therein are no longer applicable or the requirements imposed therein are imposed by other codes and ordinances to which the Property is subject; in particular, the requirements dealing with the size and dimensions for any construction and procedures to follow for obtaining requisite municipal consent for any construction which may have been initially satisfied are now outdated and imposed by other applicable city codes and ordinances; provisions for the rental of parking spaces in an adjacent municipal parking lot are no longer applicable in that the surface lot has been replaced by a parking ramp to which patrons of the hotel have had access. NOW THEREFORE, in consideration of one dollar and other good and valuable consideration, each to the other in hand paid, the receipt and sufficiency of which are hereby acknowledged, the parties, being legally bound hereby, agree as follows: THE DECLARATION and the restrictions and covenants contained therein are hereby terminated, cancelled and rendered of no further force or effect. IN WITNESS WHEREOF, this instrument is executed by the parties hereto as of the above date. CITY OF ITHACA M LMV STATE OF NEW YORK ) ) ss.: COUNTY OF TOMPKINS ) Svante Myrick, Mayor of Ithaca LENROC, L.P. David P. Hart, President On the day of April in the year 2014 before me, the undersigned, a notary public in and for said state, personally appeared SVANTE MYRICK, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of Individual Taking Acknowledgement STATE OF NEW YORK ) ) ss.: COUNTY OF On the day of April in the year 2014 before me, the undersigned, a notary public in and for said state, personally appeared DAVID P. HART, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he executed the same in his capacity(ies), and that by his signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of Individual Taking Acknowledgement 10. CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law Entitled "Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014" WHEREAS Section C -73 of the City Charter creates five Sidewalk Improvement Districts (each a "SID ") for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget and schedule of work for Fiscal Year 2014, subject to review, amendment, and confirmation by the Common Council, and WHEREAS the Board of Public Works has recommended a schedule of assessments reflecting the amendments approved by vote of the Common Council on March 5, 2014, and WHEREAS Section C -73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, Local Law No. -2014 NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2014, reflecting the amendments approved by vote of the Common Council on March 5, 2014, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C -73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget and related assessments are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessment Roll, Budget, and Schedule of Work. The Common Council approves and confirms the assessment roll, budget, and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. To the extent that any assessment for Fiscal Year 2014 has been or is held invalid or illegal by a court of competent jurisdiction due to the lack of a confirmation of the assessment prior to this Local Law, or due to any other irregularity or lack of procedure that is cured by this Local Law, such assessment is hereby confirmed and re- levied as of the effective date of this Local Law. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective, upon filing in the office of the Secretary of State, retroactive to January 1, 2014. Back -Up Item 10.1 MEMORANDUM To: City Administration Committee From: Ari Lavine, City Attorney Date: April 4, 2014 Subject: Local Law Confirming the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014, Reflecting Recent "Vacant Lot" Amendments As you know, in September 2013 Council enacted a new Charter Section C -73 that replaced the prior, troubled system of financing sidewalk construction and repair with a system based on five Sidewalk Improvement Districts (each a "SID ") financed by an assessment formula under which each tax parcel is assessed for the benefit the property receives from a network of sidewalks throughout the district. As you also know, in March 2014 Council enacted an amendment to the SID assessment formula to adjust the assessments imposed on certain types of vacant properties: Sliver Lots, Non - Developable Lots, and Vacant Residential lots. Thereafter, at its March 24 meeting, the Board of Public Works recommended, subject to amendment and approval by Council, a 2014 budget and schedule of work for each SID and approved an assessment roll for amendment and confirmation by Council, after seeking to account for the "Vacant Lot" amendments recently enacted by Council. The Local Law now before you is the mechanism by which Council can review, amend, and confirm materials recommended and approved by BPW, thus creating the final Assessments, Budget, and Schedule of Work —all accounting for the "Vacant Lot" amendments recently enacted by Council —for 2014. In order to do so, a public hearing will be required at the May 7 Council meeting. Please note that the 210 - page -long assessment roll attached to this local law is included as a separate PDF on the City's website and incorporated into this agenda packet by reference in order to avoid printouts of this voluminous document. Please also note that this assessment roll is slightly revised from that which was approved by BPW for Council consideration in order to correct an administrative error impacting the manner in which the "Vacant Lot" amendments are reflected in the 2014 assessment roll. The roll now before you correctly reflects those amendments. Lastly, please note that the past work credits for 2014 are being finalized at this time, and will be folded into the attached budget shortly. Thus, please expect one adjustment to this budget — currently estimated at a $9,000 citywide budget adjustment —prior to Council considering this Local Law. This adjustment is not expected to impact the proposed schedule of work, which has already reserved for this expected impact to the budget. I look forward to discussing with you. 0 r LLI Z) Y U Q m � � ON O O O O 0000 Foho N N N � ion O H Eta Efi Et? eta if? V3. H3 Ei3 It r~ z" �' N rn C) m LO LO o o LO °o� O N r-1 0000 T N kft It r~ z" �' N °o� °o� N 0000 �ccn N N "� �°r, o o cn cn cn o� F r en O cn N Lf) cn r- -1 0 0 H ER ER Et} H3 Ef3 K3 Ef? ER Ef3 fti EPi d d m \O N o N o e 0 o N m �o In o In o o r� In o ,,6 O N n r-� O r-I o L� o O N N r� H � 'N-+ 0000 rm r-� y} Eg Et} Ef3 Et? &i ER H3 4b i ER ER Et? cn cn N cn r� o o° o o° 00 d\ d+ 0 00 N O 00 N L6 cri O 0o0 � N m m N co d N to N N N c+ N Efl H-T EA d3 Hi Eti {f} d3 Et3 ER Efl N n Lo m CD CD o d dm O� N O N 0000 000 0 - m N 000 � m CN (h co 4 r-4 LO r-1 Eg if} H3 if.) di Eta Eta H3 V5. Ef3 Eti zt 0 N � N 00 N 0N0 � 0N0\ 00\ H [+7 � CO O rr-i ri N r-+ ER EF3 Eta EA Eta Eta fti ER Ef3 Et? Eta O "p .� o z -n f x u cu ' V i cu f� .+ f0 CO fl N PG v w0 0 ice. �± +. p w0 Q v U O Q U a� u y v o N It r~ z" �' N 2014 PROPOSED Sidewalk Work Plan and Budget District One Construction SUBTOTAL Design projects 228 W Lincoln to Dey St 300 blk W Lincoln Dey St to Willow Ave 600 blk Willow Ave, E side Lincoln to Franklin 200 blk Franklin St, N side Dey to Willow SUBTOTAL TOTAL TNL 4/24/2014 1,765 $ 108,630 Construction Length of 100 $ 25 $ 12,500 $ 1,250 250 $ sidewalk (linear $ 3,125 250 $ City Block Side of Street feet) Estimated SF cost Cost 1200 blk N Cayuga St east 210 $ 12 $ 12,600 1300 blk N Cayuga St east 270 $ 12 $ 16,200 1400 blk N Cayuga St east 150 $ 15 $ 11,250 100 blk Queen St north 125 $ 12 $ 7,500 900 blk N Aurora St west 140 $ 12 $ 8,400 900 blk N Aurora St east, spot repair 20 $ 12 $ 1,200 1000 blk N Aurora St east, spot repair 20 $ 12 $ 1,200 300 blk E Lincoln St south 100 $ 12 $ 6,000 400 blk E Yates St north 300 $ 12 $ 18,000 300 blk Dey Street west 350 $ 12 $ 21,000 500 blk Thurston Ave south 80 $ 12 $ 5,280 SUBTOTAL Design projects 228 W Lincoln to Dey St 300 blk W Lincoln Dey St to Willow Ave 600 blk Willow Ave, E side Lincoln to Franklin 200 blk Franklin St, N side Dey to Willow SUBTOTAL TOTAL TNL 4/24/2014 1,765 $ 108,630 $ 11,250 $ 119,880 Construction Design 100 $ 25 $ 12,500 $ 1,250 250 $ 25 $ 31,250 $ 3,125 250 $ 25 $ 31,250 $ 3,125 300 $ 25 $ 37,500 $ 3,750 $ 11,250 $ 119,880 2014 PROPOSED Sidewalk Work Plan and Budget District Two Construction SUBTOTAL for DESIGN Reimbursement for New Sidewalk Constructed in 2012 10 Cornell Street 1120 East State Street SUBTOTAL for REIMBURSEMENT TOTAL TNL 4/24/2014 $ 13,750 $ 5,364 $ 5,516 $ 10,880 $ 116,630 Length of sidewalk (linear City Block Side of Street feet) Estimated SF cost Cost 100 blk Oak Ave south 500 $ 15 $ 37,500 200 blk Dryden Road south, inc ramps 150 $ 20 $ 15,000 300 blk Dryden Road south, inc ramps 125 $ 20 $ 12,500 400 blk Elmwood Ave west 200 $ 15 $ 15,000 200 blk Bryant Ave north 200 $ 12 $ 12,000 (and south as budget allows) SUBTOTAL for CONSTRUCTION 1175 $ 92,000 Design projects Construction Design 200 blk Oak Ave south 300 $ 25 $ 37,500 $ 3,750 300 blk Oak Ave south 400 $ 25 $ 50,000 $ 5,000 1100 blk E State south 400 $ 25 $ 50,000 $ 5,000 $ 25 $ - $ - SUBTOTAL for DESIGN Reimbursement for New Sidewalk Constructed in 2012 10 Cornell Street 1120 East State Street SUBTOTAL for REIMBURSEMENT TOTAL TNL 4/24/2014 $ 13,750 $ 5,364 $ 5,516 $ 10,880 $ 116,630 2014 PROPOSED Sidewalk Work Plan and Budget District Three Construction SUBTOTAL for CONSTRUCTION 1300 $ 174,250 Design projects Construction Design Adams St from Third to First St 950 $ 40 $ 190,000 $ 19,000 SUBTOTAL for DESIGN Reimbursement for New Sidewalk Constructed in 2012 $ 19,000 622 Cascadilla Street $ 5,722 Length of $ 3,393 710 Hancock Street $ 5,792 sidewalk (linear $ 273 City Block Side of Street feet) Estimated SF cost Cost 300 blk Green St south 200 $ 15 $ 15,000 500 blk East State /MLK south 650 $ 15 $ 48,750 100 blk East Court St south 300 $ 12 $ 18,000 300 blk N Tioga St east 50 $ 12 $ 3,000 200 blk S Cayuga St east 100 $ 20 $ 10,000 300 blk N Geneva St west 250 $ 12 $ 15,000 200 blk First St east 200 $ 12 $ 12,000 300 blk N Titus Ave north 200 $ 12 $ 12,000 200 blk N Plain St east (tree) and west 175 $ 12 $ 10,500 300 blk Second St east 300 $ 12 $ 18,000 500 blk W. Seneca St south 200 $ 12 $ 12,000 SUBTOTAL for CONSTRUCTION 1300 $ 174,250 Design projects Construction Design Adams St from Third to First St 950 $ 40 $ 190,000 $ 19,000 SUBTOTAL for DESIGN Reimbursement for New Sidewalk Constructed in 2012 $ 19,000 622 Cascadilla Street $ 5,722 702 Hancock Street $ 3,393 710 Hancock Street $ 5,792 711 Hancock Street $ 273 SUBTOTAL for REIMBURSEMENT TOTAL TNL 4/24/2014 $ 15,179 $ 208,429 % U) � 0 m � � � � 16.4 � � d � ■ � � Q m � � � O � � � � � \// 7k¢/ A a _ e 7Q§q \ ƒ } =aa_ ) § \ j ±G 7q } 2 t \ / \ g m \ k \ ■ \ \ \ \ 2 a \ #C /\ \ 2 #// k a u_aa Ln Lo C,4 / r - m � ) } a j ■ ! a % �� {§ / | ! � < 7 2 = ) k \ \ § 3 3 ƒ a 2 § a ® / U § § § / / ■ \ \ \ \ 2 a \ #C /\ \ 2 #// k a u_aa Ln Lo C,4 / r - m k k m Q S e j � � § Q \ % k k % \ » \ §� EI-W \ � \� % k \ � \ p k � )\ \ � �] E J q k / / � � j / / \ ) | ! � < 7 2 = ) k \ t § � ƒ a 2 § a ® 0 0 / § § \ \\ \ § / \ V) k k m Q S e j � � § Q \ % k k % \ » \ §� EI-W \ � \� % k \ � \ p k � )\ \ � �] E J q k / / � M G4 G ISM 3 v A 0 1�1 d+ 0 N > a w o I� 0 o 00 00 N N 1f^ C LO O N N U m O V w v w o v a 3w a v 0 cu ul3 ER Is 117 In Lo N N r V, U�, eS 0 0 0 117 Lo O m � - ,A 3 � v �v v w v x o � � w u u CD Cl u x � p P p N G� Cl H3 0 0 Ic a F 0 m eo a 0 V y 0 l� n [� N O pm�c In bD of LO �--� v Q p o 0 0 m m O LO O U (f, Efl d3 LO u7 O In ll) �U!31IA u7 0 Cl L� to C m 00 v v H d Pm w 0 cu cu x � v o 3 '4 `p o v v w Lf) 04 �v�n CD � o A u ° x O O lf] Ln m kf, % H a d N o U H � CITY OF ITHACA BACK -UP ITEM 10.1 OFFICE OF THE CITY CLERK Telephone: 607 -274- 6570 Department of Public Information & Technology Julie Conley Holcomb, City Clerk Fax: 607 - 274 -6432 PLEASE NOTE: This page is attached to this Local Law in order to incorporate by reference the voluminous assessment roll available for inspection in the Office of the City Clerk/Department of Public Information & Technology, Monday — Friday, 8:30 am — 4:30 pm. This document is also temporarily available on -line at: http: / /www.egovlink.com /public documents300 /ithaca /published documents /Clerks Offi ce /I n %20the %20news/ 2013 %20Assessment %20 Rol 1%20- %20Sidewalk %20Improvement %20 Districts. Pd After the Local Law is approved by Common Council at its meeting on May 7, 2014, it will be maintained, along with the 2014 Assessment Roll, electronically by the Office of the City Clerk/Department of Public Information and Technology in its Laserfiche software. 10.2 DPW — Request for Funds for Asbestos Remediation in City Hall - Resolution WHEREAS, recent work in the basement of City Hall has uncovered asbestos tile that needs remediation, and WHEREAS, City Facility staff have obtained three proposals for the asbestos remediation work in the basement of City Hall with an estimated project cost of $13,000, which includes a $3,000 allowance for air monitoring and $500 for contingency, and WHEREAS, these funds were not part of the 2014 budget and cannot be transferred from existing Department of Public Works funds, and WHEREAS, the City Controller recommends the use of Unrestricted Contingency funds as a source of funding for the asbestos removal project, and WHEREAS, the unrestricted contingency fund currently has a balance of $121,000; now, therefore be it RESOLVED, That Common Council hereby approves the transfer of funds in an amount not to exceed $13,000 from Account A1990 Unrestricted Contingency to Account A1621 -5489 City Hall Building cost for the purposes of remediation of asbestos tile from the basement of City Hall. 10.3 DPW - Pedestrian Signal Countdown Timer Project - Authorization to Implement and Fund the First Instance 100% of the Federal Aid - Eligible Costs of a Transportation Federal -Aid Project, and Appropriating Funds Therefore - Resolution WHEREAS, the City of Ithaca submitted an application for federal funding through the Highway Safety Improvement Program (HSIP) for the purpose of upgrading sixteen (16) City of Ithaca -owned traffic signals to incorporate pedestrian countdown timers to improve pedestrian safety, and was subsequently awarded $147,700, and WHEREAS, a project for "Pedestrian Signal Countdown Timers," P.I.N. 375590 (the "Project "), is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 90% federal funds and 10% non - federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment for 100% of the non - federal share of the costs for Preliminary Engineering /Design, Detailed Design Construction, and Construction Inspection, and WHEREAS, in accordance with SEQR and CEQR, the Project is a Type II Action (installation of traffic control devices), which is not subject to further environmental review; now, therefore, be it RESOLVED, That the Common Council hereby approves the above - subject Project, and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal share of the cost of Preliminary Engineering /Design Detailed Design Construction and Construction Inspection work for the Project or portions thereof, and be it further RESOLVED, That the sum of $147,700 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in this phase of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 801, Pedestrian Signal Countdown Timers, to include the Project costs of $147,700, and be it further RESOLVED, That in the event the full costs of the Project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation (NYSDOT) thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works be and is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of federal -aid and state -aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this Project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 10% of said portion, currently estimated at $14,770 of the $147,700 authorized for this phase of the Project, in monies and in -kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, That this Resolution shall take effect immediately. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CrrY ENGINEER Telephone: 607/274 -6530 Fax: 607/274 -6587 BACK -UP ITEM 10.3 March 28, 2014 TO: City Administration Committee FROM: Kent Johnson, Junior Transportation Engineer RE: Pedestrian Signal Countdown Timer Project Overview: In February 2013, the Engineering Office sought funding via the federal Highway Safety Improvement Program (HSIP) for the purpose of upgrading 16 City of Ithaca -owned traffic signals to incorporate pedestrian countdown timers to improve pedestrian safety; 4 of these intersections utilize pedestrian pushbuttons, so funding was also sought to upgrade to accessible pushbuttons at those locations. Total project funding is $147,700. The project funding breakdown indicated in the ITCTC 2014 -2018 Draft Transportation Improvement Program shows up to $132,930 (90 %) being reimbursable and $14,770 (10 %) funded locally by the City. Project rationale: One proven safety improvement is the utilization of pedestrian countdown timers at traffic signals. Recently, both NYSDOT & the City have been making such upgrades to existing signals and specifying the devices for use in new signals. In addition to safety improvements, this project will allow for greater uniformity of pedestrian operations of traffic signals in the City — following this project, almost all traffic signals in the City will include countdown timers. Project locations: The below 16 intersections are slated to receive countdown timers via this project. Ones marked with an asterisk will also receive accessible pedestrian pushbuttons (the other 12 intersections are timed and do not use pushbuttons). 1. Albany Street & Buffalo Street 2. Albany Street & Clinton Street 3. Albany Street & State Street 4. Aurora Street & Hillview* 5. Aurora Street & Buffalo Street 6. Buffalo Street & Tioga Street 7. Buffalo Street & Cayuga Street 8. Buffalo Street & Geneva Street 9. Buffalo Street & Plain Street 10. Cayuga Street & Clinton Street* 11. Corn Street & State Street 12. Court Street & Plain Street 13. Geneva Street & State Street 14. Plain Street & State Street 15. Home Depot & Route 13 * 16. Walmart & Route 13 * Project schedule: Preliminary design and detailed design to occur in 2014 and 2015 Construction and inspection to occur in 2016 10.4 Finance - Approval of 2012 City Single Audit - Resolution RESOLVED, That the Independent Auditor's Report for the period January 1, 2012, through December 31, 2012, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, be accepted to comply with all the City's applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single -audit requirements. 14. MAYOR'S APPOINTMENTS: 14.1 Appointment to Community Police Board — Resolution RESOLVED, That Richard Onyejuruwa be appointed to the Community Police Board to fill a vacancy with a term to expire December 31, 2015. 14.2 Appointment to Bicycle Pedestrian Advisory Council - Resolution RESOLVED, That Patrick Braga be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2016.