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HomeMy WebLinkAboutMN-CC-2024-12-04YouTube Link: Date: Location: 12-04-2024 COMMON COUNCIL Meeting Minutes Voting Record 1.Pride of Ownership Awards 5:30pm 2. Call to Order 2.1 Emergency Evacuation 2.2 Agenda Review 2.3 Reports of Municipal Officials Attendance Record of Voting Members Name Present Absent/Excused Mayor - Robert Cantelmo X 1st Ward - Kayla Matos X 1st Ward - Phoebe Brown X 2nd Ward - Ducson Nguyen X 2nd Ward - Kris Haines-Sharp X 3rd Ward - David Shapiro X 3rd Ward - Pierre Saint-Perez X 4th Ward - Patrick Kuehl X 4th Ward - Tiffany Kumar X 5th Ward - Margaret Fabrizio X 5th Ward - Clyde Lederman X Also Present: Alderperson Brown is out on an excused absence. Discussion Summary: The December 4th 2024 Common Council Meeting is called to order at 6:02pm. Timestamp 0:57 Discussion Summary: Emergency Evacuation was read for those in attendance. Timestamp 1:08-1:39 Discussion Summary: Approval of The City of Ithaca/Town of Ithaca Fire Contract Resolution has been added as the new 6.7 Agenda Item. Mayor Cantelmo added a Mayoral Appointment to TCAT to the agenda as the new 7.2 agenda item. No other additions or deletions to agenda. Timestamp 1:45-3:08 Discussion Summary: Tompkins County Legislator Veronica Pillar presented Council with County updates including the passing of the County Budget and the purchasing of the Cherry Street property for the future building of an emergency shelter and Code Blue Site. Timestamp 3:11-10:56 Wednesday December 4, 2024 City Hall Council Chambers https://tinyurl.com/36u2mrjc 2.4 Proclamations and Awards- Quarterly Recognition 3.Review and Approval of Minutes 3.1 November 6th, 2024, Common Council Meeting Minutes 4.Petitions and Hearings of Persons Before Council 4.1 Public Hearing- RestoreNY9 Grant Application- Waters Edge- Phase 1 Discussion Summary: Quarterly Recognition Award presented to Kristina Wendling from Ithaca Fire Department. Timestamp 11:08-12:34 Discussion Summary: No discussion on the approval of minutes. Alderperson Lederman was temporarily absent from the vote, and Alderson Brown was excused. Timestamp 12:43-13:15 Moved By: Pierre Saint-Perez Seconded By: Kris Haines-Sharp Motion Summary: Motion to approve 11-06-2024 Common Council Meeting Minutes Vote Passed 9-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Discussion Summary: The public hearing was opened, and one person from the public offered comments to the council. Members from the Youth Council were also in attendance to observe. Timestamp 14:40-15:16 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Motion to Open Public Hearing for RestoreNY9 Timestamp 14:30-14:37 Vote Passed 10-0 Carried Unanimously 4.2 Statements from the Public 4.3 Privilege of the Floor- Mayor and Council 5.Consent Agenda Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Pierre Saint-Perez Seconded By: Clyde Lederman Motion Summary: Motion to Close Public Hearing Timestamp 15:24-15:30 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Members of the public spoke to Council on topics of concern surrounding the City of Ithaca, Asteri, the Commons, Zoning, and Audits. Timestamp 15:37-30:14 Discussion Summary: The Mayor and Council addressed the public's concerns by offering comments and responses. Timestamp 30:18-35:45 Discussion Summary: No discussion on Consent Agenda Items. Moved by Alderperson Matos and Seconded by Alderperson Saint Perez. Timestamp 35:47-35:59 Moved By: Kayla Matos Seconded By: Pierre Saint-Perez 5.1 2025 Parking Rates- Cayuga Street Garage 5.2 Amendment to 2024 Youth Bureau Budget 5.3 Amendment to Personnel Roster- Ithaca Youth Bureau 5.4 Memorandum of Understanding with Town Regarding Code Inspections of Meinig Fieldhouse 5.5 Amendment to Personnel Roster- Attorney's Office 5.6 Amendment to Personnel Roster- Human Resources Specialist 6.New Business / Member Filed 6.1 Ordinance- Proposed Waterfront Zoning Amendment- Urban Beverage Producer Motion Summary: Motion to approve Consent Agenda items 5.1-5.6 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Abstain Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Moved and summarized by Alderperson Saint-Perez. Mayor Cantelmo noted this is just a code adjustment oversight. No discussion on the ordinance. Timestamp 36:06-36:43 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Ordinance To Amend the Municipal Code of the City of Ithaca Chapter 325, Section 8 Entitled "District Regulation" To Include Urban Beverage Producer as a permitted primary use in the Cherry Street, West End/Waterfront Market, and Newman Districts Vote Passed 10-0 Carried Unanimously 6.2 Ordinance- Rezone a portion of the R-U District to U-1 6.3 RestoreNY9 Grant Application- Waters Edge- Phase 1 Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: The The ordinance was moved and summarized by Alderperson Lederman. No discussion from Council. Timestamp 36:47-37:18 Moved By: Clyde Lederman Seconded By: David Shapiro Motion Summary: Ordinance to Amend the Municipal Code of the City of Ithaca. Chapter 325, Entitled "Zoning" To Amend the Zoning District Boundaries of the R- U and U-1 Zoning Districts within the City of Ithaca. Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Moved and summarized by Mayor Cantelmo. No further discussion from Council. Timestamp 37:20-39:00 Moved By: Robert Cantelmo Seconded By: Clyde Lederman Motion Summary: Motion to Authorize Restore NY Round 9 Water's Edge Phase 1 Funding Application 6.4 NYSERDA Clean Energy Communities Grant Funding 6.5 NYCOM State Aid 6.6 Adoption of the 2025 Tax Rate Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Moved and summarized by Alderperson Saint-Perez, seconded by Alderperson Haines-Sharp. No questions or discussion from Council. Timestamp 39:08-40:24 Moved By: Pierre Saint-Perez Seconded By: Kris Haines-Sharp Motion Summary: Approval of NYSERDA Clean Energy Communities Grant Funding; Establishment of a Capital Project to receive NYSERDA Clean Energy Communities Grant Funding Vote 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Moved and summarized by Mayor Cantelmo, seconded by Alderperson Fabrizio. No further discussion on the item. Timestamp40:30-42:14 7.Mayor Appointments 7.1 Appointment to the Board of Zoning Appeals Discussion Summary: Moved and summarized by Alderperson Kumar. This is a procedural vote to adopt the 2025 tax rate; there are no changes to the Adopted 2025 Budget. Timestamp 42:22-43:27 Moved By: Tiffany Kumar Seconded By: Pierre Saint-Perez Motion Summary: Adoption of the 2025 Tax Rate Vote Passed 8-2 Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X 6.7) Approval of City of Ithaca/Town of Ithaca Fire Contract Discussion Summary: The new Agenda item 6.7 was moved and read in its entirety by Mayor Cantelmo. There is no further discussion on the item. Timestamp 43:33- 45:24 Discussion Summary: Mayor Cantelmo reappointed David Barken and Andre Gardiner to the Board of Zoning Appeals for a 3 year term. Timestamp 45:25- 45:42 Moved By: Robert Cantelmo Seconded By: Motion Summary: Re-appointments to the Board of Zoning Appeals Vote Passed 10-0 Carried Unanimously 8.Report of City Controller 9.Report of City Manager 9.1 City Manager Monthly Report- Month of December Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X 7.2) Appointment To TCAT Discussion Summary: New item 7.2- Mayor Cantelmo recommends that former Mayor Laura Lewis be appointed to serve as Chair of the TCAT Board to replace a former member who has stepped down before the completion of their term. Mayor Cantelmo pointed out there will be a second appointment for the regular term early 2025. Timestamp 45:43:46:40 Moved By: Robert Cantelmo Seconded By: Motion Summary: Recommendation to Appoint Laura Lewis to TCAT Board Vote Passed 10-0 Carried Unanimously Member Approve Deny Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Deputy City Controller Wendy Cole presented Council with the Audit report; City Controller responded to Council's questions and comments. Timestamp 46:43-1:03:08 Discussion Summary: Mayor Cantelmo opened the floor to Council to ask questions about the City Manager's report. Timestamp 1:03:12-1:09:53 10.Reports from Council and Staff 10.1 Reports Of City Attorney 10.2 Report Of City Clerk 11.Executive Session 11.1 Executive Session to discuss pending litigation- Opioid Settlement Discussion Summary: No report from the City Attorney or City Clerk's office. Timestamp1:09:53-1:09:59 Discussion Summary: Council entered into an Executive Session to discuss pending litigation. Timestamp 1:10:02-1:12:23 Council returned from Executive session with a vote on the Opioid Settlement resolution. Timestamp 1:12:24-1:15:22 Moved By: Pierre Saint-Perez Seconded By: Kayla Matos Motion Summary: Motion to enter into executive session. Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Pierre Saint-Perez Seconded By: Patrick Kuehl Motion Summary: Motion to Exit Executive Session. Vote Passed 10-0 Carried Unanimously 12.Meeting Wrap Up 12.1 Announcements 12.2 Next Meeting 12.3 Meeting Adjourn Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Moved By: Robert Cantelmo Seconded By: Pierre Saint-Perez Motion Summary: Resolution Authorizing and Approving Settlement Agreements to an Action Relating to the Opioid Crisis – Various Defendants Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Robert Cantelmo X Kayla Matos X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Patrick Kuehl X Tiffany Kumar X Margaret Fabrizio X Clyde Lederman X Discussion Summary: Mayor Cantelmo announced that Council's January 2025 legislator Calander meeting dates will be sent via email; Alderperson Matos announced the city of Ithaca will be hosting rezoning plans at the southside community center. Timestamp 1:15:24- 1:16:00 Discussion Summary: Next meeting January 8th, 2025. Discussion Summary: Meeting Adjourned at 7:17 pm. Timestamp 1:16:01- 1:16:05 Adopted 1-8-2025 Shaniqua Lewis, Deputy City Clerk City of Ithaca Date: Time: Location: Watch Online: Wednesday December 4, 2024 6:00 PM City Hall Council Chambers https://www.youtube.com/@CityofIthacaPublicMeetings 12-04-2024 COMMON COUNCIL REGULAR MEETING AGENDA 1. Pride of Ownership Awards 5:30pm 2.Call to Order 2.1. 2.2. 2.3. 2.4. 3.Review and Approval of Minutes 3.1. 4.Petitions and Hearings of Persons Before Council 4.1. 4.2. 4.3. 5.Consent Agenda 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. 6.New Business / Member Filed 6.1. 6.2. 6.3. 6.4. 6.5. 6.6. 7.Mayor Appointments 7.1. 8.Report of City Controller 9.Report of City Manager 9.1. 10.Reports from Council and Staff 10.1. 10.2. Presentation to take place before the 6:00 pm Regular Business Meeting. Emergency Evacuation Agenda Review Reports of Municipal Officials Proclamations and Awards- Quarterly Recognition November 6th, 2024, Common Council Meeting Minutes Public Hearing- RestoreNY9 Grant Application- Waters Edge- Phase 1 Statements from the Public Privilege of the Floor- Mayor and Council 2025 Parking Rates- Cayuga Street Garage Amendment to 2024 Youth Bureau Budget Amendment to Personnel Roster- Ithaca Youth Bureau Memorandum of Understanding with Town Regarding Code Inspections of Meinig Fieldhouse Amendment to Personnel Roster- Attorney's Office Amendment to Personnel Roster- Human Resources Specialist Ordinance- Proposed Waterfront Zoning Amendment- Urban Beverage Producer Ordinance- Rezone a portion of the R-U District to U-1 RestoreNY9 Grant Application- Waters Edge- Phase 1 NYSERDA Clean Energy Communities Grant Funding NYCOM State Aid Adoption of the 2025 Tax Rate Appointment to the Board of Zoning Appeals City Manager Monthly Report- Month of December Reports Of City Attorney Report Of City Clerk 1 11.Executive Session 11.1. 12.Meeting Wrap Up 12.1. 12.2. 12.3. Executive Session to discuss pending litigation- Opioid Settlement Announcements Next Meeting Meeting Adjourn Public Comment Forum The public can provide short statements during this portion of the meeting. 3 minutes is the maximum time allotted, but the chair reserves the right to modify the amount of time per individual at the start of the meeting. Only the first hour of the meeting is set aside for Public Comment. Groups of 3 or more speakers are allotted more speaking time. For Longer Speaking Time - Multiple speakers on the same topic can speak as a group with one Designated Speaker to represent the Group. This will give you more time to share your thoughts and concerns during the Public Comment Forum. 3-4 Persons with One Designated Speaker - Alotted 5 minutes 5 or More Persons with One Designated Speaker - Alotted 7 minutes Can't Come to the Meeting but still want to speak? Register to Speak Virtually - https://tinyurl.com/7ts9zmku Attending the Meeting to Speak in Person? Pre-Registration Not Required Comment Cards are provided to those who attend in person. Once you have filled out your Comment Card, please hand your card to the Clerk. Your name will be called to speak in the order the cards are received. Please Note Comment Cards will be accepted up until the Public Comment Forum begins or a maximum of 30 speakers, whichever comes first. Once we have reached a maximum of 30 speakers, you can submit your comment using the Written Comment Link Below. Want to Submit a Comment and Not Speak in Person? To Submit Written Comments - https://tinyurl.com/mr9kdhw8 *Written comments submitted with be compiled and entered into the record. 2 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Human Resources Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Mayor Robert Cantelmo DATE:December 4, 2024 RE:Proclamations and Awards- Quarterly Recognition ITEM #:2.4 MEMORANDUM Candidate recognition for Kristina Wendling ATTACHMENTS: Wendling, Kristina - Nomination.pdf 3 mailto:hrdept@cityofithaca.org?subject Quarterly Recognition QUARTERLY RECOGNITION NOMINATION FORM Candidate for Recognition: Reason for Nomination: Submitted By: Created on 7/3/18 4 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Nels Bohn, Director of Community Development, Ithaca Urban Renewal Agency Emma Recckio, Grant Administrator DATE:December 4, 2024 RE:Public Hearing- RestoreNY9 Grant Application- Waters Edge- Phase 1 ITEM #:4.1 MEMORANDUM The purpose of the hearing is to obtain citizen’s views and comments relative to the submission of an application to Empire State Development for financial assistance under the Restore NY Communities Initiative. The proposed Waters Edge – Phase 1 project includes the demolition of three former NYSDOT maintenance buildings and the construction of approximately 200 rental housing units, 20% of which will be below market rate units. The project sponsor is Waters Edge Ithaca, LLC. 5 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ithaca Urban Renewal Agency Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Nelsh Bohn, IURA Director of Community Development DATE:December 4, 2024 RE:2025 Parking Rates- Cayuga Street Garage ITEM #:5.1 MEMORANDUM Consent- Modify 2025 parking rates at the Cayuga Garage to move toward parity with Seneca and Green garage parking rates. To achieve a balanced budget, the 2025 budget requires increased revenues. ATTACHMENTS: parking rates resolution for Cayuga 2025 nb_Nels Bohn.pdf 6 Proposed Resolution Common Council December 2024 2025 Parking Rates, Cayuga Street Garage – Resolution WHEREAS, parking rates at the Cayuga Garage are set by the City, and WHEREAS, a condition assessment of the facility was completed in 2023 which found the 20-year-old structure is in good condition but requires a series of investments to preserve and extend the service life of the garage for an additional 30 years, and WHEREAS, current annual revenues are insufficient to support a systematic capital investment program to preserve and extend the service life of the garage, and WHEREAS, the City Manager will convene a working group in 2025 to develop recommendations for updated parking rates citywide, and WHEREAS, the proposed 2025 parking rate increases are projected to be sufficient to achieve a balanced budget for the Cayuga Garage if they become effective in January 2025, and WHEREAS, the 2024 monthly parking rate at Green and Seneca garages is $105/month, and WHEREAS, Cayuga Garage management recommends Cayuga Garage rates move toward parity with Green and Seneca Garages; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the proposed 2025 parking rates for the Cayuga Street parking garage as follows: Actual Proposed Amount Cayuga Street Garage, Day and Night All Levels, including long-term storage $93.00/mo $101.40/mo 9% Increase Contract Cornell Rate* $66.90/mo $70.58/mo 5.5% increase Contract TC3 $81.84/mo $89.21/mo Actual Proposed Amount Cayuga Street Garage Per hour $1/hour $2/hour $1 increase Maximum $10/day $12/day $2 increase Special Event Rate (weekend day entrance fee, 24-hour parking limit) Downtown garages $5 $5 No Change *The Cornell Office Parking Agreement expires 7/31/25 7 . And be it further, RESOLVED, that all rates shall go into effect January 1, 2025. 8 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ithaca Youth Bureau Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Gregg Houck, Director Ithaca Youth Bureau DATE:December 4, 2024 RE:Amendment to 2024 Youth Bureau Budget ITEM #:5.2 MEMORANDUM Consent- A resolution to adjust the revenue and expense lines for the Tae Kwon Do program due to increased levels of youth participation. ATTACHMENTS: Resolution to Amend IYB Budget - November 202_Gregg Houck.pdf 9 11/1/24 Resolution to Amend the Youth Bureau 2024 Budget WHEREAS, the Youth Bureau contracts instructors for Tae Kwon Do programming; and WHEREAS, session registrations increased throughout the year; and WHEREAS, the Youth Bureau received more than the projected revenue; and WHEREAS, the Youth Bureau will need to pay more than the budgeted contractual expense to cover the increase in participation, now, therefore, be it RESOLVED, that the 2024 Youth Bureau Budget shall be amended as follows: Increase Expenses: A7310-5435-01541 $4,400 Increase Revenues: A7310-2001-01541 $4,400 10 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Ithaca Youth Bureau Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Gregg Houck, Director Ithaca Youth Bureau DATE:December 4, 2024 RE:Amendment to Personnel Roster- Ithaca Youth Bureau ITEM #:5.3 MEMORANDUM Consent- Vote to defund the position of Office Manager and fund the position of Fiscal Manager for the Youth Bureau. ATTACHMENTS: Resolution Amendment to Personnel Roster IYB Fiscal Manager - Novem_Gregg Houck.pdf 11 Resolution to defund the position of Office Manager and fund the authorized position of Fiscal Manager within the Youth Program Unit of the City of Ithaca Schedule of Authorized Personnel for the Year 2024 WHEREAS, the Youth Bureau has assessed its current staffing needs and has determined that because of the scope and scale of the department, it would be beneficial to have a position that provides strong planning, directing, and supervising of its fiscal, accounting, and office management functions; WHEREAS, the typical work duties for the position of Office Manager limits the ability of that role to support these needs; WHEREAS, the Ithaca Youth Bureau has an unfunded Fiscal Manager position; WHEREAS, the position of Fiscal Manager aligns more fully with the typical work duties of the paragraph above; WHEREAS, this amendment does not require any amendments to the 2024 Youth Bureau budget now, therefore be it RESOLVED THAT, that the City of Ithaca Schedule of Authorized Personnel Youth Program Unit shall be amended effective December 5, 2024 as follows: Defund: One (1) Office Manager – 40 hours Fund: One (1) Fiscal Manager – 40 hours 12 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Victor Kessler, City Attorney DATE:December 4, 2024 RE:Memorandum of Understanding with Town Regarding Code Inspections of Meinig Fieldhouse ITEM #:5.4 MEMORANDUM Consent- MOU with Town of Ithaca to allocate responsibility for new Cornell facility inspections that cross municipal boundaries. ATTACHMENTS: 84_Resolution_Meinig Fieldhouse Resolution.pdf 84_Memo_Meinig Fieldhouse MOU Memo.pdf 84_2024-11-1 City-Town MOU re Fieldhouse Permitting and Inspections.pdf 13 A Resolution to Authorize an Intermunicipal Agreement between the City of Ithaca and the Town of Ithaca Regarding Permitting, Inspections, and Other Services Relating to the Cornell University Meinig Fieldhouse Project WHEREAS, Cornell University is pursuing a project to construct certain new recreational facilities to serve its campus (the “Project”); and WHEREAS, the Project crosses the municipal boundary between the City of Ithaca (“City”) and the Town of Ithaca (“Town”) on tax parcels 31.-1-1.2 (City) and 67.-1-13.2 (Town) and is subject to regulation by both jurisdictions, with the majority of the Project sited in the City; and WHEREAS, New York State law permits municipalities to enter into agreements to jointly administer and enforce permitting and code requirements; and WHEREAS, the City and the Town wish to enter into an intermunicipal agreement whereby the City shall, subject to certain limitations set forth in the agreement, conduct all permitting, inspections, and certain other enumerated services relating to the Project in both jurisdictions as if the Project were located within the City and, in exchange, retain all permitting and inspection fees; now, therefore, be it RESOLVED, that City Manager, subject to the advice of the City Attorney, is hereby authorized to enter into an intermunicipal agreement relating to permitting, inspection, and other services for the Project in a form substantially similar to that attached hereto. 14 MEMORANDUM To: Common Council Date: November 1, 2024 Re: Intermunicipal Agreement Regarding Permitting, Inspection, and Other Services for Meinig Fieldhouse Council Members, Accompanying this document you will find a resolution authorizing the City to enter into an intermunicipal agreement with the Town of Ithaca governing permitting, inspection, and other services for the Cornell Meinig Fieldhouse project (“Project”). Briefly, the Project straddles the border between the City and the Town, with the bulk of the project located within the City. New York state law permits municipalities to enter into agreements with each other regarding permitting, code enforcement, and other similar services, and past practice has been to utilize such agreements for projects and structures that would otherwise be subject to the jurisdiction of both the City and the Town (or the Village of Cayuga Heights). Because of the siting of the project, the attached agreement contemplates that the City will provide such services for the Project, subject to a few minor exceptions described in the document. The City will also be entitled to retain all permitting, inspection, and other fees for the services provided. This arrangement will eliminate the need for complicated coordination with the Town and Cornell regarding the mechanics of permitting and inspecting only three quarters of a structure. Please do not hesitate to reach out if you should have any questions. I or another member of my office will be present when this item is discussed before Council to address any concerns. Sincerely, Victor J. Kessler City Attorney 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Victor J. Kessler, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Catherine E. M. Muskin, Assistant City Attorney James F. Kenniff, Assistant City Attorney 15 1 Agreement Between the City of Ithaca and the Town of Ithaca for Building Permitting, Inspection, and Related Services for the Cornell University Meinig Fieldhouse Project This Agreement is effective as of ______________, 2024. WHEREAS, Cornell University (hereafter, “Cornell”), c/o its Division of Student and Campus Life Athletics, Ithaca, New York 14853, has proposed a project on its central campus to construct the new Meinig Fieldhouse (“Fieldhouse”) and an outdoor, general purpose recreational field on tax parcels 31.-1-1.2 (City) and 67.-1-13.2 (Town); and WHEREAS, the Fieldhouse proposal requires approval of the City of Ithaca (hereafter, the “City”), 108 E. Green Street, Ithaca, New York 14850, and the Town of Ithaca (hereafter, the “Town” and, collectively with the City, the “Municipal Parties”), 215 N. Tioga Street, Ithaca, New York 14850; and WHEREAS, the proposed new location for the outdoor general recreation field is entirely within the geographic bounds of the City, and an existing field hockey field to be removed from the site and the proposed Fieldhouse are within the geographic bounds of both Municipal Parties; and WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5-G of the General Municipal Law empower local governments in the State of New York to enter into agreements amongst themselves for the provision of joint services, and Executive Law § 381(2) states “Two or more local governments may provide for joint administration and enforcement of the uniform code, the state energy conservation construction code, or both, by agreement pursuant to article five-G of the general municipal law”; and WHEREAS, the City and the Town agree that the proposed Meinig Fieldhouse Site shown on attached Exhibit A (the “Site”) is best served by uniform building permitting, code inspection, 16 2 and related services for all proposed structures and improvements associated with the proposed Fieldhouse; NOW THEREFORE, in consideration of the mutual covenants and consideration contained herein, the Municipal Parties agree and contract as follows: 1. All portions of the Site within the geographic boundaries of the City (as shown on Exhibit A) are subject to the City’s zoning ordinance, City Code Chapter 325, the City’s site plan review requirements, City Code Chapter 276, and all other City Code requirements. 2. All portions of the Site within the geographic boundaries of the Town (as shown on Exhibit A) are subject to Town Code requirements, except City Code Chapter 146 (Building Code Enforcement) (including Article VII thereof [Establishment and Implementation of the Ithaca Energy Code Supplement]) and Chapter 181 (Fire Prevention) shall apply instead of Town Code Chapter 144 (Energy Code Supplement), Chapter 125 (Building Construction and Fire Prevention) and Town Code § 270-233.A (permit to build). Town Code requirements that apply within the Town’s geographic boundaries include, but are not limited to, Town Code Chapter 270 (Zoning) (except for § 270-233.A (Permit to build)), Chapter 173 (Outdoor Lighting), Chapter 228 (Stormwater Management and Erosion and Sediment Control), sewer requirements in Town Code Chapters 210 and 214-217, and water requirements in Town Code Chapters 256 and 261. The applicable Town Code requirements are collectively referred to as “Applicable Town Code Requirements.” 3. Except for fees and charges associated with building permits, certificates of occupancy/compliance, and inspections described in Sections 7 and 9 below, or as otherwise specified in Section 10 below, each Municipal Party shall apply, collect and keep all other typically assessed charges or fees associated with all buildings, structures and improvements on 17 3 the Site within its jurisdiction (such as zoning, special permit, site plan, variance and utility fees and charges). 4. The City shall consult with building permit applicants, process all initial and future building applications, and issue all initial and future building permits as required by Part 1203 of Title 19 of the New York Codes, Rules and Regulations (NYCRR) and as specified in Section 6 below, for all buildings, structures, and improvements located on the Site requiring such permits regardless of geographic location, including all future proposed buildings, structures, and improvements, provided that this shall only apply to building applications filed after the effective date of this Agreement. All references in this agreement to buildings, structures and/or improvements shall include any alterations or repairs made to them. 5. The City shall issue no building permit under this agreement for any building, structure, or improvement located on the Site requiring a building permit that is wholly or partially within the Town unless and until the Town sends the City a “zoning only permit” from the Town Director of Code Enforcement or its designee stating (i) Cornell has satisfied all applicable pre-construction special permit and site plan review requirements and conditions for such building, structure, or improvement (or portion thereof) within the Town and (ii) such building, structure, or improvement (or portion thereof) within the Town requiring a building permit complies with, or has received all necessary variances from, the Town’s zoning chapter, and complies with all other Applicable Town Code Requirements. 6. The City shall, regardless of location on the Site, issue building permits under this agreement in accordance with City Code Chapter 146 (Building Code Enforcement) and City Code Chapter 181 (Fire Prevention), and with all State laws, rules, and regulations as are ordinarily applied by the City for such buildings, structures, or other improvements. This 18 4 includes, but is not limited to, the New York State Uniform Fire Prevention and Building Code. For those portions of buildings, structures and improvements located within the City of Ithaca, the City will also apply its other local laws, rules, and regulations as are ordinarily applied by the City. 7. The City shall collect and keep all building permit fees for building permits it issues under this agreement, regardless of location on the Site, as are ordinarily assessed under City Code Chapter 146, or any other City Code or practice, for such buildings, structures, or other improvements. 8. The City shall, regardless of location on the Site, issue all initial and future temporary and final certificates of occupancy/compliance and conduct all code inspections, operating permit inspections and fire and electrical inspections for any building, structure, or improvement within the Site as required by 19 NYCRR Part 1203. The City shall issue no temporary or final certificate of occupancy/compliance under this agreement for any building, structure, or improvement requiring such a certificate that is wholly or partially within the Town unless and until the Town sends the City a letter from the Town Director of Code Enforcement (or its designee) stating Cornell has satisfied all applicable pre-certificate special permit, site plan and variance conditions for such building, structure, or improvement (or portion thereof) within the Town. In issuing such certificates and conducting such inspections, the City shall apply City Code Chapter 146 (Building Code Enforcement) and City Code Chapter 181 (Fire Prevention), as well as all State laws, rules, and regulations as are typically applied by the City for such buildings, structures, or improvements within the City, including, but are not limited to, the New York State Uniform Fire Prevention and Building Code. For those buildings, structures and 19 5 improvements (or portions thereof) located within the City of Ithaca, the City will also apply its other local laws, rules, and regulations as are ordinarily applied by the City. 9. The City shall collect and keep all charges and fees for certificates of occupancy/compliance and inspections conducted under this agreement, regardless of location on the Site, as are ordinarily assessed under City Code Chapter 146 (Building Code Enforcement), Chapter 181 (Fire Prevention), or any other City Code chapter or practice, for such buildings, structures, or other improvements. 10. Stormwater, Water, Sewer and 911 Addressing A. One Stormwater Pollution Prevention Plan applies to the Site and the rest of the Meinig Fieldhouse Indoor Sports and Recreation Facility project area (including the outdoor general recreation field), as shown on the final Meinig Fieldhouse Indoor Sports and Recreation Facility site plans approved by the City and Town (the “Project Area”). Except as specified in this Section 10.A, each Municipal Party will conduct inspections and perform all stormwater-related actions related to stormwater facilities and practices within its respective jurisdiction. Such actions include entry into an Operation, Maintenance and Reporting Agreement with Cornell, the filing of reports, and enforcement. Upon ninety (90) days’ written notice, the Town may delegate to the City post-construction inspections, reporting and enforcement for the portion of the Project Area within the Town, in which case the City will collect and keep any associated fees for its activities. B. The City will perform all water facility reviews, inspections and enforcement within Cornell’s water distribution system on the Site regardless of geographic location. The City will collect and keep any associated fees for its activities. 20 6 C. The City will perform all sewer facility reviews, inspections and enforcement within Cornell’s sewer system on the Site regardless of geographic location, except as follows. While no sewer connection from the Fieldhouse is planned to be located in the Town, for the portion of the Site within the Town, the Town will retain review, permitting, inspection, testing and enforcement for any Cornell sewer laterals from the building drain to the building sewer connection to Cornell’s sewer mains, and for Cornell’s sewer mains. Each Municipal Party will collect and keep any associated fees for their respective activities. D. The City will assign addresses to all buildings within the Site regardless of geographic location. The City will collect and keep any associated fees for its activities. 11. Except as otherwise specified in section 10 above, employees and officers of the City are authorized to, and shall, process, investigate and respond to all code violations and complaints, and issue any orders regarding the enforcement of the State and local laws, rules, and regulations described in the previous paragraphs of this agreement in relation to the Site regardless of location of the underlying building, structure, or improvement. The City further shall maintain records of all inspections and applications pertaining to the buildings, structures, or improvements located within the Town of Ithaca portion of the Site, make such records available to the Town upon reasonable advance notice, shall respond to inquiries from the Town about such records or the City’s services within the Town and provide annual reports as may be reasonably requested by the Town. 12. Except as otherwise specified in section 10 above, the City shall bring any necessary enforcement proceeding for violations of the State and local laws, rules, and regulations (including Applicable Town Code Requirements) described in the previous paragraphs of this agreement in relation to the Site, regardless of location of the underlying 21 7 building, structure, improvement, use or activity for which proceedings are commenced. The City will pay for all enforcement costs, including witness and attorney time, and will keep all penalties and fines that may be assessed as a result of such enforcement proceedings. 13. Any authority heretofore conferred on the Town Code Enforcement Officers pursuant to the Town Code or other applicable laws, rules or regulations is hereby conferred upon the City Code Enforcement Officers and other City employees and officers to undertake the City services within the Town described in this agreement. 14. The City’s employees performing services under this agreement shall not be considered Town employees for any purpose. The City and its employees shall have no claim against the Town for any compensation, worker's compensation, vacation pay, sick leave, retirement benefits, social security benefits, disability insurance benefits, unemployment insurance benefits, or any other employee benefits, all of which shall be the City’s sole responsibility. The Town will not withhold on behalf of the City any sums for income tax, unemployment insurance, social security, or any other withholding. 15. The Town shall not make any payments to the City for its services. The Municipal Parties agree that the fees, charges, penalties and fines that the City will collect under this agreement are adequate compensation to the City for its services. 16. To the fullest extent permitted by law, the City agrees to fully defend, indemnify and hold harmless the Town and its officers, elected officials, Boards, employees, and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs) (collectively referred to as “Claims”), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any 22 8 person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by the acts or omissions of the City or the City’s employees, agents or subcontractors, in connection with the services it performs or is required to perform for the Town or on its own behalf under this agreement. This duty for the City to defend, indemnify and hold harmless the Town shall not extend to Claims described in Section 17 below. 17. To the fullest extent permitted by law, the Town agrees to fully defend, indemnify and hold harmless the City and its officers, elected officials, Boards, employees, and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs), which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by the acts or omissions of the Town or the Town’s employees, agents or subcontractors, to the extent they are based on the Town’s zoning, special permits, site plans, or variances. 18. Each Municipal Party hereby agrees to maintain at all times General Liability insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list the other Municipal Party as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, and as may be otherwise required by the other Municipal Party. 19. This agreement shall be effective on the date it is fully executed by both Municipal Parties and Cornell (which is signing to indicate that it has seen and approved the agreement). This agreement shall remain in effect for five (5) years as written unless and until 23 9 terminated or modified upon the written agreement of both Municipal Parties. This agreement shall renew automatically for successive five (5) year terms upon the same terms and conditions unless a Municipal Party gives written notice to the other Municipal Party at least one year prior to the renewal date that the agreement will not renew. Either Municipal Party may terminate this Agreement for convenience upon one year’s notice to the other Municipal Party. 20. Any notices or other communications given under or in relation to this agreement shall be deemed duly given if served personally or by commercial courier service upon the other Municipal Party at the address set forth above, or if mailed by certified mail to the other Municipal Party at the address set forth above, return receipt requested. All notices shall be effective upon the date of receipt. Either Municipal Party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other Municipal Party. 21. While not a party to this agreement, Cornell’s signature on this agreement signifies that it has read and approves of its provisions. 22. This writing constitutes the entire understanding and complete agreement of the Municipal Parties. 23. This agreement may be executed in multiple counterparts, all of which together shall constitute the same instrument. 24 10 IN WITNESS WHEREOF, the City and Town, upon passage of proper resolutions of their respective governing boards, authorize their respective City Manager and Supervisor to execute this agreement. SIGNED: CITY OF ITHACA _____________________________ By: STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 2024, before me, the undersigned, personally appeared , 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. TOWN OF ITHACA _____________________________ By: STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 2024, before me, the undersigned, personally appeared , 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. ______________________________ Notary Public 25 11 SEEN AND APPROVED: CORNELL UNIVERSITY _____________________________ By: STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 2024, before me, the undersigned, personally appeared , 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. ______________________________ Notary Public 26 EXHIBIT A 27 28 |Meinig Fieldhouse Indoor Sports and Recreation Facility Site Materials 29 |Meinig Fieldhouse Indoor Sports and Recreation Facility Site Lighting 30 31 | Meinig Fieldhouse Indoor Sports and Recreation Facility Stormwater Management Plan 32 UTILITY PLAN C104 Seal Drawing No. Drawing Title: Key Map Project Title: Client Project No: Drawn By: Checked By: Approved By: Issue Date: DRAWING ISSUE & REVISION HISTORY No.Description Date Sasaki Project No: NOT FOR CONSTRUCTION ARCHITECT + LANDSCAPE ARCHITECTSASAKI110 Chauncy StreetBoston, MA 02111TEL. 617.926.3300www.sasaki.comCIVILTG MILLER605 West State Street, Suite AIthaca, NY 14850TEL. 607.272.6477www.tgmillerpc.comSTRUCTURALLEMESSURIER1380 Soldiers Field RoadBoston, MA 02135TEL. 617.868.1200www.lemessurier.comMEP/FPRFS ENGINEERING71 Water StreetLaconia, NH 03246 TEL. 603.524.4647 www.rfsengineering.com BUILDING AND FIRE CODE HOWE ENGINEERS 141 Longwater Drive, Suite 110 Norwell, MA 02061 TEL. 781.878.3500 www.howeengineers.com 04/19/2024 ISSUE FOR PERMIT Indoor Sports and Recreation Center & Multi-Purpose Field Tower Road Ithaca, NY 14853 Cornell University North Scale: 1" = 20' 04.19.2024 DAH OBB 11835 28020.00 (TGM #E22-09) DAH 33 DRAINAGE PLAN C105 Seal Drawing No. Drawing Title: Key Map Project Title: Drawn By: Checked By: Approved By: Date: DRAWING ISSUE & REVISION HISTORY No.Description Date Project No: No.Description Date ARCHITECT + LANDSCAPE ARCHITECTSASAKI110 Chauncy StreetBoston, MA 02111TEL. 617.926.3300www.sasaki.comCIVILTG MILLER 605 West State Street, Suite A Ithaca, NY 14850 TEL. 607.272.6477 www.tgmillerpc.com STRUCTURAL LEMESSURIER 1380 Soldiers Field Road Boston, MA 02135 TEL. 617.868.1200 www.lemessurier.com MEP/FP RFS ENGINEERING 71 Water Street Laconia, NH 03246 TEL. 603.524.4647 www.rfsengineering.com BUILDING AND FIRE CODE HOWE ENGINEERS 141 Longwater Drive, Suite 110 Norwell, MA 02061 TEL. 781.878.3500 www.howeengineers.com 06/28/2024 CONSTRUCTION BID SET Indoor Sports & Recreation Center and Sports Field 313 Tower Road | Ithaca, NY 14853 Cornell University North Scale: AS SHOWN 06/28/2024 DAH OBB 28020.00U (TGM #E22-09) DAH 1 ADDENDUM 1 08/08/24 34 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Attorney's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Victor Kessler, City Attorney DATE:December 4, 2024 RE:Amendment to Personnel Roster- Attorney's Office ITEM #:5.5 MEMORANDUM Consent- A resolution to amend the personnel roster to increase a rostered half-time position to full-time for 2025 ATTACHMENTS: 3.6 Amendment to Personnel Roster - City Attorney (1).pdf 35 Resolution to Approve Amendment to Personnel Roster – Attorney’s Office WHEREAS, the City Attorney’s Office currently has a vacant Assistant City Attorney position rostered as half time for 2025; and WHEREAS, on June 5, 2024, the Common Council authorized a temporary amendment to the personnel roster to convert an Assistant City Attorney position from half-time to full-time through the end of 2024, without additional funding, in order to accommodate recruitment and retention needs caused by staffing turnover; and WHEREAS, on November 13, 2024, the Common Council authorized funding to increase the hours of the vacant position from half-time to full-time for the 2025 budget year; and WHEREAS, the Common Council wishes to amend the personnel roster to reflect the increased funding for 2025; now, therefore, be it RESOLVED, that, effective immediately, the personnel roster for the City Attorney’s Office be amended such that the previous increase of one (1) Assistant City Attorney position from half- time to full-time authorized on June 5, 2024 shall no longer expire on January 1, 2025; and be it further RESOLVED, that, for the avoidance of confusion, the authorized personnel roster for the City Attorney’s Office now and henceforth includes (3) full-time Assistant City Attorney positions and one (1) half-time Assistant City Attorney position; and be it further RESOLVED, that the funding for this change shall be derived from the authorized departmental funding for the 2025 budget year. 36 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Human Resources Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Kemi Shokunbi, Director of Human Resources DATE:December 4, 2024 RE:Amendment to Personnel Roster- Human Resources Specialist ITEM #:5.6 MEMORANDUM Consent- Amend the personnel roster and add the HR Specialist title. ATTACHMENTS: Memo to Amend Personal Roster - HR Specialist_.pdf 37 Amendment to Personnel Roster – Department of Human Resources WHEREAS, the Director of Human Resources is evaluating the staffing needs following retirements, to determine the most effective and efficient staffing pattern for the department to better serve the public and ensure succession, and WHEREAS, the Director of Human Resources has recommended the creation of the title of Human Resources Specialist; approved at the September 4, 2024, Civil Service Commission meeting, now, therefore be it RESOLVED, that the personnel roster of the Human Resources Department be amended as follows: Add: One (1) Human Resources Specialist Reassign: One (1) Manager of Organizational Development and be it further RESOLVED, that the position of Human Resources Specialist shall be assigned to the Management Compensation Plan at salary grade 7, and be it RESOLVED, that for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System, the standard workday for these position(s) shall be established at eight (8) hours per day (forty (40) hours per week), and be it further RESOLVED, that the funding for this position shall be derived from existing funds within the approved 2024 Human Resources Department budget. 38 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Megan Wilson, Deputy Director of Planning & Development DATE:December 4, 2024 RE:Ordinance- Proposed Waterfront Zoning Amendment- Urban Beverage Producer ITEM #:6.1 MEMORANDUM Voting Item: An Ordinance To Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Section 8, Entitled “District Regulations” To Include Urban Beverage Producer as a Permitted Primary Use in the Cherry Street, West End/Waterfront, Market, and Newman Districts within the City of Ithaca. ATTACHMENTS: Ordinance -Urban Beverage Producer.pdf BU-Urban Beverage Producer Circulation Packet - 11-4-2024-2.pdf 39 9/18/2024 1 An Ordinance To Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Section 8, Entitled “District Regulations” To Include Urban Beverage Producer as a Permitted Primary Use in the Cherry Street, West End/Waterfront, Market, and Newman Districts within the City of Ithaca WHEREAS, several mixed-use zoning districts within the city allow for an “urban beverage producer” as a use within their regulations, and this use is similar to a brew pub with onsite food and beverage service as well as limited onsite production of alcoholic beverages, and WHEREAS, urban beverage producer is typically allowed in districts where restaurants, taverns, and bars are also permitted, and WHEREAS, as outlined in the City’s Waterfront Plan, the waterfront zoning districts are intended to be vibrant, active areas with commercial uses as well as housing, offices, and recreational uses, and WHEREAS, the Cherry Street, West End/Waterfront, Market, and Newman districts permit restaurants and bars as allowed commercial uses but urban beverage producer was not included as an allowed use, and WHEREAS, the inclusion of urban beverage producer as an allowed use is consistent with the intended development for the waterfront, as described in the City’s Waterfront Plan; now, therefore ORDINANCE NO. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Chapter 325, Section 8, Column 2, Permitted Primary Uses, of the Zoning Ordinance is hereby amended to add “urban beverage producer” as a permitted primary use in the following districts: Cherry Street District, West End/Waterfront District, Market District, and Newman District. Section 2. Severability. 40 9/18/2024 2 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 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. 41 To: Robert Cantelmo, Mayor Deborah Mohlenhoff, City Manager Common Council Victor Kessler, City Attorney Mike Thorne, Superintendent of Public Works Shaniqua Lewis, Deputy City Clerk Lisa Nicholas, Director of Planning & Development Rob Fell DeWalt, Director of Code Enforcement Alan Karasin, Director, Public Information & Technology City of Ithaca Department of Planning and Development Katie Borgella, Tompkins County Commissioner of Planning and Sustainability Sustainability and Climate Justice Commission Planning & Development Board From: Megan Wilson, Deputy Director of Planning & Development Date: November 4, 2024 Re: Proposal to Amend Permitted Primary Uses of the Waterfront Districts _______________________________________________________________________________ In 2019, Common Council adopted the Waterfront Plan as part of Phase II of the City’s Comprehensive Plan. The plan addresses the topics of land use, economic vitality, community livability, mobility and transportation, natural and cultural resources, and sustainability, energy and water resources, with more specific recommendations and action steps specifically for the waterfront area. The plan envisions that the waterfront will be a vibrant, mixed-use area that is home to restaurants, shops, galleries, housing, and more. The waterfront zoning reflects these goals in the allowed uses for the Cherry Street, West End/Waterfront, Market and Newman Districts. It was recently brought to staff’s attention that, while restaurants, bars, and taverns are permitted uses in the waterfront, “urban beverage producer” was left off the list of allowed primary uses. This use is similar to a brew pub with onsite food and beverage service as well as limited onsite production of non- alcoholic and alcoholic beverages (See 325-3 of the Zoning Ordinance for the full definition). Upon further review of the project files and the Waterfront Plan, it appears that urban beverage producer was inadvertently left of the list of allowed uses and was intended to be included, as is common in other zones where restaurants and bars are permitted. The attached amendment would add “urban beverage producer” as an allowed primary use in the four waterfront zoning districts. The proposed zoning amendment is an Unlisted action under the City’s Environmental Quality Review Ordinance and a Short Environmental Assessment Form (SEAF) has been prepared. The draft ordinance and SEAF are attached for your review. The Common Council will hold a public hearing on this proposal at its meeting on Wednesday, November 20th at 6 pm in the Common Council Chambers and will consider adoption of the zoning amendment at its meeting on December 4, 2024. Your comments are respectfully requested prior to the December 4th meeting so that they may be fully considered by the Common Council. If you have any questions, please contact me at mwilson@cityofithaca.org. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, AICP, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 42 Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Telephone: E-Mail: administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES If Yes, list agency(s) name and permit or approval: b.Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland SEAF 2019 43 Page 2 of 3 a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 44 Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:□Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State orFederal government as threatened or endangered? 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources?If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)?If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility?If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ 45 Page 1 of 2 Agency Use Only [If applicable] Project Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur SEAF 2019 46 Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: 47 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 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MADISON ST ELM ST ALBANY ST S CAYUGA ST BRINDLEY ST HANCOCK ST CECIL A MALONE RD SUNRISE RD CLINTON ST E NY 13/NY 34 S PLAIN ST SENECA ST WILLOW AVE FOURTH ST CLIFFPARKRD WILLIAMSGLENR ADAMS ST CLIFFPARKCIR CLIFF ST ESTY ST HOOK PL W COURT ST TAUGHANNOCKBLVDWESTWOODKNOLL WESTFIELDDR WSTATEST S CORN ST TAYLORPL N FULTON ST MORRIS AVE W JAY ST N MEADOW ST FRANKLIN ST FIFTH ST WARRENPL WILLOW AVE WESTVILLAGEPL BUFFALO ST SECOND ST FOURTH ST SHORT ST N PLAIN ST HECTORST E MARSHALL ST E YATES ST ALICEMILLERWAY FARM ST PARK PL YORK ST LAKE AVE CAMPBELLAVE VINEGARHILLRD SENECA ST 0 1,000 2,000500Feet Parcels Zoning District !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!B-1a B-1b B-2a B-2d B-4 B-5 CBD-100 CBD-120 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CBD-140 CBD-50 CBD-60 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CBD-85 PUD CSD MH-1 MD ND P-1 R-1a R-1b R-2a R-2b !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!R-2c R-3a R-3aa !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!R-3b SW-1 SW-2 WE/WF WEDZ-1a WEDZ-1bN City of Ithaca Waterfront District Map November 2023 48 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Jared Lane, Planner DATE:December 4, 2024 RE:Ordinance- Rezone a portion of the R-U District to U-1 ITEM #:6.2 MEMORANDUM Voting Item: An Ordinance To Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the R-U and U-1 Zoning Districts within the City of Ithaca ATTACHMENTS: Ordinance U-1 Rezoning- for Dec CC.pdf Map-Proposed U-1 Rezoning - Sept 2024.pdf 49 8/14/2024 1 An Ordinance To Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the R-U and U-1 Zoning Districts within the City of Ithaca WHEREAS, many of the properties within the City’s R-U district were constructed prior to the adoption of the City’s first zoning ordinance and subsequent amendments to the zoning ordinance, and WHEREAS, these properties often do not comply with all of the area requirements that were enacted after their construction and thus are considered nonconforming to the zoning ordinance, and WHEREAS, many of these nonconformities reflect the established character of the neighborhood and have limited or no impact on nearby properties, and WHEREAS, City Planning staff has been approached by property owners in the City’s R-U district about a possible rezoning of the area to address present deficiencies, and WHEREAS, City Planning staff has found the identified properties to be in full compliance with the regulations of the City’s U-1 district, and WHEREAS, rezoning these properties would align the zoning regulations to reflect the existing uses and built form of these parcels and ensure any future redevelopment is compatible with the existing character of the area, as outlined in Plan Ithaca; now, therefore, ORDINANCE NO. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from R-U to U-1 for the following tax parcels: 11.-3-2.2, 11.-3-3.2, 11.-3-5, 29.-3-1, 29.-3-2, 29.-3- 3, 29.-3-4, 29.-3-5, 29.-3-6, 29.-3-7, 29.-3-8, 29.-3-9, 29.-3- 10, 29.-3-11, 29.-3-12.1, 29.-3-12.2, 29.-4-1, 29.-4-2, 29.-4-3, 29.-4-4, 29.-4-5, 29.-4-6, and a portion of 30.-1-1.2. The 50 8/14/2024 2 boundaries are shown on the attached map entitled “Proposed U-1 Zoning,” dated September 4, 2024. Section 2. 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 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. 51 UNIVERSITY AVE STEWART AVE LAKE ST MCGRAW PL N WILLARD WAY WILLARD WAY WEST AVE GOTHICS WAY CAMPUS HILL APT DRIVEWAY Proposed U-1 Rezoning September 2024 Legend Proposed U-1Existing Zone R-2a R-3a R-U U-1 Historic Districts City Boundary Parks 0 220 440110 Feet ¯ Prepared by City of Ithaca Planning DivisionData Source: City of Ithaca GIS ProgramPrepared on September 4, 2024 52 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Nels Bohn, Director of Community Development, Ithaca Urban Renewal Agency, Emma Recckio, Grant Administrator DATE:December 4, 2024 RE:RestoreNY9 Grant Application- Waters Edge- Phase 1 ITEM #:6.3 MEMORANDUM Voting Item: Authorize Restore NY9 Funding Application ATTACHMENTS: RestoreNY9 Council Resolution 112124.pdf RestoreNY9 Legal Notice 112124.pdf RestoreNY9 memo to Council 112124.pdf 53 Proposed Resolution Common Council December 4, 2024 Authorize Restore NY9 Funding Application Whereas, the City of Ithaca is eligible for grant funding under Round #9 of the Restore NY Communities Initiative Municipal Grant Program (Restore NY), and Whereas, the goals of the Restore NY program are to (1) revitalize urban centers, (2) induce commercial investment, and (3) improve the local housing stock, and Whereas, Restore NY funding is available only for projects involving the demolition, deconstruction, rehabilitation and/or reconstruction of vacant, abandoned, condemned or surplus properties, and Whereas, municipalities with populations under 40,000 are eligible to submit one project, not to exceed a request for $1,000,000, and Whereas, the Common Council for the City of Ithaca has considered proposals that qualify for funding under the program and selected one project to be included in an application that will be submitted to Empire State Development Corporation (ESDC) as follows: The Waters Edge – Phase 1 project consists of the redevelopment of 683 Third Street into a mixed-income community that will include approximately 200 residential units, 20% of which will be below market rate units. As a former NYSDOT maintenance facility, the 8+ acre site is largely covered by asphalt driveways and parking as well as three former maintenance buildings. All three existing buildings will be demolished and the remainder of the site will be made ready for redevelopment with the improvement and relocation of the property’s utility infrastructure and additional sitework. And Whereas, a Restore NY application must include a municipal resolution supporting the application that includes specific findings, and Whereas, the property owner has agreed to provide all required local match contribution, so no City funding is required; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby supports and will sponsor an application for Restore NY funding for the Waters Edge – Phase 1 project at 683 Third St and will administer the grant in accordance with all applicable rules and regulations established by Empire State Development Corporation, and be it further 54 RESOLVED, that the City of Ithaca Common Council hereby finds the proposed project is consistent with the City comprehensive plan and Waterfront Area Plan; that the proposed financing is appropriate for the project; that the project facilitates effective and efficient use of the existing and future public resources so as to promote both economic development and preservation of community resources; and the project develops and enhances infrastructure and/or facilities in a manner that will attract, create, and sustain employment opportunities where applicable, and be it further RESOLVED, that the City Manager is hereby authorized to take all actions necessary to submit a Restore NY application in accordance with this resolution, including, but not limited to, certification of the application, and be it further RESOLVED, that the City Manager is authorized to modify the proposal to address any unforeseen feasibility issues that would impact competitiveness of the application, and be it further RESOLVED, that, if awarded, the City Manager, upon advice from the City Attorney, is hereby authorized to execute an agreement with the Empire State Development Corporation, and any other documents necessary to receive the Restore NY grant, as well as an agreement with the property owner to implement the project. 55 Ithaca Urban Renewal Agency │ Customer #: 203895 Sent via e-mail: cnylegals@gannett.com 108 E. Green St., Ithaca, NY 14850 │ (607) 274-6565 Contact Person: Nels Bohn TO: Legal Advertising Department, CNY Media The Ithaca Journal November 26, 2024 LEGAL NOTICE Please publish the following public hearing notice for three (3) consecutive days beginning on Saturday, November 30, 2024 in the Ithaca Journal. Please publish the notices over multiple columns to enhance readability of the notice. Public Hearing City of Ithaca RESTORE NY9 Grant Application The City of Ithaca Common Council will hold a public hearing at 6:00 p.m., Wednesday, December 4, 2024, in Council Chambers of City Hall, 108 E. Green Street, Ithaca, NY, on a proposed RESTORE NY9 grant application. The purpose of the hearing is to obtain citizen’s views and comments relative to the submission of an application to Empire State Development for financial assistance under the Restore NY Communities Initiative. The proposed Waters Edge – Phase 1 project includes demolition of three former NYSDOT maintenance buildings and construction of approximately 200 rental housing units, 20% of which will be below market rate units. The project sponsor is Waters Edge Ithaca, LLC. The following properties will be submitted for consideration: #1 – 683 Third St, 24,500 SF of vacant buildings on 8 acres of commercial property, proposed for demolition and reconstruction; Send written comments to Common Council, c/o City Clerk, City of Ithaca, 108 E. Green Street, Ithaca, NY 14850. Further directions for public comment will be described in the meeting notice at the Agenda Center: http://www.cityofithaca.org/AgendaCenter. For more project information, contact Nels Bohn at: nbohn@cityofithaca.org. Please verify receipt of this order to nbohn@cityofithaca.org. Please do not send an Affidavit of Publication. Send the bill to the Ithaca Urban Renewal Agency. Respectfully, Nels Bohn Cc (e-mail): City Clerk; K. Cook, IURA Accountant; C. Pyott, IURA Contracts Monitor NO 56 M E M O R A N D U M Date: December 4, 2024 To: Ithaca Common Council From: Nels Bohn, Director of Community Development, Ithaca Urban Renewal Agency Emma Recckio, Grant Administrator RE: RestoreNY9 Grant Application – Waters Edge – Phase 1 The purpose of this memo is to request authorization to submit a Restore NY9 funding application. BACKGROUND The City is eligible to submit a funding application for up to $1 million to Empire State Development (ESD) through the Restore NY Communities Initiative Municipal grant program (Restore NY9) to assist a project involving demolition, rehabilitation, and/or reconstruction of vacant buildings. Project proposals were solicited and the Waters Edge – Phase 1 project maximized ESD’s scoring criteria and matched up with the City objectives to expand the supply of affordable housing units. The Waters Edge – Phase 1 project consists of the redevelopment of 683 Third Street into a mixed-income community that will include approximately 200 residential units, 20% of which will be below market rate units. As a former NYSDOT maintenance facility, the 8+ acre site is largely covered by asphalt driveways and parking as well as three former maintenance buildings. All three existing buildings will be demolished, and the remainder of the site will be made ready for redevelopment with the improvement and relocation of the property’s utility infrastructure and additional sitework. BUDGET IMPLICATIONS & FUNDING The grant has no significant impact on the City’s budget, as the project sponsor is responsible for all match funding and the City will only disburse grant funds to the sponsor upon receipt of funds from ESD. QUESTION FOR COUNCIL Does the Council support submission of a Restore NY9 grant application to support the Waters Edge – Phase 1 project? Please note that specific findings must be included in the resolution. NEXT STEPS Staff will work with the sponsor to submit the grant application for the December 20, 2024 deadline. Completion of the application is the responsibility of the project sponsor. 57 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Sustainability Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Rebecca Evans, Director of Sustainability DATE:December 4, 2024 RE:NYSERDA Clean Energy Communities Grant Funding ITEM #:6.4 MEMORANDUM Voting Item: Establishment of a Capital Project to Receive NYSERDA Clean Energy Communities Grant Funding ATTACHMENTS: CEC Capital Project.pdf 58 Establishment of a Capital Project to Receive NYSERDA Clean Energy Communities Grant Funding Whereas, the City of Ithaca has demonstrated its desire and commitment to be a leader in sustainability and social equity, as exemplified by the adoption of the Ithaca Green New Deal; and Whereas, the Ithaca Green New Deal resolution was adopted unanimously in June 2019 and included a goal of community-wide carbon neutrality by 2030; and Whereas, the NYS Energy Research & Development Authority (NYSERDA) has managed the Clean Energy Communities program since 2016, a program aimed at providing resources, coordinator support, and funding to achieve high-impact actions that demonstrate leadership in clean energy initiatives; and Whereas, in 2023 the list of achievable actions increased, making the City of Ithaca eligible for increased funding; and Whereas, in 2024 City staff were successful in achieving and collating documentation to earn high-impact actions across multiple clean energy categories, resulting in up to $100,000 in grant funding; and Whereas, it is necessary to establish a Capital Project in advance of receiving award funds; therefore be it RESOLVED, that a capital project is hereby established in an amount not to exceed $100,000 and derived from NYSERDA grant funds to reimburse the general fund; and RESOLVED, that the City will continue to support the development and implementation of strategies to accelerate the development of programs to meet the goals established in the Ithaca Green New Deal. 59 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Mayor's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Mayor Robert Cantelmo DATE:December 4, 2024 RE:NYCOM State Aid ITEM #:6.5 MEMORANDUM Voting Item: The Executive Director of NYCOM urges all municipalities to pass a resolution supporting an increase in State Aid for local governments. ATTACHMENTS: Resolution NYCOM State Aid.pdf Memo- NYCOM State Aid.pdf 60 Resolution in Support of Continued and Increased State Aid for Local Governments Whereas, until 2024, cities, villages and towns had not received an increase in unrestricted state aid (AIM funding) in 15 years, significantly impacting their ability to provide essential services to their residents; and Whereas, after a prolonged period without financial support, local governments finally received an increase of $50 million in unrestricted state aid; and Whereas, local officials express their gratitude for the $50 million increase in unrestricted state aid, recognizing it as a positive step towards addressing long- standing funding challenges; and Whereas, the State has referred to this new aid as Temporary Municipal Assistance, suggesting that such increase may not continue, jeopardizing the sustainability of crucial municipal programs and services; and Whereas, the property tax cap further limits the ability of local governments to properly fund the programs and services their residents need; and Whereas, increased and ongoing state aid for local governments is vital for maintaining infrastructure, public safety, housing and other municipal services; and Whereas, the challenges of inflation, the increasing costs of labor and supplies, and the end of extraordinary federal aid only accentuate the need for consistent and predictable funding to effectively plan for the future and meet the growing needs of their residents; Now, therefore, be it resolved, that the City of Ithaca calls upon the Governor and the State Legislature to commit to continuing the additional $50 million in unrestricted state aid in the 2025-26 State Budget and beyond, and Be it further resolved, that the City of Ithaca urges state officials to recognize the need for a long-term plan that ensures consistent and predictable increases in financial support for local governments that keep pace with inflation. A copy of this resolution shall be sent to Governor Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senator Lea Webb, Assemblymember Anna Kelles, and the New York State Conference of Mayors (NYCOM). 61 M E M O R A N D U M Date: November 20, 2024 To: Common Council From: Mayor Cantelmo RE: Resolution in support of increased state aid for local governments EXECUTIVE SUMMARY The Executive Director of NYCOM urges all municipalities to pass a resolution supporting an increase in State Aid for local governments. BACKGROUND After a 15-year drought, the 2024-25 Adopted State Budget finally included a $50 million increase in unrestricted aid for cities, villages and towns (referred to as Temporary Municipal Assistance). While we appreciate that this did not translate into significant dollars for all of our members, it was a major step forward and hopefully the beginning of a stronger and more meaningful state-local partnership. It is essential that the State not only maintains the $50 million in new assistance but that they build upon this critical investment to strengthen our communities and lower the property tax burden on our residents. Consequently, we need to leverage this momentum by first thanking our state leaders for the additional funding and then convincing them of the need for consistent and predictable increases in state aid for local governments that keep pace with inflation. STRATEGIC THEME : COMMUNITY DEVELOPMENT & ECONOMIC VITALITY 62 63 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Controller's Office Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Mayor Robert Cantelmo DATE:December 4, 2024 RE:Adoption of the 2025 Tax Rate ITEM #:6.6 MEMORANDUM Voting Item: 2025 Tax Rate ATTACHMENTS: 1204_2024_Resolution_Tax_Rate.pdf 64 Resolution: Adoption of 2025 Tax Rate WHEREAS, the 2025 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $106,323,416 on November 13th, 2024 in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $72,986,099 leaving $33,399,715 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2024 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $2,794,955,255, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $49,053,708 for 2025; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2025, be, and the same hereby is, established and fixed at $11.95 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2024 Tax Roll, thereby making a total tax levy, as near as may be, of $33,399,715 and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $11.95 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the City Manager and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further 65 RESOLVED, That the total sum of $106,323,416 be appropriated in accordance with the adopted Budget to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2024 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property-$6,703,474,968 Less: Value of Exempt Property-$3,908,519,713 Net Value of Taxable Property $2,794,955,255 66 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, Deputy City Clerk TO:Common Council FROM:Mayor Robert Cantelmo DATE:December 4, 2024 RE:Appointment to the Board of Zoning Appeals ITEM #:7.1 MEMORANDUM David Barken and Andre Gardiner are re-appointed for a Three (3) year term to the Board of Zoning Appeals ATTACHMENTS: Mayors Appointments BZA.pdf 67 Mayor Appointments to the Board of Zoning Appeals RESOLVED, That David Barken and be re-appointed to the Board of Zoning Appeals with a term to expire December 31, 2027, and, be it further RESOLVED, That Andre Gardiner be re-appointed to the Board of Zoning Appeals with a term to expire December 31, 2027 68 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, TO:Common Council FROM:Deb Mohlenhoff City Manager DATE:December 4, 2024 RE:City Manager Monthly Report- Month of December ITEM #:9.1 MEMORANDUM Monthly Report to Common Council - December 2024 City Manager Strategic Themes Update - December 2024 ATTACHMENTS: December 4_CM Monthly Report to CC .pdf City Manager Strategic Themes Updates 12-4-24 Agenda.pdf 69 M E M O R A N D U M Date: December 4th, 2024 To: Common Council From: Deborah Mohlenhoff, City Manager RE: Monthly City Manager Report for December 2024 I am pleased to provide this monthly report to Council that will serve as an opportunity to highlight the work of our city departments and give key updates on ongoing initiatives. Also, attached to this report is a tracking form that provides updates on the City Manager’s work mapped to the Strategic Themes set by council at their Legislative Retreat. City Attorney The City Attorney’s office is very pleased to welcome a new Assistant City Attorney. He will be concentrating on litigation for the City. He started on October 21, 2024. Public Information & Technology/City Clerk Please find below the link to the OpenGov earnings / record counts for 2024 YTD. Note, this report only captures items that have a fee and use OpenGov for tracking and payments. It is not a comprehensive list of all City fees collected. Payments YTD_1124 GIAC • We hosted members of the American Indian Law Alliance for a staff development workshop in honor of Native American Heritage Month. • GIAC’s Annual Harvest Fest Dinner was a resounding success. We served approximately 900 to go meals to the community. • Black Friday Weekend, November 29-30 is GIAC’s Gorges Games. It is a 3-on-3 basketball tournament hosted by the Teen Program in the GRC. • HETP completed classroom training for seven participants, all of whom are completing their internships currently. • Three GIAC staff and 5 teen participants attended the National Facing Race Conference in St. Louis, Mo., last week. This conference that occurs every two years focuses workshops and other educational and networking sessions on issues related to race, racism, intersectionality, and other forms of oppression, with concrete learning on how to address those issues effectively. 70 Planning & Economic Development • Downtown Revitalization Initiative (DRI) Update: We hosted a very successful site tour with representatives from the Southern Tier Regional Economic Council, on Monday, November 4th. We are currently a finalist for the $10 million grant award that will focus on revitalizing the West MLK/West State Street Corridor and West End. The final step in the application process is to give a presentation to the Southern Tier REDC in early December. • Staff will hold a public event to gather feedback on proposed zoning for the Southside Neighborhood on Monday December 9th from 4:30-6:30 pm at the Southside Community Center. The zoning proposal is meant to help implement recommendations of the Southside Neighborhood Plan adopted in April 2019. Ithaca Fire Department • Five firefighter recruits graduated from the 15-Week Recruit Fire Fighter Training (RFFT) at the New York State Fire Academy on November 7, 2024. They will return to the Academy for two one-week courses in Rope Rescue Operations and Hazardous Materials Technician. They will participate in IFD specific training with the goal of transitioning to a shift in January 2025. These new recruits assigned to shift will help reduce current overtime costs due to short staffing on shifts. • Construction continues at the new East Hill Fire Station. Anticipate the building being fully enclosed by the end of November. Anticipate primary project completion by May 2025. • Members of the Hazmat Team are providing shift training on two new hazmat detection meters which are now in-service. • Hazmat Team leadership are working with Cornell Environmental Health and Safety to develop a full-scale hazmat drill on Campus in 2025. The training will be a joint training with Cortland County, Cayuga County, and NYS Hazmat. Members will drill on specialty equipment to prepare for the exercise. • On November 1, 2024, IFD fought a significant brush fire on East Shore Drive, Lansing. Fire Departments from across Tompkins County participated. • On November 10, 2024, IFD responded to three separate gorge incidents. At 1:10 am, IFD rescued a woman who fell 50 feet into a crevasse at Fall Creek gorge. The woman was airlifted to a trauma center and is expected to make a full recovery. At 10:50 am, IFD recovered a body from under the Stewart Ave bridge. At the same time as the recovery, IFD members were searching the Giles Street gorge for an unfounded report of a person jumping from the pedestrian bridge. • Design work continues for the required modifications to the new HME Heavy Rescue demo unit. The Heavy Rescue will replace an existing vehicle that is 34 years old. • IFD is working on a FEMA Assistance to Firefighter’s Grant (AFG) to purchase needed portable radios. • IFD will be offering the entry-level Firefighter Civil Service Exam on March 1, 2025. Application deadline is 23 January 2025. Please share! 71 Human Resources • Hiring Date - Average time to fill for the 2 positions starting in the month of November was 52 days from time of posting to start date. • Attended Career Exploration Fair for residents at Finger Lakes Residential Center 11/1/2024 • Continued partnership with CJC for Police Officer 2025 recruitment • Trainings and Conferences – staff attended two regional health and safety conferences. Launched a new online LMS (Learning Management System) for employee training. • Turnover - 2 New Hires, 1 Separation, 0 Retirements • Compliance - Workplace Violence Prevention Program implementation, distributed annual compliance packet for all employees. Ithaca Police Department • On December 7th, between 11:00AM - 4:00PM, IPD will be assisting Santa with his grand entrance at Center Ithaca. 🎅🎅 • IPD is partnering with Cops, Kids, & Toys in their annual toy drive to bring smiles and joy to children in the community. Toy bins are located around the county and can be found on www.copskidsandtoys.org Cash donations can be sent to the organization at 836 Hanshaw Rd, Ithaca, NY 14850. • Officers from IPD attended the 1st annual Friendsgiving with the CJC on 11/14 at the Calvary Baptist Church • Partnering with Guardian Alliance to assist with backgrounds, increase efficiency in processing candidate backgrounds. • Of the 44 invitations sent to candidates for the Physical Agility Test, 21 candidates have completed the PAT and are continuing in the process • 1 recruit is in the Syracuse Police Academy Public Works Superintendent • Continued work with Barton & Loguidice on the FEMA flood mitigation project. Scheduling another technical meeting with FEMA to question model assumptions and clarify requirements for floodwall design. Engineering • Design approval granted for Stewart Ave bridge over Fall Creek (deck replacement) and design is on-going for N Cayuga St bridge over Fall Creek (full replacement). • Design continues for trail extension to the Kirby Edmonds bridge over Rt 13 and the Town of Ithaca's Gateway trail, including access to Buttermilk Falls State Park. An online public meeting was held on November 7th. • Design development continues for Cass Park pavilion and bathroom building replacements, partially grant funded. • Safe Streets and Roads for All project (www.safestreetstompkins.com) is scheduling public information meetings for December. Network and crash history analysis is complete, working on setting goals and priorities • Refining draft Design Report for Route 13/Cayuga Waterfront Revitalization project (BUILD • grant, www.route13ithaca.com). Environmental review and design approval to follow. • Construction is ongoing for the addition to the large pavilion in Stewart Park. • Sidewalk contract work is complete for the year. • Sidewalk 2025 work plan has been adopted. Working on bid documents for 2025 construction. Streets & Facilities 72 • Completed stormwater cleaning of catch basins (Citywide) • Completed Utility patch repair (Citywide) • Continue with end of year Street sweeping for leaves (Citywide) • Prepared Trucks for Winter weather Water & Sewer • Issued 1,414 Lead, galvanized, and unknown service notices as per EPA Lead Rule requirements • Continued flushing and video inspection work on the Meadow Street sewer main in anticipation of the rehabilitation work expected to occur in 2025 • Continued water main replacement on South Albany from Green to Spencer • Installed a tie-in for the Fall Creek ice melting feed at the north end of the Science Center ped bridge • Obtained a directional drilling quote for the ice melting feed from the Farmer's Market to the Wastewater Treatment Plant Headworks Building • Hydrant relocations, and general water & sewer service installs • Hired new Administrative Assistant for WWTP, starting on December 2 • Began annual performance reviews • Provided Notice of Interest on potential grant funding for the Ithaca Dam Rehabilitation Project. Dredging, dam surface improvements, new gatehouse, sluice drain restoration, rock underpinning, and new intake structure Parking & Commons • The CSO's continue their expanded booting Operation which has generated, since the spring, almost $40,000 in additional revenue over and above their usual ticketing • The new electrical Inverters have been successfully installed at both their Seneca Street and Dryden Road locations • Our three Parking garages continue to function as normal without the as-intended pay-stations • We all survived our first "snowstorm" 73 City Manager Action Items – 12/4/24 Updates This document is a merger of the City Manager’s original 100-day plan and the Strategic Themes set by council at their Legislative Retreat. Items that were completed on the 100-day plan have been removed. Remaining items have been sorted into the council's strategic theme categories. Legislative priorities assigned to staff have also been added to this document. CLIMATE JUSTICE, RESILIENCE, & SUSTAINABILITY -Mitigate impacts of climate change and develop plans for resilience while prioritizing climate justice communities. Goal/Action Item Progress/Action Taken Other Notes/Updates Pass Justice 50 timeline for incorporating J50 into CP process COMPLETED SOCIAL HEALTH & BELONGING -The City of Ithaca works to make sure that every person, regardless of race, religion, sex, sexuality, nation of origin, or socioeconomic status is a part of a vibrant community. Every person should have access to economic stability, community cohesion, vibrant and beautiful neighborhoods, educational Goal/Action Item Progress/Action Taken Other Notes/Updates Start collaboration with Collegetown BID -Topic to be addressed at an upcoming ED meeting Ensure effective delivery of new Commitment to Equity and Justice statement to all departments and explore a required diversity training component to employee onboarding process rollout -Identifying use of budget dollars set aside in 2024 budget for implementation of the diversity statement Strategic workplan -HR Director is developing training to be delivered to Senior Staff 12-4 NO UPDATES 74 EFFECTIVE, TRANSPARENT, & COLLABORATIVE GOVERNMENT -A government that provides regular, timely information to the public on progress, opportunities, and challenges; collaborates with municipal and institutional partners to deliver cost-effective services; and offers clear processes and rationales for decision-making. Goal/Action Item Progress/Action Taken Other Notes/Updates Reestablish Advisory Boards These updates will now be provided by the working group chair. Staff are here to support this work as Invite Council to participate in Capital Planning; Create a framework for capital spending/prioritization built from needs study documents for 9/26 presentation to council https://ecode360.com/8385913 COMPLETED Continue to identify process changes needed to switch to Council-Manager form of government charter/code for identified minor inconsistencies COMPLETED to address staffing issues and create a timeline for Common Council & staff for feedback process 12-4 NO UPDATES are any changes needed to come in line with the more recently negotiated contracts; review management compensation plan and recruitment practices CSEA Admin bargaining unit -Will also be meeting with the Management Confidential employee group that follows CSEA Admin to review any issues or concerns -Both MC and CSEA Admin will come to council in 12-4 NO UPDATES comprehensive redesign of city’s website and design process for regular content review and updates 12-4 NO UPDATES or policies that need to be modified or created EXAMPLE MODEL: https://tompkinscountyny.gov/ctyadmin/policy/index 12-4 NO UPDATES 75 Establish a position that is dedicated to managing the City’s brand, media relations, social media strategies, public information strategies, and crisis communication. 12-4 NO UPDATES 12-4 NO UPDATES into the City Budget process adopted budget so we can start reviewing the options for pulling data and sharing reports as ONGOING 12-4 NO UPDATES COMPLETED COMMUNITY DEVELOPMENT & ECONOMIC VITALITY -The City will strive to be fiscally sound, multi-resourced, diverse, and affordable for all renters and property owners, while balancing available funding with sensible spending. Goal/Action Item Progress/Action Taken Other Notes/Updates Reevaluate CIITAP -staff work is completed unless council wishes to take any action at a later date COMPLETED profits, local leaders of color, etc. 12-4 NO UPDATES SAFE & ACCESSIBLE HOUSING -Increase housing access, quality, stability, and sustainability across a range of incomes and housing types, with equitable availability in neighborhoods throughout the city Goal/Action Item Progress/Action Taken Other Notes/Updates Implement a comprehensive approach to serving unhoused population response groups and outreach partners -continuing participation in county convened meetings related to the Code Blue and other 76 -Encampment Response Coordinator interviews schedule for early December -working on revitalizing the Community Outreach Worker program with REACH and other partners -working on scope and charge for working group to evaluate encampment policy and response direction and proposed policy COMPLETED ADU - ONGOING MOBILITY, ACCESSIBILITY, & INFRASTRUCTURE -Respond efficiently to community infrastructure needs & ensure safe and accessible streets and sidewalks for all. Goal/Action Item Progress/Action Taken Other Notes/Updates Innovating solutions to address snow and ice maintenance previous benchmarking research on this topic -added to workplan for 2025 Community Permit position 12-4 NO UPDATES Live link: https://www.cityofithaca.org/772/SeeClickFix Submitted as part of the City Manager’s report for the December 4, 2024, meeting of Common Council 77