HomeMy WebLinkAbout06-04-14 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, June 4, 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:
4.1 Presentation of Quarterly Employee Recognition Award
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:
Department of Public Information and Technology:
8.1 Le Café Cent-Dix Alcohol Permit Request - Resolution
City Administration Committee:
8.2 Attorney - Authorization of Revocable License for Congo Square Market - Resolution
8.3 Approval of the 2014 Amendment to the Municipal Cooperative Agreement for the
Greater Tompkins County Municipal Health Insurance Consortium - Resolution
8.4 Youth Bureau – Request to Fund Cass Park Pool Emergency Repairs - Resolution
8.5 Youth Bureau – Request to Amend 2014 Youth Bureau Budget for Youth Employment
Services – Resolution
8.6 GIAC – Request to Amend Budget for Hospitality Employment Training Program Grant –
Resolution
8.7 IPD - Request to Amend 2014 IPD Budget – K9 Unit Grant - Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Ithaca Urban Renewal Agency (IURA) - Hotel Parking Agreement with Hotel Ithaca LLC
A. Declaration of Lead Agency - Resolution
B. Environmental Determination - Resolution
C. Parking Agreement with Hotel Ithaca LLC - Resolution
9.2 Ithaca Urban Renewal Agency (IURA) - Match Funding for Local Waterfront
Revitalization Program Grant, Relocation of NYS DOT Maintenance Facility Feasibility Study
– Resolution
9.3 Department of Public Works - A resolution authorizing implementation and funding in the
first instance 100% of the federal aid-eligible costs and State “Marchiselli” program-aid
eligible costs, of a transportation federal-aid project, and appropriating funds therefore.
9.4 A Resolution to Authorize a Transportation Alternatives Program (TAP) Application -
Resolution
9.5 City Controller’s Report
Common Council Meeting Agenda
June 4, 2014
Page 2
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Resolution to Select Artwork for a Mural Installation on the Snow Enclosure of the
Green Street Parking Garage
10.2 2014 Ithaca Urban Renewal Agency (IURA) Action Plan, HUD Entitlement Grant –
Resolution
10.3 Expansion of the Local East Hill Historic District to Include 109, 111, 112, 114, and 115
Orchard Place - Resolution
10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178 entitled “Exterior
Maintenance” in Order to Impose Total Ban of Outdoor Wood-Burning Furnaces within the City
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the May 7, 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.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: May 29, 2014
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Le Café Cent-Dix Alcohol Permit Request - Resolution
WHEREAS, the City Clerk’s Office has received a request to allow Le Café Cent-Dix 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 Le
Café Cent-Dix, 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 Le Café Cent-Dix 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 City Attorney - 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 sponsor of the Congo Square Market, the Southside Community Center Inc.
(a not-for-profit corporation that leases a City-owned building), has requested permission to operate
the Market at the same location in 2014, on every Friday evening (4:00 p.m. to 8:00 pm) from June 6,
2014, through September 12, 2014; 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 City of Ithaca Municipal Code entitled “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 the years of 2009 through 2013, finds that the
proposed Congo Square Market, as described by its sponsor and as experienced in operation over
the last four 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 15 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 sponsor to issue a
revocable license to the Southside Community Center permitting such 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
June 6, 2014, through September 12, 2014), 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, Common 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 sponsor for the requested number of days being $15.00.
REVOCABLE LICENSE AGREEMENT FOR
CONGO SQUARE MARKET
THIS AGREEMENT, made this day of May, 2014, by and between:
SOUTHSIDE COMMUNITY CENTER with a mailing address of 305 South Plain
Street, Ithaca, New York 14850, as sponsor of the CONGO SQUARE MARKET
(hereinafter referred to as “Licensee”); and
CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E.
Green Street, Ithaca, New York 14850, hereafter referred to as "CITY,"
WITNESSETH THAT:
WHEREAS, CITY is the owner in fee simple absolute of a parcel of park land with certain
improvements thereon in the City of Ithaca, County of Tompkins, State of New York,
immediately north of the Southside Community Center, on South Plain Street, and
WHEREAS, in 2009, 2010, 2011, 2012, and 2013 the sponsors of an ongoing event known
as the Congo Square Market received a license from the City of Ithaca to operate a weekly,
outdoor market for local vendors on such City-owned parkland; and
WHEREAS, the vendors for the Market are expected to include both small-scale, local
entrepreneurs and City-sponsored youth projects; and
WHEREAS, on May 7, 2014, pursuant to Chapter 170 of the Municipal Code of the City of
Ithaca (“Use of City Real Property”) Common Council approved by resolution the use of such
City parkland for the Congo Street Market every Friday between June 6, 2014 and September 12,
2014 during the hours of 4:00 pm to 8:00 pm; now therefore
IT IS HEREBY AGREED, that in consideration of the mutual covenants, monetary
consideration, and other valuable consideration described herein:
1. CITY hereby licenses Congo Square Market to use the area north of the Southside
Community Center on South Plain Street for its Friday marketplace, subject to the conditions
described herein:
• Licensee will be responsible for removing any and all garbage or refuse from the
above-referenced licensed premises each Friday at its own expense, or in the
event that Licensee does not remove such garbage, Licensee agrees to reimburse
the City an appropriate amount for placing such garbage in the City owned
dumpster on the premises.
• Licensee will be responsible for assuring that vendors for the Market obtain
requisite permits for any amplified sound, food concessions, amusement
concessions, or other permits conducted on the licensed premises and are required
by the Municipal Code of the City of Ithaca.
2. The licensed premises described above may be used by Licensee on all Fridays between
June 6, 2014 through September 12, 2014 during the hours of 4:00 pm and 8:00 pm
provided requisite proof of insurance is submitted as described below.
3. The Licensee agrees to assume any and all liability which may arise as a result of said
use, and to hold the City harmless and defend against any actions brought against the City
arising from or as a result of said use. The Licensee also agrees to obtain and keep in
force a liability insurance policy for the benefit of the City of Ithaca and naming the City
as an additional insured in the amount of one million dollars ($1,000,000) and to deliver
same to the City of Ithaca before use of said premises.
4. The Licensee further agrees to pay the City of Ithaca a fee of $1.00 for each day of
operation, with the total amount due amount from the sponsors for the requested number
of days being $15.00.
5. If the City of Ithaca requires complete possession of the premises for any municipal, state
and/or federal purpose, then this agreement may be modified or terminated by the City
upon fifteen (15) days’ written notice to Licensee, except in the case of an emergency, in
which case the notice period may be shorter, as necessary. In the event of such
modification, Licensee may elect to terminate the agreement upon written notice; in the
event of such termination by either party, Licensee shall owe the payment described
above only for the days the Congo Square Market was in operation prior to such
termination.
6. The Licensee agrees to keep the licensed premises clean and in a safe condition for the
said uses.
7. The Licensee agrees to require all vendors to abide by all posted parking regulations.
8. The Licensee shall not discriminate against any employee, applicant for employment,
contractor or subcontractor, supplier of materials or services, or program participant
because of actual or perceived: age, creed, color, disability, ethnicity, familial status,
gender, height, immigration or citizenship status, marital status, national origin, race,
religion, sexual orientation, socio-economic status, or weight.
11. Workers Compensation and Disability Coverage: A condition for entry into this
agreement is the presentation by the Licensee proof that the Licensee either provides the
levels of workers compensation and disability coverage required by the State of New
York, or that it is not required to provide such coverage.
CITY OF ITHACA
By:
Svante L. Myrick Date
Mayor
2
CONGO SQUARE MARKET, INC.
By:
Kenneth McLaurin Date
Southside Community Center
APPROVED AS TO FORM:
City Attorney Date
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On this day of _________, 2014, before me, the undersigned, a Notary Public in
and for said State, personally appeared SVANTE L. MYRICK, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person of which the individual
acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF TOMPKINS )ss.:
On this day of ____________, 2014, before me, the undersigned, a Notary Public
in and for said State, personally appeared KENNETH MCLAURIN, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that she executed the same in her capacity, and
that by her signature on the instrument, the individual, or the person of which the individual
acted, executed the instrument.
Notary Public
Attachments:
Certificate of Liability Insurance naming City as additional insured
Proof of Workers’ Compensation
Garbage Removal Plan
3
8.3 Approval of the 2014 Amendment to the Municipal Cooperative Agreement for the
Greater Tompkins County Municipal Health Insurance Consortium - Resolution
WHEREAS, the City of Ithaca is a Participant in the Greater Tompkins County Municipal Health
Insurance Consortium (the “Consortium”), a municipal cooperative organized under Article 5-G of the
New York General Municipal Law; and
WHEREAS, the City previously executed the Municipal Cooperation Agreement (the “Agreement”),
which provides for the operation and governance of the Consortium; and
WHEREAS, Article 47 of the New York Insurance Law (the “Insurance Law”) and the rules and
regulations of the New York State Superintendent of Insurance set forth certain requirements for
governance of municipal cooperatives which offer self-insured municipal cooperative health insurance
plans, including a requirement that the governing board of self-insured municipal cooperative must
include representation of unions, which are the exclusive collective bargaining representatives of
employees who are covered by the plan offered by such self-insured municipal cooperative; and
WHEREAS, Section K of the Agreement currently in place provides for representation on the
Consortium’s Board of Directors (the “Board”) by the Chair of the Labor Management Advisory
Committee; and
WHEREAS, by resolution adopted on September 26, 2013, the Consortium’s Board approved an
amendment to the Agreement to (a) increase the number of labor representatives on the Board; and
(b) provide for future increases to the number of labor representatives on the Board in the event that
the number of participants in the Consortium increases, all as more fully set forth in the 2014
Amendment to the Municipal Cooperative Agreement attached hereto as Exhibit “A” (the “2014
Amendment”); and
WHEREAS, Section T of the Agreement requires that any change or amendment to the Agreement
shall require the unanimous approval of the participating municipal corporations, as authorized by
their respective legislative bodies; now, therefore be it
RESOLVED, That the Common Council approves the 2014 Amendment to the Municipal Cooperative
Agreement of the Greater Tompkins County Municipal Health Insurance Consortium, and be it further
RESOLVED, That the Common Council authorizes the Mayor and City Controller, upon the advice of
the City Attorney, to take such other actions as may be required by law for the amendment to take
effect.
8.4 Youth Bureau – Request to Fund Cass Park Pool Emergency Repairs - Resolution
WHEREAS, the Cass Park pool sustained significant damage during this past winter and spring and,
WHEREAS, City staff has estimated the pool damage cost at $20,000, and
WHEREAS, further damage to the pool structure will occur if immediate repairs are not made and the
pool will not be able to open for the season, and
WHEREAS, the pool repairs were unanticipated in the 2014 budget, but the funds needed for the
repair can be derived from Capital Reserve #11 Parks, which has a current balance of $201,000, and
WHEREAS, the pool is an important part of many summer programs such as Cass Park, Stewart Park
and GIAC day camps, and
WHEREAS, the Cass Park Pool averaged 335 visits daily and a total of 21,078 visits for the season in
2013; now, therefore be it
RESOLVED, That Common Council hereby approves the emergency use of funds from Capital
Reserve #11 Parks, in an amount not to exceed $20,000 for Cass Park Pool repairs.
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Jim D’Alterio, Facility Director
Liz Vance, Acting Director
Date: May 21, 2014
Subject: Cass Park Pool Wall Repairs
Portions of the Cass Park Pool walls sustained significant damage during this past winter and
spring presumably during freeze/thaw cycles. There are approximately 105 linear feet of pool
wall that needs to be prepped and repaired. The quoted cost for repairs is $17,338. We request a
10% contingency of $1,733 added for the likely gutter repairs that will present during the
preparation process. The total repair funds requested is $19,701.
If the repairs do not take place, further damage to the pool structure will occur and the pool will
be unable to operate. In 2013 the Cass pools averaged 335 visits daily and a total of 21,078
visits for the season. The pool is an important part of many summer programs such as: Cass
Park, Stewart Park and GIAC day camps.
In 2014 the IYB commissioned a pool assessment completed by Tetra Tech Architects and
Engineers for a comprehensive overview of the 42 year old pool to determine its current state
and recommended repairs and/or improvements. The gutter system issues that are believed to be
the cause of the wall failures were reviewed and options were presented ranging from sealing to
replacing the gutter system. These options will be reviewed and we will utilize the Capital
Project process for long term solutions for this issue.
8.5 Youth Bureau – Request to Amend 2014 Youth Bureau Budget – Youth Employment
Services - Resolution
WHEREAS, the City of Ithaca Youth Bureau has applied for funding through the Tompkins County
Workforce Investment Board and will be receiving $131,730.84 in new funding for the Tompkins
County Summer Youth Employment Program, and
WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income
eligible teens needing assistance in securing employment; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2014 Youth Bureau budget contingent upon
confirmation of funding as follows:
Increase revenue:
A7310-4820-1202 Youth Employment Service $123,310.38
A7310-4820-1400 Administration $8,420.46
$131,730.84
Increase expenses:
A7310-5120-1202 Part time/Seasonal $107,231.37
A7310-5425-1202 Office Supplies $500.00
A7310-5445-1202 Travel & Mileage $100.00
A7310-5460-1202 Program Supplies $487.50
A7310-5120-1400 Part time/Seasonal $949.00
A7310-5405-1400 Telephone $1,100.00
A7310-5420-1400 Gas & Oil $1,600.00
A7310-5425-1400 Office Expense $900.00
A7310-5437-1400 Merchant Service $500.00
A7310-5460-1400 Program Supplies $255.00
A7310-5476-1401 Equipment Maintenance $2100.00
A7310-5480-1401 Building Maintenance $856.46
A7310-9030 FICA/Medicare $8,276.00
A7310-9040 Workers Compensation $5,626.00
A7310-9060 Retirement $1,249.51
$131,730.84
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
BACK-UP ITEM 8.5
To: City Administration Committee
From: Suki Tabor, Program Coordinator
Liz Vance, Acting Director
Re: Youth Bureau Budget Amendment
Date: May 28, 2014
We have been advised, by the Tompkins County Workforce Investment Board that we will
receive $131,730.84 in funding for Tompkins Summer Youth Employment Program. Although
we are awaiting final confirmation, we are pleased that we may be able to offer summer
employment to additional teens this summer.
We would like to amend the 2014 Youth Bureau budget, contingent upon confirmation of
funding, as follows:
Increase anticipated revenue from Tompkins County Workforce Investment Board
Increase revenue:
A7310-4820-1202 Youth Employment Service $123,310.38
A7310-4820-1400 Administration $8,420.46
$131,730.84
Increase expenses:
A7310-5120-1202 Part time/Seasonal $107,231.37
A7310-5425-1202 Office Supplies $500.00
A7310-5445-1202 Travel & Mileage $100.00
A7310-5460-1202 Program Supplies $487.50
A7310-5120-1400 Part time/Seasonal $949.00
A7310-5405-1400 Telephone $1,100.00
A7310-5420-1400 Gas & Oil $1,600.00
A7310-5425-1400 Office Expense $900.00
A7310-5437-1400 Merchant Service $500.00
A7310-5460-1400 Program Supplies $255.00
A7310-5476-1401 Equipment Maintenance $2100.00
A7310-5480-1401 Building Maintenance $856.46
A7310-9030 FICA/Medicare $8,276.00
A7310-9040 Workers Compensation $5,626.00
A7310-9060 Retirement $1,249.51
$131,730.84
Thank you.
8.6 Greater Ithaca Activities Center (GIAC) – Request to Amend Budget for Hospitality
Employment Training Program Grant - Resolution
WHEREAS, the Greater Ithaca Activities Center (GIAC) has received a grant in the amount of
$86,000 from the Ithaca Urban Renewal Agency (IURA) for the Hospitality Employment Training
Program (HETP), and
WHEREAS, GIAC is requesting that the City of Ithaca upfront $66,600 of the grant with the remaining
$19,400 to be provided by the GIAC Board, and
WHEREAS, both upfront payments by the City, ($66,600) and the GIAC Board ($19,400) shall be
later reimbursed by the IURA, and
WHEREAS, the funds will provide salary, training and supplies to establish the Hospitality
Employment Training Program for 2014, and
WHEREAS, the grant funds need to be accounted for in the 2014 Authorized GIAC Budget; now,
therefore be it
RESOLVED, That Common Council hereby amends the 2014 GIAC Authorized Budget by an amount
not to exceed $86,000 for the purposes of accounting for the Hospitality Employment Training
Program Grant as follows:
Increase Revenue Accounts:
A7311-4989-01162 Federal Aid Other $86,000
Home and Community
Increase Appropriate Accounts:
A7311-5110-01162 Staff Salaries HEPT $43,018
A7311-5120-01162 Hourly P/T HEPT 8,910
A7311-5415-01162 Clothing HEPT 2,500
A7311-5425-01162 Office Expense HEPT 1,000
A7311-5435-01162 Contracts HEPT 4,500
A7311-5440-01162 Staff Development HEPT 5,160
A7311-5460-01162 Programs Supplies HEPT 4,984
A7311-9010-01162 Retirement HEPT 4,689
A7311-9030-01162 FICA/Medicare HEPT 3,291
A7311-9040-01162 Workers Comp HEPT 258
A7311-9060-01162 Health Insurance HEPT 7,690
$86,000
8.7 Ithaca Police Department (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 of 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, the 2014 Ithaca Police Department budget needs to be amended 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 City of Ithaca 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 donations 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. CITY ADMINISTRATION COMMITTEE:
9.1 Ithaca Urban Renewal Agency (IURA) - Hotel Parking Agreement with Hotel
Ithaca LLC:
A. Declaration of Lead Agency - Resolution
WHEREAS, the City of Ithaca Common Council is considering authorizing a parking agreement with
Hotel Ithaca LLC for guests of a proposed 159-key hotel to be initially operated as a Marriott Hotel
located at 120 S. Aurora Street, and
WHEREAS, parking will be provided on a non-exclusive basis at municipal parking facilities for an
average of 90 hotel guest parkers, and
WHEREAS, a proposed parking agreement 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 hotel parking agreement with Hotel Ithaca LLC to be initially
operated as a Marriott Hotel.
B. Determination of Environmental Significance - Resolution
WHEREAS, the City of Ithaca Common Council is considering authorizing a parking agreement with
Hotel Ithaca LLC for guests of a proposed 159-key hotel to be initially operated as a Marriott Hotel
located at 120 S. Aurora Street, and
WHEREAS, parking will be provided on a non-exclusive basis at municipal parking facilities for an
average of 90 hotel guest parkers, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental
review of this proposed action, and
WHEREAS, such proposed action 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 City Planning staff ; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed
authorization of a parking agreement with Hotel Ithaca LLC 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.
C. Parking Agreement with Hotel Ithaca LLC - Resolution
WHEREAS, Hotel Ithaca LLC (Hotel Ithaca) is the developer of a proposed 159-key Marriott hotel at
120 S. Aurora Street, Ithaca, NY, and
WHEREAS, the proposed hotel seeks to reach an agreement with the City to provide an annual
average of 90 parking spaces per day for hotel guests; and
WHEREAS, the Marriott hotel project will increase the economic vitality of the downtown, enhance the
fiscal well-being of the City and generate parking revenues, and
WHEREAS, the City of Ithaca owns and operates the 448-space Green Street parking garage (Green
Garage) located adjacent to the proposed hotel, which currently operates with approximately 100
parking spaces of excess capacity during peak day demand times of the week, with additional excess
capacity in the evenings, and
WHEREAS, there are over 1,550 public parking spaces available downtown at the Green Garage, the
Seneca Street parking garage and the Cayuga Street parking garage, and
WHEREAS, there is cumulative excess capacity of approximately 450 parking spaces in the
downtown public parking garages, and
WHEREAS, the City seeks to maximize utilization of downtown public parking garages to support a
vibrant downtown core, and
WHEREAS, public debt on the Green Garage is currently financed through issuance of taxable bonds
due to pre-existing private parking agreements, so a new parking agreement with a for-profit entity will
not increase the city’s financing cost of the Green Garage, and
WHEREAS, the hotel developer has agreed that designated areas for hotel guest parking will also be
open for use by hourly parkers and the parking rate per space at the Green Garage will equal the
prevailing public rate for monthly parking, provided that hotel parking is made available to hotel guests
through 2060; now, therefore, be it
RESOLVED, That the Mayor, subject to review by the City Attorney, is authorized to execute a hotel
parking agreement with Hotel Ithaca LLC in substantial conformance with the term sheet, dated May
14, 2014, but excluding any option for the project to acquire air rights to any decommissioned portion
of the Green Garage, as such potential property conveyance requires a public hearing and further
approvals pursuant to General Municipal Law before it can be authorized.
5/14/14
Term Sheet
Hotel Parking Agreement
City of Ithaca/Hotel Ithaca LLC
1. Hotel parking:
• Designate a minimum of ninety (90) parking spaces in eastern section
of the Green Garage for non-exclusive and shared use by hotel guests
and hourly public parkers. Hotel guests may additionally park in any
space available to the general public in the Green Garage.
• No exclusive reserved hotel parking spaces
2. Hotel guest loading: Designate two (2) public loading spaces next to the hotel entrances at the
garage for use by the public, including hotel guests.
3. Term: • Initial term: 20 years from opening of hotel (assumed 2015)
• Extension(s): Options for annual extensions for as long as the City
operates the eastern portion of the Green Garage for public parking.
• See Section 7 for an extension of the initial term for up to an additional
25 years (to approximately 2060) under certain circumstances
4. Rate per parking space: Prevailing current public rate for monthly parking. The 2014 rate in the
Green Garage is $79.50/month. The parking rate will be adjusted in the
future to match changes in the public rate for monthly parking.
5. Monthly fee (stabilized): Public rate for monthly parking x 90 spaces = flat monthly parking fee
6. 5-year phase-in monthly
rate:
Price based on projected average yearly occupancy rate:
• Year #1: public rate for monthly parking x 78 spaces
• Year #2: public rate for monthly parking x 81 spaces
• Year #3: public rate for monthly parking x 85 spaces
• Year #4: public rate for monthly parking x 87 spaces
• Year #5 (stabilized): public rate for monthly parking x 90 spaces
7. Contingencies in the
event that eastern
section of the Green
Garage becomes non-
operational
• 90 spaces represent 20% of the Green Garage’s capacity. Following
the initial 20-year term, a pro-rata number of parking spaces in the
remaining operable portion of the Green Garage will be designated for
hotel guest/hourly parking. For example, if the operational number of
parking spaces was reduced to 300 spaces, then a minimum of 60
spaces would be designated for hotel guest/hourly parking (300 x 0.20
= 60 spaces).
• Upon decommissioning of the eastern section of the Green Garage
and a City declaration that the section is surplus municipal property,
Hotel Ithaca may exercise an option to acquire the eastern section,
along with an access easement over the central section to provide
access to and from Green Street, for $1 for use as private parking.
• Following the initial 20-year term, in the event 90 parking spaces for
hotel guests are not available in the Green Garage but assuming a
minimum of 30 spaces are still available in the Green Garage, Hotel
Ithaca may exercise an option to relocate up to 60 parking spaces at a
nearby alternative parking facility subject to the following
qualifications:
‐ Location: at City’s discretion, but no greater than 1,000 linear feet
from the hotel.
‐ Price: 125% of the public rate for monthly parking for each space
located off-site of the Green Garage
‐ Term: 10 years (approximately 2035-2044) with options for an
additional three 5-year terms (ending in approximately 2060)
8. Hotel guest
entrance/exit:
Hotel guests not charged at exit gate with hotel validation. Unlimited
number of entrance/exits by hotel guests.
9. City facility
management:
• City agrees to manage parking operations to ensure sufficient parking
availability for hotel purchased parking during normal parking demand
subject to verification of hotel guest parking utilization assumptions.
The annual average hotel guest parking demand is 90 spaces per day.
The annual average peak hotel guest parking demand is 119 spaces
per day.
• City agrees to establish 2-way circulation lane between the center and
eastern sections of the Green Garage to provide a short-cut route to
the top deck without the need to drive through designated hotel/hourly
parking area of garage.
• City agrees to reserve 90 parking spaces for exclusive hotel guest use
on up to twelve (12) days per year selected by Hotel Ithaca to address
specific times of high hourly parking demand downtown, such as
during special events or graduation weekends.
• City agrees to work cooperatively with Hotel Ithaca to facilitate
development of a future access control system when equipment is
upgraded that will allow hotel guests to use active hotel room key
cards for entry/exits in a manner that provides the City with internal
accounting control of all entries/exits.
Assumptions: • Stabilized average hotel occupancy rate: 75%
• Drive rate/occupied room: 75%
• Total rooms (keys): 159
• Average parking demand for hotel guests: 159 x 0.75 x0.75 = 90
spaces
• Peak parking demand for hotel guests: 159 x 1.00 x 0.75 = 119
spaces
• Parking Spaces in Green Garage: 448 spaces
• All hotel employees and vendors will purchase parking separately.
• Surface parking under Green Garage excluded from this agreement.
Termination • Hotel Ithaca, LLC shall have the right to terminate the parking
agreement at any time in their sole discretion.
9.2 Ithaca Urban Renewal Agency (IURA) - Match Funding for Local Waterfront
Revitalization Program Grant, Relocation of New York State Department of Transportation
(NYS DOT) Maintenance Facility Feasibility Study - Resolution
WHEREAS, the City of Ithaca (City) and Tompkins County (County) collaborated on a joint grant application
seeking $56,000 from the Local Waterfront Revitalization Program (LWRP) to conduct a feasibility study and
financial plan for relocation of the NYS DOT Tompkins County maintenance facility from a Cayuga Inlet
waterfront site in the City of Ithaca to property NYS DOT purchased on the periphery of the Village of Dryden in
2005 for the maintenance facility, and
WHEREAS, Tompkins County, the formal applicant, was informed that $56,000 in LWRP funding has been
awarded for the feasibility study, and
WHEREAS, the LWRP program is administered by the New York State Department of State, and
WHEREAS, the feasibility study is projected to include the following elements:
• Update the cost estimate to move the NYS DOT facility
• Evaluate existing site conditions and develop a cost estimate to prepare the waterfront site for
redevelopment
• Conduct a market analysis to determine reuse potential and quantify redevelopment potential
• Develop a conceptual site redevelopment plan, including traffic circulation
• Develop a financial plan for implementing the DOT move and site redevelopment
• Develop an Request For Proposal to solicit developers for the site
• Conduct public participation and input process for all phases of the feasibility study, and
WHEREAS, the total project cost is projected to total $112,000, and
WHEREAS, the LWRP grant requires 50% match funding, and
WHEREAS, Tompkins County proposes to provide a $22,000 cash match and $6,000 in in-kind support
conditioned upon equal match funding from the City of Ithaca, and
WHEREAS, $6,000 of City in-kind support can be satisfied by City and IURA staff time working on the project,
and
WHEREAS, the source for the remaining $22,000 City cash match needs to be identified prior to the County
executing the grant agreement, and
WHEREAS, the City’s Unrestricted Contingency account currently has a balance of $108,000, and
WHEREAS, the 7.6 acre NYS DOT Tompkins County maintenance facility site should be redeveloped for uses
that take full advantage of its waterfront location and neighboring uses, and
WHEREAS, conducting a feasibility study that does not commit the City to an action is a listed Type II action
under CEQRO that requires no further environmental review; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby authorizes the transfer of an amount not to
exceed $22,000 from A1990 Unrestricted Contingency to Account A8020-5435 Contracts Planning, Building and
Economic Development as the cash match from the City of Ithaca for the $56,000 LWRP grant award to conduct
a feasibility study and financial plan for relocation and redevelopment of the NYS DOT Tompkins County
maintenance facility.
9.3 Department of Public Works - A Resolution Authorizing Implementation and Funding in
the First Instance 100% of the Federal Aid-Eligible Costs and State “Marchiselli” Program-Aid
Eligible Costs, of a Transportation Federal-Aid Project, and Appropriating Funds Therefore
WHEREAS, a Project for the Traffic Signal Upgrade Phase II, P.I.N. 375464 (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 80% Federal funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the
non-federal share of the costs of Preliminary Engineering and Design, and Construction and
Construction Inspection; and
WHEREAS, on March 2, 2011, Common Council approved funding in the first instance for the
preliminary engineering and design phases in an amount of $174,000, with the understanding that the
cost to the City would be 20% or $34,800, and
WHEREAS, as part of the approved 2012 budget, Common Council authorized funding in the first
instance in the amount of $764,000 for construction and construction inspection, with the
understanding that the cost to the City would be 20% or $152,800 (for a total project cost of $938,000
and a total cost to the City of 20% or $187,600), and
WHEREAS, during final design, cost estimates were updated and shown to be higher than anticipated
($165,000 more), but additional federal and state aid, $132,000 and $25,950, respectively, was made
available and
WHEREAS, on December 4, 2013, Common Council authorized, in the first instance, an additional
$165,000 for construction and construction inspection, with the understanding that the cost to the City
would be less than 5% or $7,050 (for a total project cost of $1,103,000 and a total project cost to the
City of $220,600), and
WHEREAS, public bids for construction were opened on April 9, 2014, with the low bid approximately
$75,000 higher than the engineer’s estimate, and
WHEREAS, while the design cost for the project came in under budget, the construction inspection
proposal is over budget, and
WHEREAS, the New York State Department of Transportation had indicated verbally that this project
may be eligible for additional federal and state aid to help defray the costs of construction and
construction inspection, but has not committed to funding levels as of this date, and
WHEREAS, under SEQR and CEQR, the replacement and upgrade of traffic control devices are
exempt from further environmental review as Type II actions; now, therefore, be it
RESOLVED, That 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 and non-federal share of the cost of Preliminary Engineering,
Design, Construction and Construction Inspection work for the Project or portions thereof,
and be it further
RESOLVED, That the sum of $75,000 is hereby appropriated from the issuance of serial bonds and
made available to cover the cost of participation in the above phase of the Project, and be it further
RESOLVED, That Common Council hereby amends Capital Project #765, Traffic Signal Upgrade
Phase II, to include the Project costs of $75,000, 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 23% of said portion, currently estimated at $269,650 of the
$1,178,000 authorized for this portion of the project, in monies and in-kind services as managed by
the Superintendent of Public Works and monitored by the City Controller, with the caveat that should
additional federal or state aid become available, it is recognized that the final cost to the City of Ithaca
may be less than this amount or percentage, and be it further
RESOLVED, That in the event the full federal and non-federal share 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 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, 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 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, This Resolution shall take effect immediately.
9.4 A Resolution to Authorize a Transportation Alternatives Program (TAP) Application -
Resolution
WHEREAS, the New York State Department of Transportation has noticed the availability of
the federal Transportation Alternatives Program, and
WHEREAS, on April 28, 2014 the Board of Public Works considered various projects that
would be eligible for such funding and recommended a project for Cascadilla Avenue, between
Cayuga and Tioga Streets, including the Sears Street pedestrian bridge, which is eligible for
funding under Title 23 U.S. Code, as amended, and
WHEREAS, enhancements in this area would help address important infrastructure needs,
including replacing the Sears Street pedestrian bridge, replacing and enhancing the railing
along the creek, and making pedestrian/bicycle enhancements at the intersections at either
end, and
WHEREAS, this corridor is a portion of the Bicycle Boulevard Plan, as approved by the Board
of Public Works September 24, 2012, and
WHEREAS, Common Council is interested in applying for a Transportation Alternatives
Program grant in order to design and construct enhanced pedestrian and bicycle facilities in
this area; now, therefore be it
RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit
an application for funding to the New York State Department of Transportation in accordance
with the provisions of the Transportation Alternatives Program, in a amount not to exceed
$750,000, and upon approval of said request to enter into and execute a project agreement
with the State for such financial assistance to the City of Ithaca for design, right-of-way
acquisition, construction and construction inspection of a project to enhance pedestrian and
bicycle accommodations in the Cascadilla Avenue corridor from Cayuga Street to Tioga
Street, and be it further
RESOLVED, That contingent upon award of the Transportation Alternatives Program funds,
Common Council hereby authorizes the establishment of Capital Project #802 to pay, in the
first instance, 100% of the federal and non-federal share of the cost of all work for the Project,
and be it further
RESOLVED, That contingent upon award of the TAP funds, the sum not to exceed $750,000
is hereby appropriated from serial bonds and made available to cover the cost of participation
in the above Project in the first instance, and be it further
RESOLVED, That the total project cost shall not exceed $750,000 with the understanding that
the breakdown of funds to be approximately $600,000 in federal Transportation Enhancement
Program funds, and $150,000 in City of Ithaca serial bond financing, to be administered by the
Superintendent of Public Works, and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the City of Ithaca Common Council shall convene as
soon as possible to appropriate said excess amount immediately upon the notification by the
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 is hereby authorized to
execute all certifications or reimbursement requests for Federal Aid and/or Multi-Modal
Program Funding on behalf of the City of Ithaca with NYSDOT 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 all Project costs that are not so eligible, 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.
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Resolution to Select Artwork for a Mural Installation on the Snow Enclosure of the
Green Street Parking Garage
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 walls in the City garages on Green Street and Seneca Street, by resolution on May 19,
2010, and
WHEREAS, Onondaga Nation artist Brandon Lazore has submitted his proposal for a mural titled
“Women’s Nomination” as part of the PAC’s Mural and Street Art Program, and
WHEREAS, the PAC discussed Mr. Lazore’s mural proposal at its meeting on April 9, 2014 and, upon
review of the potential mural sites pre-approved by the Board of Public Works, agreed that the south
side of the snow enclosure of the Green Street Parking Garage would be an appropriate location for
the proposed mural, and
WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on
April 23, 2014 to gather input on the proposed installation, and the majority of the responses to the
proposal have been positive, and
WHEREAS, the artist will receive funding through the Downtown Ithaca Alliance’s “Art in the Heart”
program to install the mural, and the installation will be budget-neutral to the City, and
WHEREAS, at its meeting on April 23, 2014, the Public Art Commission unanimously voted to
recommend that the Common Council select Brandon Lazore’s “Women’s Nomination” mural to be
installed on the south side of the snow enclosure of the Green Street Parking Garage; now, therefore,
be it
RESOLVED, That the City of Ithaca Common Council selects Brandon Lazore’s “Women’s
Nomination” mural, as recommended by the Public Art Commission, to be installed on the south side
of the snow enclosure of the Green Street Parking Garage and to be added to the City of Ithaca’s
public art collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of his mural upon the execution
of an agreement with the City as reviewed by the City Attorney.
318 Hawley Ave.Syracuse, NY 13203 (315) 466-1064Brandonlazore@yahoo.com
My name is Brandon Lazore. I am Snipe clan from the Onondaga Nation. I graduated Magna Cum Laude from Onondaga Community college where I studied art. My work celebrates Haudenosaunee culture and serves as a learn-ing tool for passersby. I’ve been painting murals since the mid 90’s in many NY cities, primarily my hometown Syra-cuse. Recently, I am becoming more and more well known for my paintings. As you may know, in the summer of 2013, I was chosen to paint a mural to honor of the 400 year anniversary of the Two row wampum. It can be seen there today on the south face of the Seneca street garage in Ithaca, NY. This summer, I will be painting a piece at the Iro-quois Indian museum in Howes Cave, NY.
My mural proposal is called “Women’s Nomination.” It is dedicated to all woman of the Haudenosaunee. In the top right corner of the painting is a silhouette of “Skywoman” a woman falling from Sky World. In moments, she will be caught in the air by flying geese and put on turtles back - “Turtle Island.” In her hands she holds roots of the three sis-ters - corn, beans, and squash. The elder woman in the green represents a Clan Mother, grandmother, elder. The woman in the purple blanket is her daughter and the baby is her daughter ’s daughter. The wampum belt is the Women’s Nomi-nation Belt which represents among other things the right that Haudenosaunee woman have to give their child a clan, to chose the names given to the children, and to choose who will be the chiefs in the confederacy. Strawberries represent medicine like a mother’s love is medicine to a child. The moon represents fertility and how it’s cycle plays a huge role in every woman’s life. The Sky Domes in the top left is inspired by traditional Haudenosaunee art decorating our cloth-ing for centuries. It represents the sky world and the plants that were given to us corn, beans, squash, and tobacco.
I will be painting this piece mainly in acrylic paint with some details in spray paint. My first choice is the wall under the red steps of the snow enclosure on Green St. Of course I will adjust the shape of the painting to fit the space you choose. The timeline I have available is flexible. I am simultaneously turning this proposal in as a submission for Art in the Heart. As needed, I am happy to work with the Public Art Commission to ensure this project is successful.
I feel this mural would be great for Ithaca because it is dedicated to the feminine side of the Haudenosaunee culture, and people can have a better understanding of how important the woman in our culture is to are society.
Thank you for your time,Brandon Lazore
Brandon Lazore 318 Hawley Ave.Syracuse, NY 13203 (315) 466-1064Brandonlazore@yahoo.com
“Women’s Nomination”
10.2 2014 Ithaca Urban Renewal Agency (IURA) Action Plan, HUD Entitlement Grant –
Resolution
WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to
address community development needs through the U.S. Department of Housing & Urban
Development (HUD) Entitlement program from the Community Development Block Grant program
(CDBG) and the Home Investment Partnerships program (HOME) funding sources, and
WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer,
implement, and monitor the City’s HUD Entitlement program in compliance with all applicable
regulations, and
WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD Entitlement
program funding allocated to the City, and
WHEREAS, the 2014 Action Plan identifies a specific list of budgeted community development
activities to be funded from the 2014 HUD Entitlement program allocation and associated funds
administered by the IURA, and
WHEREAS, funding available to be allocated through the 2014 Action Plan funding process is
anticipated to be the following:
$675,538 CDBG 2014 allocation
$18,682 CDBG 2013 carryover
$7,600 CDBG 2012 recaptured funds
$140,000 CDBG 2014 projected program income
$441,774 HOME 2014 allocation
$220 HOME 2013 carryover
$454,127 Neighborhood Housing Initiative bond
$1,737,941 Total, and
WHEREAS, the IURA utilized an open and competitive project selection process for development of
the 2014 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and
WHEREAS, at their April 17, 2014 meeting, the IURA adopted a recommended 2014 Action Plan;
now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby adopts the IURA-recommended
2014 Action Plan, dated April 15, 2014 for allocating the 2014 HUD Entitlement Program award along
with additional funds listed above totaling $1,737,941, and be it further
RESOLVED, That the Ithaca Urban Renewal Agency Plan shall be amended to include activities
funded in the adopted 2014 Action Plan.
10.3 Expansion of the Local East Hill Historic District to Include 109, 111, 112, 114, and 115
Orchard Place - Resolution
WHEREAS, as set forth in Section 228-3 of the City of Ithaca Municipal Code entitled “Landmarks
Preservation”, the Ithaca Landmarks Preservation Commission may recommend designation of
individual landmarks and districts of historic and cultural significance, and
WHEREAS, on April 8, 2014, the Ithaca Landmarks Preservation Commission conducted a public
hearing for the purpose of considering a proposal to expand the local East Hill Historic District to
include the five above-referenced properties on Orchard Place, and
WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act and an
Unlisted Action under the City Environmental Quality Review Ordinance and after conducting
appropriate environmental review the Ithaca Landmarks Preservation Commission, acting as Lead
Agency, has determined that the proposal will not have a significant environmental impact, and
WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks Preservation
Ordinance and has voted to expand the local East Hill Historic District to include these five properties,
and
WHEREAS, Section 228-3 of the City of Ithaca Municipal Code states that Common Council shall,
within ninety days of said recommendation, designate, approve, disapprove or refer back to the
Commission for modification, and
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Planning Board shall file a report
with Common Council with respect to the relation of such designation to the comprehensive plan, the
zoning law, projected public improvements, and any plans for the renewal of the site or area involved,
and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of the
designation has been reviewed by the Common Council; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council finds that the designation of these five
properties will not conflict with the comprehensive plan, existing zoning, projected public
improvements, or any plans for renewal of the site and area involved, and be it further
RESOLVED, That the East Hill Historic District, as expanded by the addition of these five properties,
continues to meet the definition of a local historic district as set forth in the City of Ithaca Municipal
Code, as follows:
An area which contains primarily properties which meet one or more of the criteria for
designation as an individual landmark, namely:
1. Possessing special character or historic or aesthetic interest or value as
part of the cultural, political, economic, or social history of the locality,
region, state, or nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style;
or
4. Being the work of a designer whose work has significantly influenced an
age; or
5. Representing an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristics.
and is an area which constitutes a distinct section of the city by reason of
possessing those qualities that would satisfy such criteria.
and be it further
RESOLVED, That the City of Ithaca Common Council approves the expansion of the local East Hill
Historic District to include the properties located at 109, 111, 112, 114, and 115 Orchard Place under
Section 228-3 of the City of Ithaca Municipal Code.
10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178 Entitled
“Exterior Maintenance” in Order to Impose a Total Ban of Outdoor Wood-Burning Furnaces
within the City of Ithaca
WHEREAS, Common Council finds that outdoor wood-burning furnaces can provide an alternative to
conventional heating systems, generating hot water heat through the use of on-site wood fires rather
than coal or gas, and
WHEREAS, Common Council also finds that smoke from these outdoor furnaces often contains
unhealthy levels of particulate matter, dioxins, carbon monoxide, nitrogen dioxide, sulfur dioxide,
hydrochloric acid, formaldehyde, and other toxic pollutants, and
WHEREAS, Common Council finds that exposure to smoke from these furnaces can cause adverse
effects to respiratory and cardiovascular systems and exacerbate existing asthmatic sensitivity and
lung illness, especially among children and the elderly, and
WHEREAS, Common Council finds that outdoor furnaces are intended to burn only natural wood, but
homeowners sometimes add other materials, which can produce toxic air pollutants when burned, and
WHEREAS, Common Council has determined the most effective way to ensure the health, safety,
and general welfare of the citizens of the City of Ithaca in this instance is to prevent the construction
and operation of outdoor wood-burning furnaces; now, therefore
BE IT ORDAINED AND ENACTED by the Common Council as follows:
Section 1. Chapter 178-2, entitled “Definitions,” of the City of Ithaca Code, is hereby amended to
include an additional definition:
“Outdoor Wood-Burning Furnace: an exterior device or structure, designed or intended, through the
burning of wood, for the purpose of heating the principal structure, or any other structure on the
premises.”
Section 2. Chapter 178-4, entitled “Standards for exterior structures,” of the City Code is hereby
amended through the addition of a new subsection E, to read as follows:
“E. No outdoor wood-burning burning furnace shall be installed, constructed, maintained or operated
on the exterior property of premises within the City.”
Section 3. Severability. Severability is intended throughout and within the provisions of this
ordinance. 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 portion.
Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law
upon publication of notice as provided in the Ithaca City Charter.